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Strict Scrutiny

Boy Math, Boy Law, Man Problems

106 min episode · 2 min read
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Episode

106 min

Read time

2 min

AI-Generated Summary

Key Takeaways

  • Texas Redistricting Self-Own: Trump DOJ sent Texas a letter explicitly stating redistricting should dismantle multiracial coalition districts based on race, inadvertently creating evidence of racial gerrymandering that Judge Brown called ham-fisted, while California's purely partisan redistricting may survive legal challenge because they avoided racial justifications.
  • Grand Jury Irregularities: Interim US Attorney Lindsey Halligan told grand jurors that Comey lacks Fifth Amendment rights at trial and they could indict based on promised future evidence rather than presented evidence, then admitted the full grand jury never voted on the final indictment charges.
  • Historical Erasure Patterns: Women remain absent from public commemorations despite century-long battles, with surveys showing only one-third of Americans believe their neighbors would accept a female president, and none of Alice Paul's 1922 predictions for 2023 including equal congressional representation have been achieved.
  • Self-Contradictory Victory Announcements: Courts and lawmakers have declared sex equality achieved since before the Nineteenth Amendment while simultaneously denying rights, as seen in the 1961 Hoyt case where the Supreme Court proclaimed enlightened emancipation while upholding all-male jury systems that denied women defendants peer juries.
  • Mueller versus Lochner Legacy: The 1908 Mueller decision constitutionalizing women's domestic roles remained good law until the 1970s and influenced cases through Dobbs, yet receives no recognition as judicial overreach compared to Lochner's 1937 overturn, demonstrating how cases affecting women disappear from constitutional canon despite lasting impact.

What It Covers

Strict Scrutiny analyzes recent Supreme Court developments, redistricting battles across multiple states, DOJ prosecutorial misconduct in the Comey case, and features professor Jill Hasday discussing her book on how erasing women's historical struggles perpetuates ongoing inequality.

Key Questions Answered

  • Texas Redistricting Self-Own: Trump DOJ sent Texas a letter explicitly stating redistricting should dismantle multiracial coalition districts based on race, inadvertently creating evidence of racial gerrymandering that Judge Brown called ham-fisted, while California's purely partisan redistricting may survive legal challenge because they avoided racial justifications.
  • Grand Jury Irregularities: Interim US Attorney Lindsey Halligan told grand jurors that Comey lacks Fifth Amendment rights at trial and they could indict based on promised future evidence rather than presented evidence, then admitted the full grand jury never voted on the final indictment charges.
  • Historical Erasure Patterns: Women remain absent from public commemorations despite century-long battles, with surveys showing only one-third of Americans believe their neighbors would accept a female president, and none of Alice Paul's 1922 predictions for 2023 including equal congressional representation have been achieved.
  • Self-Contradictory Victory Announcements: Courts and lawmakers have declared sex equality achieved since before the Nineteenth Amendment while simultaneously denying rights, as seen in the 1961 Hoyt case where the Supreme Court proclaimed enlightened emancipation while upholding all-male jury systems that denied women defendants peer juries.
  • Mueller versus Lochner Legacy: The 1908 Mueller decision constitutionalizing women's domestic roles remained good law until the 1970s and influenced cases through Dobbs, yet receives no recognition as judicial overreach compared to Lochner's 1937 overturn, demonstrating how cases affecting women disappear from constitutional canon despite lasting impact.

Notable Moment

Fifth Circuit Judge Jerry Smith's dissent in the Texas redistricting case mentioned George Soros over ten times, called an expert witness a Soros operative with a piggy bank, and acknowledged some might view his comments as political rather than judicial, resembling conspiracy theory more than legal analysis.

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