Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections-- threatening the future of the nation's clean water. And of course, Leah and Steve catch up on the latest Harlan Crow news.

Plus, Jessica Valenti gives an update on life after Dobbs.

• Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
• Listen to this past episode about Sackett v. EPA with Sam Sankar
• In this episode, the hosts discussed the arguments for Tyler v. Hennepin County, another one of the opinions discussed.
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined.

• Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
• The hosts covered the arguments of the opinions for Gonzales v. Google LLC and Twitter, Inc. v. Taamneh in this episode.
• In this episode, the hosts discussed the arguments for Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, another one of the opinions discussed.
• This past episode discusses the arguments for Ohio Adjutant General’s Department v. Federal Labor Relations Authority, an opinion the hosts talk about this week

Melissa, Kate, and Leah cover the gift that keeps on giving-- a.k.a. billionaire Harlan Crow, who can't seem to stop giving undisclosed gifts to Justice Clarence Thomas. They continue the discussion on the deluge of stories about questionable ethics at the Supreme Court following a report that said Leonard Leo arranged for Ginni Thomas to be paid tens of thousands of dollars for "consulting work". The cherry on top? Two recent Supreme Court opinions about political corruption and fraud. Finally, they are joined by John Mills, an attorney for Richard Glossip, who was sentenced to death for a crime for which there is powerful evidence he did not commit.

• Listen to an interview with Justin Elliott, one of the ProPublica reporters who broke the news about Harlan Crow and Justice Thomas.
• The hosts covered the arguments of the opinions for Percoco v. US and Ciminelli v. US in this episode.
• In this episode, the hosts discussed the arguments for Santos-Zacaria v. Garland, another one of the opinions discussed.
• This past episode discusses the arguments for National Pork Producers Council v. Ross, an opinion the hosts talk about this week.
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are our fancy billionaire friends? Can we stop being such hysterical harpies? Which Taylor Swift song is the best? Plus, we recap Justice Alito's "interview" with the Wall Street Journal so you don't have to read it. 

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court, joins Melissa, Kate, and Leah to discuss proposals for making the judiciary more transparent and accountable. Plus, the hosts recap oral arguments-- including one on whether the government can take your money and keep the change.

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves the way for a death-row inmate to obtain DNA testing that could prove his innocence.

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, then undisclosed real estate deals. Then, if you're wondering about the latest in the mifepristone cases, the hosts breakdown the latest news and what it all means for abortion care nationwide. Kate and Leah also preview two court cases that will be argued at the Supreme Court next week, recap an opinion, and highlight a concerning grant.

• We want to hear from you! Submit your questions to strictscrutiny@crooked.com (If sending a voice memo, please keep it to 20 seconds or less)
• Read ProPublica's reporting on Justice Clarence Thomas's home sale to billionaire republican Harlan Crow.
• Here's a twitter thread from Leah on the consequences of the Mifepristone ruling
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences. They discuss the lasting effects of the Trump presidency on the Court and the working relationships between Justices, giving listeners a glimpse behind the curtain on some of the most iconic scandals at the Court.

• Order Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order.
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah  and Kate  to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.

Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments.

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court.

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the constitutionality of a federal law that prohibits people from encouraging unlawful immigration, and Jack Daniels (yes, the alcohol company) suing a dog toy company over a poop-related joke. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day.

• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

For a transcript of this episode, go to crooked.com/strictscrutiny

First things first: WE WON AN AMBIE!  Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with Joanna Schwartz about her new book, Shielded: How the Police Became Untouchable. Plus, a quick overview of what we expect from the Supreme Court before it ends its term in late June.

• Order Shielded: How the Police Became Untouchable at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order!
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s Supreme Court oral arguments on the cases blocking 20 million borrowers from seeing between $10,000 and $20,000 of forgiveness on their federal student loans. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion.

• Listen to last week’s episode previewing the student debt relief cases
• Listen to this episode on the federal court case regarding the FDA approval of mifepristone.
• Follow Strict Scrutiny on Instagram and Twitter.
• Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching.

• Follow Strict Scrutiny on Instagram and Twitter.
• Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Danielle Citron, author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age, joins Leah and Melissa to preview two  Supreme Court cases that ask whether online platforms should be held liable for user-uploaded content. Plus, more drip-drip-drip from the investigation of the Dobbs  leak.

• Read The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (use promo code STRICT10 for 10% off!)
• Read The Onion's incredible amicus brief

Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs. Plus, they highlight a federal court opinion that would allow people facing domestic violence orders to possess guns, and President Biden’s (brief) State of the Union comment about vetoing any national abortion ban legislation. 

• Listen to "How SCOTUS gutted our gun laws," about the Supreme Court's recent ruling that the constitutional right to carry a gun extends beyond the home
• Listen to "What the Fight After Roe Actually Looks Like," which recapped the first two months of a post-Dobbs world
• Listen to "Roe is dead. Now what?," which captured our immediate reaction to the Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization

Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage. Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs. But he warns about the dangerous exemptions that could be carved out through 303 Creative, which the Supreme Court has yet to issue an opinion on, but foreshadowed in its Hobby Lobby opinion.

• Buy your own copy of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage (use STRICT10 for 10% off!)
• Read an excerpt of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage
• Listen to our episode recapping arguments in 303 Creative v. Elenis 

Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022.

• Order Lady Justice: Women, the Law, and the Battle to Save America here (use STRICT10 at checkout for 10% off!)
• Read more about Whole Woman’s Health v. Hellerstedt
• Watch this documentary about lawyer and activist Pauli Murray, an often under-credited legal pioneer of civil rights, racial justice and gender justice, and listen to Strict Scrutiny's interview with the film makers
• Learn more about the International Refugee Assistance Project

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court's "investigation" into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access-- an unfortunately commemoration of the 50th  anniversary of Roe v. Wade.

• Here’s the report summarizing the Supreme Court's investigation into who leaked the Dobbs opinion. (TLDR: they still don't know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.)

Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- some theories about why the Court hasn't issued any opinions this term, and some breaking news in the investigation over the leaked Dobbs opinion.

• Listen to our past episode on the 303 Creative v. Elenis case that's mentioned this week.
• Listen to this episode of America Dissected which features Melissa. She discusses the COVID-19 vaccine mandate cases argument that's discussed in this week's episode.

Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes in a pair of cases involving labor unions.

Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recognize the name Constance Baker Motley from Ketanji Brown Jackson's speech upon receiving her nomination to SCOTUS. Motley was the first black woman to be appointed to the federal bench-- and she and Justice Jackson share a birthday. Judge Motley's story illustrates the fights for equality, across race and gender lines, in the mid-20th century.

Order Civil Rights Queen at Bookshop.org and use code STRICT10 at check-out for 10% off.

Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a winter wonderland with this year's list of Our Favorite Things! If you're still doing your holiday shopping, we've got lots of recs.

The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights.

Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.

On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday.

• "Debunking the Independent State Legislature Fantasy" with Jamelle Bouie and Carolyn Shapiro
• "Turning Fan Fiction Into Reality"

HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at  votesaveamerica.com.

Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again. 

On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court case before it was public. The story offers a glimpse at a years-long campaign by conservative activists to obtain access to and ingratiate themselves with Supreme Court justices. It's really wild and really disturbing-- so Leah, Kate, and Melissa convene for an emergency episode to discuss.

Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.

Plus, we take a look at the midterm outcomes and what they mean for the courts.

• Listen to Season 2 of This Land, all about the  back story of Haaland v. Brackeen.
• Read Rebecca Nagle's piece in The Atlantic, "The Supreme Court Case That Could Break Native Sovereignty."

Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.

On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases.

• Listen to an episode on race conscious remedies from our spin-off show, Irrational Basis Review

Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers. A former prosecutor and leading authority on sexual violence, Deb's book examines why we are primed to disbelieve allegations of sexual abuse--and how we can transform a culture and a legal system structured to dismiss accusers.

This episode contains discussions of sexual violence. Please use discretion and take care of yourselves.

Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz, National Pork Producers Council v. Ross, and Andy Warhol Foundation for the Visual Arts v. Goldsmith.  Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics.

Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap  arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color.

It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term. 

For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices, joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan.

Leah talks with Wilfred Codrington III about his article, "Purcell in Pandemic," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms?

Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center.

With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections. 

Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term.

Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones.

Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory.

Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases.  Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.

• Read Lee's article, "The Trump Executions," in the University of Texas Law Review

It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.

Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.

While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.

*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject!

It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to.

For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/

The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06].

You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.

Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!

The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28].

Opinions discussed:

Marietta Memorial Hospital v. Davita [20:23]

• A case about a Medicare statute and end-stage renal disease

US v. Taylor [25:24]

• A habeas with a positive outcome!

Carson v. Makin [43:41]

• In which the Supreme Court embiggens free exercise rights

Shoop v. Twyford [1:00:28]

• If you’re seeking relief, the answer is “no” & the only question is "why"

Berger v. NC State Conference of NAACP [1:01:56]

• Involves a challenge to North Carolina's voter ID law

Becerra v. Empire Health [1:02:52]

• Related to Medicare reimbursement rates, with a really weird 5-4 line-up

Two more things:

1. If you missed our episode "What's next in a post-Roe world," you should definitely go back and listen to get a sense of the fight ahead.
2. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.

Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent.

You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.

Today the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.

The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there.

It's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights.

This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more.

The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news.

Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-argument-by-lady-lawyer case Southwest Airlines v. Saxon [21:07], and the Bivens case, Egbert v. Boule [26:19].

Melissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution.

P.S. Melissa, Kate, and Leah will be on The Problem with Jon Stewart this Thursday, June 9th! Don't miss it.

Investigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez [3:30]. The Supreme Court released an opinion in the case last week, and it's bad. There is a miniscule moment of joy, though, in the recap of the opinion in Morgan v. Sundance, which is about arbitration and also Taco Bell [51:58]. Finally, we do a quick round-up of other court-adjacent news, including the fever dream that is Ginni Thomas's email signature, and theories as to why the Court is being so unusually quiet for this late in the term [59:28].

Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland, a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-related case the Court will hear next term, Jones v. Hendrix [47:23], and then try to bring their blood pressure down by catching up on various statements and speeches Justices Thomas and Alito have given recently [52:01].

Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And Greer Donley is an assistant professor at University of Pittsburgh Law, and one of the three authors of the extremely topical and important article, "The New Abortion Battleground," which is forthcoming in the Columbia Law Review. The paper is written together with Professor David Cohen at Drexel Kline School of Law and Professor Rachel Rebouche, Interim Dean of Temple University Beasley School of Law. The paper analyzes the inter-jurisdictional issues that will emerge if and when the Supreme Court overrules Roe [32:04]. We'll also catch up on some of the additional news and hot takes people have had since the leak happened [57:52].

Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30].

Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe

Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion.

Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe

Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44].

Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism.

Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty.

Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in part­ner­ship with New York University’s John Brademas Center.

Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].

Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning.

Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.

Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53].

Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.

Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh?

Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?

Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship.

Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48).

Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting.

Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.

Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine. 

Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians. 

Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.

Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate.

Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors.

Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8.

The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).

Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting and gun rights, and more contentious political battles, the year ahead will certainly be one for the books.

Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers.

Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients.

Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month.

Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19.

Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer.

Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.

Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things.

To wear

Wool leg warmers from Lunya

Washable silk pajamas from Lunya

True Botanicals

Kari Gran mini kit

The Lady Doth Etsy shop

Taylor Swift merch

To read

My Monticello, by Jocelyn Nicole Johnson

The Silence of the Girls, by Pat Barker

The Women of Troy, by Pat Barker

The 1619 Project

Born on the Water, Nikole Hannah-Jones and Renee Watson

How to be Successful Without Hurting Men’s Feelings, by Sarah Cooper

To eat

This Little Goat

Sugargoat

Levain Bakery cookie assortment

To support women journalists

Dahlia Lithwick - Slate Plus

Alexandra Petri - Washington Post

Rebecca Traister and Irin Carmon - New York Magazine and The Cut

Erinn Haynes and Shefali Luthra - The 19th

To smell

Parks Project-- like this Yosemite Lodgepole Pine Candle 

To spoil your dog

The Farmer’s Dog food

Buck Bones

Stuffing free toys

DIY sock bottle

And of course, to rep your favorite podcast

Strict Scrutiny merch

We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year!

Resources:

• Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life."
• Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez
• Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion"

We rely on listeners to keep the show funded! You can become a Glow supporter for $7/month, or pick up some merch as you do the rest of your holiday shopping. 

Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!)

Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue.

Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours.

Resources:

• "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. New York Times, November 26, 2021.
• "The Judge Who Told the Truth About the Mississippi Abortion Ban," by Reynolds Holding. The Atlantic, November 30, 2021.
• Amicus brief by the Howard University School of Law Human and Civil Rights Clinic

Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks.

It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases.

In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well.

The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate.

Melissa's co-panelists are Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project. Molly Kaplan hosts.

Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more!

Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California.

Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.)

Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment?

Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st.

Kate, Melissa, and Leah preview the whopper first week of the November sitting. They are joined by Joseph Blocher, Professor of Law at Duke Law, to discuss NYSRPA v. Bruen.

Melissa talks with Carol Anderson about her book, The Second: Race and Guns in a Fatally Unequal America. This event originally aired as a program by the Commonwealth Club of California back in July, and we're excited to bring it to Strict Scrutiny listeners ahead of Supreme Court arguments in New York State Rifle & Pistol Association Inc. v. Bruen on November 3rd.

A quick breakdown on what the Court did and didn’t do today (Friday, October 22) in the cases against Texas's S.B. 8, which prohibits abortion 6 week's after the pregnant person's last period.

Kate, Melissa, and Leah recap the last week of the October sitting and some developments in the S.B. 8 litigation.

Melissa, Leah, and Kate recap the first week of the October sitting.

Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech.

Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court’s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court’s upcoming term. 

Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts.

Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Both orders ruled against the Biden administration and were divided along ideological lines. 

Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y’all, they are messing with Texas!

It’s law school advice time, Strict Scrutiny style! Melissa and Leah chat with Mark Moran, graduate of UVA Law and contestant on FBoy Island, for the first ever Strict Scrutiny x FBoy Island Crossover. What can law school teach you about reality TV, and reality TV teach you about law school? A lot, it turns out….

Melissa, Kate, & Leah get together again to discuss the Supreme Court’s decision in the Texas SB8 case, what is happening now in Texas, and what might happen still with the law.

Commander Professor Steve Vladeck joins us for an emergency episode about SB8, the most restrictive abortion law that has been allowed to go into effect since Roe v. Wade.

Kate and Leah talk with Alexandra Brodsky, founding co-director of Know Your IX and author of Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash.

Kate and Leah talk with Jamal Greene about his new book, How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart. 

Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition.

Melissa and Leah are joined by Easha Anand (MacArthur Justice Center) and Kate Levine (Cardozo University School of Law) to recap the big criminal law cases from last term.

In collaboration with The Appellate Project, Leah, Kate, and Melissa talk to Debo Adegbile and Bruce Spiva about voting rights and diversity in the appellate bar.

It’s Supreme Court reform summer! On this episode, Leah talks to Professor Nikolas Bowie about his testimony to the Presidential commission on the Supreme Court and whether we have or should have a democracy.

Melissa interviews Berkeley Law Professor Amanda Tyler about the book she co-wrote with the late Justice Ruth Bader Ginsburg, Justice, Justice, Thou Shalt Pursue. The book includes Justice Ginsburg's favorite opinions she authored, along with stories of her life, family, and career. Professor Tyler shares some of those stories as well as reflections on her working relationship and friendship with the justice. This conversation was originally an event put on by The Beverly Hills Bar Association and Writers Bloc Presents.

It’s here … our term recap! We go over all the roses and thorns from OT2020, or at least as much as we have time for in this jam-packed episode.

For a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.

With SCOTUS finishing in July, Leah recaps the end of the term (end of democracy?) cases, Brnovich and Americans for Prosperity, with law of democracy experts Wilfred Codrington and Rick Hasen.

On June 23rd, we joined the Ninth Judicial Circuit Historical Society, together with the Western District of Washington Federal Bar Association, for a “SCOTUS in FOCUS” event moderated by Cynthia Jones, the program chair of the Society.

Kate and Leah recap the big FRIDAY, FRIDAY at the Supreme Court -- two statutory interpretation cases (Confederated Tribes of the Chehalis Reservation and Hollyfrontier Cheyenne Refining Co), and a major standing case (TransUnion v. Ramirez).

Kate and Leah recap four opinions: Lange v. California; Mahanoy Area School District v. BL; Collins v. Yellen; and Cedar Point Nursery v. Hassid.

Leah and Melissa do a quick dash through Monday’s opinions in Arthrex, NCAA v. Alston, and Goldman v. Arkansas Teacher Retirement Systems and a quick note on Nestle v. Doe before allowing Leah time to work out some feelings on Justice Alito’s dissent in the ACA case.

Kate and Melissa recap two opinions, California v. Texas (the ACA case) and Fulton v. City of Philadelphia (Masterpiece Cakeshop redux). For the latter, Katherine Franke joins with historical context and insights.

Leah, Kate, and Melissa recap an important CVSG, the Court’s opinions (in Gary, Greer, and Terry), and a major Wisconsin Supreme Court case!

Kate, Melissa, and Leah get together to discuss Justice Kagan’s approach to statutory interpretation. We got two opinions this week, Sanchez v. Mayorkas, another unanimous immigration case, and the big ACCA (Armed Career Criminal Act, not Affordable Care Act) opinion we’ve been waiting for-- Borden v. US. They identify an important parallel between Justice Kagan and Taylor Swift and lay out the evidence that the Justices are reading their tweets (and everyone else’s too). Finally, they are joined by three former law clerks to Judge Katzmann (Professors Rachel Bayefsky, Bernie Meyler, and Lindsay Nash) to remember the late judge.

Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice.

Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America. This conversation was originally an event with the Commonwealth Club in April.

Kate, Melissa, and Leah notice the siren song of purposivism in some of the Court’s recent statutory interpretation cases. They also talk about developments on the Court’s death penalty docket before going through one of their binders of women advocates & advocates of color.

Melissa, Kate, and Leah break down the recent cert grants, the oral argument in Terry v. United States, and the opinions in Edwards v. Vannoy, CIC v. IRS, Caniglia v. Strom, & BP v. Baltimore. They then workshop their reviews of Justice Breyer’s forthcoming book before highlighting some exciting Supreme Court-related book reviews.

In March, the NYU School of Law hosted the the Birnbaum Women’s Leadership Network's symposium on Politics, Power, and Women’s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy.

Kate & Melissa host Heather McGhee to discuss her new book, The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together.

Leah and Kate recap the textualist bonanza in Niz-Chavez v. Garland, and the recent arguments in Americans for Prosperity Foundation (during which Justice Alito signaled that he’s a fan of the pod) and Mahanoy School District. They also preview the final case of the term, Terry v. United States.

Kate, Leah, and Melissa go over new opinion, recap the previous week of oral arguments, and preview the next batch of cases to be heard at the Supreme Court.

Kate and Melissa are joined by special guests Juvaria Khan, Matthew Fletcher, and Carmen Iguina Gonzalez to discuss the upcoming April sitting and the work of The Appellate Project.

Leah and Kate are joined by Sen. Sheldon “Whiteboard” Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court’s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra.

“Live” from Yale Law’s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration!

Melissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March sitting.

Melissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more!

Melissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries.

Leah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course.

Leah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court’s docket.

Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.

Kate and Leah do a “snap” episode on the most recent impeachment proceedings.

Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “Digging A Hole,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission. 

Leah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in!

Leah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray.  The film premieres at the Sundance Film Festival this week.

Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “The Power of Attorney” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.

Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment.

In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!

Melissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year.

Leah and Melissa are joined by Alexandra Petri, author of Nothing Is Wrong And Here Is Why, and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal.

Leah and Melissa are joined by the first repeat guest on Strict Scrutiny, Elie Mystal, to discuss his recent column about Democratic leadership on the Senate Judiciary Committee. They also provide some dramatic readings and reenactments of some of the hearings and filings from the (poorly run) coup attempt.

It’s the episode you’ve been waiting for – our breakdown of Justice Alito’s keynote speech at the Federalist Society convention. And as our guest, we have the Senator living rent free in Justice Alito’s head – Senator Sheldon Whitehouse of Rhode Island, who gets his own Strict Scrutiny nickname in this episode!

Send us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading!

Leah and Melissa preview the first week of the December sitting and recap a lot of Supreme Court and Supreme Court adjacent news about turkeys, COVID, and more.

Leah and Melissa and Kate are joined by Meera Deo, Professor of Law at Thomas Jefferson School of Law, William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation, and author of Unequal Profession: Race and Gender in Legal Academia (Stanford U Press 2019).

Leah and Kate are joined by Marin Levy to recap the Affordable Care Act argument and … wonder about the role of lawyers in contributing to the demise of democracy.

Kate and Leah break down the first week of arguments from the November sitting, as well as some developments on the Court’s shadow docket.

Leah, Melissa, and Kate take a virtual road trip to UVA Law to dish on the upcoming November sitting with the hosts of the Common Law podcast, Dean Risa Goluboff and Professor Leslie Kendrick.

Leah, Melissa, and Kate, discuss some recent activity on the Court’s “shadow docket” related to the election. Oh, and the fact that we have a new Supreme Court Justice.

Kate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment.

Leah, Melissa, and Kate discuss some of the highlights of the October sitting, as well as the conclusion of the Barrett confirmation hearings.

Leah and Kate recap the first three days of the confirmation hearings so you don’t have to actually listen to them.

Leah and Melissa recap the first week of the October sitting, as well as all of the beginning of term developments on the Court’s docket, orders list, and so much more.

Leah, Melissa, and Kate bring their A+ Zoom game to NYU School of Law for a live-ish preview of the upcoming SCOTUS term.

Leah, Melissa, and Kate discuss the President’s nominee to replace Justice Ruth Bader Ginsburg, Judge Amy Coney Barrett, and the expedited process underway to confirm her.

Leah, Melissa, Kate are joined by Anne Joseph O’Connell,  Adelbert H. Sweet Professor of Law at Stanford Law School and former clerk to Justice Ruth Bader Ginsburg.

Leah and Melissa interview Renee Knake Jefferson and Hannah Brenner Johnson about their book Shortlisted: Women In The Shadows Of The Supreme Court.

Leah is joined by Liz Reese, a Bigelow Fellow at the University of Chicago Law School, for a deep dive on the Court’s blockbuster Indian law case, McGirt v. Oklahoma, authored by the most interesting man in federal Indian law, Neil Gorsuch.

Leah, Kate, and Melissa are joined by Dale Ho, director of the Voting Rights Project at the ACLU and low-key star of The Fight.

Leah, Kate, and Melissa are joined by Josie Duffy Rice, the President of The Appeal, to discuss the partnership with The Appeal. They also discuss breaking news,  some criminal justice issues on the Court’s docket last term and this upcoming term, before closing with some recent advances on #brorights.

Melissa joins the ACLU's Emerson Sykes for an episode of their podcast, At Liberty. The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving.

Leah is joined by Amir Ali and Devi Rao from the Supreme Court & Appellate Program of the MacArthur Justice Center and Tiffany Wright of Orrick to discuss (the lack of) diversity in the appellate bar and its consequences. They also discuss two new organizations, The Appellate Project and Law Clerks for Diversity, that are trying to increase diversity in the appellate bar.

Leah and Kate are joined by Sherrilyn Ifill, President and Director-Counsel of NAACP LDF. They further break down the “shadow docket” cases from last term, highlight an underappreciated theme of the last term, and identify some things to watch in the next few months.

Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts.

Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.

Leah Melissa, Jaime, and Kate recap the last term -- high points (flushgate), low points (you’ve heard some of these before), and everything in between.  They also discuss the psychology behind how to train our country’s new median #SCOTUS killer whale, John Roberts. Oh, and there are LOTS of announcements and breaking news on this episode too.

Leah is joined by Dr. Pilar Escontrias, one of the founders of United for Diploma Privilege. United for Diploma Privilege is seeking to address the calamity of bar examinations (and admissions) in the midst of the coronavirus pandemic.  Listen, learn, and take action!

*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead!

Leah  and Kate discuss four big Supreme Court cases that came down last week (June Medical with special guest Julie Rikelman, Seila Law, Espinoza, and Alliance for an Open Society). Somehow, in three of those cases, Chief Justice Roberts defied his liberal instincts and voted to join 5-4 opinions with his fellow conservatives. They also discuss some recent news and rumors involving the Court and give Justice Alito a new nickname.

*airhorn* The Supreme Court released the opinion in June Medical Services v. Russo-- this term's big abortion case. Leah, Melissa, and Kate discuss.

Leah, Melissa, and Kate are joined by Anil Kalhan to break down the Supreme Court’s important immigration habeas case, Department of Homeland Security v. Thuraissigiam, as well as some DOJ developments.

Check out our new anniversary merch on our website!

A giveaway to mark our one year podiversary!

A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters!

Leah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision).

Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today!

Melissa and Leah are joined by Elie Mystal, justice correspondent for The Nation, to discuss why the Supreme Court doesn't get the media coverage it deserves.

Leah, Melissa, and Kate offer a quick recap and analysis of the 6-3 opinion in Bostock v. Clayton County that came out this morning, ruling that LGBTQ are afforded workplace protections under Title VII. 

Because constitutional law makes everything more fun, Leah and Melissa decided to spot constitutional law issues in Netflix’s quarantine hit, Joe Exotic.  They are joined by Delci Winders, Assistant Clinical Professor & Director of Animal Rights Clinic, Lewis & Clark Law School, who shares some of the important animal rights and animal welfare issues the show left out. This one goes out to you, Carole Baskin!

Kate and Jaime discuss contributors to injustice--doctrines that encourage (or at least immunize) racial profiling and police misconduct-- with Fred Smith Jr, associate professor at Emory University School of Law.  They also discuss some recent court news and recap a few opinions.

We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter

Kate and Leah recap the other big argument from the May sitting they didn’t get a chance to last time -- the faithless (or is it Hamiltonian? Or defecting? Or mavericky?) electors cases. They also discuss some findings about the Court’s telephonic arguments and the BIG (aka not so big) opinions the Court has recently released.

Leah and Kate break down the major arguments in the presidential immunity and subpoena cases as well as the major (?) social media and supporter updates for the podcast!  They also discuss McGirt v. Oklahoma and the ministerial exemption cases. And enforcing the Voting Rights Act too (of course).

In this jam-packed episode, Jaime and Melissa recap the Supreme Court’s first-ever telephonic arguments, delve into how three men advocated for or against contraceptive coverage for women, preview next week’s high-profile arguments, and recap some recent opinions.  Whoa, it’s exhausting even just typing that.

We'll be hosting a happy hour to thank our glow subscribers!

Kate and Melissa are joined by special guest Emily Bazelon to talk about her New York Times Magazine article, “How Will Trump’s Supreme Court Remake America?” Plus, we've got opinions that offer some hints to what future cases might me on the justices' minds.

In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the ​Wall Street Journal.​

Leah and Jaime are joined by Deeva Shah (from Law Clerks for Workplace Accountability) and Sejal Singh and Emma Janger (from People’s Parity Project) for a discussion about workplace misconduct and the federal courts.

We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET!

This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org

On this special episode, prepared for PODAPALOOZA, Leah, Melissa, Jaime, and Kate discuss some COVID-related Court issues. That includes the Court’s upcoming telephonic arguments; its order in the Wisconsin election case; and some other COVID-related cases that might make their way to the Court soon.

Back in February, when crowds were still a thing, Melissa interviewed Adam Cohen about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America.

Adam examines the conservative tilt of the Supreme Court since the Nixon administration and forward through the last 50 years. The Supreme Court after Justice Earl Warren no longer protected the rights of the poor, the disadvantaged, equally and instead moved forward to deprioritize such issues as school desegregation, voting rights and the protection of workers and instead, prioritize decisions that favored wealthy and corporate interests.

Thanks to the Brennan Center for Justice at NYU School of Law for letting us share this riveting conversation with Strict Scrutiny listeners.

A special opinions episode! The Supreme Court has issued a lot of opinions recently, and we wanted to get you caught up on some of them.

Leah and Jaime recap other arguments from the February sitting that was a lifetime ago!  They cover Sineneng-Smith v. United States, DHS v. Thuraissigiam, and of course a case argued by that guy Paul -- Seila Law v. CFPB.

Just what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be.

Kate and Melissa join forces with Lauren Moxley, creator of The Ginsburg Tapes, for an exploration of the Equal Rights Amendment.

Boston University School of Law put together an amazing live show! Leah, Melissa, and Jaime are joined by two fabulous BU law professors, Sarah Sherman-Stokes and Danielle Citron (MacArthur genius and Strict Scrutiny ninja). The group proclaims victory for gender parity and previews two cases (US v. Sineneng-Smith and Seila v. CFPB) before discussing Danielle's work on deep fakes and taking a question from the wonderful audience. This event was recorded live at WBUR CitySpace in Boston. Thanks to WBUR and BU for the very warm welcome!

Jaime Santos joins John Roberti and Christima Ma from Our Curious Amalgam to talk antitrust and the Supreme Court!

While Kate and Jaime recover from the live show, Leah and Melissa bring some exciting impeachment updates … including the Chief Justice caught on camera in Strict Scrutiny SWAG (?!?). They also recap two of the January arguments, Espinoza v. Montana Department of Revenue and Shular v. United States, and offer some “I told you so” s about the Court’s recent cert grants.

In the very first live show, Strict Scrutiny goes blue at the University of Michigan in Ann Arbor!  The full crew recaps two arguments from the January sitting (Kelly v. United States  and Thole v. US Bank) and notes some uncomfortable interactions inside and outside of One First Street. They also discuss upcoming student conventions for the American Constitution Society and People’s Parity Project after Leah and Melissa explain to Kate and Jaime what GTL means. Thanks to our hosts, the ACS student chapter at the University of Michigan!

Kate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild.

It's a mash-up! Kate Shaw joins Why Is This Happening? with Chris Hayes to talk all things impeachment.

Melissa and Jaime deck the halls with argument recaps, cert grants, and opinions-- plus some speculation about upcoming wardrobe choices for Chief Justice Roberts.

Jaime, Kate, and Melissa break down the DACA argument and speak with Luis Cortes, who worked on the DACA case and is a DACA recipient himself.  They also talk about their favorite Thanksgiving sides and desserts.

Leah and Kate discuss a case that isn’t even a real case involving a real law, as well as the very real and very important Affordable Care Act case on the Court’s December calendar. They also recap some Federalist Society Gala happenings and developments in the cases involving subpoenas for the President’s financial records.

In this special bonus episode, Melissa and Kate are joined by co-editor Reva Siegel to discuss their book "Reproductive Rights & Justice Stories," in a conversation moderated by Rebecca Traister and hosted by the Brennan Center for Justice at NYU School of Law.

Leah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity. 

The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving. Melissa Murray — an expert in family law, constitutional law, and reproductive rights and justice at the New York University School of Law — discusses why the institution looms so large in America's past and present. This episode was recorded live at the Brooklyn Public Library, as part of “‘Til Victory is Won,” an evening commemorating the 400th anniversary of the arrival of the first enslaved Africans to America’s shores.

On this episode, Kate and Melissa talk breaking SCOTUS news; preview three cases from the upcoming November sitting -- DACA, Hernandez v. Mesa, and Comcast; and go deep on amicus invitations and (lack of) diversity in the Supreme Court bar.

Leah and Jaime recap some of the Supreme Court’s October cases, including Ramos v. Louisiana, Mathena v. Malvo, and Aurelius Investment v. Puerto Rico. Then they pretend the Supreme Court had no additional cert grants before leaving listeners with a deep thought … slash question.

On this special Title VII episode, Leah, Jaime, and Kate are joined by a special guest – Jay Austin, Senior Associate Dean of Enrollment and Financial Aid at Rutgers Law School. Together they recap the Title VII arguments (which means a lot of bathroom talk).

On this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)

After a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves.

In our final summer episode, it’s a reproductive rights and justice block party (or wake, depending on your perspective). Leah, Melissa, and Kate discuss the reproductive rights and justice cases that made their way to the Supreme Court, the cases that almost made their way to the Court, and the cases that might make their way to the Court soon. They also point out how many of the Court’s cases have implications for reproductive justice before walking through some recent reproductive justice litigation involving the Supreme Court bar.

In the second summer episode, Leah, Melissa and Jaime keep things light with a discussion of the Court's death penalty docket, the Armed Career Criminal Act cases from this past term, and Justice Kavanaugh's opinion in Flowers v. Mississippi. Kate also joins them to reflect on her time clerking for Justice John Paul Stevens. Last episode was our testing pancake, and this one is B-A-N-A-N-A-S.

In the inaugural episode of Strict Scrutiny, Leah, Melissa, Jaime, and Kate recap two of this term's biggest opinions--partisan gerrymandering and the census. They also walk through a theme of this term (stare decisis) before talking about the podcast's role in Supreme Court legal culture. It's Strict Scrutiny's test pancake, so enjoy the show!

Strict Scrutiny is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–- one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways.

The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.