This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality.

Hosts’ favorite things this week:

• Leah: Dividing Lines, Deborah Archer; Why Universities Must Start Litigating—and How (The Nation), David Pozen, Ryan Doerfler, and Samuel Bagenstos; The Case for Suing, Adam Unikowsky
• Kate: Princeton President Chris Eisgruber on The Daily; Who Is Government? The Untold Story of Public Service, Michael Lewis
• Melissa: Up Home: One Girl's Journey, Ruth J. Simmons; The White Lotus (Max)

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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

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Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challenges to Trump’s ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs’ election to the Supreme Court of North Carolina.

Hosts’ favorite things this week:

• Kate: Unmarked Vans. Secret Lists. Public Denunciations. Our Police State Has Arrived, M. Gessen; Setting the Record Straight on the Anti-Trump Injunctions, Steve Vladek; The Battle for the Bros, Andrew Marantz; Museum of Now, This American Life; The Senate and the Edward Martin Nomination, Jack Goldsmith; Isola, Allegra Goodman; How the Trump Administration Learned to Obscure the Truth in Court, Leah Litman
• Leah: Eternal Sunshine Deluxe: Brighter Days Ahead, Ariana Grande; Hate Won't Win: Find Your Power and Leave This Place Better Than You Found It, Mallory McMorrow; Why Trans People Must Prove a History of Discrimination Before the Supreme Court, Chase Strangio; Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court, Marty Lederman

Vote for Less Radical in the Webby Awards here and here!

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

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Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain.

Hosts’ favorite things this week:

• Leah: After Dobbs, David Cohen & Carol Jaffe; Mayhem, Lady Gaga; Black Bag, Steven Soderbergh; Wrexford & Sloane mystery series by Andrea Penrose; Lawsuits by Wilmer & Jenner challenging wildly unconstitutional executive orders; Judge Howell’s order rejecting the request for her to recuse in the challenge to the EO targeting the Perkins Coie order
• Melissa: Last week’s episode of Strict Scrutiny; A Season of Light, Julie Iromuanya; The Note, Alafair Burke; Yacht Rock: The Dockumentary (Max); Gwyneth and Meghan on Instagram; New Phone; Houthis? (Christian Schneider on X); Text STOP to opt out of war plans (Leta McCullough Seletsky on Bluesky)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI. 

Hosts’ favorite things this week: 

• Leah: Fight! Fight! Fight!, Rebecca Traister; AOC’s Bluesky feed during the CR debates/debacle; The Hidden Motive Behind Trump’s Attacks on Trans People, M. Gessen; This Election Will Be a Crucial Test of Musk’s Power, Kate Shaw; Trump Has Gone From Unconstitutional to Anti-Constitutional, Jamelle Bouie
• Kate: The Feminist Law Professor Who Wants to Stop Arresting People for Domestic Violence, Sarah Lustbader; The Dangerous Document Behind Trump’s Campus Purges, Daphna Renan & Jesse  Hoffnung-Garskof; The Cost of the Government’s Attack on Columbia, Christopher L. Eisgruber

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education. 

Hosts’ favorite things this week:

• Melissa: The Trouble of Color: An American Family Memoir by Martha Jones; Paradise (Hulu) 
• Leah: Bad Law by Elie Mystal; The Bee Sting by Paul Murray; Martyr! by Kaveh Akbar; Corruption & the Maximalist Theory of Presidential Power by Bob Bauer (Executive Functions); Five Questions about The Khalil Case by Steve Vladeck (One First)
• Kate: Character Limit: How Elon Musk Destroyed Twitter by Kate Conger and Ryan Mac; Interview with Lindsay Nash on Mahmoud Khalil by Isaac Chotiner (New Yorker)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich of the New York Times about his new book, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful. 

Hosts’ favorite things this week: 

• Melissa: Never Caught: The Washingtons' Relentless Pursuit of Their Runaway Slave, Ona Judge by Erica Armstrong Dunbar; Due Care in a Conservative Court by Hila Keren (forthcoming in the Wisconsin Law Review); With Love, Meghan (Netflix)
• Kate: Towards A New Equal Protection Paradigm by Issa Kohler Hausmann, co-authored with Kevin Yang and Charlotte Lawrence; Severance (Apple TV+)

Get tickets for STRICT SCRUTINY LIVE - The Bad Decisions Tour 2025! Listener presale Wednesday March 12 at 10am local time - Thursday March 13 at 10pm local time with code YOLO, general sale starts Friday March 14

• 5/31 - Washington DC
• 6/12 - NYC
• 10/4 - Chicago

Learn more: http://crooked.com/events

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Follow us on Instagram, Threads, and Bluesky

Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.”

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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Melissa, Leah, and Kate are joined by Professor Kate Masur of Northwestern to talk about just how illegal and off-the-wall Trump’s executive order on birthright citizenship is. Then, the hosts cover the multitude of other horrors coming out of the executive branch, preview February’s SCOTUS cases, touch base with the wackos at the Fifth Circuit, and ask the all-important question: are the mens okay?

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

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Live from Fordham Law, Leah, Melissa, and Kate stay on the Trump 2.0 chaos beat. They cover the continued ransacking of the federal government by the new administration, lawlessness at the DOJ, and the gutting of the Consumer Financial Protection Bureau. Finally, they take some time to consider just how much this new administration hates women. 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Follow us on Instagram, Threads, and Bluesky

This week, the ladies react to the ransacking of the federal government by Elon Musk and his fleet of DOGE dorks. Then, Kate and Leah speak with Jonathan Gienapp, professor of law and history at Stanford University and author of Against Constitutional Originalism: A Historical Critique, about what originalists get wrong about history and how the founders thought about the law.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 5/31 – Washington DC
• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Follow us on Instagram, Threads, and Bluesky