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Strict Scrutiny

Latest episodes

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Jul 26, 2023 • 1h 6min

BONUS: #WITHpod & Strict Scrutiny Crossover

Leah, Kate, and Melissa join Chris Hayes to discuss the drama of the last Supreme Court term, including striking down affirmative action, issuing opinions in the 303 Creative case, and invalidating the Biden administration's student debt relief program. They also address recent allegations of ethical improprieties of SCOTUS justices and the ongoing effort to overturn Roe v. Wade.
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Jul 24, 2023 • 57min

Shining Light on the Shadow Docket

Leah, Kate, and Melissa talk to Steve Vladeck, author of 'The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic', about the Supreme Court's secretive shadow docket and its impact on issues like LGBTQ+ rights, abortion, and COVID orders. They discuss the historical development of the shadow docket, the role of William Howard Taft in shaping it, and incidents involving Supreme Court justices. The chapter also mentions the podcast's sponsors and raises concerns about the court's inconsistent behavior on the shadow docket.
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Jul 17, 2023 • 59min

Clarence Thomas's America

Joel Anderson, host of Slow Burn: Becoming Justice Thomas, joins Melissa and Kate to analyze the justice's trajectory from his childhood in Georgia to his contentious confirmation hearings. Plus, Joel spills behind-the-scenes tea about reporting the series-- including how he found himself in the living room of Justice Thomas's mother.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Threads, and Bluesky
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Jul 10, 2023 • 47min

How the Federalist Society Took Over

We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution and Separate But Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture, joins Melissa and Leah to guide the journey.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.Order Ideas with Consequences and Separate But Faithful  at Bookshop.org. Promo code STRICT10 gets you 10% off! Follow us on Instagram, Threads, and Bluesky
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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, 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, 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, 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, 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, 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, Threads, and Bluesky

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