Will the Court Actually Push Back Against Trump’s Unlawful Firings?
Strict Scrutiny
Strict Scrutiny
4.6 • 5.7K Ratings
🗓️ 26 January 2026
⏱️ 107 minutes
🧾️ Download transcript
Summary
First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook, on whether Trump has the power to fire Lisa Cook from the Federal Reserve Board. They also cover the week’s other oral arguments, including a Second Amendment case where Sam Alito came out as woke…for guns. Finally, with apologies to the Fifth Circuit, a new nominee for America’s worst circuit court. Preorder Melissa’s new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, out May 12, 2026.
Favorite things:
- Melissa: Valentino Was the Last of Fashion’s Old Guard, Robin Givhan (NYT); The Supreme Court Just Held an Anti-Trans Hatefest, Elie Mystal (The Nation)
- Kate: The Purged, Franklin Foer (The Atlantic); There’s Much More at Stake in the Fed Case Than Interest Rates, Lev Menand (NYT); God of the Woods, Liz Moore; Broken Country, Clare Leslie Hall
- Leah: Lindsey Halligan being a shitty lawyer; Mark Carney at the World Economic Forum; Stand With Minnesota; Your Friendly Neighborhood Resistance, Kerry Howley (New York Magazine)
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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 | Struck scrutiny is brought to you by Americans United for Separation of Church and State. |
| 0:04.3 | We're all legal nerds here, and we know that precedent set in any area of the law ripples out across our lives in so many ways. |
| 0:11.1 | And our right to religious freedom is one of the most sacred areas of the law. |
| 0:14.5 | It protects almost every aspect of our daily lives, rights we all hold dear. |
| 0:19.2 | Like LGBTQ plus rights, freedom to choose the type of |
| 0:21.9 | health care you need, and ensuring a well-funded and inclusive public school system. Protecting the |
| 0:27.1 | separation of church and state is in fact protecting the very foundation of our democracy. |
| 0:31.9 | If you're looking for ways to more deeply understand the connection of and from religion to so |
| 0:36.1 | many of the civil justice issues we see today, |
| 0:38.4 | you should check out the summit for religious freedom, or SURF, an annual conference held in |
| 0:43.7 | D.C. and virtually, April 25th through 27th in 26. At SURF, advocates, organizers, |
| 0:50.6 | faith leaders, atheists, and everyone in between will come together to take on the |
| 0:54.4 | growing threats of Christian nationalism and the efforts to impose one narrow religious belief on all |
| 0:59.8 | of us. This is a movement for big change and collaboration across the entire spectrum of religious |
| 1:04.7 | belief and non-belief. It strengthens our democracy, it will protect public schools and reproductive |
| 1:09.6 | and LGBTQ plus |
| 1:11.0 | rights and so much more. So be a part of the movement that's pushing back and standing up for freedom. |
| 1:16.3 | You can register to attend today at thesurf.org. That's t-h-esr-f.org. |
| 1:25.2 | Hi, everyone. It's Leah. And Melissa. After we originally recorded today's episode, ICE officers, |
| 1:31.9 | more than one of them, shot and killed another American citizen in Minnesota. The victim this time is |
| 1:37.0 | Alex Jeffrey Pretty. This is the second killing this month. We wanted to talk briefly about what |
| 1:44.0 | happened in Minnesota, in part because |
... |
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