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Strict Scrutiny

Latest episodes

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Feb 13, 2023 • 58min

The Originalist Case for Terrorizing Women

Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs. Plus, they highlight a federal court opinion that would allow people facing domestic violence orders to possess guns, and President Biden’s (brief) State of the Union comment about vetoing any national abortion ban legislation. Listen to "How SCOTUS gutted our gun laws," about the Supreme Court's recent ruling that the constitutional right to carry a gun extends beyond the homeListen to "What the Fight After Roe Actually Looks Like," which recapped the first two months of a post-Dobbs worldListen to "Roe is dead. Now what?," which captured our immediate reaction to the Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization Follow us on Instagram, Threads, and Bluesky
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Feb 6, 2023 • 46min

The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage

Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage. Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs. But he warns about the dangerous exemptions that could be carved out through 303 Creative, which the Supreme Court has yet to issue an opinion on, but foreshadowed in its Hobby Lobby opinion.Buy your own copy of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage (use STRICT10 for 10% off!)Read an excerpt of The Engagement: America's Quarter-Century Struggle Over Same-Sex MarriageListen to our episode recapping arguments in 303 Creative v. Elenis  Follow us on Instagram, Threads, and Bluesky
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Jan 30, 2023 • 53min

Lady Justice: Women, the Law, and the Battle to Save America

Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022.Order Lady Justice: Women, the Law, and the Battle to Save America here (use STRICT10 at checkout for 10% off!)Read more about Whole Woman’s Health v. HellerstedtWatch this documentary about lawyer and activist Pauli Murray, an often under-credited legal pioneer of civil rights, racial justice and gender justice, and listen to Strict Scrutiny's interview with the film makersLearn more about the International Refugee Assistance Project Follow us on Instagram, Threads, and Bluesky
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Jan 23, 2023 • 1h 11min

Cosplaying an Investigation

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court's "investigation" into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access-- an unfortunately commemoration of the 50th  anniversary of Roe v. Wade.Here’s the report summarizing the Supreme Court's investigation into who leaked the Dobbs opinion. (TLDR: they still don't know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.) Follow us on Instagram, Threads, and Bluesky
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Jan 16, 2023 • 1h 7min

Busting Unions and Dodging Opinions

Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- some theories about why the Court hasn't issued any opinions this term, and some breaking news in the investigation over the leaked Dobbs opinion.Listen to our past episode on the 303 Creative v. Elenis case that's mentioned this week.Listen to this episode of America Dissected which features Melissa. She discusses the COVID-19 vaccine mandate cases argument that's discussed in this week's episode. Follow us on Instagram, Threads, and Bluesky
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Jan 9, 2023 • 1h 1min

The Long Game to Weaken Workers' Rights

Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes in a pair of cases involving labor unions. Follow us on Instagram, Threads, and Bluesky
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Dec 26, 2022 • 1h 4min

Civil Rights Queen

Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recognize the name Constance Baker Motley from Ketanji Brown Jackson's speech upon receiving her nomination to SCOTUS. Motley was the first black woman to be appointed to the federal bench-- and she and Justice Jackson share a birthday. Judge Motley's story illustrates the fights for equality, across race and gender lines, in the mid-20th century.Order Civil Rights Queen at Bookshop.org and use code STRICT10 at check-out for 10% off. Follow us on Instagram, Threads, and Bluesky
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Dec 19, 2022 • 1h 20min

All I Want For Christmas Is Democracy

Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a winter wonderland with this year's list of Our Favorite Things! If you're still doing your holiday shopping, we've got lots of recs. Follow us on Instagram, Threads, and Bluesky
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Dec 12, 2022 • 1h 10min

How the 303 Creative case threatens to roll back the 21st century

The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights.  Follow us on Instagram, Threads, and Bluesky
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Dec 5, 2022 • 1h 15min

Making Fraud Great Again

Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday."Debunking the Independent State Legislature Fantasy" with Jamelle Bouie and Carolyn Shapiro"Turning Fan Fiction Into Reality" HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at  votesaveamerica.com. Follow us on Instagram, Threads, and Bluesky

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