Strict Scrutiny

This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a challenge involving the constitutionality of federal laws affecting veterans’ benefits. Finally, Kate and Leah talk with Kelly Lytle Hernández, professor of history at UCLA, about her new book, Racist by Design: Two Centuries of U.S. Immigration Control.
Favorite Things: 

Leah: The Love Hypothesis | The Public Shaming of John Roberts 

Kate: Should I Stay or Should I Go? 

Melissa: ‘A Different World’ Renewed for Season 2 | Swan Song by Earl Spencer 

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

In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court. What would a meaningful and enforceable set of ethics rules look like for the Supreme Court justices? Why isn’t there an Inspector General for the judiciary? How are there no real rules around recusals? Roth makes the case for these nonpartisan reforms and more.
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

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

It’s been a long summer, but Leah, Kate and Melissa are back together to break down the biggest cases and legal battles coming to the Supreme Court this term. Starting in October, the justices will hear challenges involving AR-15s and semi-automatic rifles, religious exemptions for schools receiving government funding, and the latest redistricting fights in Missouri and the 8th Circuit. Plus, Trump’s big arch updates and allegations that a government contractor illegally funneled nearly $200,000 to a Susan Collins super PAC. Then, Melissa sits down with National Association of Black Journalists President and Crooked’s Long Play cohost Errin Haines to discuss news outlets suing the President over press access. After, Leah talks to Columbia graduate and author Mahmoud Khalil about his new book, No Land to Stand On, the administration’s crackdown on pro-Palestinian speech, and the treatment of people in ICE custody. 
Favorite Things: 

Leah: ProPublica | Gil Duran, Nerd Reich; Naomi Klein & Astra Taylor End Times Fascism | Alyssa Edwards’ response to Ken Paxton 

Kate: Daniel Immerwahr’s How to Hide an Empire | Ari Berman and Pema Levy in Mother Jones on Callais and the New New Jim Crow | Nikole Hannah-Jones’s NYT Piece 

Melissa: Propublica’s piece on Susan Collins |  Charles Spencer, Swan Song | Raphael Warnock, The Crooked Parts Made Straight | Zak Cheney-Rice, No One Can Fix School Segregation Alone | Stacey Abrams at LCCR Gala 

Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

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 the fourth installment of our Hot Supreme Court Reform September series, Leah sits down with former FTC Chair Lina Khan and Lev Menand, both of Columbia Law School, to talk through ways to limit how much SCOTUS can mess with federal agencies. Lev makes the case for stripping SCOTUS of its jurisdiction over administrative law and sending those cases to a specialized court, and Lina discusses venue and standing issues—reforming who gets to sue and where.
Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

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 and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Also covered: Kash Patel on bestiality, ammosexual wins of the week, a proposed ballot measure in Idaho to protect reproductive freedom, and Donald Trump Jr.’s Russian oligarch sugar daddy. Then, Melissa sits down with Crooked’s very own Alex Wagner to talk about her new book The Steal: Four Right-Wing Hard-Liners, One Republican Presidency, and the Raid on America's Courts. Check out Alex’s show, Runaway Country, wherever you pod.
Favorite things:

Leah:Alex Wagner’s The Steal; PONIES (Peacock); The Women of Yesteryear, Kate Manne (More to Hate); The Retirement Plan, Sue Hincenbergs

Melissa: The Steal; Kash Patel getting roasted on social media

Take the Strict Scrutiny survey.
New Strict merch available here.
You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

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