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Speaker 1: Good morning, Michael and Dragon.

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Speaker 2: Really wondering this morning, where are the likes of Greta Thunberg, Thurnburg,

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Speaker 2: whatever her name is, to Mark Ruffalo, the free quote

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Speaker 2: unquote Palestine protesters, all these feminists, where's the outrage?

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Speaker 1: Where are they?

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Speaker 2: It's oddly silent when it comes to Iran, and this

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Speaker 2: fanned outrage is getting ridiculous. I'm over it.

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Speaker 1: These folks are morons.

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Speaker 3: How dare you? Took you while? Took you a while

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Speaker 3: to get there, But.

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Speaker 4: Well, welcome to the rubber room where we all can

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Speaker 4: just scream and scream into the wind and fizzing to

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Speaker 4: the wind. So this morning the United States Supreme Court

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Speaker 4: started hearing two cases Little versus Peacocks, that's the Idaho case,

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Speaker 4: and a case called West Virginia versus BPJ. They started

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Speaker 4: oral arguments about, Oh, let's see what time was I

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Speaker 4: driving in? It was probably about eight o'clock this morning. Men, No,

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Speaker 4: it must have been later than that, because it was

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Speaker 4: probably seven forty five or so when I started heading in,

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Speaker 4: so ninety five. They started or arguments maybe at nine

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Speaker 4: thirty late. Anyway, they started oral arguments this morning, and

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Speaker 4: as I listened to it, I decided this is probably

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Speaker 4: a case that I need to explain what's going on

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Speaker 4: because it it's a great example of the clash between

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Speaker 4: what we've come to accept, not that we accept their

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Speaker 4: their premise, or that we accept what they want to accomplish,

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Speaker 4: but we just kind of accepted that there are no

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Speaker 4: longer any guardrails whilsoever in American society when it comes

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Speaker 4: to even simple things that we thought had been settled

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Speaker 4: for decades, like through Title nine, that women are entitled

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Speaker 4: to you know, equal and comparative equally comparative sports. So

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Speaker 4: if you're going to have a you know, a men's

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Speaker 4: football team, you know, an NCAA football team, then you

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Speaker 4: got to have, you know, something that corresponds for women

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Speaker 4: so that women can compete. I happen to believe, and

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Speaker 4: based on scientific evidence, and based on my probably B

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Speaker 4: minus in biology, that there is a basic biological difference

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Speaker 4: between male and female. God made males and he made females.

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Speaker 4: He made us different, and we're different in many many ways. Yes,

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Speaker 4: we're we're all human beings. We have essentially the same

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Speaker 4: body parts, although in some places a difference, you know,

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Speaker 4: I would say somewhat significantly, and there's a reason why

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Speaker 4: it differs significantly.

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Speaker 3: And if you I'm not.

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Speaker 4: Sure dragging if we talked about transgenderism since we moved

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Speaker 4: over here to the big blowtorch. I don't believe we

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Speaker 4: haven't spent much time. We have spent a lot of

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Speaker 4: time on it. Here is here's my kind of tld R.

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Speaker 4: But I do want you to continue to listen. I

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Speaker 4: don't care how much remodeling you do. I don't care

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Speaker 4: how much how many plumbers i e. Surgeons you hire,

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Speaker 4: and how much they whack things off or try to

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Speaker 4: rebuild things or do something whatever. I don't care how

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Speaker 4: many hormone blockers or puberty blockers or hormones themselves you take.

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Speaker 4: I don't care what you do. You cannot fundamentally change

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Speaker 4: your sex your gender. There are two genders, male and female.

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Speaker 4: Now there's all sorts of other kind of and I

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Speaker 4: don't even want to call them fetishes. I don't They

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Speaker 4: are just different mindsets. There are and and and do

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Speaker 4: not confuse uh, gay, straight, bisexual, or you know, indifferent

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Speaker 4: and ambiguous. Don't confuse sexual preferences with transgenderism, two entirely

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Speaker 4: different things. But go back to the basic premise male

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Speaker 4: and female, and you cannot no matter what you do surgically,

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Speaker 4: no matter what you do in terms of what you

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Speaker 4: you know inject into your body, you cannot change the

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Speaker 4: basic fundamentals that you're either a male or you're a female.

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Speaker 4: Now you may be walking around as a male without

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Speaker 4: a penis, but that doesn't change what you fundamentally are.

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Speaker 4: You can castrate yourself, you can do whatever. Females they

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Speaker 4: can have double mess stectomies, they can they can take

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Speaker 4: certain parts of the vagina and try to reconstruct that.

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Speaker 3: To recreate what they think is a penis. But it

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Speaker 3: is not.

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Speaker 4: It just simply is not. And if that kind of

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Speaker 4: medical terminology is like too early in the morning for you,

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Speaker 4: well welcome to the real world, because that's what the

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Speaker 4: United States Supreme Court, in an offhanded way, is dealing

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Speaker 4: with this morning, these two cases. And the basic question

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Speaker 4: is simply this is this, whether states may restrict girls

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Speaker 4: and women's female their teams.

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Speaker 3: Can you restrict those teams.

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Speaker 4: Those sports teams to biological females under Title nine and

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Speaker 4: the Constitution's Equal Protection Clause, or whether states that restrict

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Speaker 4: girls and women's teams to biological females relying on Title

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Speaker 4: nine and the Equal Protection Clause, does that unlawfully discriminate

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Speaker 4: against transgender girls? Now, let's define what because saying transgender girls.

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Speaker 4: If you're not you know, well versed in the language

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Speaker 4: of transgenderism, you may think that a transgender girl is

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Speaker 4: a girl. No, a transgender girl, that is someone who

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Speaker 4: is trying to trans their gender to a female, which

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Speaker 4: means it's a male, it's a man trying to become

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Speaker 4: a female. Transgender women, transgender girls. Now, the Court's ruling,

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Speaker 4: which I don't expect will come down until sometime this

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Speaker 4: summer June, probably at the earliest, I think, could effectively

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Speaker 4: set the national rules of the road for all the

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Speaker 4: transgender participation in scholastic women's sports in There are either

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Speaker 4: twenty seven or twenty nine states. I'm not quite sure

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Speaker 4: which I it's one of the other twenty seven or

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Speaker 4: twenty nine states that have enacted these kinds of bands

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Speaker 4: that say transgender women men cannot compete in girls' sports.

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Speaker 4: Both cases center on state laws that are enacted after

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Speaker 4: this post twenty twenty wave of save women's sports legislation

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Speaker 4: that was going on all around the country just five

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Speaker 4: years ago. It takes five years gets to the US

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Speaker 4: Supreme Court Idaho. In twenty twenty, they pass something called

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Speaker 4: the Fairness in Women's Sports Act. It bars it bans

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Speaker 4: transgender women and girls from commute. Again, transgender women and girls,

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Speaker 4: remember are men. So what I really should say is

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Speaker 4: that bans those men who think they are women. Are

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Speaker 4: one of you women from competing on female teams in

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Speaker 4: public schools and colleges. The teams in Idaho are designated

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Speaker 4: as male female or you can't have a co ed

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Speaker 4: based on and everything's based on your biological sex. The

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Speaker 4: Idaho law requires a sex verification mechanism. If an athlete

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Speaker 4: sex is disputed, then that person can be required to

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Speaker 4: undergo medical testing. They'll tests genetics, hormone exams, trying to

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Speaker 4: prove whether or not you are female. It's almost like

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Speaker 4: trying to prove a negative. You're trying to prove something

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Speaker 4: that you're not. The legislature justified it, and this is

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Speaker 4: something that the Court will look at the legislative history.

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Speaker 4: The court tried to justify it, or the legislature tried

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Speaker 4: to justify it based on fairness and safety grounds, because

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Speaker 4: they cited the well documented physiological advantages that males have

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Speaker 4: in speed, strength, and endurance. So that's Idaho in a nutshell.

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Speaker 4: Then there's the West Virginia case. They passed legislation called

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Speaker 4: Save Women's Sports Act. They did it a year later

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Speaker 4: in twenty twenty one. It requires school sports teams at

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Speaker 4: the middle school, high school, and the collegiate levels be

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Speaker 4: separated by biological sex. And they define biological sex as

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Speaker 4: sex assigned at birth. And it bars transgender girls and women,

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Speaker 4: So those are men trying to become girls or women

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Speaker 4: from girls and women's teams. It applies statewide, but in practice,

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Speaker 4: and this is a really right now, this is only

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Speaker 4: a distinction important to the court's purposes. It's not important

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Speaker 4: for purposes of our discussion. The federal litigation is focused

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Speaker 4: on a single student, Becky Pepper Jackson. She is a

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Speaker 4: transgender girl distance runner. Let's go back to Idaho. The

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Speaker 4: plain of that case is Lindsay Heacox, she's a trans heat.

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Speaker 3: See.

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Speaker 4: This is what drives me crazy because if I say

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Speaker 4: she is a transgender woman, I will get text messages,

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Speaker 4: Oh you're falling for the language. You're falling prey to that.

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Speaker 4: If I say he a transgender woman, then people who

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Speaker 4: are not astute in the language in the vernacular will

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Speaker 4: be all confused, like, who are you talking about so pronouns?

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Speaker 3: Oh my god, you know not again, not to give away,

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Speaker 3: what are you shaking your head about. I'm glad that's

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Speaker 3: you in there, not me.

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Speaker 4: If if you haven't seen the most recent episode of

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Speaker 4: land Man, you've got to see Sunday's episode of land

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Speaker 4: Man because the daughter, the ditzy daughter, goes to Texas

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Speaker 4: Christian University in Fort Worth to go to a cheerleading

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Speaker 4: camp and she checks into her room and there is

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Speaker 4: a well, I'm not really sure what she is. To

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Speaker 4: be quite honest, I don't think she's transgender. Left it's

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Speaker 4: left to your imagination. Is this a guy trying to

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Speaker 4: be a woman or is this a really butch woman

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Speaker 4: trying to be just you know whatever. But she tries

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Speaker 4: to explain to the doctor to Billy Bob Thorton's daughter

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Speaker 4: that her pronouns are they in them? And of course

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Speaker 4: her response is, you know, I never understood that because

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Speaker 4: I'm looking at you and there's just one of you.

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Speaker 4: So where's this day in them? Where are the they

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Speaker 4: of them? I can't find the day in the them?

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Speaker 4: So let me just let me try to keep it

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Speaker 4: as sterile as I can. In terms of the description

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Speaker 4: the person involved in the Idaho case, the plane of

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Speaker 4: fair is Lindsay, heacocks a transgender woman and.

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Speaker 3: A Boise Say university student.

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Speaker 4: That individuals, I'll just try to avoid pronouns altogether. That

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Speaker 4: individual is trying to compete on the women's cross country

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Speaker 4: and track teams after transitioning and starting hormone therapy. Well okay, well, congratulations,

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Speaker 4: you started transitioning and you started hormone therapy, but you're

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Speaker 4: still a male.

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Speaker 3: Now.

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Speaker 4: This individual alleges that the Act denies equal participation in

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Speaker 4: women's sports despite testosterone suppression, that in this individual's view,

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Speaker 4: eliminates any meaningful competitive advantage. Oh it doesn't. It doesn't

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Speaker 4: change the competitive advantage that this individual. So I started

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Speaker 4: to say she that he has as a male trying

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Speaker 4: to transition to a female. It may weaken muscle, it

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Speaker 4: may strengthen muscle.

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Speaker 3: I really don't know what I should ask some of

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Speaker 3: my doctors about this.

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Speaker 4: I don't know what the effect of of you know,

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Speaker 4: high doses of you know, whether it's four units or

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Speaker 4: three and a half units, whatever it is of testolone

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Speaker 4: injections once or twice a week. It's going to have

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Speaker 4: on a on a male body that is trying to

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Speaker 4: because because I take I do test you know, I

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Speaker 4: endorse Rocky Mountain Men's Planning, and I do testosterone injections

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Speaker 4: twice a week. I do somewhere between three and a

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Speaker 4: half four units. I don't exactly how many milligrams it is,

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Speaker 4: but that's that's what I inject into a little fatty

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Speaker 4: tissue in my belly right there. Do it twice a week,

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Speaker 4: and it not only makes me feel better, gives me

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Speaker 4: more energy, but it helps maintain my muscle mass, does

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Speaker 4: all of that. So I don't quite get all the

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Speaker 4: set the testosterone suppression stuff. Of course, I guess if

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Speaker 4: you eliminate you know, where testosterone is produced, then you

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Speaker 4: might have a problem. The defendants include, obviously the governor,

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Speaker 4: various state and local officials. It also includes two cis

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Speaker 4: gender college athletes. So those are two female athletes that

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Speaker 4: intervened to defend the law now down the District court

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Speaker 4: in Idaho. They preliminarily enjoined enforcement of the act against

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Speaker 4: this individual, holding that the law likely violates the equal

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Speaker 4: Protection Clause and Title nine because this lower court believed

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Speaker 4: that it singled out transgender women meaning men, and excluded

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Speaker 4: them from women's sports. The Title nine was and has

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Speaker 4: been was initially adopted so that we would have equal protection,

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Speaker 4: so that women would have an equal opportunity to engage

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Speaker 4: in sports activities at the collegiate and obviously at the

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Speaker 4: in the secondary level. And that's past constitutional muster a

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Speaker 4: bazillion times. Now the Ninth Circuit, the most liberal circuit

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Speaker 4: in the country, based in San Francisco. Ninth Circuit panel

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Speaker 4: meaning more than one judge, though probably at least three

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Speaker 4: judges could have been more. They largely agreed that the

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Speaker 4: law discriminates based on transgender status and that that violates

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Speaker 4: the equal protection clause of the Constitution. They tried to

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Speaker 4: emphasize the categorical nature of the ban and its impact

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Speaker 4: on athletes who have suppressed testosterone and who did not

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Speaker 4: experience male puberty.

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Speaker 3: As if that changed anything.

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Speaker 4: I obviously disagree with the Ninth Circuit, So I had

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Speaker 4: a whole petition for search of the Spring Court, which

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Speaker 4: was granted, and it was consolidated with this case from

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Speaker 4: West Virginia, and that's what's now being heard as we speak.

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Speaker 4: Let's go to West Virginia. The plane affair is BPJ.

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Speaker 4: She's a transgender girl, which means a man trying to

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Speaker 4: become a girl who began socially transitioning in elementary schools.

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Speaker 4: He's taken puberty blocking or this individual has taken puberty

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Speaker 4: blocking medication and estrogen trying to prevent and I don't

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Speaker 4: whether she was successful or he or whatever was successful,

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Speaker 4: but preventing typical male puberty. This individual runs cross country

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Speaker 4: in track. This individual's record in mets shows competitive, but

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Speaker 4: not dominant performance relative to his gender, meaning the actual

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Speaker 4: female competitors. Again, the defense is pretty much the same

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Speaker 4: thing West Virginia education authorities, the West Virginia Attorney General,

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Speaker 4: and they're defending the statute as necessary to protect his

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Speaker 4: gender girls opportunities and also to protect their safety. Now

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Speaker 4: in West Virginia, the lower court, the initial court, the

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Speaker 4: district court, initially allowed this individual to compete while the

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Speaker 4: litigation went forward, but ultimately ruled for the state of

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Speaker 4: West Virginia, concluding that the state long West Virginia permissively

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Speaker 4: separates teams based on biological sex and that does not

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Speaker 4: viy Late Title nine or the equal protection on the

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Speaker 4: facts as they're presented. The Fourth Circuit, which oversees West Virginia,

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Speaker 4: that court was divided, but they reversed. They reversed the

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Speaker 4: lower court. They held it applying the law to this

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Speaker 4: individual discriminates on the basis of sex, and that's in quotes,

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Speaker 4: on the basis of sex and transgender status. They throw

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Speaker 4: that into and they say that's contrary and violates Title

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Speaker 4: nine and and violates the equal protection clause of the

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Speaker 4: US Constitution. And the majority in the Fourth Circuit tried

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Speaker 4: to stress that because the medication prevented male puberty, West

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Speaker 4: Virginia then had an assumption of inherent male advantage that

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Speaker 4: did not fit her circumstances or that individual circumstances, and

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Speaker 4: effectively precluded that individual from any meaningful sports participation. I

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Speaker 4: get that. My argument is, you made your choice. You

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Speaker 4: made your choice, and so you have self precluded yourself

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Speaker 4: from involving yourself in female sports because yeah, you may

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Speaker 4: have avoided male puberty, but you're still a male now.

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Speaker 4: One judge dissented. I don't remember the judge's name, is

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Speaker 4: not important. He argued that allowing any transgender girl on

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Speaker 4: a girl's team undermines Title nine's purpose because it displaces

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Speaker 4: his gender.

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Speaker 3: Girls.

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Speaker 4: In other words, those typical females to have not anything

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Speaker 4: to you know, to pervert their bodies, to mutilate their bodies.

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Speaker 4: The men, regardless of whether a competitive advantage has proven

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Speaker 4: in particular case to him, is irrelevant.

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Speaker 3: Title nine is Title nine.

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Speaker 4: Now before the court actually heard the case, I just

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Speaker 4: want you to understand procedurally what happened, because it's somewhat important,

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Speaker 4: and I'll explain what that procedure was next.

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Speaker 1: Michael. The best way to get past this verbal gymnastics

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Speaker 1: is just refer to them as what they are, males

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Speaker 1: or cross dressing males, and it's clearly understood by all.

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Speaker 4: With all due respect, I actually disagree with you. I'm

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Speaker 4: not a cross dresser, and I don't think I know

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Speaker 4: any cross dressers. Looked up at Dragon, just to try

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Speaker 4: to make sure, because I don't really know.

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Speaker 3: I don't know. I can't see you in the skirt.

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Speaker 3: I just can't quite imagine it.

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Speaker 4: Kilts kilt, Yeah, I can see you in a kilt absolutely,

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Speaker 4: but I think there's a huge difference between.

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Speaker 3: I mean, cross dressing is is like.

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Speaker 4: A fetish, that's a sexual fetish that has to do

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Speaker 4: with sexual activity. This transgender ism really has nothing to

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Speaker 4: do with sexual preferences or sexual fetishes or anything else.

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Speaker 4: It is a mental illness, in my opinion, it's truly

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Speaker 4: a mental illness, and in fact, in the.

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Speaker 3: Well, I forget what it's called.

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Speaker 4: It's like the PDR, but it's of psychiatric disorders. It is,

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Speaker 4: it's it is a it's an illness. So I disagree

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Speaker 4: with the with the vernacular of it's just cross dressing.

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Speaker 4: It's it's a mail crossdresser. No, it's it's actually worse

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Speaker 4: than that. Not that I approve or disapprove. I'm I'm

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Speaker 4: ambivalent about cross dressing, but I just I don't have

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Speaker 4: a desire to go try it, and I'm not just

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Speaker 4: an interesting body that does it. But I think it

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Speaker 4: misses the entire point. So nice, try try again. Back

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Speaker 4: to the procedure. So, before the court heard the case,

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Speaker 4: West Virginia filed an emergency application with the court to

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Speaker 4: try to get them to grant an order to immediately

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Speaker 4: enforce the law against this individual while the litigation continued,

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Speaker 4: which would allow the individual to keep impeding under the

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Speaker 4: lower court injunction. In other words, the the state just

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Speaker 4: wanted to keep everything status quo. Well, I think that

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Speaker 4: shadow docket action may foreshadow the current merits review, but

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Speaker 4: it did not resolve the underlying legal questions. In other words,

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Speaker 4: it just it may have given a hint that we

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Speaker 4: don't necessarily see that this is creating any sort of

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Speaker 4: immediate harm that we have to immediately deal with. We'll

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Speaker 4: just deal with this through the normal procedure. So that

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Speaker 4: leads us to the questions. Like lawyers like to say,

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Speaker 4: what are the questions presented? Now, before I tell you

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Speaker 4: the questions presented, I just want you to think about

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Speaker 4: American society for a moment. Let's just step out out

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Speaker 4: of this legal framework and let's just think about the

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Speaker 4: perversion that this does to our society because the implications

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Speaker 4: go way beyond sports the workplace. It will affect the workplace,

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Speaker 4: it'll affect you know, everybody's I mean, there's the there's

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Speaker 4: the possibility. I'm not I'm sure this has happened, but

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Speaker 4: you know, with the way people engage trying to find

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Speaker 4: a partner or a date or anything else. You find

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Speaker 4: a profile on one of these dating apps and you

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Speaker 4: think it's a male or a female depending on what

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Speaker 4: you're looking for. And you show up and you find

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Speaker 4: out it's just the opposite, or it's something in between,

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Speaker 4: or it's not. You're not quite sure what it is.

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Speaker 4: And I'm not saying that you it justifies it. But

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Speaker 4: some men, some women may overreact or or underreact, or

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Speaker 4: react incorrectly or whatever, and somebody gets hurt.

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Speaker 3: Somebody gets hurt.

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Speaker 4: And it also creates in the minds of what I

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Speaker 4: consider to be normal, mentally stable individuals, particularly children, It

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Speaker 4: creates in their minds this idea that you may have

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Speaker 4: some gender dysphoria when you're six years old. Now parents

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Speaker 4: have this pressure that, oh my gosh, my little boy

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Speaker 4: was to play with the with the autistic Barbie doll. Okay, well,

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Speaker 4: maybe it's a phase. It doesn't mean you have to

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Speaker 4: suddenly prevent that little boy from going through puberty.

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Speaker 3: Maybe the little boy needs.

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Speaker 4: Some help, Maybe there's something going on within the family

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Speaker 4: unit that you know needs to be analyzed and helped.

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Speaker 4: It just crosses almost every aspect of our society. So

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Speaker 4: understanding that this is a social issue in a legal context,

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Speaker 4: what are the issues being raised here? It's pretty simple.

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Speaker 4: Two questions. Whether Title nine's ban. Now Title nine bans

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Speaker 4: discrimination on the basis of sex. Right, that's the baseline,

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Speaker 4: Title nine. You cannot discriminate in sports on the basis

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Speaker 4: of sex. Well, does that allow or prevent a state

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Speaker 4: from restricting girls and women's teams to biological females and

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Speaker 4: therefore exclude transgender females. I think Title nine's ban on

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Speaker 4: discrimination on the basis of sex is solid, well grounded

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Speaker 4: and based in good history, biology, science, and equal protection

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Speaker 4: because men and women are different, and no matter how

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Speaker 4: you try to alter that, you cannot alter that. You

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Speaker 4: can maybe on the margins here or there, But why

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Speaker 4: would we completely destroy women's sports. I'm always curious, jumping

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Speaker 4: back into the politicals for a moment, where's the national

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Speaker 4: organizational women? Where are these women rights groups? And why

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Speaker 4: is it now on a fault line of conservative versus liberal,

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Speaker 4: or Democrat versus Republican, or any of the kind of

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Speaker 4: binary choice that you want to make in terms of

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Speaker 4: our political active our political lives. If this is insane.

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Speaker 4: So that's the first question. Whether the Title nines ban

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Speaker 4: on discrimination on the basis of sex permits the state

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Speaker 4: to restrict girls and women's teams to biological females. Then

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Speaker 4: the second legal question is whether a categorical ban violates

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Speaker 4: the equal Protection clause because does it discriminate based on

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Speaker 4: sex and transgender status? And if it does, then that

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Speaker 4: raises all sorts of questions I don't necessarily want to

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Speaker 4: get into the details of, but what level of scrutiny?

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Speaker 4: Is it strict scrutiny? Is it some sort of modified scrutiny?

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Speaker 4: How would the courts? How would the Supreme Court tell

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Speaker 4: future courts that might face these kinds of cases. What

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Speaker 4: kind of scrutiny do you give these questions the I'm

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Speaker 4: I'm trying to decide whether, yeah, I want to do this.

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Speaker 4: I want to talk for just a moment about the

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Speaker 4: interpretation of Title nine. These states, these twenty seven, twenty eight,

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Speaker 4: twenty nine states argue that since Title nine was enacted

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Speaker 4: back in the early seventies nineteen seventy two, I think

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Speaker 4: it presupposes that sex segregated sports protect the athletic opportunities

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Speaker 4: for females, and that is an expressly permitted sex based

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Speaker 4: distinction in athletics because the binary gender of male versus

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Speaker 4: female is an immutable characteristic, So you're going to allow

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Speaker 4: that discrimination because otherwise we know historically that women were

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Speaker 4: precluded from engaging in sports because everybody was focusing like

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Speaker 4: men's football, men's basketball, and women were just kind of

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Speaker 4: pushed aside, and that was a reasonable discrimination, allowing discrimination

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Speaker 4: based upon sex, because we recognize back when we had

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Speaker 4: our sanity, there was a difference. Now, the States also

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Speaker 4: contend that the term sex in Title nine means biological

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Speaker 4: sex that's determined that birth, not what you identify as,

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Speaker 4: not this stupid phrase of gender identity, and that Congress

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Speaker 4: and not the courts should be the one or, I

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Speaker 4: should say, more broadly, legislators should decide if that definition

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Speaker 4: ever gets broadened. Now, just as a hint, I kind

401
00:26:36,280 --> 00:26:37,960
Speaker 4: of think that's where the majority of the Court's going

402
00:26:38,000 --> 00:26:40,120
Speaker 4: to come down. When it comes to I think they're

403
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Speaker 4: going to uphold Title nine and say that you can discriminate.

404
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Speaker 4: It'll be close five to four, maybe six to three,

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Speaker 4: I don't know, but I think when it comes to

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Speaker 4: equal protection, I think they're going to say that the

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00:26:52,840 --> 00:26:58,200
Speaker 4: legislatures of the states get to decide that. But that's

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Speaker 4: not a court's issue. That's the equal protection theory because

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Speaker 4: it maintains that how would.

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Speaker 3: I describe this.

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Speaker 4: Sex based classification in sports are substantially related to an

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00:27:12,600 --> 00:27:17,359
Speaker 4: important government interest, and that interest is simply this preserving

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Speaker 4: fairness and safety for female athletes, and that easily satisfies

414
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Speaker 4: what's called the intermediate scrutiny that the Court says that

415
00:27:25,960 --> 00:27:28,600
Speaker 4: you have to apply when you're looking at whether or

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00:27:28,640 --> 00:27:32,879
Speaker 4: not something violates the equal protection clause. I think the

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00:27:32,960 --> 00:27:36,080
Speaker 4: other part of the equal protection theory under the Constitution

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Speaker 4: is the emphasizing of the physiological differences average greater muscle

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Speaker 4: mass for men, lung capacity, higher bone density, greater strength

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Speaker 4: in males, and that persists even after hormone suppression. You know,

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Speaker 4: just as I said the phrase hormone suppression, I was

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00:27:59,080 --> 00:28:03,440
Speaker 4: thinking to myself, and that's not even considering how screwed

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Speaker 4: that they can make your brain too. So here's the

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Speaker 4: framing of the transgender status.

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Speaker 3: Argue.

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Speaker 4: The laws that are argue the laws draw lines based

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00:28:14,840 --> 00:28:20,320
Speaker 4: on sex, not transgender status, because every athlete's treated the same.

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Speaker 4: They're placed in an activity based on biological sex, and

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Speaker 4: if there's any disparate impact on a transgender male or

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Speaker 4: female for that matter, that's just incidental.

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Speaker 3: Particularly when you look at.

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Speaker 4: The percentages the vast majority are identified biologically as male

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Speaker 4: or female. It's a tiny, tiny minority that we've recognized

434
00:28:47,960 --> 00:28:51,560
Speaker 4: that based on just intermediate scrutiny, you don't have to

435
00:28:51,560 --> 00:28:56,720
Speaker 4: worry about the other framing of the transgender status warns

436
00:28:56,760 --> 00:29:00,960
Speaker 4: that if you accept the plaintive's theory these transgender individuals,

437
00:29:01,280 --> 00:29:05,760
Speaker 4: that would force the elimination of sex segregated sports, or

438
00:29:05,960 --> 00:29:10,640
Speaker 4: it at least require or mandate the inclusion of transgend

439
00:29:11,320 --> 00:29:16,160
Speaker 4: transgender women, in particular in girls categories nationwide. And what

440
00:29:16,160 --> 00:29:20,040
Speaker 4: would that do that has the effect of displacing cys

441
00:29:20,040 --> 00:29:23,719
Speaker 4: gender girls in scholarships and in rosters. What are coaches

442
00:29:23,760 --> 00:29:26,000
Speaker 4: going to do? What the hell do you think of

443
00:29:26,120 --> 00:29:29,880
Speaker 4: coach whose career I don't care whether it's college or

444
00:29:30,800 --> 00:29:34,680
Speaker 4: you know, even high school. Their careers depend on their

445
00:29:35,880 --> 00:29:40,000
Speaker 4: win loss record, and my career supposedly depends on a break.

446
00:29:40,400 --> 00:29:44,120
Speaker 4: Their careers depend upon a win loss record. So what

447
00:29:44,120 --> 00:29:45,640
Speaker 4: would a coach do that wants to make sure you

448
00:29:45,680 --> 00:29:50,440
Speaker 4: can win as much as possible recruit those transgender girls.

449
00:29:50,800 --> 00:29:55,160
Speaker 5: Cross dressing is not always about the fetish Look at

450
00:29:55,160 --> 00:29:59,600
Speaker 5: the characters played by Jamie Farr, Robin Williams, and Dustin

451
00:29:59,680 --> 00:30:04,280
Speaker 5: hoff Jimmie Farres's character, Corporal Klinger, wanted out of the

452
00:30:04,280 --> 00:30:10,160
Speaker 5: military and out of South Korea, Robin Williams, his character

453
00:30:10,200 --> 00:30:14,000
Speaker 5: wanted to see his kids, and Dustin Hoffman he just

454
00:30:14,080 --> 00:30:17,560
Speaker 5: wanted a job in acting, or at.

455
00:30:17,560 --> 00:30:22,160
Speaker 3: Least keep a job in acting. I stand correct.

456
00:30:22,280 --> 00:30:28,160
Speaker 4: Those are great examples of non fetish cross dressing. But

457
00:30:28,200 --> 00:30:33,000
Speaker 4: in the context of transgenderism, to say that we should

458
00:30:33,040 --> 00:30:37,520
Speaker 4: just use cross dressing as the vernacular, as the term,

459
00:30:37,800 --> 00:30:39,520
Speaker 4: as the term of art, I guess you would say

460
00:30:39,880 --> 00:30:43,360
Speaker 4: to describe, you know, male cross dressers. I think this

461
00:30:43,600 --> 00:30:46,160
Speaker 4: is the entire point. But you raise a great point,

462
00:30:46,280 --> 00:30:49,240
Speaker 4: and I love that, Jamie, Jamie Farr exactly. I just

463
00:30:49,440 --> 00:30:51,000
Speaker 4: I just want to get out of I want to

464
00:30:51,000 --> 00:30:52,880
Speaker 4: get out of this war, which, by the way, that

465
00:30:52,920 --> 00:30:55,240
Speaker 4: war still going on. Just be as you were wondering,

466
00:30:55,760 --> 00:30:59,600
Speaker 4: there's a great text message that I went to address

467
00:30:59,600 --> 00:31:03,000
Speaker 4: before we go any further. Seven seven zero two two

468
00:31:03,320 --> 00:31:06,720
Speaker 4: who almost said seven o two two seven zero two two, Rights,

469
00:31:06,880 --> 00:31:09,120
Speaker 4: don't give me that look. I'd like to know a

470
00:31:09,160 --> 00:31:11,400
Speaker 4: little bit about a little bit about what's the zaxt

471
00:31:11,440 --> 00:31:14,800
Speaker 4: line three three one zero three three three one oh

472
00:31:14,880 --> 00:31:17,520
Speaker 4: three And this comes from Guber number seven zero.

473
00:31:17,360 --> 00:31:18,680
Speaker 3: Two two seven oh two two.

474
00:31:19,000 --> 00:31:20,520
Speaker 4: Michael, I would like to know a little bit about

475
00:31:20,560 --> 00:31:22,800
Speaker 4: a little bit about the scotis the deliberation process. Do

476
00:31:22,880 --> 00:31:25,920
Speaker 4: they concus and chambers in private caucus according to political association,

477
00:31:26,200 --> 00:31:28,520
Speaker 4: which I did hope not, Or does each justice huddle

478
00:31:28,600 --> 00:31:31,520
Speaker 4: with his personal team prior to submitting their personal their

479
00:31:31,560 --> 00:31:35,320
Speaker 4: their personal opinion. That is a great question. After the

480
00:31:35,360 --> 00:31:37,640
Speaker 4: after the oral argument today, assuming they have no other

481
00:31:37,800 --> 00:31:40,840
Speaker 4: oral arguments today, they they move into what can only

482
00:31:40,880 --> 00:31:45,320
Speaker 4: be described as a really tight choreograph and and totally

483
00:31:45,360 --> 00:31:50,720
Speaker 4: internal process. They go to their main conference room, no clerks,

484
00:31:50,720 --> 00:31:54,720
Speaker 4: nobody else present. They confer in private and it's like

485
00:31:54,760 --> 00:31:59,000
Speaker 4: a jury almost, and they take a preliminary vote, and

486
00:31:59,040 --> 00:32:02,960
Speaker 4: they based on that leminary vote, then the Chief Justice

487
00:32:02,960 --> 00:32:06,480
Speaker 4: will assign an opinion to a justice in the majority

488
00:32:06,560 --> 00:32:09,480
Speaker 4: based on that vote, and then they start the whole

489
00:32:09,560 --> 00:32:14,320
Speaker 4: negotiations of going through all the draft opinions until there's

490
00:32:14,400 --> 00:32:17,960
Speaker 4: a final alignment and a set of writings is reached.

491
00:32:18,040 --> 00:32:21,320
Speaker 4: That's where the clerks come in. Once they make the

492
00:32:21,360 --> 00:32:25,840
Speaker 4: priminary vote, the chief Justice assigned someone to write the

493
00:32:25,880 --> 00:32:29,120
Speaker 4: majority opinion. I don't think they assign the minority opinion

494
00:32:29,120 --> 00:32:31,320
Speaker 4: at that point, because they all go back and they

495
00:32:31,360 --> 00:32:35,040
Speaker 4: just start writing, you know, pieces of an opinion, and

496
00:32:35,080 --> 00:32:38,440
Speaker 4: then they reconvene. And then once they go through all

497
00:32:38,480 --> 00:32:41,800
Speaker 4: those draft opinions, which they circulate among the clerks themselves

498
00:32:42,160 --> 00:32:45,640
Speaker 4: and then among the justices themselves, the vote at that

499
00:32:45,760 --> 00:32:50,360
Speaker 4: early conference isn't binding, and they can actually and they

500
00:32:50,400 --> 00:32:55,040
Speaker 4: have changed positions while the drafts are circulating and the

501
00:32:55,040 --> 00:32:59,120
Speaker 4: coalitions because they actually bargain. They bargain about the coalitions.

502
00:32:59,280 --> 00:33:01,640
Speaker 4: They bargain, Well, you know, I could go along with

503
00:33:01,680 --> 00:33:05,520
Speaker 4: your opinion, but I'm concerned about x y Z. Well

504
00:33:05,560 --> 00:33:08,080
Speaker 4: how about if I address x y Z this way?

505
00:33:08,480 --> 00:33:11,600
Speaker 4: And the clerks and the justices themselves will have those

506
00:33:11,680 --> 00:33:16,960
Speaker 4: kinds of conversations. They meet in a closed conference, no

507
00:33:17,040 --> 00:33:22,400
Speaker 4: clerks present, usually on I think it's usually like on Wednesdays, Thursdays, Fridays.

508
00:33:23,040 --> 00:33:27,160
Speaker 4: They discuss every case they've heard oral arguments about, and

509
00:33:27,200 --> 00:33:30,760
Speaker 4: they go in the order of seniority. Each justice says

510
00:33:30,800 --> 00:33:33,920
Speaker 4: how they would decide the case, and they briefly explain

511
00:33:34,000 --> 00:33:36,280
Speaker 4: their reasoning, and then at the end of that discussion

512
00:33:36,840 --> 00:33:40,600
Speaker 4: they take that preliminary vote that I described, that's called

513
00:33:40,600 --> 00:33:44,600
Speaker 4: the conference vote that identifies who the working majority and

514
00:33:44,600 --> 00:33:48,920
Speaker 4: who the working minorities are. But again that's tenety. It's

515
00:33:48,960 --> 00:33:53,560
Speaker 4: not irrevocable. That can change as they go through. Now,

516
00:33:53,600 --> 00:33:58,080
Speaker 4: once the priminary vote gets tallied, the justice and the majority,

517
00:33:58,120 --> 00:34:01,560
Speaker 4: who's the most senior ordinarily the if he's in the majority,

518
00:34:02,040 --> 00:34:05,400
Speaker 4: assigns the task of writing the court's majority opinion. Now,

519
00:34:05,440 --> 00:34:07,560
Speaker 4: if the Chief Justice happens to be in the dissent,

520
00:34:08,480 --> 00:34:12,799
Speaker 4: the most senior associate justice in the majority makes the assignment,

521
00:34:13,320 --> 00:34:16,960
Speaker 4: and that usually becomes the most senior justice in any

522
00:34:17,000 --> 00:34:21,719
Speaker 4: dissenting block who assigns the principal descent. And yes, they

523
00:34:21,719 --> 00:34:25,080
Speaker 4: can assign it to themselves, and the assigning justice can

524
00:34:25,400 --> 00:34:26,920
Speaker 4: keep it as I said, or they can give it

525
00:34:26,920 --> 00:34:31,000
Speaker 4: to a colleague, and they'll take into consideration the workload,

526
00:34:31,360 --> 00:34:35,680
Speaker 4: whether they have any particular subject matter expertise. And sometimes,

527
00:34:36,200 --> 00:34:39,000
Speaker 4: because this is and I'm gonna use the word politics

528
00:34:39,080 --> 00:34:42,920
Speaker 4: very loosely here, they may need to keep a fragile

529
00:34:43,080 --> 00:34:47,120
Speaker 4: majority together, so they'll look at who's most likely to

530
00:34:47,200 --> 00:34:53,000
Speaker 4: keep this majority together. And then, after after assigning, the

531
00:34:53,560 --> 00:34:57,880
Speaker 4: authoring justice works with that chamber's law clerks to research, outline,

532
00:34:57,960 --> 00:35:02,200
Speaker 4: draft the opinion. Only a few justices historically drafted first

533
00:35:02,280 --> 00:35:06,319
Speaker 4: versions entirely on their own. These clerks do the yeoman's work,

534
00:35:07,000 --> 00:35:09,920
Speaker 4: and same time, all the other justices and their clerks

535
00:35:10,160 --> 00:35:12,759
Speaker 4: they're analyzing the case, thinking about whether to join the

536
00:35:12,800 --> 00:35:16,719
Speaker 4: emerging majority, press for changes, you know, planet concurrence, maybe

537
00:35:16,719 --> 00:35:20,080
Speaker 4: a dissent, And while all that's being circulated to all

538
00:35:20,080 --> 00:35:23,880
Speaker 4: the chambers, they respond by joining. They might suggest changes,

539
00:35:24,200 --> 00:35:27,000
Speaker 4: they signal that hey, I'm going to write something entirely separate,

540
00:35:27,880 --> 00:35:31,520
Speaker 4: and then the process continues. They get through all these drafts,

541
00:35:32,000 --> 00:35:36,040
Speaker 4: and then the court, once finalized, they proof the final opinions,

542
00:35:36,440 --> 00:35:39,640
Speaker 4: and then they schedule a release and that's when the

543
00:35:39,680 --> 00:35:44,640
Speaker 4: Court announces the decision, and that takes months. That's why

544
00:35:44,680 --> 00:35:48,080
Speaker 4: I say this is January June at the earliest