Strict Scrutiny - Strict Scrutiny

Latest Episodes:

Fossil Fuel Rules Everything Around Me Aug 29, 2022

Show notes

Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

What the Fight After Roe Actually Looks Like Aug 22, 2022

Show notes

Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Women Are Not Without Power Aug 15, 2022

Show notes

Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Hostility to Mercy Aug 08, 2022

Show notes

Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases. Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.

Read Lee's article, "The Trump Executions," in the University of Texas Law Review

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Law & Religion on the Barrett Court Aug 01, 2022

Show notes

It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

The Family Roe: An American Story Jul 25, 2022

Show notes

Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

How Mitch Rigged the Courts Jul 18, 2022

Show notes

While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.

*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject!

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Break Glass in Case of Emergency Jul 11, 2022

Show notes

It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to.

For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Smashing Precedents and Making Up Facts Jul 04, 2022

Show notes

The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06].

You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

3/6/26 – San Francisco
3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Just how bad is the Supreme Court's EPA decision? Jul 01, 2022

Show notes

Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!