Strict Scrutiny

May 11 · 1h 42m

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.Favorite things: Kate: Yesteryear by Caro Claire Burke; NYC Mayor Mamdani skipping the Met Gala to hang out with fashion industry workers; Chris Hayes’ interview with Molly Crabapple on Why Is This Happening?; the Artemis II crew answering kids’ questions on The Daily Leah: Middle of Nowhere, Kacey Musgraves; Dancing on the Wall, MUNA; “Who Will Stand Up to the Supreme Court Justices?” By Niko Bowie and Daphna Renan; “John Roberts Believes in an America That Doesn’t Exist,” by Jamelle Bouie Melissa: Amy Sherald’s Met Gala look Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsBuy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

May 4 · 1h 31m

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: Kate: The Loneliness of Sonia and Sunny, Kiran Desai; Transcription, Ben Lerner Leah: Ariana Grande’s new album announcement; Noah Kahan on tour; SCOTUS Drops The Other Shoe on the Voting Rights Act, Sherrilyn Ifill (Sherrilyn’s Newsletter); The Slaying of the Voting Rights Act by the Coward Samuel Alito, Rick Hasen (Slate); The Supreme Court is Corrupt. This is What We Can Do About It, Jamelle Bouie  Melissa: Yesteryear, Caro Claire Burke; Voters Can Be Disenfranchised Now, Adam Serwer (The Atlantic); Legal Defense Fund Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsOrder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

Apr 29 · 40m

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/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

Apr 27 · 1h 36m

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: Kate: Sexistential, Robyn; USAID Whistleblower Says It Was Even Worse Than People Knew, Vittoria Elliott (Wired); Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; Enrich’s interview on Pod Save the World; Melissa on the Work Friends podcast Leah: The Great Divide, Noah Kahan; Kahan’s Tiny Desk Concert; It Is Time for Ruthless Aggression, Jonathan V. Last (The Bulwark); The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing, Brian Beutler (Off Message); Sanewashing the Emergency Docket, Steve Vladeck (One First); The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche, Chris Geidner (Law Dork); LEGO Kash Patel videos Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

Apr 20 · 1h 37m

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: Leah: RFK Jr. and the raccoon penis; Her talk with Steve Vladeck in DC on her upcoming paper, The Passive Vices, on Monday, April 20 at 12:45pm - RSVP here. Melissa: Lady Tremaine, Rachel Hochhauser; Lily Allen’s West End Girl tour; Rumours, Fleetwood Mac  Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT)  Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 6/20/26 – New York City Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

Apr 13 · 1h 18m

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: Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie Katie: her dog Lucky Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community  Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at  http://crooked.com/eventsVote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and BlueskyJoin the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/

Apr 6 · 1h 25m

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: Leah: The Birthright Con, Jamelle Bouie (NYT); WNBA Players Had an Ace Up Their Sleeve in Pay Negotiations: A Nobel Laureate, Rachel Bachman & Justin Lahart (WSJ) Melissa: Parents as Regulators by Caitlin Millat, forthcoming in UCLA L. Rev.; Harlem Rhapsody, Victoria Christopher Murray; My Boo Buddies; Artemis II Vote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky

Mar 31 · 32m

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 ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

Mar 30 · 1h 54m

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: Kate: This Is Why Flying Is So Awful, Ganesh Sitaraman (NYT); Why Flying Is Miserable and How to Fix It, Ganesh Sitaraman; The Mixed Marriage Project: A Memoir of Love, Race, and Family, Dorothy Roberts; Law on Trial: An Unlikely Insider Reckons with Our Legal System, Shaun Ossei-Owusu Ian: The World of Yesterday, Stefan Zweig; The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution, Jesse Wegman; the band Idles, and their song Danny Nedelko Elora: Habeas Corpus for Immigrant Detainees: A Practical Guide to Filing Habeas Petitions (Vecina) Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky