Strict Scrutiny: Something Wicked This Way Comes—a SCOTUS Term Preview

Podcast: Strict Scrutiny by Crooked Media
Episode Date: October 6, 2025
Hosts: Leah Litman, Melissa Murray, Kate Shaw
Special Guest: Lt. Governor Juliana Stratton (Illinois; U.S. Senate Candidate)
Summary of Content: In this live episode from Chicago, the hosts preview the upcoming Supreme Court term, offer sharp, humorous, and deeply insightful commentary on key themes and cases, and discuss the federal government’s ongoing attacks on civil liberties and constitutional norms. The episode features in-depth analysis, a special guest interview with Lt. Gov. Juliana Stratton, and a SCOTUS pop-culture game in honor of John Roberts’ 20 years as Chief Justice.

Main Theme & Purpose

The episode serves as a big-picture preview of the Supreme Court’s 2025-26 term against the backdrop of an increasingly authoritarian federal government, a Supreme Court supermajority amassing power and undermining precedent, and live updates from the heart of the legal and political battleground—Chicago. The hosts stress that many momentous decisions are made on the “shadow docket” and that the traditional term preview understates the breadth and gravity of the Court’s current impact. The tone is irreverent, urgent, and mobilizing.

Key Discussion Points & Insights

1. Eating Out of the SCOTUS Trash: Debrief of the Shadow Docket (04:09)

• Leah, Melissa, and Kate revisit troubling “shadow docket” decisions released during the summer, including:
  • The court allowing racial profiling by federal agents (05:13).
  • Permitting withholding of $4 billion in foreign aid, suspending the separation of powers (05:41).
  • Blessing the administration’s efforts to dismantle the Department of Education and fire key federal regulators (05:56).
• Notable Quote:
  “So, with that in mind, and in the spirit of a Brett Kavanaugh listicle, I am going to tick through some of the bullet points of this summer…” —Melissa Murray (05:38)
• Discussion of an upcoming case possibly allowing Trump to fully politicize the Federal Reserve Board by firing Federal Reserve Governor Lisa Cook (06:20).

2. The Supreme Court's Shadow Docket: Beyond the Merits (14:13)

• Explainer: Many impactful cases are decided through non-traditional, expedited processes, making the typical “term preview” incomplete.
• The shadow docket is described as “possibly the most important part of the Court’s docket right now” (Melissa Murray, 14:42).
• The docket is increasingly a vehicle for aggression against minority rights, the administrative state, and checks on executive power.

3. Major Cases to Watch in 2025–26 (15:50)

• Birthright Citizenship: Potential for the Court to decide whether the 14th Amendment’s grant of birthright citizenship can be rescinded (15:16).
• Presidential Power: Cases involving Trump’s authority to fire federal regulatory officials, including members of the Federal Trade Commission and the Federal Reserve (15:00).
• Voting Rights Act: In Louisiana v. Kelly, the Court will consider whether it’s unconstitutional to use race as a remedy for voting discrimination under the VRA’s Section 2 (17:11).
  • Brett Kavanaugh’s Theory: The VRA was okay for a “limited period,” but “time’s up” (18:57).
• Transgender Rights & Title IX: Consolidated cases (Little v. Hecox, West Virginia v. BPJ) that may allow or require discrimination against trans athletes/separate gender identity (21:55).
• Conversion Therapy Bans: Childs v. Salazar challenges Colorado’s ban on conversion therapy for minors. The Court may use First Amendment theory to side with “Christian therapists” (23:07).
• Second Amendment: Wolford v. Lopez (24:16), challenging presumptive concealed carry bans on private property.
• Campaign Finance: National Republican Senatorial Committee challenges coordination limits between political parties and candidates (28:08).

4. Emergent Legal Themes (16:20–24:46)

• Expiration Date for Civil Rights: Conservative justices, while claiming “originalism,” seem poised to cast aside the 14th and 15th Amendments’ protections, particularly concerning racial equity and voting rights.
  • “Instead of living Constitutionalism, it’s dying Constitutionalism.” —Melissa Murray (21:05)
• Weaponizing the First Amendment:
  • Anticipation that religious free speech will be used to undermine public health and equality protections (26:14).

5. Court Culture & Stare Decisis (35:10–41:03)

• Clarence Thomas Watch: Thomas critiques precedent, saying, “If it’s totally stupid, you don’t go along with it” (37:38).
• Host Commentary: “They are going to go full on jarcassy on the entire legal canon... making arguments that people were unwilling to make because they either had a sense of shame or an intellect that exceeded Brett Kavanaugh’s.” —Leah Litman (39:54)
• Kaganism: Justice Kagan calls out the Court’s sudden willingness to overturn what were (until recently) uncontested legal norms (40:20).

6. Federal Overreach, ICE Raids, and Chicago as a Battleground (50:08–54:55)

• ICE & Immigration Enforcement:
  • Detailed, chilling account of racial profiling and abusive ICE raids recently in Chicago, including “Kavanaugh stops” (53:07), coined by Prof. Anil Kahan.
  • Reports of residents—U.S. citizens—being detained, children removed from their parents, and Blackhawk helicopters used in residential neighborhoods (53:07–54:55).
  • Notable Narrative: “He was left tied up outside the building for almost three hours … Another resident said she saw kids dragged out of the building without clothes on and into U-Haul vans…” —Kate Shaw (52:19)

Special Guest Interview: Lt. Governor Juliana Stratton (54:55–73:36)

Key Topics:

• State Resistance to Authoritarian Federal Action:
  • Stratton contrasts Illinois’ proactive defense of abortion rights and LGBTQ rights (61:00), emphasizing state action and legislative preemption.
• Federalized National Guard Threats:
  • Stratton recounts the administration threatening to federalize the Guard unless Illinois complies with deployment orders; she and Gov. Pritzker say, “Hell, no” (58:55).
  • “This is about a president, a wannabe dictator, who sees American people, fellow Americans, as the enemy and wants to normalize the presence of military troops on American soil.” —Juliana Stratton (59:10)
• What Should the Opposition Party Do?
  • “Americans don't want to see Democrats confirming judges that have no business sitting on the bench... It’s to push our party to be courageous in this moment. That's what we need.” (63:34)
• SCOTUS Ratings:
  • “We have a Supreme Court right now that is rubber stamping this president’s authoritarian agenda. And quite frankly, it is dangerous.” —Stratton (65:46)
• Litigation as Resistance:
  • “We are filing cases … and we are winning. …When we resist, when we fight back, …we see [Trump] start to change course.” (67:57)
• Note of Hope:
  • Stratton is inspired by continued public protest: “Every time I walk into a space and someone is still there … I get filled back up. …My dad, who marched from Selma to Montgomery in 1965, used to say… ‘I would stand up and be counted.’” (71:34)

Game Segment: “Two Truths and a Lie—John Roberts Edition” (76:03)

Hilarious and revealing facts and not-facts about Chief Justice Roberts, with participation from the audience. Insights include:

• Roberts’ nicknames, educational trivia, and conduct as Chief Justice.

Memorable Quotes & Moments (with Timestamps)

• “New Year, same BS.” —Leah Litman (06:20)
• “[The justices] have one set of rules for right wingers, reactionaries, and the mega rich, and another set for everyone else.” —Leah Litman (27:31)
• “Instead of living Constitutionalism, it’s dying Constitutionalism.” —Melissa Murray (21:05)
• “We have a Supreme Court right now that is rubber-stamping this president’s authoritarian agenda. And quite frankly, it is dangerous.” —Lt. Gov. Juliana Stratton (65:46)
• “If it’s totally stupid, you don’t go along with it.” —Clarence Thomas, quoted by Leah Litman (37:38)
• “We might need a factory reset.” —Melissa Murray (10:37)
• “No more politically correct and overbearing rules of engagement.” —President and Secretary Hegseth, played before the Stratton interview (57:30)
• “He said that I would stand up and be counted. And that is the moment we are all in right now.” —Juliana Stratton on her father’s civil rights activism (72:08)

Timestamps for Key Segments

• [03:33] Start of SCOTUS term—reflections and fatigue
• [04:09] Review of recent shadow docket atrocities
• [13:26] John Roberts game segment intro and milestone reflections
• [14:13] The limitations of a term preview; rise of the shadow docket
• [15:50] Major cases (birthright citizenship, FTC, Federal Reserve cases)
• [17:11] Deep dive: Voting Rights Act and racial remedies
• [21:55] Trans lit, Equal Protection, and Title IX
• [23:07] Conversion therapy ban challenge (First Amendment)
• [24:16] Big new Second Amendment case
• [32:03] Theme: Will the Court “peek behind the curtain” of government pretext?
• [35:10] Clarence Thomas on precedent; stare decisis for suckers
• [40:20] Kagan oral argument moment; the death of unchallenged legal norms
• [50:08] Chicago immigration and ICE crisis, “Kavanaugh stops”
• [54:55] Interview: Lt. Governor Juliana Stratton
• [76:03] Game: Two Truths and a Lie—John Roberts Edition

Overall Tone & Language

Smart, funny, irreverent, and deeply engaged with both legal argument and activist energy. Hosts don’t shy away from explicit language, sharp critique, or personal insight. Occasional pop culture asides (Taylor Swift, etc.).

Final Section: Favorite Things & Uplift (87:31+)

• Book, music, and media recommendations—including Leah’s nuanced take on Taylor Swift’s new album, Kate’s reflections on journalism in Chicago, and Melissa’s recommendation for the off-Broadway play “Mexico.”
• Shoutouts to activists, friends, and family in the audience.
• Closing notes of hope and continued resistance: standing up, being counted, and passing on the activist baton.

In Summary

This episode provides a rich, no-holds-barred analysis of what’s at stake as the Supreme Court term opens: the rollback of civil rights, unchecked presidential power, and the rapid erosion of legal precedent—all in “real time.” The mix of legal breakdowns, humor, historic context, and on-the-ground reporting is essential listening for anyone trying to understand the stakes for our democracy and how to organize, resist, and hope in the face of adversity.

For Listeners

If you haven’t tuned in, this episode captures the spirit, urgency, and depth of Strict Scrutiny at its best—illuminating, fortifying, and activating for law nerds, democracy defenders, and anyone anxious about the state of constitutional rights in 2025.