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This episode covers legal news and a deep dive into the origin story of the conservative judiciary with guest Alex Wagner, author of The Steal. The hosts examine recent political developments, including the Trump administration banning CNN, MSNBC, and Politico from the White House, the ongoing saga surrounding the Kennedy Center name change and demolition threats, and the Justice Department's memos challenging the Presidential Records Act and firearm age limits. The conversation also explores Senate testimony regarding FBI hiring standards and recent abortion ballot measures.
The hosts argue that these actions represent a systematic, ongoing assault on the separation of powers and the rule of law, built on the playbook of long-term institutional capture established decades ago. Alex Wagner explains how four conservative figures in the 1980s meticulously plotted the takeover of the American judiciary through organizations like the Heritage Foundation and the Federalist Society, creating a persistent movement fueled by grievance.
Listeners will find this episode worth hearing for its combination of sharp legal analysis, political history, and dark humor regarding current events and administration scandals. The detailed genealogy of the conservative legal movement provides essential context for understanding today's Supreme Court and lower federal courts.
Hosts introduce the episode, sponsors, and the show’s focus on the Supreme Court and legal culture.
Hosts recap recent Supreme Court decisions, including New York Times v. Sullivan and the president’s assault on the free press.
Discussion of Trump’s ban on CNN, MSNBC, and Politico from the White House and its constitutional implications.
Analysis of the Trump administration’s claim that the Presidential Records Act is unconstitutional and the legal battle ahead.
Hosts discuss Idaho’s abortion measure, other states’ ballot initiatives, and the political stakes of the upcoming midterms.
Report on the Alligator Alcatraz detention center’s violations and the broader issues of ICE policy.
Examination of Trump’s attempts to rename the Kennedy Center, the court’s intervention, and the broader pattern of executive overreach.
Hosts interview Alex Wagner about her new book, its focus on the Reagan era, and the rise of the conservative judicial movement.
Hosts wrap up the episode, encouraging listeners to engage with upcoming events and stay informed about legal developments.
Wagner explains the key figures and institutions that shaped the modern conservative court, including the Federalist Society and the Heritage Foundation.
Hosts discuss how Reagan’s Justice Department recruited conservative legal minds who later became judges.
Exploration of the Heritage Foundation’s role in shaping conservative legal strategy and its Project 1980 mandate.
Discussing the Legal Newsinsight
The hosts outline the episode's agenda, covering the legal news of the week, a book discussion with Alex Wagner on the conservative capture of the courts, and their usual favorite things segment.
Assault on New York Times v. Sullivaninsight
The hosts explain the bedrock free press precedent of New York Times v. Sullivan and how Donald Trump and Justice Thomas have actively sought to undermine or overrule it.
Banning Media from White Housestory
The administration announces a ban on CNN, MSNBC, and Politico from covering the White House, resulting in confiscated press credentials and clear viewpoint discrimination.
The administration's takeover of the Kennedy Center leads to plummeting donations, canceled shows, illegal renaming of the facade, and eventual threats of facility demolition.
Challenging Presidential Records Actinsight
The administration argues that the Presidential Records Act is unconstitutional, citing unitary executive theories and comparing presidential papers to the private papers of Supreme Court justices.
FBI Hiring Standards Hearingdata
Senate Judiciary Committee hearings reveal controversial changes to FBI hiring regulations regarding background standards, prompting intense questioning from senators.
Idaho Abortion Ballot Measuredata
Voters in Idaho consider a ballot measure to restore reproductive rights amidst a severe decline in practicing obstetricians and gynecologists following the state's strict ban.
The Villain Origin Storyinsight
Alex Wagner joins the show to discuss her book, tracing the 1980s origin story of the conservative legal movement and the long-term plot to capture the American judiciary.
“those charging defamation also have to show that the false statements made against them were made with, quote, 'actual malice.'”
“he has pursued other ways to bring the free press to heel.”
“And Ed Meese can then bring in the newly emboldened, newly indoctrinated foot soldiers trained in places like the Heritage Foundation or the Federalist Society, and make them lawyers in the Justice Department, and maybe, just maybe, ensure that one day they become judges themselves.”
“The crucible where they are formed.”
“They tried to warn us. They were like, this is what we're gonna do.”
“The reality is that change, lasting change, takes work and blood and sweat and tears, and it often takes way, way, way longer than anybody would care to admit.”
“We need a party of Virgos, that's what I think.”
Melissa and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Also covered: Kash Patel on bestiality, ammosexual wins of the week, a proposed ballot measure in Idaho to protect reproductive freedom, and Donald Trump Jr.’s Russian oligarch sugar daddy. Then, Melissa sits down with Crooked’s very own Alex Wagner to talk about her new book The Steal: Four Right-Wing Hard-Liners, One Republican Presidency, and the Raid on America's Courts https://bookshop.org/p/books/the-steal-four-right-wing-hard-liners-one-republican-presidency-and-the-raid-on-america-s-courts-alex-wagner/79e2bee385d4c18b?ean=9781250901637&bkshp-astro=t. Check out Alex’s show, Runaway Country https://www.youtube.com/@RunawayCountrywithAlexWagner, wherever you pod. Favorite things: Leah:Alex Wagner’s The Steal https://bookshop.org/p/books/the-steal-four-right-wing-hard-liners-one-republican-presidency-and-the-raid-on-america-s-courts-alex-wagner/79e2bee385d4c18b?ean=9781250901637&bkshp-astro=t; PONIES https://www.peacocktv.com/watch-online/tv/person-of-no-interest/5421618614267564112?cid=2601genttsexterndseo310065&utm_campaign=2601gentts&utm_source=ggl_ggl_1bx&utm_medium=ernd_seo_seoopt_1bx&utm_term=googleusers&utm_content=peacock&source=Media_Actions_Feed (Peacock); The Women of Yesteryear https://katemanne.substack.com/p/the-women-of-yesteryear, Kate Manne (More to Hate); The Retirement Plan https://bookshop.org/p/books/the-retirement-plan-a-novel-sue-hincenbergs/aaf37901632ed42f?ean=9780063398009&bkshp-astro=t, Sue Hincenbergs Melissa: The Steal https://bookshop.org/p/books/the-steal-four-right-wing-hard-liners-one-republican-presidency-and-the-raid-on-america-s-courts-alex-wagner/79e2bee385d4c18b?ean=9781250901637&bkshp-astro=t; Kash Patel getting roasted on social media 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 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]
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