Strict Scrutiny Podcast Episode Summary: "What’s the Future of Planned Parenthood?"
Release Date: April 7, 2025
Hosts: Leah Litman, Kate Shaw, and Melissa Murray
Podcast: Strict Scrutiny by Crooked Media
Introduction and Special Segment
The episode begins with Leah Littman welcoming listeners to "Strict Scrutiny," the podcast dedicated to dissecting the United States Supreme Court and the surrounding legal culture. Notably, Melissa Murray is absent this week as she serves as the Hess Scholar in Residence at Brooklyn College. To honor her, the hosts feature a commendatory excerpt from Professor Corey Robin's Hess Memorial Lecture, praising Melissa's scholarly contributions:
David Gura (04:12): "For Murray, there's only one audience. It doesn't matter if it's in law school, on television, in the New York Times, or Brooklyn College. Murray speaks to us, all of us as intelligent readers, students and citizens."
Melissa adds a personal touch, sharing her excitement about the lecture's availability on YouTube and expressing gratitude towards the Brooklyn College team.
Wisconsin Judicial Election: A Triumph of Democracy
Kate Shaw leads the discussion with an optimistic update from Wisconsin:
Kate Shaw (04:53): "With Kate back, we are leading with optimism... We will recap recent opinions and arguments including in the major religion case or a major religion case the court heard and the case about the future of Planned Parenthood."
The spotlight is on the recent Wisconsin Supreme Court election where Judge Susan Crawford secured a landslide victory against conservative Brad Schimmel, significantly outpacing the efforts of high-profile backer Elon Musk, who invested an unprecedented $25 million in the race. Despite Musk's attempts to manipulate the election through "sketchy and unlawful schemes," Crawford won by eight points in a state known for its electoral tight races.
Melissa Murray (07:23): "Crawford beat Schimmel and Musk by eight points... it is just a huge testament to the people in Wisconsin and from all over who rolled up their sleeves and did the work."
Justice Rebecca Bradley, a conservative appointee, expressed disappointment over Crawford’s win and criticized the campaign tactics:
Rebecca Bradley (08:34): "I think it's going to result in terrible consequences for the state of Wisconsin. I also think the way Judge Crawford ran her race was disgusting."
The hosts emphasize the significance of this victory as a beacon of hope amidst widespread concerns over democratic institutions, highlighting the power of grassroots mobilization against corrupt influences.
Cory Booker's Historic Senate Speech and House Procedural Drama
The conversation shifts to recent activities within Article I of the Constitution, focusing on legislative actions and political strategies.
Melissa Murray highlights Senator Cory Booker’s marathon 25-hour speech on the Senate floor, surpassing Strom Thurmond’s long-standing record. Booker aimed to draw attention to the Trump administration's overreach, demonstrating unwavering commitment to defending democratic values:
Cory Booker (13:01): "I rise with the intention of getting in some good trouble... the threats to American people and American democracy are grave and urgent."
Kate Shaw (14:50): "I just found that very powerful... he was willing to put something on the line, make himself uncomfortable and take a stand."
Melissa Murray adds that Booker's unconventional approach was a necessary tactic to capture public attention and galvanize support for democratic initiatives:
Melissa Murray (15:05): "... you have to try. And maybe some people who are initially skeptical will kind of come around."
Following Booker's speech, the hosts discuss Speaker Mike Johnson's unsuccessful attempt to block a procedural rule change in the House that would allow new parents to vote by proxy during their first twelve weeks postpartum. Johnson's aggressive maneuver to shut down the vote in response to bipartisan support led to intra-party tensions and the suspension of the week’s legislative agenda.
Kate Shaw (17:31): "Men are too emotional to lead."
Melissa Murray (17:34): "He got really worked up and... decided to essentially bring the entire body to a halt."
The episode underscores the resilience and potential for positive change within legislative bodies, despite setbacks and internal conflicts.
Supreme Court and Planned Parenthood: Legal Battles Ahead
Turning to Article III, the hosts delve into significant Supreme Court developments, particularly cases affecting Planned Parenthood and its Medicaid funding.
Kate Shaw introduces two pivotal cases:
- Catholic Charities Bureau vs. Wisconsin Labor Commission
- Medina vs. Planned Parenthood South Atlantic
In the first case, the Wisconsin Supreme Court upheld an exemption in the state unemployment insurance program for religious organizations strictly conducting religious activities, rejecting Catholic Charities Bureau’s claim that providing secular services like feeding the poor should also qualify for exemption. Justice Kagan expressed concern over the unequal treatment of religions based on their doctrinal practices:
Justice Kagan (55:52): "Why are we treating some religions better than others based on that element of religious doctrine?"
The second, more critical case involves South Carolina's attempt to exclude Planned Parenthood from Medicaid reimbursement, potentially violating federal mandates that require states to allow Medicaid funds to cover services from any qualified provider. The Supreme Court's upcoming decision on whether patients and providers can sue for such exclusions is highly anticipated, with significant implications for reproductive healthcare access nationwide.
Kate Shaw (64:28): "This could set a dangerous precedent for other states."
The hosts analyze the arguments presented, emphasizing the broader impact on civil rights and the potential erosion of healthcare accessibility.
Positive Developments and Community Highlights
Despite the heavy legal discussions, the episode concludes on an optimistic note, celebrating achievements within the community:
- Producer Melody Rao received nominations for two Webby Awards for her work on the podcast series "Less Radical," focusing on Dr. Bernie Fisher’s contributions to cancer treatment. The hosts encourage listeners to support and vote for her nominations.
Melissa Murray (83:01): "Listen to the podcast. Vote for the podcast."
Additionally, the hosts recommend various literature and media that align with the episode's themes of resilience and advocacy, including Leah Littman's article in The Atlantic on the Trump administration’s courtroom strategies and Melissa Murray’s endorsement of novels like Isola for escapist fiction.
Conclusion
The episode of "Strict Scrutiny" offers a comprehensive examination of the intersection between Supreme Court rulings, legislative actions, and their profound effects on organizations like Planned Parenthood. Through insightful analysis and engaging discussions, hosts Leah Litman and Kate Shaw navigate the complexities of current legal battles, emphasizing the critical role of judicial and legislative bodies in shaping the future of reproductive healthcare and civil liberties.
Kate Shaw (89:48): "Planned Parenthood is a lifeline for millions who rely on it for cancer screenings, birth control and basic health care."
Listeners are encouraged to stay informed and engaged as these pivotal cases unfold, influencing the legal and cultural landscape of the United States.