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Strict Scrutiny

Crooked Media

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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 ...
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Welcome to this week’s episode of the [Insert Podcast Name], where your favorite comedy duo makes sense of the senseless—one sarcastic joke at a time. Here’s what we tackled: 1. Adriana Smith & Georgia’s Dystopian Abortion Laws The tragic story of Adriana Smith—a brain-dead woman being kept on life support against her family’s wishes—highlights jus…
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Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum …
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May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by p…
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00:00 Introductions 01:13 Trump Derangement Syndrome 10:15 Deportation 18:16 Trump Watch 26:18 DNC Leadership 38:43 David Hogg 44:49 South Africa —Once again, YouTube proves to be the worst platform for live streaming. When Jake and I were talking, we were both clear, and constant. Watching the playback? We’re both glitchy. Jesus, get your technolo…
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00:00 Introductions 01:54 Storytime 03:47 Sheduer Sanders 05:05 Pope Trump 09:01 Dave Portnoy 18:43 Shiloh Hendrix 27:35 Harvard 31:37 Raw Milk 35:01 South Carolina —nathan opens the show with a genuine foot-in-your-mouth moment. You have to hear it to believe it. —Yes, we’re talking about him again. Not only did no NFL team want him, the Cleveland…
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Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. T…
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Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions con…
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00:00 Introductions 00:34 The Cleveland Browns 12:53 Bill Belichick & Jordon Hudson 18:55 Michael Scheuer 27:13 Amazon 29:58 Heterosexual Awareness 34:32 Rothko Painting Damaged 38:05 Harvard —Oh, the hilarity… The Cleveland Browns promised Myles Garrett they had their quarterback situation figured out. They promised him. Aaaaaand, now they have 5 …
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00:00 Introductions 01:49 Shedeur Sanders 06:37 Federal Disaster Relief Funds 12:50 Kanye West 20:29 George Santos 29:27 Rex Parris 36:36 Mike Lindell 41:41 Google Maps —nathan is in a low-quality hotel in Kentucky, and walks us through the surroundings. —Shedder Sanders wasn’t a story nathan sent Jake, but it was all the rage while recording and a…
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Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable…
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00:00 Introductions 04:34 Holy Water Illness 10:26 Huffpost 12:45 RFK and Autism 19:43 China, Russia, & Ukraine 23:25 Trump Tariffs 25:07 Beyonce 33:18 Relationships —Easter is upon us! He is risen! nathan ain’t doing nothing; Jake is visiting family. —Oh, you silly, silly Christians. You travel to Ethiopia, think it’s a good idea to drink “holy wa…
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Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they …
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This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and presiden…
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00:00 Introductions 00:32 Anderson Cooper 11:30 Mahmoud Khalil 20:36 NYC Helicopter Accident 25:46 RFK Jr. 32:16 Gayle King —Anderson Cooper made a mistake, live on CNN, at the Bernie Sanders town hall meeting. He accidentally misgendered a woman. Or a non-binary person. Something like that. In reality, it was a big non-issue. The woman corrected A…
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00:00 Introductions 03:30 Morgan Wallen 06:27 Pete Hegseth 12:16 Tariffs! 17:53 Tush Push 29:00 Pat McAfee 37:06 Cory Booker 41:00 Quittin’ Time —Technical issues abound… YouTube says that if you tap “horizontal display” on your live cast, you’ll be able to broadcast in a way that befits the standard 16:9 ratio. Sadly, YouTube lies. For reasons no …
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Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challeng…
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Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the…
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00:00 Introductions 05:16 Save the WNBA 12:36 Conservative Beer 20:15 Mike Lindell 27:43 No Other Land 34:48 Sarah Silverman —We talk energy drinks, travel, and Hawaii. Crossing multiple time zones when traveling is a pain in the tuckus, which Jake remembers from his military days. Also: nathan recommends people watch Beverly Hills Cop annually, be…
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After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and …
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Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Educa…
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00:00 Introductions 01:54 Gene Simmons 16:05 Stephen Pearcy 26:10 Angel Reese 33:01 Elon Musk —Jake has a sty, everyone. His left eye is gross, funny, purple, ugly… So, hopefully you’re listening to this on Spotify, not watching us on YouTube. —You wanted the best, you got the best, the bass player from the hottest band in the mid-to-latter-half of…
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After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich …
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00:00 Introductions 00:56 The Death Penalty 15:06 Republican Town Hall Meetings 20:54 Tariffs! 25:55 TV Recommendations —Jake and nathan have always differed on the death penalty: nathan is for it, Jake is against it. Brad Sigmon became the first person since 2010 to be executed by firing squad. South Carolina did the honors, and Brad himself made …
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00:00 Introductions 02:05 IVF and Gender 08:13 Livechat Comments 11:04 iPhone Bug 13:27 Tulsi Gabbard 17:32 Dear Abby 23:41 Health —Here, we explain that Zoom is most likely at fault for our recent (and perpetual) audio issues. Did we try and fix things by jumping to Google Meet and/or Microsoft Teams? Yes. Yes we did. Google said we can’t record c…
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Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.” Get tickets for…
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Melissa, Leah, and Kate are joined by Professor Kate Masur of Northwestern to talk about just how illegal and off-the-wall Trump’s executive order on birthright citizenship is. Then, the hosts cover the multitude of other horrors coming out of the executive branch, preview February’s SCOTUS cases, touch base with the wackos at the Fifth Circuit, an…
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00:00 Introductions 00:36 Kim Sae-ron 06:38 Gangnam Style singer, PSY 13:41 Social Security & COVID 19:30 Trump Lies 21:26 Hooters 28:39 Free Palestine 33:34 Pete Buttigieg —Kim was a beautiful South Korean actress who took her own life. Why? Because she had a bit too much to drink one night, got behind the wheel of her car, hit a power station (or…
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Live from Fordham Law, Leah, Melissa, and Kate stay on the Trump 2.0 chaos beat. They cover the continued ransacking of the federal government by the new administration, lawlessness at the DOJ, and the gutting of the Consumer Financial Protection Bureau. Finally, they take some time to consider just how much this new administration hates women. Get…
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00:00 Introductions 00:52 Dajua Blanding 06:31 Draft Kings 09:54 Tom Brady 11:21 Kayla Nicole 15:42 Bras 17:34 James Carville 23:21 Anna Paulina Luna 24:57 Drag Queen Story Hour 27:52 Shark Attack —Given the state of things since the inauguration, people have been down in the dumps. Well, we’re here to change that this week, with stories focused on…
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00:00 Introductions 01:15 Tariff Followup 03:21 Plane Crash Followup 06:59 Kanye West 13:20 Trevor Noah 24:00 Oh, Canada 29:30 The Super Bowl —Trump was going to drop tariffs on China, Mexico, and Canada. Everyone (except his lapdog-sycophant Republican legislators) said it was a bad idea; he said, “It’s happening…” And the markets reacted by tanki…
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This week, the ladies react to the ransacking of the federal government by Elon Musk and his fleet of DOGE dorks. Then, Kate and Leah speak with Jonathan Gienapp, professor of law and history at Stanford University and author of Against Constitutional Originalism: A Historical Critique, about what originalists get wrong about history and how the fo…
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00:00 Introductions 01:03 Plane Crash 03:42 DEI 09:39 Harvey Weinstein 11:03 Chinese Incels 16:01 Dank Demoss 19:15 Anti-Abortion States 21:12 Tariffs —The crash of American Airlines Flight 5342 is a tragedy. There’s no other way to describe it. Families are devastated, and will forever be changed. So, naturally, the media is trying to cash in any …
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Melissa, Kate, and Leah continue to assess the fallout from the second Trump administration, including his blatant disregard of the law in firing many inspectors general. They also discuss the mental gymnastics required to blame Wednesday’s tragic plane crash on DEI, the repercussions of the administration's executive orders targeting trans people,…
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Post-inauguration, the Trump administration is wasting no time issuing a flurry of heinous executive orders. Melissa, Kate, and Leah walk through them and then take a look at last week’s SCOTUS arguments. Finally, they answer some listener questions about the Court’s TikTok decision and share some rare but real good Supreme Court news. Here’s the D…
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00:00 Introductions 01:00 Donald Trump 10:06 Elon Musk 18:36 Afghanistan 25:55 Winter Tips 32:35 Netflix —He’s back! Donald Trump is president again, and things are going just swimmingly. Remember that whole, “I have no idea what Project 2025 is?” Lol, ah, good times. What lies. Well, the Project 2025 is in full effect, with Trump signing a slew of…
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Leah, Melissa and Kate cover some breaking news, including Biden’s last-minute declaration that the Equal Rights Amendment is the law of the land. Then, it’s a rollicking ride through Free Speech Coalition v. Paxton, one of the more entertaining oral arguments of late. Come for the hosts’ sharp legal analysis, stay for Justice Alito’s questions abo…
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00:00 Introductions 00:18 The NFL 04:25 Ryan Caldwell 10:45 Caitlin Clark 17:19 Carrie Underwood 25:21 Starbucks 29:36 L.A. Landlords —What happened? Seriously, what happened? The Packers were never gonna go far in the playoffs, but the entire NFC North collapsed! The Vikings and Lions both went one-and-done. The Lions were supposed to dominate! Ug…
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In the first emergency episode of 2025, Kate, Leah and Melissa break down the Court’s unanimous decision to uphold the upcoming TikTok ban in the United States. They cover the implications and possible unintended consequences, and Leah bids farewell to her personal Chinese spy. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/3…
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Leah, Melissa & Kate dive headfirst into an already busy 2025 by detailing the Republican attempt to steal a North Carolina Supreme Court seat, looking at the just-argued TikTok case, parsing through Donald Trump’s various legal challenges, and more. Then, the hosts speak with Michelle Adams, professor of law at the University of Michigan about her…
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00:00 Introductions 01:36 Blake Lively 10:57 Drone vs. Plane Wing 20:22 Alec Baldwin 25:58 Donald Trump —How much is enough? You’re a rich movie star, so you need more? Blake Lively says that the slander campaign against her hurt sales of her hair and beverage products. Which, it might have done. Or, people just weren’t interested in her hair and b…
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On the fourth anniversary of January 6th, Leah, Melissa & Kate dive deep on presidential power: how the presidency became what it is today, transitions of power, and how we’ve seen checks on the power of the president from unexpected quarters. Joining them are two experts: Lindsay Chervinsky, author of Making the Presidency: John Adams and the Prec…
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00:00 Introductions 0:150 Shamsud-Din Jabbar 14:38 DEI in Universities 21:50 Brad Spafford 28:41 Alfred Rava —We begin with apologies. We know we’ve mentioned this several times over the past several weeks, but Jake and his family (wife, two kids, two dogs, cat) are moving. They just got to their new house, which means the first half of craziness h…
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00:00 Introductions 01:53 Blake Lively 12:40 Donald Trump Trolls Denmark 17:33 Matt Gaetz 23:48 Dumb Voters 32:15 The Death Penalty —Happy New Year! Up front, we berate all the podcasts who are on vacation and running old episodes. They’re all lazy, and not worth listening to. We also quickly touch upon unsung hero Luigi Mangione, who was arrested …
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00:00 Introductions 02:34 Florida 12:29 Elon Musk 23:16 NCAA 33:53 Hawk Tuah —In the intro, we apologize for the audio problems YouTube was having during our livecast. Sadly, there’s nothing we can do when YouTube glitches. We also discuss Jake getting drunk and watching the Detroit Lions pound the crap out of the Chicago Bears. —The number one adu…
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In the spirit of the holidays, Leah, Kate & Melissa force themselves to say something nice about each Supreme Court Justice. Yes, all of them. Then they take a break from the tomfoolery at One First Street to share their favorite things. Whether you’re doing some very last-minute holiday shopping, looking to indulge yourself, or craving a good book…
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Leah, Melissa, and Kate cover some breaking news before recapping last week’s SCOTUS arguments. They also touch on some lower-court opinions and court culture including the Fifth Circuit going buck wild (yet again), KBJ’s Broadway debut, Mitch McConnell’s never-ending hypocrisy, and TikTok’s fate in America. Get tickets for STRICT SCRUTINY LIVE – T…
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00:00 Introductions 00:56 Corporate Comedy 06:24 Young Love 14:01 Nancy Parker 22:04 Hoax 25:33 Jersey Drones 30:02 Alex Jones 34:17 Sophie Rain —nathan had a corporate show the other night. How did it go? Let’s listen in… We also discuss the fact Jake is moving. —Right off the bat, we jump into viewer comments. A 19-year-old kid wants to know if h…
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00:00 Introductions 01:29 United Health CEO 03:33 We Are 100 06:04 Hawk Tuah 17:40 KISS 27:56 Jason Zugai 32:48 Mitch McConnell 33:14 Hunter Biden —Anthony Eugenio joins the idiots. —It was all the rage last week, but we really don’t spend a lot of time covering the death of Brian Thompson. We do find it incredibly amusing that Internet Slueths, wh…
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Kate, Melissa, and Leah break down United States v. Skrmetti, the Court’s big case on gender-affirming care for minors, with the ACLU’s Chase Strangio. Chase is one of the lawyers who argued the case–as well as the first known transgender lawyer to argue at the Supreme Court. The hosts then make a pit stop at the always-out-there Fifth Circuit befo…
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