Strict Scrutiny

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. Favorite things: Resistance Is Cringe—But It’s Also EffectiveThe Democrats' Main Problem Isn’t Their MessageThe Peril of a White House That Flaunts Its Indifference to the LawEverybody/Elizabeth Taylor MashupFive Tuesdays in WinterI’m Still Here Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com 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 Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Favorite things: LeahBow Street RunnersFlirting LessonsKateWhat Are We Living Through?Originalist ‘Bombshell’ Complicates Case on Trump’s Power to Fire OfficialsMelissaThe Lawyer, the Witch, and the Witness: Proving Witchcraft in the English CourtsOne Battle After Another Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 Dollars Upended America, which chronicles how philanthropist Charles Garland bankrolled progressive causes through his American Fund for Public Service. BuckBell Chileslisten to our deep diveFavorite things: Leah: Protest videos from Portland and Chicago; The Sentimental Garbage podcast on The Life of a Showgirl Kate: Writers & Lovers by Lily King, Creation Lake by Rachel Kushner; Red Clover Ranch in Wisconsin; wine and cider from Las Mujeres Melissa: Vision & Justice; Miss Toy Poodle on Instagram Leah will be in conversation with UCLA Law Professor Rick Hasen at the Hammer Museum in Los Angeles on Tuesday, Oct 14, 2025 at 7:30 PM. Details here. Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 recorded live at the Athenaeum Center in Chicago. Favorite things: LeahBone Valley: A True Story of Injustice and Redemption in the Heart of FloridaWithout Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our RightsOne Battle After AnotherThe Life of a ShowgirlKateWBEZ ChicagoBlock Club ChicagoChicago ReaderThe Chicago Sun-Times on BroadviewHeart the LoverMelissaTa-Nehisi Coates and Ezra Klein Hash Out Their Charlie Kirk DisagreementBreaking BreadMexodus Meghan Markle in Balenciaga 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 Reconstruction and why that era, known as the Redemption Court, resonates with today’s legal landscape. Favorite Things: Trump’s Dream of Infinite Presidential PowerJimmy Kimmel’s comeback monologueChris Hayes’ WITHpod episode with Bill McKibbenHow Comedy was Destroyed by By an Anti-Reality Doomsday CultCharles Sumner: Conscience of a Nation King of the North: Martin Luther King Jr.'s Life of Struggle Outside the South 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Favorite things: SkyeSierra FerrellLeahThe Summer I Turned PrettyCharlie Kirk, Redeemed: A Political Class Finds Its Lost CauseMiolin BakeryL’Appartement 4FKateVote Save America 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosts’ favorite things: The Guatemalan Children’s Case and the Judicial Learning CurveWhat Should a Lower Federal Court Judge Do When SCOTUS Plays Calvinball?Bonus 177: A Closer Look at Justice Kavanaugh's ICE Raids OpinionZohran Mamdani’s ‘Stop Sending Us Money” TikTokTrump’s Treasury Secretary Threatens to Punch Housing Official in the Face 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Hosts’ and guests’ favorite things: KateApologies: You Have Reached the End of Your Free-Trial Period of America!Bonus 176: Law, Lawlessness, and DoomerismHow a Top Secret SEAL Team 6 Mission Into North Korea Fell ApartLeahThe DC Circuit’s Realpolitik Orders in the Foreign Aid Funding Case174. Justice Gorsuch's Attack on Lower CourtsBonus 174: Playing the Justices for FoolsThe Supreme Court Is Backing Trump’s Power GrabMelissahearingHijacking the KennedysNancy Mace: Everything You Didn't Know About Her Sh*tty Past These Summer StormsThe BiographyJustinThe Creative Act: A Way of BeingMartin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Hosts’ and guests’ favorite things: LeahOne FirstThe Pennyroyal Green SeriesWhy the Supreme Court Is Not to Be TrustedKateWould You Trust This Man With Your Elections?Chautauqua lectureMelissaAtmosphereCommonwealthThe Gilded AgeEliJealous Type 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Favorite Things: Leah: Unbearable: Five Women and the Perils of Pregnancies in America, by Irin Carmon; track list and cover art for Taylor Swift's forthcoming The Life of a Showgirl; Ben Platt's cover of Diet Pepsi; Melissa's appearance on Nicole Wallace's podcast, The Best People; "Redistricting Texas Now is Illegal and the U.S. Department of Justice is the Reason Why," by Ellen Katz; and Laura Loomer's weird deposition in a case against Bill Maher Kate: Vera, or Faith, by Gary Shteyngart; Parable of the Talents, by Octavia Butler; Bury Our Bones in the Midnight Soil by V.E. Schwab; The Retrievals; "The Chadha Presidency," by Josh Chafetz; and "Trump, John Roberts and the Unsettling of American Politics," by David Dailey 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Hosts’ Favorite Things: Melissa: Tom Lake, Ann Patchett; The Midnight Library, Matt Haig; How the George Floyd Protests Changed America, for Better and Worse, Justin Driver (NYT) Imani: Palisade Peaches; Revenge; Death Stranding; Brit Box Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Hosts’ favorite things: The SubwayUncle Bobby’s WeddingLife Is a Lazy Susan of Sh*t SandwichesThe Chrysalis OptionDOJ's (Ridiculous) Misconduct Complaint Against Chief Judge BoasbergDept. Q NY Times Pitchbot SCOTUS 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 Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

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. Hosts’ and guests’ favorite things: Will to Resist: What Dartmouth Teaches Harvard About Protecting American FreedomThe Palace of Rogues SeriesTucci in ItalyMarjorieHow to Hide an Empire; A History of the Greater United States 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

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. Hosts’ favorite things: KateLegalistic NoncomplianceTrump’s Plans to Put Emil Bove on the Supreme CourtBonus 167: The Case for Not WritingMelissaWedding PeopleWhat Reading 5,000 Pages About a Single Family Taught Me About AmericaThe Kent Family Chronicles 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

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. Hosts’ and Guests’ Favorite Things: What we won on Election DayMamdani, Trump and the End of the Old PoliticsMoral Ambition: Stop Wasting Your Talent and Start Making a DifferenceRuin Their Crops on the Ground: The Politics of Food in the United States, from the Trail of Tears to School LunchSkimmed: Breastfeeding, Race, and InjusticeBury Our Bones in the Midnight SoilBone Valley: A True Story of Injustice and Redemption in the Heart of FloridatourA Lawsuit against Alligator Alcatraz!Substack 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

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. Hosts’ favorite things: Stanley v. City of Sanford, FloridaSeven Chaotic Months in the Life of a New Federal JudgeThis Is the Real Impact of the Supreme Court’s Planned Parenthood DecisionWhen Rational Basis Review BitA New Kind of Judicial SupremacyWith the Big, Beautiful Bill, You Can Now Sponsor a Billionaire of Your ChoosingSamuel Alito Takes Pride in Gay-BashingA Court Without the Range‘A Culture of Disdain’: The Supreme Court’s Actions Speak Louder Than Its WordsAndorVirginTrump FragrancesTrump’s Big Win in His Escalating War on the PressUSAID studyThe LancetIs the Supreme Court the Best Way to Get Justice?Unbearable: Five Women and the Perils of Pregnancy in AmericaWe the People: A History of the U.S. Constitution 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

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. Hosts’ favorite things: MelissaMahmoud v. TaylorTrump v. CASA, Inc.OutrageousDream CountKateGreen-Wood Cemetery’s Living DeadDying for SexlectureLeahThe 21 Best Croissants in New York City Right NowYELLOW 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 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! 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

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. Hosts’ favorite things: The release of Mahmoud KhalilLawless 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