Strict Scrutiny
Crooked Media
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.
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.
Episodes
Mentioned books
Dec 4, 2023 • 1h 30min
Taking a Hatchet to Government Agencies
Former clerks for Justice Sandra Day O'Connor, Oona Hathaway and Sam Sankar, discuss her legacy. They explore challenges to the SEC's authority, Constitutional implications of the Seventh Amendment, and the classification of drugs as controlled substances. They also delve into conservative groups using a Supreme Court decision to challenge programs addressing maternal mortality among black women. Additionally, they share personal experiences of working for a prominent figure, including anecdotes about dinners and fitness activities. They discuss Justice O'Connor's disapproval of the current court and protests outside the Supreme Court.
Nov 27, 2023 • 1h 4min
A Deregulatory Sh*t Show Waiting to Happen
The podcast discusses upcoming Supreme Court cases on the Armed Career Criminal Act, double jeopardy, and the constitutionality of the government. They also talk about a voting rights case and Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
Nov 20, 2023 • 1h 19min
A Code of Misconduct
Guest Molly Duane, plaintiffs' lawyer in the Zurawski case, discusses the serious consequences of denied abortions. The hosts analyze the Supreme Court's newly adopted code of ethics and highlight its loopholes. They also address the impact of Texas' SB eight law on medical exceptions and the dehumanizing nature of the legal process. Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi, talks about the challenges in providing reproductive health care after the Dobbs decision.
38 snips
Nov 13, 2023 • 1h 12min
The Supreme Court's Second Amendment Mess
The hosts analyze United States v. Rahimi, a second amendment case, and the conservative shift in the Supreme Court's interpretation of the Second Amendment. They discuss Justice Jackson's arguments against the Bruin test and the connection between Chevron and the Second Amendment. They also delve into another Supreme Court case and an exchange on sovereign immunity, as well as oral arguments and stare decisis. Finally, they criticize the Fifth Circuit's reliance on Robert Bork and tease a special episode on Dobbs related cases.
Nov 6, 2023 • 1h 8min
Doing Government on Twitter
The podcast discusses Supreme Court cases on government officials blocking people on social media, trademarking 'Trump Too Small,' and a Second Amendment case on firearms restrictions for domestic violence offenders. They explore the justices' understanding of social media, the role of social media in democracy, and the distinction between private and public speech. They also mention the release of new ornaments and t-shirts for the holiday season and promote other podcasts.
4 snips
Oct 30, 2023 • 1h 7min
Trump's Legal Defense is Dumb AF
Discusses Trump's legal defense in various cases, including a civil fraud trial and potential penalties. The ACLU supports Trump's right to speak in the January 6 case. Examines the concept of state action in relation to social media laws. Explores a Supreme Court case involving trademark limitations and discusses Justice Thomas's luxury RV loan. Criticizes partisan gerrymandering in North Carolina districting maps. Mentions upcoming November elections in Virginia and Ohio.
Oct 23, 2023 • 1h 13min
Texas is a Magic 8 Ball for the Country
ProPublica's Andrea Bernstein discusses the new investigative podcast 'We Don't Talk About Leonard'. They also talk about Leonard Leo's influence on the judiciary, political influence on judicial selection in Missouri, legal issues and court cases in Texas, and the inconsistent treatment of platforms and the First Amendment.
Oct 16, 2023 • 1h 8min
Big BROTUS Energy
The hosts recap Supreme Court oral arguments, including a voting rights case. They discuss corruption, billionaires' influence, and predict outcomes. They explore a case on racial gerrymandering and its implications. The role of racial data and partisanship in redistricting is analyzed. They discuss potential Supreme Court decisions and a recent controversial court ruling. Also mentioned are a college classmate's memorial fund, podcasts, wine, and online education.
8 snips
Oct 9, 2023 • 1h 21min
Not Especially Judicious
The podcast discusses Supreme Court oral arguments on civil rights enforcement and funding structures for financial agencies. They explore topics like mootness and tester standing, firing warning shots, and the interpretation of the 'and' in the safety valve provision for nonviolent drug offenses. They also analyze the constitutionality of the CFPB and its implications for other agencies, explore arguments on appropriations and tradition, and discuss the consequences of the blue slip practice and shortage of district court judges in Texas. Exciting developments include merchandising opportunities and a collaboration with Kariuma for eco-friendly shoes.
Oct 2, 2023 • 57min
What Fresh Hell Will This Supreme Court Term Bring?
The podcast discusses the start of a new Supreme Court term and previews the first oral arguments. It covers breaking news on Alabama's voting power, progressive litigation challenges, interpreting the First Step Act, a constitutional challenge to agency funding, conspiracy theories and litigation over the 14th amendment, and Justice Kagan's dissenting opinion in a student debt case.
