Strict Scrutiny

Strict Scrutiny

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  • Typical duration

    84 min

    per episode

  • If it hooks

    46%

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Strict Scrutiny episodes

  • E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"

    E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. What was Trump's vibe in the courtroom? Will he actually pay up? And what does E. Jean plan to do with all that money? Melissa, Kate, and Leah get all these answers and more.

    • Read the NYT's piece on Robbie Kaplan: "In Trump’s Bitter, Yearslong Brawl With Roberta Kaplan, He Keeps Losing"
    • Read E. Jean Carroll's 2019 book in which she tells her story: What Do We Need Men For?: A Modest Proposal
    • 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
      • Who Has Final Authority At The Border?

        Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made.

        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 26 min
        • AITA? SCOTUS Edition

          Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes. Leah, Melissa, and Kate recap the arguments and outline the Koch-funded basis for the Supreme Court's latest power grab.

          • Read the NYT's reporting on the funding behind the conservative quest to overrule Chevron

          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 7 min
          • The Legality of Presidents Doing Whatever They Want

            Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron, the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a political opponent).

            • Read Leah's article with Dan Deacon, "The New Major Questions Doctrine"

            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 8 min
            • Trump's Eligibility, Cash for Clarence, and a Meditation for 2024

              We're only one week into 2024, and there's so much news to catch up on! Melissa, Leah, and Kate discuss ProPublica's reporting about rich guys giving Justice Thomas money when he hinted at retiring because his salary as a justice was too low. Then, they look to the latest in state courts, which are deciding issues such as Donald Trump's presidential eligibility, women's access to emergency abortion care, and fairly drawn electoral maps. After some quick previews of the cases the Supreme Court will hear this week, they welcome special guest Ross Rayburn, Peloton instructor and author of Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic Life. Ross shares advice for staying sane in this election year, and insights on how listening to Strict Scrutiny is actually a form of meditation.

              • Read ProPublica's reporting: "A 'Delicate Matter': Clarence Thomas’ Private Complaints About Money Sparked Fears He Would Resign"
              • Read Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War, by Mark A. Graber
              • Read the Fifth Circuit's opinion in the EMTALA case we covered last November
              • Get a copy of Ross Rayburn's book, Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic Life
                • Code STRICT10 gets you 10% off at bookshop.org!
              • 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 17 min
                • New Year, Same Court

                  To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court.

                  • Listen to us on Getting Curious: "What's Happening with the Supreme Court?"

                  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 2 min
                  • Behind the Scenes of Overturning Roe v. Wade

                    Before we settle in for a long winter's nap, we have a LOT to catch up on. First, Jodi Kantor joins the pod to talk about her reporting, with Adam Liptak, on what went down behind the scenes at SCOTUS as the conservative majority sought to overturn Roe. Then we go over some new grants of cases the Supreme Court will hear in the near future-- including the mifepristone case, and a case about January 6th convictions. We also recap some bananas arguments in Wisconsin over a gerrymandering case. And then finally, we share our 2023 edition of our favorite things! Whether you're still holiday shopping for loved ones or need ideas on how to spend your gift cards and cash, we've got you.

                    • Read Jodi Kantor and Adam Liptak's NYT piece, "Behind the Scenes at the Dismantling of Roe v. Wade"
                    • We're taking a break on 12/25, but check back in on New Year's Day for a very special edition of Strict Scrutiny!
                       
                    • 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 27 min
                      • Fake Cases, Fake Facts, Real Implications

                        Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a bankruptcy case involving Purdue Pharma and the Sackler family. Plus, we have a breaking (and heart-breaking) update on an abortion-related case out of Texas.

                        • Read Hawaii Supreme Court Justice Todd Eddin's stunning concurrence excoriating originalism
                        • Listen to our recent episode on another abortion-related case out of Texas
                        • 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 15 min
                          • Taking a Hatchet to Government Agencies

                            Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome Oona Hathaway and Sam Sankar-- two former clerks to the late Justice Sandra Day O'Connor-- to discuss her life and legacy.

                            • Read Kate's NYT op ed on Jarkesy: "This Quiet Blockbuster at the Supreme Court Could Affect All Americans"
                            • Read Oona Hathaway's NYT op ed on Justice O'Connor, "I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy."
                            • Read The 19th's reporting on how conservative groups are using the Supreme Court's affirmative action ruling to shut down the Abundant Birth Project: "Backlash to affirmative action hits pioneering maternal health program for Black women"
                            • 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 30 min
                              • A Deregulatory Sh*t Show Waiting to Happen

                                For its final sitting of 2023, the Supreme Court will hear cases on the Armed Career Criminal Act, double jeopardy, and whether the government is, well, constitutional. Leah, Melissa, and Kate preview those cases, and look into a hot mess of a voting rights case in the Eighth Circuit. Plus, US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.

                                • Watch the Strict Scrutiny hosts on The Problem With Jon Stewart, previewing the horrors that await in Jarkesy v. SEC
                                • Read Justice Jackson's powerful dissent from denial in the case of Michael Johnson, an Illinois inmate who was held in essentially complete isolation in a tiny, windowless cell, caked with human waste, for three years.
                                • 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 4 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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