Strict Scrutiny Podcast Episode Summary: "It's Officially Bad Decision Season"
Release Date: June 2, 2025 | Hosts: Leah Litman, Kate Shaw, Melissa Murray | Produced by Crooked Media
1. Introduction and Setting the Stage (00:56 - 06:03)
In this episode, the hosts—Leah Litman, Kate Shaw, and Melissa Murray—welcome listeners to a live show recorded at the Capitol Turnaround in Washington D.C. They emphasize the importance of community and real-life engagement during these tumultuous times. Melissa encourages audience participation, setting an energetic tone for the episode.
2. DEI Update and Allegations Against Judd Stone (06:03 - 17:02)
Content Warning: The hosts begin with a serious discussion on allegations of workplace sexual misconduct within the Republican Party, specifically targeting Judd Stone, a prominent legal figure.
Leah Litman introduces Judd Stone's background, highlighting his roles as Texas Solicitor General, chief counsel to Senator Ted Cruz, and law clerk to Justice Antonin Scalia. The conversation delves into Stone's involvement in defending Texas's restrictive laws, including SB8 and SB14, which targeted abortion access and transgender healthcare.
Notable Quote:
"As Emily just alluded to, and you all know, these are genuinely harrowing times to be living through."
— Kate Shaw [04:13]
The hosts discuss recent lawsuits filed against Stone, revealing disturbing allegations of Stone's inappropriate and offensive behavior in professional settings. The complaint details incidents where Stone allegedly made graphic sexual comments and fostered a hostile work environment, leading to his resignation from the Texas Attorney General's office.
Notable Quote:
"We can, we must fight back. Join Americans United for Separation of Church and State and their growing movement because church state separation protects us all."
— Melissa Murray [00:00] (Despite being part of a sponsorship message, it underscores the episode's theme of battling overreach.)
3. Supreme Court's NEPA Decision and Kavanaugh's Opinion (24:30 - 35:53)
The hosts transition to discussing a recent Supreme Court decision authored by Justice Brett Kavanaugh in 7 County Infrastructure Coalition vs. Eagle County, Colorado. The case centered on the National Environmental Policy Act (NEPA) and the requirement for environmental impact statements.
Leah and Kate criticize Kavanaugh's expansive interpretation of NEPA, arguing that his opinion undermines environmental protections and judicial deference to agencies. They highlight Kavanaugh's dismissive tone towards environmental concerns and his broader implications for infrastructure projects.
Notable Quote:
"NEPA is a procedural cross check, not a substantive roadblock. NEPA does not require the agency to weigh environmental consequences in any particular way."
— Justice Brett Kavanaugh [27:26]
The discussion points out that Kavanaugh's approach allows agencies significant discretion, potentially leading to reduced environmental oversight and increased litigation over infrastructure projects.
4. Fifth Circuit's Book Banning Ruling (36:16 - 38:21)
Leah and Kate examine a controversial decision by the Fifth Circuit Court of Appeals, where Judge Stuart Kyle Duncan ruled against the right to access information in public libraries. The ruling declared that challenging book removals in libraries violates the Free Speech Clause, effectively banning individuals from contesting censorship.
Notable Quote:
"Plaintiffs cannot invoke a right to receive information to challenge a library's removal of books because that would establish a brave new right to receive information from the government in the form of taxpayer-funded library books."
— Judge Stuart Kyle Duncan [37:50]
The hosts express outrage over the decision, noting its departure from established precedents that protect against censorship and uphold the free exchange of ideas in public institutions.
5. Nomination of Emile Beauvais to the Third Circuit (41:12 - 43:29)
Kate Shaw discusses President Trump's nomination of Emile Beauvais to the Third Circuit Court of Appeals. Beauvais, a former Trump DOJ lawyer involved in high-profile cases, is scrutinized for his aggressive legal tactics against non-profits and media organizations.
Notable Quote:
"He is in the middle of one of the most notorious campaigns of retaliation against nonprofits in civil society right now."
— Norm Eisen [65:57]
The nomination is criticized as part of a broader pattern of appointing judges who are perceived as hostile to civil liberties and independent institutions.
6. Recent Supreme Court Cases on Tariffs and Deportations (45:53 - 48:28)
The episode covers two significant Supreme Court decisions:
-
Trump's Taco Tariffs: Both the Court of International Trade and the District Court for D.C. deemed the tariffs illegal. However, the Federal Circuit issued an administrative stay on the Court of International Trade's decision, keeping the matter unresolved at the time of the podcast.
Notable Quote:
"The tariff decisions actually generated an absolutely delicious moment on social media wherein one Donald J. Trump... announced... Leonard Leo is, quote, a bad person and a real sleazebag who in his own way probably hates America."
— Leah Litman [46:28] -
Deporations of Parolees: The Supreme Court paused a lower court ruling that blocked the deportation of roughly 500,000 Cuban, Venezuelan, Nicaraguan, and Haitian nationals who entered the U.S. lawfully. Justice Jackson dissented, highlighting the severe personal consequences of the decision.
Notable Quote:
"Justice Jackson... wrote that the court, quote, undervalues the devastating consequences of allowing the government to precipitously upend the lives and livelihoods..."
— Leah Litman [47:21]
7. Discussion with Guest Ambassador Norm Eisen (51:34 - 65:57)
Ambassador Norm Eisen joins the podcast to discuss the ongoing litigation against the Trump administration. As a key figure in the Democracy Defenders Fund, Eisen outlines the extensive legal battles aimed at counteracting policies and actions deemed damaging to democracy and civil liberties.
Notable Quote:
"There are over 250 cases, over 170 orders stopping wrongdoing. We are involved in over 70 of those matters."
— Norm Eisen [51:49]
Eisen highlights significant cases, including a lawsuit against Elon Musk's involvement with government data mishandling and criminal prosecutions targeting federal judges for their roles in upholding integrity within the judiciary.
Notable Quote:
"We are representing at Democracy Defenders Fund, 140 federal and state judges who... filed a brief defending Judge Dugan."
— Norm Eisen [60:11]
He emphasizes the importance of legal accountability and the role of the judiciary in maintaining democratic principles.
8. Missouri's Abortion Laws and Recent Rulings (69:37 - 84:45)
Emily Amick recounts the battle over abortion rights in Missouri following the 2022 Supreme Court decision in Dobbs vs. Jackson Women's Health Organization, which overturned Roe v. Wade.
Missouri voters successfully passed a ballot measure enshrining abortion access in the state constitution. However, subsequent lawsuits led to a trial judge ruling parts of the state's restrictive abortion laws unconstitutional. The Missouri Supreme Court then sided with the attorney general, overturning the trial judge's injunction and forcing providers to comply with the restrictive laws.
Notable Quote:
"Maybe it's about reversing our ability to access healthcare. And that's what we're seeing the Supreme Court do."
— Emily Amick [75:08]
The hosts critique the Missouri Supreme Court's decision as undermining voter-approved protections and reflect on the broader implications for democracy and reproductive rights.
9. "Who Said It?" Game: Alito vs. Atwood (77:36 - 91:06)
In a lighter segment, the hosts engage in a game where they present quotes and ask whether they were said by Supreme Court Justice Samuel Alito or Margaret Atwood from The Handmaid's Tale. While intended for engagement, the game underscores the contrasting perspectives between legal authorities and dystopian literature.
Notable Quote:
"The champions of religious liberty, who go out as wise as serpents and as harmless as doves, can expect to find hearts that are open to their message."
— Samuel Alito [81:32]
Despite the grim topics discussed throughout the episode, this segment adds a moment of levity and showcases the hosts' dynamic interactions.
10. Closing Thoughts and Favorite Things (91:06 - 97:02)
The episode concludes with the hosts sharing their personal favorites from the week, including book recommendations, media pieces, and cultural observations. They emphasize the importance of staying informed, engaged, and supportive of progressive media outlets.
Overall Themes:
- Judicial Overreach and Misconduct: Scrutiny of Supreme Court decisions and lower court rulings that undermine environmental protections, free speech, and reproductive rights.
- Political Appointments: Critique of judicial nominations that may exacerbate systemic issues within the legal framework.
- Democracy Under Threat: Highlighting attempts to roll back democratic principles through litigation and legislative actions.
- Accountability and Legal Resistance: Featuring efforts by legal professionals and organizations to counteract harmful policies and protect civil liberties.
Notable Quotes with Timestamps:
-
"NEPA is a procedural cross check, not a substantive roadblock."
— Justice Brett Kavanaugh [27:26] -
"Plaintiffs cannot invoke a right to receive information to challenge a library's removal of books..."
— Judge Stuart Kyle Duncan [37:50] -
"There are over 250 cases, over 170 orders stopping wrongdoing. We are involved in over 70 of those matters."
— Norm Eisen [51:49]
This episode of "Strict Scrutiny" provides a comprehensive and critical analysis of recent legal decisions impacting environmental policy, reproductive rights, and judicial integrity. Through in-depth discussions and expert guest insights, the hosts underscore the pressing need to defend democratic values and resist overreaches within the United States legal system.