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Will Trump Succeed in Rigging the Midterms?

Strict Scrutiny

Hosted by Kate Shaw and Leah Litman

1h 31m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

This episode covers major legal and political news, focusing on the Trump administration's efforts to exert control over federal elections through executive orders, antitrust updates on the paused Paramount-Warner Brothers merger, arrests of figures like the Tate brothers, and the Justice Department's prosecution of James Comey. The hosts, Kate Shaw and Leah Littman, break down the administration's legal maneuvers and discuss how federal overreach is threatening election integrity ahead of the midterms. Later, the hosts are joined by election law expert Rick Hassan to discuss the administration's voting executive order and the potential legal challenges in the Supreme Court. Finally, the episode features an interview with Farah Diaz Teo from If, When, How on the criminalization of abortion and pregnancy loss in the post-Dobbs landscape.

  • State attorneys general can successfully challenge anti-competitive corporate consolidation through coordinated litigation in lower federal courts. 8:41
  • States and local election officials are facing severe administrative pressures and potential chaos due to federal executive actions attempting to reshape election rules close to the midterms. 42:20
  • The threat of criminalization for pregnancy loss and self-managed abortion persists across many states, relying on archaic statutes rather than direct post-Dobbs abortion bans. 1:11:00
  • Law students and attorneys can engage directly in reproductive justice and defense efforts through organizations like If, When, How and its campus chapters. 1:30:05

Chapters

  1. 0:00
    Podcast Intro and Sponsor Ads

    Hosts introduce the episode and run through a series of sponsor messages before launching into the main content.

  2. 2:32
    Hosts’ Welcome and Episode Overview

    The hosts introduce themselves, outline the episode’s structure, and preview the key topics and guests.

  3. 3:38
    CLE Credit Announcement

    The team announces a new CLE‑eligible course based on the podcast, explaining how listeners can earn credits.

  4. 12:35
    News Roundup – Tates Arrest and Manosphere Context

    The episode covers the arrest of the Tate brothers, their ties to the Trump world, and the hosts’ reflections on the manosphere.

  5. 18:14
    News Roundup – DOJ Subpoenas and Qatari Jet Security

    The hosts discuss the withdrawal of DOJ subpoenas to the New York Times, the Qatari jet security issue, and related political implications.

  6. 49:50
    Supreme Court’s Potential Stay on Election Order

    Discussion of whether the Supreme Court will allow the executive order to be implemented before November and the implications for states’ compliance.

  7. 50:21
    Practical Burdens on States for Election Ballots

    Exploration of the logistical costs and challenges states face in preparing ballots if the order is enforced early.

  8. 51:31
    Historical Precedents of Procedural Wins

    Comparison of the current case to past Supreme Court cases where procedural victories were later overturned on merits.

  9. 55:51
    Trump’s Broader Election Interference Strategy

    Analysis of how the executive order fits into Trump’s larger plan to undermine midterm elections and the potential political fallout.

  10. 1:02:45
    Criminalization of Pregnancy Loss and Abortion

    Detailed discussion of how old statutes are used to prosecute individuals for pregnancy loss or abortion, including a case study in Nevada.

  11. 1:15:55
    Hope and Solidarity in Reproductive Justice

    Farah reflects on international solidarity, cross-border activism, and the resilience of reproductive justice movements.

  12. 1:19:21
    Reproductive Justice Work Post-Dobbs

    Farah Diaz Teo explains her organization’s legal services, criminal defense, and helpline in response to increased abortion criminalization.

Highlights

Quotes

  • “The states asked for a TRO, a temporary restraining order, to prevent the deal from closing.”
    Leah Litman · 8:41
  • “The president's hail mary application to the Supreme Court to allow him to enforce his voting/anti-voting executive order.”
    Kate Shaw · 38:59
  • “They need to be put into envelopes. There need to be return envelopes printed, right?”
    Unnamed speaker · 50:28
  • “The federal government that was the one that came in and sent registrars down to Alabama to assure that black voters could be in franchises in the 1960s and that observed elections.”
    Unnamed speaker · 56:02
  • “There are the courts, who've done a pretty good job so far against election subversion, even though, as they've done a horrendous job on voting rights more generally.”
    Unnamed speaker · 58:08
  • “I think the standing arguments are not frivolous.”
    Unnamed speaker · 50:53
  • “They don't even mention what they would do.”
    Unnamed speaker · 51:16
  • Americans United for Separation of Church and State 0:00–0:12
  • Coca-Cola 1:19–1:45
  • crooked.com/strict/cle 3:38–4:31
  • Wild Alaskan Company 13:11–14:51
  • Jones Road Beauty 15:54–15:59
  • Remy 35:05–36:44
  • Alloy Health 36:48–38:50
  • Honeylove 1:02:41–1:03:59
  • Coca-Cola 1:04:19–1:04:46
  • Gernavix 1:32:27–1:33:25

About this episode

Huge news for lawyers: 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_cleKate and Leah have good news and bad news. The good: The Paramount/Warner Brothers merger is on hold, the Tate brothers are facing extradition, and Todd Blanche’s nomination for AG has hit a roadblock. The bad: …Everything else. They also cover the ongoing prosecution of Jim Comey for seashell art, and speak with UCLA Law’s Rick Hasen about Trump’s effort to assert presidential control over federal elections. Then, Kate checks in with Farah Diaz-Tello, senior counsel and legal director for If/When/How https://ifwhenhow.org/, on what she and her colleagues are seeing when it comes to the use of the criminal law to target both abortion and people who experience pregnancy loss after Dobbs. Favorite things: Kate:Olga Dies Dreaming https://bookshop.org/p/books/olga-dies-dreaming-xochitl-gonzalez/18413323, Xochitl Gonzalez;A Setback for the MAGA Media Takeover https://www.nytimes.com/2026/07/27/opinion/media-ellison-paramount.html, Michelle Goldberg (NYT); Dancing to Stave Off Dementia https://www.harpersbazaar.com/culture/features/a73218995/ballet-alzheimers/, Emily Goligoski (Harper's Bazaar);Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law https://bookshop.org/p/books/creating-the-administrative-constitution-the-lost-one-hundred-years-of-american-administrative-law-jerry-l-mashaw/9333318, Jerry L. Mashaw Leah:Music, Fashion, Film https://open.spotify.com/album/4bR7pd6TVS53l24qFV4wI8, Charli xcx;Who's the Clown? https://open.spotify.com/album/https://open.spotify.com/album/6unMpOoIJqsLxuoTEFqdfP, Audrey Hobert;This Is the Plan: How to End America's Meltdown and Save Democracy https://bookshop.org/p/books/this-is-the-plan-how-to-end-america-s-meltdown-and-save-democracy-ben-wikler/284c2d14677a8f6e, Ben Wikler;Why Do We Tolerate Elon Musk's Racist Commentary? https://www.nytimes.com/2026/07/29/opinion/elon-musk-far-right-remigration.html, Jamelle Bouie (New York Times);Supreme Court Job Approval Slumps to Record Low https://news.gallup.com/poll/713096/supreme-court-job-approval-slumps-record-low.aspx (Gallup) Rick:Jo Nesbø's Detective Hole https://www.netflix.com/tudum/articles/jo-nesbo-detective-hole-release-date-cast-news (Netflix); Lucky https://tv.apple.com/us/show/lucky/umc.cmc.5qo7t3nngb2vj0m9dxkwebw1o (Apple);The Elephants in the Room: How Trump Voters Seized the Party from Republican Leaders https://bookshop.org/p/books/the-elephants-in-the-room-how-trump-voters-seized-the-party-from-republican-leaders-seth-masket/61d88ae48476b650?ean=9781009601139&bkshp-astro=t, Seth Masket;Backlash Presidents: From Transformative to Reactionary Leaders in American History https://bookshop.org/p/books/backlash-presidents-from-transformative-to-reactionary-leaders-in-american-history-julia-r-azari/5b16a53c9d38fb6e?ean=9780691246956&bkshp-astro=t, Julia R. Azari Follow us on Instagram https://www.instagram.com/strictscrutinypodcast/?hl=en, Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialGet 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]

Transcript

0:00
1:31:27

16,907 words · 8 speakers

Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.

Topics

  • Supreme Court
  • Paramount
  • DHS
  • Warner Brothers
  • USPS
  • California
  • If, When, How
  • Repro Legal Defense Fund
  • Repro Legal Helpline
  • CNN

Page updated · transcript and summary are machine-generated