The Shadow Docket Just Won’t Quit

Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone, to talk about the avalanche of litigation against the Trump administration and reproductive rights (and wrongs), respectively.Hosts’ favorite things:Leah: Taylor Swift's letter about buying back her art; Why Is This Supreme Court Handing Trump More and More Power?, Kate Shaw (NYT); Living by the Ipse Dixit, Steve Vladeck (One First); The New Dark Age, Adam Serwer (The Atlantic); Elon Musk’s Legacy Is Disease, Starvation and Death, Michelle Goldberg (NYT)Kate: Beware: We Are Entering a New Phase of the Trump Era, M. Gessen (NYT), How YOU Helped Knock Musk Out of DC–& of Politics, Norm Eisen (Substack); On the Campaign Trail, Elon Musk Juggled Drugs and Family Drama, Kirsten Grind and Meghan Twohey (NYT); Cowboy CarterMelissa: Her incredible shoes from the show; seeing Cowboy Carter; the newest season of Just Like That; Original Sin by Jake Tapper and Alex ThompsonEmily: Nine Perfect Strangers (Hulu); Everyone Is Lying to You by Jo Piazza Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

2 Juni 1h 34min

Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause.Hosts’ favorite things:Kate: Read Your Way Through New York City (NYT); Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; Cahokia Jazz, Francis SpuffordLeah: Matt Kacsmaryk Shouldn't Be a Judge, Chris Geidner (Law Dork); Let Them Stare, Julie Murphy and Jonathan Van Ness; Kissing Girls on Shabbat, Sara Glass; The Duke of Shadows, Meredith DuranMelissa: The Four Seasons (Netflix); Matriarch, Tina Knowles Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

26 Maj 1h 24min

May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case. Hosts’ favorite things:Kate: Second Life: Having a Child in the Digital Age, Amanda Hess; Harvard Paid $27 for a Copy of Magna Carta. Surprise! It’s an Original, Stephen Castle (NYT)Leah: My Friends, Fredrik Backman; Senator Sheldon Whitehouse on All Rise News; Melissa: Weight Watchers Got One Thing Very Right, Jennifer Rubin (NYT); This Is Big: How the Founder of Weight Watchers Changed the World -- And Me, Marisa Meltzer; Forever (Netflix) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

19 Maj 1h 44min

Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Reads, When We're in Charge: The Next Generation's Guide to Leadership. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

12 Maj 1h 36min

Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review.Hosts’ favorite things:Kate: Sinners; Is It Happening Here? by Andrew Marantz (New Yorker)Leah: Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; The Tide is Turning, Dahlia Lithwick (Slate); Trump & Bukele’s Concentration Camp, Andrea Pitzer (NY Mag); Just Security Litigation TrackerMelissa: The Secret History of Home Economics: How Trailblazing Women Harnessed the Power of Home and Changed the Way We Live, Danielle Dreilinger; The Pauli Murray Center for History and Social Justice Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

5 Maj 1h 43min

Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone, joins to discuss the rise of the creepy conservative push to get women to have more babies. Hosts' Favorite Things:Leah:SCOTUS conservatives seem eager to increase parents' religious rights in public schools by Chris GeidnerHow Sam Alito Inadvertently Revealed His Own Homophobia From the Bench by Mark Joseph SternDeportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial by Ahilan ArulananthamREVEALED: Elon and Trump's Plans to Mint More Mothers by Emily AmickThese Summer Storms by Sarah MacLeanKate:The Trump Victim I Can’t Stop Thinking About by Michelle GoldbergWe Visited Rumeysa Ozturk in Detention. What We Saw Was a Warning to Us All by Sen. Edward J. Markey, Rep. Jim McGovern, and Rep. Ayanna PressleyEmily: Now comes the ‘womanosphere’: the anti-feminist media telling women to be thin, fertile and Republican by Anna SilmanEveryone is Lying to You by Jo PiazzaThe Testaments by Margaret AtwoodThe Witch Elm by Tana French Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

28 Apr 1h 40min

Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.Hosts’ favorite things:Melissa: White Potus (SNL); Good Dirt, Charmaine Wilkerson; Hacks (Max); Confessions of a Female Founder (with Reshma Saujani)Kate: So You Want to be a Dissident Julia Angwin & Ami Fields-Meyer (New Yorker); Who Is Government? The Untold Story of Public Service, Michael Lewis; Just Security (Substack); Judge Wilkinson’s opinion for the 4th circuit on the Abrego Garcia case; Catalina, Karla Cornejo VillavicencioLeah: Never Again Will I Visit Auschwitz: A Graphic Family Memoir of Trauma & Inheritance, Ari Richter; The Vibe Shifts Against The Right, Michelle Goldberg (NYT); Harvard’s new websiteAlso mentioned this episode: The Supreme Court threatens to bring “Don’t Say Gay” to every classroom in America, Ian Millhiser (Vox); Five Questions About Domestic Use of the Military, Steve Vladek (One First) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

21 Apr 1h 33min

This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality.Hosts’ favorite things this week:Leah: Dividing Lines, Deborah Archer; Why Universities Must Start Litigating—and How (The Nation), David Pozen, Ryan Doerfler, and Samuel Bagenstos; The Case for Suing, Adam UnikowskyKate: Princeton President Chris Eisgruber on The Daily; Who Is Government? The Untold Story of Public Service, Michael LewisMelissa: Up Home: One Girl's Journey, Ruth J. Simmons; The White Lotus (Max)Vote for Less Radical in the Webby Awards here and here! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky

14 Apr 1h 30min