The Shadow Docket Just Won’t Quit
Strict Scrutiny
Strict Scrutiny
4.6 • 5.7K Ratings
🗓️ 25 August 2025
⏱️ 115 minutes
🧾️ Download transcript
Summary
The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law.
Hosts’ and guests’ favorite things:
- Leah: One First, Steve Vladeck; The Pennyroyal Green Series, Julie Anne Long; Why the Supreme Court Is Not to Be Trusted, Laurie L. Levenson (LARB)
- Kate: Would You Trust This Man With Your Elections? By Richard Hasen (NYT); Kim Lane Scheppele’s Chautauqua lecture;
- Melissa: Atmosphere, Taylor Jenkins Reid; Commonwealth, Ann Patchett; The Gilded Age (HBO)
- Eli: Jealous Type, Doja Cat
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 3/6/26 – San Francisco
- 3/7/26 – Los Angeles
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
Transcript
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| 0:00.0 | Strict scrutiny is brought to you by Americans United for Separation of Church and State. |
| 0:04.2 | You don't destroy 250 years of secular democracy without gutting precedent, shattering norms, and dropping a few billion. |
| 0:11.9 | The same people and 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 lives. |
| 0:22.4 | Church-state separation is the bulwark blocking their agenda. |
| 0:26.0 | One of the last bastions of church-state separation is our public school system. |
| 0:30.3 | So they're pushing vouchers everywhere. |
| 0:32.2 | They're arguing for religious public schools. |
| 0:34.2 | Yes, you heard that right, religious public schools. |
| 0:36.9 | At the Supreme Court, |
| 0:37.9 | in a case we've talked about on the pod, that the court narrowly avoided deciding, but |
| 0:41.8 | we'll surely find an opportunity to do so in the future. If you're listening to us, |
| 0:46.5 | you're seeing the writing on the wall. We can, we must fight back. Join Americans United |
| 0:51.1 | for separation of church and state and their growing movement because church-state separation protects us all. |
| 0:56.7 | Learn more and get involved at A.U.org slash crooked. |
| 1:00.9 | Mr. Chief Justice, please support. |
| 1:05.0 | It's an old joke. |
| 1:06.7 | When I argue, men argues against two beautiful ladies like this, they're going to have the last word. |
| 1:12.6 | She spoke, not elegantly, but with unmistakable clarity. |
| 1:18.6 | She said, I ask no favor for my sex. |
| 1:23.6 | All I ask of our brethren is that they take their feet off our legs. |
| 1:43.3 | Hello and welcome back to strict scrutiny, your podcast about the Supreme Court and the legal |
| 1:47.2 | culture that surrounds it. We are your host for this first segment today. I'm Kate Shaw. |
... |
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