

Leah Litman on the Grievance and Conspiracy Theories That Run SCOTUS
Aug 11, 2025
Leah Litman, a law professor at the University of Michigan and co-host of 'Strict Scrutiny,' dives into the Supreme Court's political dynamics. She discusses how conservative grievances and conspiracy theories influence judicial decisions, particularly on voting rights and LGBTQ equality. Originalism's impact on marginalized groups is examined, alongside the Federalist Society's role in shaping the court's ideology. Litman also advocates for significant reforms to democratize the Supreme Court, including court expansion and new ethics standards.
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Episode notes
Acknowledge The Court Is Political
- Do not treat the Supreme Court as an apolitical, untouchable institution.
- Leah Litman argues using politics to change the court is necessary to prevent its takeover.
Grievance As A Legal Throughline
- Conservative grievance means a widespread sense among conservatives that they are victims of discrimination.
- Leah Litman links that grievance to many modern conservative legal positions.
Shelby Logic Erases Ongoing Discrimination
- The Court invalidated a key Voting Rights Act protection by claiming voter discrimination was no longer a problem.
- Leah Litman shows that conclusion reframes racial minorities as no longer suffering discrimination.