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Strict Scrutiny

Latest episodes

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Sep 19, 2022 • 53min

Unprincipled and Inconsistent Voting Rights Shenanigans

Leah talks with Wilfred Codrington III about his article, "Purcell in Pandemic," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms? Follow us on Instagram, Threads, and Bluesky
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Sep 12, 2022 • 57min

Please Pay Attention to State Courts and Constitutions

Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center. Follow us on Instagram, Threads, and Bluesky
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Sep 5, 2022 • 55min

Debunking the Independent State Legislature Fantasy

With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections.  Follow us on Instagram, Threads, and Bluesky
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Aug 29, 2022 • 52min

Fossil Fuel Rules Everything Around Me

Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term. Follow us on Instagram, Threads, and Bluesky
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Aug 22, 2022 • 1h 24min

What the Fight After Roe Actually Looks Like

Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones. Follow us on Instagram, Threads, and Bluesky
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Aug 15, 2022 • 1h 17min

Women Are Not Without Power

Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory. Follow us on Instagram, Threads, and Bluesky
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Aug 8, 2022 • 51min

Hostility to Mercy

Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases.  Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.Read Lee's article, "The Trump Executions," in the University of Texas Law Review Follow us on Instagram, Threads, and Bluesky
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Aug 1, 2022 • 1h 2min

Law & Religion on the Barrett Court

It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future. Follow us on Instagram, Threads, and Bluesky
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Jul 25, 2022 • 57min

The Family Roe: An American Story

Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America. Follow us on Instagram, Threads, and Bluesky
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Jul 18, 2022 • 51min

How Mitch Rigged the Courts

While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject! Follow us on Instagram, Threads, and Bluesky

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