Strict Scrutiny

Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves the way for a death-row inmate to obtain DNA testing that could prove his innocence.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, then undisclosed real estate deals. Then, if you're wondering about the latest in the mifepristone cases, the hosts breakdown the latest news and what it all means for abortion care nationwide. Kate and Leah also preview two court cases that will be argued at the Supreme Court next week, recap an opinion, and highlight a concerning grant. We want to hear from you! Submit your questions to [email protected] (If sending a voice memo, please keep it to 20 seconds or less) Read ProPublica's reporting on Justice Clarence Thomas's home sale to billionaire republican Harlan Crow. Here's a twitter thread from Leah on the consequences of the Mifepristone ruling Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences. They discuss the lasting effects of the Trump presidency on the Court and the working relationships between Justices, giving listeners a glimpse behind the curtain on some of the most iconic scandals at the Court. Order Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order. Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah and Kate to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the constitutionality of a federal law that prohibits people from encouraging unlawful immigration, and Jack Daniels (yes, the alcohol company) suing a dog toy company over a poop-related joke. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.For a transcript of this episode, go to crooked.com/strictscrutinyGet tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

First things first: WE WON AN AMBIE! Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with Joanna Schwartz about her new book, Shielded: How the Police Became Untouchable. Plus, a quick overview of what we expect from the Supreme Court before it ends its term in late June. Order Shielded: How the Police Became Untouchable at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order! Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s Supreme Court oral arguments on the cases blocking 20 million borrowers from seeing between $10,000 and $20,000 of forgiveness on their federal student loans. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion. Listen to last week’s episode previewing the student debt relief cases Listen to this episode on the federal court case regarding the FDA approval of mifepristone. Follow Strict Scrutiny on Instagram and Twitter. Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching. Follow Strict Scrutiny on Instagram and Twitter. Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Danielle Citron, author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age, joins Leah and Melissa to preview two Supreme Court cases that ask whether online platforms should be held liable for user-uploaded content. Plus, more drip-drip-drip from the investigation of the Dobbs leak. Read The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (use promo code STRICT10 for 10% off!) Read The Onion's incredible amicus brief Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs. Plus, they highlight a federal court opinion that would allow people facing domestic violence orders to possess guns, and President Biden’s (brief) State of the Union comment about vetoing any national abortion ban legislation. Listen to "How SCOTUS gutted our gun laws," about the Supreme Court's recent ruling that the constitutional right to carry a gun extends beyond the home Listen to "What the Fight After Roe Actually Looks Like," which recapped the first two months of a post-Dobbs world Listen to "Roe is dead. Now what?," which captured our immediate reaction to the Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage. Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs. But he warns about the dangerous exemptions that could be carved out through 303 Creative, which the Supreme Court has yet to issue an opinion on, but foreshadowed in its Hobby Lobby opinion. Buy your own copy of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage (use STRICT10 for 10% off!) Read an excerpt of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage Listen to our episode recapping arguments in 303 Creative v. Elenis Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022. Order Lady Justice: Women, the Law, and the Battle to Save America here (use STRICT10 at checkout for 10% off!) Read more about Whole Woman’s Health v. Hellerstedt Watch this documentary about lawyer and activist Pauli Murray, an often under-credited legal pioneer of civil rights, racial justice and gender justice, and listen to Strict Scrutiny's interview with the film makers Learn more about the International Refugee Assistance Project Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court's "investigation" into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access-- an unfortunately commemoration of the 50th anniversary of Roe v. Wade.Here’s the report summarizing the Supreme Court's investigation into who leaked the Dobbs opinion. (TLDR: they still don't know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.)Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- some theories about why the Court hasn't issued any opinions this term, and some breaking news in the investigation over the leaked Dobbs opinion. Listen to our past episode on the 303 Creative v. Elenis case that's mentioned this week. Listen to this episode of America Dissected which features Melissa. She discusses the COVID-19 vaccine mandate cases argument that's discussed in this week's episode. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes in a pair of cases involving labor unions.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recognize the name Constance Baker Motley from Ketanji Brown Jackson's speech upon receiving her nomination to SCOTUS. Motley was the first black woman to be appointed to the federal bench-- and she and Justice Jackson share a birthday. Judge Motley's story illustrates the fights for equality, across race and gender lines, in the mid-20th century.Order Civil Rights Queen at Bookshop.org and use code STRICT10 at check-out for 10% off.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a winter wonderland with this year's list of Our Favorite Things! If you're still doing your holiday shopping, we've got lots of recs.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday. "Debunking the Independent State Legislature Fantasy" with Jamelle Bouie and Carolyn Shapiro "Turning Fan Fiction Into Reality" HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at votesaveamerica.com.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court case before it was public. The story offers a glimpse at a years-long campaign by conservative activists to obtain access to and ingratiate themselves with Supreme Court justices. It's really wild and really disturbing-- so Leah, Kate, and Melissa convene for an emergency episode to discuss.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.Plus, we take a look at the midterm outcomes and what they mean for the courts. Listen to Season 2 of This Land, all about the back story of Haaland v. Brackeen. Read Rebecca Nagle's piece in The Atlantic, "The Supreme Court Case That Could Break Native Sovereignty." Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases. Listen to an episode on race conscious remedies from our spin-off show, Irrational Basis ReviewGet tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers. A former prosecutor and leading authority on sexual violence, Deb's book examines why we are primed to disbelieve allegations of sexual abuse--and how we can transform a culture and a legal system structured to dismiss accusers.This episode contains discussions of sexual violence. Please use discretion and take care of yourselves.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz, National Pork Producers Council v. Ross, and Andy Warhol Foundation for the Visual Arts v. Goldsmith. Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices, joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Leah talks with Wilfred Codrington III about his article, "Purcell in Pandemic," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms?Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases. Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.Read Lee's article, "The Trump Executions," in the University of Texas Law ReviewGet tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject!Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to. For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06]. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28].Opinions discussed:Marietta Memorial Hospital v. Davita [20:23]A case about a Medicare statute and end-stage renal diseaseUS v. Taylor [25:24]A habeas with a positive outcome!Carson v. Makin [43:41]In which the Supreme Court embiggens free exercise rightsShoop v. Twyford [1:00:28]If you’re seeking relief, the answer is “no” & the only question is "why"Berger v. NC State Conference of NAACP [1:01:56]Involves a challenge to North Carolina's voter ID lawBecerra v. Empire Health [1:02:52]Related to Medicare reimbursement rates, with a really weird 5-4 line-upTwo more things: If you missed our episode "What's next in a post-Roe world," you should definitely go back and listen to get a sense of the fight ahead. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent.You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Today the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

It's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights.This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news.Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-argument-by-lady-lawyer case Southwest Airlines v. Saxon [21:07], and the Bivens case, Egbert v. Boule [26:19].Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky