Strict Scrutiny

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 argument...

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.

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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.   

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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.

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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 revok...

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 el...

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. Fi...

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.

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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 importa...

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 Min...

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.

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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. 

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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.

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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.

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In this emergency episode, Leah, Melissa and Kate break down the Supreme Court’s shadow docket order allowing Texas to use racist and Republican-skewed district maps in next year’s midterms.

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Kate, Leah, and Melissa kick off the show by speaking with New Jersey Attorney General Matthew Platkin about First Choice Women’s Resource Centers  v. Platkin, whose wonky exterior masks an under-the-radar abortion case. Then they preview the rest of December’s oral arguments, which include cases about the future of the administrative state as we know it, campaign finance, and judicial review of asylum cases. Finally, some legal news, including the dismissal of the James Comey and Letitia James indictments. 

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Leah, Melissa, and Kate dive into the raging legal battles over redistricting ahead of next year’s midterms, Interim U.S. Attorney Lindsey Halligan’s massive oopsies in her prosecution of James Comey, developments with L’Affaire Epstein, and other assorted legal quagmires and outrages from the Trump administration. Then, Kate chats with University of Minnesota Law Professor Jill Hasday about her book We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality. Check out Leah’s review of Justice Amy Coney Barrett’s book, Listening to the Law, for the Los Angeles Review of Books here.

Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for a prisoner seeking damages after a flagrant violation of his religious rights, some relaxing detours into civil procedure, and Brett Kavanaugh’s deeply felt sense of injustice over…lawsuits against military contractors.

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Live from Crooked Con in Washington, Leah, Kate, and Melissa unpack the surprisingly not-awful oral arguments for Learning Resources, Inc. v. Trump, which put the president's tariffs in the hot seat. Then the hosts are joined by Representative LaMonica McIver of New Jersey to discuss the bogus charges against her for “assaulting” federal agents while conducting an oversight visit of an ICE detention center. Finally, friend of the pod Steve Vladeck joins Leah to break down the 3D chess behind Justice Ketanji Brown Jackson’s Friday night order granting an administrative stay in a case about the fundin...

Kate, Leah, and Melissa dive into the legal pushback over ICE and the National Guard in Chicago and Portland, anti-marriage equality goblin Kim Davis’s unwelcome return to the courts, the administration’s lawless strikes on boats in the waters around South America, and the specter of Trump 3.0. Then, they preview November’s SCOTUS cases, including Learning Resources v. Trump, which challenges Trump’s authority to impose tariffs under the International Emergency Economic Powers Act. 

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Kate and Leah dig into a very busy week of legal news as Trump wields his SCOTUS-enabled executive power in increasingly unhinged ways. They also discuss continuing challenges to the president’s deployment of the National Guard in blue cities, ProPublica’s reporting on “Kavanaugh stops,” and, for dessert, the bonkers text exchange between Trump lackey–turned–U.S. Attorney Lindsey Halligan and Lawfare’s Anna Bower. Then they speak with author Irin Carmon about her new book, Unbearable: Five Women and the Perils of Pregnancy in America. Presale for the West Coast tour starts Tuesday, Oct 28 at 10am Pacific time a...

Leah, Kate, and Melissa break down last week’s agonizing two-and-a-half-hour oral argument in Louisiana v. Callais, a case that could see the already weakened Voting Rights Act gutted even further. They highlight the themes that emerged and dig into the case’s broader context with Sam Spital, Associate Director-Counsel at the Legal Defense Fund, then recap the week’s other arguments and the latest legal news. Finally, Leah talks with Joyce Vance about her new book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy.

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Leah, Melissa, and Kate are back in business, breaking down this term’s first week of arguments at SCOTUS, including a challenge to Colorado’s ban on conversion therapy for minors. Also covered: the indictment of New York’s Attorney General Letitia James, the continuing legal fights against Trump’s efforts to send the National Guard into Portland and Chicago, and Attorney General Pamela Jo Bondi’s pugnacious testimony before the Senate Judiciary Committee. Then, Kate and Leah speak with Yale Law Professor John Fabian Witt about his book The Radical Fund: How a Band of Visionaries and a Million Do...

Kate, Leah, and Melissa preview what fresh hell SCOTUS has in store for us this term, including challenges to the Fourteenth Amendment and the Court’s continued obsession with fighting the culture wars. Then, after breaking down the latest legal news, the hosts welcome Lieutenant Governor of Illinois–and Senate candidate–Juliana Stratton to discuss Trump’s plan to deploy the National Guard to Chicago, how state and local governments can push back against this administration, and what gives her hope in this fight. Finally, a game to commemorate Chief Justice Roberts’ 20 long years on the Court. This episode was record...

Leah and Kate dive into the week’s legal news, explaining how SCOTUS continues to carry water for the Trump administration. They also cover an epic slapdown of the Roberts Court out of Hawaii, Sam Alito’s Italian sojourn, and the DOJ’s refusal to investigate the wads of cash lining border czar Tom Homan’s pockets. Then all three hosts are joined by special guests Sherrilyn Ifill, founding director of the 14th Amendment Center for Law & Democracy at Howard University, and New York Times columnist Jamelle Bouie to discuss the Supreme Court in the years after the Civil War and...

Leah is joined by guest co-host Skye Perryman, president & CEO of Democracy Forward, to discuss the week’s news, including the continued pushback on the shadow docket from the lower courts and Trump’s boundless abuse of Article II. Then Kate, Melissa, and Leah — along with special guest Sherrilyn Ifill — take a look at the impact of Justice Ketanji Brown Jackson, three years into her time on the Supreme Court.

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Our fearless hosts continue to slog through this sh*tty shadow docket summer, covering an order from the Court okaying racial profiling by ICE officers, some ominous administrative stays, Amy Coney Barrett’s ongoing press tour through right wing media, and the lower courts’ continuing frustrations with this Supreme Court. Then, Leah and Kate speak with special guest Symone Sanders Townsend, co-host of MSNBC’s The Weeknight, about how the Supreme Court is carrying out key parts of Project 2025, and enabling and facilitating other parts of the government to do the same. 

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Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts speak with Yale Law professor Justin Driver about his book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education.

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The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law.

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Kate and Leah recap the week's legal news, including argument calendars for the next SCOTUS term and President Trump's attempted federal takeover of Washington, DC. Then, it's our third annual State of The Uterus episode. Melissa and Leah talk with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, and Lisa Beattie Frelinghuysen, founder of ClutchKit, about the current status of reproductive freedom three years after the Supreme Court overturned Roe v. Wade. Finally, Leah talks about the authors of After Dobbs: How the Supreme Court Ended Roe, But Not Abortion.

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Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Process: Why Fairness Matters in a Polarized World. Finally, Leah speaks with University of Michigan Law Professor Richard Primus, author of the new book The Oldest Constitutional Question: Enumeration and Federal Power. Check out Imani’s podcast Boom! Lawyered.

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Leah and guest co-host Mark Joseph Stern of Slate and the Amicus podcast run through what’s been happening in the courts this week, including disturbing attacks on judges, the confirmation of the extremely unsavory Emile Bove, and Amy Coney Barrett’s upcoming appearance with Bari Weiss. Then, Kate and Melissa speak with Jessica Calarco, sociologist and professor at the University of Wisconsin–Madison, about her book, Holding It Together: How Women Became America’s Safety Net.

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Kate and Leah break down the week’s legal happenings, including Trump’s flailing efforts to manage the Epstein fallout, the latest abomination from the shadow docket, and the legal quagmire surrounding Trump lackey Alina Habba’s appointment as U.S. Attorney for New Jersey. Then, they speak with law professors—and former clerks for David Souter—Allison Orr Larsen and Erin Delaney about the late justice’s legacy.

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Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration. 

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Katie Phang, independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trump’s next SCOTUS pick. Then, all three hosts are joined by Strict Scrutiny’s official roadie, Chris Hayes, to talk about his book, The Sirens' Call: How Attention Became the World's Most Endangered Resource. 

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With July upon us and bad decision season (mercifully) over, Leah, Kate and Melissa take a step back to recap this year’s SCOTUS term. They highlight some of the overarching themes, break down the biggest opinions, and look back at the moments they’ll remember forever–whether they want to or not. 

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Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s emergency episode on the birthright citizenship case, you can find it here. 

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In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

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

Follow us on Instagram, Threads, and Bluesky

In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’s opinions and the Court’s cruel shadow docket order on “third country removals.”

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

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Orde...

First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes sports metaphors, Clarence Thomas concurs (shudder), and Sam Alito feels his feelings. Through it all, Ketanji Brown Jackson shows us what the court could–hopefully–one day be. 

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