Strict Scrutiny

• Will SCOTUS Say No to Trump’s Tariffs?

  Live from Crooked Con in Washington, Leah, Kate, and Melissa unpack the surprisingly not-awful oral arguments for Learning Resources, Inc. v. Trump, which put the president's tariffs in the hot seat. Then the hosts are joined by Representative LaMonica McIver of New Jersey to discuss the bogus charges against her for “assaulting” federal agents while conducting an oversight visit of an ICE detention center. Finally, friend of the pod Steve Vladeck joins Leah to break down the 3D chess behind Justice Ketanji Brown Jackson’s Friday night order granting an administrative stay in a case about the funding of SNAP benefits. Read Steve’s excellent piece on the subject here, and enter Leah’s Lawless giveaway here.Favorite Things:Kate: Judge Sara Ellis’s reading of Chicago by Carl Sandburg; How to Be a Good Citizen When Your Country Does Bad Things, M. Gessen (NYT); The 25 Young(ish) New Democrats to Watch, Matt Stieb and Kaleigh Rogers (New York Magazine)Leah: Zohran Mamdani’s Victory SpeechMelissa: The Can’t Win Victory Fund Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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• The Legal Battles Over Trump’s War on Blue Cities

  Kate, Leah, and Melissa dive into the legal pushback over ICE and the National Guard in Chicago and Portland, anti-marriage equality goblin Kim Davis’s unwelcome return to the courts, the administration’s lawless strikes on boats in the waters around South America, and the specter of Trump 3.0. Then, they preview November’s SCOTUS cases, including Learning Resources v. Trump, which challenges Trump’s authority to impose tariffs under the International Emergency Economic Powers Act. Favorite things:Leah: Task (HBO Max); West End Girl, Lily Allen; The Kavanaugh Stop - 50 days later, Chris Geidner (Law Dork); The Supreme Court’s Self-Defeating Supremacy, Steve Vladeck (The Supreme Court Review); God’s Chief Justice, Doug Bock Clark (ProPublica); Lawyers March for Democracy on November 15 at 1-3pm.Kate: The Emergency, George Packer; Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday, Rebecca Ingber and Jessica Thibodeau (Just Security)Melissa: Impermissible Punishments: How Prison Became a Problem for Democracy, Judith ResnikHurricane relief for Jamaica:The WalkGood Jamaica Relief FundThe American Friends of JamaicaGlobal Empowerment MissionMercy CorpsFood for the Poor Jamaica Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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• Trump’s DOJ Shakedown

  Kate and Leah dig into a very busy week of legal news as Trump wields his SCOTUS-enabled executive power in increasingly unhinged ways. They also discuss continuing challenges to the president’s deployment of the National Guard in blue cities, ProPublica’s reporting on “Kavanaugh stops,” and, for dessert, the bonkers text exchange between Trump lackey–turned–U.S. Attorney Lindsey Halligan and Lawfare’s Anna Bower. Then they speak with author Irin Carmon about her new book, Unbearable: Five Women and the Perils of Pregnancy in America. Presale for the West Coast tour starts Tuesday, Oct 28 at 10am Pacific time and runs through Thursday, 10/30 at 9AM Pacific. The code is DISSENT. Favorite things:Leah: Resistance Is Cringe—But It’s Also Effective, Quinta Jurecic (The Atlantic); The Democrats' Main Problem Isn’t Their Message, Chris Hayes (NYT); The Peril of a White House That Flaunts Its Indifference to the Law, Charlie Savage (NYT); Everybody/Elizabeth Taylor Mashup (Backstreet Boys/Taylor Swift)Kate: Five Tuesdays in Winter, Lily King; I’m Still Here Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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• Will the Voting Rights Act Survive SCOTUS?

  Leah, Kate, and Melissa break down last week’s agonizing two-and-a-half-hour oral argument in Louisiana v. Callais, a case that could see the already weakened Voting Rights Act gutted even further. They highlight the themes that emerged and dig into the case’s broader context with Sam Spital, Associate Director-Counsel at the Legal Defense Fund, then recap the week’s other arguments and the latest legal news. Finally, Leah talks with Joyce Vance about her new book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy.Favorite things:Leah: The Bow Street Runners series, Lisa Kleypas; Flirting Lessons, Jasmine GuilloryKate: What Are We Living Through? By Jedediah Britton-Purdy & David Pozen (Boston Review); Originalist ‘Bombshell’ Complicates Case on Trump’s Power to Fire Officials, Adam Liptak (NYT)Melissa: The Lawyer, the Witch, and the Witness: Proving Witchcraft in the English Courts, Trace M. Maddox (Yale Journal of Law & the Humanities); Slow Dance, Rainbow Rowell; One Battle After Another Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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• Will SCOTUS Allow Conversion Therapy for Minors?

  Leah, Melissa, and Kate are back in business, breaking down this term’s first week of arguments at SCOTUS, including a challenge to Colorado’s ban on conversion therapy for minors. Also covered: the indictment of New York’s Attorney General Letitia James, the continuing legal fights against Trump’s efforts to send the National Guard into Portland and Chicago, and Attorney General Pamela Jo Bondi’s pugnacious testimony before the Senate Judiciary Committee. Then, Kate and Leah speak with Yale Law Professor John Fabian Witt about his book The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America, which chronicles how philanthropist Charles Garland bankrolled progressive causes through his American Fund for Public Service.If you want to learn more about Buck v. Bell (the 1927 case Justice Alito referenced in the Chiles arguments), listen to our deep dive from 2020Favorite things:Leah: Protest videos from Portland and Chicago; The Sentimental Garbage podcast on The Life of a ShowgirlKate: Writers & Lovers by Lily King, Creation Lake by Rachel Kushner; Red Clover Ranch in Wisconsin; wine and cider from Las MujeresMelissa: Vision & Justice; Miss Toy Poodle on InstagramLeah will be in conversation with UCLA Law Professor Rick Hasen at the Hammer Museum in Los Angeles on Tuesday, Oct 14, 2025 at 7:30 PM. Details here. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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