Mark Levin Podcast
Episode: Texas Redistricting Ruckus: Judges Clash Over Race and Politics
Date: November 21, 2025
Host: Mark Levin (Cumulus Podcast Network)
Guests: Hans von Spakovsky, Stephen A. Smith, Sean Hannity, Gabe Kaminsky
Episode Overview
This episode dives deep into the explosive judicial conflict over Texas’s recent congressional redistricting, focusing on a highly contentious 2-1 federal court decision and a blistering dissent. Mark Levin dissects the legal, political, and cultural implications of the case, explores allegations of judicial misbehavior, examines contemporary issues of race and partisanship, and hosts high-profile guests including Hans von Spakovsky, Stephen A. Smith, and Sean Hannity. The episode also touches on themes of media bias, partisan polarization, the role of new media figures, anti-Semitism, and broader questions about America’s future.
Key Discussion Points & Insights
1. Texas Redistricting Court Decision (01:55–14:00)
Summary of the Court Ruling
- A 3-judge federal panel (2-1) blocked Texas’s new congressional map, claiming it was racially motivated.
- Judge Jerry Smith’s dissent (104 pages) was "the most scathing denunciation" Levin’s ever read.
- The majority (Judges Brown and Guadarrama) allegedly "collaborated" to push the decision before Smith could properly dissent.
Judicial Misconduct Allegations
- Jerry Smith accused the majority of “pernicious judicial misbehavior” and procedural abuse.
- Quote (04:09):
“Smith accused Brown and Guadarrama of, quote, pernicious judicial misbehavior, unquote. ...I've never heard of this before.” —Mark Levin
- Quote (04:09):
- Smith details being denied reasonable time to reply; says this is unprecedented in 40 years.
Smith’s Dissent – Major Criticisms
- Accuses the majority of blatant judicial activism:
- Quote (08:10):
“The most blatant exercise of judicial activism that he has ever witnessed…” —Mark Levin reading Judge Smith
- Quote (08:10):
- Argues the redistricting was about partisan advantage, not race.
- Quote (09:50):
“The obvious reason for the Texas redistricting... was partisan gain, not racism.” —Judge Smith via Levin
- Quote (09:50):
- Dismisses the plaintiffs’ theory (that limiting more GOP seats proves racial bias) as "perverse and bizarre".
Political Implications
- Judge Smith: “The main winners... are George Soros and Gavin Newsom. The obvious losers are the people of Texas and the rule of law.” (05:54)
- Smith urges the Supreme Court to reverse the order: “With this decision... darkness descends on the rule of law.” (12:20)
Media & Public Perception
- Levin compares the Texas case to “one-party gerrymanders” in blue states (California, Massachusetts).
- Emphasizes the lack of similar scrutiny for Democrats.
2. Conversation with Hans von Spakovsky (Heritage Foundation) (20:09–27:40)
Expert Analysis on the Judicial Process
- Von Spakovsky underscores Judge Smith’s credibility and the extraordinary nature of his dissent.
- Quote (21:24):
“He talks about the pernicious judicial misbehavior of Judge Brown… [including] a two page list of all of the... misleading, deceptive and false statements that Judge Brown put in the majority opinion.”
- Quote (21:24):
- Notes that all challenging lawyers were funded by George Soros-backed groups.
- Quote (22:24):
“They were all getting paid by who? George Soros and these liberal organizations...”
- Quote (22:24):
On Erosion of Judicial Norms
- Hans: “We almost never see this kind of a tone in an opinion, and that in itself tells you how bad the misbehavior was...”
- Levin and Hans agree that partisan judicial conduct and radical appointees have eroded trust in the courts.
Prediction & Next Steps
- Both expect the Supreme Court to stay the injunction; stress urgency due to upcoming elections.
3. Political Violence, Media Spin, and 'Sedition' Debate (15:06, 16:32–37:54)
Democratic Accusations Against Trump
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Levin reacts to claims that Trump is calling for the execution of Democratic lawmakers for “seditious behavior.”
- Levin and Carolyn Levitt (Trump WH) clarify Trump was condemning behavior—not calling for executions.
-
Levitt and Levin assert some Democratic lawmakers urged the military to disobey Trump, which Levin labels as crossing into sedition.
- Quote (28:29):
“Urging the military to reject the Commander in chief, to undermine our system of government… If the military adhered to it, it would be insurrection.” —Mark Levin
- Quote (28:29):
-
Levin lambasts media hypocrisy, suggesting media ignores Democratic violations but inflates Trump’s statements.
4. Interview with Stephen A. Smith: Race, Media, & Political Division (49:13–70:41)
Navigating Political and Racial Narratives
- Stephen A. Smith discusses being open-minded and pursuing truth, not ideological conformity.
- Quote (51:35):
“You should be in tireless pursuit of the truth, obviously… be unapologetic about stating where you stand… but you're open minded enough to be corrected.”
- Quote (51:35):
- Smith highlights manipulation of historical party alignment regarding racism/civil rights.
- Discusses his upbringing in a “conservative to the core” household that voted Democrat—a dynamic he sees as widespread.
On Capitalism and Opportunity
- Smith affirms pride in capitalism and the American dream:
- Quote (55:50):
“Yes, I am, and proud of it. I'm not into socialism. I'm not into communism. I'm an American citizen.”
- Quote (55:50):
On Trump and Political Divide
- Smith shares past positive interactions with Trump, rejects “racist” claims.
- Critiques Trump's lack of statesmanship but supports some policies, e.g., on immigration.
- “All of this racist stuff, Nazi stuff, you never heard those words coming out of my mouth because I knew that was nonsense.” (63:43)
- Worries both left and right treat politics as “Armageddon” if their side loses; urges for common sense and focus on unity.
5. Media, New Media Figures, and Political Influence (89:42–109:04)
Investigating Nick Fuentes and the Far-Right Ecosystem
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Gabe Kaminsky reports on Nick Fuentes’s political activities and new nonprofit.
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Raises concerns about new media (podcasters like Tucker Carlson, Megyn Kelly, Candace Owens, Steve Bannon) using outrage and extremism to drive clicks—and inadvertently empowering destructive fringe actors.
- Quote (99:24):
“They're not particularly profound… but man, if they could stir the pot, push the conspiracies… that's what sells.”
- Quote (99:24):
-
Levin and Kaminsky agree: short-term incentives for online outrage are harmful to political culture and risk fracturing the GOP electoral coalition.
-
Kaminsky notes possible undisclosed funding ("dark money") flowing to extremist organizations.
Moral, Civic Decay, and Pushback
- Levin argues that lack of pushback from responsible cultural institutions (media, churches, synagogues) allows extremism to flourish.
- “A lot of young people… start listening to these people… and the more they hear of them… the more this becomes acceptable.” (102:06)
6. Cultural Flashpoints, Israel, and National Security (74:04–88:19)
Israel at War & U.S. Foreign Policy
- Levin and Sean Hannity discuss Israel’s self-defense against Iran, U.S.-Israel relations, and responses to anti-Semitism.
- Hannity: “If a foreign entity fired one missile into one American town… what would you want your government to do?”
- Levin and Hannity both praise Trump’s foreign policy as strong but non-isolationist (“Trump doctrine”).
Law & Order, Domestic Security
- Hannity gives harrowing examples of repeat offenders and the erosion of public safety.
- “If you don't have law and order… you don't have any ability to pursue happiness.” (78:12)
Notable Quotes & Memorable Moments
- On Judicial Misconduct:
“I've never, ever, in all the years I have been practicing law, ever seen anything like this.” —Mark Levin (04:09) - On Redistricting Motives:
“The obvious reason for the Texas redistricting... was partisan gain, not racism.” —Judge Smith via Levin (09:50) - On Media Culture:
“They want to get in all these fights… While it's great to have this sort of competition of these different platforms… in so many ways it's created, I think, really a thuggish, nasty atmosphere.” —Mark Levin (99:21) - On Unity vs. Partisanship:
“We can agree without being disagreeable and we could go from there.” —Stephen A. Smith (51:35) - On the Risks of Fringe Influence:
“If they rule the roost or win the day or even have an influence over 3, 4, 5% of the vote… they could destroy MAGA. They can elect the Democrats…” —Mark Levin (95:51)
Timestamps for Key Segments
- Opening/Redistricting Intro: 01:55
- Judge Smith’s Dissent & Analysis: 03:43–14:00
- Hans von Spakovsky Interview: 20:09–27:40
- Trump/Democratic Lawmaker Sedition Debate: 16:32–37:54
- Stephen A. Smith Interview & Political Commentary: 49:13–70:41, 59:14–63:16
- Sean Hannity Conversation – Israel, Law & Order: 75:28–88:19
- Nick Fuentes/New Media/Podcasts Discussion (with Gabe Kaminsky): 89:42–109:04
Tone & Noteworthy Aspects
- Style: The episode is energetic, combative, and rich with legal and political analysis, matching Mark Levin’s signature passionate, no-holds-barred tone.
- Content Mix: Combines breaking legal news, in-depth interviews with experts and cultural commentators, and sharp media criticism.
- Engagement: Robust cross-talk with guests from diverse backgrounds (legal, media, sports), keeping discussions dynamic.
For Listeners
This episode is crucial for listeners interested in:
- The interplay between race, party politics, and redistricting law.
- Judicial conduct and the politicization of the courts.
- How media, including alternative and new media, shape political perception and polarization.
- Real-world implications of legal and cultural battles for national unity and democratic norms.
- Honest appraisals—from a conservative perspective—of both the left and the right.
