Strict Scrutiny

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 break down new opinions from SCOTUS involving criminal law, the Fourth Amendment, and mail-in ballots.

Favorite things:
Kate: You’ve heard about who ICE is recruiting. The truth is far worse. I’m the proof., Laura Jedeed (Slate); Remarkably Bright Creatures, Shelby Van Pelt; God of the Woods, Liz Moore; Ulysses at the Public Theater
Leah: They Were Ordinary Germans. We Are Ordinary Americans., Shalom Auslander (NYT); What to know about the Insurrection Act, Steve Vladeck & Allison Gill (One First); Can Trump Actually Use the Insurrection Act? Steve Vladeck and Jennifer Rubin (The Contrarian)
Melissa: Nuremberg; Ammel vs. Sinema; This guy

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3/6/26 – San Francisco
3/7/26 – Los Angeles
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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 as the Court’s shadow docket ruling on the federalization and deployment of the National Guard in Chicago. Finally, some news: the horrific murder of Renee Good in Minneapolis, the Court’s opinion in an important habeas case, and an unhinged tweet from Trump’s Assistant Attorney General for Civil Rights.

Favorite things:
Leah: Jan Crawford’s attack on SCOTUS “corruption” narrative was its own substantive-free narrative, Chris Geidner (Law Dork); The Year America Broke Open, Sherrilyn Ifill (Sherrilyn’s Newsletter); State v. Johnson (Wyoming Supreme Court); Heated Rivalry by Rachel Reid and on HBO Max (Game Changers series); Rally for America's Workforce: PAWA to the People on  Wednesday, 1/14/26 at 12:00pm at Upper Senate Park in DC
Kate: Audition, Katie Kitamura; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck, Sophie Elmhirst; The Wager: A Tale of Shipwreck, Mutiny and Murder, David Grann; The Power Broker: Robert Moses and the Fall of New York, Robert Caro; FOTP Steve Vladeck’s Senate Judiciary Committee testimony
Melissa: The Heir Apparent, Rebecca Armitage; Tomorrow and Tomorrow and Tomorrow, Gabrielle Zevin; Ziwe’s interview with Vince Staples

 
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 
3/6/26 – San Francisco
3/7/26 – Los Angeles
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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
3/6/26 – San Francisco
3/7/26 – Los Angeles
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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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. Leah next catches up with president and CEO of Democracy Forward Skye Perryman on some of the legal developments over the holidays, including challenges to Department of Education funding cuts, the freezing of childcare payments to Minnesota, and a near-total abortion ban for veterans. Finally, the hosts speak with Demand Justice's Josh Orton about the worrying trends his organization is seeing among Trump 2.0’s judicial nominees.
Kim’s favorite things: An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril, Gerald J. Postema (Judicature); Judge Harvey Wilkinson’s opinion in Abrego Garcia v. Noem; Judge William G. Young’s opinion in AAUP vs. Rubio; Sara L. Ellis’s opinion in Chicago Headline Club v. Noem; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt 
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 
3/6/26 – San Francisco
3/7/26 – Los Angeles
Learn more: http://crooked.com/events

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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 Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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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 forever changed, and what it’s like to be in President Trump’s crosshairs.
For a transcript of this episode, click here.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
3/6/26 – San Francisco
3/7/26 – Los Angeles
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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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—independent agencies and the regulation of money in politics. 

Favorite things:
 
WANTLeah: Cozy Earth Bubble Cuddle Blanket, Jones Road Just Enough Tinted Moisturizer
Kate: Aventura electric scooter, Grüns Superfood Greens Gummies
Melissa: True Botanicals, e.l.f. Camo Liquid Blush
Jordan: Tea Tree Leave-In Conditioner, Pink Oil Moisturizer, 
 

NEEDLeah: Peloton stretching classes, Farmhounds dog treats; Badlands Ranch dog food
Kate: custom bobbleheads & action figures, Lilly Allen’s tour, Strict Scrutiny’s upcoming West Coast tour
Melissa: Caddis readers, Blackwing Matte pencils, As Ever Rosé
Jordan: 2026 Evanescence and Korn tours, these headphones
 

WEARLeah: Forme Power Bra, Argent, TheRealReal
Kate: Strict Scrutiny onesies, Cozy Earth Studio Wide Leg Pant
Melissa: Quince yak wool sweaters, Uniqlo White T-Shirt, Clearly Collective Collegiate Scarves, WaySoft Cashmere Beanie
Jordan: Crooked Con Merch, Mavi jeans
 

READLeah: The Wedding People, Alison Espach; Julie Anne Long’s Pennyroyal Green series; Lisa Kleypas’ Wallflowers series; These Summer Storms, Sarah MacLean; Bury Our Bones in the Midnight Soil, V. E. Schwab; The God of the Woods, Liz Moore; Book of the Month
Kate: The Power Broker, Robert Caro; Who Is Government? Michael Lewis; Character Limit: How Elon Musk Destroyed Twitter, Kate Conger & Ryan Mac; The Radical Fund, John Fabian Witt; Isola, Allegra Goodman; Heart the Lover, Lily King; Martyr! Kaveh Akbar; The History of Sound, Ben Shattuck
Melissa: Matriarch, Tina Knowles; Black in Blues: How a Color Tells the Story of My People, Imani Perry; Jane Austen's Bookshelf, Rebecca Romney; Atmosphere, Taylor Jenkins Reid; The Book Club for Troublesome Women, Marie Bostwick; The Loneliness of Sonia and Sunny, Kiran Desai
Jordan: Lawless, Leah Litman; The Sirens' Call, Chris Hayes; Bad Law, Elie Mystal; Charles Sumner: Conscience of a Nation, Zaakir Tameez; Just Shine! How to Be a Better You, Sonia Sotomayor
Ellen: Deanna Raybourn’s Veronica Speedwell Mysteries; Everyone in My Family Has Killed Someone, Benjamin Stevenson; The Black Wolf, Louise Penny; Shakespeare: The Man Who Pays the Rent, Judi Dench; This Is Happiness, Niall Williams; Elizabeth Strout; Amor Towles

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 Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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