The Supreme Court Allows Third-Country Deportations to Continue
Hosted by Kate Shaw, Leah Litman and Melissa Murray
- 1h 25m
- Transcript
Summary
Written by a model from the transcript; not yet reviewed.
In this episode, the hosts discuss the Supreme Court returning from recess and immediately tackling high-profile shadow docket decisions and upcoming term cases. The conservative supermajority lifted a stay of execution for Tennessee death row prisoner Krista Pike, leading to a severely botched single-drug execution, and permitted the administration to resume controversial third-country deportations without basic due process. The hosts also preview key October term cases, including an environmental lawsuit holding big oil accountable for climate change in Suncor Energy v. Commissioners of Boulder County, and discuss Jack Smith's recent congressional testimony detailing his investigation into Donald Trump.
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Chapters
- 0:00Podcast Launch and Sponsor Intro
The episode opens with the Strict Scrutiny intro and a brief sponsor announcement.
- 2:31Hosts Welcome and Episode Overview
Leah, Kate, and Melissa introduce themselves and outline the episode’s structure.
- 3:33Breaking News: Supreme Court Term Begins
The hosts discuss the start of the new Supreme Court term and recent high‑profile actions by the court.
- 4:39Third‑Country Deportations Policy Review
A deep dive into the court’s decision to allow the administration to resume third‑country deportations without due process.
- 6:01Krista Pike Execution Botch and Court’s Role
Examination of the botched execution of Krista Pike and the Supreme Court’s decision to lift the stay.
- 9:24Supreme Court’s Shadow Docket and Torture Concerns
Discussion of the court’s shadow docket decisions, including the controversial torture policy and related cases.
- 35:08First Monday of October: Court’s Agenda
The hosts preview the week’s arguments, starting with Suncor Energy v. Boulder County.
- 35:46Suncor Energy v. Boulder County – Climate Litigation
Analysis of the environmental case involving oil companies and climate‑change claims.
- 43:17Johnson v. United States Congress – Veterans Benefits
Overview of the case challenging the Veterans Judicial Review Act and its jurisdictional implications.
- 47:15Air Force v. Prutehi Guam – Environmental Impact
Discussion of the NEPA challenge to the Air Force’s toxic‑explosive testing on Guam’s beaches.
- 51:14Insular Cases and Their Legacy
Hosts discuss the 125th anniversary of the Insular Cases and their ongoing impact on territorial rights.
- 52:39Court Reform Calls from Texas AG
The podcast notes that Texas Attorney General Ken Paxton has echoed the hosts’ criticism of the Supreme Court, sparking a new wave of court reform advocacy.
Highlights
- 5:29
The Supreme Court lifted a stay of execution in a 6-to-3 unexplained decision, allowing Tennessee to proceed with an execution that resulted in a severely botched procedure leaving the prisoner in critical condition.
- 9:16
Resuming Third Country Removalsinsight
For the third time, the Supreme Court stepped in to permit the administration to resume third-country removals, sending individuals to countries where they face torture and abuse without due process hearings.
- 13:26
Unprecedented Question Formulationinsight
In granting cert for the third-party removal case, the court instructed parties to brief additional questions determined solely by the government, a bizarre and unprecedented move.
- 29:12
Marsha Blackburn Sues Jack Smithstory
Senator Marsha Blackburn filed a lawsuit against Jack Smith, characterizing his special counsel appointment as lawless and arguing the speech and debate clause barred his phone record subpoenas.
- 39:15
Justice Alito Recuses Himselfdata
Justice Samuel Alito announced he would not participate in the Suncor climate change case, leaving eight justices to hear arguments where a tie would affirm the lower court ruling allowing the case to go to trial.
Quotes
“This event is the worst we've seen and unlike any other botched execution in the modern era. There is no precedent.”
Leah Litman · 7:14 “Justice Samuel Alito, even originalists make mistakes.”
Leah Litman · 41:51 “Suncor argues that the county's state law claims are preempted by the Federal Clean Air Act.”
Leah Litman · 38:03 “Defiant migrants and their advocates have always figured out how to sabotage the machine in big and small ways, to muck up its operations, and to even make it wobble.”
Kate Shaw · 1:17:24
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About this episode
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a challenge involving the constitutionality of federal laws affecting veterans’ benefits. Finally, Kate and Leah talk with Kelly Lytle Hernández, professor of history at UCLA, about her new book, Racist by Design: Two Centuries of U. S. Immigration Control https://bookshop.org/p/books/racist-by-design-two-centuries-of-u-s-immigration-control-kelly-lytle-hern-ndez/b4a5ff8cd07aaec9?ean=9781324117094. Favorite Things: Leah: The Love Hypothesis https://www.primevideo.com/detail/0IH8VKXSSIAXGDCWKPS2UU3HZT | The Public Shaming https://www.nytimes.com/2026/10/01/us/politics/supreme-court-roberts-maine.html of John Roberts Kate: Should I Stay or Should I Go? https://www.newyorker.com/magazine/2026/10/05/should-i-stay-or-should-i-go Melissa: ‘A Different World’ Renewed https://variety.com/2026/tv/news/a-different-world-renewed-season-2-netflix-1236897429/ for Season 2 | Swan Song https://bookshop.org/p/books/swan-song-diana-my-sister-charles-spencer/e87a70d6d838f0e6?ean=9798217379743&utm_source=google&utm_medium=cpc&utm_campaign=dsa_nonbrand&utm_content=%7Badgroupname%7D&utm_term=dsa-19959388920&gad_source=1&gad_campaignid=12440232635&gbraid=0AAAAACfld43vttvPcil5pdv_mUU3g-doK&gclid=CjwKCAjwrP3VBhBbEiwAnaqpQ8frJ54U-e6noTHtPicJExEFnfVaK1fbVgxw4g137xzrprhveLLGthoCgjMQAvD_BwE by Earl Spencer Take the Strict Scrutiny survey https://crooked.com/strictsurvey. New Strict merch available here https://store.crooked.com/products/were-gonna-need-a-bigger-court-graphic-t-shirt. You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle http://crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com http://crookedcon.com/Buy Melissa’s book,The U. S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader https://bookshop.org/p/books/the-constitution-annotated-for-the-contemporary-reader-melissa-murray/8e7f0dfa472fc3ca?ean=9781668221938&next=t&Buy Leah’s book, Lawless https://bookshop.org/p/books/lawless-how-the-supreme-court-runs-on-conservative-grievance-fringe-theories-and-bad-vibes-leah-litman/5b562d6fcb316d6e?ean=9781668054642&next=t, now out in paperback Follow us on Instagram https://www.instagram.com/strictscrutinypodcast/?hl=en,Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialFor a transcript of an episode of Strict Scrutiny please email [email protected] mailto:[email protected]
Transcript
15,602 words · 7 speakers
Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.
Topics
- Supreme Court
- Shadow Docket
- Immigration Policy
- Environmental Law
- Criminal Justice
- Third-Country Deportations
Page updated · transcript and summary are machine-generated