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Strict Scrutiny

Strict Scrutiny

A podcast about the Supreme Court and the legal culture that surrounds it. Hosted by Leah Litman, Melissa Murray, and Kate Shaw. Produced by Melody Rowell.

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Latte Liberal

Melissa, Leah, and Kate recap the first week of the October sitting.

2021-10-11
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Troll World Tour

Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of ? that Alito speech.

2021-10-04
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Hashtag YOLO

Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court?s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court?s upcoming term. 

2021-09-27
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Sounds Legit

Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts.

2021-09-20
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Meager Sentences

Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Both orders ruled against the Biden administration and were divided along ideological lines. 

2021-09-13
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Messing with Texas

Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y?all, they are messing with Texas!

2021-09-11
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Untitled Dating Show

It?s law school advice time, Strict Scrutiny style! Melissa and Leah chat with Mark Moran, graduate of UVA Law and contestant on FBoy Island, for the first ever Strict Scrutiny x FBoy Island Crossover. What can law school teach you about reality TV, and reality TV teach you about law school? A lot, it turns out?.

2021-09-06
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Flagrantly Unconstitutional

Melissa, Kate, & Leah get together again to discuss the Supreme Court?s decision in the Texas SB8 case, what is happening now in Texas, and what might happen still with the law.

2021-09-04
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Message Received

Commander Professor Steve Vladeck joins us for an emergency episode about SB8, the most restrictive abortion law that has been allowed to go into effect since Roe v. Wade.

2021-09-02
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Sexual Justice

Kate and Leah talk with Alexandra Brodsky, founding co-director of Know Your IX and author of Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash.

2021-08-30
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How Rights Went Wrong

Kate and Leah talk with Jamal Greene about his new book, How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart

2021-08-23
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Open Wound

Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition.

2021-08-16
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Superminority Status

Melissa and Leah are joined by Easha Anand (MacArthur Justice Center) and Kate Levine (Cardozo University School of Law) to recap the big criminal law cases from last term.

2021-08-09
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Born Tired

In collaboration with The Appellate Project, Leah, Kate, and Melissa talk to Debo Adegbile and Bruce Spiva about voting rights and diversity in the appellate bar.

2021-08-02
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Anti-Democratic Super Weapon

It?s Supreme Court reform summer! On this episode, Leah talks to Professor Nikolas Bowie about his testimony to the Presidential commission on the Supreme Court and whether we have or should have a democracy.

2021-07-26
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Justice, Justice Thou Shalt Pursue

Melissa interviews Berkeley Law Professor Amanda Tyler about the book she co-wrote with the late Justice Ruth Bader Ginsburg, Justice, Justice, Thou Shalt Pursue. The book includes Justice Ginsburg's favorite opinions she authored, along with stories of her life, family, and career. Professor Tyler shares some of those stories as well as reflections on her working relationship and friendship with the justice. This conversation was originally an event put on by The Beverly Hills Bar Association and Writers Bloc Presents.

2021-07-19
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Roses & Thorns

It?s here ? our term recap! We go over all the roses and thorns from OT2020, or at least as much as we have time for in this jam-packed episode.

2021-07-12
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Textually Challenged

For a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.

2021-07-05
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An Insult to History

With SCOTUS finishing in July, Leah recaps the end of the term (end of democracy?) cases, Brnovich and Americans for Prosperity, with law of democracy experts Wilfred Codrington and Rick Hasen.

2021-07-02
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Tired of These Fools

On June 23rd, we joined the Ninth Judicial Circuit Historical Society, together with the Western District of Washington Federal Bar Association, for a ?SCOTUS in FOCUS? event moderated by Cynthia Jones, the program chair of the Society.

2021-06-28
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Comrade Thomas

Kate and Leah recap the big FRIDAY, FRIDAY at the Supreme Court -- two statutory interpretation cases (Confederated Tribes of the Chehalis Reservation and Hollyfrontier Cheyenne Refining Co), and a major standing case (TransUnion v. Ramirez).

2021-06-26
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Cheerleaders for Democracy

Kate and Leah recap four opinions: Lange v. California; Mahanoy Area School District v. BL; Collins v. Yellen; and Cedar Point Nursery v. Hassid.

2021-06-24
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Love and Basketball

Leah and Melissa do a quick dash through Monday?s opinions in Arthrex, NCAA v. Alston, and Goldman v. Arkansas Teacher Retirement Systems and a quick note on Nestle v. Doe before allowing Leah time to work out some feelings on Justice Alito?s dissent in the ACA case.

2021-06-22
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Amuse Bouche

Kate and Melissa recap two opinions, California v. Texas (the ACA case) and Fulton v. City of Philadelphia (Masterpiece Cakeshop redux). For the latter, Katherine Franke joins with historical context and insights.

2021-06-18
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State Courts Are Where It's At

Leah, Kate, and Melissa recap an important CVSG, the Court?s opinions (in Gary, Greer, and Terry), and a major Wisconsin Supreme Court case!

2021-06-15
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Presto!

Kate, Melissa, and Leah get together to discuss Justice Kagan?s approach to statutory interpretation. We got two opinions this week, Sanchez v. Mayorkas, another unanimous immigration case, and the big ACCA (Armed Career Criminal Act, not Affordable Care Act) opinion we?ve been waiting for-- Borden v. US. They identify an important parallel between Justice Kagan and Taylor Swift and lay out the evidence that the Justices are reading their tweets (and everyone else?s too). Finally, they are joined by three former law clerks to Judge Katzmann (Professors Rachel Bayefsky, Bernie Meyler, and Lindsay Nash) to remember the late judge.

2021-06-11
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Fetishistically Textualist

Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice.

2021-06-04
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Death Eaters

Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America. This conversation was originally an event with the Commonwealth Club in April.

2021-05-31
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Siren Songs

Kate, Melissa, and Leah notice the siren song of purposivism in some of the Court?s recent statutory interpretation cases. They also talk about developments on the Court?s death penalty docket before going through one of their binders of women advocates & advocates of color.

2021-05-26
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Hysterical Lady Brains

Melissa, Kate, and Leah break down the recent cert grants, the oral argument in Terry v. United States, and the opinions in Edwards v. Vannoy, CIC v. IRS, Caniglia v. Strom, & BP v. Baltimore. They then workshop their reviews of Justice Breyer?s forthcoming book before highlighting some exciting Supreme Court-related book reviews.

2021-05-24
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When There Are 535

In March, the NYU School of Law hosted the the Birnbaum Women?s Leadership Network's symposium on Politics, Power, and Women?s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy.

2021-05-17
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Drained Pool Politics

Burn Book on Purposivism

Leah and Kate recap the textualist bonanza in Niz-Chavez v. Garland, and the recent arguments in Americans for Prosperity Foundation (during which Justice Alito signaled that he?s a fan of the pod) and Mahanoy School District. They also preview the final case of the term, Terry v. United States.

2021-05-03
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Barking Goldfish

Kate, Leah, and Melissa go over new opinion, recap the previous week of oral arguments, and preview the next batch of cases to be heard at the Supreme Court.

2021-04-26
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Right for the Wrong Reasons

Kate and Melissa are joined by special guests Juvaria Khan, Matthew Fletcher, and Carmen Iguina Gonzalez to discuss the upcoming April sitting and the work of The Appellate Project.

2021-04-19
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Tsunami of Slime

Leah and Kate are joined by Sen. Sheldon ?Whiteboard? Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court?s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra.

2021-04-12
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Sausage Fest

?Live? from Yale Law?s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration!

2021-04-05
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Spaceships and Serial Killers

Melissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March sitting.

2021-03-29
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Dear Steve

Melissa, Kate, and Leah preview the March sitting and have a romp through court culture ? cancel culture, the monarchy, media bias, and so much more!

2021-03-22
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Amend: The Fight for America

Melissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries.

2021-03-15
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Get to the Punchline

Leah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course.

2021-03-08
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Toddler Logic

Leah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court?s docket.

2021-03-01
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Wilding Out

Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.

2021-02-22
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Dude Process

Kate and Leah do a ?snap? episode on the most recent impeachment proceedings.

2021-02-15
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Gold Highways

Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of ?Digging A Hole,? a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission. 

2021-02-08
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Dirty Damages

Leah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in!

2021-02-01
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My Name Is Pauli Murray

Leah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray.  The film premieres at the Sundance Film Festival this week.

2021-01-25
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Rinse & Repeat

Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of ?The Power of Attorney? podcast, to break down (FOR NOW) the Court?s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.

2021-01-20
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The Meme Lives

Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment.

2021-01-11
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No Coup For You

In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we?ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!

2020-12-28
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