The Supreme Court Commission finished its work early! Probably because, you know, they didn't f*cking do anything useful. Gabe Roth of Fix the Court returns to discuss why the commission failed, what's really wrong with the court, and debate with us how to actually fix it. Court packing? Term limits? Both? Listen in!
SCOTUScast - Dobbs v. Jackson Women’s Health Organization – Post-Argument SCOTUScast
On December 1, 2021, the U.S. Supreme Court heard Dobbs v. Jackson Women's Health Organization, on the question of whether all pre-viability prohibitions on elective abortions are unconstitutional. This distinguished panel will review the oral arguments, explore the legal issues involved, and anticipate where the law might be headed.
Featuring:
- Prof. Daniel Farber, Sho Sato Professor of Law, University of California, Berkeley
- Prof. Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of Law, University of Notre Dame Law School
- Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- Prof. Richard Re, Joel B. Piassick Research Professor of Law, University of Virginia School of Law
- Prof. Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law
Featuring:
- Prof. Daniel Farber, Sho Sato Professor of Law, University of California, Berkeley
- Prof. Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of Law, University of Notre Dame Law School
- Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- Prof. Richard Re, Joel B. Piassick Research Professor of Law, University of Virginia School of Law
- Prof. Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law
SCOTUScast - New York State Rifle & Pistol Association Inc. v. Bruen – Post-Argument SCOTUScast
On November 3rd, the Court heard argument in New York State Rifle and Pistol Association v Bruen, a case which concerned whether New York's law requiring that applicants for unrestricted concealed-carry licenses demonstrate a special need for self-defense violates the Second Amendment. Examining oral argument today, we have Professor Adam Winkler, the Connell Professor of law at the UCLA School of Law, and Professor Robert Leider of George Mason’s Antonin Scalia Law School.
Strict Scrutiny - Our Favorite Things, 2021
Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things.
To wear
Washable silk pajamas from Lunya
The Lady Doth Etsy shop
To read
My Monticello, by Jocelyn Nicole Johnson
The Silence of the Girls, by Pat Barker
The Women of Troy, by Pat Barker
Born on the Water, Nikole Hannah-Jones and Renee Watson
How to be Successful Without Hurting Men’s Feelings, by Sarah Cooper
To eat
Levain Bakery cookie assortment
To support women journalists
Dahlia Lithwick - Slate Plus
Alexandra Petri - Washington Post
Rebecca Traister and Irin Carmon - New York Magazine and The Cut
Erinn Haynes and Shefali Luthra - The 19th
To smell
Parks Project-- like this Yosemite Lodgepole Pine Candle
To spoil your dog
And of course, to rep your favorite podcast
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
Amicus With Dahlia Lithwick | Law, justice, and the courts - Jan. 6: The Coup That Wasn’t, but Still Could Be
Almost a year later, are we seeing signs of some sort of accountability for the Jan. 6 insurrection? And why is that accountability so important and yet so hard to achieve? Dahlia Lithwick is joined by Walter Shaub, former director of the Office of Government Ethics, Shaub currently leads the Project on Government Oversight’s ethics initiative.
Podcast production by Sara Burningham.
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Opening Arguments - OA552: Will Joe Manchin Save Democracy? No, Really! … Stop Laughing…
Today's show breaks down President Biden's pivot from passing the Build Back Better Act to passing the Joe Manchin-cosponsored Freedom to Vote Act, S. 2747. What's in the bill? Is it Manchin'ed? Listen and find out!
In the "B" segment, Andrew points and laughs at insurrection John C. Eastman's doomed attempt to prevent Verizon from turning over his phone records to the 1/6 Commission.. It's funny because they're all dumb.
Finally, we have a very brief update on the Activision lawsuit you won't want to miss.
Links
- Here's a link to a Washington Post article that contains additional links showing how you can help victims of the Quad State tornadoes.
- Here's the text of S. 2747.
- Eastman's lawsuit is hilariously bad, and don't forget to check out the case he thinks helps him (it doesn't), Yellin v. US, 374 US 109 (1963).
- Finally, we explain what that denial of DFEH's motion to intervene in the Activision lawsuit really means.
Amarica's Constitution - The Court Astonishes – Special Guest Ed Whelan
Amarica’s Constitution is 50 - 50 episodes, that is. The Supreme Court isn’t done with abortion yet, as it marks our “silver episode” unveiling with a pair of rulings on the Texas abortion law, SB8. The rulings themselves may not be long remembered, but the opinions contained sentences that shocked Professor Amar. In a happy coincidence, the Friday rulings coincided with a Friday taping, and we happened to have a special guest - Ed Whelan, creator of the well-known “Bench Memos” legal blog and Distinguished Senior Fellow of the Ethics and Public Policy Center. We dissect the very revealing statements by Chief Justice Roberts, Justice Sotomayor, and others, on an eventful day.
Divided Argument - Completely Naïve Idiot
Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban.
Opening Arguments - OA551: Trump May Out of Office but His Federal Judges Are Not
They're busy at work making a complete mockery of the law. To call them howler monkeys is an insult to howler monkeys, who I'm sure would at least try their best. Andrew takes us through a couple recent opinions by Trump Judges that remind us why it was so goddamn important both to elect Biden AND to win those two Georgia Senate seats. Let this episode be a motivator! These are the people who end up deciding the most important cases when we let Republicans back in power. Links: VanDyke ABA rating, Duncan v Bolta, Terry A. Doughty, Louisiana v Becerra, Who Are the Scientists Behind the Great Barrington Declaration?, Peter A. McCullough
Strict Scrutiny - The Marshmallow Experiment
We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year!
Resources:
- Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life."
- Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez
- Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion"
We rely on listeners to keep the show funded! You can become a Glow supporter for $7/month, or pick up some merch as you do the rest of your holiday shopping.
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