Strict Scrutiny – Detailed Episode Summary

Podcast: Strict Scrutiny (Crooked Media)
Episode: Will the Court Actually Push Back Against Trump’s Unlawful Firings?
Date: January 26, 2026
Hosts: Leah Litman, Kate Shaw, Melissa Murray (+ regular guest Sarah Harris)

Episode Overview

This episode dives deep into recent Supreme Court oral arguments regarding the limits of presidential removal power over independent federal officials—specifically, whether President Trump can lawfully remove Lisa Cook, a Fed governor, for “cause.” The hosts also contextualize this moment with ongoing headlines around ICE abuses and escalating federal intervention in Minnesota, connecting these legal battles to broader issues of constitutional interpretation, executive authority, and rights. With their characteristic mix of legal rigor, irreverence, and accessible banter, the hosts highlight the real-life stakes in this fraught Supreme Court term.

Key Discussion Points & Insights

1. Minnesota ICE Shooting: Remembering Alex Preddy

[00:40–20:44]

The episode opens with an extensive and emotional “topper” discussing the recent killing of Alex Preddy by ICE officers in Minnesota, including:

• Background:

  • Preddy was an ICU nurse, bystander, and legal gun owner who was observing and documenting ICE operations in Minneapolis.
  • He was filming officers and directing traffic (within his rights) when several ICE agents dragged, beat, and ultimately shot him after he tried to protect a woman being pepper-sprayed.
  • “Alex Preddy was carrying, not brandishing, a gun. ... He had a concealed carry permit and was lawfully authorized to carry a weapon on his person.” – Melissa Murray (03:24)

• Government & Media Response:

  • Federal officials have issued false statements about the incident, stymied attempts at state investigation, and attempted to block witness access.
  • Video and eyewitness accounts directly contradict official DHS narratives.

• Legal Barriers & Accountability:

  • State-level prosecution faces federal obstruction, witness harassment, and Supremacy Clause immunity claims (12:15).
  • Civil suits against federal agents are almost impossible due to Supreme Court hostility to “Bivens” actions (15:55).
  • “This is a really volatile and... unprecedented situation. I don’t know that we’ve ever seen any situation where the federal government has been this vehement about prohibiting the state from being involved in an investigation.” – Melissa Murray (11:45)

• Advocacy & Action:

  • Call to listeners to demand Congress (1) restrict DHS/ICE funding, and (2) pass laws enabling civil suits against abusive federal agents (18:00).
  • Highlighting the chilling effect intended by federal responses on investigative transparency and civic protest.

• Memorable Moments:

  • Tribute to Alex Preddy: Clip of him reading a “final salute” for a deceased veteran (20:10).
  • Quote from Preddy's family: "Get the truth out about our son. He was a good man." (19:15)

2. Legal News Roundup: Authoritarian Drift & Agency Power

[21:21–39:13]

a. The Week in Legal Headlines

• Personal News:
  • Vice President J.D. Vance expecting a baby (“Band Aid baby” internet jokes).
• ICE Internal Memo:
  • Whistleblower-revealed ICE policy allowing agents to enter homes without judicial warrants, despite long-standing constitutional norms (23:38).
• ICE Tactics in Minnesota:
  • Detention of a 5-year-old (photo cited by hosts as emblematic horror), death of a Cuban detainee ruled homicide (24:40–27:02).
• Don Lemon Targeted:
  • After covering ICE protests, Don Lemon faced failed criminal prosecution, seen as a move to silence negative coverage (27:02).
• Jack Smith Testifies:
  • Former Special Counsel Smith's congressional hearing became an opportunity to rehash January 6 and Republican loyalty tests for Trump; he remained unflappable while Republicans tried to paint him as a Biden lackey (28:12–34:27).
  • “They convened this hearing... to flog claims that Trump has been the victim of lawfare... They droned on incessantly about Smith subpoenaing congressional toll records.” – Sarah Harris (28:12)
• Clinton Contempt Vote:
  • The Clintons held in contempt for not complying with Congress’s Epstein investigation subpoenas (35:51).
• Targeting Student Protesters:
  • Unsealed DHS documents show Trump admin sought deportation of lawfully present student activists for pro-Palestinian protests (36:29).
• DOE & DEI:
  • Department of Education dropped an appeal, letting stand a ruling against its anti-DEI guidance—“a win for public education” (38:14).

3. SCOTUS Argument Recaps: Presidential Removal Power & Guns

[43:03–85:35]

a. Trump v. Cook: Firing Fed Governor Lisa Cook

• Case Summary:

  • Trump removed Lisa Cook (first Black woman governor of the Fed) via Truth Social, allegedly for “mortgage fraud.” Cook disputes both facts and that the charge even qualifies as “cause.”

• Key Legal Questions:

  • Can courts review the President’s “cause” for removal, or is he unreviewable?
  • What process is due to an independent agency official before removal—does a Truth Social post suffice?
  • Is reinstatement available if removal is unlawful?

• Highlights & Quotes:

  • “If there’s no judicial review, then this is all kind of a joke.” – Paul Clement for Cook (45:47)
  • “You can just move people out of their job, and they have... no recourse? They can’t say anything about it? Like, be so for real.” – Melissa Murray on Due Process (50:00)
  • Sauer (Trump’s Solicitor General): “Not a formal proceeding. She was given an opportunity in public... [to] post about it... that was the opportunity to be heard.” (49:35, paraphrase)
  • Justice Jackson presses the administration on due process: “What if she doesn't have a Truth Social account?” (50:00)

• Court’s (Possible) Approach:

  • Seemingly more concerned with market instability than legal principle; Justices float various ways to keep Cook in place, at least while the case is litigated, citing recession and “public interest” risk.
  • “If but the stock market is driving the analysis here...” – Melissa Murray (56:56)
  • “It was one of the most disheartening arguments I remember hearing before this Court.” – Sarah Harris on consequentialism (53:25)

• Memorable Banter:

  • Repeated jokes about “Truth Social” being the new forum for due process.
  • Satirical nod to the Justices’ concern for market portfolios over rights (58:35, 69:01).

b. Wolford v. Lopez: Guns on Private Property

• Case Summary:

  • Challenge to Hawaii law requiring property owner consent for firearms on private property open to the public.

• Key Doctrinal Tension:

  • Bruen Test demands historical analogue for gun restrictions; both sides cite anti-poaching laws and racially-motivated Black Codes after the Civil War.

• Memorable Moments:

  • Host prediction comes true: “Black Codes” invoked by conservative justices to support gun rights—Alito thumps desk in rage for emphasis (71:07).
  • “Can I just say, did I not predict? ...If I had said Black Codes drink, everyone would have had alcohol poisoning.” – Melissa Murray (71:37)
  • Woke Gorsuch references Black Codes as Cherry-picked bad history—Jackson sharply counters: “If we start taking pieces off... I think there’s gonna be a problem with respect to the accuracy of our test.” (74:45–75:13)
  • Second Amendment “favored” right: “Somehow still trying to convince everyone that the second Amendment is really the victim here. It is a disfavored and second class right.” – Sarah Harris (81:07)
  • Banter: mock comparison between soliciting votes and carrying a gun to a neighbor’s door (81:20–82:07).

• Bottom Line:

  • Hosts anticipate Court’s pro-gun leanings will trump traditional property rights, signal “amosexuality” outstripping prior conservative doctrines.

c. M&K Employee Solutions v. IAM Pension Fund

• Short Recap:
  • Dry ERISA case about how to calculate pension plan withdrawal liability; justices skeptical of requiring actuaries to ignore real-world events.
  • “If I were a betting person, I would put my money on or in the fund.” – Melissa Murray pun (85:30).

4. Opinions, Lower Court News, and Circuit Craziness

[85:35–97:53]

• Quick Opinions Recap:

  • Burke v. Choi: Federal rules trump state affidavit requirement in malpractice cases.
  • Ellenberg v. US: Restitution is criminal punishment under Ex Post Facto Clause.
  • Coney Island Auto Parts v. Burton: Time limit on motions to challenge judgments as void is “reasonable”—Justice Sotomayor concurs in judgment only.
  • Justice Jackson dissents on overuse of “Martinizing” (denying indigents repeat Supreme Court access).

• 8th Circuit as “America's Worst Circuit”:

  • 8th Circuit lifted injunction against ICE, within hours leading to new violence—pepper spraying, tear gassing, brutality (93:07).
  • “Literally hours after the 8th Circuit’s ruling, video surfaced showing DHS’s Greg Bovino deploying tear gas against protesters.” – Kate Shaw (94:42)

• Defamation Lawsuit Against Northwestern:

  • Dismissal of a Jonathan Mitchell-backed (anti-DEI) suit targeting Black faculty for “reverse discrimination,” but acknowledgment that the purpose (bad faith smearing) was likely achieved (96:19–97:53).
  • “This case should not be allowed to proceed. And so I'm glad, at least for now.” – Sarah Harris (97:53)

5. Favorite Things & Uplifting Endnotes

[98:11–end]

• Melissa Murray’s New Book:

  • “It’s called the US Constitution”—A guide, clause-by-clause, with expanded, context-rich explanations designed for nonlawyers, to be published May 2026.
  • “Everyone should really be carrying around a Constitution annotated by Melissa Murray to present ICE officers and say, these are the only fucking papers I need, bitch.” – Kate Shaw (100:14)

• Reading Recommendations:

  • Robin Givhan’s NYT essay on Valentino's passing—a meditation on culture and fashion (101:11).
  • Ellie Mistal’s Nation piece on anti-trans bans at SCOTUS (“the Supreme Court Just Held an Anti-Trans Hate Fest”).
  • Franklin Foer’s “The Purged” (The Atlantic) – On decimation of the civil service.
  • Lev Menand NYT op-ed on presidential Fed control and potential for corruption.
  • God of the Woods (book).

• Minnesota Mutual Aid Highlight:

  • Standwithminnesota.com for resources and support during statewide ICE resistance (104:27).

Notable Quotes & Segments With Timestamps

• Melissa Murray on ICE Killings & Second Amendment “Logic”:

  “It cannot be that everyone is allowed to carry a gun for their safety, but the government can still murder you in the streets if you lawfully possess a gun.” (07:11)

• Kate Shaw on Judicial Review:

  “If there’s no judicial review, then this is all kind of a joke.” (45:47, Trump v. Cook oral argument)

• Melissa on Due Process “Truth Social” Style:

  “I think the drafters of the 14th Amendment were like, Truth Social. That might be enough.” (49:54)

• Justice Jackson Pressing on Process:

  “But what if she doesn’t have a Truth Social account? How is she to know and respond?” (50:00)

• Sarah Harris on Dispiriting Arguments:

  “It was one of the most disheartening arguments I remember hearing before this Court.” (53:25)

• Melissa on Racialized Legal Doctrine Consistency:

  “You can't start talking about the Black Codes here and then just forget about Reconstruction when you're dealing with affirmative action.” (75:13)

Tone and Style

The hosts balance legal analysis and procedural depth with accessible, sharp-witted commentary (“amosexuality,” “Truth Social as due process?”), banter, and focused righteous anger (especially around ICE brutality). They use humor to defuse heaviness but don’t shy away from outrage and urgency, especially when discussing the chilling real-world effects of abstract legal doctrine.

For Further Information

• If You Care About the Law:
  This episode is a must-listen for anyone tracking the future of the administrative state, independent agencies, gun rights, and constitutional rights under a historically powerful executive.
• Action Calls:
  Call Congress to demand action on ICE violence and legal remedies for abuses. Support Minnesota community organizations.
• Recommended Reading:
  See Favorite Things section for deeper dives into law, current events, and culture.
• Book Pre-Order:
  Melissa Murray’s “The US Constitution” (Simon & Schuster, May 2026)—a practical, inclusive guide to America’s founding document and “the only fucking papers you need.”