As-applied vs facial equal protection issues

Melissa, Leah, and Kate kick off by discussing the functional suspension of the Constitution in Minneapolis and Trump’s targeting of Federal Reserve Chair Jerome Powell. Then they dissect the arguments in a pair of cases that came before the Court last week about whether state laws barring trans girls and women from their schools’ sports teams violate the Constitution or Title IX. Finally, they break down new opinions from SCOTUS involving criminal law, the Fourth Amendment, and mail-in ballots.

Favorite things:

• Kate: You’ve heard about who ICE is recruiting. The truth is far worse. I’m the proof., Laura Jedeed (Slate); Remarkably Bright Creatures, Shelby Van Pelt; God of the Woods, Liz Moore; Ulysses at the Public Theater
• Leah: They Were Ordinary Germans. We Are Ordinary Americans., Shalom Auslander (NYT); What to know about the Insurrection Act, Steve Vladeck & Allison Gill (One First); Can Trump Actually Use the Insurrection Act? Steve Vladeck and Jennifer Rubin (The Contrarian)
• Melissa: Nuremberg; Ammel vs. Sinema; This guy

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

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

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