Strict Scrutiny

Podcast Episodes

Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs

After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today.

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SCOTUS’s Endless Beef with the EPA

Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country.

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"Ghost Guns" are Guns (Duh)

After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet.

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An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice

Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.

Listen back to our 2023 interview with one of Richard Glossip's lawyers

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You acknowledge and agree that you desire to comply with the requirements of Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6810 (GLB Act), and the Federal Trade Commission's implementing regulation, Regulation P, 16 C.F.R. Part 313 (Regulation P), in particular, as both relate to the disclosure and protection of Non-Public Personal Information (NPI) for consumers and customers. To the extent applicable, you will substantially comply with the GLB Act and Regulation P and will keep confidential all consumer and customer NPI received or obtained by you in accordance with the provisions of the GLB Act and Regulation P. In particular, you may use consumer and customer NPI you receive or obtain from AYCB or another user of the Website only for the purpose for which such information was delivered or made available, and only for such other purposes permitted under 16 C.F.R. §§313.14 and 313.15. The stated purpose in this case is to assist you through internet and web activities with the collection of consumer and customer NPI, to deliver said information to you for use in connection with stated the purposes of the Website. You agree to maintain physical, electronic and procedural safeguards, as necessary, that comply with federal regulations to guard NPI you receive from AYCB or other Website users pursuant to these Terms of Use and any services agreement entered into by you and AYCB. You agree to be responsible for any breach of these Terms of Use by you and any of your agents or advisors (including, without limitation, attorneys, accountants, consultants and contractors). In the event you discover or become aware that another party's NPI has been used in an unauthorized manner or disclosed in violation of these Terms of Use, you will immediately notify such other party (the "Aggrieved Party") of such event, and will indemnify, defend and hold AYCB, its managers, members, officers, employees and agents, harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, AYCB will be entitled to all other remedies available at law or equity, including injunctive relief. Upon the request of AYCB, you will promptly return all NPI of a specific party received by you from such party, or will promptly destroy all materials containing such NPI (and any copies, extracts and summaries thereof).

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The failure of AYCB to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without regard to choice of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Website, software, products, or services offered by AYCB, shall be filed only in the U.S. District Court for the Northern District of Texas, or the state district courts of Dallas County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of personal, technical, public, or other data exported from the United States or the country in which you reside. As a condition of your access and use of the Website, and the products and services offered by AYCB, you warrant that you will not use the Website or the products and services offered by AYCB for any purpose that is unlawful or prohibited by these Terms of Use. These Terms of Use constitute the entire agreement between you and AYCB regarding their subject matter, and supersede any prior versions of these Terms of Use. No modification to the Terms of Use will be binding, unless authorized by AYCB in writing or as provided above. Any express waiver or failure to exercise any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AYCB as a result of these Terms of Use or your access to or use of the Website, or the products or services offered by AYCB in connection with the Website.

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