Strict Scrutiny

Strict Scrutiny

Strict Scrutiny

CATEGORY: Society & Culture
Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. The show is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways. The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.
  1. May 23, 2022
    1 hr 8 min
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    The Only Loser is the Public
    Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case.
  2. May 16, 2022
    1 hr 21 min
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    What's next in a post-Roe world
    Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world.
  3. May 09, 2022
    1 hr 14 min
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    Stay Mad Like Sam
    Kate, Melissa, and Leah recap the remaining arguments from the April session before continuing their investigation into the leaked draft opinion….
  4. May 03, 2022
    52 min
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    What the SCOTUS leak could mean for abortion
    Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the con…
  5. May 03, 2022
    52 min
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    What the SCOTUS leak could mean for abortion
    Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the con…
  6. May 02, 2022
    1 hr 13 min
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    The Inner Life of Coach Kavanaugh
    Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton Sch…
  7. April 25, 2022
    1 hr 5 min
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    Coup, But Make It Look Legal
    Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Tr…
  8. April 18, 2022
    1 hr 1 min
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    The Non-Existent Establishment Clause
    Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:5…
  9. April 11, 2022
    52 min
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    Justice on the Brink
    Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversa…
  10. April 04, 2022
    1 hr
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    Light Conspiracy Theories
    Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].
  11. March 28, 2022
    1 hr 22 min
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    Backwards and in High Heels
    Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questionin…
  12. March 21, 2022
    1 hr 16 min
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    Go Down Clutching the Constitution
    Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.Plus, Kate…
  13. March 14, 2022
    46 min
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    Living Textualism
    Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad cr…
  14. March 07, 2022
    1 hr 29 min
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    Canon Wars
    Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription…
  15. March 03, 2022
    53 min
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    Indian Law Hall of Fame
    Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & A…
  16. February 28, 2022
    1 hr 5 min
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    KBJ, All the Way!
    Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to…
  17. February 26, 2022
    1 hr 16 min
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    I Don't Wanna
    Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument nex…
  18. February 21, 2022
    54 min
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    We're Doing S'mores
    Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting.
  19. February 16, 2022
    43 min
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    Speedy Sonia
    Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.
  20. February 14, 2022
    52 min
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    Party Like It's 1935
    Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.

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