Strict Scrutiny

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/eventsPre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)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.

David Enrich, an investigative reporter for The New York Times and author of "Murder the Truth," joins the discussion on the alarming trends targeting media accountability. He dives into the conservative push against the landmark New York Times v. Sullivan ruling, exploring its implications for press freedom. The conversation also touches on the dangers posed by misinformation and the legal battles surrounding media credibility. Enrich highlights the necessity for individuals to counteract these narratives while advocating for robust journalism.

The hosts tackle the latest from the Trump administration, humorously critiquing power consolidation and its impact on federal workers. They examine contentious Supreme Court cases, including reverse discrimination, and the implications of controversial health policies. A significant legal battle regarding Mr. Glossop sheds light on prosecutorial duties and judicial dynamics. They also explore complexities in employment discrimination, calling attention to shifting legal interpretations and the need for inclusivity in the system.

In this insightful conversation, Professor Kate Masur, an award-winning historian and expert on the 14th Amendment, joins the hosts to discuss the legality of Trump’s executive order on birthright citizenship. She provides historical context, debunking modern misconceptions and emphasizing the foundational role of citizenship in U.S. law. The discussion also touches on SCOTUS cases, the implications of recent executive actions, and the importance of understanding the historical roots of citizenship rights.

Dive into the chaos of the Trump administration as the hosts unpack growing concerns over government corruption and ethics. They tackle alarming legal changes, including the gutting of key consumer protections and the DOJ's questionable actions. Gender politics take center stage, critiquing the administration's impact on women's rights. Amidst the turmoil, the discussion highlights the importance of activism and hope for a better future. It's a critical exploration of where legal landscapes meet impending constitutional crises.