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Strict Scrutiny

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.

SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)

Strict Scrutiny

  • 120 views
  • about 1 month ago
  • 50:34

The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).Listen to our recap of the oral arguments in the episode "SCOTUS Has Their Own Theories About Trump's Eligibility" Follow us on Instagram, Twitter, Threads, and Bluesky

Content Moderation, Machine Guns, and Trump's Trial Calendar

Strict Scrutiny

  • 120 views
  • about 1 month ago
  • 01:25:47

Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. Listen to evelyn's podcast, Moderated Content Follow us on Instagram, Twitter, Threads, and Bluesky

The Alabama Supreme Court Embraces Fetal Personhood

Strict Scrutiny

  • 150 views
  • about 2 months ago
  • 01:29:17

Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.Listen to our episode with Michele Goodwin from August 2022, "What the Fight After Roe Actually Looks Like"Listen to our episode with Jessica Valenti from February 2023, "The Originalist Case for Terrorizing Women"Watch Melissa and Kate on The Daily Show!Order Melissa Murray and Andrew Weissmann's new book, The Trump Indictments: The Historic Charging Documents with CommentaryCode STRICT10 at checkout gets you 10% off! Follow us on Instagram, Twitter, Threads, and Bluesky

The Good, The Bad, And The Ugly From State Courts

Strict Scrutiny

  • 140 views
  • about 2 months ago
  • 01:17:29

Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.Read Melissa and Kate's article in the Harvard Law Review, "Dobbs & Democracy"Read Melissa's article from the Houston Law Review, "Children of Men: The Roberts Court’s Jurisprudence of Masculinity"Pre-order The Trump Indictments: The Historic Charging Documents with Commentary, by Melissa Murray and Andrew Weissmann (code STRICT10 gets you 10% off at check-out!)  Follow us on Instagram, Twitter, Threads, and Bluesky

SCOTUS Has Their Own Theories About Trump’s Eligibility

Strict Scrutiny

  • 120 views
  • 2 months ago
  • 01:02:45

The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.  Follow us on Instagram, Twitter, Threads, and Bluesky

Why Did Trump Get Denied Immunity?

Strict Scrutiny

  • 140 views
  • 2 months ago
  • 31:33

This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. Follow us on Instagram, Twitter, Threads, and Bluesky

Does the Constitution Disqualify Trump from Presidency?

Strict Scrutiny

  • 130 views
  • 2 months ago
  • 53:05

This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy. Follow us on Instagram, Twitter, Threads, and Bluesky