Flushgate

FromStrict Scrutiny

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Flushgate

FromStrict Scrutiny

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Length:

75 minutes

Released:

May 11, 2020

Format:

Podcast episode

Description

In this jam-packed episode, Jaime and Melissa recap the Supreme Court’s first-ever telephonic arguments, delve into how three men advocated for or against contraceptive coverage for women, preview next week’s high-profile arguments, and recap some recent opinions. Whoa, it’s exhausting even just typing that.

Released:

May 11, 2020

Format:

Podcast episode

Titles in the series (100)

A podcast about the Supreme Court and the legal culture that surrounds it. A project of The Appeal, hosted by Leah Litman, Melissa Murray, and Kate Shaw. Produced by Melody Rowell.

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Calm Before the Storm: On this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!) by Strict Scrutiny
71 min listen
BONUS: Kate Shaw on Why is This Happening? with Chris Hayes: It's a mash-up! Kate Shaw joins Why Is This Happening? with Chris Hayes to talk all things impeachment. by Strict Scrutiny
51 min listen
BONUS: Supreme Inequality with Adam Cohen: Back in February, when crowds were still a thing, Melissa interviewed Adam Cohen about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America. Thanks to the Brennan Center for Justice at NYU School of Law for letting us share this riveting conversation with Strict Scrutiny listeners. by Strict Scrutiny
52 min listen
BONUS: Jaime Santos on Our Curious Amalgam: Jaime Santos joins John Roberti and Christina Ma from Our Curious Amalgam to talk antitrust and the Supreme Court! by Strict Scrutiny
33 min listen
No Jonathans Or Pauls: Boston University School of Law put together an amazing live show! Leah, Melissa, and Jaime are joined by two fabulous BU law professors, Sarah Sherman-Stokes and Danielle Citron (MacArthur genius and Strict Scrutiny ninja). The group proclaims victory for gender parity and previews two cases (US v. Sineneng-Smith and Seila v. CFPB) before discussing Danielle's work on deep fakes and taking a question from the wonderful audience. This event was recorded live at WBUR CitySpace in Boston. Thanks to WBUR and BU for the very warm welcome! by Strict Scrutiny
70 min listen
Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center): In this special bonus episode, Melissa and Kate are joined by co-editor Reva Siegel to discuss their book "Reproductive Rights & Justice Stories," in a conversation moderated by Rebecca Traister and hosted by the Brennan Center for Justice at NYU School of Law. by Strict Scrutiny
66 min listen
Repeat Players: Leah and Jaime recap some of the Supreme Court’s October cases, including Ramos v. Louisiana, Mathena v. Malvo, and Aurelius Investment v. Puerto Rico. Then they pretend the Supreme Court had no additional cert grants before leaving listeners with a deep thought … slash question. by Strict Scrutiny
77 min listen
Is This Thing On?: Announcing a new podcast .... Strict Scrutiny! Strict Scrutiny covers the Supreme Court and the legal culture that surrounds it. by Strict Scrutiny
1 min listen
Pineapple & Rage: In our final summer episode, it’s a reproductive rights and justice block party (or wake, depending on your perspective). Leah, Melissa, and Kate discuss the reproductive rights and justice cases that made their way to the Supreme Court, the cases that almost made their way to the Court, and the cases that might make their way to the Court soon. They also point out how many of the Court’s cases have implications for reproductive justice before walking through some recent reproductive justice litigation involving the Supreme Court bar. by Strict Scrutiny
84 min listen
Moot and Rally: Leah and Kate discuss a case that isn’t even a real case involving a real law, as well as the very real and very important Affordable Care Act case on the Court’s December calendar. They also recap some Federalist Society Gala happenings and developments in the cases involving subpoenas for the President’s financial records. by Strict Scrutiny
73 min listen
Rick Perry and the German Policeman: On this special Title VII episode, Leah, Jaime, and Kate are joined by a special guest – Jay Austin, Senior Associate Dean of Enrollment and Financial Aid at Rutgers Law School. Together they recap the Title VII arguments (which means a lot of bathroom talk). by Strict Scrutiny
70 min listen
Podapalooza Teaser: This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org by Strict Scrutiny
1 min listen
Sipping My Tea: In the inaugural episode of Strict Scrutiny, Leah, Melissa, Jaime, and Kate recap two of this term's biggest opinions--partisan gerrymandering and the census. They also walk through a theme of this term (stare decisis) before talking about the podcast's role in Supreme Court legal culture. It's Strict Scrutiny's test pancake, so enjoy the show! by Strict Scrutiny
82 min listen
Where My Girls At?: On this episode, Kate and Melissa talk breaking SCOTUS news; preview three cases from the upcoming November sitting -- DACA, Hernandez v. Mesa, and Comcast; and go deep on amicus invitations and (lack of) diversity in the Supreme Court bar. by Strict Scrutiny
73 min listen
BONUS: Melissa Murray on ACLU's "At Liberty": Melissa joins the ACLU's Emerson Sykes for an episode of their podcast, At Liberty. The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving. by Strict Scrutiny
38 min listen
Eat Your Spinach: After a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves. by Strict Scrutiny
70 min listen
We See You, Steve: Just what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be. by Strict Scrutiny
62 min listen
Workplace Misconduct And The Federal Courts: Leah and Jaime are joined by Deeva Shah (from Law Clerks for Workplace Accountability) and Sejal Singh and Emma Janger (from People’s Parity Project) for a discussion about workplace misconduct and the federal courts. by Strict Scrutiny
62 min listen
2020 Bingo Card: Leah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision). by Strict Scrutiny
75 min listen
Cassandra Moment: While Kate and Jaime recover from the live show, Leah and Melissa bring some exciting impeachment updates … including the Chief Justice caught on camera in Strict Scrutiny SWAG (?!?). They also recap two of the January arguments, Espinoza v. Montana Department of Revenue and Shular v. United States, and offer some “I told you so” s about the Court’s recent cert grants. by Strict Scrutiny
60 min listen
This is Kansas: Leah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity. by Strict Scrutiny
61 min listen
Criminally Petty: Kate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild. by Strict Scrutiny
62 min listen
Leg Day: In the second summer episode, Leah, Melissa and Jaime keep things light with a discussion of the Court's death penalty docket, the Armed Career Criminal Act cases from this past term, and Justice Kavanaugh's opinion in Flowers v. Mississippi. Kate also joins them to reflect on her time clerking for Justice John Paul Stevens. Last episode was our testing pancake, and this one is B-A-N-A-N-A-S. by Strict Scrutiny
75 min listen
Podapalooza Live Event: We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET! by Strict Scrutiny
1 min listen
How To Train Your Killer Whale: Leah Melissa, Jaime, and Kate recap the last term -- high points (flushgate), low points (you’ve heard some of these before), and everything in between. They also discuss the psychology behind how to train our country’s new median #SCOTUS killer whale, John Roberts. Oh, and there are LOTS of announcements and breaking news on this episode too. by Strict Scrutiny
76 min listen
Made Up Immunities: Kate and Jaime discuss contributors to injustice--doctrines that encourage (or at least immunize) racial profiling and police misconduct-- with Fred Smith Jr, associate professor at Emory University School of Law. They also discuss some recent court news and recap a few opinions. by Strict Scrutiny
66 min listen
Stay Frustrated: Kate and Melissa are joined by special guest Emily Bazelon to talk about her New York Times Magazine article, “How Will Trump’s Supreme Court Remake America?” Plus, we've got opinions that offer some hints to what future cases might me on the justices' minds. by Strict Scrutiny
63 min listen
Standing Cheese: In the very first live show, Strict Scrutiny goes blue at the University of Michigan in Ann Arbor! The full crew recaps two arguments from the January sitting (Kelly v. United States and Thole v. US Bank) and notes some uncomfortable interactions inside and outside of One First Street. They also discuss upcoming student conventions for the American Constitution Society and People’s Parity Project after Leah and Melissa explain to Kate and Jaime what GTL means. Thanks to our hosts, the ACS student chapter at the University of Michigan! by Strict Scrutiny
65 min listen
Blood-Stained Bunny Costume: Because constitutional law makes everything more fun, Leah and Melissa decided to spot constitutional law issues in Netflix’s quarantine hit, Joe Exotic. They are joined by Delci Winders, Assistant Clinical Professor & Director of Animal Rights Clinic, Lewis & Clark Law School, who shares some of the important animal rights and animal welfare issues the show left out. This one goes out to you, Carole Baskin! by Strict Scrutiny
54 min listen
Turd In The Punch Bowl: Leah, Melissa, and Kate offer a quick recap and analysis of the 6-3 opinion in Bostock v. Clayton County that came out this morning, ruling that LGBTQ are afforded workplace protections under Title VII. by Strict Scrutiny
20 min listen

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SCOTUS Seems to Normalize Authoritarianism: Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak! by Strict Scrutiny
84 min listen
Will SCOTUS Let January 6 Defendants Off the Hook?: Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care. by Strict Scrutiny
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SCOTUS’s Final Sitting of the Term Is A Doozy: In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit. by Strict Scrutiny
67 min listen
Florida Becomes a Battleground for Reproductive Rights: Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering. by Strict Scrutiny
64 min listen
The Absurd Fiction of the Mifepristone Case: Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX. by Strict Scrutiny
76 min listen
The Supreme Court Abortion Pill Case: Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court. by Strict Scrutiny
17 min listen
Texas, Immigration, and Easily Avoidable Chaos: Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials. by Strict Scrutiny
83 min listen
Welcome to Conservative Grievance Week: The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions. by Strict Scrutiny
78 min listen
The TLDR of Trump's Indictments: Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it. by Strict Scrutiny
56 min listen
SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of): The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (heinous) reasoning and what it means going forward. by Strict Scrutiny
49 min listen
Content Moderation, Machine Guns, and Trump's Trial Calendar: Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. by Strict Scrutiny
86 min listen
The Alabama Supreme Court Embraces Fetal Personhood: Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, and hear from Sherrilyn Ifill about her work on the 14th Amendment. by Strict Scrutiny
89 min listen
The Good, The Bad, And The Ugly From State Courts: Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts. by Strict Scrutiny
77 min listen
SCOTUS Has Their Own Theories About Trump’s Eligibility: The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision. by Strict Scrutiny
63 min listen
Why Did Trump Get Denied Immunity?: This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. by Strict Scrutiny
32 min listen
Does the Constitution Disqualify Trump from Presidency?: This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. by Strict Scrutiny
53 min listen
E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage": E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. by Strict Scrutiny
51 min listen
Who Has Final Authority At The Border?: Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War. by Strict Scrutiny
85 min listen
AITA? SCOTUS Edition: Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes. by Strict Scrutiny
66 min listen
The Legality of Presidents Doing Whatever They Want: Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. by Strict Scrutiny
68 min listen
Trump's Eligibility, Cash for Clarence, and a Meditation for 2024: We're only one week into 2024, and there's so much court news to catch up on! by Strict Scrutiny
77 min listen
New Year, Same Court: To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court. by Strict Scrutiny
62 min listen
Behind the Scenes of Overturning Roe v. Wade: Leah, Kate, and Melissa talk with Jodi Kantor about her New York Times reporting with Adam Liptak, about some of the drama that happened at the Supreme Court as the majority sought to overturn Roe. Plus, updates on grants, argument recaps from Wisconsin, and our annual edition of our favorite things! by Strict Scrutiny
86 min listen
Fake Cases, Fake Facts, Real Implications: Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a case involving Purdue Pharma and the Sackler family. Plus, we have a breaking update on an abortion-related case out of Texas. by Strict Scrutiny
74 min listen
Taking a Hatchet to Government Agencies: Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome two former clerks to Justice Sandra Day O'Connor to discuss her life and legacy. by Strict Scrutiny
90 min listen
A Deregulatory Sh*t Show Waiting to Happen: Kate, Melissa, and Leah preview the cases the Supreme Court will hear in December, and US Representative Ro Khanna stops by to chat about SCOTUS ethics reform. by Strict Scrutiny
64 min listen
A Code of Misconduct: Melissa, Leah, and Kate analyze the Supreme Court's newly released code of ethics, and assess the effects of abortion bans in Texas and Tennessee. by Strict Scrutiny
79 min listen
The Supreme Court's Second Amendment Mess: Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ. by Strict Scrutiny
72 min listen
Doing Government on Twitter: Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media. by Strict Scrutiny
68 min listen
Trump's Legal Defense is Dumb AF: Leah, Melissa, and Kate get up to date on the various cases pending against former President Trump. Plus, they preview the First Amendment cases coming before the Supreme Court this week. by Strict Scrutiny
67 min listen

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Flushgate

Flushgate

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Titles in the series (100)

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