1 00:00:00,600 --> 00:00:01,639 Speaker 1: Longtime listener here. 2 00:00:02,320 --> 00:00:04,800 Speaker 2: Somehow I missed what happened to Michael Brown? 3 00:00:04,800 --> 00:00:09,000 Speaker 1: Where did he go? Thank you very much? He disappeared, 4 00:00:10,440 --> 00:00:12,960 Speaker 1: he went, he went to the dark side. 5 00:00:13,520 --> 00:00:17,080 Speaker 3: In all fairness, I still have access to all every 6 00:00:17,120 --> 00:00:18,200 Speaker 3: station's talk back. 7 00:00:18,320 --> 00:00:20,160 Speaker 1: Oh so that is that's from over there. 8 00:00:20,239 --> 00:00:21,239 Speaker 4: That's from over there. 9 00:00:21,560 --> 00:00:24,439 Speaker 3: So I don't know if Ryan happened to have answered 10 00:00:24,440 --> 00:00:25,439 Speaker 3: it or even played it. 11 00:00:25,960 --> 00:00:27,960 Speaker 4: But Michael Brown's here. 12 00:00:28,000 --> 00:00:30,400 Speaker 5: Now, Well can you vamp for a while? Why go 13 00:00:30,440 --> 00:00:32,920 Speaker 5: over while Ryan's still Ryan's still in their for another 14 00:00:33,000 --> 00:00:35,760 Speaker 5: you know, fifty four minutes and have him tell the 15 00:00:35,800 --> 00:00:40,080 Speaker 5: audience like, oh listen, go over and listen to him 16 00:00:40,080 --> 00:00:40,520 Speaker 5: over here. 17 00:00:41,600 --> 00:00:42,880 Speaker 4: Yeah, I'm sure that'll work out. Well. 18 00:00:44,800 --> 00:00:47,360 Speaker 5: Well, I've got enough dirt on Ryan that I could 19 00:00:47,360 --> 00:00:50,240 Speaker 5: probably get him to do it. So how was your evening? 20 00:00:50,520 --> 00:00:52,879 Speaker 5: I want to know, you know, did you because I 21 00:00:52,920 --> 00:00:56,040 Speaker 5: don't think you had an afternoon in evening quite as 22 00:00:56,240 --> 00:00:57,480 Speaker 5: enthralling as what I did. 23 00:00:58,040 --> 00:01:02,720 Speaker 4: Uh it was it was fun? Yeah, nothing too. 24 00:01:03,000 --> 00:01:03,520 Speaker 1: Did you get the. 25 00:01:03,440 --> 00:01:06,360 Speaker 5: Whole situation with the theater and the football game worked out? 26 00:01:06,640 --> 00:01:06,920 Speaker 4: Yes? 27 00:01:07,040 --> 00:01:10,480 Speaker 3: And missus Radbard even you know, came to me and said, hey, 28 00:01:10,840 --> 00:01:12,520 Speaker 3: we need to reschedule. 29 00:01:12,000 --> 00:01:15,360 Speaker 5: This Oh, so you didn't have to make the first move, correct, Wow? 30 00:01:15,560 --> 00:01:16,640 Speaker 1: Wow, I was. 31 00:01:16,680 --> 00:01:19,800 Speaker 3: I was prepared to, but she was like, no, no, no, 32 00:01:19,959 --> 00:01:22,399 Speaker 3: because we had a theater performance that we're going to 33 00:01:22,400 --> 00:01:24,360 Speaker 3: go see. It started it too, and of course the 34 00:01:24,360 --> 00:01:27,479 Speaker 3: Broncos game starts at two thirty on Saturday, so we 35 00:01:28,080 --> 00:01:30,640 Speaker 3: couldn't do both. So she came to and said, hey, 36 00:01:30,840 --> 00:01:32,760 Speaker 3: we have to we have to fix this. 37 00:01:34,840 --> 00:01:37,160 Speaker 5: But she came to you after work, or she worked 38 00:01:37,160 --> 00:01:38,839 Speaker 5: at home yesterday. She actually got to the office. 39 00:01:39,040 --> 00:01:40,760 Speaker 4: She went to the office, but she did text me 40 00:01:40,800 --> 00:01:41,399 Speaker 4: because she had. 41 00:01:41,280 --> 00:01:45,920 Speaker 5: Heard so she texted you, right, So you, being the 42 00:01:46,160 --> 00:01:49,520 Speaker 5: WS that you are, wasn't going to say anything until 43 00:01:49,720 --> 00:01:50,800 Speaker 5: what she came home. 44 00:01:51,360 --> 00:01:54,240 Speaker 3: I mean it would yes, okay. 45 00:01:53,920 --> 00:01:55,080 Speaker 1: Thank you, That's all I needed to though. 46 00:01:55,240 --> 00:01:58,480 Speaker 4: We spit it out. 47 00:01:58,480 --> 00:02:00,440 Speaker 3: You hate big boys, spit it out me and the 48 00:02:00,480 --> 00:02:03,720 Speaker 3: other twelve people. You know, the goober's listening. We know 49 00:02:03,760 --> 00:02:07,120 Speaker 3: who the bosses in the relationships are. I mean, we 50 00:02:07,160 --> 00:02:09,000 Speaker 3: may make the decisions, but we wait for. 51 00:02:08,919 --> 00:02:11,360 Speaker 4: Them to tell us what the decision is, right exactly. 52 00:02:12,200 --> 00:02:14,760 Speaker 5: Well, I'm glad it worked out, you know, and that's 53 00:02:14,800 --> 00:02:15,639 Speaker 5: good news for you. 54 00:02:16,520 --> 00:02:18,800 Speaker 1: I spent my It was. 55 00:02:18,720 --> 00:02:24,160 Speaker 5: A three hour Supreme Court hearing oral argument yesterday about 56 00:02:24,160 --> 00:02:27,560 Speaker 5: Title nine, which I told you about what the issues were. 57 00:02:27,880 --> 00:02:31,200 Speaker 5: We walked through all of that, but then I couldn't resist. 58 00:02:31,320 --> 00:02:34,280 Speaker 5: I Now, it didn't take me three hours, obviously, and 59 00:02:34,320 --> 00:02:36,360 Speaker 5: I might have skimmed over a little bit because there 60 00:02:36,440 --> 00:02:39,520 Speaker 5: was there was a lot of dumbmassery in it. But 61 00:02:39,760 --> 00:02:45,360 Speaker 5: I read through a transcript of a three hour Title 62 00:02:45,440 --> 00:02:51,079 Speaker 5: nine argument that reveals just how far the law, and 63 00:02:51,160 --> 00:02:57,600 Speaker 5: for that matter, our culture, has diverted or escaped from 64 00:02:57,680 --> 00:03:03,920 Speaker 5: biological reality. This is you could title this as the 65 00:03:03,960 --> 00:03:08,560 Speaker 5: Supreme Court Title nine and questions that should not be asked, 66 00:03:09,160 --> 00:03:11,880 Speaker 5: or maybe should not need to be asked. 67 00:03:12,200 --> 00:03:14,040 Speaker 1: Or why would you ask that? 68 00:03:15,919 --> 00:03:19,920 Speaker 5: So I listened, I read, and I listened to those 69 00:03:20,080 --> 00:03:22,840 Speaker 5: three hours. I didn't spend three hours, but it was 70 00:03:22,880 --> 00:03:29,399 Speaker 5: a three hour hearing on a question that truthfully would 71 00:03:29,440 --> 00:03:33,440 Speaker 5: have seemed absurd when I was in law school, or 72 00:03:33,480 --> 00:03:37,440 Speaker 5: for that matter, when Title nine became law more than 73 00:03:37,520 --> 00:03:38,240 Speaker 5: fifty years ago. 74 00:03:38,400 --> 00:03:41,320 Speaker 1: So you can do the calculations the. 75 00:03:41,360 --> 00:03:44,960 Speaker 5: Question when you strip it of every euphemism, when you 76 00:03:45,000 --> 00:03:48,480 Speaker 5: strip it of everything other than just the raw question itself. 77 00:03:48,600 --> 00:03:54,200 Speaker 5: The question is this can a state government and by 78 00:03:54,240 --> 00:03:58,160 Speaker 5: state government. I mean, like Colorado, California in the case. 79 00:03:58,200 --> 00:04:01,400 Speaker 5: In these two cases it would have been Idaho and 80 00:04:01,520 --> 00:04:07,760 Speaker 5: West Virginia. Can a state preserve separate sport teams for 81 00:04:07,960 --> 00:04:13,560 Speaker 5: girls and women without violating the Constitution or federal civil 82 00:04:13,640 --> 00:04:19,599 Speaker 5: rights law? Now that this even needs to be answered, 83 00:04:20,800 --> 00:04:24,520 Speaker 5: I think tells us how far this nation, culturally, legally, 84 00:04:24,680 --> 00:04:29,080 Speaker 5: and intellectually we have drifted from the first principles that 85 00:04:29,120 --> 00:04:34,719 Speaker 5: founded this nation. Now, what was Title nine originally supposed 86 00:04:34,760 --> 00:04:38,960 Speaker 5: to do? Past the nineteen seventy two The whole purpose 87 00:04:39,000 --> 00:04:42,479 Speaker 5: of Title nine was to remedy a very simple and 88 00:04:42,560 --> 00:04:48,279 Speaker 5: an undeniable reality. Women had been systematically excluded from equal 89 00:04:48,320 --> 00:04:53,240 Speaker 5: opportunity and education because athletics were not and still aren't. 90 00:04:53,240 --> 00:04:58,599 Speaker 5: I think athletics and all the extracurricular activities anymore so 91 00:04:59,120 --> 00:05:01,800 Speaker 5: forgets that this is at the collegiate level or high 92 00:05:01,839 --> 00:05:07,640 Speaker 5: school level. I think that public education, government education. All 93 00:05:07,800 --> 00:05:12,400 Speaker 5: education is as much about learning how to socialize, how 94 00:05:12,440 --> 00:05:16,680 Speaker 5: to work as a team and individually both, how to 95 00:05:16,760 --> 00:05:19,520 Speaker 5: get along in society, how to deal with other fellow 96 00:05:19,600 --> 00:05:21,960 Speaker 5: human beings, some of whom are smarter than you, some 97 00:05:22,000 --> 00:05:24,280 Speaker 5: of whom are dumber than you, Some of whom are 98 00:05:24,360 --> 00:05:26,640 Speaker 5: wealthier than you, some of whom are poorer than you, 99 00:05:27,000 --> 00:05:29,560 Speaker 5: some of whom are prettier than you, some of whom 100 00:05:29,560 --> 00:05:33,560 Speaker 5: are uglier than you. It's all facets of human society, 101 00:05:33,640 --> 00:05:38,040 Speaker 5: everything that makes each of us individuals. So go back 102 00:05:38,080 --> 00:05:41,560 Speaker 5: to athletics for a moment. I don't think that athletics 103 00:05:41,560 --> 00:05:46,280 Speaker 5: are incidental to the mission of education, whether that's homeschooling, 104 00:05:46,640 --> 00:05:49,320 Speaker 5: that's a private school, that's public education, whatever it is. 105 00:05:49,560 --> 00:05:55,279 Speaker 5: I think athletics, just like all extracurricular activities, are central 106 00:05:55,680 --> 00:06:00,560 Speaker 5: to the mission of it of education. It's simple in 107 00:06:00,560 --> 00:06:06,360 Speaker 5: my opinion, but maybe I'm crazy. Before Title nine existence, girls' 108 00:06:06,360 --> 00:06:12,120 Speaker 5: sports were often just an afterthought. They were underfunded, underdeveloped, 109 00:06:12,360 --> 00:06:17,240 Speaker 5: non existent. The law Title nine worked simply because it 110 00:06:17,360 --> 00:06:22,320 Speaker 5: recognized something that was obvious and grounded him biology, something 111 00:06:22,360 --> 00:06:27,840 Speaker 5: that you know. I kind of wonder now it's because 112 00:06:28,040 --> 00:06:31,560 Speaker 5: this just keeps spinning around in my head. I think 113 00:06:31,560 --> 00:06:37,080 Speaker 5: about my biology teachers in high school, and my biology 114 00:06:37,080 --> 00:06:40,400 Speaker 5: because I still had to take some sciences in undergraduate school. 115 00:06:41,480 --> 00:06:44,839 Speaker 5: I think about those teachers and those professors. How do 116 00:06:44,880 --> 00:06:50,600 Speaker 5: they teach biology today? When you dissect the frog and 117 00:06:50,680 --> 00:06:53,239 Speaker 5: you realize you're dissecting a male frog and a female 118 00:06:53,240 --> 00:06:57,720 Speaker 5: frog or is it a transfrog because you're not quite sure, 119 00:06:57,920 --> 00:07:01,120 Speaker 5: just parts from missing, you know, maybe maybe it's missing 120 00:07:01,120 --> 00:07:01,920 Speaker 5: something externally. 121 00:07:02,000 --> 00:07:02,640 Speaker 1: Then you open it. 122 00:07:02,600 --> 00:07:06,040 Speaker 5: Up and you go, oh, it's it's it's got a 123 00:07:07,080 --> 00:07:09,680 Speaker 5: or it doesn't have a uterus, or maybe it does 124 00:07:09,720 --> 00:07:10,280 Speaker 5: have a uterus. 125 00:07:10,960 --> 00:07:13,360 Speaker 1: How do they teach that? Have you ever thought about that? 126 00:07:13,720 --> 00:07:15,640 Speaker 5: If you have, if you have rug rats in school, 127 00:07:16,760 --> 00:07:18,760 Speaker 5: I really would challenge you to go look at the 128 00:07:18,760 --> 00:07:22,320 Speaker 5: biology book or ask your kids, if you if if 129 00:07:22,360 --> 00:07:25,080 Speaker 5: you have the guts, go ask your children. What do 130 00:07:25,120 --> 00:07:28,720 Speaker 5: you learn in biology? What do they say in biology? 131 00:07:28,840 --> 00:07:31,200 Speaker 5: Do you have any they them's into your in your class? 132 00:07:31,480 --> 00:07:33,679 Speaker 5: And how do they react when you when you're talking 133 00:07:33,720 --> 00:07:37,280 Speaker 5: about gender or do they even talk about gender? Or 134 00:07:37,480 --> 00:07:42,400 Speaker 5: is I'm sorry, I you know, disregard everything I've just said. 135 00:07:44,160 --> 00:07:47,800 Speaker 5: You need to ask your students in their political science 136 00:07:48,440 --> 00:07:53,440 Speaker 5: or their social studies class about what they're learning about gender, 137 00:07:53,720 --> 00:07:57,360 Speaker 5: about male versus female, because maybe that's where it's thought, 138 00:07:57,520 --> 00:08:00,680 Speaker 5: because it's probably not taught whatsoever in biology class. 139 00:08:01,400 --> 00:08:02,640 Speaker 1: So back to title nine. 140 00:08:02,800 --> 00:08:05,600 Speaker 5: I believe that title nine worked because it did recognize 141 00:08:05,600 --> 00:08:08,400 Speaker 5: something that I thought was obvious something that was grounded 142 00:08:08,440 --> 00:08:11,040 Speaker 5: in biology, and that is that males and females are 143 00:08:11,080 --> 00:08:14,560 Speaker 5: different in ways that matter when it comes to competitive sports. 144 00:08:15,720 --> 00:08:20,000 Speaker 5: So if we believe in equal opportunity, not equal outcomes, 145 00:08:20,120 --> 00:08:24,200 Speaker 5: but if we believe in equal opportunity, that requires acknowledging 146 00:08:24,280 --> 00:08:28,280 Speaker 5: those differences and not pretending that those differences do not exist. 147 00:08:29,680 --> 00:08:35,360 Speaker 5: Sex Separated teams was not a concession created by Title nine. 148 00:08:36,880 --> 00:08:39,319 Speaker 5: Sex separated teams were the solution. 149 00:08:41,000 --> 00:08:44,240 Speaker 1: How do we go for decades? This is a great. 150 00:08:44,120 --> 00:08:48,680 Speaker 5: Lesson in there's some parallel tracks that I want you 151 00:08:48,720 --> 00:08:51,600 Speaker 5: to think about as I go through this topic. 152 00:08:53,280 --> 00:08:58,400 Speaker 1: Because for decades it wasn't It was not controversial. 153 00:08:59,320 --> 00:09:04,760 Speaker 5: Sex sept Sex separated teams were not a concession. They 154 00:09:04,760 --> 00:09:09,800 Speaker 5: were the solution. Boys and girls competed separately, not because 155 00:09:09,960 --> 00:09:16,240 Speaker 5: of prejudice, but because average differences in strength, speed, size, 156 00:09:16,400 --> 00:09:22,560 Speaker 5: bone density, muscle mass, cardiovascular capacity are very real differences. 157 00:09:23,040 --> 00:09:26,160 Speaker 5: We can measure those differences, and those differences can be 158 00:09:26,240 --> 00:09:30,880 Speaker 5: decisive when it comes to a competition, particularly athletic competition. 159 00:09:31,760 --> 00:09:36,199 Speaker 1: Now, tell me what's changed, because the science hasn't changed. 160 00:09:36,760 --> 00:09:39,360 Speaker 5: So forget asking your student about the biology class. That's 161 00:09:39,400 --> 00:09:41,640 Speaker 5: why I just had this epiphany that it's you know, 162 00:09:41,720 --> 00:09:43,840 Speaker 5: don't ask your kids about what you're taught in biology. 163 00:09:44,000 --> 00:09:46,400 Speaker 5: You need to ask what they're taught in political science class, 164 00:09:46,600 --> 00:09:48,560 Speaker 5: or government class or social studies class. 165 00:09:49,559 --> 00:09:51,120 Speaker 1: Because everything that I just told you. 166 00:09:51,040 --> 00:09:58,800 Speaker 5: About strength, speed, bone density, size, muscle mass, cardiovascular capacity, 167 00:09:59,320 --> 00:10:02,600 Speaker 5: that's still measurable, that's still decisive, it's still real, and 168 00:10:02,640 --> 00:10:03,720 Speaker 5: none of that has changed. 169 00:10:04,800 --> 00:10:05,880 Speaker 1: So what did change. 170 00:10:07,080 --> 00:10:11,560 Speaker 5: What changed is the claim that acknowledging those differences is 171 00:10:11,600 --> 00:10:19,240 Speaker 5: somehow now discriminatory. Wait a minute, but we're talking about 172 00:10:19,920 --> 00:10:27,720 Speaker 5: equal opportunity. We're not talking about equal outcomes. Equal opportunity 173 00:10:27,960 --> 00:10:33,360 Speaker 5: means that we all have certain God given talents. Some 174 00:10:33,440 --> 00:10:36,360 Speaker 5: of you are. For example, you know, mister Redbeard back 175 00:10:36,360 --> 00:10:38,360 Speaker 5: there is very good at math. I'm not very good 176 00:10:38,400 --> 00:10:43,440 Speaker 5: at math, and I freely acknowledge that mister Redbeard, on 177 00:10:43,520 --> 00:10:47,320 Speaker 5: the other hand, is well, he's actually pretty good at logic, 178 00:10:47,720 --> 00:10:52,360 Speaker 5: but sometimes he really does have a difficult time comprehending 179 00:10:52,400 --> 00:10:54,920 Speaker 5: the dumbats going on in the world. Now, maybe this 180 00:10:55,040 --> 00:10:57,160 Speaker 5: is a fault to mine, but I see it clearly 181 00:10:57,160 --> 00:11:01,560 Speaker 5: and I understand it clearly. So how can it be 182 00:11:02,640 --> 00:11:09,600 Speaker 5: discriminatory when we're talking about equal opportunity? The court heard 183 00:11:09,640 --> 00:11:16,600 Speaker 5: those challenges from West Virginia and Idaho. Like laws are 184 00:11:16,640 --> 00:11:20,440 Speaker 5: now in the books in roughly half the states that 185 00:11:20,520 --> 00:11:25,920 Speaker 5: require girls in women's sports to be reserved for biological females. 186 00:11:26,880 --> 00:11:30,480 Speaker 5: It's just kind of a restatement of the natural order 187 00:11:30,600 --> 00:11:35,880 Speaker 5: of things. So two transgender identifying athletes wanted to challenge 188 00:11:35,880 --> 00:11:40,360 Speaker 5: those laws, and the argument was that excluding them these 189 00:11:41,240 --> 00:11:44,520 Speaker 5: trans girls, so you know what that means. Those are 190 00:11:44,600 --> 00:11:47,360 Speaker 5: men that want to trans to become They want to 191 00:11:47,400 --> 00:11:55,600 Speaker 5: transition to become females. So their argument was explicitly stated 192 00:11:55,679 --> 00:12:04,000 Speaker 5: in the transcript. Including them a male transitioning to a female, 193 00:12:04,120 --> 00:12:09,679 Speaker 5: excluding them from a female team violates both equal protection 194 00:12:09,840 --> 00:12:11,320 Speaker 5: and Title nine itself. 195 00:12:11,800 --> 00:12:12,680 Speaker 1: So the core. 196 00:12:12,559 --> 00:12:15,240 Speaker 5: Claim, you don't have to agree with it. I'm just 197 00:12:15,240 --> 00:12:20,000 Speaker 5: saying what the claim is. It's pretty straightforward. Preventing biological 198 00:12:20,080 --> 00:12:25,160 Speaker 5: males from competing in women's sports is unlawful sex discrimination. 199 00:12:26,720 --> 00:12:31,520 Speaker 5: But they're not changing their sex. They're changing their perception, 200 00:12:32,080 --> 00:12:36,839 Speaker 5: their appearance, they're changing some of their appendages. They might 201 00:12:36,920 --> 00:12:39,800 Speaker 5: be changing a little internal organs, like they might have 202 00:12:39,840 --> 00:12:45,240 Speaker 5: a hysterectomy. But I know a lot of women, a 203 00:12:45,400 --> 00:12:48,480 Speaker 5: lot of women, including my spouse who has had a 204 00:12:48,559 --> 00:12:53,800 Speaker 5: hysterectomy doesn't make her into a eunuch, doesn't make her 205 00:12:53,840 --> 00:12:57,880 Speaker 5: into a male. It makes her into a female who's 206 00:12:57,960 --> 00:13:02,880 Speaker 5: had the uterus removed, and in some cases the over 207 00:13:02,920 --> 00:13:05,480 Speaker 5: reason you know you have been well, all you get done. 208 00:13:08,960 --> 00:13:14,040 Speaker 5: The core claim is that preventing a biological male from 209 00:13:14,040 --> 00:13:18,400 Speaker 5: competing in a female sport is unlawful sex discrimination. Now, 210 00:13:18,440 --> 00:13:22,040 Speaker 5: the argument from West Virginia and Idaho is pretty straightforward also, 211 00:13:22,679 --> 00:13:27,800 Speaker 5: that Title nine depends on sex based distinction in athletics, 212 00:13:28,320 --> 00:13:32,200 Speaker 5: and that erasing those distinctions undermines the very women the 213 00:13:32,280 --> 00:13:36,000 Speaker 5: law was designed to protect, which then gets me to 214 00:13:36,200 --> 00:13:41,319 Speaker 5: my concern or just questioning, where are all the women organizations? 215 00:13:42,600 --> 00:13:45,120 Speaker 1: Do they not care? Or are they so. 216 00:13:46,800 --> 00:13:50,480 Speaker 5: Stifled by political correctness and wolkeness that they dare not 217 00:13:50,679 --> 00:13:53,560 Speaker 5: raise their hands, they dare not raise their heads above 218 00:13:53,600 --> 00:13:55,760 Speaker 5: the crowd and say, oh, wait a minute, we think 219 00:13:55,800 --> 00:14:00,000 Speaker 5: we ought to protect women. Now, as those arguments unfold 220 00:14:00,040 --> 00:14:07,600 Speaker 5: it in the transcript, one unavoidable question kept resurfacing. If 221 00:14:07,600 --> 00:14:13,240 Speaker 5: section no longer has a stable meaning in law, what happens? 222 00:14:13,960 --> 00:14:18,520 Speaker 1: What happens to women's sports. 223 00:14:19,800 --> 00:14:25,680 Speaker 5: No meaningful definition in the law, What happens to women's sports. 224 00:14:25,120 --> 00:14:30,600 Speaker 5: The temptation of the Court seemed to me anyway, as 225 00:14:30,640 --> 00:14:32,760 Speaker 5: I read through the transcript, you know, it's all I 226 00:14:32,760 --> 00:14:35,080 Speaker 5: could do is talking about what I was hearing yesterday. 227 00:14:35,120 --> 00:14:40,680 Speaker 5: During the program. They kept trying to find narrow exceptions 228 00:14:40,960 --> 00:14:44,760 Speaker 5: several of the Court's liberal justices. And I again, I 229 00:14:44,800 --> 00:14:48,480 Speaker 5: hate liberal conservative monikers for these justices, but that's kind 230 00:14:48,480 --> 00:14:51,280 Speaker 5: of that's kind of the boxes they put themselves into. 231 00:14:51,920 --> 00:14:54,880 Speaker 5: But it's not liberal and conservative in the sense that 232 00:14:54,960 --> 00:14:58,480 Speaker 5: I think of liberal and conservative. It's it's there, what 233 00:14:58,760 --> 00:15:04,400 Speaker 5: method there view of the Constitution. Those so called liberal 234 00:15:04,600 --> 00:15:07,760 Speaker 5: justices appeared to be searching for a narrow escape patch. 235 00:15:08,160 --> 00:15:10,080 Speaker 5: They were trying to find a way to avoid some 236 00:15:10,120 --> 00:15:12,880 Speaker 5: sort of broad ruling by sending the cases back to 237 00:15:12,960 --> 00:15:16,960 Speaker 5: the lower courts so that individual reviews. Every case i'd 238 00:15:16,960 --> 00:15:22,760 Speaker 5: be reviewed individually. The idea is that even if sex 239 00:15:22,960 --> 00:15:27,120 Speaker 5: based categories are generally permissible under Title NINN and under 240 00:15:27,160 --> 00:15:32,119 Speaker 5: the equal production Cause of the Constitution, they would argue 241 00:15:32,480 --> 00:15:38,880 Speaker 5: that particular athletes might deserve exceptions based on medical treatment 242 00:15:39,600 --> 00:15:44,320 Speaker 5: or some perceived lack of advantage. I have to confess 243 00:15:45,280 --> 00:15:49,320 Speaker 5: I was bewildered. I was truly bewildered by their questioning 244 00:15:49,640 --> 00:15:54,560 Speaker 5: and by their thought processes. They were really trying to 245 00:15:54,600 --> 00:15:57,520 Speaker 5: claim that, Okay, if we're going to allow sex based categories, 246 00:15:57,880 --> 00:16:00,840 Speaker 5: and we're going to say that they're generally permissible, we 247 00:16:00,880 --> 00:16:03,280 Speaker 5: still want to preserve the right of a particular athlete, 248 00:16:03,560 --> 00:16:06,960 Speaker 5: a particular in this case, a trans female, a male 249 00:16:07,000 --> 00:16:09,880 Speaker 5: wanting to become a female, or a male pretending to 250 00:16:09,880 --> 00:16:13,760 Speaker 5: be a female, that they might deserve an exception somehow 251 00:16:13,760 --> 00:16:17,960 Speaker 5: based on medical treatment, because maybe they started and the 252 00:16:18,040 --> 00:16:23,440 Speaker 5: reasoning kind of went like this, if they started puberty blockers, 253 00:16:23,480 --> 00:16:26,520 Speaker 5: a male did say at the age of six, so 254 00:16:26,720 --> 00:16:30,200 Speaker 5: never experienced male puberty in the traditional sense that you 255 00:16:30,240 --> 00:16:33,280 Speaker 5: and I might have as males or females for that matter, 256 00:16:33,760 --> 00:16:37,600 Speaker 5: as they might have experienced it, then that might lead 257 00:16:37,680 --> 00:16:41,480 Speaker 5: to some sort of exception, and those ought to be 258 00:16:41,600 --> 00:16:44,040 Speaker 5: determined on a case by case basis. In other words, 259 00:16:44,120 --> 00:16:48,120 Speaker 5: let's just flood the courts with every Yahoo male out 260 00:16:48,160 --> 00:16:51,000 Speaker 5: there who's sickle in his mind that thinks he wants 261 00:16:51,040 --> 00:16:53,400 Speaker 5: to be a female, and let's just have him. Let's 262 00:16:53,440 --> 00:16:55,720 Speaker 5: litigate every single one of those cases so we can 263 00:16:55,760 --> 00:16:58,680 Speaker 5: look at their medical treatment, and of course they're perceived 264 00:16:58,760 --> 00:17:03,800 Speaker 5: lack of advantage. So are we going to What I 265 00:17:03,880 --> 00:17:07,080 Speaker 5: kept thinking about is I was listening or reading the transcript. 266 00:17:07,800 --> 00:17:10,800 Speaker 5: So we're going to have someone who feels like they're 267 00:17:11,080 --> 00:17:14,359 Speaker 5: at a disadvantage, and we're going to allow them to 268 00:17:14,600 --> 00:17:19,040 Speaker 5: litigate that disadvantage in the court room. What a waste 269 00:17:19,080 --> 00:17:23,960 Speaker 5: of court resources. Now their approach to some of you 270 00:17:24,560 --> 00:17:28,679 Speaker 5: might sound compassionate. What I'm telling you, I think it 271 00:17:28,760 --> 00:17:35,120 Speaker 5: is legally impractical, practically unworkable. You would to litigate every 272 00:17:35,240 --> 00:17:37,719 Speaker 5: Yahoo out there. This sudden he's got it in his 273 00:17:37,840 --> 00:17:40,960 Speaker 5: head that all I'm at a disadvantage. Title nine was 274 00:17:41,119 --> 00:17:45,320 Speaker 5: never built on any sort of individualized assessment of physiology. 275 00:17:45,640 --> 00:17:48,119 Speaker 5: It was built on the clear, enforceable rule that schools 276 00:17:48,160 --> 00:17:51,080 Speaker 5: could apply consistently, and once schools are going to be 277 00:17:51,160 --> 00:17:55,120 Speaker 5: required if they got their way to litigate biology athlete 278 00:17:55,119 --> 00:18:01,160 Speaker 5: by athlete, fairness dissolves into subjectivity. It's not who won 279 00:18:01,240 --> 00:18:04,160 Speaker 5: the race, who you know made it over the pole vault. 280 00:18:04,400 --> 00:18:06,879 Speaker 5: It's not you know who scored the most points. It 281 00:18:06,960 --> 00:18:11,240 Speaker 5: is subjective. Lawsuits become endless, and girls sports exist only 282 00:18:11,480 --> 00:18:14,440 Speaker 5: at the pleasure of the very next legal challenge. 283 00:18:15,160 --> 00:18:17,000 Speaker 1: This is how utterly insane. 284 00:18:17,119 --> 00:18:20,399 Speaker 2: This case is Michael, I didn't know there had to 285 00:18:20,400 --> 00:18:23,480 Speaker 2: be a special exception to Title nine for mental illness, 286 00:18:23,800 --> 00:18:27,800 Speaker 2: because that's what this is. It's no different than anorexia. 287 00:18:28,600 --> 00:18:30,800 Speaker 2: Are we going to treat anorexia the way we treat 288 00:18:30,880 --> 00:18:34,200 Speaker 2: people that think they are a man but they're really 289 00:18:34,200 --> 00:18:36,600 Speaker 2: a woman or a woman that thinks she should be 290 00:18:36,680 --> 00:18:39,840 Speaker 2: a man. It's like it's gone crazy. 291 00:18:41,080 --> 00:18:43,359 Speaker 5: It has gone crazy, which is why I wanted to 292 00:18:43,400 --> 00:18:46,280 Speaker 5: take the time yesterday to read through the transcript to 293 00:18:46,480 --> 00:18:52,879 Speaker 5: just see what kind of mental gymnastics the uh, the 294 00:18:53,000 --> 00:18:57,399 Speaker 5: liberal wing of the court would do trying to because 295 00:18:57,440 --> 00:18:59,760 Speaker 5: you know, you know, they go in, Look, they're all 296 00:18:59,840 --> 00:19:02,960 Speaker 5: hu humans. So they go in having read all of 297 00:19:02,960 --> 00:19:07,879 Speaker 5: the briefs and they already have a predisposition for what 298 00:19:08,040 --> 00:19:11,479 Speaker 5: they think about the case. That's just human nature, and 299 00:19:11,880 --> 00:19:14,920 Speaker 5: I don't have a problem with that. What I want 300 00:19:14,960 --> 00:19:17,080 Speaker 5: them to do is I want them to be open minded, 301 00:19:17,760 --> 00:19:21,320 Speaker 5: to be persuaded that perhaps based on the law, which 302 00:19:21,359 --> 00:19:24,120 Speaker 5: is which is why I hate these liberal conservative monikers 303 00:19:24,160 --> 00:19:29,200 Speaker 5: for these justices, because I'm more concerned about their approach 304 00:19:29,240 --> 00:19:35,520 Speaker 5: to the Constitution. Are they strict constructionists? Do they look 305 00:19:35,560 --> 00:19:38,040 Speaker 5: at the law a plain meaning of the language, and 306 00:19:38,080 --> 00:19:41,880 Speaker 5: how does that apply to today's society. And don't try 307 00:19:41,920 --> 00:19:46,520 Speaker 5: to say, well, because you know we only had certain 308 00:19:46,560 --> 00:19:49,320 Speaker 5: kinds of weapons, you know that we're in common use 309 00:19:49,359 --> 00:19:51,760 Speaker 5: in the seventeen hundreds, that it's limited to that. No, 310 00:19:52,200 --> 00:19:56,240 Speaker 5: that's not it at all. It's pretty clear, just as 311 00:19:57,000 --> 00:19:59,960 Speaker 5: that's the same standard we apply to pretty much everything. 312 00:20:00,080 --> 00:20:03,720 Speaker 5: But the courts, over the decades, over the couple of 313 00:20:03,760 --> 00:20:06,600 Speaker 5: centuries this country has been in place, the courts have 314 00:20:06,840 --> 00:20:10,919 Speaker 5: placed their interpretation of the Constitution to fit what. 315 00:20:10,800 --> 00:20:11,639 Speaker 1: They believe is. 316 00:20:11,840 --> 00:20:13,800 Speaker 5: Oh, well, it's got to be malleable, it's got to 317 00:20:13,880 --> 00:20:16,120 Speaker 5: be changeable, it's got to be well, it is changeable. 318 00:20:16,160 --> 00:20:16,800 Speaker 1: You can amend it. 319 00:20:17,680 --> 00:20:20,400 Speaker 5: And I don't want the court to amendment amend it. 320 00:20:20,400 --> 00:20:23,080 Speaker 5: It's just like the whole issue of probable cause. And 321 00:20:23,200 --> 00:20:26,720 Speaker 5: you know, a Fourth Amendment warrant, I think, for example, 322 00:20:26,800 --> 00:20:29,160 Speaker 5: no knock warrants are I don't care how many exceptions 323 00:20:29,240 --> 00:20:31,800 Speaker 5: or restrictions they put in. I think a no knock 324 00:20:31,920 --> 00:20:35,359 Speaker 5: warrant is per se unconstitutional. Do I understand the reason 325 00:20:35,359 --> 00:20:38,359 Speaker 5: why a law enforcement agency might. 326 00:20:38,240 --> 00:20:41,560 Speaker 1: Want to do a no knock raid, Absolutely understand that. 327 00:20:41,840 --> 00:20:43,760 Speaker 5: But sucks to be you. You live in the United 328 00:20:43,800 --> 00:20:46,959 Speaker 5: States of America, so you have to get a warrant 329 00:20:47,000 --> 00:20:51,359 Speaker 5: to do so. I just it drives me crazy. So 330 00:20:51,520 --> 00:20:53,560 Speaker 5: that's why I wanted to read through this. And it 331 00:20:53,600 --> 00:20:56,399 Speaker 5: isn't it is in my opinion it is a mental illness. 332 00:20:56,600 --> 00:20:58,840 Speaker 5: Well you know, I take that back. Yes, it's my 333 00:20:58,880 --> 00:21:02,520 Speaker 5: opinion that it's a mental illnes but it's also defined 334 00:21:02,520 --> 00:21:05,239 Speaker 5: as a mental illness. Why do you think they call 335 00:21:05,280 --> 00:21:10,040 Speaker 5: it gender dysphoria. I think a couple of text messages 336 00:21:10,040 --> 00:21:14,439 Speaker 5: are just spot on, spot on or funny forty nine 337 00:21:14,520 --> 00:21:17,800 Speaker 5: oh six, forty nine. I'm sorry, I'm so sorry forty 338 00:21:17,880 --> 00:21:21,159 Speaker 5: nine zero six says Michael Hi Dragon. 339 00:21:21,000 --> 00:21:22,760 Speaker 1: No waste time, No, don't talk to dragon. 340 00:21:23,280 --> 00:21:25,800 Speaker 5: I find it ironic that the people were shouting quote 341 00:21:25,840 --> 00:21:29,240 Speaker 5: follow the science during COVID now, can't seem to know 342 00:21:29,400 --> 00:21:30,440 Speaker 5: basic biology? 343 00:21:31,400 --> 00:21:31,600 Speaker 1: Yes? 344 00:21:32,560 --> 00:21:35,720 Speaker 5: Or forty four sixty seven rights. It is the feminization 345 00:21:35,840 --> 00:21:39,119 Speaker 5: of society and everything has to be nice and fair 346 00:21:39,400 --> 00:21:42,359 Speaker 5: with equity. There will have to be accommodations for a 347 00:21:42,359 --> 00:21:46,160 Speaker 5: blind person who wants to play baseball. Now you may 348 00:21:46,240 --> 00:21:50,680 Speaker 5: laugh at that, but the logic that I read from 349 00:21:50,760 --> 00:21:58,639 Speaker 5: these from soultomayor Kagan and Jackson Brown is I know 350 00:21:58,680 --> 00:22:01,480 Speaker 5: it's Jackson Brown. You know the singer Jackson Brown. He's 351 00:22:01,480 --> 00:22:07,040 Speaker 5: on the court. Now that's their twisted logic. That's evention 352 00:22:07,080 --> 00:22:10,760 Speaker 5: of what we would get to twenty two to ten rites. Now, 353 00:22:10,800 --> 00:22:13,000 Speaker 5: I agree there are only x y genders. However, there 354 00:22:13,040 --> 00:22:15,639 Speaker 5: is a frog or a bad or. A frog is 355 00:22:15,640 --> 00:22:19,240 Speaker 5: a bad specimen specimen to use in your analogy. There 356 00:22:19,240 --> 00:22:21,840 Speaker 5: are frogs that are unisexual that reproduce on their own 357 00:22:22,200 --> 00:22:24,360 Speaker 5: due to lack of opposite sex frogs in the era, 358 00:22:24,480 --> 00:22:27,920 Speaker 5: in their areas. How it works in general, I'm getting 359 00:22:27,960 --> 00:22:32,080 Speaker 5: a biology lesson. In some species, females can develop eggs 360 00:22:32,320 --> 00:22:37,120 Speaker 5: that become embrygills without fertilization, a process called parthode genesis, 361 00:22:37,480 --> 00:22:41,359 Speaker 5: though this is less common in frogs than in salamanders. Okay, well, 362 00:22:41,359 --> 00:22:44,320 Speaker 5: then just give me an example. I don't care, just 363 00:22:44,359 --> 00:22:48,280 Speaker 5: give me an example. And apparently frog is a bad example. 364 00:22:48,920 --> 00:22:51,159 Speaker 5: How about a turtle? How about a back? When I 365 00:22:51,200 --> 00:22:54,520 Speaker 5: was in high school, we did pigs, baby pigs, the 366 00:22:54,560 --> 00:22:58,199 Speaker 5: little piglets. Yeah, you cut up the baby piglets, you 367 00:22:58,280 --> 00:23:00,000 Speaker 5: ripped them apart, what their guts at? 368 00:23:00,080 --> 00:23:00,159 Speaker 2: Uh? 369 00:23:00,240 --> 00:23:01,359 Speaker 4: Yep? Yeah. 370 00:23:02,480 --> 00:23:05,199 Speaker 5: The problem is with you is That wasn't in class. 371 00:23:05,240 --> 00:23:06,919 Speaker 5: That's what you were doing out on the street in 372 00:23:06,960 --> 00:23:10,760 Speaker 5: the curb as a child, tearing apart, tearing the wings 373 00:23:10,800 --> 00:23:13,720 Speaker 5: off the locusts and the flies, light blowing them up 374 00:23:13,720 --> 00:23:14,639 Speaker 5: with firecrackers. 375 00:23:14,680 --> 00:23:15,919 Speaker 1: That was you, wasn't it. 376 00:23:15,920 --> 00:23:18,919 Speaker 4: It was just the ants and you know rats that 377 00:23:18,960 --> 00:23:20,000 Speaker 4: you would see outside. 378 00:23:21,840 --> 00:23:24,120 Speaker 1: Rats. You grew up in the neighborhood with rats. 379 00:23:24,520 --> 00:23:26,720 Speaker 4: Well, you know, you'd see a mouse and you. 380 00:23:26,680 --> 00:23:28,840 Speaker 1: Know, oh no, we So now you're in the back up. 381 00:23:28,880 --> 00:23:30,800 Speaker 4: It's just a mount you know, grasshoppers and. 382 00:23:35,040 --> 00:23:40,840 Speaker 3: Thanks, thank glass, I'm killing you. 383 00:23:40,840 --> 00:23:43,040 Speaker 5: You guys think that he's fun to work with. He's 384 00:23:43,359 --> 00:23:47,440 Speaker 5: back crap crazy. Gotta be careful around him. So back 385 00:23:47,480 --> 00:23:50,719 Speaker 5: to the case, Back to the transcript. This is an 386 00:23:50,760 --> 00:23:56,480 Speaker 5: example where it's a hard case in some ways because 387 00:23:56,880 --> 00:24:00,119 Speaker 5: there are all these social pressures on the job. Just 388 00:24:00,359 --> 00:24:05,520 Speaker 5: isn't don't And believe me, they're they're under all the justices. 389 00:24:06,200 --> 00:24:09,560 Speaker 5: They read, they read the newspaper, they read the websites. 390 00:24:09,960 --> 00:24:13,119 Speaker 5: They probably don't have social media accounts, but that somebody 391 00:24:13,119 --> 00:24:15,720 Speaker 5: in the family does, and they read the social media. 392 00:24:16,040 --> 00:24:18,280 Speaker 5: They understand what's going on in the world around them. 393 00:24:18,320 --> 00:24:21,680 Speaker 5: They don't live in a vacuum, so they understand this 394 00:24:21,840 --> 00:24:24,760 Speaker 5: debate going on, and I'm glad that they do. But 395 00:24:24,920 --> 00:24:26,880 Speaker 5: the problem is is that when you have a hard 396 00:24:27,040 --> 00:24:30,800 Speaker 5: case like this, it can become emotionally compelling. And what 397 00:24:30,920 --> 00:24:33,120 Speaker 5: I see on the liberal justice is what I see 398 00:24:33,160 --> 00:24:35,840 Speaker 5: in those three women, is that I see this this 399 00:24:36,119 --> 00:24:41,359 Speaker 5: emotional response to it, and not a lawful, legal, logical response. 400 00:24:42,520 --> 00:24:44,399 Speaker 1: But when you when you respond to. 401 00:24:45,359 --> 00:24:50,159 Speaker 5: Legal issues with emotion, that's how a rules based society 402 00:24:50,240 --> 00:24:53,679 Speaker 5: begins to collapse. I don't know what the Court's going 403 00:24:53,720 --> 00:24:57,280 Speaker 5: to do, but the question remains, what was this court 404 00:24:57,359 --> 00:24:58,440 Speaker 5: really wrestling with? 405 00:24:59,440 --> 00:24:59,600 Speaker 1: Now? 406 00:24:59,680 --> 00:25:02,720 Speaker 5: Some of the conservative justice justices were really good. They 407 00:25:02,800 --> 00:25:05,119 Speaker 5: kept going back to a very basic point that's been 408 00:25:05,200 --> 00:25:08,680 Speaker 5: oddly difficult to say out loud except in these quarters. 409 00:25:09,520 --> 00:25:12,520 Speaker 5: Federal law has always allowed separate teams for males and 410 00:25:12,640 --> 00:25:16,440 Speaker 5: females in order to ensure fair competition. So why should 411 00:25:16,480 --> 00:25:20,320 Speaker 5: the Court now impost a single national rule when states 412 00:25:20,400 --> 00:25:26,120 Speaker 5: remain divided, and when the science itself resists abstraction. Why 413 00:25:27,200 --> 00:25:31,280 Speaker 5: let's state legislators grapple with this? And you know there's 414 00:25:31,280 --> 00:25:34,640 Speaker 5: a good political reason for that too. And the political 415 00:25:34,720 --> 00:25:37,680 Speaker 5: reason is that this is the kind of issue that 416 00:25:37,880 --> 00:25:42,600 Speaker 5: ought to be decided by that. Remember, and I always 417 00:25:42,600 --> 00:25:44,480 Speaker 5: hate saying this because I don't want to sound like 418 00:25:44,600 --> 00:25:46,879 Speaker 5: Joe Biden. You remember when Joe Biden we got all 419 00:25:46,920 --> 00:25:49,159 Speaker 5: wound up and he talked about, remember this is the 420 00:25:49,400 --> 00:25:55,280 Speaker 5: United States of America. Well, in some ways, in a 421 00:25:55,480 --> 00:25:58,920 Speaker 5: very particular way, he was correct. This is not the 422 00:25:59,000 --> 00:26:05,080 Speaker 5: federal government of America. We are the United States of America. 423 00:26:05,320 --> 00:26:08,680 Speaker 5: That's that's the official name of the country. We're not America. 424 00:26:09,440 --> 00:26:12,160 Speaker 5: We are the US of A, the United States of America, 425 00:26:12,720 --> 00:26:17,159 Speaker 5: and the under our concept of federalism, the state, the 426 00:26:17,440 --> 00:26:21,520 Speaker 5: people hold the power. We through representative government, give some 427 00:26:21,640 --> 00:26:25,480 Speaker 5: of that power to the state governments, the state legislatures. 428 00:26:25,800 --> 00:26:29,520 Speaker 5: And so when these really controversial issues come up that 429 00:26:29,720 --> 00:26:33,440 Speaker 5: really don't have a legal they're not fraught with a 430 00:26:33,560 --> 00:26:36,440 Speaker 5: legal problem that violates the Constitution, but they're more of 431 00:26:36,480 --> 00:26:39,760 Speaker 5: a social issue than let the states decide. And the 432 00:26:39,800 --> 00:26:42,400 Speaker 5: reason I'm want the states to decide is because when 433 00:26:42,760 --> 00:26:45,480 Speaker 5: yahoo dummies like the people gathering together at the state 434 00:26:45,520 --> 00:26:48,600 Speaker 5: capitol in Colorado decide that maybe they want to, you know, 435 00:26:48,800 --> 00:26:51,399 Speaker 5: allow this, or they pass the state law against it 436 00:26:51,800 --> 00:26:55,400 Speaker 5: or for it, we can vote them out of office, Michael. 437 00:26:55,600 --> 00:26:58,800 Speaker 1: You got me to thinking, are there just googlers or 438 00:26:58,800 --> 00:26:59,240 Speaker 1: are there. 439 00:26:59,119 --> 00:27:03,680 Speaker 3: Googers, gobrets and guberrinis all scale of gouber doom? 440 00:27:04,160 --> 00:27:05,240 Speaker 4: I'm wondering about that. 441 00:27:05,680 --> 00:27:09,760 Speaker 1: Please help me. Well, we have. 442 00:27:12,760 --> 00:27:15,320 Speaker 5: We're kind of like the Whaling Wall, the Western Wall 443 00:27:15,400 --> 00:27:18,359 Speaker 5: in Jerusalem, And we have a section over here for 444 00:27:18,680 --> 00:27:23,520 Speaker 5: the female goobers. It's a fairly good size. Then we 445 00:27:23,600 --> 00:27:25,520 Speaker 5: have a nice section over here for the male goobers. 446 00:27:26,160 --> 00:27:28,520 Speaker 5: Then over here we got the trans goobers, and then 447 00:27:28,560 --> 00:27:31,040 Speaker 5: over here we have the goobers that are just so 448 00:27:32,160 --> 00:27:33,800 Speaker 5: goobers they don't even know they're goobers. 449 00:27:34,000 --> 00:27:37,840 Speaker 3: But goober itself is a non gender specific so it's 450 00:27:37,880 --> 00:27:40,239 Speaker 3: like dude. Anybody can be a dude. So anybody who 451 00:27:40,280 --> 00:27:42,280 Speaker 3: can be a goober? Anybody can right, anybody can be 452 00:27:42,320 --> 00:27:44,840 Speaker 3: a goober. But we like to divide you up. We 453 00:27:45,040 --> 00:27:47,119 Speaker 3: like to keep you divided. We like to keep you 454 00:27:47,240 --> 00:27:50,600 Speaker 3: because we're good liberal Democrats on this program, and we 455 00:27:50,720 --> 00:27:53,680 Speaker 3: want to keep you in a certain vertical so that 456 00:27:53,800 --> 00:27:56,320 Speaker 3: we can, you know, we can stir you up and 457 00:27:56,520 --> 00:27:58,960 Speaker 3: make you mad and piss you off, and then you know, 458 00:27:59,200 --> 00:28:01,439 Speaker 3: while the other group over here laughs at you, then 459 00:28:01,480 --> 00:28:03,280 Speaker 3: we can just sit back and we don't have to 460 00:28:03,280 --> 00:28:07,120 Speaker 3: say a lot. It's, you know, a conservation of language, 461 00:28:07,200 --> 00:28:11,520 Speaker 3: a conservation of words. So what was the court dealing with? 462 00:28:14,720 --> 00:28:17,840 Speaker 5: Several of the conservative justices, as I said, kept going 463 00:28:17,920 --> 00:28:21,920 Speaker 5: back to a basic point that for some reason, I 464 00:28:22,040 --> 00:28:24,480 Speaker 5: think people have a hard time saying it out loud. 465 00:28:24,760 --> 00:28:25,720 Speaker 1: Not in these quarters. 466 00:28:26,680 --> 00:28:30,280 Speaker 5: Federal law has always allowed separate teams for male and 467 00:28:30,480 --> 00:28:35,760 Speaker 5: female to ensure a fair competition. And as some of 468 00:28:35,800 --> 00:28:39,040 Speaker 5: you pointed out on the text line, if you impose it, 469 00:28:39,200 --> 00:28:40,760 Speaker 5: if states impose. 470 00:28:40,480 --> 00:28:43,120 Speaker 1: Different rules, then those rules. 471 00:28:43,320 --> 00:28:46,760 Speaker 5: If California plays the team in Arizona, Colorado plays the 472 00:28:46,800 --> 00:28:50,200 Speaker 5: team in Texas, then those rules are going to conflict. Well, 473 00:28:50,240 --> 00:28:54,280 Speaker 5: that's an argument for an interpretation of Title nine that 474 00:28:54,400 --> 00:28:59,680 Speaker 5: sets this aside. But it's also my contention that this 475 00:28:59,840 --> 00:29:01,720 Speaker 5: is a kind of issue that if you're not gonna, 476 00:29:01,760 --> 00:29:03,560 Speaker 5: if you're gonna, if you're going to argue the equal 477 00:29:03,600 --> 00:29:06,400 Speaker 5: Protection Clause, for example, then every state can make their 478 00:29:06,440 --> 00:29:09,520 Speaker 5: own decision. But if you're going to uphold Title nine, 479 00:29:10,160 --> 00:29:13,520 Speaker 5: then that necessarily takes care of the problem about different 480 00:29:13,520 --> 00:29:18,640 Speaker 5: states trying to do different things. So why should the 481 00:29:18,680 --> 00:29:22,920 Speaker 5: Court now impose a single national rule. When the states 482 00:29:22,960 --> 00:29:27,800 Speaker 5: remain divided, and when the science itself resists abstraction, well 483 00:29:27,880 --> 00:29:32,040 Speaker 5: that would that wouldn't necessarily reframe the issue. This is 484 00:29:32,160 --> 00:29:37,160 Speaker 5: not about hostility toward transgender people. It's not about hostility 485 00:29:37,200 --> 00:29:40,800 Speaker 5: toward them. It's about whether the court should override biological 486 00:29:40,880 --> 00:29:46,080 Speaker 5: reality and context where a physical difference can determine an outcome. 487 00:29:47,480 --> 00:29:49,520 Speaker 1: So the justice is also pressed on a. 488 00:29:49,560 --> 00:29:54,480 Speaker 5: Question that increasingly has no answer in public discourse, no 489 00:29:54,640 --> 00:30:02,960 Speaker 5: answer whatsoever. Before Title nine, girls' sports were an afterthought. 490 00:30:04,360 --> 00:30:10,520 Speaker 5: They were underfunded, undeveloped, non existent. What does sex mean 491 00:30:11,000 --> 00:30:16,120 Speaker 5: in law? When sex becomes an open ended concept that's 492 00:30:16,280 --> 00:30:21,320 Speaker 5: untethered and just divorced from biology, then you can't hold 493 00:30:21,400 --> 00:30:25,200 Speaker 5: the line legally. And at that point it's not just 494 00:30:25,360 --> 00:30:29,840 Speaker 5: women's sports to become at risk, but sex based protections 495 00:30:29,920 --> 00:30:35,680 Speaker 5: across the entire legal system. There were protesters chatting slogans 496 00:30:35,720 --> 00:30:40,760 Speaker 5: about ideology, slogans about biology, and inside at least the 497 00:30:40,880 --> 00:30:43,360 Speaker 5: language seem to be more measured, but the conflict's still 498 00:30:43,400 --> 00:30:47,840 Speaker 5: the same. Now, female athletes, you got to be watching 499 00:30:47,920 --> 00:30:50,600 Speaker 5: this closely, and I know some of them are, but 500 00:30:50,640 --> 00:30:53,320 Speaker 5: they're doing it quietly too well, some of them are 501 00:30:53,360 --> 00:30:57,680 Speaker 5: probably pretty angry. They understand what's on the line, scholarship's records, safety, 502 00:30:58,280 --> 00:31:01,840 Speaker 5: you know, the integrity that competition itself, and those are 503 00:31:01,880 --> 00:31:05,520 Speaker 5: not abstractions. Those are the products of decades of progress 504 00:31:06,000 --> 00:31:09,560 Speaker 5: under Title nine. That's worked precisely because it was grounded 505 00:31:09,680 --> 00:31:14,920 Speaker 5: in reality. The Court has touched this terrain before, but 506 00:31:15,040 --> 00:31:19,480 Speaker 5: in other contexts. But sports are different because, unlike a 507 00:31:19,600 --> 00:31:25,080 Speaker 5: bathroom or stupid pronoun, athletic competition produces winners and losers. 508 00:31:25,920 --> 00:31:29,800 Speaker 5: So biology is not symbolic here. Biology is actually the 509 00:31:30,520 --> 00:31:34,720 Speaker 5: the decisive factor. Now, I'm not going to repredict. I 510 00:31:35,160 --> 00:31:37,320 Speaker 5: never want to predict what the court outcomes are going 511 00:31:37,400 --> 00:31:41,600 Speaker 5: to be, especially in a case this charge. But I 512 00:31:41,760 --> 00:31:45,240 Speaker 5: will say this, the most radical decision the Court could 513 00:31:45,280 --> 00:31:49,600 Speaker 5: make right now could also be the most restrained, and 514 00:31:49,720 --> 00:31:52,400 Speaker 5: that would be to reaffirm that sex is a real, material, 515 00:31:52,840 --> 00:31:57,040 Speaker 5: material category under the law, and to recognize that Title 516 00:31:57,120 --> 00:32:02,000 Speaker 5: nine success depends on that recognition, and to state plainly 517 00:32:02,080 --> 00:32:04,960 Speaker 5: that preserving women's sports is not discrimination. 518 00:32:05,640 --> 00:32:08,200 Speaker 1: It is the reason that they exist.