Strict Scrutiny

The 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. 
Favorite things:

Kate: The Loneliness of Sonia and Sunny, Kiran Desai; Transcription, Ben Lerner

Leah: Ariana Grande’s new album announcement; Noah Kahan on tour; SCOTUS Drops The Other Shoe on the Voting Rights Act, Sherrilyn Ifill (Sherrilyn’s Newsletter); The Slaying of the Voting Rights Act by the Coward Samuel Alito, Rick Hasen (Slate); The Supreme Court is Corrupt. This is What We Can Do About It, Jamelle Bouie 

Melissa: Yesteryear, Caro Claire Burke; Voters Can Be Disenfranchised Now, Adam Serwer (The Atlantic); Legal Defense Fund

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

6/20/26 – New York City

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

Preorder a signed paperback of Leah’s book, Lawless, here.
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Kate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

6/20/26 – New York City

Learn more: http://crooked.com/events

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

Preorder a signed paperback of Leah’s book, Lawless, here.
Follow us on Instagram, Threads, and Bluesky

From the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System.
Favorite things:

Kate: Sexistential, Robyn; USAID Whistleblower Says It Was Even Worse Than People Knew, Vittoria Elliott (Wired); Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; Enrich’s interview on Pod Save the World; Melissa on the Work Friends podcast

Leah: The Great Divide, Noah Kahan; Kahan’s Tiny Desk Concert; It Is Time for Ruthless Aggression, Jonathan V. Last (The Bulwark); The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing, Brian Beutler (Off Message); Sanewashing the Emergency Docket, Steve Vladeck (One First); The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche, Chris Geidner (Law Dork); LEGO Kash Patel videos

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

6/20/26 – New York City

Learn more: http://crooked.com/events

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

Preorder a signed paperback of Leah’s book, Lawless, here.
Follow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau.
Favorite things:

Leah: RFK Jr. and the raccoon penis; Her talk with Steve Vladeck in DC on her upcoming paper, The Passive Vices, on Monday, April 20 at 12:45pm - RSVP here.

Melissa: Lady Tremaine, Rachel Hochhauser; Lily Allen’s West End Girl tour; Rumours, Fleetwood Mac 

Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT) 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

6/20/26 – New York City

Learn more: http://crooked.com/events

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

Preorder a signed paperback of Leah’s book, Lawless, here.
Follow us on Instagram, Threads, and Bluesky

Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways.
Favorite things:

Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie

Katie: her dog Lucky

Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community 

Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at  http://crooked.com/events
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Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Preorder a signed paperback of Leah’s book, Lawless, here.
Follow us on Instagram, Threads, and Bluesky
Join the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/