Strict Scrutiny

In today’s much-anticipated ruling, the Supreme Court struck down Trump's tariffs. But how the opinion, dissent, and concurrences break down paints a much more complicated—and concerning—picture. What happens next? Just how far will Brett Kavanaugh go to enable Big Daddy Trump? When will the Court’s conservatives realize that the Major Questions Doctrine is about as real as the tooth fairy? Kate a...

The legal news just kept coming this week, and Melissa, Leah, and Kate break it all down. Could Friend of the Pod Sam Alito be retiring? Possibly! Can Pete Hegseth retaliate against Senator and veteran Mark Kelly for free speech? No! Just how wild was Pamela Jo Bondi’s Epstein files testimony in Congress? Pretty flippin’ wild! They also cover the latest out of Minnesota, Democratic representatives...

SCOTUS may be between argument sessions, but the legal news isn’t slowing down. Kate, Melissa, and Leah cover the latest out of Minnesota before touching on the Department of Homeland Security’s troubling use of administrative subpoenas and Jodi Kantor’s reporting on the introduction of non-disclosure agreements to the Supreme Court. Then, some election news: the Tulsi Gabbard-supervised FBI raid...

Melissa, Kate, and Leah break down the various legal cases arising from ICE’s occupation of Minnesota, including a bid to end DHS’s Operation Metro Surge and a case from citizens seeking to block the abusive use of tear gas and pepper spray. Then, the hosts welcome Crooked’s Tommy Vietor to talk about all things foreign policy: Trump's blatant disdain for international law, the so-called “DonRoe D...

First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook , on whether Trump has the power...

Melissa, Leah, and Kate kick off by discussing the functional suspension of the Constitution in Minneapolis and Trump’s targeting of Federal Reserve Chair Jerome Powell. Then they dissect the arguments in a pair of cases that came before the Court last week about whether state laws barring trans girls and women from their schools’ sports teams violate the Constitution or Title IX. Finally, they br...

Leah, Kate, and Melissa preview January’s major SCOTUS cases, including disputes over trans kids' participation in team sports, a concealed-carry ban in Hawaii, and Trump’s attempt to fire Federal Reserve Governor Lisa Cook. The hosts are then joined by Georgetown Law Professor Marty Lederman to break down the administration’s flimsy legal case for the regime-change operation in Venezuela, as well...

Leah kicks off the episode with repeat guest Rebecca Ingber of Cardozo Law to discuss the wild illegality–both domestic and international–of Trump’s regime change operation in Venezuela. Then, Kate, Melissa, and Leah welcome Princeton professor and expert on the rise of modern autocracies, Kim Lane Scheppele to break down how Trump is consolidating power over the executive branch and the courts. L...

Alex digs into the destruction of due process and rule of law under the Trump administration. First, she hears from Judge Anam Petit, a recently fired immigration judge who explains how the legal system is being quietly dismantled to prioritize deportations. Then, Alex speaks to Andrew Weissmann, former lead prosecutor in Robert Mueller’s Special Counsel’s Office, about whether our system is forev...

It’s that time of year when Leah, Melissa, and Kate put on their influencer hats and recommend the things that made their days a little brighter in 2025. This year, they’re joined by two special guests: rockstar Strict Scrutiny intern Jordan Thomas to share some of his picks, and former Chair of the Federal Election Commission Ellen Weintraub to discuss two of democracy’s favorite things—independe...

Leah, Kate, and Melissa recap the oral argument in Trump v. Slaughter , a case that could nuke the administrative state as we know it by giving Trump broad leeway to fire heads of independent agencies. They also cover the other arguments in cases involving campaign finance and the death penalty, and various and sundry bits of legal news including the antics of Judge Emil Bove and Trump’s ongoing g...

Kate, Melissa, and Leah are joined by Professor Rebecca Ingber of Cardozo Law to break down the blatant illegality of the administration’s murders of alleged “narcoterrorists” in the waters off South America. Then they dive into last week’s oral arguments, which featured cases involving “crisis pregnancy centers,” asylum claims, and whether internet providers are responsible for their users’ copyr...

In this emergency episode, Leah, Melissa and Kate break down the Supreme Court’s shadow docket order allowing Texas to use racist and Republican-skewed district maps in next year’s midterms. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!  3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme C...

Kate, Leah, and Melissa kick off the show by speaking with New Jersey Attorney General Matthew Platkin about First Choice Women’s Resource Centers  v. Platkin , whose wonky exterior masks an under-the-radar abortion case. Then they preview the rest of December’s oral arguments, which include cases about the future of the administrative state as we know it, campaign finance, and judicial review of...

Leah, Melissa, and Kate dive into the raging legal battles over redistricting ahead of next year’s midterms, Interim U.S. Attorney Lindsey Halligan’s massive oopsies in her prosecution of James Comey, developments with L’Affaire Epstein, and other assorted legal quagmires and outrages from the Trump administration. Then, Kate chats with University of Minnesota Law Professor Jill Hasday about her b...

Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for a prisoner seeking damages after a flagrant viola...

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 detent...

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 Tru...

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 Lawf...

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 lates...

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...

Kate, Leah, and Melissa preview what fresh hell SCOTUS has in store for us this term, including challenges to the Fourteenth Amendment and the Court’s continued obsession with fighting the culture wars. Then, after breaking down the latest legal news, the hosts welcome Lieutenant Governor of Illinois–and Senate candidate–Juliana Stratton to discuss Trump’s plan to deploy the National Guard to Chic...

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...

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 t...

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-hos...