Shows
Why Is This Happening? The Chris Hayes PodcastThe Supreme Court’s Power Grab Under TrumpWell, it was another consequential Supreme Court term. So, we had to have Chris's wife Kate Shaw, along with the other co-hosts of the Strict Scrutiny podcast, Melissa Murray and Leah Litman back to break down some of the biggest SCOTUS decisions including Medina v. Planned Parenthood, U.S. v. Skrmetti, and Trump v. CASA. There's a lot to discuss about the Court’s evolving ideology under Trump 2.0. This conversation was recorded on July 1, 2025.
2025-07-1559 min
The Doomscroll News ReportAll about borders: birthright citizenship, deportations under the Alien Enemies Act, and little Chinese boatsThe gals talk about birthright citizenship in the United States, Trump’s attempt to invoke the Alien Enemies Act to expedite the deportation of immigrant detainees, and the latest in a long string of instances involving Chinese nationals sailing over to Taiwan on rubber dinghies. All under the broad heading of borders - what it means to be born within them, to cross them, and to get kicked out over them.
On birthright citizenship: 1. Three paths the Supreme Court could take on birthright citizenship (The Economist) 2. Three paths the Supreme Court could take on birthright citizenship (Podcast "Stric...
2025-05-2600 min
We the PeopleThe Supreme Court and the Trump AdministrationJamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers. This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida. Resources
Melissa Murray (with Leah Lit...
2025-02-2847 min
cmdX anDre Articles "Law of WE "podcastThe Supreme Court and the Trump AdministrationJamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers. This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida. Resources Melissa Murray (with Leah Litman and Kate Shaw), “Yes, We’re in a Constitution...
2025-02-2847 min
Getting Better with Jonathan Van NessWhat Is Project 2025? with Strict ScrutinyThe Destiny’s Child of constitutional law (aka Strict Scrutiny) is back on Getting Curious to help us digest and dissect all the wack-a-doodle nonsense that is: Project 2025. Leah Litman & Kate Shaw from the hit podcast Strict Scrutiny sat down with JVN to really parse out the MAGA manifesto. We’re talking all about Project 2025’s hallmark proposals, the key players involved, as well as tossing in some Supreme Court, Alito/Thomas updates for good measure.
Leah Litman is an assistant professor of law at the University of Michigan Law School. She clerked for Judge...
2024-09-111h 00
Factually! with Adam ConoverWTF did the Supreme Court Just Do with Leah Litman and Kate Shaw of Strict ScrutinyThe latest round of Supreme Court decisions will radically reshape America as we know it. From overturning the Chevron decision and stripping federal agencies of their ability to do their jobs, to giving presidents broad immunity for actions that would otherwise be considered criminal, it can be hard to fully grasp the impact of these rulings, both immediately and in the future. This week, Adam speaks with Leah Litman and Kate Shaw, law professors and hosts of the podcast "Strict Scrutiny," to make sense of how the Supreme Court has sold out our future and what, if anything, can...
2024-07-1046 minWhy Is This Happening? The Chris Hayes PodcastSCOTUS Doing Its Worst - Strict Scrutiny CrossoverAnother year, another pretty wild Supreme Court term. SCOTUS recently ended its term with a number of big decisions including ruling that former president Donald Trump is immune from prosecution for his “official acts” in office. And it also overturned the Chevron doctrine, reversing a 40-year-old precedent that afforded federal agencies a degree of discretion in interpreting ambiguous laws. As always, there’s a lot to unpack and we’re excited to share our third crossover episode with the hosts of the Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray and Leah Litman. They join to discuss so...
2024-07-091h 02
Chart Your CareerNo RegretsIt’s a Q+A day!! Heidi and Ellen talk about books they are reading: Tomorrow and Tomorrow and Tomorrow by Gabrielle Zevin; Tell Me Your Lies by Kate Ruby; The Dutch House and Bel Canto by Ann Patchett; movies and TV they are watching: Loot; Anyone But You and A Gentleman in Moscow; and podcasts they are listening to: Amicus with Dahlia Lithwig and Strict Scrutiny with Leah Litman; Kate Shaw and Melissa Murray. Then they take a question from Stephanie. Stephanie has been offered a job in a late-stage start-up. It is a risky move, but one she is incline...
2024-05-0228 min
Main JusticeLive Coverage: The Trump IndictmentsTonight on MSNBC’s one hour special on “The Trump Indictments:” MSNBC Legal Analysts Andrew Weissmann and Melissa Murray cover the latest developments in Donald Trump's criminal cases and reflect on whether the American justice system has so far proven it can meet the challenge of Donald Trump’s attempts to destroy democracy. Also, Rep. Jaime Raskin explains the anti-democratic tactics Trump and Republicans are using to influence the 2024 election. Plus, MSNBC’s Chris Hayes weighs in on the media's role in the event that the voters get to render a verdict on Donald Trump before a jury does. Also joini...
2024-03-1644 min
Slate NewsPolitical Gabfest: The Dismal Biden PollsThis week, Emily Bazelon, John Dickerson, and David Plotz discuss the Biden v. Trump polls and Super Tuesday, the Supreme Court’s decision to leave Donald Trump on the ballot, and whether The Golden Age of American Jews Is Ending with The Atlantic’s Franklin Foer. Join us for Political Gabfest Live in Washington, D.C. on March 27! Tickets are on sale now. Planning to attend? Submit a Listener Chatter to gabfest@slate.com and you might be picked to chatter live. Here are some notes and references from this week’s show:538: Latest Polls
2024-03-091h 01
Political GabfestThe Dismal Biden PollsThis week, Emily Bazelon, John Dickerson, and David Plotz discuss the Biden v. Trump polls and Super Tuesday, the Supreme Court’s decision to leave Donald Trump on the ballot, and whether The Golden Age of American Jews Is Ending with The Atlantic’s Franklin Foer. Join us for Political Gabfest Live in Washington, D.C. on March 27! Tickets are on sale now. Planning to attend? Submit a Listener Chatter to gabfest@slate.com and you might be picked to chatter live. Here are some notes and references from this week’s show:538: Latest Polls
2024-03-071h 01
UnladylikeSupreme Court Is BACK with Strict ScrutinySCOTUS just kicked off a new term, and Strict Scrutiny hosts and law professors Leah Litman and Kate Shaw are here to explain how the Justices pick which cases to hear / what fresh hell might be in store. Then, Leah and Kate break down the stakes of Acheson Hotels v. Laufer, civil rights testers and what it has to do with last year's SCOTUS win for the Colorado website designer who wished to refuse (nonexistent) gay clients. We also get into the MINDBOGGLING case of US v. Rahimi, what's next for the mifepristone appeal and keeping tabs on the B...
2023-11-0947 min
Getting Better with Jonathan Van NessWhat’s Happening With The Supreme Court? with Strict ScrutinyWhat’s better than one constitutional law expert? THREE! This spring we had the honor of speaking with Professor Melissa Murray about the Supreme Court's recent term. Now she’s back, with her brilliant Strict Scrutiny co-hosts, Professors Leah Litman and Kate Shaw. They join Jonathan to discuss WTF is going on with the Supreme Court these days—from Clarence Thomas’ luxury vacations to what the nation's highest court has in store for us this fall. Plus, an epic round of judicial-themed F*ck, Marry, Kill…
You can follow Strict Scrutiny on Twitter @StrictScrutiny_ and on Ins...
2023-08-301h 07
Strict ScrutinyBONUS: #WITHpod & Strict Scrutiny CrossoverLeah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term. It's our second annual crossover with Why Is This Happening?!Another year, another pretty consequential Supreme Court term. SCOTUS recently ended its term with a number of big decisions including striking down affirmative action and issuing opinions in the 303 Creative case, in which the majority created a “constitutional right to refuse to serve members of a protected class,” as noted in Justice Sotomayor’s dissent. It also invalidated the Biden administration’s student debt relief p...
2023-07-261h 06Why Is This Happening? The Chris Hayes Podcast#WITHpod & Strict Scrutiny CrossoverAnother year, another pretty consequential Supreme Court term. SCOTUS recently ended its term with a number of big decisions including striking down affirmative action and issuing opinions in the 303 Creative case, in which the majority created a “constitutional right to refuse to serve members of a protected class,” as noted in Justice Sotomayor’s dissent. It also invalidated the Biden administration’s student debt relief program. Meanwhile, there’s increasing concern about recent allegations of ethical improprieties of SCOTUS justices, like the luxury fishing trip, reported by ProPublica, that Justice Alito took back in 2008 with GOP billionaire Paul Singer, who later had...
2023-07-181h 06
Pod Save AmericaStrict Scrutiny on the Supreme Court’s Student Debt Relief and Gay Rights DecisionsThe Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates “a constitutional right to refuse to serve members of a protected class.” And in the latter, the majority invalidates the Biden administration’s student debt relief program because, well, they had feelings about it. We're bringing you the latest bonus pod on these cases from Strict Scrutiny.Hosted by three badass constitutional law professors – Leah Litman, Kate Shaw, and Melissa Murray – Strict Scrutiny provides in-depth, accessible, and irreverent analysis o...
2023-06-3050 min
Pod Save AmericaStrict Scrutiny on the Supreme Court’s Student Debt Relief and Gay Rights DecisionsThe Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates “a constitutional right to refuse to serve members of a protected class.” And in the latter, the majority invalidates the Biden administration’s student debt relief program because, well, they had feelings about it. We're bringing you the latest bonus pod on these cases from Strict Scrutiny.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 Co...
2023-06-3050 min
Pod Save AmericaStrict Scrutiny on the Supreme Court’s Student Debt Relief and Gay Rights DecisionsThe Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates “a constitutional right to refuse to serve members of a protected class.” And in the latter, the majority invalidates the Biden administration’s student debt relief program because, well, they had feelings about it. We're bringing you the latest bonus pod on these cases from Strict Scrutiny.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 Co...
2023-06-3050 min
podcast de Wilson mariano Mário FijamosStrict Scrutiny on the Supreme Court’s Student Debt Relief and Gay Rights DecisionsThe Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates “a constitutional right to refuse to serve members of a protected class.” And in the latter, the majority invalidates the Biden administration’s student debt relief program because, well, they had feelings about it. We're bringing you the latest bonus pod on these cases from Strict Scrutiny.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 Co...
2023-06-3054 minpodcast de Wilson mariano Mário Fijamos"The Arrest Is History."It’s a Pod Save America and Strict Scrutiny crossover! Jon, Jon and Tommy get together with Leah Litman and Kate Shaw to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
2023-04-0539 minPod Save America"The Arrest Is History."It’s a Pod Save America and Strict Scrutiny crossover! Jon, Jon and Tommy get together with Leah Litman and Kate Shaw to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
2023-04-0535 minPod Save America"The Arrest Is History."It’s a Pod Save America and Strict Scrutiny crossover! Jon, Jon and Tommy get together with Leah Litman and Kate Shaw to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
2023-04-0535 minPod Save America"The Arrest Is History."It’s a Pod Save America and Strict Scrutiny crossover! Jon, Jon and Tommy get together with Leah Litman and Kate Shaw to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
2023-04-0535 min
Law Law Landamicus-ing crazy w all this dark money (amicus briefs duh!)Today on the podcast, Tsiouts, Juliette, and Braxdon dive into the dark money behind the "friends of the court" (aka amicus briefs), and discuss their favorite podcast Strict Scrutiny and adoring devotion towards Melissa Murray, Kate Shaw, and Leah Litman.
2022-11-3038 minStrict ScrutinyBONUS: Strict Scrutiny x Why Is This Happening?The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Sh...
2022-01-191h 02Why Is This Happening? The Chris Hayes Podcast#WITHpod & Strict Scrutiny CrossoverLate Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting an...
2022-01-181h 02
Irrational Basis ReviewIncorporation DoctrineWhen first adopted, the Bill of Rights only applied to the federal government -- not state governments. But in the early twentieth century, the Supreme Court began to rule that the rights enumerated in the Bill of Rights are part of the liberty that is protected by the due process clause in the Fourteenth Amendment. Here's a quick and dirty dive into the incorporation doctrine.
2022-01-1412 minIrrational Basis ReviewLaw School 101Whether you're just starting law school or need some extra inspiration to help you continue, this conversation is here to help. We're joined by Lindsay Kendrick, Dean of Students and the Assistant Dean for Diversity and Inclusion at NYU School of Law, and Susie Spies Roth, Associate Dean, Dean of Students, and Clinical Assistant Professor of Law at Northwestern's Pritzker School of Law.
2022-01-1441 minIrrational Basis ReviewAppointment & RemovalWelcome to season 2 of Irrational Basis Review! We're kicking things off with an overview of Article II of the Constitution and the President's power to appoint officers and remove them.
2022-01-1413 minIrrational Basis ReviewSex, Gender, & the ConstitutionJoin us for a deep dive into the Fourteenth Amendment's relationship to sex and gender. Even though Abigail Adams implored her husband John to "remember the ladies" when helping to draft the Constitution, the original text doesn't mention women, much less gender. When the Fourteenth Amendment was adopted in 1868, guaranteeing all American citizens equal protection under the law, it became a tool for women and minorities to fight discrimination.
2022-01-1419 minIrrational Basis ReviewRace Conscious RemediesIn Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that standard in Brown v. Board of Education, the case holding that racial segregation in schools was unconstitutional. In the past couple of decades, however, a new question has arisen—should strict scrutiny apply to laws that distinguish on the basis of race in order to help minorities?
2022-01-1418 min
Amicus With Dahlia Lithwick | Law, justice, and the courtsThe Supreme Court’s Charm OffensiveDahlia Lithwick is joined by Melissa Murray, Leah Litman, and Kate Shaw of the Strict Scrutiny podcast for a special Supreme Court term kick-off panel recorded at the Texas Tribune Festival. They tackle the big-ticket items facing the high court: abortion, guns, and maybe affirmative action. They also discuss the court’s struggle to shore up its legitimacy in the middle of a hard-right turn. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out what on earth is going on in all the various courts with Texas’ abortion law SB 8, how o...
2021-09-2539 minIrrational Basis ReviewAnimusWhat happens when rational basis gets bitten by a radioactive animus spider? It becomes super-powered and invalidates a range of discriminatory conduct. Where did this toothier form of rational basis come from? And which Justice made it his life’s work to wring every bit of goodness out of the whole concept of animus?
2021-03-2918 minIrrational Basis ReviewCarolene Products: Footnote 4Start your study of individual rights on the right foot(note) with this discussion of Con Law’s most famous footnote and the tiers of scrutiny that it spawned.
2021-03-1513 minIrrational Basis ReviewUnenumerated RightsWe do a deep dive into unenumerated rights-- where do they come from? Why do they get such a bad rap? How do we know when an unenumerated right is entitled to the most robust constitutional protections?
2021-02-2011 min2021-02-2009 minIrrational Basis ReviewCongress’s Section 5 PowerA deeper dive of Congress’s power to enact legislation pursuant to the Fourteenth Amendment.
2021-02-1711 min
Digging a Hole: The Legal Theory PodcastKate Shaw & Leah LitmanWe’re kicking off Season 2 by chatting with the hosts of the Strict Scrutiny podcast, Kate Shaw and Leah Litman, about the future of the Supreme Court, reform proposals, and the Court’s past and present legitimacy.
Additional reading, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.
2021-02-0953 minIrrational Basis ReviewCommerce Clause JurisprudenceA rollicking ride covering the Court’s Commerce Clause jurisprudence from Gibbons v. Ogden, to the Gilded Age, to the New Deal, to the present.
2021-02-0224 minIrrational Basis ReviewPresidential Power & Checking the PresidentA topic of increasing importance -- empowering and constraining the President.
2021-01-2619 minIrrational Basis ReviewStanding DoctrineA quick and dirty guide to understanding standing doctrine, its relationship to the other justiciability doctrines, and the substantive consequences of this procedural constraint of jurisdiction (with particular emphasis on Lyons v. City of Los Angeles).
2021-01-2314 min
The Power of Attorney2.13_Strict Scrutiny/The Power of Attorney: The Crossover Episode!Co-Dean Kim Mutcherson and hosts of Strict Scrutiny, Leah Litman, Melissa Murray, and Kate Shaw combine forces in a crossover episode! The hosts discuss the Court's recent grants, the decision in FDA v. ACOG, and recap some of January's cases.
Learn more about Strict Scrutiny!
The Power of Attorney is produced by Rutgers Law School. With two locations minutes from Philadelphia and New York City, Rutgers Law offers the prestige and reputation of a large, nationally-known university combined with a personal, small campus experience. Learn more by visiting law.rutgers.edu.
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2021-01-201h 01Irrational Basis ReviewHeller High Water (Heller v. District of ColumbiaA deep-ish dive into District of Columbia v. Heller and the various interpretive methodologies that courts use in constitutional interpretation.
2021-01-1917 minIrrational Basis ReviewCourt Packing (Marbury v. Madison)The case that started it all… get a better understanding of this stalwart of the Con Law curriculum.Just because constitutional law might seem irrational doesn’t mean you can’t or don’t understand it. We’re here to help with that.This show is designed to help law students get a leg up on their constitutional law classes, law professors supplement their classes, and people who want to learn more about the foundations of constitutional law.
2021-01-1815 minIrrational Basis ReviewAnnouncing...Irrational Basis Review!Introducing Irrational Basis Review: a podcast that is rationally related to a legitimate educational purpose -- introducing, analyzing, and contextualizing the foundational constitutional law cases that are part of the first year law school curriculum. Perfect for professors looking to supplement their (online) courses, students looking to get a leg up on class discussions, or people interested in learning more about the big con law cases! Coming Winter 2021 (just in time for second semester).
2020-08-1201 minStrict ScrutinyIs This Thing On?Strict Scrutiny is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–- one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme...
2019-06-1901 min