Strict Scrutiny

Strict Scrutiny

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  • Typical duration

    84 min

    per episode

  • If it hooks

    46%

    finish an episode

Based on Podcast App listening data

Strict Scrutiny episodes

  • Making Sense of the Election and What It Means for the Court

    After processing the election and thinking through what it means for the future of the Supreme Court, Kate and Leah dig into a Voting Rights Act case newly added to SCOTUS’s docket. They also tackle this week’s cases on the False Claims Act, compensation for hospitals that treat low-income people, the Fair Labor Standards Act, and federal securities law.

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

    • 3/6/26 – San Francisco
    • 3/7/26 – Los Angeles
    • Learn more: http://crooked.com/events

      Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

      Follow us on Instagram, Threads, and Bluesky

      53 min
    • Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

      After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA).

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

      • 3/6/26 – San Francisco
      • 3/7/26 – Los Angeles
      • Learn more: http://crooked.com/events

        Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

        Follow us on Instagram, Threads, and Bluesky

        51 min
      • Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs

        After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today.

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

        • 3/6/26 – San Francisco
        • 3/7/26 – Los Angeles
        • Learn more: http://crooked.com/events

          Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

          Follow us on Instagram, Threads, and Bluesky

          1 hr 28 min
        • SCOTUS’s Endless Beef with the EPA

          Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country.

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

          • 3/6/26 – San Francisco
          • 3/7/26 – Los Angeles
          • Learn more: http://crooked.com/events

            Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

            Follow us on Instagram, Threads, and Bluesky

            1 hr 5 min
          • "Ghost Guns" are Guns (Duh)

            After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet.

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

            • 3/6/26 – San Francisco
            • 3/7/26 – Los Angeles
            • Learn more: http://crooked.com/events

              Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

              Follow us on Instagram, Threads, and Bluesky

              48 min
            • An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice

              Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.

              • Listen back to our 2023 interview with one of Richard Glossip's lawyers

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

              • 3/6/26 – San Francisco
              • 3/7/26 – Los Angeles
              • Learn more: http://crooked.com/events

                Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

                Follow us on Instagram, Threads, and Bluesky

                1 hr 20 min
              • Steel Yourself for a New SCOTUS Term

                Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath.

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

                • 3/6/26 – San Francisco
                • 3/7/26 – Los Angeles
                • Learn more: http://crooked.com/events

                  Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

                  Follow us on Instagram, Threads, and Bluesky

                  1 hr 10 min
                • No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar

                  Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.

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

                  • 3/6/26 – San Francisco
                  • 3/7/26 – Los Angeles
                  • Learn more: http://crooked.com/events

                    Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

                    Follow us on Instagram, Threads, and Bluesky

                    1 hr 19 min
                  • The Battle for Native Rights & Comstock: The Zombie Law From Hell

                    Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It.

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

                    • 3/6/26 – San Francisco
                    • 3/7/26 – Los Angeles
                    • Learn more: http://crooked.com/events

                      Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

                      Follow us on Instagram, Threads, and Bluesky

                      1 hr 3 min
                    • Reform, Repression, & Reproductive Rights (Live from Texas!)

                      This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.

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

                      • 3/6/26 – San Francisco
                      • 3/7/26 – Los Angeles
                      • Learn more: http://crooked.com/events

                        Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

                        Follow us on Instagram, Threads, and Bluesky

                        59 min

                      About Strict Scrutiny

                      From the publisher's feed

                      Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.

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