Strict Scrutiny S7 Ep19: Is Sam Alito On His Way Out?

Date: February 16, 2026
Hosts: Melissa Murray, Kate Shaw, Leah Litman

Overview

In this packed, irreverent, and insightful episode, the hosts of Strict Scrutiny dive deep into recent rumors and signals suggesting that Justice Samuel Alito may soon retire from the Supreme Court. They conduct a “lightning round” of possible conservative replacements, analyze rapidly moving developments on the legal front—from dramatic immigration policy changes and activist court rulings to wild scenes in congressional oversight—and slice through the dense tangle of right-wing legal/cultural maneuvers threatening constitutional and social norms. As always, the episode is a blend of rigorous legal analysis and sharp, sometimes punchy, cultural commentary.

Main Theme

• Is Justice Sam Alito about to retire from SCOTUS? The hosts unpack the latest clues, speculate on the implications, and preview the “America’s Next Top Justice” contest, while also connecting the dots to the current political landscape (especially GOP woes leading into the midterms).

• Broader Focus: The episode then pivots to a sweep of news: legal and constitutional resistance to the Trump administration’s immigration crackdowns, judicial pushback on executive overreach, scandal and dysfunction in Congress (with an Epstein/Real Housewives flavor), right-wing legal attacks on climate and diversity, and favorite things in culture and politics.

Key Discussion Points & Insights

1. The Case of the (Possibly) Retiring Justice Alito (04:12)

• Clues Alito might depart:
  • Celebrated 20 years on the Court—a “good milestone on which to retire.” (Melissa Murray, 04:12)
  • Republican prospects in the upcoming midterms look poor. If the Senate flips, confirming a right-wing successor becomes far harder.
  • Alito likely wants a like-minded successor, so timing matters.
  • His new book slated for release during a busy term—odd for a sitting justice who'd want time to promote it. (Melissa Murray, 05:34)
  • A wave of laudatory op-eds signals possible commemoration.
• Speculation: Recent retirements have occurred outside the traditional end-of-term window, citing Breyer’s January announcement.

  “Given that the Senate is unlikely to want to focus on SCOTUS nomination and confirmation hearings during the fall of an election year, it feels like they would want to do it sooner rather than later.” (Kate Shaw, 08:28)

• Notable Quote: “...the right-wing ecosystem [is] kicking into high gear.” (Melissa Murray, 07:24)

2. “America’s Next Top Justice?”—WHO Might Replace Alito (09:10)

A rapid-fire, sarcastic overview of likely and, at times, outlandish contenders:

• Judge Andy Oldham (Fifth Circuit):
  • Known for “thirsty energy” and extreme rulings rebuked by the Supreme Court.
  • “He is exactly the right age...he is also an Alito clerk. So there's some nice symmetry here.” (Melissa, 11:02)
• Judge Jim Ho (Fifth Circuit):
  • “A perennial, pick me, conservative.” Would be first Asian American on SCOTUS, but has some ethics baggage.
  • “Seems like on the older side...better if he was 15.” (Melissa, 12:10)
• Judge Aileen Cannon (S.D. Fla.):
  • Rose to fame for pro-Trump rulings in Mar-a-Lago classified docs case.
  • “This is a patronage administration. And Cannon has displayed the kind of loyalty that would make Roscoe Conkling proud.” (Kate, 13:00)
• Judge Naomi Rao (D.C. Circuit):
  • “Would be less insane than some...but in some ways, her outlandish rulings are harder to swallow because she knows better.” (Kate, 13:46)
• Other dark horses include: Patrick Bumatay, Lawrence VanDyke, Stuart Kyle Duncan, Justin Walker, Emile Beauvais, and...some stretching to Alina Haba and Lindsey Halligan for “Senate-confirmation-hearing-madness.”

3. Immigration Enforcement and the Courts’ Response (20:32)

Operation Metro Surge (ICE in Minnesota)

• Victory: ICE compelled to leave, after strong community organizing.
  • “Ordinary citizens...have driven off a paramilitary force occupying Minneapolis, although they've obviously paid for this in literal blood.” (Melissa, 21:19)
  • Notable moment: US Olympic athlete and lawyer defends constitutional rights in press conference, a dig at judicial apathy (22:02).
• “It is possible to love both sports and the Constitution.” (Kate, 22:02)

Detention Policies & Judicial Pushback

• Admin’s draconian new detention policy: Mandating detention (without bond) for anyone not lawfully admitted—even those here for decades.
• Operation Paris: Legal theory for detaining refugees if they've been here 1+ year without a green card, despite bureaucracy slowing the process.
  • “The upshot...could be that if you are a refugee, you have 365 days of freedom...then you can or will be pursued.” (Kate, 25:00)
• Key court decisions:
  • TROs out of Minnesota (Whipple facility) and D.C.—federal judges siding with immigrants’ due process rights.
  • Notable quotes from judicial opinions cited, e.g.:

    “The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.” (Judge Nancy Brazel, 27:11) “This situation would never have arisen had the government simply afforded plaintiffs their constitutional rights before initially deporting them.” (Judge Boasberg, 29:06)

• The hosts salute the “calm and measured, but extremely forceful” tone of these rulings; judges doing their jobs under fire.

4. Congress—“Epstein Class” and Scandalous Oversight (41:00)

• Congressional oversight wakes up: New Epstein files further expose links between Trump’s inner circle and Epstein; grilling of officials (notably Commerce Secretary Howard Lutnick and AG Pamela Jo Bondi) is both surreal and darkly hilarious.
  • Lutnick’s tortured defense: “We had lunch on the island, that is true…with my four children and nannies.”
  • “We left with all of my children. Amazing. That these things need to be said.” (Kate, 43:44)
• Pam Bondi’s Congressional performances:
  • Described as “The Real Housewives of the White House.”

  “It was fireworks, theatrics, just absolute fuckery on every possible level.” (Melissa, 44:46)

  • Bondi derails into non-sequiturs (“The Dow is over $50,000!”), fails to answer questions on Epstein survivors, and is characterized as unhinged and combative.
  • Rep. Jayapal’s moment: Forces Bondi to face survivors and calls out lack of accountability (50:31-51:54).

5. Congressional Pushback on Immigration and Executive Overreach

• House Democrats “bring the fire” in hearings:
  • Rep. Swalwell hammers ICE Director Lyons on comparing deportations to “Amazon Prime”: (“How many times has Amazon Prime shot a mom three times in the face?...The square root of zero.” 53:27)
  • Rep. Delia Ramirez: “I have no respect for the inheritors of the Klan hood and the slave patrol…So are yours.” (55:07)
• Key Point: Democratic minority finding ways to make oversight matter—even with GOP in control.

6. Right-Wing Power Consolidation—Elections, Climate, and Diversity

• Fulton County, Georgia “trial run”: Trump administration uses evidence-lite warrants to seize old election records, a dry run for possible election hijacking in November (57:07).
• Climate policy: EPA repeals the “endangerment finding,” torpedoing climate regulations and laying groundwork for more rollbacks. “...conspicuous silence on the tens of thousands of deaths and millions of additional asthma cases that experts expect.” (Kate, 62:14)
• Heritage Foundation’s latest battle plan: New “250-year roadmap” wants to roll back contraceptive access, women’s work, social safety nets—part of a larger “trad wives” ideological wave. “They are coming for your birth control...your jobs...your uterus, your ability to wear pants, go to school...” (Melissa & Leah, 71:16–71:25)
• Court battles on diversity: 3rd Circuit blocks even race-neutral policies (focused on zip codes) if their purpose is increased diversity, suggesting post-SFFA environment is even more hostile to any effort at desegregation.

7. Favorite Things & Pop Culture Salvos (76:43)

• Benito Bowl halftime show ("It was incredible," Kate, 76:43)
• David Pressman & Arne Duncan’s op-ed on university responses to Trumpism (77:01)
• Historian Joanne Freeman’s “Field of Blood”
• Wall Street Journal exposé on Kristi Noem and Corey Lewandowski (“A pilot fired over Kristi Noem's missing blanket and the constant chaos inside the DHS.” 83:13)
• Shout-out to North Carolina State Senate Candidate Jessica Bickler—Strict Scrutiny listener, inspired to run!
• New podcasts: “Clock It” by Simone Sanders Townsend & Eugene Daniels; Pablo Torre and Pod Save America chat on Trump, sports, and the “maniverse.”

Notable Quotes & Memorable Moments

• “It does feel like the right-wing ecosystem is kicking into high gear.” — Melissa Murray (07:24)

• “This is a movement for big change and collaboration...that strengthens our democracy, protects public schools, reproductive and LGBTQ rights, and more.” — Sponsor read, Leah Lippman (00:22)

• “It is possible to love both sports and the Constitution.” — Kate Shaw (22:02)

• “All of this is great for literally the Epstein class, and people with retirement accounts, not for ordinary Americans who are literally trying to make it in this economic hellscape...” — Melissa Murray (49:25)

• “The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.” — Judge Nancy Brazel, as cited by Melissa Murray (27:11)

• “...You can actually have it all if the government creates structural opportunities for you!” — Melissa Murray (74:26)

Timestamps for Key Segments

• Alito Retirement Rumors: 04:12 – 09:10
• “America’s Next Top Justice” Lightning Round: 09:10 – 16:35
• Minnesota Immigration Organizing Victories: 20:32 – 24:34
• Detention Policy Judicial Rulings: 24:34 – 31:03
• Congress Wakes Up—Epstein Class Hearings: 41:00 – 56:09
• Election Interference/Trial Run: 57:07 – 59:50
• Climate Deregulation Disaster: 62:14 – 66:16
• Heritage Foundation's “250-Year Roadmap” & War on Sex Equality: 71:02 – 75:46
• Favorite Things & Shoutouts: 76:43 – End

Tone & Language

The hosts maintain their signature blend of academic rigor, biting wit, and pop-cultural irreverence. They openly mock the excesses, distractions, and self-dealing of the Trump administration while grounding their critiques in clear constitutional/legal reasoning. There’s plenty of snark, but the seriousness of the stakes is always clear.

Conclusion

Whether it’s the looming specter of an Alito retirement, the judicial battles over constitutional rights, dark legal maneuverings around elections, or the chaotic soap opera of Trump-era governance, Strict Scrutiny delivers a lively, clear-eyed tour through the legal-political landscape of 2026. Listeners come away informed—with laughs and a sense of both urgency and community in the ongoing fight for the rule of law.

Additional Keywords

SCOTUS, Trump administration, immigration, ICE, DOJ, Ben Aguinaga, Andy Oldham, Eileen Cannon, Naomi Rao, Jim Ho, due process, Alien Enemies Act, whistleblowers, congressional hearings, Pamela Jo Bondi, Epstein, Real Housewives, SFFA, affirmative action, endangerment finding, climate change, Heritage Foundation, Project 2025, diversity, strict scrutiny, lower federal courts, judicial independence, constitutional rights, legal culture, Twitter moments.