Strict Scrutiny

Crooked Media

Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights. read less

Our Editor's Take

The Strict Scrutiny podcast analyzes the US Supreme Court and its legal cases. This podcast discusses the big news surrounding these nine justices. It explains their decisions and rationales in a digestible manner.

The Supreme Court decides issues that affect Americans' lives. Cases the court takes on can involve abortion, racial justice, voting rights, and more. The Strict Scrutiny podcast reports on these issues impacting the community.

The show's title comes from a legal term. Strict Scrutiny is a standard that judges use to determine whether a law is constitutional. This show comes from the production company behind Pod Save America. So it has a progressive flair.

Kate Shaw, Melissa Murray, and Leah Litman host the Strict Scrutiny podcast. Shaw is a professor at Cardozo School of Law. Murray teaches at the NYU School of Law and Litman is at University of Michigan Law School. At various points in their careers, they each clerked for various justices. The three women make the content on this show understandable to the average person. This dynamic helps make law education more accessible to a broader crowd.

Each week, Shaw, Litman and Murray recap the legal arguments in front of the Supreme Court. Previous topics have included discrimination, protected speech, and fraud. Others were on law and religion, the climate, and LGBTQ rights. Sometimes, Strict Scrutiny hosts invite a guest to the show. Past attendees have included senators, journalists, members of relevant organizations, and more. Due to the variety of issues affecting the community, there's always something new to discuss.

Even though this is a legal podcast handling serious issues, Strict Scrutiny can also be hilarious. The cohosts refer to judges by their nicknames and even use pop culture analogies. In short, they don't take themselves-or the Court-too seriously. This provides an entertaining listen suited to a broad audience. Listeners may find this show engaging and intriguing.

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Episodes

Will SCOTUS Let January 6 Defendants Off the Hook?

Will SCOTUS Let January 6 Defendants Off the Hook?

Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care.Read Professor Caitlin Millat's op ed in the Los Angeles Times: "As a pregnant law professor in Arizona, I fear the abortion ban" Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS’s Final Sitting of the Term Is A Doozy

SCOTUS’s Final Sitting of the Term Is A Doozy

In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit.Got a question for our upcoming mailbag episode? Submit it here! Follow us on Instagram, Twitter, Threads, and Bluesky

Florida Becomes a Battleground for Reproductive Rights

Florida Becomes a Battleground for Reproductive Rights

Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering.Listen to Melissa's interview with Errin on The Amendment, talking about the Trump indictmentsSubmit a question for our upcoming mailbag episode here! Follow us on Instagram, Twitter, Threads, and Bluesky

The Absurd Fiction of the Mifepristone Case

The Absurd Fiction of the Mifepristone Case

Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued Follow us on Instagram, Twitter, Threads, and Bluesky

The Supreme Court Abortion Pill Case

The Supreme Court Abortion Pill Case

Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court. Follow us on Instagram, Twitter, Threads, and Bluesky

Texas, Immigration, and Easily Avoidable Chaos

Texas, Immigration, and Easily Avoidable Chaos

Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials.Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info. Follow us on Instagram, Twitter, Threads, and Bluesky

Welcome to Conservative Grievance Week

Welcome to Conservative Grievance Week

The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions.Strict Scrutiny is headed back to DC for another live show! Presale starts 3/18 @ 12pm ET with the code SCRUTINY. Head to crooked.com/events for more info! --> Washington DC TicketsHere's the full episode in which we called pretty much the entire outcome of the Title X family planning program case in the Fifth CircuitICYMI, Melissa's book with Andrew Weissmann, The Trump Indictments: The Historic Charging Documents with Commentary, hit #1 on the New York Times' Bestseller List! If you haven't gotten your own copy, code STRICT10 will get you 10% off at Bookshop.org Follow us on Instagram, Twitter, Threads, and Bluesky

The TLDR of Trump's Indictments

The TLDR of Trump's Indictments

Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it. Plus, for a special court culture segment, Leah talks with Barb McQuade about her book, Attack from Within: How Disinformation Is Sabotaging America.Buy The Trump Indictments and Attack from Within from Bookshop.org-- code STRICT10 at checkout gets you 10% off! Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)

SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)

The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).Listen to our recap of the oral arguments in the episode "SCOTUS Has Their Own Theories About Trump's Eligibility" Follow us on Instagram, Twitter, Threads, and Bluesky

Content Moderation, Machine Guns, and Trump's Trial Calendar

Content Moderation, Machine Guns, and Trump's Trial Calendar

Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. Listen to evelyn's podcast, Moderated Content Follow us on Instagram, Twitter, Threads, and Bluesky

The Alabama Supreme Court Embraces Fetal Personhood

The Alabama Supreme Court Embraces Fetal Personhood

Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.Listen to our episode with Michele Goodwin from August 2022, "What the Fight After Roe Actually Looks Like"Listen to our episode with Jessica Valenti from February 2023, "The Originalist Case for Terrorizing Women"Watch Melissa and Kate on The Daily Show!Order Melissa Murray and Andrew Weissmann's new book, The Trump Indictments: The Historic Charging Documents with CommentaryCode STRICT10 at checkout gets you 10% off! Follow us on Instagram, Twitter, Threads, and Bluesky

The Good, The Bad, And The Ugly From State Courts

The Good, The Bad, And The Ugly From State Courts

Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.Read Melissa and Kate's article in the Harvard Law Review, "Dobbs & Democracy"Read Melissa's article from the Houston Law Review, "Children of Men: The Roberts Court’s Jurisprudence of Masculinity"Pre-order The Trump Indictments: The Historic Charging Documents with Commentary, by Melissa Murray and Andrew Weissmann (code STRICT10 gets you 10% off at check-out!) Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS Has Their Own Theories About Trump’s Eligibility

SCOTUS Has Their Own Theories About Trump’s Eligibility

The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision. Follow us on Instagram, Twitter, Threads, and Bluesky

Why Did Trump Get Denied Immunity?

Why Did Trump Get Denied Immunity?

This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. Follow us on Instagram, Twitter, Threads, and Bluesky

Does the Constitution Disqualify Trump from Presidency?

Does the Constitution Disqualify Trump from Presidency?

This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy. Follow us on Instagram, Twitter, Threads, and Bluesky

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

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 Follow us on Instagram, Twitter, Threads, and Bluesky

Who Has Final Authority At The Border?

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. Follow us on Instagram, Twitter, Threads, and Bluesky

AITA? SCOTUS Edition

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 Follow us on Instagram, Twitter, Threads, and Bluesky

The Legality of Presidents Doing Whatever They Want

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" Follow us on Instagram, Twitter, Threads, and Bluesky

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

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. GraberRead the Fifth Circuit's opinion in the EMTALA case we covered last NovemberGet a copy of Ross Rayburn's book, Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic LifeCode STRICT10 gets you 10% off at bookshop.org! Follow us on Instagram, Twitter, Threads, and Bluesky