Strict Scrutiny - Stay Mad Like Sam

Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30].

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  • 6/12 – NYC
  • 10/4 – Chicago

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Opening Arguments - OA593: Roe Was Never About a ‘Right to Abortion’

It is absurd to say "point to where in the Constitution it says you have a right to an abortion." Legally speaking, there's something a lot deeper and more basic going on. As we all already know, this leaked decision makes a mockery of the law. Andrew has some further deep-diving for us on how the court, a mere 20 years ago, ruled in the opposite direction on similar legal questions. Many of the same Justices were a part of that ruling. Listen and learn!

Links: Court press release, Draft Dobbs opinion, Abortion Policy in the Absence of Roe | Guttmacher Institute, Hodes & Nauser v. Schmidt, 87(R) SB 8, Arkansas SB 149 (2019), Lawrence v. Texas, Bowers v. Hardwick, 478 U.S. 186 (1986), Carey v. Population Services Int'l, 431 U. S. 678 (1977)

Amicus With Dahlia Lithwick | Law, justice, and the courts - Learning from Pre-Roe to Navigate Post-Roe

In a special live panel discussion in partnership with the Crosscut Festival, this week’s Amicus tackles the post-leak landscape and potential post-Roe fallout from Justice Samuel Alito’s draft opinion in Dobbs. An all-star panel, featuring law professor and podcast host Melissa Murray, journalist and bestselling author Jessica Bruder, and Slate’s news director Susan Matthews—host of the upcoming Season 7 of Slow Burn focusing on the road to Roe v Wade—get together to discuss the past, present, and future of reproductive liberty. 


Podcast production by Sara Burningham.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - The (draft) Opinion of the Court on Abortion

In a special episode for Slate Plus members, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern for in-depth analysis of the stunning leaked draft opinion from Justice Samuel Alito in Dobbs v Jackson Women's Health Organization, the abortion case that is poised to overturn 50 years of jurisprudence and Roe v Wade.

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Podcast production by Sara Burningham

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Amarica's Constitution - Woe is Roe

***CLE Available*** The bombshell news this week was the leak of a purported majority opinion of the Court in the Dobbs case - the Mississippi abortion 15 week law.  Needless to say, the media were breathless in short order, and apocalyptic articles began to appear everywhere.  For our part, we read the draft opinion and have a dissection and analysis of it start to finish for you.  We also discuss some previous Supreme Court leaks, and ask what arguments Justice Alito may have missed, which may be a preview of dissents to come. Continuing Legal Education credit is available after listening by visiting podcast.njsba.com.

Strict Scrutiny - What the SCOTUS leak could mean for abortion

Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion.

 

Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 6/12 – NYC
  • 10/4 – Chicago

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

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Opening Arguments - OA592: NYT’s ‘The Daily’ Botches SCOTUS Case Coverage

Andrew Seidel joins us to commiserate over both how much the Supreme Court is butchering State-Church Separation, and also how irresponsibly The Daily podcast covered the case involved. The NYT decided to devote an entire episode to a man who a Bush-appointed federal judge called out for being dishonest in his presentation of facts. Please yell at them with us, because this is garbage and we should expect better.