Strict Scrutiny

In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR.
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com
Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader
Buy Leah’s book, Lawless, now out in paperback
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For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC.
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com
Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader
Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky
For a transcript of an episode of Strict Scrutiny, please email transcripts@crooked.com.

Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case, Wolford v. Lopez, which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides. They wrap up the show with some of the latest voting rights news.
Favorite things:

Leah:Kate on Hasan Minhaj’s podcast; JD Vance’s Richard Nixon revival; SDNY on trans minors

Kate:Judge Patrick J. Schiltz’s opinion quashing the subpoenas to state and local Minnesota officials

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com.

In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.”
Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky

Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani, which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City.
Favorite things:

Leah:Barack Obama’s speech at the opening of his presidential center, 

Kate:Michelle Obama’s speech; Obama and Mamdani Show How It’s Done, Jamelle Bouie (NYT) 

Melissa: Becoming (Netflix); her award-winning audiobook

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback
Follow us on Instagram, Threads, and Bluesky