Strict Scrutiny

In this episode, Elora Mukherjee, a Columbia Law School professor and director of the Immigrants' Rights Clinic, shares her expert insights on the controversial birthright citizenship case currently before the Supreme Court. They delve into the implications of a potential executive order to end citizenship by birth, discussing its challenges under the 14th Amendment. Mukherjee highlights how this could affect vulnerable families and the chaos it may instigate. The conversation also touches on the intersection of judicial independence and executive power.

In this engaging discussion, Amanda Litman, co-founder of Run for Something and author of 'When We're in Charge,' delves into the challenges facing today’s leaders, especially among millennials and Gen Z. She explores the impact of the Supreme Court's recent decisions on democracy and civil rights, emphasizing the need for accountability. Litman also shares insights on sustainable leadership, navigating authenticity in workplace dynamics, and the importance of strategic communication to drive meaningful change. Plus, who knew Taylor Swift could factor into Supreme Court discussions?

The podcast dives into the implications of a recent Supreme Court case on religious charter schools, questioning the future of the Establishment Clause. It also features a fiery exchange between oral arguments in a disability rights case and critiques of the Trump administration's legal maneuvers. The hosts explore the intersection of education policy, public opinion, and constitutional tensions, while highlighting issues of accountability in law enforcement. The discussion reflects on the evolving landscape of civil rights and the importance of diverse voices in legal scholarship.

Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone, joins to discuss the rise of the creepy conservative push to get women to have more babies. Hosts' Favorite Things:Leah:SCOTUS conservatives seem eager to increase parents' religious rights in public schools by Chris GeidnerHow Sam Alito Inadvertently Revealed His Own Homophobia From the Bench by Mark Joseph SternDeportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial by Ahilan ArulananthamREVEALED: Elon and Trump's Plans to Mint More Mothers by Emily AmickThese Summer Storms by Sarah MacLeanKate:The Trump Victim I Can’t Stop Thinking About by Michelle GoldbergWe Visited Rumeysa Ozturk in Detention. What We Saw Was a Warning to Us All by Sen. Edward J. Markey, Rep. Jim McGovern, and Rep. Ayanna PressleyEmily: Now comes the ‘womanosphere’: the anti-feminist media telling women to be thin, fertile and Republican by Anna SilmanEveryone is Lying to You by Jo PiazzaThe Testaments by Margaret AtwoodThe Witch Elm by Tana French Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.Hosts’ favorite things:Melissa: White Potus (SNL); Good Dirt, Charmaine Wilkerson; Hacks (Max); Confessions of a Female Founder (with Reshma Saujani)Kate: So You Want to be a Dissident Julia Angwin & Ami Fields-Meyer (New Yorker); Who Is Government? The Untold Story of Public Service, Michael Lewis; Just Security (Substack); Judge Wilkinson’s opinion for the 4th circuit on the Abrego Garcia case; Catalina, Karla Cornejo VillavicencioLeah: Never Again Will I Visit Auschwitz: A Graphic Family Memoir of Trauma & Inheritance, Ari Richter; The Vibe Shifts Against The Right, Michelle Goldberg (NYT); Harvard’s new websiteAlso mentioned this episode: The Supreme Court threatens to bring “Don’t Say Gay” to every classroom in America, Ian Millhiser (Vox); Five Questions About Domestic Use of the Military, Steve Vladek (One First) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Deborah Archer, a law professor at NYU and president of the ACLU, delves into her book, discussing how transportation infrastructure exacerbates racial inequality. The conversation tackles the Supreme Court's recent rulings on the Alien Enemies Act, shedding light on the administration's leeway in deportations. Archer emphasizes the urgent need to rethink transportation policies to promote equity and justice, connecting systemic issues to historical decisions. The dialogue highlights the intersection of legal accountability and social justice in shaping a more inclusive society.

The hosts dive into the implications of recent Supreme Court rulings, especially surrounding Planned Parenthood and healthcare access. They celebrate Susan Crawford’s win in Wisconsin while pointing out the messy interplay of money in politics. Legal challenges to Trump’s tariffs are hilariously dissected, alongside discussions about voter rights and religious exemptions. Lastly, they emphasize the ongoing battle for reproductive rights in the current political landscape, highlighting resilience amid adversity.

Jon Lovett, a comedian and political commentator, dives into the high stakes of the Wisconsin Supreme Court election, discussing how Elon Musk's financial support could sway outcomes. The conversation balances humor and serious insights on campaign strategies and grassroots mobilization. They explore the constitutional implications of recent Voting Rights Act rulings, the challenges of voter disenfranchisement, and critique anti-DEI initiatives while reflecting on the chaotic nature of governance and its effects on marginalized communities.

Dive into the alarming misuse of the Alien Enemies Act for mass deportations, exposing the emotional toll and moral implications. The conversation highlights upcoming Supreme Court cases on the Voting Rights Act and critiques the power dynamics between the executive branch and the judiciary. Discover analyses of diversity in agency leadership and the impact of recent executive actions. With humor and insights, the hosts blend legal battles with cultural discussions, making the complex world of law relatable and engaging.

In this engaging discussion, Elie Mystal, a justice correspondent for The Nation and author of "Bad Law: Ten Popular Laws That Are Ruining America," critiques problematic legislation threatening democracy. He highlights outdated laws, including those affecting immigration and civil rights, and stresses the need for reform to foster inclusivity. They also tackle the implications of deregulation in education and the historical roots of controversial policies like the Immigration and Nationality Act. Mystal's insights shed light on the critical intersection of law and social justice.