Strict Scrutiny

This Maximalist Conservative Supermajority


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The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28].

Opinions discussed:

Marietta Memorial Hospital v. Davita [20:23]

  • A case about a Medicare statute and end-stage renal disease

US v. Taylor [25:24]

  • A habeas with a positive outcome!

Carson v. Makin [43:41]

  • In which the Supreme Court embiggens free exercise rights

Shoop v. Twyford [1:00:28]

  • If you’re seeking relief, the answer is “no” & the only question is "why"

Berger v. NC State Conference of NAACP [1:01:56]

  • Involves a challenge to North Carolina's voter ID law

Becerra v. Empire Health [1:02:52]

  • Related to Medicare reimbursement rates, with a really weird 5-4 line-up

Two more things:

  1. If you missed our episode "What's next in a post-Roe world," you should definitely go back and listen to get a sense of the fight ahead.
  2. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
  3. 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

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