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Every episode
Strict Scrutiny
30 episodes
All the President’s Henchmen
Ep 51 · Aug 17, 2026 · 1 hr 36 min
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 Kate is joined by Liz Oyer, former DOJ pardon attorney and federal public defender, to tick through last week’s news. Among the items covered: Todd Blanche’s swearing-in by lackey Emil Bove, the latest attempt by the administration to expand executive privilege, the renew…
Know Your Rights: Copwatching 101
Ep 50 · Aug 13, 2026 · 39 min
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 In…
Sometimes, These F*ckers Lose
Ep 49 · Aug 10, 2026 · 1 hr 31 min
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 Cente…
Will Trump Succeed in Rigging the Midterms?
Ep 48 · Aug 3, 2026 · 1 hr 31 min
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 Kate and Leah have good news and bad news. The good: The Paramount/Warner Brothers merger is on hold, the Tate brothers are facing extradition, and Todd Blanche’s nomination for AG has hit a roadblock. The bad: …Everything else. They also cover the ongoing prosecution of…
Dude Process, Not Due Process
Ep 47 · Jul 27, 2026 · 1 hr 29 min
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle Friend of the Pod Emily Amick of Emily in Your Phone joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit informati…
How Bad Is Trump's Attorney General Pick?
Ep 46 · Jul 20, 2026 · 1 hr 27 min
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 mea…
Our Long Road Out of Autocracy
Ep 45 · Jul 13, 2026 · 1 hr 28 min
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: Kate:Em…
Surveying the Wreckage of This Supreme Court Term
Ep 44 · Jul 6, 2026 · 1 hr 32 min
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 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@…
SCOTUS Just Barely Preserves Birthright Citizenship
Ep 43 · Jun 30, 2026 · 59 min
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 o…
SCOTUS Kills Independent Agencies, Expands Presidential Power
Ep 42 · Jun 29, 2026 · 54 min
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: Crooke…
SCOTUS Keeps Rewriting Gun History
Ep 41 · Jun 29, 2026 · 1 hr 21 min
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 F…
BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies
Ep 40 · Jun 25, 2026 · 38 min
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 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 Ins…
Why is SCOTUS Hoarding Opinions?
Ep 39 · Jun 22, 2026 · 1 hr 27 min
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…
The Malicious Incompetence of Trump's DOJ
Ep 38 · Jun 15, 2026 · 1 hr 19 min
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 bre…
Affirmative Action for Mediocre Men
Ep 37 · Jun 8, 2026 · 1 hr 24 min
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…
Ballrooms, ‘Bama and (Very) Bad Behavior
Ep 36 · Jun 1, 2026 · 1 hr 38 min
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 Uni…
Trump's Heartbreaking Work of Staggering Grift
Ep 35 · May 25, 2026 · 1 hr 35 min
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 Lov…
How SCOTUS is Waging Electoral Warfare
Ep 34 · May 18, 2026 · 1 hr 44 min
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. Final…
The Constitution (Melissa's Version)
Ep 33 · May 11, 2026 · 1 hr 43 min
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 a…
Supreme Court Declares Racism Over
Ep 32 · May 4, 2026 · 1 hr 32 min
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…
BREAKING: SCOTUS Deals Another Blow to Multiracial Democracy
Ep 31 · Apr 29, 2026 · 41 min
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! 6/20/26 – New York City Learn more: http://crooked.com/events Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Preorder a signed paperback of Leah’s book, Lawless, here. Foll…
How Low Can the DOJ Go?
Ep 30 · Apr 27, 2026 · 1 hr 37 min
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…
SCOTUS Squabbles Go Public
Ep 29 · Apr 20, 2026 · 1 hr 38 min
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 argu…
War Crimes, Christian Nationalism, and the 25th Amendment
Ep 28 · Apr 13, 2026 · 1 hr 18 min
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…
Birthright Citizenship + Bye-Bye, Pamela Jo Bondi
Ep 27 · Apr 6, 2026 · 1 hr 26 min
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 D…
SCOTUS Not Cool With Colorado Ban on Conversion Therapy
Ep 26 · Mar 31, 2026 · 33 min
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 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 SCOTUS Join the GOP War on Mail-in Ballots?
Ep 25 · Mar 30, 2026 · 1 hr 55 min
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 bef…
Absentee Ballots, Asylum, and Too Many A**holes to Count
Ep 24 · Mar 23, 2026 · 1 hr 19 min
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…
Make America Grift Again
Ep 23 · Mar 16, 2026 · 1 hr 33 min
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: Kate: The Correspondent by Virginia Evans; Project Hail Mary by Andy Weir; Vladimir on Netflix (adaptation of the book by Julia May…
A Court of Drugs and Guns
Ep 22 · Mar 9, 2026 · 1 hr 27 min
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…
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