Strict Scrutiny Podcast Summary: "Steel Yourself for a New SCOTUS Term"
Release Date: September 30, 2024
Hosts: Leah Litman, Kate Shaw, Melissa Murray
Produced by Crooked Media
Introduction
In the episode titled "Steel Yourself for a New SCOTUS Term," hosts Leah Litman, Kate Shaw, and Melissa Murray delve into the anticipated themes and significant cases poised to shape the upcoming Supreme Court term. The discussion navigates through pivotal legal battles, court dynamics, and the broader implications for American democracy.
Main Cases and Themes
1. EMTALA and Reproductive Rights
The episode kicks off with an analysis of the recent EMTALA case, Moyle v. United States, focusing on emergency abortion access in Idaho. Joan Biskupic's reporting reveals that six Republican justices initially supported maintaining access but later reversed their stance upon recognizing the dire consequences for pregnant individuals in Idaho. Melissa Murray poignantly reflects:
Melissa Murray [04:20]: "I think orange is definitely going to be the new black for us in a new Trump administration."
The hosts express concern over a similar EMTALA challenge emerging in Texas, anticipating the Court's cautious approach influenced by the upcoming election cycle.
2. Trump Immunity and Court Dynamics
The discussion shifts to cases involving former President Donald Trump, specifically challenges to his immunity in the context of January 6th election interference. Kate Shaw highlights internal Court debates:
Kate Shaw [09:00]: "Justice Thomas wanted to defer hearing the immunity case until the October term 2024."
Melissa Murray critiques Chief Justice Roberts' handling of Justice Alito’s involvement in the Fisher case, suggesting a veneer of legitimacy that masks underlying partisan maneuvering:
Melissa Murray [14:38]: "Letting someone who seems insurrectionist adjacent... Just Contemplating that is ghastly."
3. Voting Rights and Election Laws
With the presidential election underway, the hosts examine multiple legal challenges targeting state and local election policies. Notably, Arizona's stringent voter registration requirements and Mississippi's post-election day ballot acceptance laws are under scrutiny. Kate Shaw emphasizes the Court's historical hostility towards voting rights:
Kate Shaw [26:57]: "It is a truly chilling prospect."
Melissa Murray warns listeners about the pervasive impact of these challenges on voter participation and election integrity, urging proactive voting strategies to ensure a "litigation proof victory."
4. Gender Affirming Care and Equal Protection
A significant focus is placed on the case challenging Tennessee's ban on gender-affirming care for minors. Leah Litman discusses the legal nuances surrounding equal protection claims:
Leah Litman [47:55]: "This is a sex classification... it's a scary case for this court."
Melissa Murray underscores the potential erosion of equal protection protections, lamenting the absence of Justice Ginsburg's advocacy in this domain.
5. Gun Regulation and Ghost Guns
The episode addresses the ongoing battle over ghost gun regulations. Hosts analyze the Supreme Court's stance on the ATF's regulations requiring ghost guns to adhere to standard vetting procedures. Melissa Murray draws parallels to last term's Cargill case:
Melissa Murray [50:34]: "It's like the Cargill case from last term... it's very scary."
They express concern over the Court's willingness to potentially undermine effective gun regulations, highlighting the public safety implications.
6. Administrative State and Environmental Regulation
The podcast explores the Court's continued efforts to dismantle the administrative state, particularly targeting environmental regulations. Cases like City and County of San Francisco v. EPA and Seven County Infrastructure Coalition v. Eagle County exemplify challenges to agencies' authority under the Clean Water Act and the National Environmental Policy Act (NEPA). Leah Litman notes:
Leah Litman [53:55]: "The Court continues to stay consistent on its effort to completely dismantle the administrative state."
7. Death Penalty Cases and Wrongful Executions
The hosts discuss harrowing death penalty cases such as Glossop v. Oklahoma and Marcellus Williams. Melissa Murray details the tragic outcome of Williams’ execution despite acknowledged prosecutorial misconduct:
Melissa Murray [58:00]: "The facts are beyond tragic... the state executed Mr. Williams on September 24th."
Kate Shaw criticizes the Court's refusal to grant a stay, highlighting systemic issues within the justice system.
Court Culture and Ethics
A critical segment addresses ethical concerns within the judiciary. The hosts highlight Justice Kagan's advocacy for an enforcement mechanism for the Court's ethics code, facing backlash from conservative activists. Kate Shaw references:
Kate Shaw [60:44]: "She wasn't going to say more about it, but that being somewhat treasonous was a little bit like being somewhat pregnant."
Melissa Murray underscores the erosion of transparency, mentioning amendments to the U.S. Judicial Conference's financial disclosure policies that obscure judges' personal engagements:
Melissa Murray [62:49]: "It's really surprising... the return of privacy right here."
Election Impact and Strategies
The episode underscores the intersection of judicial decisions and electoral outcomes. The hosts advocate for strategic voting to counteract potential Court-driven election interference. Melissa Murray encourages listeners:
Melissa Murray [36:04]: "Do not get dissuaded. You have to overwhelm the system."
Kate Shaw reiterates the importance of early voting and ensuring voter eligibility amidst ongoing legal challenges.
Tragic Outcomes from Abortion Bans
Melissa Murray shares a somber account of Amber Thurman's death due to delayed abortion access in Georgia, illustrating the real-life consequences of restrictive abortion laws:
Amber Thurman's Mother [69:17]: "Women around the world... need to know that this was preventable."
This personal tragedy underscores the urgency and human cost of ongoing legal battles over reproductive rights.
Conclusion
As the six-season mark begins, "Strict Scrutiny" positions itself as a critical commentator on the Supreme Court's evolving role in America's legal and cultural landscape. The hosts blend legal analysis with impassioned advocacy, urging listeners to remain vigilant and engaged amidst the Court's far-reaching decisions.
Notable Quotes
- Melissa Murray [02:13]: "This adds a little, I don't know, air of danger to our new season."
- Kate Shaw [09:56]: "They basically told us that the Republican justices were in the bag for Donald Trump."
- Amber Thurman's Mother [69:17]: "Women around the world... need to know that this was preventable."
Final Thoughts
"Steel Yourself for a New SCOTUS Term" serves as both a primer and a cautionary tale about the directions the Supreme Court may take. The hosts provide a comprehensive overview of critical issues, blending legal insight with emotional narratives to highlight the profound impact of judicial decisions on everyday lives.
Listeners are encouraged to stay informed, participate in the democratic process, and advocate for justice and equality as the Court embarks on another consequential term.