Strict Scrutiny

Election Day is upon us, and President Trump is already trying to sow doubt in the results – with the help of the courts. But first, Leah, Kate, and Melissa preview the cases the Supreme Court will be hearing this week, including St. Mary Catholic Parish v. Roy, a Colorado case that puts anti-LGBT discrimination back in the spotlight. Then, it’s time to get into the DOJ’s failed attempt to segregate ballots in California, and its lawsuit against Alaska for allowing more than one candidate named Dan Sullivan to run for Senate. Plus, some fun reenactments of a bonkers hearing on the D.C. golf course Trump wants to renovate.

Favorite Things:

• Leah: Jon Lovett and Tim Miller on supporting Abdul El-Sayed | The Cheesecake Factory discourse
• Kate: Former President Barack Obama's response to The Cheesecake Factory discourse | The Osborne Association’s annual benefit
• Melissa: Supporting Kate at the Osborne Association’s annual benefit | Obama’s shade about The Cheesecake Factory | Leah’s supercut of President Trump talking about Republican Senator Jon Husted’s butt | Dolly All the Time by Annabel Monaghan

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Leah and Melissa break down the administration’s latest lawsuits, from the DOJ’s fight over Alaska’s Senate candidacy, to its efforts to force California to turn over voter information, to Trump’s golf course fiasco. They also recap the latest developments at the Supreme Court, including a lower court ruling on New Hampshire’s election guidance for student IDs and the Court’s decision not to hear a significant copyright dispute out of the Fifth Circuit. Plus, they unpack the administration’s seemingly endless legal corruption, from Alina Habba to Vivek Ramaswamy’s disgusting Ohio campaign ads targeting his opponent, Amy Acton. Then, Kate talks with Rachel Shelden about her new book, The Political Supreme Court: A Forgotten History.

Favorite Things:

• Leah: Attachments by Rainbow Rowell | Queen of Lombard Street by Lisa Kleypas |Talarico x The Chicks | You Can See Everything |Pablo Torre on Vivek | Lily Allen celebrating the one-year anniversary of West End Girl with a sex toy launch
• Melissa: Happy Anniversary Mr. Melissa Murry! | The Diplomat

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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The nation is on a fast-paced slide toward full-on fascism, but what else is new? Leah, Kate, and Melissa recap Matt Gaetz’s sex trafficking civil suit, Katie Zacharia’s first—and last—week as White House Press Secretary, and the disturbing raid on Congresswoman Ilhan Omar’s home. Then, they dive into this week’s blockbuster Supreme Court arguments, including Suncor Energy Inc. v. County Commissioners of Boulder County, Beaird v. United States, and Salazar v. Paramount Global. They break down the fight over climate accountability, the role of federal sentencing guidelines, and whether a decades-old privacy law can keep up with modern streaming services. Plus, they discover just how out of touch some of the justices are when conversation keeps circling back to Blockbuster. Finally, Leah talks with journalist and author Alice Ollstein about her new book, Side Effects: How Abortion Bans Impact Everyone’s Health.

Favorite Things:

• Leah: Mad Mabel by Sally Hepworth | Book Lovers by Emily Henry | Kate Manne on Call Her Daddy | Side Effects by Alice Ollstein | The Duke by Anna Cowan | The Earl Takes All by Lorraine Heath
• Kate: Blockers by Michael Lewis
• Melissa: The Correspondent by Virginia Evans | The 14th | The Diplomat

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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The first week of the new term has come and gone, and things are heating up… literally. Kirti Datla, director of Earthjustice’s Strategic Legal Advocacy Program, joins Melissa and Leah to discuss the term’s biggest climate case: Suncor v. Commissioners of Boulder County. They break down whether Boulder County’s lawsuit against oil and gas companies can move forward, or if the Court will shut it down based on federal law. Then, they dive into Samuel Alito’s big, bad book press tour and his reflections on Dobbs—including the friendships he says he lost along the way. Plus they cover Kash Patel’s engagement, Kimberly Guilfoyle’s corruption controversies, and Pete Hegseth’s announcement of a public execution. Finally, Melissa talks with Professor Bernadette Atuahene about her new book: Plundered: How Racist Policies Undermine Black Homeownership in America.

Favorite Things:

• Leah: So Unexplained: Justice Alito’s Non-Responsive Emergency Docket Defense | Steve Vladeck’s Substack: One First | Jon Ossoff V. Mike Collins Debate | Marquette Poll
• Melissa: Cherry Baby by Rainbow Rowell

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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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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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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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.

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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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

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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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.

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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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

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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In the third installment of our Hot Supreme Court Reform September series, Leah sits down with Daphna Renan and Nikolas Bowie to discuss how judicial supremacy became the default operating system of the federal government, and how limiting the Supreme Court’s power to decline to enforce federal statutes is a crucial tool for reining it in. Niko and Daphna’s book is Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway here!

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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Kate, Leah and Melissa hop on to break down the Supreme Court’s decision to block the Trump administration’s Postal Service regulation announcing it would not deliver mail-in ballots unless states adopted a bunch of last-minute, unnecessary, burdensome, and impossible policies governing mail in ballots. They cover Trump’s tantrum over the decision, Brett Kavanaugh’s endlessly pathetic pick-me energy, and Sam Alito’s God tier false equivalencies.

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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 http://crooked.com/strict_cle

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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

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

Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign finance fights, and Missouri Republican efforts to push a mid-cycle congressional redistricting plan that could eliminate a Democratic seat. Also: a Strict Scrutiny history lesson on the “segregation academies” created across the South in resistance to school integration, and how new proposed regulations from the Trump administration have the potential to utterly remake education and turn the dial back to a time when American education was racially divided. Then Melissa, Leah and Kate sit down with Niko Bowie & Daphna Renan to talk about their new book, Supremacy: How Rule by the Court Replaced Government by the People. Enter the giveaway for Supremacy here! Public comments on racial nondiscrimination in private schools here.

Favorite Things:

• Melissa:Rashad Robinson’s From Presence to Power: How to Take On the Fights That Matter--and Win; Where the Girls Were by Kate Schatz; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreckby Sophie Elmhirst
•

Rashad: U.S. Open specifically Coco Gauff, Frances Tiafoe, and Ben Shelton; ADULTS, The Scrub Episode (FX); The Disappearers by Marlon James

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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Nate Silver, Clare Malone, and Galen Druke discuss the most competitive Senate races heading into the midterms in this excerpt from their new podcast, Still Counting. To hear the rest, head over to Still Counting and subscribe! New episodes drop every Wednesday evening.

You can request a transcript by emailing transcripts@crooked.com. Include the podcast name, episode title, and air date. Please allow 48 hours for delivery.

In part two of our Hot Supreme Court Reform September series, Kate and the Brennan Center’s Alicia Bannon make the case for term limits for the Court. The idea has bipartisan support, but what would they look like in practice? And, crucially, does Congress have the power to impose them?

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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How do you solve a problem like SCOTUS? Kate kicks off our Hot Supreme Court Reform September series with the New York Times’ Jamelle Bouie. They dig into the ins and outs of expanding the Court: what the process could look like, the argument for making the entire federal judiciary bigger, and how to avoid an FDR-style fail.

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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In this bonus episode, Leah and Melissa break down the Supreme Court’s decision to let Trump move forward with plans for a White House ballroom, despite lower courts finding that the project cannot proceed without congressional authorization and appropriated funds. They also discuss a whistleblower’s allegations that the federal government is defying court orders on voting by mail, and new reporting from Jodi Kantor on the Supreme Court’s secretive policies governing when the justices’ papers and internal records will be made public.

• Take theStrict Scrutiny survey.
• New Strict merch availablehere.
• 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 athttp://crooked.com/strict_cle
• Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC:http://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 onInstagram,Threads, andBluesky
• For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

Kate and Leah break down last week's atrocious shadow docket order on the President's wildly illegal executive order concerning elections and absentee ballots, which furthers the administration's effort to, as Justice Ketanji Brown Jackson warns, "foment chaos ahead of the November elections." Then, after touching on other legal news from the week, Leah speaks with former Governor of North Carolina—and current Senate candidate—Roy Cooper about the Court’s gutting of election law and what he’ll do about it when he’s elected. Finally, we kick off Hot SCOTUS Reform September with a conversation about docket reform featuring One First’s Steve Vladeck. Look out for our bonus series on Supreme Court reform every Thursday in September!

Favorite things:

• Leah: Pumpkin spice latte season; Taylor Swift’s Icon Session; Operation Metro Surge resistance takes center stage in State Fair art (MPR News);KBJ’s dissent in Trump v. California
• Kate:Paradiso 17, Hannah Lillith Assadi;Ordinary People, Extraordinary Times, Skye Perryman;The Political Supreme Court, Rachel A. Shelden;End Times Fascism, Naomi Klein and Astra Taylor; meeting Mikey Friedman and learning aboutPage Break; Dolly Parton tributes

Take the Strict Scrutiny survey.

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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 http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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In the second episode of our Know Your Rights series, Leah and Melissa sit down with NYU Law’s Daniel Harawa to break down what you do—and don't—have to say when law enforcement stops you. They cover the difference between being seized and a consensual encounter, and the crucial distinction between knowing your rights on paper and using your judgment to stay safe in the moment.

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 http://crooked.com/strict_cle

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://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

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

Huge news for lawyers: 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 http://crooked.com/strict_cleLeah is joined by guest co-host Somil Trivedi, advocacy director & senior counsel at Court Accountability, to run through last week’s legal news, which involves a whole lot of straight up fascism, the corruption that enables it, and the rising tide of Christian nationalism. They also ask the important questions: Who’s the richest SCOTUS justice? And…what exactly is Trump babysitter Natalie Harp’s whole deal? Then Melissa sits down with Jesse Wegman for a conversation about his book, The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution.

Favorite Things:

• Leah: The Natalie Harp saga; The Five-Star Weekend (Peacock); Lost Weekend, Phoebe Bridgers; He Was Deported to a Country He’d Never Heard Of. He May Never Go Free, Nicholas Casey (NYT); Kate’s conversation with Julia Angwin and Ami Fields-Meyer about their book, On Courage; The Wrong Kind of American, Julia Curlee (The Atlantic)
•

Somil: Lost Weekend, Phoebe Bridgers; Frozen Charlotte, Jack White

Follow us on Instagram, Threads, andBlueskyGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

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Huge news for lawyers: 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 http://crooked.com/strict_cleKate is joined by Liz Oyer, former DOJ pardon attorney and federal public defender, to tick through last week’s news. Among the items covered: Todd Blanche’s swearing-in by lackey Emil Bove, the latest attempt by the administration to expand executive privilege, the renewed vendetta against the Fed’s Lisa Cook, and John Roberts’ Substack debut…That’s right, the Chief is out here postin’. Then, a conversation with Julia Angwin and Ami Fields-Meyer about their new book, On Courage: How to Be a Dissident in an Age of Fear. Check out Liz’s podcast, Is This Really Legal?.

Favorite things:

• Kate: Just Security’s Reinvention Blueprints; One Woman’s Message From the Hell of ICE Detention, Maryam Tahmasebi; John Oliver on the DOJ; Trump’s catering cart caper
•

Liz:How to Rule the World: An Education in Power at Stanford University, Theo Baker; The Things We Never Say, Elizabeth Strout; Ponies (Peacock)

Follow us on Instagram, Threads, andBlueskyGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: http://crookedcon.com/Buy Melissa’s book,The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperback

Follow us onInstagram,Threads, andBlueskyFor a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com