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Strict Scrutiny

Latest episodes

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Feb 5, 2024 • 53min

Does the Constitution Disqualify Trump from Presidency?

Rick Hasen joins the hosts to discuss whether the Constitution disqualifies Trump from the presidency. They explore the upcoming Supreme Court case, the vulnerability of voting rights, and potential implications for democracy. They analyze Trump's merits brief, propose a constitutional amendment, and discuss the path to protecting the right to vote.
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Feb 2, 2024 • 51min

E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"

E. Jean Carroll and Robbie Kaplan discuss Carroll's defamation lawsuit against Donald Trump, the $83.3 million jury award, and the impact of Trump's defamatory statements. They reflect on the challenges and victories in the five-year legal battle, the emotional journey for Carroll, and their plans to use the money for good. They also emphasize the importance of speaking out against sexual assault and dealing with criticism and hatred.
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Jan 29, 2024 • 1h 25min

Who Has Final Authority At The Border?

Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made, joins Kate and Melissa to discuss the Supreme Court during WWII, the relationship between sitting justices and the government, and the complex political story of FDR's choice for running mate. They also explore Texas' lawsuit against the United States at the border, highlighting the legal arguments and implications for states' resistance to federal power.
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Jan 22, 2024 • 1h 6min

AITA? SCOTUS Edition

Podcast discusses Supreme Court cases challenging agency power, highlighting the Koch-funded campaign to overrule Chevron. They critique arguments, explore impact on democracy and presidential power, and delve into contradictions. They also cover arguments on fairness, judicial power expansion, property takings, and state lawsuits. Finally, they humorously discuss a comprehensive planner and encourage subscriptions.
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Jan 15, 2024 • 1h 8min

The Legality of Presidents Doing Whatever They Want

The podcast episode covers oral arguments on the No Fly List, confrontation clause, and government takings. They discuss upcoming cases on Chevron and Trump's immunity from prosecution. The hosts address concerns about the direction of the Court and Justice Thomas' potential participation in election overturn efforts.
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Jan 8, 2024 • 1h 17min

Trump's Eligibility, Cash for Clarence, and a Meditation for 2024

This episode of the podcast covers topics such as rich individuals giving money to Justice Thomas, state courts deciding on issues like Trump's eligibility, Supreme Court cases to be heard, a special guest discussing staying sane in election year, and the benefits of meditation and turning inward.
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Jan 1, 2024 • 1h 2min

New Year, Same Court

The hosts suggest New Year's resolutions for the Supreme Court justices, discussing their admiration for the ethics of the justices, concerns about assignments to the first black woman on the court, leaks, nails, and resolutions, the impacts of decisions on independent women and cost savings on phone plans, the changing appearance of a person's skin, suggestions for Justice Sotomayor and safe words, misunderstandings of the Zarda case, criticism towards an individual's behavior, improving Justice Kavanaugh's public perception, and New Year's resolutions and collaborations.
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Dec 18, 2023 • 1h 26min

Behind the Scenes of Overturning Roe v. Wade

Reporter Jodi Kantor discusses her reporting on what went down behind the scenes at SCOTUS as the conservative majority sought to overturn Roe. They also cover new Supreme Court grants, arguments over gerrymandering in Wisconsin, and share their favorite things for the holidays.
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Dec 11, 2023 • 1h 14min

Fake Cases, Fake Facts, Real Implications

The hosts discuss a tax case and bankruptcy case, as well as an abortion-related case in Texas. They delve into the implications of the 16th Amendment on income taxes and challenge the solicitor general's argument. They also explore the bankruptcy settlement plan for Purdue Pharma and the liability of the Sackler family. Additionally, they examine workplace discrimination, Justice Thomas' stance, expanding religious liberty, and criticize originalism and judicial restraint.
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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.

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