Written by a model from the transcript; not yet reviewed.
This episode covers the Trump administration's expanding use of aggressive immigration tactics, including mass immigration hearings known as mega masters, indefinite detention without bond, and the under-used Alien Terrorist Removal Court. The hosts examine how the executive branch and federal courts are eroding due process rights, pointing to specific decisions by the Fifth, Second, and Third Circuits that challenge long-standing legal norms like the Commerce Clause and civil rights protections. They also discuss personnel changes, anti-DEI enforcement at the EEOC with Commissioner Kalpana Kotegal, and miscellaneous news items.
The episode opens with the Strict Scrutiny host greeting listeners, followed by a series of sponsor advertisements for Coca‑Cola, Zbiotics, Sundays for Dogs, OneSkin, and CookUnity.
Leah Litman introduces herself and her guest host Emily Amick, outlining the episode’s focus on legal news and immigration developments.
Leah discusses the Supreme Court decision in Trump v. Slaughter and previews a forthcoming conversation with EEOC Commissioner Kalpana Kotegal about agency independence.
The hosts explain the creation and function of the secret Alien Terrorist Removal Court, its use of secret evidence, and its role in accelerating deportations.
The discussion turns to the Fifth Circuit’s handling of mass immigration hearings, the denial of due‑process rights, and the court’s unprecedented use of a precedent‑setting stay order without reasoning.
A light‑hearted “men’s” segment covers a bizarre Olive Garden story, Senator Pete Kegsbreth’s testosterone policy, and the broader political context of men’s issues in the episode.
Emily and Leah discuss recent court decisions affecting medication abortion, gender‑affirming care, and the overlapping legal battles between trans rights and reproductive rights.
Hosts discuss the confusing FDA food traceability rules and the outbreak linked to lettuce and cilantro.
Conversation about Andrew Tate’s legal troubles and the New Yorker investigation that sparked renewed scrutiny.
Guests share their favorite recent books and TV shows, offering listeners new cultural picks.
A sponsor ad explains Alloy’s estriol-powered skincare line for menopausal skin concerns.
Hosts introduce EEOC Commissioner Kalpana Kotegal to discuss the agency’s independence and civil rights enforcement.
New York Times Immigration Case Analysisdata
The New York Times analyzed over 500 cases brought by the administration against protesters and immigrants, finding that nearly half went nowhere because defendants were acquitted or charges were dismissed.
The Alien Terrorist Removal Courtinsight
The administration is attempting to utilize the Alien Terrorist Removal Court, a 1996 creation that has never been operational and allows the government to deport foreign nationals using secret evidence.
Mega Masters Immigration Hearingsstory
Immigration courts are holding mega masters hearings where dockets are overloaded, with one judge handling over 100 cases in a single morning and calling groups in every half hour.
Fifth Circuit Published Stay Without Reasonsinsight
The Fifth Circuit issued a published precedential stay order blocking due process habeas claims with zero reasons and zero opinion provided.
Commerce Clause Gun Law Challengeinsight
The Fifth Circuit decided to determine whether the federal statute prohibiting felons from possessing firearms violates the Constitution's Commerce Clause.
EEOC Scope and Charge Statisticsdata
EEOC Commissioner Kalpana Kotegal notes that the agency received over 88,000 discrimination charges last year and secured over $660 million in relief for workers.
Disparate Impact Liability Under Firestrategy
The Department of Justice issued a memo asserting disparate impact liability is unconstitutional, and the EEOC closed all charges solely implicating disparate impact.
“The celebration of America's 250th, and we are in the thick of it this month.”
“The government can try to remove someone on the basis of secret evidence, national security information that the individuals will never see.”
“I want to say, one of my takeaways from this whole thing is, I have personally been so confused about what's happening.”
“The FDA was supposed to have a food traceability final rule that was going to be implemented, but at the beginning of the Trump 2.0 term, the FDA announced an intent to delay the implementation of that.”
“We are not seeing the public communications, the tracing of things.”
“I would like to see the government working to end explosive diarrhea outbreaks.”
“The OLC memo alleging that disparate impact liability is unconstitutional.”
“The loss of data is going to hurt civil rights and harm workers.”
“A point just to, to one, we just settled a case in May of this year, five and a half million dollar settlement involving a big trucking company.”
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle http://crooked.com/strict_cleFriend of the Pod Emily Amick of Emily in Your Phone https://emilyinyourphone.substack.com/ joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit information on medical abortion options has disturbing links to the playbook used against gender-affirming care. Then, Leah speaks with Kalpana Kotagal, Commissioner at the Equal Employment Opportunity Commission, about being the lone Democratic appointee after Trump fired the others, and the work of the Commission in a post-independent agency world. Check out Emily’s Substack https://emilyinyourphone.substack.com/, Instagram https://www.instagram.com/emilyinyourphone/?hl=en, and her book, Democracy in Retrograde https://bookshop.org/p/books/democracy-in-retrograde-how-to-make-changes-big-and-small-in-our-country-and-in-our-lives-emily-amick/e3758f2959e47970?ean=9781668053492&bkshp-astro=t. Favorite things: Leah:The Off Campus Series https://bookshop.org/p/books/the-deal-elle-kennedy/702752eb3ad47fa3?ean=9781775293934&bkshp-astro=t, Elle Kennedy; Game of Rogues https://bookshop.org/p/books/game-of-rogues-a-novel-julie-anne-long/b2c8577a4f66af5d?ean=9780063464803&bkshp-astro=t, Julie Anne Long; Andrew Tate's Empire of Abuse https://www.newyorker.com/magazine/2026/06/15/andrew-tates-empire-of-abuse, Heidi Blake (+ Blake’s interview with WITHpod https://podcasts.apple.com/us/podcast/andrew-tates-empire-of-abuse-with-heidi-blake/id1382983397?i=1000774901952); Autonomy News https://www.autonomynews.co/; this decision https://www.courts.state.hi.us/wp-content/uploads/2026/07/SCWC-22-0000740.pdffrom the Hawaii Supreme Court; Subpoenas About Reporting on Qatar Gifted Air Force One Are Withdrawn After Argument in SDNY https://innercitypress.com/sdny34subramaniansubpoenasicp072326.html, Matthew Russell Lee (Inner City Press https://innercitypress.com/sdny34subramaniansubpoenasicp072326.html) Emily: Careless People https://bookshop.org/p/books/careless-people-a-cautionary-tale-of-power-greed-and-lost-idealism-sarah-wynn-williams/804251bb5d4b06b3?ean=9781250391230&bkshp-astro=t, Sarah Wynn-Williams; The God of the Woods https://bookshop.org/p/books/the-god-of-the-woods-a-novel-liz-moore/c3cbf4f80cbe4a47?ean=9780593418925&bkshp-astro=t, Liz Moore; Ride or Die https://www.amazon.com/dp/B0DNSTJRC8?lv=shuf&channelId=500&plpRedirect=mhFallback(Amazon Prime); Smitten Kitchen’s zucchini pasta https://smittenkitchen.com/2021/06/zucchini-butter-spaghetti/ Get 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 onInstagram 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]
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