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 ...
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Project On Constitutional Originalism Podcasts
You Are Not So Smart is a show about psychology that celebrates science and self delusion. In each episode, we explore what we've learned so far about reasoning, biases, judgments, and decision-making.
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Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for…
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Will SCOTUS Say No to Trump’s Tariffs?
1:31:20
1:31:20
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1:31:20Live from Crooked Con in Washington, Leah, Kate, and Melissa unpack the surprisingly not-awful oral arguments for Learning Resources, Inc. v. Trump, which put the president's tariffs in the hot seat. Then the hosts are joined by Representative LaMonica McIver of New Jersey to discuss the bogus charges against her for “assaulting” federal agents whi…
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326 - The Origin of Language - Madeleine Beekman
46:11
46:11
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46:11We sit down with Dr. Madeleine Beekman, a professor emerita of evolutionary biology and behavioral ecology at the University of Sydney, Australia, whose new book, The Origin of Language, presents a completely new and fascinating theory for how language emerged in homo sapiens, in human beings, in you and me and the rest of us. Madeleine Beekman How…
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The Legal Battles Over Trump’s War on Blue Cities
1:17:21
1:17:21
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1:17:21Kate, Leah, and Melissa dive into the legal pushback over ICE and the National Guard in Chicago and Portland, anti-marriage equality goblin Kim Davis’s unwelcome return to the courts, the administration’s lawless strikes on boats in the waters around South America, and the specter of Trump 3.0. Then, they preview November’s SCOTUS cases, including …
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Kate and Leah dig into a very busy week of legal news as Trump wields his SCOTUS-enabled executive power in increasingly unhinged ways. They also discuss continuing challenges to the president’s deployment of the National Guard in blue cities, ProPublica’s reporting on “Kavanaugh stops,” and, for dessert, the bonkers text exchange between Trump lac…
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325 - Cognitive Dissonance - Part Two (rebroadcast)
57:58
57:58
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57:58In this episode we welcome Dr. Sarah Stein Lubrano, a political scientist who studies how cognitive dissonance affects all sorts of political behavior. She’s also the co-host of a podcast about activism called "What Do We Want?" and she wrote a book titled Don’t Talk About Politics which is about how to discuss politics without necessarily talking …
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Will the Voting Rights Act Survive SCOTUS?
1:45:57
1:45:57
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1:45:57Leah, Kate, and Melissa break down last week’s agonizing two-and-a-half-hour oral argument in Louisiana v. Callais, a case that could see the already weakened Voting Rights Act gutted even further. They highlight the themes that emerged and dig into the case’s broader context with Sam Spital, Associate Director-Counsel at the Legal Defense Fund, th…
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Will SCOTUS Allow Conversion Therapy for Minors?
1:49:09
1:49:09
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1:49:09Leah, Melissa, and Kate are back in business, breaking down this term’s first week of arguments at SCOTUS, including a challenge to Colorado’s ban on conversion therapy for minors. Also covered: the indictment of New York’s Attorney General Letitia James, the continuing legal fights against Trump’s efforts to send the National Guard into Portland a…
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324 - Cognitive Dissonance - Part One (rebroadcast)
57:57
57:57
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57:57In this episode, the story of a doomsday cult who predicted the exact date and circumstances of the end of the world, and what happened when that date passed and the world did not end. Also, we explore our drive to remain consistent via our desire to reduce cognitive dissonance. When you notice you’ve done something you believe is wrong, then you w…
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Something Wicked This Way Comes: A SCOTUS Term Preview
1:33:15
1:33:15
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1:33:15Kate, Leah, and Melissa preview what fresh hell SCOTUS has in store for us this term, including challenges to the Fourteenth Amendment and the Court’s continued obsession with fighting the culture wars. Then, after breaking down the latest legal news, the hosts welcome Lieutenant Governor of Illinois–and Senate candidate–Juliana Stratton to discuss…
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The Trump Administration's SCOTUS Winning Streak
1:59:19
1:59:19
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1:59:19Leah and Kate dive into the week’s legal news, explaining how SCOTUS continues to carry water for the Trump administration. They also cover an epic slapdown of the Roberts Court out of Hawaii, Sam Alito’s Italian sojourn, and the DOJ’s refusal to investigate the wads of cash lining border czar Tom Homan’s pockets. Then all three hosts are joined by…
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323 - Job Therapy - Tessa West (rebroadcast)
55:06
55:06
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55:06Are you unhappy at your job? Are you starting to consider a change of career because of how your current work makes you feel? Do you know why? According to our guest in this episode, Dr. Tessa West, a psychologist at NYU, if you are currently contemplating whether you want to do the work that you do everyday you should know that although this feeli…
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Looking for Bright Spots in the Courts
1:44:38
1:44:38
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1:44:38Leah is joined by guest co-host Skye Perryman, president & CEO of Democracy Forward, to discuss the week’s news, including the continued pushback on the shadow docket from the lower courts and Trump’s boundless abuse of Article II. Then Kate, Melissa, and Leah — along with special guest Sherrilyn Ifill — take a look at the impact of Justice Ketanji…
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How SCOTUS is Making Project 2025 a Reality
1:39:55
1:39:55
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1:39:55Our fearless hosts continue to slog through this sh*tty shadow docket summer, covering an order from the Court okaying racial profiling by ICE officers, some ominous administrative stays, Amy Coney Barrett’s ongoing press tour through right wing media, and the lower courts’ continuing frustrations with this Supreme Court. Then, Leah and Kate speak …
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322 - Intellectual Humility - Tenelle Porter
1:07:44
1:07:44
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1:07:44Can intellectual humility be measured? What influences it and affects it, limits it and enhances it? What even is it, scientifically speaking? We explore all of this and then play an episode of How to Be A Better Human featuring psychologist Tenelle Porter telling comedian Chris Duffy how she is researching how to conduct better research into intel…
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Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts sp…
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321 - Easy Crafts for the Insane - Kelly Williams Brown (rebroadcast)
1:18:08
1:18:08
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1:18:08This episode is about suicide prevention and awareness. Author Kelly Williams Brown tells us about her book, Easy Crafts for the Insane, in which she recounts how, after she gained fame and success as a NYT bestselling author, her world came apart. Then an anti-anxiety-drug-induced manic state nearly ended her life. 988 Suicide Prevention Month Kel…
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The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney genera…
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The Dubious Legality of Trump's DC Takeover
1:51:25
1:51:25
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1:51:25Kate and Leah recap the week's legal news, including argument calendars for the next SCOTUS term and President Trump's attempted federal takeover of Washington, DC. Then, it's our third annual State of The Uterus episode. Melissa and Leah talk with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, and Lisa Be…
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What is misinformation? How does it differ from disinformation or just plain ‘ole propaganda? How do we protect ourselves from people with nefarious intentions using all of these things to affect our thoughts, feelings, and behavior? That’s what we discuss in this episode with Matthew Facciani, social scientist and author of Misguided: Where Misinf…
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How the GOP is Trying to Steal the 2026 Midterms
1:59:34
1:59:34
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1:59:34Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Pro…
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Stacking the Bench with Creeps & Kooks
1:41:25
1:41:25
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1:41:25Leah and guest co-host Mark Joseph Stern of Slate and the Amicus podcast run through what’s been happening in the courts this week, including disturbing attacks on judges, the confirmation of the extremely unsavory Emile Bove, and Amy Coney Barrett’s upcoming appearance with Bari Weiss. Then, Kate and Melissa speak with Jessica Calarco, sociologist…
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319 - Love Factually - Eli Finkel and Paul Eastwick
1:06:08
1:06:08
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1:06:08Two psychologists who study love, relationships, and human mating behavior pick apart the movie "The Notebook" and tell us what it gets right and what it gets wrong when it comes to portraying how humans actually, truly think, feel, and behave. Eli Finkel and Paul Eastwick are the cohosts of the Love Factually podcast, a show that discusses the rom…
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Can Trump Sue His Way Out of the Epstein Mess?
1:32:28
1:32:28
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1:32:28Kate and Leah break down the week’s legal happenings, including Trump’s flailing efforts to manage the Epstein fallout, the latest abomination from the shadow docket, and the legal quagmire surrounding Trump lackey Alina Habba’s appointment as U.S. Attorney for New Jersey. Then, they speak with law professors—and former clerks for David Souter—Alli…
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SCOTUS Enables Government Destruction
1:30:08
1:30:08
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1:30:08Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration. Hosts’ favorite things: Kate: Legalistic Noncomp…
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318 - The Intention Action Gap - Britt Frank (rebroadcast)
1:10:01
1:10:01
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1:10:01In this episode, we sit down with therapist Britt Frank to discuss the intention action gap, the psychological term for the chasm between what you very much intend to do and what you tend to do instead. It turns out, there's a well-researched psychological framework that includes a term for when you have a stated, known goal – a change you'd like t…
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Katie Phang, independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trum…
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A Term for the Rich, the Reactionaries, and the Ruthless
1:39:45
1:39:45
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1:39:45With July upon us and bad decision season (mercifully) over, Leah, Kate and Melissa take a step back to recap this year’s SCOTUS term. They highlight some of the overarching themes, break down the biggest opinions, and look back at the moments they’ll remember forever–whether they want to or not. Hosts’ favorite things: Melissa: KBJ’s footnote 12 i…
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317 - Don't Talk About Politics - Sarah Stein Lubrano
1:10:11
1:10:11
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1:10:11Sarah Stein Lubrano tells us about her new book, Don't Talk About Politics, which urges us not to lose hope or become frozen in frustration when it comes to polarization and faulty discourse because the good news is that we don't just know, scientifically, why the marketplace of ideas is currently failing us, we know how, scientifically, we can do …
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SCOTUS Strengthens Conservative War on Education
1:01:52
1:01:52
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1:01:52Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s …
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SCOTUS Clears the Way for Trump’s Lawlessness
51:33
51:33
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51:33In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 …
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SCOTUS Deals Massive Blow to Health Care Access
53:14
53:14
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53:14In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’…
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Ketanji Brown Jackson Sounds the Alarm
1:38:14
1:38:14
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1:38:14First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes spo…
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316 - Cultures of Growth - Mary C. Murphy (rebroadcast)
1:08:13
1:08:13
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1:08:13In this episode we welcome psychologist Mary C. Murphy, author of Cultures of Growth, who tells us how to create institutions, businesses, and other groups of humans that can better support collaboration, innovation, performance, and wellbeing. We also learn how, even if you know all about the growth mindset, the latest research suggests you not ma…
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SCOTUS Upholds Tennessee Ban on Gender-Affirming Care for Minors
38:47
38:47
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38:47In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination…
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Can Trump Mobilize the Military Without California's Consent?
1:42:55
1:42:55
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1:42:55Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, …
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Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because.…
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Alex Edmans, a professor of finance at London Business School, tells us how to avoid the Ladder of Misinference by examining how narratives, statistics, and articles can mislead, especially when they align with our preconceived notions and confirm what we believe is true, assume is true, and wish were true. Alex Edmans May Contain Lies What to Test…
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