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Lower Courts CLAP BACK at Supreme Court and Trump

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. CHECK OUT THESE DEALS FROM OUR SPONSORS AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE: http://www.AU.org/crooked BETTERHELP: https://www.betterhelp.com/strict ZBIOTICS: https://www.zbiotics.com/strict promo code STRICT BABBEL: https://www.babbel.com/STRICT OUR FAVORITE THINGS: Kate: Apologies: You Have Reached the End of Your Free-Trial Period of America! By Alexandra Petri (The Atlantic); Bonus 176: Law, Lawlessness, and Doomerism, Steve Vladeck (One First); How a Top Secret SEAL Team 6 Mission Into North Korea Fell Apart, Dave Philipps and Matthew Cole (NYT) Leah: The DC Circuit’s Realpolitik Orders in the Foreign Aid Funding Case, Chris Geidner; 174. Justice Gorsuch's Attack on Lower Courts & Bonus 174: Playing the Justices for Fools, Steve Vladeck (One First); The Supreme Court Is Backing Trump’s Power Grab, Kate Shaw & Ezra Klein (NYT). Melissa: RFK’s Senate Finance Committee hearing; Hijacking the Kennedys, Reeves Waldman (New York Magazine); These Summer Storms, Sarah MacLean; Gwyneth: The Biography, Amy Odell; and Nancy Mace: Everything You Didn't Know About Her Sh*tty Past (Crooked’s ‪@hysteriapodcast‬):    • Nancy Mace: Everything You Didn't Know Abo...   Justin: The Creative Act: A Way of Being, Rick Rubin; Martin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott, Randall Kennedy (Yale Law Journal) CHAPTERS 0:00 - Introduction & Host Welcome 01:30 - Lower Courts vs. Trump Administration: National Guard in LA Case 07:15 - Fifth Circuit Rules Against Trump: Alien Enemies Act Case 11:00 - Ninth Circuit Rules Against Trump TPS and Eleventh Circuit stays injunction on "Alligator Alcatraz" 12:52 - DC Circuit Developments: EPA Grants & FTC Cases 15:50 - DC Circuit Updates in Foreign Aid Case 21:11 - Federal Circuit Strikes Down Many of Trump's Tariffs 25:24 - Ad Break 28:12 - Lower Courts Clapping Back at SCOTUS 31:08 - Federal Judges Speaking Out Off The Record Against Supreme Court 35:50 - Judge Burroughs' Epic Footnote Clapback 42:00 - Justice Kavanaugh's "Interim Docket" Shadow Docket Solution 46:02 - Justice Barrett's Book Press Tour, Champagne Celebration and Her Cringe Justice Rankings 56:09 - Ad Break 59:48 - Interview with Justin Driver on his book "The Fall of Affirmative Action" 1:33:45 - Our Favorite Things Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky Follow us on social at: Bluesky: https://bsky.app/profile/strictscruti... Instagram: https://www.instagram.com/strictscrut... Get your hands on some great Strict Scrutiny merch at: https://store.crooked.com/collections... Hosted by three badass constitutional law professors– Leah Litman, Kate Shaw, and Melissa Murray– Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights. Check out Strict Scrutiny every Monday here or wherever you get your podcasts! https://crooked.com/podcast-series/st... Photos courtesy of AP Photo Archive