Podcast
Strict Scrutiny
Hosted by Strict Scrutiny · EN
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.
109episodes
Episodes
Newest firstAll episodes
Trump's Heartbreaking Work of Staggering Grift
Yesterday01:34:47Summary readyKate, Melissa, and Leah try to wrap their heads around Trump’s nearly $2 billion DOJ slush fund, which they agree may be—despite extremely stiff competition—the biggest act of trolling and self-dealing of his second term. The professors count the ways this is so, so illegal, and speculate on how it can be challenged (looking at you, Congress). They also cover other legal news and some SCOTUS opinions before speaking with Dorothy Roberts about her book, The Mixed Marriage Project: A Memoir of Love, Race, and Family. Enter Leah’s merch giveaway for the paperback edition of Lawless here!Favorite things: Kate: Nikolas Bowie’s testimony before the House Judiciary Committee Leah: It’s Not That Deep, Demi Lovato Melissa: Kin, Tayari Jones Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsBuy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummaryHow SCOTUS is Waging Electoral Warfare
1w ago01:44:06Summary readyKate and Leah break down the Supreme Court’s extension of a stay allowing for continued mail-order access to mifepristone, from the Court’s unconscionable failure to meet its own arbitrary deadline to the unhinged dissents from Justices Thomas and Alito. They also cover last week’s other legal news before speaking with Ari Berman, national voting rights correspondent for Mother Jones, about the devastating fallout from the Court’s ruling in the Voting Rights Act case, Louisiana v. Callais. Finally, Melissa speaks with Kenji Yoshino and David Glasgow about their book, How Equality Wins: A New Vision for an Inclusive America.Favorite things: Kate: Kavanaugh Hegseth Patel Bar Cold Open (SNL); The Shadow Docket (Last Week Tonight with John Oliver); This Is Getting Dangerous, Jamelle Bouie (NYT); Lawyering Without Law (The Knight First Amendment Institute); Give Us the Ballot: The Modern Struggle for Voting Rights in America, Ari Berman Leah: Rock Music (Charli xcx); Sam Alito’s typos Ari: Blame John Roberts for Destroying the Voting Rights Act (Mother Jones); Race and Reunion: The Civil War in American Memory and Frederick Douglass: Prophet of Freedom, David Blight; Reconstruction: America's Unfinished Revolution, 1863-1877, Eric Foner Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsBuy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummaryThe Constitution (Melissa's Version)
2w ago01:42:37Summary readyKate & Leah talk to Melissa about her new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, or, as we like to call it at Strict HQ, The Constitution (Melissa’s Version). Then all three unravel what happened with the Virginia Supreme Court invalidating voter-approved redistricting maps, along with other voting-related shenanigans in the wake of Callais. Finally, they talk with Nancy Northup, president and CEO of the Center for Reproductive Rights, about why and how anti-abortion forces are once again targeting mifepristone.Favorite things: Kate: Yesteryear by Caro Claire Burke; NYC Mayor Mamdani skipping the Met Gala to hang out with fashion industry workers; Chris Hayes’ interview with Molly Crabapple on Why Is This Happening?; the Artemis II crew answering kids’ questions on The Daily Leah: Middle of Nowhere, Kacey Musgraves; Dancing on the Wall, MUNA; “Who Will Stand Up to the Supreme Court Justices?” By Niko Bowie and Daphna Renan; “John Roberts Believes in an America That Doesn’t Exist,” by Jamelle Bouie Melissa: Amy Sherald’s Met Gala look Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsBuy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummarySupreme Court Declares Racism Over
3w ago01:31:38Summary readyThe 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. Favorite things: Kate: The Loneliness of Sonia and Sunny, Kiran Desai; Transcription, Ben Lerner Leah: Ariana Grande’s new album announcement; Noah Kahan on tour; SCOTUS Drops The Other Shoe on the Voting Rights Act, Sherrilyn Ifill (Sherrilyn’s Newsletter); The Slaying of the Voting Rights Act by the Coward Samuel Alito, Rick Hasen (Slate); The Supreme Court is Corrupt. This is What We Can Do About It, Jamelle Bouie Melissa: Yesteryear, Caro Claire Burke; Voters Can Be Disenfranchised Now, Adam Serwer (The Atlantic); Legal Defense Fund Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsOrder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummaryBREAKING: SCOTUS Deals Another Blow to Multiracial Democracy
4w ago00:40:36Summary readyKate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummaryHow Low Can the DOJ Go?
4w ago01:36:42Summary readyFrom the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System.Favorite things: Kate: Sexistential, Robyn; USAID Whistleblower Says It Was Even Worse Than People Knew, Vittoria Elliott (Wired); Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; Enrich’s interview on Pod Save the World; Melissa on the Work Friends podcast Leah: The Great Divide, Noah Kahan; Kahan’s Tiny Desk Concert; It Is Time for Ruthless Aggression, Jonathan V. Last (The Bulwark); The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing, Brian Beutler (Off Message); Sanewashing the Emergency Docket, Steve Vladeck (One First); The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche, Chris Geidner (Law Dork); LEGO Kash Patel videos Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummarySCOTUS Squabbles Go Public
Apr 2001:37:39Summary readyMelissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau.Favorite things: Leah: RFK Jr. and the raccoon penis; Her talk with Steve Vladeck in DC on her upcoming paper, The Passive Vices, on Monday, April 20 at 12:45pm - RSVP here. Melissa: Lady Tremaine, Rachel Hochhauser; Lily Allen’s West End Girl tour; Rumours, Fleetwood Mac Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummaryWar Crimes, Christian Nationalism, and the 25th Amendment
Apr 1301:18:06Summary readyEven though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways.Favorite things: Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie Katie: her dog Lucky Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at http://crooked.com/eventsVote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and BlueskyJoin the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/
SummaryBirthright Citizenship + Bye-Bye, Pamela Jo Bondi
Apr 601:25:43Summary readyLast week saw oral arguments in the birthright citizenship case, Trump v. Barbara, and listeners, it finally happened: a legal argument so outlandish from the Trump administration that even this Court will have to rule against him. Leah and Melissa break down the back-and-forth and explain why this case will give SCOTUS credibility it doesn’t deserve. They also cover the President’s firing of the blonde with the binders, Pamela Jo Bondi–pouring one out for her chaotic, destructive reign at the Department of Justice.Favorite things: Leah: The Birthright Con, Jamelle Bouie (NYT); WNBA Players Had an Ace Up Their Sleeve in Pay Negotiations: A Nobel Laureate, Rachel Bachman & Justin Lahart (WSJ) Melissa: Parents as Regulators by Caitlin Millat, forthcoming in UCLA L. Rev.; Harlem Rhapsody, Victoria Christopher Murray; My Boo Buddies; Artemis II Vote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SummarySCOTUS Not Cool With Colorado Ban on Conversion Therapy
Mar 3100:32:39Summary readyToday the Supreme Court issued its opinion in Chiles v. Salazer, the case involving a Colorado ban on conversion therapy. Leah is joined by Shannon Minter, Legal Director at the National Center for LGBTQ Rights, to break it down.Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Summary