
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

10 snips
Nov 11, 2024 • 53min
Making Sense of the Election and What It Means for the Court
The hosts dive into the implications of the recent election results on the Supreme Court. Emotional reflections on the political climate showcase personal stories tied to women's health. They discuss grassroots campaigning's impact on voter engagement and the conflicting results of state ballot initiatives on abortion rights. A pivotal Supreme Court case regarding the Voting Rights Act adds another layer of complexity, addressing minority representation and racial gerrymandering. Recent court developments receive insightful analysis, tying them to ongoing socio-political challenges.

23 snips
Nov 4, 2024 • 50min
Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket
A Supreme Court justice's unlikely friendship with a German princess sparks a humorous discussion on judicial impartiality. Upcoming elections loom large over critical cases, including DACA and abortion laws. The hosts touch on the real-life repercussions of strict abortion bans, sharing personal stories and health risks. They also dive into the implications of impending voter-related rulings, mixing light-hearted commentary with serious civic engagement. Plus, entertaining tidbits about Halloween costumes add a festive twist!

6 snips
Oct 28, 2024 • 1h 28min
Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
Lisa Lerer and Elizabeth Dias, both New York Times correspondents, delve into their book, exploring the fall of Roe v. Wade and the anti-abortion movement's strategic rise in American politics. They discuss the implications for women's rights and the shifting landscape of reproductive health. David Pozen, a Columbia Law professor, joins in to analyze how the war on drugs intersects with constitutional law, revealing the historical challenges and ongoing fights for individual liberties. It's a gripping look at the evolving American legal and political landscape.

Oct 21, 2024 • 1h 4min
SCOTUS’s Endless Beef with the EPA
Dive into the turbulent waters of recent Supreme Court decisions affecting environmental policy, particularly the EPA's battle over water quality in San Francisco. The hosts debate the implications of legal rulings on immigration and veterans' benefits, adding unexpected humor with a viral baby hippo reference. Political speech, voting rights, and reproductive justice also take center stage, underscoring the complex interplay between law and current events as the nation gears up for upcoming elections.

Oct 14, 2024 • 47min
"Ghost Guns" are Guns (Duh)
The hosts dive into the Supreme Court's recent discussions around ghost guns and civil rights, showcasing dramatic moments like Justices Alito and Kagan's tension. They analyze rulings affecting abortion laws, emphasizing the federal versus state dynamics. The podcast highlights the comedic yet serious courtroom debates about the legal status of ghost guns, making the complex legal landscape accessible. Listeners can expect engaging commentary on the implications of these cases for voting and civil rights, all wrapped up in a lively discussion.

Oct 7, 2024 • 1h 20min
An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice
Jonathan Kanter and Doha Mekki from the DOJ's Antitrust Division dive into how antitrust law can drive progressive social change. They discuss the implications of unregulated ghost guns and their impact on public safety. Kanter emphasizes the role of young progressives in advocating for antitrust enforcement as a means to promote equity, touching on its intersections with labor rights and healthcare. The conversation unveils a fascinating perspective on using legal frameworks to address systemic inequalities and empower communities.

Sep 30, 2024 • 1h 9min
Steel Yourself for a New SCOTUS Term
The hosts dive into the upcoming Supreme Court term, foreshadowing significant cases on gender-affirming care for trans minors and ghost gun regulations. They discuss how recent rulings reveal the Court's political leanings and the dire implications for voting rights. A poignant reflection ties personal grief to political action, urging engagement in debates. With humor and gravity, they examine the intricate dynamics of the Court in a charged political landscape, raising concerns about judicial integrity amidst emerging challenges.

Sep 23, 2024 • 1h 19min
No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar
Pamela Karlan, co-director of Stanford’s Supreme Court Litigation Clinic and a seasoned advocate, joins the discussion alongside Madiba K. Dennie, author of The Originalism Trap. They explore the remarkable influence of Solicitor General Elizabeth Prelogar in the Supreme Court, her adept handling of complex cases like the Idaho healthcare law, and the dialogue surrounding originalism's rigid frameworks. The conversation also delves into the need for reforms in the Supreme Court to foster equity and representation, highlighting how grassroots movements can shape constitutional rights.

Sep 16, 2024 • 1h 2min
The Battle for Native Rights & Comstock: The Zombie Law From Hell
Rebecca Nagle, author of "By the Fire We Carry," discusses the ongoing battle for Native rights and the implications of federal Indian law. She highlights the tensions between Native sovereignty and judicial interpretations. Law professors Reva Siegel and Mary Ziegler delve into the Comstock Act's legacy, exploring its profound effects on reproductive rights and women's freedoms. They dissect the historical injustices linked to censorship and the struggle for civil rights in today’s political landscape, critiquing the suppression of marginalized voices.

Sep 9, 2024 • 58min
Reform, Repression, & Reproductive Rights (Live from Texas!)
U.S. Representative Jamie Raskin shares insights on the ethical dilemmas posed by the Supreme Court and ways Congress can hold it accountable. Activist Amanda Zurawski, known for her pivotal case against anti-abortion laws, discusses her personal tragic experiences and the broader implications of restrictive reproductive rights in Texas. The conversation also highlights pressing issues of voter suppression and the importance of solidarity in the fight for democracy and women's rights.