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Strict Scrutiny

Strict Scrutiny

Strict Scrutiny 411 Episodes Oct 19, 2026

Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three constitutional law professors—Leah Litman, Kate Shaw, and Melissa Murray—it provides in-depth, accessible, and irreverent analysis of the Court's cases, culture, and personalities. Each week, the hosts break down the latest headlines and biggest legal questions, emphasizing what they mean for daily lives. New episodes are released every Monday, with bonuses whenever the Supreme Court makes significant rulings.

Episodes

Sex Trafficking Lawsuits, Privacy Rights, and a Court That Can’t Keep Up
Sex Trafficking Lawsuits, Privacy Rights, and a Court That Can’t Keep Up Oct 19, 2026 5627 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 Commissi
Will SCOTUS Let Big Oil Off the Hook?
Will SCOTUS Let Big Oil Off the Hook? Oct 12, 2026 5657 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 d
The Supreme Court Allows Third-Country Deportations to Continue
The Supreme Court Allows Third-Country Deportations to Continue Oct 5, 2026 5118 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 t
We Need to Talk About Ethics Reform
We Need to Talk About Ethics Reform Oct 1, 2026 2800 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 mo
A New Term of Supreme Chaos
A New Term of Supreme Chaos Sep 28, 2026 5939 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, Tru
We Need To Talk About Jurisdiction Stripping
We Need To Talk About Jurisdiction Stripping Sep 24, 2026 2780 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 ve
Trump’s Assault on the Free Press
Trump’s Assault on the Free Press Sep 21, 2026 5056 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 R
We Need To Talk About Judicial Review
We Need To Talk About Judicial Review Sep 17, 2026 3081 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 Cour
BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BS
BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BS Sep 15, 2026 1950 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 ene
How Trump is Using the IRS to Resegregate America
How Trump is Using the IRS to Resegregate America Sep 14, 2026 5698 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 Scruti
Still Counting: Trump vs. The BLUE WAVE: A Midterm Extravaganza
Still Counting: Trump vs. The BLUE WAVE: A Midterm Extravaganza Sep 11, 2026 1376 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 a
We Need to Talk About Term Limits
We Need to Talk About Term Limits Sep 10, 2026 2212 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 c

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