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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.

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Strict Scrutiny • Crooked Media

Episodes

  • The TLDR of Trump's Indictments

    Dive into the legal intricacies of former President Donald Trump's indictments with "Strict Scrutiny,” where hosts Leah Litman and Kate Shaw join forces with legal experts Melissa Murray and Andrew Weissmann. In this episode, the co-hosts dissect their new co-authored book, designed as a guide to untangle the complexities of the charges against Trump for the lay audience. Listen as they delve into the nuances of legal documents and precedents, aiming to increase public legal literacy and empower citizens to engage with these pivotal legal events knowledgeably.

    The podcast explores both the standard and unusual elements of the charges brought against Trump. They look at how the indictments reflect a broader context of similar prosecutions of senior officials, the international landscape of legal action against former heads of state, and the particularities of individual cases linked to Trump. Through a detailed analysis and comparison of past and current events, including the impact of the January 6 hearings on public perception and DOJ strategies, the speakers provide a comprehensive understanding of the mounting legal challenges faced by the former president.

    Mar 11, 2024

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

    Dive into the latest episode of "Strict Scrutiny," where hosts Melissa Murray, Leah Litman, and Kate Shaw dissect the Supreme Court’s recent unanimous decision regarding the qualifications of candidates under Section 3 of the 14th Amendment. A focal point of discussion is the ruling on states' inability to disqualify candidates, notably Donald Trump, from election ballots. The episode unpacks the complexities and controversies surrounding the court's decision, exploring the implications of the court's interpretation and the potential motivations behind the timing of this contentious ruling.

    As the discourse unfolds, the trio of legal experts examines the broader ramifications for Congress's authority to enforce Section 3 and the ramifications of setting a precedent that may hinder congressional efforts to disqualify insurrectionists. The hosts juxtapose the ruling’s minimalistic approach to the January 6th insurrection against the detailed objections of the court's Democratic appointees, revealing a stark division in judicial perspective. "Strict Scrutiny" challenges its listeners to contemplate the balance of power between the judiciary, Congress, and the broader impact on America’s electoral integrity.

    Mar 5, 2024

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

    Dive into the intricate world of U.S. legal proceedings with "Strict Scrutiny," where hosts Kate Shaw and Leah Litman, alongside a panel of legal personalities, unravel the complexities of presidential immunity and its implications for former President Donald Trump. The Supreme Court's current review could postpone Trump's trial until after the impending elections, stirring discussions on the limits of executive power and its consequences on the federal electoral process. The episode also sheds light on how content moderation legislation in Texas and Florida may unexpectedly extend to entities like Uber and Facebook Marketplace, provoking concerns among legal commentators about the Court's priorities and the implication for American services.

    Moreover, the podcast probes into the refusal to separate bump stocks from the machine gun category within gun legislation, featuring pivotal insights from the Garland v. Gonzales case deliberations. Differences among the Supreme Court Justices are palpable, especially with Justices Barrett and Kavanaugh leaning towards one side, while Alito expresses skepticism. These discussions are complemented by an analysis of the contrasting legal approaches to reproductive rights in Alabama and Texas, touching upon the unintended consequences of recent legal decisions on IVF services and pregnant worker protections. "Strict Scrutiny" provides a detailed examination of these issues, illustrating the dynamic tension between state and federal jurisdictions in the evolving American legal landscape.

    Mar 4, 2024

  • The Alabama Supreme Court Embraces Fetal Personhood

    In a pivotal discussion on the "Strict Scrutiny" podcast, speakers Kate Shaw, Leah Litman, Melissa Murray with guests Adeel Mangi, Ted Cruz, and Sherrilyn Ifill delve into the ramifications of a recent Alabama Supreme Court decision. This ruling classifies frozen embryos as individuals, thereby sparking legal and ethical concerns about in vitro fertilization (IVF) practices and reproductive rights. The episode dissects the impact of this decision on clinics and the broader implications for 14th Amendment rights, touching on the intersection of theology and legislation within the court's ruling.

    Additionally, the podcast navigates the potential use of the Comstock Act as a legal tool to enforce a federal abortion ban, exploring perspectives from various Republican figures who may influence future legislation on fetal personhood. This examination foregrounds the broader conservative agenda, hinting at a considerable policy shift that could take place under a Republican administration. The speakers also scrutinize the possible curtailment of 14th Amendment protections within the context of the Supreme Court's current conservative makeup, highlighting the justices' approaches to significant civil liberties and anti-discrimination cases.

    Feb 26, 2024

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

    Dive deep into the intricacies of the judiciary with the latest episode of "Strict Scrutiny," where hosts Leah Litman, Melissa Murray, Kate Shaw, alongside guests Jennifer Bennett, Shaniqua Mcclendon, and a statement from Justices Carlos Muniz and Sonia Sotomayor, dissect recent pivotal decisions and cases that are reshaping the American legal landscape. The episode navigates the complexities of state court rulings, focusing on their profound impact on abortion rights, particularly highlighting Pennsylvania’s affirmation of abortion as a fundamental right and the evolving electoral stakes within the state's judicial system.

    With a broad scope, the discussion then turns to former President Donald Trump's legal entanglements, ranging from attempts to shield himself from the repercussions of January 6th to the substantial financial and operational sanctions posed by New York's civil case ruling. Moreover, the conversation previews upcoming Supreme Court cases that promise to redefine environmental regulations, arbitration frameworks, and potentially the oversight of social media platforms—an array of issues with significant constitutional undertones. Spanning across diverse topics, this episode of "Strict Scrutiny" offers keen insights into how the courts, from state to federal, continue to shape pivotal aspects of policy and rights within the United States.

    Feb 19, 2024