Strict Scrutiny

By Leah Litman Melissa Murray Kate Shaw

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Subscribers: 621
Reviews: 4

Ben Janssen
 Jul 5, 2021
The go-to source for the most thoroughly ridiculous SCOTUS analysis on the web.


 May 16, 2020

Steve Abrahamson
 Jul 7, 2019
excellent discussion. want too hear more about Native American case. looking forward to future programs. thank you...


 Jul 1, 2019

Description

A podcast about the Supreme Court and the legal culture that surrounds it. Hosted by Leah Litman, Melissa Murray, and Kate Shaw. Produced by Melody Rowell.

Episode Date
Let's Be Legends
01:11:44

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:

Dec 06, 2021
Fourth Dimension Feminism
01:08:10

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

Dec 02, 2021
Sad Girl Autumn
00:53:54

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.

Nov 29, 2021
At Liberty: This Fall’s Fight Against Forced Pregnancy
00:40:14

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.

Nov 22, 2021
Self-Own Sam
01:12:46

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!

Nov 15, 2021
Have They Heard of Frat Houses?
00:31:28

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.

Nov 11, 2021
Arbitration Rat
01:09:04

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.)

Nov 08, 2021
Foreign in a Domestic Sense
00:28:38

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?

Nov 05, 2021
Some Geniuses
00:52:18

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

Nov 02, 2021
That’s Just Like, Your Opinion, Man
01:09:21

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.

Nov 01, 2021
Fatally Unequal
01:01:09

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.

Oct 25, 2021
Watch This Space
00:14:54

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.

Oct 22, 2021
Per My Last Email
01:08:32

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

Oct 18, 2021
Latte Liberal
01:07:23

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

Oct 11, 2021
Troll World Tour
01:13:05

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

Oct 04, 2021
Hashtag YOLO
00:33:37

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. 

Sep 27, 2021
Sounds Legit
00:46:56

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.

Sep 20, 2021
Meager Sentences
00:53:48

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. 

Sep 13, 2021
Messing with Texas
00:45:21

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!

Sep 11, 2021
Untitled Dating Show
00:43:11

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….

Sep 06, 2021
Flagrantly Unconstitutional
00:45:46

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.

Sep 04, 2021
Message Received
00:39:17

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.

Sep 02, 2021
Sexual Justice
00:55:25

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.

Aug 30, 2021
How Rights Went Wrong
00:54:03

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

Aug 23, 2021
Open Wound
00:46:26

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

Aug 16, 2021
Superminority Status
01:04:13

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.

Aug 09, 2021
Born Tired
00:56:25

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.

Aug 02, 2021
Anti-Democratic Super Weapon
00:50:17

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.

Jul 26, 2021
Justice, Justice Thou Shalt Pursue
00:53:08

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.

Jul 19, 2021
Roses & Thorns
01:23:10

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.

Jul 12, 2021
Textually Challenged
01:25:14

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.

Jul 05, 2021
An Insult to History
01:06:46

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.

Jul 01, 2021
Tired of These Fools
00:56:29

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.

Jun 28, 2021
Comrade Thomas
00:52:23

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).

Jun 25, 2021
Cheerleaders for Democracy
00:59:11

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

Jun 24, 2021
Love and Basketball
00:36:24

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.

Jun 21, 2021
Amuse Bouche
00:41:10

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.

Jun 18, 2021
State Courts Are Where It's At
00:40:12

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

Jun 15, 2021
Presto!
01:02:05

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.

Jun 11, 2021
Fetishistically Textualist
00:48:21

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.

Jun 04, 2021
Death Eaters
01:04:22

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.

May 31, 2021
Siren Songs
00:51:46

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.

May 26, 2021
Hysterical Lady Brains
01:07:07

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.

May 24, 2021
When There Are 535
00:52:24

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.

May 17, 2021
Drained Pool Politics
00:51:53
May 10, 2021
Burn Book on Purposivism
01:14:40

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.

May 03, 2021
Barking Goldfish
00:54:39

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.

Apr 26, 2021
Right for the Wrong Reasons
01:01:01

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.

Apr 19, 2021
Tsunami of Slime
00:53:08

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.

Apr 12, 2021
Sausage Fest
01:06:05

“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!

Apr 05, 2021
Spaceships and Serial Killers
01:11:18

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

Mar 29, 2021
Dear Steve
00:53:24

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!

Mar 22, 2021
Amend: The Fight for America
00:49:00

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.

Mar 15, 2021
Get to the Punchline
00:58:10

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.

Mar 08, 2021
Toddler Logic
00:59:15

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.

Mar 01, 2021
Wilding Out
00:53:38

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.

Feb 22, 2021
Dude Process
00:53:11

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

Feb 15, 2021
Gold Highways
00:53:12

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. 

Feb 08, 2021
Dirty Damages
00:55:00

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!

Feb 01, 2021
My Name Is Pauli Murray
00:53:07

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.

Jan 25, 2021
Rinse & Repeat
01:01:05

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.

Jan 20, 2021
The Meme Lives
01:03:42

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

Jan 11, 2021
No Coup For You
01:19:25

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!

Dec 28, 2020
Our Favorite Things
00:20:36

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

Dec 23, 2020
When Reality Is Surreal
00:43:05

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.

Dec 21, 2020
Normal Scrutiny
01:07:08

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.

Dec 14, 2020
Big Whiteboard Energy
01:07:39

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!

Dec 07, 2020
Call For Filings!
00:00:49

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

Dec 06, 2020
Unfeathered Discretion
01:01:04

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.

Nov 30, 2020
Cute as a Button
01:09:19

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).

Nov 23, 2020
Vice Signaling
01:12:05

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.

Nov 16, 2020
Unlawful Generally
00:57:26

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.

Nov 09, 2020
Yes, Virginia
00:59:30

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.

Nov 02, 2020
Hot Mess
00:37:18

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.

Oct 28, 2020
We The Women
01:08:13

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

Oct 26, 2020
Big Dog Energy
01:00:08

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

Oct 19, 2020
Not A Mystery
00:40:51

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

Oct 15, 2020
The Red Death
01:08:37

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.

Oct 12, 2020
Fire Season
01:04:29

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

Oct 05, 2020
The Women Tell All
00:52:25

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.

Sep 28, 2020
In Memoriam
00:56:27

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.

Sep 21, 2020
I Want More
00:58:22

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

Sep 14, 2020
Courts of the Conqueror
00:51:18

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.

Sep 07, 2020
What Would Chief Justice Roberts Do?
01:00:24

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.

Aug 31, 2020
Join Your Conflagrations
01:00:24

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.

Aug 26, 2020
RERELEASE: Bonus Pod- Melissa Murray on ACLU's "At Liberty"!
00:37:40

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.

Aug 24, 2020
The Civility Alarm
00:51:16

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.

Aug 17, 2020
Magical Moment
00:58:29

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.

Aug 10, 2020
Five-Dimensional Chess
01:04:17

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

Aug 03, 2020
"Three Generations of Imbeciles"
01:00:46

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

Jul 27, 2020
How To Train Your Killer Whale
01:16:29

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.

Jul 20, 2020
Diploma Privilege
00:38:14

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!

Jul 13, 2020
The Bigotry of Low Expectations
00:58:08

Leah, Melissa, and Kate recap the presidential immunity cases and the ministerial exception case. They also do a deep dive into the Chief meting out punishments for hiccups during the May sitting.

Jul 13, 2020
Well Played, Sirs
00:31:08

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

Jul 08, 2020
Trollito
01:12:57

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.

Jul 06, 2020
Save Your Yarn
00:24:30

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

Jun 30, 2020
Thanks For The Footnote
00:57:11

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!

Jun 29, 2020
PODIVERSARY GIVEAWAY
00:02:09

A giveaway to mark our one year podiversary!

Jun 24, 2020
Second Glow HH!
00:01:36

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

Jun 23, 2020
2020 Bingo Card
01:15:02

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).

Jun 22, 2020
Josh Hawley's Tears
00:36:15

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

Jun 19, 2020
Carpool Dad
00:48:27

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.

Jun 18, 2020
Turd In The Punch Bowl
00:20:12

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. 

Jun 15, 2020
Blood-Stained Bunny Costume
00:53:39

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!

Jun 15, 2020
Made Up Immunities
01:06:16

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.

Jun 08, 2020
June First
00:01:25
We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter
Jun 01, 2020
What's The Mouse Going To Do?
00:51:33

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.

May 25, 2020
Earth to Nancy
01:22:34

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).

May 18, 2020
Flushgate
01:15:08

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.

May 11, 2020
Happy Hour!
00:01:20

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

May 05, 2020
Stay Frustrated
01:02:42

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.

May 04, 2020
Pit of Piranhas
00:44:50

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

Apr 30, 2020
Workplace Misconduct And The Federal Courts
01:01:58

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.

Apr 27, 2020
Podapalooza Live Event
00:01:29
We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET!
Apr 24, 2020
Podapalooza Teaser
00:01:20

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

Apr 22, 2020
Stop Trying To Make Democracy Happen
00:52:21

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.

Apr 20, 2020
BONUS: Supreme Inequality with Adam Cohen
00:51:38

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.

Apr 13, 2020
Build A Bridge
01:05:52

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.

Apr 06, 2020
Throwing Elbows
01:14:40

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.

Mar 30, 2020
We See You, Steve
01:01:31

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.

Mar 23, 2020
The Ghost of Phyllis Schlafly
01:18:55

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

Mar 02, 2020
No Jonathans Or Pauls
01:10:02

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!

Feb 24, 2020
BONUS: Jaime Santos on Our Curious Amalgam
00:32:57

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

Feb 17, 2020
Cassandra Moment
01:00:06

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.

Jan 27, 2020
Standing Cheese
01:05:22

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!

Jan 20, 2020
Criminally Petty
01:01:33

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.

Jan 13, 2020
BONUS: Kate Shaw on Why is This Happening? with Chris Hayes
00:50:30

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

Dec 23, 2019
Not Afraid of Garland
01:08:12

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

Dec 16, 2019
Here Come the Generals
01:00:05

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.

Dec 11, 2019
Moot and Rally
01:13:24

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.

Dec 02, 2019
Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center)
01:05:38
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.
Nov 27, 2019
This is Kansas
01:01:21

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. 

Nov 18, 2019
BONUS: Melissa Murray on ACLU's "At Liberty"
00:37:40

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.

Nov 11, 2019
Where My Girls At?
01:13:14

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.

Nov 04, 2019
Repeat Players
01:16:53

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.

Oct 28, 2019
Rick Perry and the German Policeman
01:10:01

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).

Oct 21, 2019
Calm Before the Storm
01:10:47
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!)
Oct 07, 2019
Eat Your Spinach
01:09:47

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.

Sep 30, 2019
Pineapple & Rage
01:23:32

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.

Sep 04, 2019
Leg Day
01:14:41

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.

Jul 22, 2019
Sipping My Tea
01:22:22

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!

Jul 01, 2019
Is This Thing On?
00:02:15

Leah, Melissa, Jaime, and Kate announce the arrival of Strict Scrutiny! And Melody makes the announcement sound good.

Jun 19, 2019