Weekly podcast from Democracy Docket going over the top voting rights, elections and democracy news.
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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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Showdock produces some of the web's finest talk radio shows. Our properties includes System Showdown, The Sports Docket, The Legal Docket, The Blue Zone Report, OnTap, Kwasscast, and This.
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Can Trump Mobilize the Military Without California's Consent?
1:42:55
1:42:55
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1:42:55Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, …
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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.…
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It's Officially Bad Decision Season
1:34:17
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1:34:17Live 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…
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A Blockbuster Non-Opinion and a Fascism Grab Bag
1:24:11
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1:24:11Melissa, 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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Democrats’ Plan to Stop the SAVE Act, DOGE | Sen. Alex Padilla
28:49
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28:49California Senator Alex Padilla foiled Republicans’ attempt to pass the SAVE Act this week. Sen. Padilla joins Marc Elias to discuss protecting voters’ information from DOGE, his experience expanding ballot access as California’s secretary of state and the work Senate Democrats are doing to fight voter suppression. -Sign up for our free newsletters…
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Why Trump is the “Most Corrupt” President Ever | Rep. Greg Landsman
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33:37Ohio Congressman Greg Landsman joins Marc Elias to discuss why Trump is the most corrupt president ever, how the Republicans' budget would gut healthcare for millions and how to remove extremism from Congress. -Sign up for our free newsletters: https://hubs.ly/Q03jcbrc0/ -Become a member of our premium content: https://hubs.ly/Q03jcl0-0t -Support o…
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Will the Courts Let Trump End Birthright Citizenship?
1:44:06
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1:44:06May 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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This is a “Dangerous Moment” for All of Our Civil Rights | Sen. Chris Van Hollen
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39:34Maryland Sen. Chris Van Hollen joins Marc Elias to discuss his trip to El Salvador to see Kilmar Abrego Garcia, the Trump administration's attacks on the rule of law and why all of our civil rights are at risk. -Sign up for our free newsletters: https://hubs.ly/Q03jcbrc0/ -Become a member of our premium content: https://hubs.ly/Q03jcl0-0t -Support …
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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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Will SCOTUS Sign Off on Religious Charter Schools?
1:43:17
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1:43:17Is 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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Can Religious Parents Veto Books in Public Schools?
1:40:02
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1:40:02Kate 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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Are Trump Administration Officials in Criminal Contempt?
1:33:09
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1:33:09Leah, 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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What’s the Future of Planned Parenthood?
1:29:07
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1:29:07Leah 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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The GOP is Full of "Cowards" and "Crazies" | Sen. Andy Kim
34:33
34:33
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34:33New Jersey Sen. Andy Kim hosted a series of town halls in Republican congressional districts after the local representatives refused to do so. Sen. Kim joins Marc Elias to discuss what he heard from voters at these events, his co-Senator Cory Booker's historic speech and why he believes the GOP is no longer a political party. -Sign up for our free …
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Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett)
1:34:18
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1:34:18Jon 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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Deportations and the Death of Due Process
1:25:03
1:25:03
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1:25:03After 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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How to Lose a Democracy in 10 Laws (with Elie Mystal)
1:07:08
1:07:08
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1:07:08Leah, 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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What Every American Can Do To Fight DOGE | Rep. Jamie Raskin
26:51
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26:51Maryland Congressman Jamie Raskin joins Defending Democracy to discuss the state of democracy, how Republicans are ceding their constitutional powers and the one action every American should do to protest DOGE. -Sign up for our free newsletters: http://newsletters.democracydocket.com/yt-subscribe -Become a member of our premium content: https://www…
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The Conservative Push to Sue the Media Into Oblivion
1:11:42
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1:11:42After 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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The United States is in a "Soft Coup" | Joyce Vance
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37:04Former U.S. Attorney and legal expert Joyce Vance talks with Marc Elias about whether the court system can hold Trump accountable, how Trump loyalists are trying to transform the DOJ and why Vance is describing our current political state as a "soft coup." Check out Joyce's Substack: https://substack.com/@joycevance -Sign up for our free newsletter…
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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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The Atextual & Illegal Attack on Birthright Citizenship
1:21:24
1:21:24
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1:21:24Melissa, 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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Republican Explains Why Musk is Trump's Biggest Liability | Sarah Longwell
39:41
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39:41Sarah Longwell — Republican political strategist, publisher of The Bulwark and host of The Focus Group Podcast — joins Marc Elias to discuss the cowardice of so-called moderate Republicans, why Elon Musk is one of the GOP's biggest liabilities and the media landscape. Check out The Bulwark: https://www.thebulwark.com/ -Sign up for our free newslett…
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Yes, We’re in a Constitutional Crisis
1:13:54
1:13:54
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1:13:54Live 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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DOGE Runs Amok & Originalism’s Ahistoricism
1:25:18
1:25:18
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1:25:18This 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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Trump is Making Us Less “Safe” | Rep. Eric Swalwell
27:45
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27:45California Congressman Eric Swalwell joins the podcast to discuss the first few weeks of the second Trump administration, how Trump’s actions are harming our democracy and security and Democrats’ plan to fight back. -Sign up for our free newsletters: http://newsletters.democracydocket.com/yt-subscribe -Become a member of our premium content: https:…
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The Lawlessness, Chaos, & Cruelty of Trump 2.0
1:11:37
1:11:37
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1:11:37Melissa, 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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Trump’s Onslaught of Executive Orders
1:16:57
1:16:57
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1:16:57Post-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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The Lawyers Fighting Trump's Executive Orders | Skye Perryman
33:34
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33:34Skye Perryman, president and CEO of Democracy Forward, joins Marc Elias to discuss the legal efforts to fight against Trump's illegal and unconstitutional executive orders. Check out Democracy Forward's legal response center: https://www.democracy2025.org/ Learn more about Democracy Forward and support its work: https://democracyforward.org/ -Sign …
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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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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! 10/…
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Trump's “Dangerous” Cabinet Nominees and the Jack Smith Report | Rep. Dan Goldman
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33:01
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33:01New York Congressman and former federal prosecutor Dan Goldman gives his opinion on Jack Smith’s report on Donald Trump’s election subversion indictment, whether we’ll see the classified documents report, cabinet nominees and more. -Sign up for our free newsletters: http://newsletters.democracydocket.com/yt-subscribe -Become a member of our premium…
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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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The Promise and Perils of Presidential Power
1:01:56
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1:01:56On 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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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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Jingle Bells, the Fifth Circuit Is Hell
1:10:51
1:10:51
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1:10:51Leah, 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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Rep. Dan Goldman on Jan. 6 Pardons, Trump’s Nominees and Project 2025
35:26
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35:26New York Congressman Dan Goldman joins Marc Elias to discuss how Trump’s proposed January 6 pardons would harm our justice system, political nominees, the implementation of Project 2025 and more. -Sign up for our free newsletters: http://newsletters.democracydocket.com/yt-subscribe -Become a member of our premium content: https://www.democracydocke…
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Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)
1:09:59
1:09:59
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1:09:59Kate, 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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Alabama’s New Map Nets Second Democratic Congressman: Meet Rep. Shomari Figures
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37:06Representative-elect Shomari Figures is Alabama’s new congressman after litigation led to the creation of a second majority-Black district. Figures sits down with Marc Elias to discuss the ongoing fight for voting rights in Alabama, the people of his district and his plans for Congress. -Sign up for our free newsletters: http://newsletters.democrac…
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Gender-Affirming Care in the Court’s Crosshairs
1:06:24
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1:06:24After 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…
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What Happens to Trump’s Criminal Indictments and Convictions Now?
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40:51Now that President-elect Donald Trump is headed back to the White House and Special Counsel Jack Smith asked to dismiss the DC and Florida federal indictments, what happens now? Marc Elias and former federal prosecutor Harry Litman discuss the future of Trump’s federal cases, whether the state cases will continue on and whether we’ll see a Smith Re…
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How Will Trump 2.0 Embolden SCOTUS to Gut the Law?
1:19:24
1:19:24
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1:19:24Kate 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,…
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Trump’s Parade of Clowns, Idiots, and Creeps
1:03:17
1:03:17
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1:03:17Leah, 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…
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Making Sense of the Election and What It Means for the Court
52:39
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52:39After 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…
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Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket
50:24
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50:24After 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…
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When Will We Know the Next President? Your Top Election Questions Answered with Kerry Washington and Marc Elias
39:37
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39:37When will we know who won the presidential election? How exactly do states certify results to the Electoral College? Actor and voting rights activist Kerry Washington has been on the campaign trail for the past few months meeting with voters across the country. Kerry collected voters' questions and concerns about the election and got the answers ri…
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Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
1:27:51
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1:27:51After 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…
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Will Democrats Win the Senate? With Sen. Brian Schatz
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50:44Hawaii Senator Brian Schatz joins the podcast to discuss his thoughts on Democrats’ chances of winning the U.S. Senate and White House, the urgent need to pass the Native American Voting Rights Act and what voters should do between now and Election Day. Don't miss our next events! Election Roadmap: Eva Longoria and Voting Rights Activists on What T…
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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…
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