Category: 3-LawSometimeCommentary

In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!

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

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Andrew and AG from Mueller She Wrote teamed up for a QnA to test a new platform and we thought it would be fun to share here! Note: because Thomas wasn't involved, the audio quality is terrible. Yes this is Thomas typing this. But, it's workable and who doesn't love listening to Andrew and AG! They discuss Trump's corrupt pardons, the NAACP suing Trump for violating the Ku Klux Klan Act, and more!

HO HO HOOOOOOOOOrribly inadequate stimulus checks! The omnibus spending bill is still in limbo as a result of Trump's veto, but Andrew still has the deep dive on what's in this 5600 page monstrosity! It's not great, but there are reasons to be positive on the improvements made over the last bill.

Also Andrew tells us what's going on with the "Red Slime" lawsuits against some Fox News personalities who spread misinformation about voting machines.

Links: Our amazing fundraiser!, new bill, house amendment to the bill, Red Slime lawsuit filed in CO, The ‘Red Slime’ Lawsuit That Could Sink Right-Wing Media

Melissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year.

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

Dahlia Lithwick talks to Justice Stephen Breyer of the US Supreme Court for a Slate Plus exclusive, as part of Slate’s 80 over 80 coverage.

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Dahlia Lithwick talks to Justice Stephen Breyer of the US Supreme Court for a Slate Plus exclusive, as part of Slate’s 80 over 80 coverage.

Sign up for Slate Plus now to listen and support our show.

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On December 10, 2020 the Supreme Court decided Rutledge v. Pharmaceutical Care Management Association. The question presented was whether the Employee Retirement Income Security Act of 1974 (ERISA) pre-empts the State of Arkansas’ Act 900, which regulates the price at which pharmacy benefit managers reimburse pharmacies for the cost of drugs covered by prescription-drug plans. The U.S. Court of Appeals for the Eighth Circuit held that ERISA preemption applied. By a vote of 8-0, the Supreme Court reversed that judgment and remanded the case. Writing for the Court, Justice Sotomayor indicated that Act 900 “has neither an impermissible connection with nor reference to ERISA and is therefore not pre-empted.”
Justice Sotomayor’s opinion was joined by all other members of the Court except Justice Barrett, who took no part in the consideration or decision of the case. Justice Thomas filed a concurring opinion.
Max Schulman, an Associate at Gibson, Dunn & Crutcher, joins us today to discuss this ruling.

Recently, friend of the show Randall Eliason published an opinion piece for the Washington Post that got a ton of pushback. We voiced our strong disagreement to it on OA443: The (Terrible) Case Against Indicting Trump. We're very pleased to have Randall on the show to have a lively debate on the topic! Make sure to listen to part 1 if you haven't heard it yet!

Appearances

Andrew did QnA on my new game channel, check it out here!

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Leah and Melissa are joined by Alexandra Petri, author of Nothing Is Wrong And Here Is Why, and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal.

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

Dahlia Lithwick is joined by Michigan Secretary of State Jocelyn Benson to talk about lessons learned from this election cycle, and what it’s like to be in the eye of the “unleash the kraken” storm. 

Next, Dahlia talks with Professor Steve Vladeck of the University of Texas School of Law about Bill Barr’s departure from the Justice Department, and they try to shed some light on the latest signals emerging from the Supreme Court’s shadow docket. 

In our Slate Plus segment, Mark Joseph Stern joins Dahlia for all the Supreme Court news we couldn’t cram into the main show, including analysis of the Covid closure cases and Mitch McConnell’s unprecedented lame-duck judicial appointment spree.  

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Podcast production by Sara Burningham.

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