Best Project On Constitutional Originalism Podcasts (2025)

1
9-0, but Make It Complicated 1:32:41

3d ago1:32:41

1:32:41

Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because.…

1
It's Officially Bad Decision Season 1:34:17

10d ago1:34:17

1:34:17

Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welco…

1
A Blockbuster Non-Opinion and a Fascism Grab Bag 1:24:11

17d ago1:24:11

1:24:11

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 …

1
Will the Courts Let Trump End Birthright Citizenship? 1:44:06

24d ago1:44:06

1:44:06

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…

1
The Supreme Court’s ‘Lawless’ Era 1:36:01

1M ago1:36:01

1:36:01

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…

1
Will SCOTUS Sign Off on Religious Charter Schools? 1:43:17

1M ago1:43:17

1:43:17

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…

1
Can Religious Parents Veto Books in Public Schools? 1:40:02

2M ago1:40:02

1:40:02

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…

1
Are Trump Administration Officials in Criminal Contempt? 1:33:09

2M ago1:33:09

1:33:09

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 …

1
SCOTUS Lets Trump Play Word Games 1:30:18

2M ago1:30:18

1:30:18

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…

1
What’s the Future of Planned Parenthood? 1:29:07

2M ago1:29:07

1:29:07

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…

1
Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett) 1:34:18

2M ago1:34:18

1:34:18

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…

1
Deportations and the Death of Due Process 1:25:03

3M ago1:25:03

1:25:03

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 …

1
How to Lose a Democracy in 10 Laws (with Elie Mystal) 1:07:08

3M ago1:07:08

1:07:08

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…

1
The Conservative Push to Sue the Media Into Oblivion 1:11:42

3M ago1:11:42

1:11:42

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 …

1
Pod Save the Separation of Powers 1:17:44

3M ago1:17:44

1:17:44

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…

1
The Atextual & Illegal Attack on Birthright Citizenship 1:21:24

4M ago1:21:24

1:21:24

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…

1
Yes, We’re in a Constitutional Crisis 1:13:54

4M ago1:13:54

1:13:54

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…

1
DOGE Runs Amok & Originalism’s Ahistoricism 1:25:18

4M ago1:25:18

1:25:18

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…

1
The Lawlessness, Chaos, & Cruelty of Trump 2.0 1:11:37

4M ago1:11:37

1:11:37

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,…

1
Trump’s Onslaught of Executive Orders 1:16:57

5M ago1:16:57

1:16:57

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…

1
SCOTUS's Porn Problem 1:13:37

5M ago1:13:37

1:13:37

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…

1
SCOTUS Unanimously Upholds TikTok Ban 38:05

5M ago38:05

38:05

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! 6/1…

1
Is TikTok’s Time Up? 1:23:54

5M ago1:23:54

1:23:54

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…

1
The Promise and Perils of Presidential Power 1:01:56

5M ago1:01:56

1:01:56

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…

1
Our Favorite Things, 2024 1:04:39

6M ago1:04:39

1:04:39

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…

1
Jingle Bells, the Fifth Circuit Is Hell 1:10:51

6M ago1:10:51

1:10:51

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…

1
Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio) 1:09:59

6M ago1:09:59

1:09:59

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…

1
Gender-Affirming Care in the Court’s Crosshairs 1:06:24

6M ago1:06:24

1:06:24

After touching on some shenanigans from the Federalist Society’s National Lawyers Convention and Chuck Schumer’s lousy deal on judicial appointments, Leah, Kate, and Melissa preview December’s upcoming Supreme Court cases. The Justices will hear arguments in cases about gender-affirming care for minors, the FDA’s denial of authorization to flavored…

1
How Will Trump 2.0 Embolden SCOTUS to Gut the Law? 1:19:24

7M ago1:19:24

1:19:24

Kate and Melissa comb through the latest from the incoming Trump administration, including the subbing in of Pam Bondi for Matt Gaetz for Attorney General. Then, they take a look at the areas of law that will be hit hardest during a second Trump term. Finally, all three hosts speak with Judge David Tatel, formerly of the DC Circuit, about his book,…

1
Trump’s Parade of Clowns, Idiots, and Creeps 1:03:17

7M ago1:03:17

1:03:17

Leah, Melissa, and Kate wade through more election fallout, including President-elect Trump’s proposed use of recess appointments to jam his cabinet picks through. Also covered: this week’s SCOTUS arguments, the tryhards auditioning to be Trump Supreme Court nominees, and why everyone should shut up about Justice Sotomayor retiring. Get tickets for…

1
Making Sense of the Election and What It Means for the Court 52:39

7M ago52:39

52:39

After processing the election and thinking through what it means for the future of the Supreme Court, Kate and Leah dig into a Voting Rights Act case newly added to SCOTUS’s docket. They also tackle this week’s cases on the False Claims Act, compensation for hospitals that treat low-income people, the Fair Labor Standards Act, and federal securitie…

1
Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket 50:24

7M ago50:24

50:24

After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA). Get tickets fo…

1
Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs 1:27:51

8M ago1:27:51

1:27:51

After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War…

1
SCOTUS’s Endless Beef with the EPA 1:04:14

8M ago1:04:14

1:04:14

Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a pe…

1
"Ghost Guns" are Guns (Duh) 47:15

8M ago47:15

47:15

After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet. Get tickets fo…

1
An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice 1:19:31

8M ago1:19:31

1:19:31

Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of…

1
Steel Yourself for a New SCOTUS Term 1:09:06

9M ago1:09:06

1:09:06

Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In othe…

1
No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar 1:18:43

9M ago1:18:43

1:18:43

Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the Peo…

1
The Battle for Native Rights & Comstock: The Zombie Law From Hell 1:02:26

9M ago1:02:26

1:02:26

Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to …

1
Reform, Repression, & Reproductive Rights (Live from Texas!) 58:09

9M ago58:09

58:09

This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminate…

1
Shining a Light on State Supreme Court Races 1:14:29

9M ago1:14:29

1:14:29

In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Car…

1
Project 2025 (cont.): The Fascist Plan to Plunder the Government 54:10

10M ago54:10

54:10

To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 6/12 – NYC 10/4 – Chicago Learn mor…

1
Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks 1:01:36

10M ago1:01:36

1:01:36

Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law Scho…

1
State of the Uterus: Two Years After the End of Roe 1:02:38

10M ago1:02:38

1:02:38

In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Wome…

1
Project 2025 (cont.): DEI for Men With Terrible Personalities 1:27:49

10M ago1:27:49

1:27:49

Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge …

1
Project 2025: 900 Pages and 100% Deranged 1:19:14

11M ago1:19:14

1:19:14

Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights. Get tickets fo…

1
The Hubris and Hackery of Aileen Cannon 1:13:49

11M ago1:13:49

1:13:49

Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s…

1
We Read Josh Hawley's Book So You Don't Have To 1:02:56

11M ago1:02:56

1:02:56

Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually wa…

1
A Terrible, Horrible, No Good, Very Bad Term 1:15:49

11M ago1:15:49

1:15:49

Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone? In case you want to hear our predictions for yourself, go…

1
SCOTUS Hands Trump Presidential Immunity 46:04

12M ago46:04

46:04

It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of…

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Project On Constitutional Originalism Podcasts

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