
Strict Scrutiny
Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.
Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.
Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
Latest episodes

Jun 9, 2025 • 1h 33min
9-0, but Make It Complicated
The hosts dive into the complexities of a unanimous Supreme Court decision, touching on cases about reverse discrimination and gun manufacturer liability. They analyze the implications of Trump's travel bans and the lawsuit against North Carolina following a Democrat's win. Kate shares her experience testifying before Congress, highlighting biases faced by women. The lively exchange is spiced with insights on recent rulings affecting healthcare, discrimination, and the intertwining of politics and podcasting, making for an engaging legal discussion with a personal touch.

27 snips
Jun 2, 2025 • 1h 34min
It's Officially Bad Decision Season
Join Ambassador Norm Eisen, a key figure in litigation against the Trump administration, and Emily Amick, author of 'Emily in Your Phone,' as they tackle pressing issues surrounding reproductive rights and the current legal battles. They dive into the recent surge of lawsuits against Trump and dissect the implications of these legal challenges. The conversation also touches on the disturbing sexual harassment claims in Texas and how these shape the broader narrative of accountability in politics and law. Insightful, provocative, and utterly engaging!

25 snips
May 26, 2025 • 1h 24min
A Blockbuster Non-Opinion and a Fascism Grab Bag
Noah Rosenblum, an Associate Professor of Law at NYU known for his expertise in legal history, dives into the complex relationship between presidential power and independent agencies. He discusses a significant Supreme Court ruling that permits the president to fire federal commissioners without cause. The conversation touches on historical precedents and the consequences this ruling may have on executive authority. Additionally, the podcast navigates through topics like religious charter schools and the impact of recent legal decisions on civil rights.

19 snips
May 19, 2025 • 1h 44min
Will the Courts Let Trump End Birthright Citizenship?
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.

46 snips
May 12, 2025 • 1h 36min
The Supreme Court’s ‘Lawless’ Era
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?

59 snips
May 5, 2025 • 1h 43min
Will SCOTUS Sign Off on Religious Charter Schools?
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.

32 snips
Apr 28, 2025 • 1h 40min
Can Religious Parents Veto Books in Public Schools?
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! 6/12 – 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 VibesFollow us on Instagram, Threads, and Bluesky

68 snips
Apr 21, 2025 • 1h 33min
Are Trump Administration Officials in Criminal Contempt?
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! 6/12 – 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 VibesFollow us on Instagram, Threads, and Bluesky

41 snips
Apr 14, 2025 • 1h 30min
SCOTUS Lets Trump Play Word Games
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.

36 snips
Apr 7, 2025 • 1h 29min
What’s the Future of Planned Parenthood?
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.