Om Strict Scrutiny
Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
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 email@example.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.
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.
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