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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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This week on the podcast, your two favorite comedians discuss… —Cracker Barrel Caves —The Gap —NFTs 00:00 Introductions 00:53 Cracker Barrel 14:08 The Gap 23:08 NFTs 27:52 Snoop Dog 40:10 Tesla 40:26 Trump Cracker Barrel Those sissies caved. Conservatives were outraged (more so than whenever a school tragedy happens), so the powers that be cried “U…
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This week on the podcast, your two favorite comedians discuss… —Cracker Barrel —Male Cheerleaders —The Pulse Memorial 00:00 Introductions 02:02 Cracker Barrel 11:42 Male Cheerleaders 19:54 Pulse Memorial 26:44 Carnival Cruise Lines 29:23 Jussie Smollett 34:04 Mr. Beast 38:28 Gavin Newsom Cracker Barrel The news doesn’t get much bigger than this… Cr…
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The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney genera…
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Kate and Leah recap the week's legal news, including argument calendars for the next SCOTUS term and President Trump's attempted federal takeover of Washington, DC. Then, it's our third annual State of The Uterus episode. Melissa and Leah talk with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, and Lisa Be…
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This week on the podcast, your two favorite comedians discuss… —Pete Davidson —The American Farmer —Playboy 00:00 Introductions 02:54 Pete Davidson 10:39 Farmers 12:51 Automakers 15:39 Playboy Introductions Jake praises China, and Chairman Xi, in order to curry his favor and become a certified creator on TikTok, that he may become a co-host of the …
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This week on the podcast, your two favorite comedians discuss… —Star Wars —Taiwan/China 00:00 Introductions 02:23 China & Taiwan 10:33 Gina Carano 35:30 French Farmers 45:08 Teddy Bridgewater Introduction: TikTok is the absolute worst. Taiwan Out of nowhere, Jake makes a joke about how/why TikTok sucks, and for reasons no one understands, we go dow…
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Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Pro…
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This week on the podcast, your two favorite comedians discuss… —Sydney Sweeney’s Jeans —Hulk Hogan —Kamala Harris 00:00 Introductions 07:55 Modern English 09:22 Thailand vs. Cambodia 11:29 The Washington Redskins 13:47 Sydney Sweeney 26:16 Kamala Harris 32:58 Buddhist Monks 35:21 Derek Huffman 41:03 The Economy Hulk Hogan Jake’s dad passed away, bu…
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Leah and guest co-host Mark Joseph Stern of Slate and the Amicus podcast run through what’s been happening in the courts this week, including disturbing attacks on judges, the confirmation of the extremely unsavory Emile Bove, and Amy Coney Barrett’s upcoming appearance with Bari Weiss. Then, Kate and Melissa speak with Jessica Calarco, sociologist…
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Kate and Leah break down the week’s legal happenings, including Trump’s flailing efforts to manage the Epstein fallout, the latest abomination from the shadow docket, and the legal quagmire surrounding Trump lackey Alina Habba’s appointment as U.S. Attorney for New Jersey. Then, they speak with law professors—and former clerks for David Souter—Alli…
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Well, we’ve never missed a week before. We record over Christmas, Easter… Hell, each and every holiday. When other podcasts go on break, we keep on keeping on. But, this week, Jake lost a parent. Thing is, he would’ve recorded anyway, if not for the logistics of it all. So, a tale of loss to hold you over until we can go back to mocking everything.…
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Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration. Hosts’ favorite things: Kate: Legalistic Noncomp…
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This week on the podcast, your two favorite comedians discuss… —The Coldplay Couple —Iran —Jeffrey Epstein 00:00 Introductions 00:55 Coldplay 08:01 Iran 14:33 Thailand 19:47 Jeffrey Epstein 30:52 The Mortician 40:42 Billy Joel —nathan avoided burping into the microphone. Someone give him an award. —Coldplay can sell out stadiums! Who knew?? Just an…
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This week on the ‘cast, we discuss —Jeffrey Epstein —Elon Musk —Zorhan Mamdani 00:00 Introductions 08:33 Jeffrey Epstein 20:07 Alex Jones 24:29 Zorhan Mamdani 37:46 Elon Musk 43:48 Cedar Point —Up front, we talk YouTube troubles, and AI. Jake had massive problems with the Verizon Wireless chatbot, which sent him all over town looking for a router. …
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Katie Phang, independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trum…
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With July upon us and bad decision season (mercifully) over, Leah, Kate and Melissa take a step back to recap this year’s SCOTUS term. They highlight some of the overarching themes, break down the biggest opinions, and look back at the moments they’ll remember forever–whether they want to or not. Hosts’ favorite things: Melissa: KBJ’s footnote 12 i…
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00:00 Introductions 09:57 Puff Daddy Verdict 19:57 Bryan Kohberger 22:24 The Big Beautiful Bill 29:04 TikTok 37:09 Sneak Preview —Cedar Point… Is it worth it? Sadly, no. The rollercoasters are fun, but the cost is too high for what you get. Jake likes Adventureland, Iowa’s answer to Six Flags. (Jake doesn’t like Field of Dreams, because he has no s…
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00:00 Introductions 00:33 Zorhan Mamdani 10:06 Natalie Imbruglia 13:54 Iran 17:46 Chip Caray 27:40 Hetero Awesome Fest 31:15 Impeach Trump! —Introductions: Hellos to you. —New York City didn’t elect a new mayor, nathan got that wrong. But, Zohran Mamdani won the primary on the Democratic side of things —In a shocking news update, Natalie Imbruglia …
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Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s …
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In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: htt…
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In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’…
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First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes spo…
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00:00 Introductions 01:20 Surviving Ohio State 17:17 OceanGate 35:09 Cruz vs. Carlson 44:48 Trump Phone 45:21 Immigration & ICE 46:42 Mike Lindell —Introductions: A brief touch on the weather, because small talk is wonderful up front. —Surviving Ohio State: Wow, Jim Jordan is one of the worst people on the planet. It’s one thing to be mentally dera…
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00:00 Introductions 01:45 Hulk Hogan 10:30 Military Parade 17:34 Poland Pulls Out 23:03 RFK 38:49 Haley Joel Osment —What’s better, driving during the day, or overnight? —Hulk Hogan is going to save America. He’s already put out a (probably) watered down version of “beer” (Germany would probably have something to say about it), and now that parent …
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In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination…
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Melissa, 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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00:00 Introductions 01:10 Hooters 14:41 Operation Spiderweb 23:13 Donald Trump & Elon Musk 27:43 MAHA 34:18 AB Hernandez —nathan will be performing at a birthday party. Wish him luck. —Hooters is facing bankruptcy, and closing locations. A business built on lies and misdirection—the actual waitresses were never as pretty as advertised—can’t stay af…
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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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00:00 Introductions 01:28 Sydney Sweeney 12:57 Private Function 20:18 Tesla 24:32 Mark Davis 28:44 Final Destination Bloodlines —nathan is injured. Again. —One of the most attractive women on the planet is cashing in on the stupidity of men, and we are here for it. We discuss everything from the HBO show Real Sex, to all the silly things men buy fr…
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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…
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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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