Strict Scrutiny

By Strict ScrutinySociety & Culture News Government Philosophy

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2nd
on Philosophy
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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

August 10Sometimes, These F*ckers Lose
Melissa and Justice Correspondent for The Nation Elie Mystal sift through the results of last week’s primaries, including good news from Missouri and Kansas, with a detour on why Michigan Senate candidate Abdul El-Sayed needs to shape up on Court reform. Then, the latest installment of Todd Blanche’s confirmation process for Attorney General and the many misdeeds at the department he hopes to permanently lead: letting insurrectionists off the hook, the targeting of the Southern Poverty Law Center as well as a progressive judge who used to work there, and assaults on the fourth estate. Also: welcome to the resistance…Jeanine Pirro? And finally, a late-breaking update on the Trump administration's continuing war on birthright citizenship.
Favorite things:
Elie: Jouppi v. Alaska
Melissa:Crash Into Me, Robinne Lee
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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 32 min
August 03Will Trump Succeed in Rigging the Midterms?
Huge news for lawyers: 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

Kate and Leah have good news and bad news. The good: The Paramount/Warner Brothers merger is on hold, the Tate brothers are facing extradition, and Todd Blanche’s nomination for AG has hit a roadblock. The bad: …Everything else. They also cover the ongoing prosecution of Jim Comey for seashell art, and speak with UCLA Law’s Rick Hasen about Trump’s effort to assert presidential control over federal elections. Then, Kate checks in with Farah Diaz-Tello, senior counsel and legal director for If/When/How, on what she and her colleagues are seeing when it comes to the use of the criminal law to target both abortion and people who experience pregnancy loss after Dobbs.
Favorite things:
Kate: Olga Dies Dreaming, Xochitl Gonzalez; A Setback for the MAGA Media Takeover, Michelle Goldberg (NYT); Dancing to Stave Off Dementia, Emily Goligoski (Harper's Bazaar); Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law, Jerry L. Mashaw
Leah: Music, Fashion, Film, Charli xcx; Who's the Clown?, Audrey Hobert; This Is the Plan: How to End America's Meltdown and Save Democracy, Ben Wikler; Why Do We Tolerate Elon Musk's Racist Commentary?, Jamelle Bouie (New York Times); Supreme Court Job Approval Slumps to Record Low (Gallup)
Rick: Jo Nesbø's Detective Hole (Netflix); Lucky (Apple); The Elephants in the Room: How Trump Voters Seized the Party from Republican Leaders, Seth Masket; Backlash Presidents: From Transformative to Reactionary Leaders in American History, Julia R. Azari
Follow us on Instagram, Threads, and Bluesky

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 32 min
July 27Dude Process, Not Due Process
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle

Friend of the Pod Emily Amick of Emily in Your Phone joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit information on medical abortion options has disturbing links to the playbook used against gender-affirming care. Then, Leah speaks with Kalpana Kotagal, Commissioner at the Equal Employment Opportunity Commission, about being the lone Democratic appointee after Trump fired the others, and the work of the Commission in a post-independent agency world. Check out Emily’s Substack, Instagram, and her book, Democracy in Retrograde.

Favorite things:
Leah:The Off Campus Series, Elle Kennedy; Game of Rogues, Julie Anne Long; Andrew Tate's Empire of Abuse, Heidi Blake (+ Blake’s interview with WITHpod); Autonomy News; this decision from the Hawaii Supreme Court; Subpoenas About Reporting on Qatar Gifted Air Force One Are Withdrawn After Argument in SDNY, Matthew Russell Lee (Inner City Press)
Emily: Careless People, Sarah Wynn-Williams; The God of the Woods, Liz Moore; Ride or Die (Amazon Prime); Smitten Kitchen’s zucchini pasta

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 30 min
July 20How Bad Is Trump's Attorney General Pick?
Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s personal lawyer, you’re forever Trump’s personal lawyer. Then, a conversation about making the courts an electoral issue and why we need fresh candidates for judicial seats with Run for Something’s Amanda Litman. Finally, ahead of a crucial August 4th ballot measure in Kansas, Kate speaks with Micah Kubic, Executive Director of the ACLU of Kansas, and Emily Wales, President and CEO of Planned Parenthood Great Plains, about how Republicans in Kansas are trying to change how justices are selected for the state supreme court in order to walk back abortion rights. Check out Katie’s YouTube channel & Substack and pre-order Amanda Litman’s book, When We’re in Charge, in paperback.
Favorite things:
Kate:Road trips, HUMBE
Amanda:This Is the Plan: How to End America's Meltdown and Save Democracy, Ben Wikler; Ungodly Rich, Katharine McGee; Down to Earth, Julia Turshen
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 27 min
July 13Our Long Road Out of Autocracy
Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, autocracy, and the rule of law. They discuss how the Supreme Court has been “captured,” the ways Donald Trump is attempting to remake Washington, D.C., in his image, and what Hungary can teach us about autocracy and how to recover from it.
Favorite things:
Kate:Emil Bove Defended Trump in Court. Then Trump Made Him a Judge, Mattathias Schwartz (NYT); Mailman: My Wild Ride Delivering the Mail in Appalachia and Finally Finding Home, Stephen Starring Grant
Kim:Regime Change: Inside the Imperial Presidency of Donald Trump, Maggie Haberman & Jonathan Swan; Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt; It Can't Happen Here, Sinclair Lewis; Borgen - Power & Glory (Netflix); Gok Wan's Easy Asian (Prime Video)

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 28 min
July 06 Surveying the Wreckage of This Supreme Court Term
Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here!
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 33 min
June 30 SCOTUS Just Barely Preserves Birthright Citizenship
In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR.
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
June 29 SCOTUS Kills Independent Agencies, Expands Presidential Power
In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC.
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].
54 min
June 29SCOTUS Keeps Rewriting Gun History
Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case, Wolford v. Lopez, which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides. They wrap up the show with some of the latest voting rights news.
Favorite things:
Leah:Kate on Hasan Minhaj’s podcast; JD Vance’s Richard Nixon revival; SDNY on trans minors
Kate:Judge Patrick J. Schiltz’s opinion quashing the subpoenas to state and local Minnesota officials
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 21 min
June 25 BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies
In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.”
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
38 min