Strict Scrutiny

• The Trump Administration's SCOTUS Winning Streak

  Leah and Kate dive into the week’s legal news, explaining how SCOTUS continues to carry water for the Trump administration. They also cover an epic slapdown of the Roberts Court out of Hawaii, Sam Alito’s Italian sojourn, and the DOJ’s refusal to investigate the wads of cash lining border czar Tom Homan’s pockets. Then all three hosts are joined by special guests Sherrilyn Ifill, founding director of the 14th Amendment Center for Law & Democracy at Howard University, and New York Times columnist Jamelle Bouie to discuss the Supreme Court in the years after the Civil War and Reconstruction and why that era, known as the Redemption Court, resonates with today’s legal landscape.Favorite Things:Leah: Trump’s Dream of Infinite Presidential Power, Jamelle Bouie (NYT); Jimmy Kimmel’s comeback monologue (ABC)Kate: Chris Hayes’ WITHpod episode with Bill McKibbenJamelle: “How Comedy was Destroyed by By an Anti-Reality Doomsday Cult,” Elephant Graveyard (YouTube)Sherrilyn: Charles Sumner: Conscience of a Nation by Zaakir Tameez; King of the North: Martin Luther King Jr.'s Life of Struggle Outside the South by Jeanne Theoharis Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow 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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• Looking for Bright Spots in the Courts

  Leah is joined by guest co-host Skye Perryman, president & CEO of Democracy Forward, to discuss the week’s news, including the continued pushback on the shadow docket from the lower courts and Trump’s boundless abuse of Article II. Then Kate, Melissa, and Leah — along with special guest Sherrilyn Ifill — take a look at the impact of Justice Ketanji Brown Jackson, three years into her time on the Supreme Court.Favorite things:Skye: Sierra FerrellLeah: The Summer I Turned Pretty (Amazon); Charlie Kirk, Redeemed: A Political Class Finds Its Lost Cause, Ta-Nehisi Coates (Vanity Fair); Miolin Bakery, Brooklyn; L’Appartement 4F, Brooklyn & Manhattan Kate: Pennsylvania Supreme Court election (get involved at Vote Save America) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow 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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• How SCOTUS is Making Project 2025 a Reality

  Our fearless hosts continue to slog through this sh*tty shadow docket summer, covering an order from the Court okaying racial profiling by ICE officers, some ominous administrative stays, Amy Coney Barrett’s ongoing press tour through right wing media, and the lower courts’ continuing frustrations with this Supreme Court. Then, Leah and Kate speak with special guest Symone Sanders Townsend, co-host of MSNBC’s The Weeknight, about how the Supreme Court is carrying out key parts of Project 2025, and enabling and facilitating other parts of the government to do the same. Hosts’ favorite things:Leah: The Guatemalan Children’s Case and the Judicial Learning Curve, Anna Bower (Lawfare); What Should a Lower Federal Court Judge Do When SCOTUS Plays Calvinball? By Michael Dorf (Dorf on Law). Kate: Bonus 177: A Closer Look at Justice Kavanaugh's ICE Raids Opinion, Steve Vladeck (One First); Zohran Mamdani’s ‘Stop Sending Us Money” TikTokMelissa: “Trump’s Treasury Secretary Threatens to Punch Housing Official in the Face,” Maggie Haberman and Shawn McCreesh (Washington Post) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow 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 Lower Courts Punch Up

  Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts speak with Yale Law professor Justin Driver about his book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education.Hosts’ and guests’ favorite things:Kate: Apologies: You Have Reached the End of Your Free-Trial Period of America! By Alexandra Petri (The Atlantic); Bonus 176: Law, Lawlessness, and Doomerism, Steve Vladeck (One First); How a Top Secret SEAL Team 6 Mission Into North Korea Fell Apart, Dave Philipps and Matthew Cole (NYT)Leah: The DC Circuit’s Realpolitik Orders in the Foreign Aid Funding Case, Chris Geidner; 174. Justice Gorsuch's Attack on Lower Courts & Bonus 174: Playing the Justices for Fools, Steve Vladeck (One First); The Supreme Court Is Backing Trump’s Power Grab, Kate Shaw & Ezra Klein (NYT).Melissa: RFK’s Senate Finance Committee hearing; Hijacking the Kennedys, Reeves Waldman (New York Magazine); Nancy Mace: Everything You Didn't Know About Her Sh*tty Past (Crooked’s Hysteria); These Summer Storms, Sarah MacLean; Gwyneth: The Biography, Amy OdellJustin: The Creative Act: A Way of Being, Rick Rubin; Martin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott, Randall Kennedy (Yale Law Journal) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow 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 Shadow Docket Just Won’t Quit

  The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law.Hosts’ and guests’ favorite things:Leah: One First, Steve Vladeck; The Pennyroyal Green Series, Julie Anne Long; Why the Supreme Court Is Not to Be Trusted, Laurie L. Levenson (LARB)Kate: Would You Trust This Man With Your Elections? By Richard Hasen (NYT); Kim Lane Scheppele’s Chautauqua lecture;Melissa: Atmosphere, Taylor Jenkins Reid; Commonwealth, Ann Patchett; The Gilded Age (HBO)Eli: Jealous Type, Doja Cat Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow 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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