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Strict Scrutiny

The Lower Courts Punch Up

Strict Scrutiny

Crooked Media

Philosophy, News, Government, Supreme Court, Society & Culture

4.84.7K Ratings

🗓️ 8 September 2025

⏱️ 102 minutes

🧾️ Download transcript

Summary

Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts speak with Yale Law professor Justin Driver about his book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education.

Transcript

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0:00.0

You don't destroy 250 years of secular democracy without gutting precedent, shattering norms, and dropping a few billion.

0:06.9

The same people in groups that backed Project 2025 are part of a larger shadow network that's relentlessly pushing to impose a Christian nationalist agenda on our laws and lies.

0:16.3

Church-state separation is the bulwark blocking their agenda.

0:19.6

And one of the last bastions of church-state separation is our public school system. So they're pushing vouchers everywhere. They're also arguing for religious public schools. Yep, you heard that right, religious public schools at the Supreme Court in a case we talked about on the podcast. If you're listening to us, you're seeing the writing on the wall. We can, we must fight back.

0:37.9

Join Americans United for separation of church and state and their growing movement because church-state separation protects us all.

0:44.1

Learn more and get involved at AU.org slash crooked.

0:48.0

Mr. Chief Justice, please support.

0:52.1

It's an old joke. When I argue,, man argues against two beautiful ladies like this,

0:57.3

they're going to have the last word. She spoke not elegantly, but with unmistakable clarity. She said,

1:06.9

I ask no favor for my sex. All I ask of our brethren is that they take their feet off our legs.

1:17.6

Hello and welcome back to strict scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it.

1:35.7

We're your hosts. I'm Kate Shaw. I'm Leah Lippman. And I'm Melissa Murray. And even though the temperatures are beginning to cool and the students have returned to school

1:44.3

and the pumpkin spice is beginning to return to the land where it belongs, the Supreme

1:49.1

Court hasn't yet started hearing oral arguments. And they won't until the first Monday in

1:53.7

October. And that means we've got another few weeks of our summer schedule, which means

1:58.8

we will start off this episode with a news segment, and then we will

2:02.7

bring you a conversation with a terrific guest, Yale Law Professor Justin Driver, who will be

2:08.0

speaking with us about his new book, The Fall of Affirmative Action.

2:12.1

But first up, news.

2:13.8

And we've been off for two weeks, which means we have a lot to cover.

2:17.3

And since there is so much, we're going to basically group our discussion into a couple of themes. First.

2:22.5

Dumb and dumber. No, the first one, the first one's actually quite good. They're both good, but they're responding to the bad. So the lower courts are continuing to hand down important rulings against the administration.

...

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