
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

64 snips
Mar 24, 2025 • 1h 25min
Deportations and the Death of Due Process
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.

49 snips
Mar 17, 2025 • 1h 7min
How to Lose a Democracy in 10 Laws (with Elie Mystal)
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 He highlights outdated laws, including those affecting immigration and civil rights, and stresses the need for reform to foster inclusivity.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.

9 snips
Mar 10, 2025 • 1h 12min
The Conservative Push to Sue the Media Into Oblivion
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.

82 snips
Mar 3, 2025 • 1h 18min
Pod Save the Separation of Powers
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.

90 snips
Feb 24, 2025 • 1h 21min
The Atextual & Illegal Attack on Birthright Citizenship
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.

68 snips
Feb 17, 2025 • 1h 14min
Yes, We’re in a Constitutional Crisis
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.

79 snips
Feb 10, 2025 • 1h 25min
DOGE Runs Amok & Originalism’s Ahistoricism
Jonathan Gienapp, a law and history professor at Stanford and author of "Against Constitutional Originalism," dives into the fraught relationship between originalism and historical interpretation. He critiques how originalists overlook founding intentions and the dynamic nature of law. The conversation also highlights the troubling influences of tech billionaires in politics and the implications of youth culture in governance. Gienapp emphasizes the importance of civic engagement and a more nuanced understanding of constitutional principles for a healthy democracy.

39 snips
Feb 3, 2025 • 1h 12min
The Lawlessness, Chaos, & Cruelty of Trump 2.0
The hosts dive deep into Trump's controversial dismissals of inspectors general, revealing a troubling pattern of lawlessness. They dissect the chaotic fallout within the Justice Department and examine the implications of executive orders targeting the transgender community. The discussion also covers a tragic plane crash linked to regulatory rollbacks and critiques the impact of private interests on government integrity. Tackling voting rights and the recent election disputes in North Carolina and Wisconsin adds to the urgency of these pressing issues.

17 snips
Jan 27, 2025 • 1h 17min
Trump’s Onslaught of Executive Orders
The hosts delve into the onslaught of executive orders from the Trump administration, dissecting their impacts on immigration, gender equality, and marginalized groups. They explore the contradictions within these orders and discuss the Supreme Court's recent decisions, including a notable case regarding TikTok and data privacy. Listener questions spark lively debates on regulatory challenges and the courts' role in countering authoritarianism. All this unfolds amidst an examination of the societal consequences of these policies and the importance of corporate accountability in DEI initiatives.

35 snips
Jan 20, 2025 • 1h 14min
SCOTUS's Porn Problem
Dive into the humorous chaos surrounding a Supreme Court case involving Pornhub and the unexpected legal debates that arise. The discussion touches on Biden's declaration about the Equal Rights Amendment, revealing its significance for women's rights. Insightful critiques on judicial corruption and the Republican fixation on pornography follow, paired with amusing courtroom exchanges about content regulation. Explore justices' misunderstandings of U.S. versus European laws and Justice Kagan's take on First Amendment rights in an entertaining yet informative ride.