

Strict Scrutiny
Crooked Media
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.
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.
Episodes
Mentioned books

Feb 7, 2024 • 32min
Why Did Trump Get Denied Immunity?
The podcast discusses the DC Circuit's rejection of Trump's immunity arguments in the D.C. election interference case, highlighting the importance of criminal accountability and protecting the democratic process. It also explores the misconception of presidential immunity and the potential implications of the court's decision. The hosts compare this situation to a previous case involving personal documents from a sitting president, and discuss the Supreme Court's need to address the abuse of office for personal grudges.

6 snips
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.

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.

4 snips
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.

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.

5 snips
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.

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.

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.

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.

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.