Will Trump Succeed in Rigging the Midterms? artwork

Will Trump Succeed in Rigging the Midterms?

Strict Scrutiny

August 3, 2026

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_cleKate and Leah have good news and bad news.
Speakers: Leah Litman, Kate Shaw, Rick Hasen, Farah Diaz-Tello
**Leah Litman** (0:00)
Strict Scrutiny is brought to you by Americans United for Separation of Church and State. It's everywhere right now. The celebration of America's 250th, and we're in the thick of it this month. Christian nationalists are using this milestone not to unite, but to divide. They're pushing the lie that America was founded to be a Christian nation, where just one religious movement gets to decide who fully belongs, instead of the truth that America was founded as a democracy committed to liberty and justice for all. That's propaganda, not patriotism. It's a dangerous lie meant to justify censorship, discrimination, attacks on public schools, assaults on LGBTQ plus rights, restrictions on reproductive freedom and government favoritism toward one extremist version of Christianity.
Americans United for Separation of Church and State is here to fight back against this dangerous and egregious misinterpretation of our founding documents. AU fights daily for everyone's ability to live as themselves and believe as they choose, so long as they don't harm others. Novel idea in the day and age when almost every day we're seeing Christian nationalism weaponize a faith to attack individual freedoms across the country. Do something patriotic this summer as you're dodging the propaganda flying at you from all angles. Become a member of Americans United. By supporting AU, you're committing to stand up and protect church-state separation in every area of life. Learn more about how you can support and how AU protects everyone's rights at au.org/crooked.

**SPEAKER_2** (1:20)
Mr. Chief Justice, please report. It's an old joke, but when a man argues against two beautiful ladies like this, they're going to have the last word.

**SPEAKER_3** (1:32)
She spoke, not elegantly, but with unmistakable clarity. She said, I ask no favor for my sex.
All I ask of our brethren is that they take their feet off our necks.

**Kate Shaw** (2:02)
Hello and welcome back to Strict Scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it. We are your host today. I'm Kate Shaw.

**Leah Litman** (2:09)
And I'm Leah Litman.
As you can tell, we are continuing our summer of rotating responsibilities, but fear not, you will get Melissa back next week. And before you know it, the three of us will be back in the usual swing of things. But here's what we've got in store for you today. We are going to start with the week's big legal and law adjacent news.

**Kate Shaw** (2:26)
We're then going to have a conversation about what exactly the president is trying to do and what he has gone running to the Supreme Court to ask for its blessing to do when it comes to voting and in particular voting in the fast approaching midterm elections. For that conversation, we will be joined by UCLA's Rick Hasen, friend of the show and one of the nation's leading experts on election law.

**Leah Litman** (2:43)
And finally, we will bring you a conversation Kate recently had with the legal director of the organization If When How about what they are seeing and working on when it comes to the use of criminal law to target both abortion and people who experience pregnancy loss in the wake of Dobbs. So stay tuned for that.

**Kate Shaw** (2:59)
Okay, but before we get to the substance of the show, we have some exciting news. Leah mentioned this last week. I am excited to talk about it too because we've been working on this for a while.
If you are a lawyer looking for fun, new ways to get your CLE credits, you can now get those by listening to our podcast. We just launched our first course that's eligible for CLE credit. It is our Scotus Term Recap episode. It came out in the first week of July and it is now approved in California, New York, Texas. Wow, this is more than last week. This is exciting. Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon. And we will keep you posted as more states are added. This is an experiment. This is something new we're trying. And if enough people sign up, we will hopefully get to maybe add some more states and definitely add more episodes in the future. So to listen to the show for CLE credit, if you haven't had a chance to listen to it or if you did, but we talked so fast, you probably wanted to listen to it a second time anyway. You can do that and get some CLE credits when you do. So you can go to crooked.com/strictunderscorecle.
Again, crooked.com/strictunderscorecle, and you can learn more and buy the course there. Once you have purchased, you will head over to our partners at Lawline, which is an accredited CLE provider responsible for CLE administration to access it for course credit. So happy continuing educationing.

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