How the GOP is Trying to Steal the 2026 Midterms

Mon Aug 11 2025

Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Process: Why Fairness Matters in a Polarized World. Finally, Leah speaks with University of Michigan Law Professor Richard Primus, author of the new book The Oldest Constitutional Question: Enumeration and Federal Power.

Summary

Strict Scrutiny Episode Summary: "How the GOP is Trying to Steal the 2026 Midterms"

Release Date: August 11, 2025

Introduction

In this episode of Strict Scrutiny, hosted by Melissa Murray and guest host Imani Gandhi, the discussion delves deep into the strategic maneuvers by the GOP aimed at influencing the 2026 midterm elections. The episode meticulously examines recent legal battles, redistricting efforts, and administrative actions that collectively signal an aggressive push to consolidate GOP power.

1. Legal Battles: JGG vs. Trump and the Alien Enemies Act

Melissa Murray opens the discussion with a detailed overview of the significant case JGG vs. Trump, which centers on the deportation of Venezuelan migrants to El Salvador under the antiquated Alien Enemies Act from the 1700s.

Judge Boasberg's Stance: In March, Judge Boasberg ordered the Trump administration to halt deportation flights, emphasizing the migrants' rights to due process (00:00-07:22). "We can, we must fight back," Murray urges listeners, highlighting the dire implications of undermining decades of secular democracy.
D.C. Circuit's Ruling: The administration appealed, leading to a split decision in the D.C. Circuit. Judges Greg Katsas and Naomi Rao, both Trump appointees, sided with the administration, effectively overruling Judge Boasberg's contempt order (07:22-10:54). Leah Lippman criticizes the decision, noting the lack of applicability of the Alien Enemies Act during peacetime and questioning the judiciary's overreach.

Notable Quote:

Leah Lippman (10:26): "It is doubly wild, I think, in light of all of the public reporting on Erez Rouvini's whistleblower complaint..."

2. Texas Redistricting and Midterm Manipulation

A significant portion of the episode focuses on Texas's unprecedented efforts to redraw congressional districts ahead of the 2026 midterms.

Governor Greg Abbott's Strategy: Seeking to expand the GOP’s slim House majority from 219 to 212 seats, Governor Abbott collaborates with state officials to engage in mid-census redistricting, a move seen as a blatant attempt to manipulate electoral outcomes despite recent census completion (12:23-16:11).
Legislative Exodus: In protest, Democratic legislators fled Texas to Illinois, attempting to block redistricting by denying quorum (16:11-19:44). Abbott's subsequent legal maneuvers, including the emergency petition to remove Representative Jean Wu, underscore the lengths to which the GOP will go to secure power (19:44-20:23).

Notable Quote:

Leah Lippman (15:04): "All you need is like Chip Roy saying, asking questions and all of a sudden you're in deep trouble."

3. Census Manipulation and Its Constitutional Implications

President Trump's recent directive to revise the census data excludes non-citizens, aiming to skew congressional seat allocations in favor of the GOP (22:26-25:46).

Constitutional Concerns: Critics argue that excluding non-citizens violates the 14th Amendment's mandate to count the "whole number of persons" and breaches the separation of powers by overstepping presidential authority (24:59-26:03).
Potential Supreme Court Challenges: The episode anticipates imminent Supreme Court scrutiny of these census alterations, paralleling past battles over citizenship questions in the census (25:46-27:00).

Notable Quote:

Imani Gandhi (24:10): "But what is clear is that a census that excluded non citizens would violate Section 2 of the 14th Amendment..."

4. Administration's Assault on Reproductive Rights

The Trump administration's decision to incinerate $19 million worth of contraception stock in Belgium is dissected as a tactical move to undermine global reproductive health initiatives and further the global gag rule ("Mexico City Policy") (28:44-34:38).

Policy Implications: By destroying contraceptives rather than donating or selling them, the administration signals a hostile stance towards women's reproductive rights globally (29:30-34:38).
Conflation with Abortion: The move is criticized as a strategy to conflate contraception with abortion, facilitating the broader agenda of fetal personhood (34:15-34:38).

Notable Quote:

Leah Lippman (34:05): "It's absolutely not about merit. We're not checking the GPAs of, you know, field hockey players."

5. Curtailing Scientific Progress and Public Health

The episode highlights the administration's rollback of MR NAs vaccine development contracts, aligning with RFK Jr.'s vaccine skepticism (35:26-38:55).

Public Health Risks: By halting MR NAs research, the administration jeopardizes the country's ability to respond swiftly to future pandemics (35:26-38:55).

Notable Quote:

Leah Lippman (38:55): "For what it's worth, Dr. McIntar was appointed commissioner of the Bureau by President Biden in 2023..."

6. Supreme Court's Erosion of Voting Rights

The podcast discusses the Supreme Court's decisions undermining the Voting Rights Act (VRA), particularly the elimination of federal oversight on partisan gerrymandering, which emboldens states like Texas to engage in extreme redistricting (43:57-44:55).

Impact on Representation: The weakening of the VRA diminishes protections for minority voters, potentially leading to further disenfranchisement and unequal representation (43:57-44:55).

Notable Quote:

Imani Gandhi (43:57): "It's really about fewer black and brown students, more legacies, more athletes."

7. Epstein Files and Political Accountability

The episode covers the House Oversight Committee's subpoena for the release of Epstein and Maxwell's files, expanding the investigation to include high-profile figures like Bill and Hillary Clinton, Merrick Garland, and Jeff Sessions (47:44-50:42).

Subpoena Implications: By compelling the DOJ to disclose these documents, the GOP aims to unearth potential misconduct and maintain pressure despite notably excluding key figures like Alex Acosta (48:00-50:42).

Notable Quote:

Leah Lippman (49:00): "We're gonna find everything out about Epstein and Ghislaine Maxwell, no doubt."

Interviews with Legal Scholars

A. Brandon Garrett on "Defending Due Process"

The first interview features Duke Law Professor Brandon Garrett, who discusses his book Defending Due Process: Why Fairness Matters in a Polarized World (51:13-78:25).

Due Process Under Threat: Garrett explores how due process protections—ensuring fair procedures before depriving individuals of life, liberty, or property—are being undermined in various governmental actions, from immigration detention to administrative hearings.
Blackstone's Ratio: He addresses the concept that it's better for multiple guilty individuals to go free than for one innocent person to be wrongfully convicted, emphasizing public misunderstanding and diminishing support for robust due process safeguards.
Role of Technology: Garrett warns against the unregulated use of AI and algorithms in administrative decisions, highlighting the risks of opaque systems that bypass traditional due process (63:56-69:25).
Prescriptions for Strengthening Due Process: He advocates for ending zero-sum thinking, enhancing fairness in governmental procedures, and resisting technological encroachments that threaten procedural justice (77:43-78:25).

Notable Quote:

Brandon Garrett (65:29): "If you're doing things arbitrarily, you're going to harm public safety and you're going to harm people's rights in a horrible way."

B. Richard Primus on "The Oldest Constitutional Question"

Later, Michigan Law Professor Richard Primus discusses his book The Oldest Constitutional Question: Enumeration and Federal Power (81:37-118:00).

Federalism and Enumerated Powers: Primus challenges the conventional interpretation that the enumeration of congressional powers strictly limits federal authority. He argues that historically, enumerated powers were intended to empower, not merely constrain, the federal government.
Supreme Court's Role: He critiques the Supreme Court's adherence to enumerationism, suggesting it hampers the federal government's ability to address complex, modern issues effectively.
Long-Term Constitutional Change: Primus emphasizes that meaningful constitutional reform occurs over extended periods through persistent advocacy and shifting judicial philosophies, rather than immediate changes (99:35-107:37).

Notable Quote:

Richard Primus (99:35): "Enumerationism is a deeply entrenched element of faith in the way that the present generation of constitutional lawyers thinks about constitutional law."

Conclusion and Reflections

Melissa Murray wraps up the episode by reflecting on the critical nature of safeguarding due process and enumerated powers against the backdrop of a polarized political landscape. The hosts underscore the importance of understanding and actively defending constitutional principles to prevent manipulative tactics aimed at preserving partisan control.

Notable Quote:

Leah Lippman (78:57): "We're still going on the news. More to discuss. On Thursday, President Trump announced..."

Key Takeaways

The GOP employs strategic legal and redistricting maneuvers to solidify power ahead of the 2026 midterms.
Conservative judicial decisions are facilitating the erosion of due process and voting rights.
Administrative actions, such as manipulating census data and destroying contraceptives, reflect a broader agenda to undermine democratic institutions and reproductive rights.
Experts like Brandon Garrett and Richard Primus provide critical insights into the fragility of due process and the misinterpretation of enumerated powers, urging sustained advocacy for constitutional protections.

Notable Quotes Summary

Leah Lippman (10:26): "We can, we must fight back."
Leah Lippman (15:04): "All you need is like Chip Roy saying, asking questions and all of a sudden you're in deep trouble."
Imani Gandhi (24:10): "But what is clear is that a census that excluded non citizens would violate Section 2 of the 14th Amendment..."
Imani Gandhi (43:57): "It's really about fewer black and brown students, more legacies, more athletes."
Brandon Garrett (65:29): "If you're doing things arbitrarily, you're going to harm public safety and you're going to harm people's rights in a horrible way."
Richard Primus (99:35): "Enumerationism is a deeply entrenched element of faith in the way that the present generation of constitutional lawyers thinks about constitutional law."

This episode of Strict Scrutiny offers a comprehensive examination of the current legal and political strategies employed by the GOP to influence upcoming elections, framed within a broader analysis of constitutional principles and their erosion in a polarized era.

Summary

Strict Scrutiny Episode Summary: "How the GOP is Trying to Steal the 2026 Midterms"

Release Date: August 11, 2025

Introduction

1. Legal Battles: JGG vs. Trump and the Alien Enemies Act

Judge Boasberg's Stance: In March, Judge Boasberg ordered the Trump administration to halt deportation flights, emphasizing the migrants' rights to due process (00:00-07:22). "We can, we must fight back," Murray urges listeners, highlighting the dire implications of undermining decades of secular democracy.
D.C. Circuit's Ruling: The administration appealed, leading to a split decision in the D.C. Circuit. Judges Greg Katsas and Naomi Rao, both Trump appointees, sided with the administration, effectively overruling Judge Boasberg's contempt order (07:22-10:54). Leah Lippman criticizes the decision, noting the lack of applicability of the Alien Enemies Act during peacetime and questioning the judiciary's overreach.

Notable Quote:

Leah Lippman (10:26): "It is doubly wild, I think, in light of all of the public reporting on Erez Rouvini's whistleblower complaint..."

2. Texas Redistricting and Midterm Manipulation

A significant portion of the episode focuses on Texas's unprecedented efforts to redraw congressional districts ahead of the 2026 midterms.

Governor Greg Abbott's Strategy: Seeking to expand the GOP’s slim House majority from 219 to 212 seats, Governor Abbott collaborates with state officials to engage in mid-census redistricting, a move seen as a blatant attempt to manipulate electoral outcomes despite recent census completion (12:23-16:11).
Legislative Exodus: In protest, Democratic legislators fled Texas to Illinois, attempting to block redistricting by denying quorum (16:11-19:44). Abbott's subsequent legal maneuvers, including the emergency petition to remove Representative Jean Wu, underscore the lengths to which the GOP will go to secure power (19:44-20:23).

Notable Quote:

Leah Lippman (15:04): "All you need is like Chip Roy saying, asking questions and all of a sudden you're in deep trouble."

3. Census Manipulation and Its Constitutional Implications

President Trump's recent directive to revise the census data excludes non-citizens, aiming to skew congressional seat allocations in favor of the GOP (22:26-25:46).

Constitutional Concerns: Critics argue that excluding non-citizens violates the 14th Amendment's mandate to count the "whole number of persons" and breaches the separation of powers by overstepping presidential authority (24:59-26:03).
Potential Supreme Court Challenges: The episode anticipates imminent Supreme Court scrutiny of these census alterations, paralleling past battles over citizenship questions in the census (25:46-27:00).

Notable Quote:

Imani Gandhi (24:10): "But what is clear is that a census that excluded non citizens would violate Section 2 of the 14th Amendment..."

4. Administration's Assault on Reproductive Rights

Policy Implications: By destroying contraceptives rather than donating or selling them, the administration signals a hostile stance towards women's reproductive rights globally (29:30-34:38).
Conflation with Abortion: The move is criticized as a strategy to conflate contraception with abortion, facilitating the broader agenda of fetal personhood (34:15-34:38).

Notable Quote:

Leah Lippman (34:05): "It's absolutely not about merit. We're not checking the GPAs of, you know, field hockey players."

5. Curtailing Scientific Progress and Public Health

The episode highlights the administration's rollback of MR NAs vaccine development contracts, aligning with RFK Jr.'s vaccine skepticism (35:26-38:55).

Public Health Risks: By halting MR NAs research, the administration jeopardizes the country's ability to respond swiftly to future pandemics (35:26-38:55).

Notable Quote:

Leah Lippman (38:55): "For what it's worth, Dr. McIntar was appointed commissioner of the Bureau by President Biden in 2023..."

6. Supreme Court's Erosion of Voting Rights

Impact on Representation: The weakening of the VRA diminishes protections for minority voters, potentially leading to further disenfranchisement and unequal representation (43:57-44:55).

Notable Quote:

Imani Gandhi (43:57): "It's really about fewer black and brown students, more legacies, more athletes."

7. Epstein Files and Political Accountability

Subpoena Implications: By compelling the DOJ to disclose these documents, the GOP aims to unearth potential misconduct and maintain pressure despite notably excluding key figures like Alex Acosta (48:00-50:42).

Notable Quote:

Leah Lippman (49:00): "We're gonna find everything out about Epstein and Ghislaine Maxwell, no doubt."

Interviews with Legal Scholars

A. Brandon Garrett on "Defending Due Process"

The first interview features Duke Law Professor Brandon Garrett, who discusses his book Defending Due Process: Why Fairness Matters in a Polarized World (51:13-78:25).

Due Process Under Threat: Garrett explores how due process protections—ensuring fair procedures before depriving individuals of life, liberty, or property—are being undermined in various governmental actions, from immigration detention to administrative hearings.
Blackstone's Ratio: He addresses the concept that it's better for multiple guilty individuals to go free than for one innocent person to be wrongfully convicted, emphasizing public misunderstanding and diminishing support for robust due process safeguards.
Role of Technology: Garrett warns against the unregulated use of AI and algorithms in administrative decisions, highlighting the risks of opaque systems that bypass traditional due process (63:56-69:25).
Prescriptions for Strengthening Due Process: He advocates for ending zero-sum thinking, enhancing fairness in governmental procedures, and resisting technological encroachments that threaten procedural justice (77:43-78:25).

Notable Quote:

Brandon Garrett (65:29): "If you're doing things arbitrarily, you're going to harm public safety and you're going to harm people's rights in a horrible way."

B. Richard Primus on "The Oldest Constitutional Question"

Later, Michigan Law Professor Richard Primus discusses his book The Oldest Constitutional Question: Enumeration and Federal Power (81:37-118:00).

Federalism and Enumerated Powers: Primus challenges the conventional interpretation that the enumeration of congressional powers strictly limits federal authority. He argues that historically, enumerated powers were intended to empower, not merely constrain, the federal government.
Supreme Court's Role: He critiques the Supreme Court's adherence to enumerationism, suggesting it hampers the federal government's ability to address complex, modern issues effectively.
Long-Term Constitutional Change: Primus emphasizes that meaningful constitutional reform occurs over extended periods through persistent advocacy and shifting judicial philosophies, rather than immediate changes (99:35-107:37).

Notable Quote:

Richard Primus (99:35): "Enumerationism is a deeply entrenched element of faith in the way that the present generation of constitutional lawyers thinks about constitutional law."

Conclusion and Reflections

Notable Quote:

Leah Lippman (78:57): "We're still going on the news. More to discuss. On Thursday, President Trump announced..."

Key Takeaways

The GOP employs strategic legal and redistricting maneuvers to solidify power ahead of the 2026 midterms.
Conservative judicial decisions are facilitating the erosion of due process and voting rights.
Administrative actions, such as manipulating census data and destroying contraceptives, reflect a broader agenda to undermine democratic institutions and reproductive rights.
Experts like Brandon Garrett and Richard Primus provide critical insights into the fragility of due process and the misinterpretation of enumerated powers, urging sustained advocacy for constitutional protections.

Notable Quotes Summary

Leah Lippman (10:26): "We can, we must fight back."
Leah Lippman (15:04): "All you need is like Chip Roy saying, asking questions and all of a sudden you're in deep trouble."
Imani Gandhi (24:10): "But what is clear is that a census that excluded non citizens would violate Section 2 of the 14th Amendment..."
Imani Gandhi (43:57): "It's really about fewer black and brown students, more legacies, more athletes."
Brandon Garrett (65:29): "If you're doing things arbitrarily, you're going to harm public safety and you're going to harm people's rights in a horrible way."
Richard Primus (99:35): "Enumerationism is a deeply entrenched element of faith in the way that the present generation of constitutional lawyers thinks about constitutional law."

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How the GOP is Trying to Steal the 2026 Midterms

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