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Podcast · 79 episodes

Strict Scrutiny

by Strict Scrutiny · English

Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.

Latest episodes

All episodes

A New Term of Supreme ChaosStrict Scrutiny returns for a Supreme Court term preview, arguing the Court has normalized “bad behavior” via the shadow/emergency docket and is likely to intensify culture-war and democratic-crisis…28 Sep 2026 · 1 h 39 min · 45 chapters
We Need To Talk About Jurisdiction StrippingA Strict Scrutiny bonus episode on “SCOTUS Reform September,” arguing for jurisdiction stripping and related reforms to reduce Supreme Court and lower-court dysfunction in reviewing federal agencies.24 Sep 2026 · 46 min · 22 chapters
Trump’s Assault on the Free PressThe episode argues that Trump and allied conservatives are attacking the free press and the courts, while also covering related Supreme Court/legal developments and election-era fights.21 Sep 2026 · 1 h 24 min · 30 chapters
We Need To Talk About Judicial ReviewJudicial review and “judicial supremacy”—arguing that the Supreme Court should not be able to decline to enforce federal statutes (“horizontal review”), while it should enforce federal guarantees…17 Sep 2026 · 51 min · 16 chapters
BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BSThe episode analyzes a late Supreme Court decision blocking a Trump administration Postal Service regulation that would have allowed the Postal Service to refuse to deliver batches of mail-in ballots…15 Sep 2026 · 33 min · 16 chapters
How Trump is Using the IRS to Resegregate AmericaStrict Scrutiny (host Melissa Murray; guest Rashad Robinson) argues that the Trump administration and the Supreme Court are reshaping elections and education through legal maneuvers that, in the…14 Sep 2026 · 1 h 35 min · 31 chapters
Still Counting: Trump vs. The BLUE WAVE: A Midterm ExtravaganzaLaunch excerpt of Crooked Media’s Still Counting (Nate Silver, Claire Malone, Galen Druke) previewing a “midterms extravaganza” focused on Trump vs. the “blue wave,” using polling and forecasting.11 Sep 2026 · 23 min · 9 chapters
We Need to Talk About Term LimitsSupreme Court reform bonus episode focused on statutory Supreme Court term limits.10 Sep 2026 · 37 min · 18 chapters
We Need To Talk About Court ExpansionSupreme Court reform bonus episode focused on “court expansion” (term limits, phased increases, and broader federal judiciary expansion) as a response to the Roberts Court’s perceived power-grabbing,…3 Sep 2026 · 45 min · 16 chapters
SCOTUS Greenlights Trump's BallroomA “Strict Scrutiny” bonus episode criticizing a Supreme Court 5-4 decision that allowed President Trump to proceed with replacing/tearing down part of the White House East Wing to build a…1 Sep 2026 · 34 min · 13 chapters
Is SCOTUS Letting Trump Meddle in the Midterms?The episode of Strict Scrutiny focuses on the Supreme Court’s “shadow docket” order concerning President Trump’s executive order on elections and absentee ballots, and how that ruling could affect…31 Aug 2026 · 1 h 30 min · 38 chapters
Know Your Rights: Do You Have to Talk to Cops?A “Know Your Rights” guide on when people must stop and whether they have to answer law enforcement questions, focused on the Fourth Amendment distinction between consensual encounters and…27 Aug 2026 · 37 min · 14 chapters
What Does Peak Fascism Look Like?The episode argues that “peak fascism” in the U.S. is showing up through election intimidation, “third country removals” of immigrants without due process, retaliatory government actions against…24 Aug 2026 · 1 h 53 min · 41 chapters
All the President’s HenchmenThe episode reviews recent DOJ and executive-branch actions under Attorney General Todd Blanche, arguing they reflect loyalty-based governance, expanded executive secrecy, and attempts to evade court…17 Aug 2026 · 1 h 36 min · 31 chapters
Know Your Rights: Copwatching 101“Copwatching 101” explains the constitutional right to observe and record police (and federal agents like ICE) in public, what limits exist (time/place/manner, interference/obstruction, some privacy…13 Aug 2026 · 39 min · 13 chapters
Sometimes, These F*ckers LosePrimaries and the long tail of Dobbs; Missouri and Kansas ballot-measure fights over abortion and direct democracy; court reform politics; DOJ actions tied to Trump’s agenda (dropping Jan.10 Aug 2026 · 1 h 31 min · 32 chapters
Will Trump Succeed in Rigging the Midterms?The episode argues that Trump is trying to undermine the midterms by expanding presidential control over federal election administration, especially via a Supreme Court challenge to an executive…3 Aug 2026 · 1 h 31 min · 34 chapters
Dude Process, Not Due ProcessThe episode argues the Trump administration and allied courts are undermining due process in immigration and criminal-adjacent contexts, using expedited/secret procedures, mass detention, and…27 Jul 2026 · 1 h 29 min · 37 chapters
How Bad Is Trump's Attorney General Pick?The episode critiques Christian nationalism and then focuses on legal and political efforts to undermine rule of law—especially around Trump-linked litigation and the Kansas Supreme Court.20 Jul 2026 · 1 h 27 min · 37 chapters
Our Long Road Out of AutocracyThe episode argues the U.S. is experiencing “captured” (packed) courts and escalating autocratic tactics, then uses Hungary’s 2026 democratic upset to explain how autocrats consolidate power and how…13 Jul 2026 · 1 h 28 min · 31 chapters
Surveying the Wreckage of This Supreme Court TermStrict Scrutiny’s term recap argues that the October 2025 Supreme Court term “surveyed the wreckage” of democratic governance by narrowing Reconstruction-era protections, weakening voting rights,…6 Jul 2026 · 1 h 32 min · 36 chapters
SCOTUS Just Barely Preserves Birthright CitizenshipThe episode reacts to multiple Supreme Court decisions, focusing on Trump v.30 Jun 2026 · 59 min · 19 chapters
SCOTUS Kills Independent Agencies, Expands Presidential PowerThe episode reacts to three Supreme Court decisions: Trump v. Slaughter (ending protections for heads of independent agencies and expanding presidential removal power), Trump v.29 Jun 2026 · 54 min · 19 chapters
SCOTUS Keeps Rewriting Gun HistoryThe episode reviews multiple recent Supreme Court decisions, focusing on how the Court enables the Trump administration’s immigration agenda (TPS rescission and asylum restrictions) and expands gun…29 Jun 2026 · 1 h 21 min · 34 chapters