Explorez tous les épisodes du podcast Strict Scrutiny
| Titre | Date | Durée | |
|---|---|---|---|
| We Need to Talk About Term Limits | 10 Sep 2026 | 00:36:52 | |
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 credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Follow us on Instagram, Threads, and Bluesky | |||
| We Need To Talk About Court Expansion | 03 Sep 2026 | 00:44:34 | |
How do you solve a problem like SCOTUS? Kate kicks off our Hot Supreme Court Reform September series with the New York Times’ Jamelle Bouie. They dig into the ins and outs of expanding the Court: what the process could look like, the argument for making the entire federal judiciary bigger, and how to avoid an FDR-style fail. Take the Strict Scrutiny survey. Follow us on Instagram, Threads, and Bluesky | |||
| SCOTUS Greenlights Trump's Ballroom | 01 Sep 2026 | 00:34:24 | |
In this bonus episode, Leah and Melissa break down the Supreme Court’s decision to let Trump move forward with plans for a White House ballroom, despite lower courts finding that the project cannot proceed without congressional authorization and appropriated funds. They also discuss a whistleblower’s allegations that the federal government is defying court orders on voting by mail, and new reporting from Jodi Kantor on the Supreme Court’s secretive policies governing when the justices’ papers and internal records will be made public.
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| Is SCOTUS Letting Trump Meddle in the Midterms? | 31 Aug 2026 | 01:29:43 | |
Kate and Leah break down last week's atrocious shadow docket order on the President's wildly illegal executive order concerning elections and absentee ballots, which furthers the administration's effort to, as Justice Ketanji Brown Jackson warns, "foment chaos ahead of the November elections." Then, after touching on other legal news from the week, Leah speaks with former Governor of North Carolina—and current Senate candidate—Roy Cooper about the Court’s gutting of election law and what he’ll do about it when he’s elected. Finally, we kick off Hot SCOTUS Reform September with a conversation about docket reform featuring One First’s Steve Vladeck. Look out for our bonus series on Supreme Court reform every Thursday in September! Favorite things:
New Strict merch available here. You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Follow us on Instagram, Threads, and Bluesky | |||
| Know Your Rights: Do You Have to Talk to Cops? | 27 Aug 2026 | 00:37:16 | |
In the second episode of our Know Your Rights series, Leah and Melissa sit down with NYU Law’s Daniel Harawa to break down what you do—and don't—have to say when law enforcement stops you. They cover the difference between being seized and a consensual encounter, and the crucial distinction between knowing your rights on paper and using your judgment to stay safe in the moment. You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless, now out in paperback Follow us on Instagram, Threads, and Bluesky For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com | |||
| What Does Peak Fascism Look Like? | 24 Aug 2026 | 01:52:52 | |
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| All the President’s Henchmen | 17 Aug 2026 | 01:36:24 | |
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Favorite things:
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| Know Your Rights: Copwatching 101 | 13 Aug 2026 | 00:38:33 | |
In part one of our two-part Know Your Rights series, Leah speaks with Brooklyn Law School’s Jocelyn Simonson about copwatching. They cover what the law says about filming police and federal officers like ICE agents, the line between protected observation and unlawful interference, and how to think about navigating the gap between exercising your constitutional rights and personal safety. Jocelyn’s book is Radical Acts of Justice: How Ordinary People Are Dismantling Incarceration. Follow us on Instagram, Threads, and Bluesky Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless, now out in paperback Follow us on Instagram, Threads, and Bluesky For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com | |||
| Sometimes, These F*ckers Lose | 10 Aug 2026 | 01:31:06 | |
Melissa and Justice Correspondent for The Nation Elie Mystal sift through the results of last week’s primaries, including good news from Missouri and Kansas, with a detour on why Michigan Senate candidate Abdul El-Sayed needs to shape up on Court reform. Then, the latest installment of Todd Blanche’s confirmation process for Attorney General and the many misdeeds at the department he hopes to permanently lead: letting insurrectionists off the hook, the targeting of the Southern Poverty Law Center as well as a progressive judge who used to work there, and assaults on the fourth estate. Also: welcome to the resistance…Jeanine Pirro? And finally, a late-breaking update on the Trump administration's continuing war on birthright citizenship. Favorite things:
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| Will Trump Succeed in Rigging the Midterms? | 03 Aug 2026 | 01:31:27 | |
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Favorite things:
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| Dude Process, Not Due Process | 27 Jul 2026 | 01:29:20 | |
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| How Bad Is Trump's Attorney General Pick? | 20 Jul 2026 | 01:26:47 | |
Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s personal lawyer, you’re forever Trump’s personal lawyer. Then, a conversation about making the courts an electoral issue and why we need fresh candidates for judicial seats with Run for Something’s Amanda Litman. Finally, ahead of a crucial August 4th ballot measure in Kansas, Kate speaks with Micah Kubic, Executive Director of the ACLU of Kansas, and Emily Wales, President and CEO of Planned Parenthood Great Plains, about how Republicans in Kansas are trying to change how justices are selected for the state supreme court in order to walk back abortion rights. Check out Katie’s YouTube channel & Substack and pre-order Amanda Litman’s book, When We’re in Charge, in paperback. Favorite things:
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Follow us on Instagram, Threads, and Bluesky | |||
| Our Long Road Out of Autocracy | 13 Jul 2026 | 01:27:53 | |
Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, autocracy, and the rule of law. They discuss how the Supreme Court has been “captured,” the ways Donald Trump is attempting to remake Washington, D.C., in his image, and what Hungary can teach us about autocracy and how to recover from it. Favorite things:
Follow us on Instagram, Threads, and Bluesky For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com | |||
| Surveying the Wreckage of This Supreme Court Term | 06 Jul 2026 | 01:32:29 | |
Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here! Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Follow us on Instagram, Threads, and Bluesky | |||
| SCOTUS Just Barely Preserves Birthright Citizenship | 30 Jun 2026 | 00:59:24 | |
In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR. Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless, now out in paperback Follow us on Instagram, Threads, and Bluesky For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com | |||
| SCOTUS Kills Independent Agencies, Expands Presidential Power | 29 Jun 2026 | 00:53:39 | |
In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC. Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless, now out in paperback Follow us on Instagram, Threads, and Bluesky For a transcript of an episode of Strict Scrutiny, please email transcripts@crooked.com. | |||
| SCOTUS Keeps Rewriting Gun History | 29 Jun 2026 | 01:20:52 | |
Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case, Wolford v. Lopez, which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides. They wrap up the show with some of the latest voting rights news. Favorite things:
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Follow us on Instagram, Threads, and Bluesky | |||
| BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies | 25 Jun 2026 | 00:37:42 | |
In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.” Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com | |||
| Why is SCOTUS Hoarding Opinions? | 22 Jun 2026 | 01:26:53 | |
Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani, which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City. Favorite things:
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com | |||
| The Malicious Incompetence of Trump's DOJ | 15 Jun 2026 | 01:18:54 | |
Kate and Leah cover this week’s three Supreme Court opinions—one featuring a killer Ketanji Brown Jackson dissent—before turning to legal news, where bad behavior is everywhere. We’ve got a violent judge who can’t park in Idaho, politically motivated prosecutors in Chicago, and Trump’s generationally incompetent personal lawyers failing to do basic lawyering. Finally, Leah speaks with Mary Moriarty, Hennepin County (MN) Attorney, about the charges her office has filed against ICE agents, the breakdown in cooperation between local authorities and the feds, and FAFO, the new coalition of prosecutors fighting back against federal overreach. The paperback edition of Leah’s book, Lawless, featuring brand-new material is out on Tuesday, June 16. Buy it here!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Follow us on Instagram, Threads, and Bluesky | |||
| Affirmative Action for Mediocre Men | 08 Jun 2026 | 01:24:14 | |
Leah and Melissa break down what may be a new low for the Court: granting Alabama’s request to reinstate racially discriminatory voting maps. Then, they turn to the big questions: how dead is Trump’s slush fund for insurrectionists? Just how awful are Acting AG Todd Blanche and Acting DNI Bill Pulte? Will Michigan’s Democratic senators stand up to Trump’s appalling nominee for a seat on the U.S. District Court for the Eastern District of Michigan? They also cover three SCOTUS opinions from last week before Melissa speaks with Yale Law Professor Judith Resnik about her recent book, Impermissible Punishments: How Prison Became a Problem for Democracy. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Lawless in paperback (out June 16) Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader | |||
| Ballrooms, ‘Bama and (Very) Bad Behavior | 01 Jun 2026 | 01:37:49 | |
Leah, Kate, and Melissa recap another busy week in legal news, covering the continued fallout from the Voting Rights Act case, Louisiana v. Callais, the ongoing saga of the DOJ’s insurrectionist slush fund, wild twists with the Broadview Six, more ballroom drama, the curious case of the Georgia judge who had loud sex in her chambers and then lied about it, and more. They also cover SCOTUS opinions involving compassionate release for prisoners and compelled arbitration before Leah speaks with University of Michigan law professor Barbara McQuade about her book, The Fix: Saving America from the Corruption of a Mob-Style Government.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events | |||
| Trump's Heartbreaking Work of Staggering Grift | 25 May 2026 | 01:34:47 | |
Kate, Melissa, and Leah try to wrap their heads around Trump’s nearly $2 billion DOJ slush fund, which they agree may be—despite extremely stiff competition—the biggest act of trolling and self-dealing of his second term. The professors count the ways this is so, so illegal, and speculate on how it can be challenged (looking at you, Congress). They also cover other legal news and some SCOTUS opinions before speaking with Dorothy Roberts about her book, The Mixed Marriage Project: A Memoir of Love, Race, and Family. Enter Leah’s merch giveaway for the paperback edition of Lawless here! Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events | |||
| How SCOTUS is Waging Electoral Warfare | 18 May 2026 | 01:44:06 | |
Kate and Leah break down the Supreme Court’s extension of a stay allowing for continued mail-order access to mifepristone, from the Court’s unconscionable failure to meet its own arbitrary deadline to the unhinged dissents from Justices Thomas and Alito. They also cover last week’s other legal news before speaking with Ari Berman, national voting rights correspondent for Mother Jones, about the devastating fallout from the Court’s ruling in the Voting Rights Act case, Louisiana v. Callais. Finally, Melissa speaks with Kenji Yoshino and David Glasgow about their book, How Equality Wins: A New Vision for an Inclusive America. Favorite things:
Learn more: http://crooked.com/events | |||
| The Constitution (Melissa's Version) | 11 May 2026 | 01:42:37 | |
Kate & Leah talk to Melissa about her new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, or, as we like to call it at Strict HQ, The Constitution (Melissa’s Version). Then all three unravel what happened with the Virginia Supreme Court invalidating voter-approved redistricting maps, along with other voting-related shenanigans in the wake of Callais. Finally, they talk with Nancy Northup, president and CEO of the Center for Reproductive Rights, about why and how anti-abortion forces are once again targeting mifepristone.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events | |||
| Supreme Court Declares Racism Over | 04 May 2026 | 01:31:38 | |
The 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. Favorite things:
Learn more: http://crooked.com/events | |||
| BREAKING: SCOTUS Deals Another Blow to Multiracial Democracy | 29 Apr 2026 | 00:40:36 | |
Kate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events | |||
| How Low Can the DOJ Go? | 27 Apr 2026 | 01:36:42 | |
From the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System. Favorite things:
Learn more: http://crooked.com/events | |||
| SCOTUS Squabbles Go Public | 20 Apr 2026 | 01:37:39 | |
Melissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events | |||
| War Crimes, Christian Nationalism, and the 25th Amendment | 13 Apr 2026 | 01:18:06 | |
Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways. Favorite things:
Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Follow us on Instagram, Threads, and Bluesky | |||
| Birthright Citizenship + Bye-Bye, Pamela Jo Bondi | 06 Apr 2026 | 01:25:43 | |
Last week saw oral arguments in the birthright citizenship case, Trump v. Barbara, and listeners, it finally happened: a legal argument so outlandish from the Trump administration that even this Court will have to rule against him. Leah and Melissa break down the back-and-forth and explain why this case will give SCOTUS credibility it doesn’t deserve. They also cover the President’s firing of the blonde with the binders, Pamela Jo Bondi–pouring one out for her chaotic, destructive reign at the Department of Justice. Favorite things:
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader | |||
| SCOTUS Not Cool With Colorado Ban on Conversion Therapy | 31 Mar 2026 | 00:32:39 | |
Today the Supreme Court issued its opinion in Chiles v. Salazer, the case involving a Colorado ban on conversion therapy. Leah is joined by Shannon Minter, Legal Director at the National Center for LGBTQ Rights, to break it down. Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader | |||
| Will SCOTUS Join the GOP War on Mail-in Ballots? | 30 Mar 2026 | 01:54:58 | |
Kate and guest co-host Ian Bassin of Protect Democracy kick off the show by covering the latest legal news, including developments at the Pentagon and Department of Justice, as well as Trump’s ominous threat to judges. Then, they recap the week’s opinions and oral arguments, focusing on Watson v. RNC, a case that could totally upend mail-in voting. Finally, Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, returns to the show to discuss the asylum case argued before the Court last week, the birthright citizenship case now on deck, and her work with detainees at the Dilley Immigration Processing Center in Texas. Favorite things:
Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| Absentee Ballots, Asylum, and Too Many A**holes to Count | 23 Mar 2026 | 01:18:41 | |
Leah, Kate, and Melissa preview this week’s arguments at the Court, including Watson v. Republican National Committee, a challenge over when election offices must receive absentee ballots in order for them to be counted. They also cover a flood of legal news, including the quagmire that is the New Jersey U.S. Attorney’s Office, rulings from lower courts both encouraging (U.S. District Court for the District of Columbia) and grim (the wrong-like-clockwork Fifth Circuit), and the showdown between Senator Rand Paul and Trump’s pick for DHS head, Markwayne “NOSPACES” Mullin. Favorite things:
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader and enter the giveaway for a t-shirt HERE. Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Make America Grift Again | 16 Mar 2026 | 01:32:32 | |
Leah, Melissa and Kate go on Corruption Watch to catch up on all the sketchy things happening in the judicial and executive branches. Then, they cover some recent oral arguments and opinions from The Court before bringing you a conversation from last week’s live show in LA with Representative Jimmy Gomez of California’s 34th Congressional District. Favorite things:
Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| A Court of Drugs and Guns | 09 Mar 2026 | 01:17:54 | |
Kate, Leah, and Melissa break down the oral arguments in United States v. Hemani, a Second Amendment case which challenges a law prohibiting “unlawful users” of controlled substances from possessing a firearm. Then, they cover two truly heinous shadow docket rulings–a case out of New York where SCOTUS’s conservatives seem to have found an impermissible racial gerrymander they believe in, and another on the outing of transgender children–before speaking with California Attorney General Rob Bonta about standing up to the Trump administration on issues like tariffs, federal law enforcement overreach, and antitrust. They also pour one out for Krispy Gnome’s (née Kristi Noem) generationally awful tenure at the Department of Homeland Security. This episode was recorded live at the Herbst Theatre in San Francisco. Favorite things:
Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| The Conservative Push to Weaken Our Democracy | 02 Mar 2026 | 01:50:31 | |
International law expert Rebecca Ingber of Cardozo Law joins Leah at the top of the show to talk about the US and Israel's war on Iran. Then, Leah welcomes guest co-host Chris Geidner of Law Dork to run through domestic legal news, including the omission of allegations against Trump from the Epstein files, the President’s MAHA Surgeon General nominee Casey Means’s confirmation hearing, the administration’s wildly illegal halting of Medicaid funds to Minnesota, the role of independent media in Trump 2.0, and some of the stories Chris has been breaking. They also unpack last week’s oral arguments and opinions before Leah is joined by Marc Elias, chair of Elias Law Group and founder of Democracy Docket, to discuss how voting rights are under attack from all three branches of government. Favorite Things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| SCOTUS Again Takes on the 2nd Amendment—What Could Go Wrong? | 23 Feb 2026 | 01:18:35 | |
Kate is joined by Friend of the Pod Steve Vladeck (One First) to break down last week’s legal news, including developments around noncompliance in the lower courts and SCOTUS ethics. Then, Leah and Melissa join to preview upcoming arguments before the Court where the Justices will consider important asylum and Second Amendment cases, among others. Finally, Kate speaks with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| BREAKING: SCOTUS Nixes Trump’s Tariffs | 20 Feb 2026 | 00:36:03 | |
In today’s much-anticipated ruling, the Supreme Court struck down Trump's tariffs. But how the opinion, dissent, and concurrences break down paints a much more complicated—and concerning—picture. What happens next? Just how far will Brett Kavanaugh go to enable Big Daddy Trump? When will the Court’s conservatives realize that the Major Questions Doctrine is about as real as the tooth fairy? Kate and Leah answer these questions and more. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| Is Sam Alito On His Way Out? | 16 Feb 2026 | 01:17:38 | |
The legal news just kept coming this week, and Melissa, Leah, and Kate break it all down. Could Friend of the Pod Sam Alito be retiring? Possibly! Can Pete Hegseth retaliate against Senator and veteran Mark Kelly for free speech? No! Just how wild was Pamela Jo Bondi’s Epstein files testimony in Congress? Pretty flippin’ wild! They also cover the latest out of Minnesota, Democratic representatives tearing the head of ICE a new one, some very bad news for humans who enjoy clean air, the Heritage Foundation’s crusade against birth control, and other legal flotsam and jetsam. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| Are You There, God? It’s Me, the Constitution. | 09 Feb 2026 | 01:17:10 | |
SCOTUS may be between argument sessions, but the legal news isn’t slowing down. Kate, Melissa, and Leah cover the latest out of Minnesota before touching on the Department of Homeland Security’s troubling use of administrative subpoenas and Jodi Kantor’s reporting on the introduction of non-disclosure agreements to the Supreme Court. Then, some election news: the Tulsi Gabbard-supervised FBI raid on an elections office in Fulton County, Georgia, Trump’s desire to “take over” elections, and an update on the challenge against California’s Proposition 50, Gavin Newsom’s counter to racial gerrymandering in Texas. Finally, Kristi Noem’s attempt to revoke Temporary Protected Status for Haitians gets shot down by the District Court for the District of Columbia, and a smörgåsbord of other legal bits and pieces.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| The Illegality and Injustice of ICE’s Minnesota Occupation | 02 Feb 2026 | 01:20:42 | |
Melissa, Kate, and Leah break down the various legal cases arising from ICE’s occupation of Minnesota, including a bid to end DHS’s Operation Metro Surge and a case from citizens seeking to block the abusive use of tear gas and pepper spray. Then, the hosts welcome Crooked’s Tommy Vietor to talk about all things foreign policy: Trump's blatant disdain for international law, the so-called “DonRoe Doctrine,” the President’s wildly incoherent and pointless tariffs, and why Trump’s claim that he’s ended eight wars is beyond laughable. Finally, a deeply concerning FBI raid on the Fulton County elections office supervised by Hawaii's least favorite daughter, Tulsi Gabbard. Favorite things:
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Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky | |||
| Will the Court Actually Push Back Against Trump’s Unlawful Firings? | 26 Jan 2026 | 01:46:45 | |
First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook, on whether Trump has the power to fire Lisa Cook from the Federal Reserve Board. They also cover the week’s other oral arguments, including a Second Amendment case where Sam Alito came out as woke…for guns. Finally, with apologies to the Fifth Circuit, a new nominee for America’s worst circuit court. Preorder Melissa’s new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, out May 12, 2026. Favorite things:
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Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Will SCOTUS Keep Trans Kids Out of Sports? | 19 Jan 2026 | 01:33:08 | |
Melissa, Leah, and Kate kick off by discussing the functional suspension of the Constitution in Minneapolis and Trump’s targeting of Federal Reserve Chair Jerome Powell. Then they dissect the arguments in a pair of cases that came before the Court last week about whether state laws barring trans girls and women from their schools’ sports teams violate the Constitution or Title IX. Finally, they break down new opinions from SCOTUS involving criminal law, the Fourth Amendment, and mail-in ballots. Favorite things:
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Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela | 12 Jan 2026 | 01:49:48 | |
Leah, Kate, and Melissa preview January’s major SCOTUS cases, including disputes over trans kids' participation in team sports, a concealed-carry ban in Hawaii, and Trump’s attempt to fire Federal Reserve Governor Lisa Cook. The hosts are then joined by Georgetown Law Professor Marty Lederman to break down the administration’s flimsy legal case for the regime-change operation in Venezuela, as well as the Court’s shadow docket ruling on the federalization and deployment of the National Guard in Chicago. Finally, some news: the horrific murder of Renee Good in Minneapolis, the Court’s opinion in an important habeas case, and an unhinged tweet from Trump’s Assistant Attorney General for Civil Rights. Favorite things:
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Learn more: http://crooked.com/events Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Can America Pull Back From the Brink of Autocracy? | 05 Jan 2026 | 01:40:43 | |
Leah kicks off the episode with repeat guest Rebecca Ingber of Cardozo Law to discuss the wild illegality–both domestic and international–of Trump’s regime change operation in Venezuela. Then, Kate, Melissa, and Leah welcome Princeton professor and expert on the rise of modern autocracies, Kim Lane Scheppele to break down how Trump is consolidating power over the executive branch and the courts. Leah next catches up with president and CEO of Democracy Forward Skye Perryman on some of the legal developments over the holidays, including challenges to Department of Education funding cuts, the freezing of childcare payments to Minnesota, and a near-total abortion ban for veterans. Finally, the hosts speak with Demand Justice's Josh Orton about the worrying trends his organization is seeing among Trump 2.0’s judicial nominees. Kim’s favorite things: An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril, Gerald J. Postema (Judicature); Judge Harvey Wilkinson’s opinion in Abrego Garcia v. Noem; Judge William G. Young’s opinion in AAUP vs. Rubio; Sara L. Ellis’s opinion in Chicago Headline Club v. Noem; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026!
Learn more: http://crooked.com/events Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Introducing Runaway Country: Justice Has Left the Building | 29 Dec 2025 | 01:10:12 | |
Alex digs into the destruction of due process and rule of law under the Trump administration. First, she hears from Judge Anam Petit, a recently fired immigration judge who explains how the legal system is being quietly dismantled to prioritize deportations. Then, Alex speaks to Andrew Weissmann, former lead prosecutor in Robert Mueller’s Special Counsel’s Office, about whether our system is forever changed, and what it’s like to be in President Trump’s crosshairs. For a transcript of this episode, click here. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| Our Favorite Things, 2025 | 22 Dec 2025 | 01:15:29 | |
It’s that time of year when Leah, Melissa, and Kate put on their influencer hats and recommend the things that made their days a little brighter in 2025. This year, they’re joined by two special guests: rockstar Strict Scrutiny intern Jordan Thomas to share some of his picks, and former Chair of the Federal Election Commission Ellen Weintraub to discuss two of democracy’s favorite things—independent agencies and the regulation of money in politics. Favorite things:
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Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| SCOTUS Is About to Turbocharge Presidential Power | 15 Dec 2025 | 01:25:07 | |
Leah, Kate, and Melissa recap the oral argument in Trump v. Slaughter, a case that could nuke the administrative state as we know it by giving Trump broad leeway to fire heads of independent agencies. They also cover the other arguments in cases involving campaign finance and the death penalty, and various and sundry bits of legal news including the antics of Judge Emil Bove and Trump’s ongoing game of U.S. attorney musical chairs. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||
| We Need To Talk About Trump’s Maritime Murders | 08 Dec 2025 | 01:08:00 | |
Kate, Melissa, and Leah are joined by Professor Rebecca Ingber of Cardozo Law to break down the blatant illegality of the administration’s murders of alleged “narcoterrorists” in the waters off South America. Then they dive into last week’s oral arguments, which featured cases involving “crisis pregnancy centers,” asylum claims, and whether internet providers are responsible for their users’ copyright violations. Favorite things:
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes | |||