How Trump is Using the IRS to Resegregate America
Hosted by Kate Shaw, Leah Litman and Melissa Murray
- 1h 34m
- Transcript
Summary
Written by a model from the transcript; not yet reviewed.
This episode covers major Supreme Court shadow docket actions, campaign finance rulings, and controversial IRS regulations. Guest Rashad Robinson joins the host to discuss political strategy, the impact of money in politics, and grassroots mobilization. The discussion also features interviews about judicial supremacy and systemic challenges to democratic governance.
- The Supreme Court granted a stay permitting the Republican Party committees to access discounted ad rates ahead of the midterms, impacting political campaign coordination. 7:18
- New IRS proposed regulations threaten tax-exempt status for private and K-12 schools engaged in targeted diversity support programs. 42:57
- The Missouri Supreme Court blocked the Trump-ordered congressional map for the midterm elections, requiring the state to use the 2022 map. 24:16
Chapters
- 0:00Intro and Sponsor Messages
Hosts introduce the episode, sponsor ads, and set the stage for the discussion.
- 2:13Guest Host Introduction
Melissa Murray welcomes Rashad Robinson, outlining his background and the episode’s agenda.
- 4:09Legal News Overview
The hosts preview the legal topics to be covered, including IRS plans and election-related court cases.
- 5:16Supreme Court Shadow Docket Wins
Discussion of the Supreme Court’s recent shadow docket ruling that favors Republican campaign finance rules.
- 23:08Missouri Redistricting Chaos
Exploration of the legal battles over Missouri’s congressional map, highlighting court decisions and political implications.
- 52:32Risk Assessment in Education and Activism
Hosts discuss how risk assessment can stifle innovative projects aimed at attracting diverse students and creating inclusive spaces.
- 54:01Book Introduction and Guest Arrival
Leah, Kate, and Melissa welcome professors Nico Bowie and Daphna Ranon to talk about their new book, Supremacy.
- 56:40Supremacy Book Discussion Begins
Hosts introduce the book and set the stage for a deep dive into its arguments about judicial supremacy.
- 58:16Book’s Core Claim on Constitutional Authority
Authors explain their thesis that the Constitution was written for the people, not for a handful of lawyers.
- 1:00:53Danger of Judicial Supremacy Explored
The panel discusses how the Supreme Court’s interpretive dominance threatens democratic governance and civil rights.
- 1:03:00Risk Assessment vs Innovation Debate
The conversation returns to how risk assessment can hinder innovative solutions and mobilize people for social change.
- 1:08:13Q&A on Court’s Review Powers
Hosts ask the authors to explain the difference between horizontal and vertical review and why it matters.
Highlights
- 11:08
Campaign Finance Asymmetriesinsight
The discussion analyzes how campaign finance rules heavily favor well-funded political parties and major donors over grassroots participation.
- 18:51
Facebook and Voting Disinformationstory
The guest shares a personal anecdote about confronting tech leadership over voting disinformation policies during the 2020 election cycle.
- 23:08
Missouri Redistricting Legal Battlesstrategy
An overview of the chaotic legal battle in Missouri between state high courts and federal district courts over midterm election maps.
- 38:35
Resegregating American Educationinsight
The hosts explain how new IRS rules modeled after Bob Jones University precedents could imperil diversity programs across private K-12 and higher education.
- 51:44
Corporate Compliance and Risk Assessmentinsight
The guest argues that excessive legal risk assessment among advocates stifles creativity and hampers effective social justice movements.
Quotes
“modern separation of powers law is premised on a misunderstanding of what the separation of powers is.”
Kate Shaw · 57:29 “The United States Constitution was written in the name of we, the people.”
Leah Litman · 58:18 “This form of governance has a name, judicial supremacy.”
Melissa Murray · 1:01:04 “Horizontal review is this power the court has asserted to defy federal legislation.”
Unnamed speaker · 1:15:07 “It is a great article. I've assigned portions of it in my constitutional law courses.”
Kate Shaw · 57:34
Sponsored segments
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About this episode
Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign finance fights, and Missouri Republican efforts to push a mid-cycle congressional redistricting plan that could eliminate a Democratic seat. Also: a Strict Scrutiny history lesson on the “segregation academies” created across the South in resistance to school integration, and how new proposed regulations from the Trump administration have the potential to utterly remake education and turn the dial back to a time when American education was racially divided. Then Melissa, Leah and Kate sit down with Niko Bowie & Daphna Renan to talk about their new book, Supremacy: How Rule by the Court Replaced Government by the People https://bookshop.org/p/books/supremacy-how-rule-by-the-court-replaced-government-by-the-people-daphna-renan/2237cf018f010b92. Enter the giveaway for Supremacy here https://forms.gle/9Vtkpo27C5ENtb7r9! Public comments on racial nondiscrimination in private schools here https://www.federalregister.gov/documents/2026/09/04/2026-18127/racial-nondiscrimination-in-private-schools. Favorite Things: Melissa:Rashad Robinson’s From Presence to Power: How to Take On the Fights That Matter--and Win https://bookshop.org/p/books/from-presence-to-power-how-to-take-on-the-fights-that-matter-and-win-rashad-robinson/148dde95cfbe1795?ean=9780593243565&bkshp-astro=t; Where the Girls Were https://bookshop.org/p/books/where-the-girls-were-a-novel-kate-schatz/d860a0674628e45b?ean=9780593736975&bkshp-astro=t by Kate Schatz; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck https://bookshop.org/p/books/a-marriage-at-sea-a-true-story-of-love-obsession-and-shipwreck-sophie-elmhirst/d8e3bde42254074f?ean=9780593854280&bkshp-astro=tby Sophie Elmhirst Rashad: U. S. Open specifically Coco Gauff, Frances Tiafoe, and Ben Shelton; ADULTS https://www.fxnetworks.com/shows/adults, The Scrub Episode (FX); The Disappearers https://bookshop.org/p/books/the-disappearers-a-novel-marlon-james/53de53226aba751d by Marlon James 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]
Transcript
16,608 words · 8 speakers
Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.
Topics
- First Amendment
- Supremacy: How Rule by the Court Replaced Government by the People
- Harvard Law School
- Bookshop.org
- McNally Jackson Books
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