Strict Scrutiny

Crooked Media

Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights. read less

Our Editor's Take

The Strict Scrutiny podcast analyzes the US Supreme Court and its legal cases. This podcast discusses the big news surrounding these nine justices. It explains their decisions and rationales in a digestible manner.

The Supreme Court decides issues that affect Americans' lives. Cases the court takes on can involve abortion, racial justice, voting rights, and more. The Strict Scrutiny podcast reports on these issues impacting the community.

The show's title comes from a legal term. Strict Scrutiny is a standard that judges use to determine whether a law is constitutional. This show comes from the production company behind Pod Save America. So it has a progressive flair.

Kate Shaw, Melissa Murray, and Leah Litman host the Strict Scrutiny podcast. Shaw is a professor at Cardozo School of Law. Murray teaches at the NYU School of Law and Litman is at University of Michigan Law School. At various points in their careers, they each clerked for various justices. The three women make the content on this show understandable to the average person. This dynamic helps make law education more accessible to a broader crowd.

Each week, Shaw, Litman and Murray recap the legal arguments in front of the Supreme Court. Previous topics have included discrimination, protected speech, and fraud. Others were on law and religion, the climate, and LGBTQ rights. Sometimes, Strict Scrutiny hosts invite a guest to the show. Past attendees have included senators, journalists, members of relevant organizations, and more. Due to the variety of issues affecting the community, there's always something new to discuss.

Even though this is a legal podcast handling serious issues, Strict Scrutiny can also be hilarious. The cohosts refer to judges by their nicknames and even use pop culture analogies. In short, they don't take themselves-or the Court-too seriously. This provides an entertaining listen suited to a broad audience. Listeners may find this show engaging and intriguing.

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Call For Filings!

Call For Filings!

Send us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading! Follow us on Instagram, Twitter, Threads, and Bluesky

Episodes

Making Sense of the Election and What It Means for the Court

Making Sense of the Election and What It Means for the Court

After processing the election and thinking through what it means for the future of the Supreme Court, Kate and Leah dig into a Voting Rights Act case newly added to SCOTUS’s docket. They also tackle this week’s cases on the False Claims Act, compensation for hospitals that treat low-income people, the Fair Labor Standards Act, and federal securities law. Follow us on Instagram, Twitter, Threads, and Bluesky

Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA). Follow us on Instagram, Twitter, Threads, and Bluesky

Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs

Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs

After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today. Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS’s Endless Beef with the EPA

SCOTUS’s Endless Beef with the EPA

Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country. Follow us on Instagram, Twitter, Threads, and Bluesky

"Ghost Guns" are Guns (Duh)

"Ghost Guns" are Guns (Duh)

After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet. Follow us on Instagram, Twitter, Threads, and Bluesky

An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice

An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice

Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.Listen back to our 2023 interview with one of Richard Glossip's lawyers Follow us on Instagram, Twitter, Threads, and Bluesky

Steel Yourself for a New SCOTUS Term

Steel Yourself for a New SCOTUS Term

Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath. Follow us on Instagram, Twitter, Threads, and Bluesky

No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar

No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar

Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back. Follow us on Instagram, Twitter, Threads, and Bluesky

The Battle for Native Rights & Comstock: The Zombie Law From Hell

The Battle for Native Rights & Comstock: The Zombie Law From Hell

Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It. Follow us on Instagram, Twitter, Threads, and Bluesky

Reform, Repression, & Reproductive Rights (Live from Texas!)

Reform, Repression, & Reproductive Rights (Live from Texas!)

This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas. Follow us on Instagram, Twitter, Threads, and Bluesky

Shining a Light on State Supreme Court Races

Shining a Light on State Supreme Court Races

In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings. Follow us on Instagram, Twitter, Threads, and Bluesky

Project 2025 (cont.): The Fascist Plan to Plunder the Government

Project 2025 (cont.): The Fascist Plan to Plunder the Government

To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country. Follow us on Instagram, Twitter, Threads, and Bluesky

Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks

Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks

Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law School. So who better to help analyze the intersection between reality TV and the law? Follow us on Instagram, Twitter, Threads, and Bluesky

State of the Uterus: Two Years After the End of Roe

State of the Uterus: Two Years After the End of Roe

In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund. Follow us on Instagram, Twitter, Threads, and Bluesky

Project 2025 (cont.): DEI for Men With Terrible Personalities

Project 2025 (cont.): DEI for Men With Terrible Personalities

Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred. Follow us on Instagram, Twitter, Threads, and Bluesky

Project 2025: 900 Pages and 100% Deranged

Project 2025: 900 Pages and 100% Deranged

Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights. Follow us on Instagram, Twitter, Threads, and Bluesky

The Hubris and Hackery of Aileen Cannon

The Hubris and Hackery of Aileen Cannon

Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here. Follow us on Instagram, Twitter, Threads, and Bluesky

We Read Josh Hawley's Book So You Don't Have To

We Read Josh Hawley's Book So You Don't Have To

Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually want: Jonathan Van Ness. Follow us on Instagram, Twitter, Threads, and Bluesky

A Terrible, Horrible, No Good, Very Bad Term

A Terrible, Horrible, No Good, Very Bad Term

Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone?In case you want to hear our predictions for yourself, go back and listen to our term preview from September 2023 Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS Hands Trump Presidential Immunity

SCOTUS Hands Trump Presidential Immunity

It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government. Follow us on Instagram, Twitter, Threads, and Bluesky