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.
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.
The DOJ’s Failed Attempts To Meddle In The Midterms
Episodes
Election Day is upon us, and President Trump is already trying to sow doubt in the results – with the help of the courts. But first, Leah, Kate, and Melissa preview the cases the Supreme Court will be hearing this week, including St. Mary Catholic Parish v. Roy, a Colorado case that puts anti-LGBT discrimination back in the spotlight. Then, it’s time to get into the DOJ’s failed attempt to segregate ballots in California, and its lawsuit against Alaska for allowing more than one candidate named Dan Sullivan to run for Senate. Plus, some fun reenactments of a bonkers hearing on the D.C. golf course Trump wants to renovate. Favorite Things: Leah: Jon Lovett and Tim Miller on supporting Abdul El-Sayed | The Cheesecake Factory discourse Kate: Former President Barack Obama's response to The Cheesecake Factory discourse | The Osborne Association’s annual benefit Melissa: Supporting Kate at the Osborne Association’s annual benefit | Obama’s shade about The Cheesecake Factory | Leah’s supercut of President Trump talking about Republican Senator Jon Husted’s butt | Dolly All the Time by Annabel Monaghan Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
Leah and Melissa break down the administration’s latest lawsuits, from the DOJ’s fight over Alaska’s Senate candidacy, to its efforts to force California to turn over voter information, to Trump’s golf course fiasco. They also recap the latest developments at the Supreme Court, including a lower court ruling on New Hampshire’s election guidance for student IDs and the Court’s decision not to hear a significant copyright dispute out of the Fifth Circuit. Plus, they unpack the administration’s seemingly endless legal corruption, from Alina Habba to Vivek Ramaswamy’s disgusting Ohio campaign ads targeting his opponent, Amy Acton. Then, Kate talks with Rachel Shelden about her new book, The Political Supreme Court: A Forgotten History. Favorite Things: Leah: Attachments by Rainbow Rowell | Queen of Lombard Street by Lisa Kleypas | Talarico x The Chicks | You Can See Everything | Pablo Torre on Vivek | Lily Allen celebrating the one-year anniversary of West End Girl with a sex toy launch Melissa: Happy Anniversary Mr. Melissa Murry! | The Diplomat Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
The nation is on a fast-paced slide toward full-on fascism, but what else is new? Leah, Kate, and Melissa recap Matt Gaetz’s sex trafficking civil suit, Katie Zacharia’s first—and last—week as White House Press Secretary, and the disturbing raid on Congresswoman Ilhan Omar’s home. Then, they dive into this week’s blockbuster Supreme Court arguments, including Suncor Energy Inc. v. County Commissioners of Boulder County, Beaird v. United States, and Salazar v. Paramount Global. They break down the fight over climate accountability, the role of federal sentencing guidelines, and whether a decades-old privacy law can keep up with modern streaming services. Plus, they discover just how out of touch some of the justices are when conversation keeps circling back to Blockbuster. Finally, Leah talks with journalist and author Alice Ollstein about her new book, Side Effects: How Abortion Bans Impact Everyone’s Health. Favorite Things: Leah: Mad Mabel by Sally Hepworth | Book Lovers by Emily Henry | Kate Manne on Call Her Daddy | Side Effects by Alice Ollstein | The Duke by Anna Cowan | The Earl Takes All by Lorraine Heath Kate: Blockers by Michael Lewis Melissa: The Correspondent by Virginia Evans | The 14th | The Diplomat Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
The first week of the new term has come and gone, and things are heating up… literally. Kirti Datla, director of Earthjustice’s Strategic Legal Advocacy Program, joins Melissa and Leah to discuss the term’s biggest climate case: Suncor v. Commissioners of Boulder County. They break down whether Boulder County’s lawsuit against oil and gas companies can move forward, or if the Court will shut it down based on federal law. Then, they dive into Samuel Alito’s big, bad book press tour and his reflections on Dobbs—including the friendships he says he lost along the way. Plus they cover Kash Patel’s engagement, Kimberly Guilfoyle’s corruption controversies, and Pete Hegseth’s announcement of a public execution. Finally, Melissa talks with Professor Bernadette Atuahene about her new book: Plundered: How Racist Policies Undermine Black Homeownership in America. Favorite Things: Leah: So Unexplained: Justice Alito’s Non-Responsive Emergency Docket Defense | Steve Vladeck’s Substack: One First | Jon Ossoff V. Mike Collins Debate | Marquette Poll Melissa: Cherry Baby by Rainbow Rowell Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a challenge involving the constitutionality of federal laws affecting veterans’ benefits. Finally, Kate and Leah talk with Kelly Lytle Hernández, professor of history at UCLA, about her new book, Racist by Design: Two Centuries of U.S. Immigration Control. Favorite Things: Leah: The Love Hypothesis | The Public Shaming of John Roberts Kate: Should I Stay or Should I Go? Melissa: ‘A Different World’ Renewed for Season 2 | Swan Song by Earl Spencer Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court. What would a meaningful and enforceable set of ethics rules look like for the Supreme Court justices? Why isn’t there an Inspector General for the judiciary? How are there no real rules around recusals? Roth makes the case for these nonpartisan reforms and more. Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
It’s been a long summer, but Leah, Kate and Melissa are back together to break down the biggest cases and legal battles coming to the Supreme Court this term. Starting in October, the justices will hear challenges involving AR-15s and semi-automatic rifles, religious exemptions for schools receiving government funding, and the latest redistricting fights in Missouri and the 8th Circuit. Plus, Trump’s big arch updates and allegations that a government contractor illegally funneled nearly $200,000 to a Susan Collins super PAC. Then, Melissa sits down with National Association of Black Journalists President and Crooked’s Long Play cohost Errin Haines to discuss news outlets suing the President over press access. After, Leah talks to Columbia graduate and author Mahmoud Khalil about his new book, No Land to Stand On, the administration’s crackdown on pro-Palestinian speech, and the treatment of people in ICE custody. Favorite Things: Leah: ProPublica | Gil Duran, Nerd Reich; Naomi Klein & Astra Taylor End Times Fascism | Alyssa Edwards’ response to Ken Paxton Kate: Daniel Immerwahr’s How to Hide an Empire | Ari Berman and Pema Levy in Mother Jones on Callais and the New New Jim Crow | Nikole Hannah-Jones’s NYT Piece Melissa: Propublica’s piece on Susan Collins | Charles Spencer, Swan Song | Raphael Warnock, The Crooked Parts Made Straight | Zak Cheney-Rice, No One Can Fix School Segregation Alone | Stacey Abrams at LCCR Gala Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
In the fourth installment of our Hot Supreme Court Reform September series, Leah sits down with former FTC Chair Lina Khan and Lev Menand, both of Columbia Law School, to talk through ways to limit how much SCOTUS can mess with federal agencies. Lev makes the case for stripping SCOTUS of its jurisdiction over administrative law and sending those cases to a specialized court, and Lina discusses venue and standing issues—reforming who gets to sue and where. Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
Melissa and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Also covered: Kash Patel on bestiality, ammosexual wins of the week, a proposed ballot measure in Idaho to protect reproductive freedom, and Donald Trump Jr.’s Russian oligarch sugar daddy. Then, Melissa sits down with Crooked’s very own Alex Wagner to talk about her new book The Steal: Four Right-Wing Hard-Liners, One Republican Presidency, and the Raid on America's Courts. Check out Alex’s show, Runaway Country, wherever you pod. Favorite things: Leah:Alex Wagner’s The Steal; PONIES (Peacock); The Women of Yesteryear, Kate Manne (More to Hate); The Retirement Plan, Sue Hincenbergs Melissa: The Steal; Kash Patel getting roasted on social media Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
In the third installment of our Hot Supreme Court Reform September series, Leah sits down with Daphna Renan and Nikolas Bowie to discuss how judicial supremacy became the default operating system of the federal government, and how limiting the Supreme Court’s power to decline to enforce federal statutes is a crucial tool for reining it in. Niko and Daphna’s book is Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway here! Take the Strict Scrutiny survey. New Strict Scrutiny merch available here. 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 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 transcripts@crooked.com
Kate, Leah and Melissa hop on to break down the Supreme Court’s decision to block the Trump administration’s Postal Service regulation announcing it would not deliver mail-in ballots unless states adopted a bunch of last-minute, unnecessary, burdensome, and impossible policies governing mail in ballots. They cover Trump’s tantrum over the decision, Brett Kavanaugh’s endlessly pathetic pick-me energy, and Sam Alito’s God tier false equivalencies. Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign finance fights, and Missouri Republican efforts to push a mid-cycle congressional redistricting plan that could eliminate a Democratic seat. Also: a Strict Scrutiny history lesson on the “segregation academies” created across the South in resistance to school integration, and how new proposed regulations from the Trump administration have the potential to utterly remake education and turn the dial back to a time when American education was racially divided. Then Melissa, Leah and Kate sit down with Niko Bowie & Daphna Renan to talk about their new book, Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway for Supremacy here! Public comments on racial nondiscrimination in private schools here. Favorite Things: Melissa:Rashad Robinson’s From Presence to Power: How to Take On the Fights That Matter--and Win; Where the Girls Were by Kate Schatz; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck by Sophie Elmhirst Rashad: U.S. Open specifically Coco Gauff, Frances Tiafoe, and Ben Shelton; ADULTS, The Scrub Episode (FX); The Disappearers by Marlon James Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
Nate Silver, Clare Malone, and Galen Druke discuss the most competitive Senate races heading into the midterms in this excerpt from their new podcast, Still Counting. To hear the rest, head over to Still Counting and subscribe! New episodes drop every Wednesday evening. You can request a transcript by emailing transcripts@crooked.com. Include the podcast name, episode title, and air date. Please allow 48 hours for delivery.
In part two of our Hot Supreme Court Reform September series, Kate and the Brennan Center’s Alicia Bannon make the case for term limits for the Court. The idea has bipartisan support, but what would they look like in practice? And, crucially, does Congress have the power to impose them? Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
How do you solve a problem like SCOTUS? Kate kicks off our Hot Supreme Court Reform September series with the New York Times’ Jamelle Bouie. They dig into the ins and outs of expanding the Court: what the process could look like, the argument for making the entire federal judiciary bigger, and how to avoid an FDR-style fail. Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
In this bonus episode, Leah and Melissa break down the Supreme Court’s decision to let Trump move forward with plans for a White House ballroom, despite lower courts finding that the project cannot proceed without congressional authorization and appropriated funds. They also discuss a whistleblower’s allegations that the federal government is defying court orders on voting by mail, and new reporting from Jodi Kantor on the Supreme Court’s secretive policies governing when the justices’ papers and internal records will be made public. Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
Kate and Leah break down last week's atrocious shadow docket order on the President's wildly illegal executive order concerning elections and absentee ballots, which furthers the administration's effort to, as Justice Ketanji Brown Jackson warns, "foment chaos ahead of the November elections." Then, after touching on other legal news from the week, Leah speaks with former Governor of North Carolina—and current Senate candidate—Roy Cooper about the Court’s gutting of election law and what he’ll do about it when he’s elected. Finally, we kick off Hot SCOTUS Reform September with a conversation about docket reform featuring One First’s Steve Vladeck. Look out for our bonus series on Supreme Court reform every Thursday in September! Favorite things: Leah: Pumpkin spice latte season; Taylor Swift’s Icon Session; Operation Metro Surge resistance takes center stage in State Fair art (MPR News); KBJ’s dissent in Trump v. California Kate: Paradiso 17, Hannah Lillith Assadi; Ordinary People, Extraordinary Times, Skye Perryman; The Political Supreme Court, Rachel A. Shelden; End Times Fascism, Naomi Klein and Astra Taylor; meeting Mikey Friedman and learning about Page Break; Dolly Parton tributes Take the Strict Scrutiny survey. New Strict merch available here. 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 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 transcripts@crooked.com
In the second episode of our Know Your Rights series, Leah and Melissa sit down with NYU Law’s Daniel Harawa to break down what you do—and don't—have to say when law enforcement stops you. They cover the difference between being seized and a consensual encounter, and the crucial distinction between knowing your rights on paper and using your judgment to stay safe in the moment. 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 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 transcripts@crooked.com
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 Leah is joined by guest co-host Somil Trivedi, advocacy director & senior counsel at Court Accountability, to run through last week’s legal news, which involves a whole lot of straight up fascism, the corruption that enables it, and the rising tide of Christian nationalism. They also ask the important questions: Who’s the richest SCOTUS justice? And…what exactly is Trump babysitter Natalie Harp’s whole deal? Then Melissa sits down with Jesse Wegman for a conversation about his book, The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution. Favorite Things: Leah: The Natalie Harp saga; The Five-Star Weekend (Peacock); Lost Weekend, Phoebe Bridgers; He Was Deported to a Country He’d Never Heard Of. He May Never Go Free, Nicholas Casey (NYT); Kate’s conversation with Julia Angwin and Ami Fields-Meyer about their book, On Courage; The Wrong Kind of American, Julia Curlee (The Atlantic) Somil: Lost Weekend, Phoebe Bridgers; Frozen Charlotte, Jack White 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 transcripts@crooked.com
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 is joined by Liz Oyer, former DOJ pardon attorney and federal public defender, to tick through last week’s news. Among the items covered: Todd Blanche’s swearing-in by lackey Emil Bove, the latest attempt by the administration to expand executive privilege, the renewed vendetta against the Fed’s Lisa Cook, and John Roberts’ Substack debut…That’s right, the Chief is out here postin’. Then, a conversation with Julia Angwin and Ami Fields-Meyer about their new book, On Courage: How to Be a Dissident in an Age of Fear. Check out Liz’s podcast, Is This Really Legal?. Favorite things: Kate: Just Security’s Reinvention Blueprints; One Woman’s Message From the Hell of ICE Detention, Maryam Tahmasebi; John Oliver on the DOJ; Trump’s catering cart caper Liz:How to Rule the World: An Education in Power at Stanford University, Theo Baker; The Things We Never Say, Elizabeth Strout; Ponies (Peacock) 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 transcripts@crooked.com
In part one of our two-part Know Your Rights series, Leah speaks with Brooklyn Law School’s Jocelyn Simonson about copwatching. They cover what the law says about filming police and federal officers like ICE agents, the line between protected observation and unlawful interference, and how to think about navigating the gap between exercising your constitutional rights and personal safety. Jocelyn’s book is Radical Acts of Justice: How Ordinary People Are Dismantling Incarceration. 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 transcripts@crooked.com
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 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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com
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 transcripts@crooked.com.
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 transcripts@crooked.com.
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
Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani, which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City. Favorite things: Leah:Barack Obama’s speech at the opening of his presidential center, Kate:Michelle Obama’s speech; Obama and Mamdani Show How It’s Done, Jamelle Bouie (NYT) Melissa: Becoming (Netflix); her award-winning audiobook 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
Kate and Leah cover this week’s three Supreme Court opinions—one featuring a killer Ketanji Brown Jackson dissent—before turning to legal news, where bad behavior is everywhere. We’ve got a violent judge who can’t park in Idaho, politically motivated prosecutors in Chicago, and Trump’s generationally incompetent personal lawyers failing to do basic lawyering. Finally, Leah speaks with Mary Moriarty, Hennepin County (MN) Attorney, about the charges her office has filed against ICE agents, the breakdown in cooperation between local authorities and the feds, and FAFO, the new coalition of prosecutors fighting back against federal overreach. The paperback edition of Leah’s book, Lawless, featuring brand-new material is out on Tuesday, June 16. Buy it here! Favorite things: Leah: The Supreme Court Doesn’t Own the Constitution, Jamelle Bouie (NYT); Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week, Chris Geidner (Law Dork) Kate: The Hill, Harriet Clark Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Follow us on Instagram, Threads, and Bluesky
Leah and Melissa break down what may be a new low for the Court: granting Alabama’s request to reinstate racially discriminatory voting maps. Then, they turn to the big questions: how dead is Trump’s slush fund for insurrectionists? Just how awful are Acting AG Todd Blanche and Acting DNI Bill Pulte? Will Michigan’s Democratic senators stand up to Trump’s appalling nominee for a seat on the U.S. District Court for the Eastern District of Michigan? They also cover three SCOTUS opinions from last week before Melissa speaks with Yale Law Professor Judith Resnik about her recent book, Impermissible Punishments: How Prison Became a Problem for Democracy. Favorite things: Leah: Maria Collett’s speech to the PA Senate on LA v. Callais; Autocratic Judging, Rebecca L. Brown and Lee Epstein (UCLA Law Review); AOC for President, Megan Wachspress (Liberal Currents); A Shocking Betrayal of Black Americans, Mara Gay (NYT) Melissa: Imar Lyman at the Kreeger Museum in DC Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Preorder Lawless in paperback (out June 16) Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Follow us on Instagram, Threads, and Bluesky
Leah, Kate, and Melissa recap another busy week in legal news, covering the continued fallout from the Voting Rights Act case, Louisiana v. Callais, the ongoing saga of the DOJ’s insurrectionist slush fund, wild twists with the Broadview Six, more ballroom drama, the curious case of the Georgia judge who had loud sex in her chambers and then lied about it, and more. They also cover SCOTUS opinions involving compassionate release for prisoners and compelled arbitration before Leah speaks with University of Michigan law professor Barbara McQuade about her book, The Fix: Saving America from the Corruption of a Mob-Style Government. Favorite things: Kate: Trump's Illegal $250 Bill: A Micro-History of Autocracy, Ruth Ben-Ghiat (Lucid); How Callais broke the Voting Rights Act and weaponized the equal protection clause, Issa Kohler-Hausmann & Kevin Z. Yang (SCOTUSblog); Beg For Me (JADE Remix), Lilly Allen; Harmeet Dhillon Is Not Wasting Any Time, Quinta Jurecic (The Atlantic); Brown’s Advancing Impact on Maternal and Reproductive Health Lab Leah: Ronny Chieng’s Harvard speech; Hit the Wall, Gracie Abrams; Midnight Sun, Zara Larsson Melissa: Strangers, Belle Burden; her event at Politics and Prose at The Wharf on 6/3/26; Liar's Kingdom: How to Stop Trump's Deceit and Save America, Andrew Weissmann Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Kate, Melissa, and Leah try to wrap their heads around Trump’s nearly $2 billion DOJ slush fund, which they agree may be—despite extremely stiff competition—the biggest act of trolling and self-dealing of his second term. The professors count the ways this is so, so illegal, and speculate on how it can be challenged (looking at you, Congress). They also cover other legal news and some SCOTUS opinions before speaking with Dorothy Roberts about her book, The Mixed Marriage Project: A Memoir of Love, Race, and Family. Enter Leah’s merch giveaway for the paperback edition of Lawless here! Favorite things: Kate: Nikolas Bowie’s testimony before the House Judiciary Committee Leah: It’s Not That Deep, Demi Lovato Melissa: Kin, Tayari Jones Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Kate and Leah break down the Supreme Court’s extension of a stay allowing for continued mail-order access to mifepristone, from the Court’s unconscionable failure to meet its own arbitrary deadline to the unhinged dissents from Justices Thomas and Alito. They also cover last week’s other legal news before speaking with Ari Berman, national voting rights correspondent for Mother Jones, about the devastating fallout from the Court’s ruling in the Voting Rights Act case, Louisiana v. Callais. Finally, Melissa speaks with Kenji Yoshino and David Glasgow about their book, How Equality Wins: A New Vision for an Inclusive America. Favorite things: Kate: Kavanaugh Hegseth Patel Bar Cold Open (SNL); The Shadow Docket (Last Week Tonight with John Oliver); This Is Getting Dangerous, Jamelle Bouie (NYT); Lawyering Without Law (The Knight First Amendment Institute); Give Us the Ballot: The Modern Struggle for Voting Rights in America, Ari Berman Leah: Rock Music (Charli xcx); Sam Alito’s typos Ari: Blame John Roberts for Destroying the Voting Rights Act (Mother Jones); Race and Reunion: The Civil War in American Memory and Frederick Douglass: Prophet of Freedom, David Blight; Reconstruction: America's Unfinished Revolution, 1863-1877, Eric Foner Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Kate & Leah talk to Melissa about her new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, or, as we like to call it at Strict HQ, The Constitution (Melissa’s Version). Then all three unravel what happened with the Virginia Supreme Court invalidating voter-approved redistricting maps, along with other voting-related shenanigans in the wake of Callais. Finally, they talk with Nancy Northup, president and CEO of the Center for Reproductive Rights, about why and how anti-abortion forces are once again targeting mifepristone. Favorite things: Kate: Yesteryear by Caro Claire Burke; NYC Mayor Mamdani skipping the Met Gala to hang out with fashion industry workers; Chris Hayes’ interview with Molly Crabapple on Why Is This Happening?; the Artemis II crew answering kids’ questions on The Daily Leah: Middle of Nowhere, Kacey Musgraves; Dancing on the Wall, MUNA; “Who Will Stand Up to the Supreme Court Justices?” By Niko Bowie and Daphna Renan; “John Roberts Believes in an America That Doesn’t Exist,” by Jamelle Bouie Melissa: Amy Sherald’s Met Gala look Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
The 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. Favorite things: Kate: The Loneliness of Sonia and Sunny, Kiran Desai; Transcription, Ben Lerner Leah: Ariana Grande’s new album announcement; Noah Kahan on tour; SCOTUS Drops The Other Shoe on the Voting Rights Act, Sherrilyn Ifill (Sherrilyn’s Newsletter); The Slaying of the Voting Rights Act by the Coward Samuel Alito, Rick Hasen (Slate); The Supreme Court is Corrupt. This is What We Can Do About It, Jamelle Bouie Melissa: Yesteryear, Caro Claire Burke; Voters Can Be Disenfranchised Now, Adam Serwer (The Atlantic); Legal Defense Fund Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Order Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Kate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
From the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System. Favorite things: Kate: Sexistential, Robyn; USAID Whistleblower Says It Was Even Worse Than People Knew, Vittoria Elliott (Wired); Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; Enrich’s interview on Pod Save the World; Melissa on the Work Friends podcast Leah: The Great Divide, Noah Kahan; Kahan’s Tiny Desk Concert; It Is Time for Ruthless Aggression, Jonathan V. Last (The Bulwark); The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing, Brian Beutler (Off Message); Sanewashing the Emergency Docket, Steve Vladeck (One First); The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche, Chris Geidner (Law Dork); LEGO Kash Patel videos Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Melissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau. Favorite things: Leah: RFK Jr. and the raccoon penis; Her talk with Steve Vladeck in DC on her upcoming paper, The Passive Vices, on Monday, April 20 at 12:45pm - RSVP here. Melissa: Lady Tremaine, Rachel Hochhauser; Lily Allen’s West End Girl tour; Rumours, Fleetwood Mac Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways. Favorite things: Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie Katie: her dog Lucky Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at http://crooked.com/events Vote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky Join the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/
Last week saw oral arguments in the birthright citizenship case, Trump v. Barbara, and listeners, it finally happened: a legal argument so outlandish from the Trump administration that even this Court will have to rule against him. Leah and Melissa break down the back-and-forth and explain why this case will give SCOTUS credibility it doesn’t deserve. They also cover the President’s firing of the blonde with the binders, Pamela Jo Bondi–pouring one out for her chaotic, destructive reign at the Department of Justice. Favorite things: Leah: The Birthright Con, Jamelle Bouie (NYT); WNBA Players Had an Ace Up Their Sleeve in Pay Negotiations: A Nobel Laureate, Rachel Bachman & Justin Lahart (WSJ) Melissa: Parents as Regulators by Caitlin Millat, forthcoming in UCLA L. Rev.; Harlem Rhapsody, Victoria Christopher Murray; My Boo Buddies; Artemis II Vote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Follow us on Instagram, Threads, and Bluesky
Today the Supreme Court issued its opinion in Chiles v. Salazer, the case involving a Colorado ban on conversion therapy. Leah is joined by Shannon Minter, Legal Director at the National Center for LGBTQ Rights, to break it down. Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky
Kate and guest co-host Ian Bassin of Protect Democracy kick off the show by covering the latest legal news, including developments at the Pentagon and Department of Justice, as well as Trump’s ominous threat to judges. Then, they recap the week’s opinions and oral arguments, focusing on Watson v. RNC, a case that could totally upend mail-in voting. Finally, Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, returns to the show to discuss the asylum case argued before the Court last week, the birthright citizenship case now on deck, and her work with detainees at the Dilley Immigration Processing Center in Texas. Favorite things: Kate: This Is Why Flying Is So Awful, Ganesh Sitaraman (NYT); Why Flying Is Miserable and How to Fix It, Ganesh Sitaraman; The Mixed Marriage Project: A Memoir of Love, Race, and Family, Dorothy Roberts; Law on Trial: An Unlikely Insider Reckons with Our Legal System, Shaun Ossei-Owusu Ian: The World of Yesterday, Stefan Zweig; The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution, Jesse Wegman; the band Idles, and their song Danny Nedelko Elora: Habeas Corpus for Immigrant Detainees: A Practical Guide to Filing Habeas Petitions (Vecina) Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky
Leah, Kate, and Melissa preview this week’s arguments at the Court, including Watson v. Republican National Committee, a challenge over when election offices must receive absentee ballots in order for them to be counted. They also cover a flood of legal news, including the quagmire that is the New Jersey U.S. Attorney’s Office, rulings from lower courts both encouraging (U.S. District Court for the District of Columbia) and grim (the wrong-like-clockwork Fifth Circuit), and the showdown between Senator Rand Paul and Trump’s pick for DHS head, Markwayne “NOSPACES” Mullin. Favorite things: Kate: How to stop a dictator, Zack Beauchamp (Vox); The Case of Kristie Metcalfe (NYT’s The Daily); Project Hail Mary, Andy Weir Leah: The Epic transcript from NJ; luck…or something, Hilary Duff (producer Melody’s pick: Future Tripping; producer Michael’s pick: Adult Size Medium); Her giveaway to celebrate Melissa’s new book (enter here); Melissa: Love Story Official Playlist (Spotify); Paradise (Hulu); Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, Aziza Ahmed. Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader and enter the giveaway for a t-shirt HERE. Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky
Leah, Melissa and Kate go on Corruption Watch to catch up on all the sketchy things happening in the judicial and executive branches. Then, they cover some recent oral arguments and opinions from The Court before bringing you a conversation from last week’s live show in LA with Representative Jimmy Gomez of California’s 34th Congressional District. Favorite things: Kate: The Correspondent by Virginia Evans; Project Hail Mary by Andy Weir; Vladimir on Netflix (adaptation of the book by Julia May Jonas) Leah: Kacey Musgraves, “Dry Spell”; Judge Young’s opinion denying a stay of the remedies he ordered in response to the federal government’s illegal targeting of students & noncitizens based on pro-Palestinian speech; Sonja Starr & Genevieve Lakier, The War on DEI as a Project of Constitutional Subversion Melissa: The Devil is Busy on HBO Max; Good Woman: A Reckoning by Savala Nolan; Love Story: John F. Kennedy Jr. & Carolyn Bessette on Hulu and Disney+ Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky
Kate, Leah, and Melissa break down the oral arguments in United States v. Hemani, a Second Amendment case which challenges a law prohibiting “unlawful users” of controlled substances from possessing a firearm. Then, they cover two truly heinous shadow docket rulings–a case out of New York where SCOTUS’s conservatives seem to have found an impermissible racial gerrymander they believe in, and another on the outing of transgender children–before speaking with California Attorney General Rob Bonta about standing up to the Trump administration on issues like tariffs, federal law enforcement overreach, and antitrust. They also pour one out for Krispy Gnome’s (née Kristi Noem) generationally awful tenure at the Department of Homeland Security. This episode was recorded live at the Herbst Theatre in San Francisco. Favorite things: Kate: This judicial order in Urquilla-Ramos v. Trump Leah: Upcoming Sarah J. Maas books; Melissa’s upcoming book (link below) Melissa: [REDACTED] Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky
International law expert Rebecca Ingber of Cardozo Law joins Leah at the top of the show to talk about the US and Israel's war on Iran. Then, Leah welcomes guest co-host Chris Geidner of Law Dork to run through domestic legal news, including the omission of allegations against Trump from the Epstein files, the President’s MAHA Surgeon General nominee Casey Means’s confirmation hearing, the administration’s wildly illegal halting of Medicaid funds to Minnesota, the role of independent media in Trump 2.0, and some of the stories Chris has been breaking. They also unpack last week’s oral arguments and opinions before Leah is joined by Marc Elias, chair of Elias Law Group and founder of Democracy Docket, to discuss how voting rights are under attack from all three branches of government. Favorite Things: Chris: Upcoming theatre including As You Like It (RSC), The Rock Horror Show (Broadway), and Sunday in the Park With George (Barbican, London) Leah: Upcoming article for the Georgetown Law Review, The Passive Vices; independent media including Law Dork; Democracy Docket; and One First; The Supreme Court is Not "Reining in" Executive Power, Steve Vladeck (One First); Crooked on MS NOW premiering on Saturday at 9pm ET on MS NOW Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky