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Strict Scrutiny

Latest episodes

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Jul 3, 2023 • 1h 2min

What else can the Supreme Court get away with?

Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? in an RV in Walmart parking lot? Who's to say!). They highlight recurring themes throughout the justices' opinions, relive some of the best moments in oral arguments, recap the Court's scandals, and preview the cases that scare them next term.US term. Watch/listen to this episode of The Problem with Jon Stewart where the Strict Scrutiny Hosts breakdown Jarkesy v. SEC, a case SCOTUS will hear next term.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 30, 2023 • 50min

Student Debt Relief Bad, Bigotry Good

The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates "a constitutional right to refuse to serve members of a protected class." And in the latter, the majority invalidate's the Biden administration's student debt relief program because, well, they had feelings about it.Listen to our episode recapping the 303 Creative arguments: "How the 303 Creative case threatens to roll back the 21st century"Listen to our episode recapping the arguments in the student debt relief cases: "Ascertaining the Majorness of Student Debt Relief"Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 29, 2023 • 1h 3min

The End of Affirmative Action

Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions programs that consider race to be in violation of the 14th Amendment. Melissa, Kate, and Leah break down the Chief Justice's opinion, Justice Thomas's galling concurrence, and the brilliant dissents by Justice Jackson and Justice Sotomayor.Listen to our recap of the hours and hours of oral arguments in these cases: "Affirmative Action Reaction"Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 27, 2023 • 54min

Is ISL dead? IDK.

The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can’t actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.We'll be around all week pushing out emergency episodes as the Supreme Court continues to do... whatever it does. Be sure to subscribe in your podcast app of choice so you don't miss it!Listen to our previous episodes on the independent state legislature theory/fan fiction/thingamajig: "Debunking the Independent State Legislature Fantasy" with Carolyn Shapiro and Jamelle Bouie, and "Turning Fan Fiction Into Reality."Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 26, 2023 • 1h 9min

A Fear of Too Much Justice

Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Alito. And then it's opinion-palooza, recapping the opinions we got last week while we wait with bated breath for the horrors the last week of the term will bring.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 24, 2023 • 44min

BONUS: This Land on the Indian Child Welfare Act

Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast, takes us inside the courtroom in this special bonus episode to break down the decision, how we got here, and what it all means. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 19, 2023 • 1h 17min

Good News for the Indian Child Welfare Act

The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.Listen to two previous episodes with Rebecca Nagle: "Go Down Clutching the Constitution" from March 2022 when the case was granted, and "The Uncertain Future of the Indian Child Welfare Act" from November 2022, right after oral arguments.Listen to season two of This Land, which tells the backstory of Haaland vs. BrackeenDonate to Barry Jones' release fund and listen to the episode we did with Liliana Seguara on his case: "Innocence Isn't Enough"We’re going to be hosting Strict Scrutiny Office Hours! It’ll be a special video on YouTube in about a week where we’ll answer your questions about the SCOTUS decisions out so far, the big ones yet to drop, Trump’s indictment, who should win Drag Race All Stars 8. Send a voice memo to us with your question to strictscrutiny@crooked.com. Please keep them to 20 seconds or less, and if you’re okay with it, include your name. We need these by this Wednesday, June 21st.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 14, 2023 • 34min

Trump Arraigned and Arrested (BONUS episode)

Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 12, 2023 • 1h 16min

A Win for Multiracial Democracy

Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah to break down the opinion for a live show at Howard University School of Law.Listen to this past episode where the hosts recap the oral arguments for Allen v. MilliganRead Melissa Murray's op ed with Steve Vladeck in The Washington PostListen to argument recaps for Jack Daniel’s Properties, Inc. v. VIP Products LLC in this episodeFollow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky
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Jun 5, 2023 • 55min

"Not That Bad" is Still Bad!

Melissa, Leah, and Kate talk to Jenny Hunter, a labor lawyer and union consultant, about the recent SCOTUS opinion in Glacier Northwest v. Teamsters which has implications for union labor laws and the right to strike. They also discuss Justice Alito’s ignoring the Court's newly self-imposed sort-of-not-really enforced ethics rules, and a PBS Frontline documentary about Clarence and Ginni Thomas (that even Kate couldn’t turn off).Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th! Or register for the live stream here: go.crooked.com/streamstrictListen to these past episodes about Glacier Northwest v. Teamsters.Here is where you can find out more about Eyvin Hernandez, an LA County Public Defender who is being held in Venezuala after being detained while on vacation in Colombia last year.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky

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