Strict Scrutiny

By Strict ScrutinySociety & Culture News Government Philosophy

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Strict Scrutiny episodes

October 05The Supreme Court Allows Third-Country Deportations to Continue
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a challenge involving the constitutionality of federal laws affecting veterans’ benefits. Finally, Kate and Leah talk with Kelly Lytle Hernández, professor of history at UCLA, about her new book, Racist by Design: Two Centuries of U.S. Immigration Control.
Favorite Things:
Leah: The Love Hypothesis | The Public Shaming of John Roberts
Kate: Should I Stay or Should I Go?
Melissa: ‘A Different World’ Renewed for Season 2 | Swan Song by Earl Spencer
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You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
1 hr 26 min
October 01 We Need to Talk About Ethics Reform
In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court. What would a meaningful and enforceable set of ethics rules look like for the Supreme Court justices? Why isn’t there an Inspector General for the judiciary? How are there no real rules around recusals? Roth makes the case for these nonpartisan reforms and more.
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
47 min
September 28A New Term of Supreme Chaos
It’s been a long summer, but Leah, Kate and Melissa are back together to break down the biggest cases and legal battles coming to the Supreme Court this term. Starting in October, the justices will hear challenges involving AR-15s and semi-automatic rifles, religious exemptions for schools receiving government funding, and the latest redistricting fights in Missouri and the 8th Circuit. Plus, Trump’s big arch updates and allegations that a government contractor illegally funneled nearly $200,000 to a Susan Collins super PAC. Then, Melissa sits down with National Association of Black Journalists President and Crooked’s Long Play cohost Errin Haines to discuss news outlets suing the President over press access. After, Leah talks to Columbia graduate and author Mahmoud Khalil about his new book, No Land to Stand On, the administration’s crackdown on pro-Palestinian speech, and the treatment of people in ICE custody.
Favorite Things:
Leah: ProPublica | Gil Duran, Nerd Reich; Naomi Klein & Astra Taylor End Times Fascism | Alyssa Edwards’ response to Ken Paxton
Kate: Daniel Immerwahr’s How to Hide an Empire | Ari Berman and Pema Levy in Mother Jones on Callais and the New New Jim Crow | Nikole Hannah-Jones’s NYT Piece
Melissa: Propublica’s piece on Susan Collins | Charles Spencer, Swan Song | Raphael Warnock, The Crooked Parts Made Straight | Zak Cheney-Rice, No One Can Fix School Segregation Alone | Stacey Abrams at LCCR Gala
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
1 hr 39 min
September 24 We Need To Talk About Jurisdiction Stripping
In the fourth installment of our Hot Supreme Court Reform September series, Leah sits down with former FTC Chair Lina Khan and Lev Menand, both of Columbia Law School, to talk through ways to limit how much SCOTUS can mess with federal agencies. Lev makes the case for stripping SCOTUS of its jurisdiction over administrative law and sending those cases to a specialized court, and Lina discusses venue and standing issues—reforming who gets to sue and where.
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
47 min
September 21Trump’s Assault on the Free Press
Melissa and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Also covered: Kash Patel on bestiality, ammosexual wins of the week, a proposed ballot measure in Idaho to protect reproductive freedom, and Donald Trump Jr.’s Russian oligarch sugar daddy. Then, Melissa sits down with Crooked’s very own Alex Wagner to talk about her new book The Steal: Four Right-Wing Hard-Liners, One Republican Presidency, and the Raid on America's Courts. Check out Alex’s show, Runaway Country, wherever you pod.
Favorite things:
Leah:Alex Wagner’s The Steal; PONIES (Peacock); The Women of Yesteryear, Kate Manne (More to Hate); The Retirement Plan, Sue Hincenbergs
Melissa: The Steal; Kash Patel getting roasted on social media

Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
1 hr 25 min
September 17 We Need To Talk About Judicial Review
In the third installment of our Hot Supreme Court Reform September series, Leah sits down with Daphna Renan and Nikolas Bowie to discuss how judicial supremacy became the default operating system of the federal government, and how limiting the Supreme Court’s power to decline to enforce federal statutes is a crucial tool for reining it in. Niko and Daphna’s book is Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway here!
Take the Strict Scrutiny survey.
New Strict Scrutiny merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
52 min
September 15 BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BS
Kate, Leah and Melissa hop on to break down the Supreme Court’s decision to block the Trump administration’s Postal Service regulation announcing it would not deliver mail-in ballots unless states adopted a bunch of last-minute, unnecessary, burdensome, and impossible policies governing mail in ballots. They cover Trump’s tantrum over the decision, Brett Kavanaugh’s endlessly pathetic pick-me energy, and Sam Alito’s God tier false equivalencies.
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com
Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader
Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky
For a transcript of an episode of Strict Scrutiny please email [email protected]
33 min
September 14How Trump is Using the IRS to Resegregate America
Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign finance fights, and Missouri Republican efforts to push a mid-cycle congressional redistricting plan that could eliminate a Democratic seat. Also: a Strict Scrutiny history lesson on the “segregation academies” created across the South in resistance to school integration, and how new proposed regulations from the Trump administration have the potential to utterly remake education and turn the dial back to a time when American education was racially divided. Then Melissa, Leah and Kate sit down with Niko Bowie & Daphna Renan to talk about their new book, Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway for Supremacy here! Public comments on racial nondiscrimination in private schools here.
Favorite Things:
Melissa:Rashad Robinson’s From Presence to Power: How to Take On the Fights That Matter--and Win; Where the Girls Were by Kate Schatz; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck by Sophie Elmhirst
Rashad: U.S. Open specifically Coco Gauff, Frances Tiafoe, and Ben Shelton; ADULTS, The Scrub Episode (FX); The Disappearers by Marlon James
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
1 hr 35 min
September 11 Still Counting: Trump vs. The BLUE WAVE: A Midterm Extravaganza
Nate Silver, Clare Malone, and Galen Druke discuss the most competitive Senate races heading into the midterms in this excerpt from their new podcast, Still Counting. To hear the rest, head over to Still Counting and subscribe! New episodes drop every Wednesday evening.
You can request a transcript by emailing [email protected]. Include the podcast name, episode title, and air date. Please allow 48 hours for delivery.
23 min
September 10 We Need to Talk About Term Limits
In part two of our Hot Supreme Court Reform September series, Kate and the Brennan Center’s Alicia Bannon make the case for term limits for the Court. The idea has bipartisan support, but what would they look like in practice? And, crucially, does Congress have the power to impose them?
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]
37 min