WEBVTT - Trump's Big Iran Decision 0:00:05.760 --> 0:00:07.880 I'm Josh Hammer and this is the Josh Hammer Show. 0:00:08.320 --> 0:00:11.600 It's transgender argument day at the United States Supreme Court. 0:00:11.680 --> 0:00:14.680 Plenty of other massive news to get to. Some huge, 0:00:14.760 --> 0:00:17.760 huge cultural decisions will be decided by the nine justices 0:00:17.800 --> 0:00:21.560 based on how this or argument in today's hearing went. 0:00:21.720 --> 0:00:25.320 But the big story that the international community and most 0:00:25.360 --> 0:00:28.480 Americans are really fixated that are paying attention to right 0:00:28.520 --> 0:00:30.080 now and how can we not address it at the 0:00:30.080 --> 0:00:33.839 top of the show, that is the roiling situation in Iran. 0:00:34.320 --> 0:00:37.440 So it is reaching rapidly something of a boiling point. 0:00:37.560 --> 0:00:41.320 Earlier today, Donald Trump getting in briefed with his latest 0:00:41.320 --> 0:00:44.440 assessment as to what the possible options are as to 0:00:44.479 --> 0:00:47.520 what to do at this particular time when it comes 0:00:47.560 --> 0:00:53.280 to the horrific regime crackdown, regime crackdown on the innocent 0:00:53.400 --> 0:00:56.720 civilians who are rising up, who are risking their lives, 0:00:56.760 --> 0:00:59.560 their fortune, and their sacred honor. Yes, that is the 0:00:59.560 --> 0:01:02.040 analogy draw here. They are risking it much as the 0:01:02.080 --> 0:01:04.440 patriots of seventeen seventy six risk it in order to 0:01:04.480 --> 0:01:08.600 try to topple this terrible regime. As of yesterday, we 0:01:08.600 --> 0:01:12.080 were discussing on the show that the inside the Inside 0:01:12.120 --> 0:01:14.880 Baseball scoop that I heard from various sources was potentially 0:01:14.959 --> 0:01:18.400 upwards of two thousand Iranian civilians who have been slaughtered. 0:01:19.280 --> 0:01:21.920 I'm still hearing it's in the thousands. For what it's worth, 0:01:22.800 --> 0:01:26.000 I'm now hearing from some folks over at CBS News. 0:01:26.440 --> 0:01:29.880 It's very, very difficult to get precise numbers on this stuff, 0:01:30.080 --> 0:01:33.400 and partially because of the Internet blackout parts, because the 0:01:33.440 --> 0:01:36.120 foam blackout parts are because this part of the world 0:01:36.240 --> 0:01:40.720 is just infamously difficult to get accurate numbers, see for instance, 0:01:40.760 --> 0:01:42.920 the Gaza Ministry of Health, which is run by Hamas. 0:01:43.080 --> 0:01:46.160 But for whatever it's worth, folks over at CBS and 0:01:46.280 --> 0:01:48.200 least those who I've been in touch with are are 0:01:48.360 --> 0:01:53.120 estimating potentially potentially as many as twenty thousand. Potentially take 0:01:53.160 --> 0:01:54.640 take them with a grain of salt, Okay, a big 0:01:54.640 --> 0:01:57.280 grin of sault, potentially, but we could be looking at 0:01:57.320 --> 0:02:01.560 upwards of twenty thousand innocent to runians. Billions mowed down 0:02:02.080 --> 0:02:05.000 by this regime. Again, all sorts of anecdotal stuff. Images 0:02:05.040 --> 0:02:08.080 popping up over social media of just body bags upon 0:02:08.200 --> 0:02:11.680 body bags upon body bags at the hospital, at the Morgue. 0:02:11.919 --> 0:02:15.520 It's a horrible, horrible situation. Well over million millions now 0:02:15.600 --> 0:02:18.760 of Iranians who have been taken to the streets in 0:02:18.840 --> 0:02:22.480 protests of this regime. This particular protest, as discussed previously 0:02:22.520 --> 0:02:25.480 on this show, have happened because of the plumbing real 0:02:25.520 --> 0:02:29.200 of the Iranian currency, because of food scarcity, of the droughts. 0:02:29.360 --> 0:02:32.320 That people just want the regime to focus on themselves 0:02:32.360 --> 0:02:34.639 as opposed to funding all of their terrorist proxies and 0:02:34.720 --> 0:02:38.640 all of the sheited insuluments, propaganda overseas and so forth. 0:02:38.840 --> 0:02:41.320 By the way, as an aside, I have to say, 0:02:41.600 --> 0:02:44.040 putting on my pop culture lens here just for a 0:02:44.080 --> 0:02:48.680 secondifem I actually just started season three of Tehran, which 0:02:48.720 --> 0:02:51.880 is the show on Apple TV, strongly encouraged at the 0:02:51.880 --> 0:02:56.720 timing really could not be more incredible. But we just 0:02:56.720 --> 0:02:58.520 started that in season three is off to a good start. 0:02:58.560 --> 0:02:59.840 So I was watching that last night. It's like, oh 0:02:59.840 --> 0:03:02.320 my god, this is really happening in real life. So 0:03:02.440 --> 0:03:05.200 that is million dollar question though, is is it happening 0:03:05.280 --> 0:03:08.120 in real life? Because we see now what's going on 0:03:08.320 --> 0:03:12.400 over in Iran, and it's it's bad. But where's auth 0:03:12.400 --> 0:03:15.280 these going to go from here? Moreover, is the Trump 0:03:15.280 --> 0:03:19.680 administration speaking clearly and with one voice on this issue. 0:03:20.120 --> 0:03:23.880 This has been one of the most difficult, thorniest evergreen 0:03:23.960 --> 0:03:27.079 topics whenever various issues for the Trump ministration come up, 0:03:27.120 --> 0:03:30.679 but perhaps especially those pertending to foreign policy. Does the 0:03:30.680 --> 0:03:34.840 administration actually speak with one voice? Does Donald Trump speak 0:03:35.160 --> 0:03:38.920 on behalf of everyone? From Marc Rubio on the more 0:03:39.080 --> 0:03:42.440 hawkish end of the spectrum, Pete Hegseth, who is perhaps 0:03:42.480 --> 0:03:44.600 somewhere in the middle, all the way over to his 0:03:44.640 --> 0:03:46.880 own Vice President Jade Vance and the d and I, 0:03:46.960 --> 0:03:50.720 Tulca Gabber and others who have more isolation sympathies. It's 0:03:51.000 --> 0:03:54.440 pretty well known that there's a lot disagreements within the 0:03:54.440 --> 0:03:56.480 White House, within the administration when it comes to all 0:03:56.520 --> 0:03:58.960 of these issues. So it's been somewhat of the talk 0:03:59.000 --> 0:04:02.000 of the town now for a few days that Trump's 0:04:02.040 --> 0:04:06.480 instincts are indeed to dramatically escalate in in bombing military 0:04:06.480 --> 0:04:10.600 fashion against the Iranian regime. And he is now the leading, 0:04:11.240 --> 0:04:14.200 one of the leading proponents, if you are paying attention 0:04:14.240 --> 0:04:16.000 to the tea leaves, he's one of the leading proponents 0:04:16.040 --> 0:04:20.120 of increasingly aggressive military action to try to topple this regime. 0:04:20.680 --> 0:04:22.920 On the other hand, you have the Vice President JD. Vance, 0:04:22.920 --> 0:04:25.320 who is leading the alternative caucus, who is leading the 0:04:25.360 --> 0:04:29.440 caucus of those who are trying now to preach diplomacy 0:04:29.600 --> 0:04:32.320 and various other means for what it's worth, Donald Trump 0:04:32.600 --> 0:04:35.680 not exactly interested in diplomacy. Donald Trump putting out on 0:04:35.720 --> 0:04:39.440 truth social this morning quote Irode and patriots keep protesting, 0:04:39.520 --> 0:04:42.400 take over your institutions. Save the names of the killers 0:04:42.440 --> 0:04:44.720 and abusers. They will pay a big price. I have 0:04:44.880 --> 0:04:48.120 canceled all meetings with the Roddian officials until the senseless 0:04:48.240 --> 0:04:52.719 killing of protesters stops. Help is on its way migas 0:04:52.760 --> 0:04:56.400 in make Iran great again. So he's canceled all meetings 0:04:56.800 --> 0:04:59.680 with officials until the killing stops. So it seems to 0:04:59.680 --> 0:05:03.960 me the Vance led push for diplomacy, whatever the merits 0:05:04.000 --> 0:05:06.679 of that of that may or may not be, simply 0:05:06.760 --> 0:05:10.920 are at this point falling on deaf years for President Trump, 0:05:11.040 --> 0:05:15.159 and by the way, that's his own entire can of worms. 0:05:15.520 --> 0:05:18.039 Is what is the current nature of the president vice 0:05:18.080 --> 0:05:20.680 president relationship. Recalled that Vice President Vance was actually not 0:05:20.760 --> 0:05:25.160 there at mar Lago during the Maduro operation. We saw 0:05:25.160 --> 0:05:27.680 all these images of Donald Trump flanked by people like 0:05:27.720 --> 0:05:29.919 Marco Rubiel. Well, where is the vice president? Well, his 0:05:30.000 --> 0:05:32.120 office put out a statement explaining why he was not there. 0:05:32.600 --> 0:05:35.240 They said that it was a possible security concern and 0:05:35.360 --> 0:05:39.160 op SEC concern, operational security. I'm not entirely sure that 0:05:39.240 --> 0:05:40.440 makes a whole lot of sense to make, to be 0:05:40.440 --> 0:05:41.880 honest with you, there's a lot of problement people there. 0:05:41.880 --> 0:05:44.760 They all had their own large motor cads. But is 0:05:44.800 --> 0:05:47.719 this another issue from Venezuela and now to Iran where 0:05:47.720 --> 0:05:51.000 there is this emerging delta, there's this emerging gap between 0:05:51.040 --> 0:05:54.200 President Trump and Vice President Vance. I actually, you know, 0:05:54.240 --> 0:05:56.840 putting on our domestic politics had for a minute here, 0:05:56.880 --> 0:05:59.880 I was just looking at an article a pull from 0:06:00.080 --> 0:06:03.320 rass Mussen ras Musen, which is one of the more 0:06:03.360 --> 0:06:06.360 conservative Republican leading major poulters out there. Ras Muson had 0:06:06.360 --> 0:06:09.479 a big piece just yesterday talking about how jad Vance's 0:06:09.480 --> 0:06:13.159 favorability numbers have been plumbing recently. So is this going 0:06:13.160 --> 0:06:16.119 to help his recovery where he's yet again being seen, 0:06:16.760 --> 0:06:19.880 perhaps probably accurately, seen as being on the other side 0:06:19.920 --> 0:06:23.280 of President Tromp on a major foreign policy issue. I 0:06:23.320 --> 0:06:25.279 have to suspect that is not going to help JD. 0:06:25.440 --> 0:06:27.560 Vans when it comes to twenty twenty eight, when it 0:06:27.560 --> 0:06:30.800 comes potentially to Donald Trump's endorsement. Frankly of Jdvan's come 0:06:30.839 --> 0:06:33.240 twenty twenty eight, But we will cross that bridge when 0:06:33.240 --> 0:06:36.839 it gets to it. For now, the possible escalation of 0:06:36.960 --> 0:06:40.040 military activities from the United States there looks at this 0:06:40.080 --> 0:06:43.440 point to be pretty much imminence. B fifty two bombers 0:06:43.720 --> 0:06:46.520 moving all the way into the Eastern Mediterranean, a lot 0:06:46.560 --> 0:06:50.360 of assets moving into places like Turkey. It seems like 0:06:50.520 --> 0:06:55.599 this thing is really going to potentially hit the fan asap. Now, 0:06:55.640 --> 0:06:58.280 you don't have to necessarily go in guns fully blazing. 0:06:58.400 --> 0:07:01.920 There are alternatives to There are things such as cyber 0:07:01.960 --> 0:07:05.720 attacks and things of that nature. But even if this 0:07:05.760 --> 0:07:09.000 thing does really militarily escalade and there start being lots 0:07:09.000 --> 0:07:12.760 of bombs and fireworks and all of that, it's important 0:07:12.760 --> 0:07:14.880 to note a couple of things. One is that no 0:07:14.920 --> 0:07:18.240 one here is talking about boots on the ground. I mean, 0:07:18.240 --> 0:07:21.000 how many times do we hear this slogan of boots 0:07:21.040 --> 0:07:25.240 on the ground. It's becomes something of a line that 0:07:25.640 --> 0:07:28.440 a lot of the Tucker Curlson Ron Paul types push 0:07:28.560 --> 0:07:31.680 to try to persuade people not to take any military 0:07:31.720 --> 0:07:36.000 action whatsoever. But it's obviously a false choice because there's 0:07:36.200 --> 0:07:38.760 approximately a million or two million different things that can 0:07:38.800 --> 0:07:41.280 happen between boots on the ground and between it doing 0:07:41.320 --> 0:07:44.320 absolutely nothing. Last I checked, there is virtually no one. 0:07:44.400 --> 0:07:47.040 I'm not even sure if Lindsey Graham himself is pushing 0:07:47.040 --> 0:07:49.640 for literal boots on the ground, the literal one hundred 0:07:49.680 --> 0:07:53.280 first airborne parachuting into Tehran to topple the Iyatola. No, 0:07:53.320 --> 0:07:56.400 that's not what's happening. What is happening is that the 0:07:56.440 --> 0:08:01.200 Iranian people, who have been brutally, brutally repressed for four 0:08:01.240 --> 0:08:03.440 and a half decades from the world's number one state 0:08:03.440 --> 0:08:06.440 sponsor of jihad, are risky at all to go to 0:08:06.440 --> 0:08:10.120 the streets to fight back against this regime. That's what's happening. 0:08:10.640 --> 0:08:10.800 You know. 0:08:10.840 --> 0:08:13.200 I saw some folks on social media earlier today who 0:08:13.200 --> 0:08:16.280 were promoting this clip of Charlie Kirk before he was 0:08:16.280 --> 0:08:18.760 trying to be assassinated. This was back in June, during 0:08:18.800 --> 0:08:21.480 the whole debate over whether to Bambaran's nuclear sytes, and 0:08:21.520 --> 0:08:24.000 this clip that I saw being circulated was Charlie Kirk 0:08:24.040 --> 0:08:26.560 saying beware of taking out the Ayatola, Well, guess what 0:08:26.640 --> 0:08:30.040 was not happening back then? The Iranian people were not uprising. 0:08:30.840 --> 0:08:33.880 Charlie Stance on this for what it's worth, Charlie Stance 0:08:33.920 --> 0:08:37.680 was very clear. He said that it's worth supporting the 0:08:37.679 --> 0:08:41.720 Iranian people if slash, when they rise up against this regime. 0:08:42.440 --> 0:08:45.560 What's not necessarily worth doing is going in guns fully blazing, 0:08:45.840 --> 0:08:50.920 absent the running people's support. Totally separate conversation for what it's worth, 0:08:51.320 --> 0:08:56.480 if Donald Trump does decide to significantly increase the military 0:08:56.520 --> 0:08:59.040 threat in the United States visa vise the iotolin As 0:08:59.120 --> 0:09:00.760 moll as they're in, or it looks like he can 0:09:01.000 --> 0:09:03.800 count on at least some byparises a poorer at least some, 0:09:03.840 --> 0:09:06.199 which is fascinating. For instance, here was John Fetterman and 0:09:06.240 --> 0:09:07.920 Pennsylvania speaking on CNN. 0:09:08.160 --> 0:09:14.040 Sure, absolutely, and now if it continues to make more sense. Absolutely. 0:09:14.080 --> 0:09:16.959 I think I was the only Democrat that fully supported 0:09:17.280 --> 0:09:21.280 our strike of their Irenian nuclear facilities last year, and 0:09:21.320 --> 0:09:24.559 now by then, without those kinds of strikes, Iran could 0:09:24.600 --> 0:09:27.719 have acquired a nuclear bomb. I think I hope we 0:09:27.840 --> 0:09:30.680 can all agree that Iran should have never acquired a 0:09:30.760 --> 0:09:35.240 nuclear bomb. And Iran is one of the world's top 0:09:35.720 --> 0:09:40.120 terrorist unrid and now you have that poisonous regime now 0:09:40.240 --> 0:09:43.360 in spiral. So why wouldn't we want to support that 0:09:43.440 --> 0:09:47.920 and those brave protesters they've killed probably more than six 0:09:48.040 --> 0:09:52.200 hundred by now. So now why would we want to 0:09:52.240 --> 0:09:56.559 have the kinds of targeted, kinds of action that could 0:09:56.640 --> 0:09:58.440 break that regime? 0:09:59.160 --> 0:10:02.640 Dal Trump has a unique opportunity to go down here 0:10:02.640 --> 0:10:06.000 in the history books. Already, in one fell swoop, in 0:10:06.040 --> 0:10:11.080 one astonishing breath taking operation in Caracas, he has extracted 0:10:11.280 --> 0:10:17.200 the illegitimate narco terrorist leader of Venezuela, Nicholas Maduro. Could 0:10:17.200 --> 0:10:20.800 he also be the president who presides over the end 0:10:20.880 --> 0:10:23.679 of four and a half plus decades of tyranny in 0:10:23.720 --> 0:10:28.040 Iran and by extension, frankly, for the whole world. Given 0:10:28.160 --> 0:10:31.960 how much jihad across the entire world that regime has sewed, 0:10:32.160 --> 0:10:35.360 how much American blood, how much European blood, how much 0:10:35.720 --> 0:10:39.080 Christian bloo Jewish blood, how much blood is on this 0:10:39.160 --> 0:10:43.920 theocratic isthmus regime's hands. It's not necessarily the job of 0:10:43.920 --> 0:10:46.880 the United States to go in there, with the aircraft 0:10:46.960 --> 0:10:51.960 carriers and the overwhelming ground, air and sea power. That's 0:10:51.960 --> 0:10:55.440 not what's being floated right now. What is being floated 0:10:56.040 --> 0:10:59.959 is support of the Iranian people. The details that will 0:10:59.960 --> 0:11:02.880 be defined by the president. But make no mistake about it, 0:11:02.920 --> 0:11:06.840 donald Trump's red line has been crossed. And yesterday's show 0:11:06.880 --> 0:11:09.880 we explained why we're not necessarily the biggest fans of 0:11:10.080 --> 0:11:12.960 red lines. I prefer the more foreign policy be done 0:11:13.000 --> 0:11:16.440 in secretive, clandestine fashion. Why give the enemy and he 0:11:16.440 --> 0:11:18.400 heads up, what's whatever, it's what your next move might 0:11:18.440 --> 0:11:21.520 actually be. But he said a redline. He said, if 0:11:21.520 --> 0:11:26.800 the regime starts massacring dissidents, he will take action. Over 0:11:26.840 --> 0:11:29.120 the weekend. On Sunday, it was reported that Donald Trump 0:11:29.120 --> 0:11:32.360 was emitting that perhaps his redline has been crossed. Here 0:11:33.080 --> 0:11:38.040 on Tuesday, we can now definitively say it has been crossed, 0:11:38.679 --> 0:11:42.280 stomped on, and torn to shreds. It's in your court, 0:11:42.480 --> 0:11:44.920 mister president, exactly where you take it from here. But 0:11:45.040 --> 0:11:47.800 you have a unique opportunity to go down history for 0:11:47.920 --> 0:11:51.360 providing moral sooker. And yes, military support is necessary to 0:11:51.360 --> 0:11:58.160 the running people. We'll be right back. I'm Josh Hammer 0:11:58.200 --> 0:12:02.760 and welcome back very much. Monitoring situation in Iraan. But 0:12:02.960 --> 0:12:06.480 as mentioned at the beginning, of our show. There's other 0:12:06.480 --> 0:12:09.559 stuff going on as well. One of the largest cases 0:12:09.679 --> 0:12:13.600 is actually technically two consolidated cases. One of the largest 0:12:13.720 --> 0:12:17.200 oral argument days at the Usupreme Court occurred earlier today. 0:12:17.520 --> 0:12:21.240 I listened to large swaths of the oral argument. So 0:12:21.280 --> 0:12:24.120 these are two technically combined cases. One is out of 0:12:24.160 --> 0:12:25.960 the states of Idaho. One is out of the state 0:12:25.960 --> 0:12:29.080 of West Virginia. The state out of Idaho is Little 0:12:29.280 --> 0:12:32.640 versus Hcock's West Virginia, and is West Virginia versus BPJ. 0:12:33.640 --> 0:12:36.080 They are basically dealing with the same fat pattern, which 0:12:36.120 --> 0:12:39.400 is whether or not a statute a law in Idaho 0:12:39.600 --> 0:12:44.120 or West Virginia that bans that bans biological males from 0:12:44.200 --> 0:12:47.920 competing against biological females when it comes to high school 0:12:47.920 --> 0:12:52.880 athletic competition, Whether or not these laws are constitutionally principal, 0:12:53.040 --> 0:12:56.439 perhaps if there's a fourteen mement angle, or perhaps whether 0:12:56.520 --> 0:13:00.160 they run a foul of Title nine. Title nine being 0:13:00.280 --> 0:13:02.600 the amendments to the Civil Rights Act, which was passed 0:13:02.880 --> 0:13:06.320 in nineteen seventy two that prohibits set discrimination in all 0:13:06.440 --> 0:13:10.760 educational programs and for all those universities institutions that receive 0:13:11.000 --> 0:13:14.720 federal funding. More generally. So, as I mentioned, I watched 0:13:14.760 --> 0:13:16.960 and listen to a lot of this or argument this morning. 0:13:17.080 --> 0:13:19.920 The first thing that ought to be said is there 0:13:19.920 --> 0:13:23.760 actually was a lot of jarring language from some of 0:13:23.800 --> 0:13:26.800 the right of center justices. You know, those of you 0:13:26.880 --> 0:13:28.880 who've known me for a long time, who are not 0:13:28.960 --> 0:13:31.280 silly new to the show, you know that one of 0:13:31.320 --> 0:13:35.520 my longest pet peeves I've mean being this drum basically 0:13:35.520 --> 0:13:40.200 my entire adult life, is the utter and complete debacle 0:13:40.480 --> 0:13:45.160 the failure of Republican judicial nominations. Why in the world 0:13:45.559 --> 0:13:48.960 can Republican presidents just not get their judges right? To 0:13:49.000 --> 0:13:52.720 be clear, they do sometimes. Most of the Trump Lower 0:13:52.760 --> 0:13:55.520 court judital picks, for the most part, are really good. 0:13:55.760 --> 0:13:58.280 I know that firsthand. I actually clerked for one. I 0:13:58.320 --> 0:14:00.200 was one of the very first four law clerks for 0:14:00.240 --> 0:14:02.600 the Honorable James C. Hoe of the US corp Appeals 0:14:02.640 --> 0:14:06.160 for the Fifth Circuit back in twenty eighteen. Judge Hoe 0:14:06.240 --> 0:14:08.520 is a phenomenal jurist, and god willing will be our 0:14:08.520 --> 0:14:12.400 next Supreme Court justice. But all three of Donald Trump's 0:14:12.440 --> 0:14:17.080 first term Supreme Court nominees performed, shall we say, in 0:14:17.200 --> 0:14:21.400 less than stellar fashion at the oral argument earlier today, 0:14:21.480 --> 0:14:25.440 you had both Bret Cavanaugh, both Brett Cavanaugh and Amy 0:14:25.440 --> 0:14:29.920 Coney Barrett, literally both of them who at times referred 0:14:29.920 --> 0:14:34.120 to boys who subjectively identify as girls as so called 0:14:34.160 --> 0:14:38.080 trans girls. Yes, Amy Coney Barrett, the one who's basically 0:14:38.120 --> 0:14:41.280 on the Supreme Court, because Dianne Feinstein, the late Diane Finestelin, 0:14:41.680 --> 0:14:44.000 said that the dogmall lives likely within you. Ye, Amy 0:14:44.000 --> 0:14:47.000 Cony Barrett couldn't even bring herself to describe biological males 0:14:47.000 --> 0:14:51.560 as biological males. Brek Kavanaugh, for Wordsworth did essentially the 0:14:51.600 --> 0:14:55.520 same thing. Neil Gorsich for Wordsworth. Gorsich is a particularly 0:14:56.120 --> 0:15:01.880 frustrating one. So Neil Gorsich asked about whether a prohibition 0:15:02.480 --> 0:15:09.440 on on cross sex dressing would amount to discrimination kind 0:15:09.480 --> 0:15:13.120 of this notion that transgenderism can entail subjective notions such 0:15:13.160 --> 0:15:16.320 as changing the clothes that you wear there and he 0:15:16.360 --> 0:15:20.520 actually even asked some of the lawyers for the transgender 0:15:20.560 --> 0:15:24.360 athletes why they were not trying to press the issue 0:15:24.360 --> 0:15:27.720 as to whether transgender's constitutes what in constitutional law are 0:15:27.800 --> 0:15:31.840 known as discrete and insular minorities, which is really kind 0:15:31.880 --> 0:15:35.600 of legalize language. Goes back to a nineteen thirties opinion 0:15:35.680 --> 0:15:38.800 from the New Deal called Caroline Products. An infamous footnote 0:15:38.800 --> 0:15:41.240 in that case called footnote for basically it's not worth 0:15:41.280 --> 0:15:43.960 explaining the details. Basically what this means is gorse is 0:15:43.960 --> 0:15:47.200 trying to tee up for the transgender plaintiff layers a 0:15:47.280 --> 0:15:50.400 possible way of trying to litigate this case in a 0:15:50.400 --> 0:15:52.960 way that it would be seen as complete and utter 0:15:53.200 --> 0:15:57.160 abominable discrimination. Gorstich is the justice who in twenty twenty 0:15:57.440 --> 0:16:01.080 also gave us a case called Bostak was a case 0:16:01.200 --> 0:16:04.960 not on Title nine but on Title seven, which involves 0:16:05.280 --> 0:16:09.000 employment decisions whether you can, for instance, hire or fire 0:16:09.200 --> 0:16:12.080 on the basis of sex. And in the Bostock case, 0:16:12.120 --> 0:16:14.240 the court held six to three where you had John 0:16:14.320 --> 0:16:17.280 Roberts annual, Gorstitch joined the liberals Gorsi's rule for the court. 0:16:17.280 --> 0:16:21.120 At that time, Gorsich held that discrimination on the base 0:16:21.160 --> 0:16:23.360 of sex essentially amounts to discrimination on the basis of 0:16:23.360 --> 0:16:30.040 sex orientation and gender identity. And right now Gorsich today 0:16:30.160 --> 0:16:32.960 seemed to be again advanced the argument that transgenderism should 0:16:33.000 --> 0:16:36.000 be seen as a protected class. And my reading the 0:16:36.000 --> 0:16:38.640 tea les is that Grosich could potentially be a vote 0:16:38.680 --> 0:16:42.440 here to extend his same logic and rationale in the 0:16:42.480 --> 0:16:45.160 Bostock case. That's a Title seven case to now this 0:16:45.280 --> 0:16:48.600 Title nine case when it comes to these two transgender 0:16:48.600 --> 0:16:51.200 at the cases. For what it's worth, John Roberts, who 0:16:51.240 --> 0:16:53.200 is as squishy as of all of the Republican nomination 0:16:53.560 --> 0:16:56.240 jurors on the court there, John Roberts actually came across 0:16:56.520 --> 0:17:00.400 probably as the most sober of all the centrists, which 0:17:00.520 --> 0:17:03.360 is not necessarily the most encouraging thing. Having said that, 0:17:03.720 --> 0:17:08.800 not trying to overly blackpill you guys, I still, despite that, 0:17:09.359 --> 0:17:12.920 find it really really hard to believe that Idaho and 0:17:12.960 --> 0:17:16.800 West Virginia and also the DOJ. The DOJ swooped in 0:17:16.880 --> 0:17:20.280 here as an intervener, they had an oral advocate at 0:17:20.320 --> 0:17:22.600 the courts as well, argue in defense of the Idaho 0:17:22.560 --> 0:17:25.800 and West Virginia laws, or arguing defense of biological reality, 0:17:25.840 --> 0:17:29.560 or arguing defense of sexual dimorphism, arguing defense of the 0:17:29.600 --> 0:17:33.920 integrity of biological females not be subjected to athletic competition 0:17:33.960 --> 0:17:37.840 for biological males. So I have to think that there 0:17:37.960 --> 0:17:42.200 is enough that there is enough ammunition even if someone 0:17:42.200 --> 0:17:44.960 like Neil Gorstich were to go wildly. Admittedly, though, you're 0:17:44.960 --> 0:17:47.440 starting to play with fire, because if Gorstich does indeed 0:17:47.520 --> 0:17:51.040 vote to extend his principle from Bostock, and he tries 0:17:51.080 --> 0:17:54.040 to conceive of transgenderism as a so called protective class, 0:17:54.320 --> 0:17:56.720 and he ends up holding on these laws are illegal 0:17:56.800 --> 0:18:00.359 under Title nine, then you're down to a one vote margin. 0:18:00.400 --> 0:18:03.280 You can't afford to lose capital Roberts or Barrett's. So 0:18:04.040 --> 0:18:06.960 it's just so frustrating. I mean, this is such an 0:18:07.000 --> 0:18:11.040 easy case. This is so easy, or at least it 0:18:11.080 --> 0:18:13.560 should be. You know, for all the legal leads we're 0:18:13.600 --> 0:18:15.840 talking here about carolling products footnote four, We're talking about 0:18:15.880 --> 0:18:20.440 discreet insummonorities, intermediate scrutiny, strict scrutiny, all these tears of scrutiny, 0:18:20.440 --> 0:18:22.720 which by the way, are all made up. How about 0:18:22.760 --> 0:18:25.520 he cut to the chase. How about the law just 0:18:25.640 --> 0:18:29.800 reflect the truth? Is that not The purpose of law 0:18:29.840 --> 0:18:32.760 in the first place is to be a reflection of 0:18:32.800 --> 0:18:38.879 the truth, to be a reflection of God's plan for mankind, 0:18:39.200 --> 0:18:43.840 of human anthropology, of human teleology. What we are here 0:18:43.920 --> 0:18:47.160 to do? What is our purpose? The law should express this, 0:18:48.080 --> 0:18:50.240 and when it doesn't, that's how you know that a 0:18:50.320 --> 0:18:53.560 law is flawed or is unjust, and when there is 0:18:53.560 --> 0:18:55.679 an ambiguous statue, not that any of these statues are 0:18:55.680 --> 0:19:01.439 ambiguous is incumbent upon judges in this case us to 0:19:01.680 --> 0:19:05.639 read these statutes when in doubt. When an ambiguous cases, 0:19:05.640 --> 0:19:08.439 which again this is not, but you should read it 0:19:08.480 --> 0:19:12.440 to err on the side of things like biological truth 0:19:12.960 --> 0:19:17.120 and moral truth, substantive justice, things like this. I didn't 0:19:17.160 --> 0:19:19.560 hear a lot of that, frankly at the oral argument 0:19:19.600 --> 0:19:23.000 at the court earlier today. If this does go the 0:19:23.040 --> 0:19:25.679 wrong way, if Idah, how West Virginia lose this, and 0:19:25.760 --> 0:19:30.400 if the court says that biological males can compete against 0:19:30.440 --> 0:19:34.280 biological females, that is something of a yet another five 0:19:34.320 --> 0:19:39.320 alarm fire for the conservative legal movement. If God forbid, 0:19:39.320 --> 0:19:42.440 two of the three of Kavanaugh Baron Gorsis go the 0:19:42.480 --> 0:19:45.200 wrong way, that is a really, really, really big deal. Again, 0:19:45.240 --> 0:19:47.359 if I had to make a guess, it really seems 0:19:47.400 --> 0:19:50.359 like Gorsis could go the wrong way. I still think 0:19:51.359 --> 0:19:53.639 that you look in a five to four victory for 0:19:53.760 --> 0:19:57.080 Idaho and West Virginia, but it really really really should 0:19:57.119 --> 0:20:01.159 not be this close, really really really should not be 0:20:01.200 --> 0:20:06.359 this close at all because when a legal regime is 0:20:06.400 --> 0:20:10.440 not ultimately tethered to the truth, is appropriate to start 0:20:10.520 --> 0:20:13.840 questioning the legitimacy of that regime in the first place. 0:20:14.760 --> 0:20:17.359 And it's not just that Bostock is the only recent 0:20:17.400 --> 0:20:19.960 pressant for this. Yes, Gorstitz wobbled and boss Stock and 0:20:20.320 --> 0:20:22.240 Roberts actually, for what it's worth, also had the wrong 0:20:22.280 --> 0:20:25.040 opinion in this Title seven case. But just last year 0:20:25.080 --> 0:20:26.960 it was actually even more recent present. It was a 0:20:26.960 --> 0:20:30.000 case at a Tennessee called Scrimetti. In the Scrimmetti case 0:20:30.040 --> 0:20:33.480 out of Tennessee, the court said that is well within 0:20:33.520 --> 0:20:37.359 the police powers of the states in this case Tennessee 0:20:37.400 --> 0:20:41.520 the volunteer state to severely ban or outright proscribe the 0:20:41.600 --> 0:20:47.040 use of hormones, of chemical castrain drugs, general mutilation, all 0:20:47.080 --> 0:20:51.200 this stuff when it comes to so called transgender adolescents prepubessence. 0:20:51.600 --> 0:20:53.880 That was a sixth three decision that the more recent 0:20:53.880 --> 0:20:57.880 case in the Bostock case, that should hold. That absolutely 0:20:57.920 --> 0:21:01.400 should hold. But the fundamental point is this against about 0:21:01.400 --> 0:21:05.600 the truth. What is transgenderism. Transgenderism is a lie, of course, 0:21:05.720 --> 0:21:08.320 gender dyspory is not a lie. It's a mental condition. 0:21:09.000 --> 0:21:13.200 But the notion of a distinct class of transgenderism doesn't 0:21:13.200 --> 0:21:15.680 make any more sense than a distinct class of drug 0:21:15.680 --> 0:21:20.000 addicts or alcoholics. We should have immense compassion, but in 0:21:20.040 --> 0:21:24.200 no way whatsoever should the law, ever, ever, ever deviate 0:21:24.359 --> 0:21:27.639 from the truth in order to accommodate what is in 0:21:27.680 --> 0:21:31.000 this case a mental illness. God willing, Idaho and West 0:21:31.040 --> 0:21:37.800 Virginia will prevail. We'll be right back. We're also still 0:21:37.840 --> 0:21:43.639 tracking the ice situation in Minneapolis. It's pretty good for 0:21:43.680 --> 0:21:47.320 the most part. Notably my article three project. Colleague Will Chamberlain, 0:21:47.520 --> 0:21:52.119 in an excellent incisive post yesterday, noted how this is 0:21:52.160 --> 0:21:55.480 looking at a lot different than the summer of twenty twenty. 0:21:56.119 --> 0:22:01.119 Right now, you see a generally emboldened US law enforcement presidents. 0:22:01.119 --> 0:22:03.040 When it comes to ice, when it comes to DHS, 0:22:03.080 --> 0:22:05.480 when it comes to National Guard, but even when it 0:22:05.480 --> 0:22:09.280 comes to the local police that are choosing to work 0:22:09.280 --> 0:22:12.359 with defence, they're generally doing a pretty good job of 0:22:12.480 --> 0:22:16.960 tamping down and putting down the incipient mayhem they are 0:22:16.960 --> 0:22:20.920 in Minneapolis, but more generally speaking, getting us outside of 0:22:20.960 --> 0:22:26.119 the Minneapolis Renee Good ice situation, there continues to be 0:22:26.200 --> 0:22:30.359 a concerted effort on the left to paint illegal aliens 0:22:30.720 --> 0:22:33.080 as the victims of unjust laws. We were talking before 0:22:33.080 --> 0:22:36.040 the break about these transgend or athlete cases and the 0:22:36.080 --> 0:22:37.840 notion of trying to make sure that your law is 0:22:37.920 --> 0:22:42.320 tethered to truth and to reality. Well, folks, one of 0:22:42.359 --> 0:22:47.320 the most real and truthful things we can ever say 0:22:47.359 --> 0:22:51.120 about the law is that the law exists for a 0:22:51.160 --> 0:22:56.320 particular nation state. There's also this thing as global law, 0:22:56.680 --> 0:23:00.600 other than the law of God, God all My to himself, 0:23:01.240 --> 0:23:04.360 the Bibles close as we come to global law. Other 0:23:04.359 --> 0:23:07.359 than that, the entire notion of a body of law 0:23:08.359 --> 0:23:11.200 is implicitly dependent on there being an entity for whom 0:23:11.240 --> 0:23:15.400 that law combined. That means the nation state. And if 0:23:15.400 --> 0:23:19.239 you have a nation state, that means you have borders. Now, 0:23:19.240 --> 0:23:22.240