Deportations and the Death of Due Process

Explicit content warning

03/24/25 • 85 min

5 Listeners

After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI.

Hosts’ favorite things this week:

Leah: Fight! Fight! Fight!, Rebecca Traister; AOC’s Bluesky feed during the CR debates/debacle; The Hidden Motive Behind Trump’s Attacks on Trans People, M. Gessen; This Election Will Be a Crucial Test of Musk’s Power, Kate Shaw; Trump Has Gone From Unconstitutional to Anti-Constitutional, Jamelle Bouie
Kate: The Feminist Law Professor Who Wants to Stop Arresting People for Domestic Violence, Sarah Lustbader; The Dangerous Document Behind Trump’s Campus Purges, Daphna Renan & Jesse Hoffnung-Garskof; The Cost of the Government’s Attack on Columbia, Christopher L. Eisgruber

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

5/31 – Washington DC
6/12 – NYC
10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Hosts’ favorite things this week:

Leah: Fight! Fight! Fight!, Rebecca Traister; AOC’s Bluesky feed during the CR debates/debacle; The Hidden Motive Behind Trump’s Attacks on Trans People, M. Gessen; This Election Will Be a Crucial Test of Musk’s Power, Kate Shaw; Trump Has Gone From Unconstitutional to Anti-Constitutional, Jamelle Bouie
Kate: The Feminist Law Professor Who Wants to Stop Arresting People for Domestic Violence, Sarah Lustbader; The Dangerous Document Behind Trump’s Campus Purges, Daphna Renan & Jesse Hoffnung-Garskof; The Cost of the Government’s Attack on Columbia, Christopher L. Eisgruber

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

5/31 – Washington DC
6/12 – NYC
10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Previous Episode

How to Lose a Democracy in 10 Laws (with Elie Mystal)

Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education.

Hosts’ favorite things this week:

Melissa: The Trouble of Color: An American Family Memoir by Martha Jones; Paradise (Hulu)
Leah: Bad Law by Elie Mystal; The Bee Sting by Paul Murray; Martyr! by Kaveh Akbar; Corruption & the Maximalist Theory of Presidential Power by Bob Bauer (Executive Functions); Five Questions about The Khalil Case by Steve Vladeck (One First)
Kate: Character Limit: How Elon Musk Destroyed Twitter by Kate Conger and Ryan Mac; Interview with Lindsay Nash on Mahmoud Khalil by Isaac Chotiner (New Yorker)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!

5/31 – Washington DC
6/12 – NYC
10/4 – Chicago

Learn more: http://crooked.com/events

Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)

Next Episode

Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett)

Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain.

Hosts’ favorite things this week:

Leah: After Dobbs, David Cohen & Carol Jaffe; Mayhem, Lady Gaga; Black Bag, Steven Soderbergh; Wrexford & Sloane mystery series by Andrea Penrose; Lawsuits by Wilmer & Jenner challenging wildly unconstitutional executive orders; Judge Howell’s order rejecting the request for her to recuse in the challenge to the EO targeting the Perkins Coie order
Melissa: Last week’s episode of Strict Scrutiny; A Season of Light, Julie Iromuanya; The Note, Alafair Burke; Yacht Rock: The Dockumentary (Max); Gwyneth and Meghan on Instagram; New Phone; Houthis? (Christian Schneider on X); Text STOP to opt out of war plans (Leta McCullough Seletsky on Bluesky)