1 00:00:01,920 --> 00:00:06,160 Speaker 1: Broadcasting live from the Abraham Lincoln Radio Studio, the George 2 00:00:06,280 --> 00:00:11,399 Speaker 1: Washington Broadcast Center, Jack Armstrong, Joe Getty, Armstrong and Getty 3 00:00:11,680 --> 00:00:25,080 Speaker 1: and he Armstrong and Getty. Man. What is better than 4 00:00:25,160 --> 00:00:28,280 Speaker 1: coffee when you're needing it? Asipa coffee? 5 00:00:28,480 --> 00:00:31,800 Speaker 2: Very few things that don't include friction of naked bodies. 6 00:00:31,880 --> 00:00:35,319 Speaker 1: I mean, it's it's right up there. I don't get it. 7 00:00:39,080 --> 00:00:41,599 Speaker 1: So you gotta see the visual for this. This is 8 00:00:41,600 --> 00:00:44,240 Speaker 1: a This is a troll. He's a troll. He's trying 9 00:00:44,280 --> 00:00:45,200 Speaker 1: to cause problems. 10 00:00:45,880 --> 00:00:49,600 Speaker 2: And it's a guy addressed in a kind of cartoonish 11 00:00:49,760 --> 00:00:54,680 Speaker 2: like Indian gear gear. He's got a headdress on, he's 12 00:00:54,720 --> 00:00:57,200 Speaker 2: got some colored stripes on his cheeks, that sort of thing. 13 00:00:57,880 --> 00:01:01,200 Speaker 2: And these they're in Minnesota fronting some of the people 14 00:01:01,320 --> 00:01:02,480 Speaker 2: protesting ice. 15 00:01:02,560 --> 00:01:04,120 Speaker 1: And this is what he says. 16 00:01:04,160 --> 00:01:11,679 Speaker 3: I'm transcendigenous, are you? Are you cis American? I'm transcendigenous 17 00:01:11,720 --> 00:01:12,119 Speaker 3: for ice? 18 00:01:12,800 --> 00:01:16,319 Speaker 1: Ice. We love ice, we love ice. To poort them all. 19 00:01:16,360 --> 00:01:21,520 Speaker 3: You're all trespassers on our land. Well, transcendigenous people are 20 00:01:21,520 --> 00:01:25,080 Speaker 3: indigenous people, and you're all trespassers on our land. And 21 00:01:25,160 --> 00:01:27,920 Speaker 3: we want Bobino to deport all of you guys, we 22 00:01:28,000 --> 00:01:33,160 Speaker 3: love ice. Trans Natives love ice. We love you ice. 23 00:01:34,520 --> 00:01:40,120 Speaker 3: We love ice. The TransNation. TransNation is just as valid 24 00:01:40,240 --> 00:01:43,680 Speaker 3: as CIS nations. You're not transnative phobic, are you? 25 00:01:44,240 --> 00:01:44,479 Speaker 1: Okay? 26 00:01:44,480 --> 00:01:49,760 Speaker 3: I'm just checking. You're a SIS American, I'm transcendigenous. You 27 00:01:49,840 --> 00:01:52,000 Speaker 3: really need to check your privilege because you're talking to 28 00:01:52,120 --> 00:01:54,520 Speaker 3: a beautiful transcendigenous person of. 29 00:01:54,520 --> 00:02:00,880 Speaker 1: Colorized I believe. I'm hoping to learn more. 30 00:02:00,720 --> 00:02:04,640 Speaker 3: About your personal I'll educate you because your CIS pigment. 31 00:02:06,520 --> 00:02:08,960 Speaker 1: So the best about that to me was that the 32 00:02:09,000 --> 00:02:14,200 Speaker 1: guy that the troll was talking to didn't have, you know, 33 00:02:14,280 --> 00:02:16,240 Speaker 1: the courage to like say I get out of here, 34 00:02:16,280 --> 00:02:19,120 Speaker 1: you idiot or whatever. That he had to take. He 35 00:02:19,160 --> 00:02:21,120 Speaker 1: had to take it seriously because he didn't, you know, 36 00:02:21,160 --> 00:02:23,920 Speaker 1: he wasn't exactly sure what was going on here. But 37 00:02:24,000 --> 00:02:27,480 Speaker 1: a lot of those terms he's very sensitive to. Are 38 00:02:27,600 --> 00:02:30,640 Speaker 1: you working me around but you're using my terminologies? So 39 00:02:30,720 --> 00:02:33,160 Speaker 1: I don't know what to do. Are you hostile to 40 00:02:33,440 --> 00:02:37,080 Speaker 1: cist trans indigenous people? Well? No, but I just wonder 41 00:02:37,120 --> 00:02:39,079 Speaker 1: what you believe because he's you know, he's got to 42 00:02:39,080 --> 00:02:42,399 Speaker 1: be very careful. He knows these are hot, hot terms. Yeah, 43 00:02:42,440 --> 00:02:44,320 Speaker 1: that guy was in New York. Wasn't he during some 44 00:02:44,360 --> 00:02:47,720 Speaker 1: of the pro hamas uh protests. I love that bit. 45 00:02:47,919 --> 00:02:52,640 Speaker 1: It's such a good bit. We're living in weird times. 46 00:02:52,680 --> 00:02:53,680 Speaker 1: I don't know if you notice it. 47 00:02:55,000 --> 00:03:00,720 Speaker 2: So this is an interesting one on uh uh connecting 48 00:03:00,840 --> 00:03:02,000 Speaker 2: Iran in Greenland. 49 00:03:02,440 --> 00:03:04,000 Speaker 1: So I don't know if you know who David from is. 50 00:03:04,040 --> 00:03:06,520 Speaker 1: He was a speech writer I think for George W. Bush. 51 00:03:06,520 --> 00:03:09,440 Speaker 1: But he's one of those people that have realized and 52 00:03:09,560 --> 00:03:11,800 Speaker 1: he doesn't like Trump. That's fine, that's perfectly legit that 53 00:03:11,840 --> 00:03:15,200 Speaker 1: he doesn't like Trump. And he's a Republican who wanted 54 00:03:15,240 --> 00:03:18,280 Speaker 1: to go never Trump. But then he, like a lot 55 00:03:18,320 --> 00:03:20,880 Speaker 1: of people, cross over into Wait a second, what happened 56 00:03:20,919 --> 00:03:23,880 Speaker 1: to all of these issues that you cared about as 57 00:03:23,880 --> 00:03:27,120 Speaker 1: a conservative? Now you go on MSNBC or whatever channel 58 00:03:27,160 --> 00:03:27,959 Speaker 1: in bash. 59 00:03:27,800 --> 00:03:31,280 Speaker 2: Everything conservatives do, and you're making lots of money, And 60 00:03:31,320 --> 00:03:32,280 Speaker 2: he's one of those guys. 61 00:03:32,360 --> 00:03:37,720 Speaker 1: Drives me nuts. Anyway, David fromm had tweeted out Trump 62 00:03:37,840 --> 00:03:42,000 Speaker 1: lets Iranian freedom marchers die while preparing to kill Danish 63 00:03:42,160 --> 00:03:46,440 Speaker 1: NATO comrades. Now that was attached to a tweet. I 64 00:03:46,480 --> 00:03:48,840 Speaker 1: hadn't heard this, and I guess it's true. It's from 65 00:03:48,960 --> 00:03:53,200 Speaker 1: open Source Open source I INT, which is intelligence, which 66 00:03:53,240 --> 00:03:58,040 Speaker 1: is usually accurate. That said, Denmark is deploying an advanced 67 00:03:58,040 --> 00:04:02,840 Speaker 1: command to Greenland, insisting of military material support and forward personnel, 68 00:04:03,000 --> 00:04:05,480 Speaker 1: ahead of a large force from the army that is 69 00:04:05,480 --> 00:04:08,080 Speaker 1: expected to arrive soon on the territory, in addition to 70 00:04:08,120 --> 00:04:12,160 Speaker 1: aircraft from the Royal Danish Air Force? Is that true? Wow? 71 00:04:12,440 --> 00:04:15,160 Speaker 1: Are the days suspect it is? You think the Danes 72 00:04:15,160 --> 00:04:20,680 Speaker 1: are preparing for military action against the United States? That 73 00:04:20,720 --> 00:04:25,320 Speaker 1: would be looney tunes. I don't know why they would 74 00:04:26,480 --> 00:04:29,120 Speaker 1: tweak Trump that way unless it was a statement of 75 00:04:29,200 --> 00:04:31,279 Speaker 1: what he's said his way over the line. It's improper. 76 00:04:31,920 --> 00:04:34,680 Speaker 1: And you know, if you're going to come for us, 77 00:04:34,760 --> 00:04:37,599 Speaker 1: come for us. We're not putting up with that sort 78 00:04:37,600 --> 00:04:39,800 Speaker 1: of talk from an ally, which I don't blame them. 79 00:04:40,160 --> 00:04:43,239 Speaker 1: Is you know I've been rather critical of Trump's rhetoric 80 00:04:43,320 --> 00:04:44,240 Speaker 1: on Greenland. 81 00:04:45,080 --> 00:04:47,080 Speaker 2: Yeah, I don't think he should talk as if it's 82 00:04:47,120 --> 00:04:50,000 Speaker 2: even on the table to possibly even take it militarily. 83 00:04:50,040 --> 00:04:53,359 Speaker 2: But I'm surprised Denmark's were playing. But anyway, that's not 84 00:04:53,360 --> 00:04:54,320 Speaker 2: really where I'm going here. 85 00:04:54,480 --> 00:04:56,920 Speaker 1: So David from attaches his tweet to that Trump lets 86 00:04:56,920 --> 00:04:59,960 Speaker 1: Iranian Freedom Fighter marchers die while preparing to kill da 87 00:05:00,279 --> 00:05:05,400 Speaker 1: NATO comrades typical online sort of behavior. And Ian Bremer, 88 00:05:05,560 --> 00:05:09,760 Speaker 1: who I don't agree with semi regularly on his politics, 89 00:05:09,920 --> 00:05:14,840 Speaker 1: really is a force for calming things down online always, 90 00:05:15,080 --> 00:05:18,719 Speaker 1: it seems to me. He and he responded to David 91 00:05:18,760 --> 00:05:21,960 Speaker 1: From these are both very high profile people, Ian Bremer 92 00:05:22,000 --> 00:05:24,920 Speaker 1: and David From. Ian Bremer responded with Trump not in 93 00:05:24,960 --> 00:05:28,680 Speaker 1: fact preparing to kill Danish NATO comrades. This is a 94 00:05:28,680 --> 00:05:32,800 Speaker 1: good thing to point out. Yeah, no kidding, Ah, don't 95 00:05:32,800 --> 00:05:34,840 Speaker 1: in the facts get in the way of a good tweet. 96 00:05:35,120 --> 00:05:37,640 Speaker 2: Lots of responses like it's incredibly naive and over the 97 00:05:37,720 --> 00:05:40,160 Speaker 2: smug of you to at this point take the administration 98 00:05:40,200 --> 00:05:45,120 Speaker 2: at their word blah blah blah blah, and Ian saying 99 00:05:45,800 --> 00:05:47,960 Speaker 2: my view is, I think it's essential to be honest 100 00:05:48,000 --> 00:05:51,880 Speaker 2: with people in Knight, not hyperbolic focus on serious threats, 101 00:05:51,920 --> 00:05:55,000 Speaker 2: whether it's danger in his mind Ian's mind to the 102 00:05:55,040 --> 00:05:57,960 Speaker 2: independence of the FAD or suspending defense intel support to 103 00:05:58,080 --> 00:06:01,640 Speaker 2: Ukraine and pushing back on headlines where there isn't any 104 00:06:01,680 --> 00:06:05,159 Speaker 2: serious threat, especially because the latter diminishes credibility of those 105 00:06:05,200 --> 00:06:08,160 Speaker 2: offering criticism. Love that sort of talk for me and 106 00:06:08,200 --> 00:06:10,960 Speaker 2: Bremmer trying to talk to people. Don't go around saying 107 00:06:10,960 --> 00:06:13,680 Speaker 2: Trump's planing to kill Danes when he's not. 108 00:06:15,200 --> 00:06:16,160 Speaker 1: That doesn't help anything. 109 00:06:16,360 --> 00:06:19,840 Speaker 2: But the question is, and the question of our time 110 00:06:20,040 --> 00:06:24,320 Speaker 2: really is who's gonna win the day? People like Ian 111 00:06:24,360 --> 00:06:27,000 Speaker 2: and I think us who are trying to calm things 112 00:06:27,040 --> 00:06:30,000 Speaker 2: down and sometimes say, look, I agree with this person, 113 00:06:30,000 --> 00:06:32,120 Speaker 2: he's on my side, but that's not true what they 114 00:06:32,200 --> 00:06:35,719 Speaker 2: just said. Are we gonna win the day or the 115 00:06:35,880 --> 00:06:40,440 Speaker 2: David Frums or the bomb checkers or the exaggerate and 116 00:06:40,960 --> 00:06:44,480 Speaker 2: you know, preach to the choir crowd and get them 117 00:06:44,520 --> 00:06:45,240 Speaker 2: all routled up? 118 00:06:45,920 --> 00:06:47,920 Speaker 1: Is that gonna win the day? And I actually don't know. 119 00:06:48,400 --> 00:06:50,800 Speaker 1: I don't know. I think it's a coin flip. Yeah, 120 00:06:50,839 --> 00:06:54,040 Speaker 1: I just I think both things will coexist and wash 121 00:06:54,120 --> 00:06:57,240 Speaker 1: back and forth and fight for supremacy for the rest 122 00:06:57,240 --> 00:06:57,720 Speaker 1: of our lives. 123 00:06:57,720 --> 00:06:59,080 Speaker 2: I don't know if that's gonna be good enough. I 124 00:06:59,080 --> 00:07:01,680 Speaker 2: think I think our side needs to clearly win the 125 00:07:01,760 --> 00:07:02,839 Speaker 2: day or we're doomed. 126 00:07:03,279 --> 00:07:07,480 Speaker 1: If it's a then we're doomed. I like to know 127 00:07:07,520 --> 00:07:11,720 Speaker 1: what I'm doomed and renewed, because then you don't bother 128 00:07:11,840 --> 00:07:12,640 Speaker 1: trying anymore. 129 00:07:12,760 --> 00:07:15,680 Speaker 2: So your p doom is one hundred percent and very soon. 130 00:07:18,520 --> 00:07:22,559 Speaker 2: That's an interesting question. It's one hundred percent, but maybe 131 00:07:22,560 --> 00:07:23,280 Speaker 2: not soon. 132 00:07:23,760 --> 00:07:26,760 Speaker 1: Right, Yeah. I think the animal instincts of human beings 133 00:07:26,800 --> 00:07:29,920 Speaker 1: are difficult to contain when they become a mob, and 134 00:07:29,960 --> 00:07:33,960 Speaker 1: the Internet has allowed for the instantaneous forming of mobs. Well, 135 00:07:34,040 --> 00:07:35,120 Speaker 1: here's here's something. 136 00:07:35,640 --> 00:07:37,120 Speaker 2: Joe and I have talked about this a little on 137 00:07:37,160 --> 00:07:39,880 Speaker 2: the air and a lot off the air, about whether 138 00:07:39,960 --> 00:07:42,200 Speaker 2: or not we could be much much more wealthy if 139 00:07:42,200 --> 00:07:44,559 Speaker 2: we would just play the game that you know, Megan 140 00:07:44,640 --> 00:07:47,000 Speaker 2: Kelly seems to be playing, and lots of people are playing. 141 00:07:49,120 --> 00:07:51,040 Speaker 1: I wish we could try it on just to so 142 00:07:51,200 --> 00:07:51,920 Speaker 1: what it feels like. 143 00:07:52,200 --> 00:07:54,520 Speaker 2: But you know, you lose all credibility and we'd lose 144 00:07:54,560 --> 00:07:56,560 Speaker 2: lots of listeners and that sort of stuff. But I 145 00:07:56,560 --> 00:07:58,560 Speaker 2: would like to try it on just to like tell 146 00:07:58,560 --> 00:08:01,040 Speaker 2: a certain chunk of the crowding exactly what they want 147 00:08:01,080 --> 00:08:04,040 Speaker 2: to hear our sides always right, the other side's always. 148 00:08:03,720 --> 00:08:05,960 Speaker 1: Wrong, And just play that for a while and I'll 149 00:08:05,960 --> 00:08:08,800 Speaker 1: bet it feels pretty good. You know, do more live 150 00:08:08,840 --> 00:08:10,760 Speaker 1: appearances where you get in front of a crowd and 151 00:08:10,800 --> 00:08:14,320 Speaker 1: you say exactly what they want and they're cheering. Oh yeah. Yeah. 152 00:08:14,440 --> 00:08:17,120 Speaker 1: For the record, our discussions are mostly just a mental 153 00:08:17,160 --> 00:08:19,360 Speaker 1: exercise because neither one of us has the inclination to 154 00:08:19,440 --> 00:08:23,360 Speaker 1: do that. But my god, it's much easier, much easier. 155 00:08:23,440 --> 00:08:27,320 Speaker 1: Oh my gosh, I gotta believe it is. Oh of 156 00:08:27,360 --> 00:08:31,680 Speaker 1: course it is, sure, yeah, yeah, eliminating you know, ambivalence 157 00:08:31,800 --> 00:08:34,040 Speaker 1: or there's some truth to that, but maybe it's gone 158 00:08:34,080 --> 00:08:37,160 Speaker 1: too far blah blah blah, and just my side's always right, 159 00:08:37,240 --> 00:08:39,720 Speaker 1: the other side's always wrong. So and so's a hero, 160 00:08:39,920 --> 00:08:43,560 Speaker 1: so and so's a fiend. Never any nuance or gray area. Yeah, 161 00:08:43,559 --> 00:08:45,440 Speaker 1: that'd be effortlessly well, not only would it be, just 162 00:08:45,480 --> 00:08:49,000 Speaker 1: be easier rhetorically, and that's what I'm all about, ease. 163 00:08:49,120 --> 00:08:53,600 Speaker 1: But go on, the people cheering you oh yeah, oh yeah, yeah, 164 00:08:54,040 --> 00:08:56,720 Speaker 1: that have to be pretty fun. Yeah. I like to 165 00:08:56,760 --> 00:08:59,319 Speaker 1: feel that we're cheered in our own way. But now 166 00:08:59,320 --> 00:09:02,600 Speaker 1: you're right, disagree with anything you've said we did. I 167 00:09:02,600 --> 00:09:04,840 Speaker 1: won't mention the name because she was really nice, but 168 00:09:04,960 --> 00:09:08,920 Speaker 1: there was a bomb chucker fox presence that we did 169 00:09:08,920 --> 00:09:11,360 Speaker 1: an event with one time, and she did that act 170 00:09:11,400 --> 00:09:14,719 Speaker 1: and just watching the adoration of the crowd as she 171 00:09:14,920 --> 00:09:21,360 Speaker 1: said the most like simplistic basic exactly what they want 172 00:09:21,360 --> 00:09:23,760 Speaker 1: to hear sort of stuff. And it was some to watch. 173 00:09:24,280 --> 00:09:28,319 Speaker 1: Oh yeah, yeah, it was eh And it's tempting in 174 00:09:28,360 --> 00:09:30,560 Speaker 1: a weird way. But again, anyway, I just wonder who's 175 00:09:30,559 --> 00:09:33,880 Speaker 1: gonna win the day? Dan From, David From, a smart 176 00:09:33,880 --> 00:09:35,880 Speaker 1: guy who's a speech writer for a president, going around 177 00:09:35,880 --> 00:09:39,200 Speaker 1: to say and Trump's planning to kill Danish soldiers. Now 178 00:09:39,240 --> 00:09:41,600 Speaker 1: he's not, you know, he's not, And what are you doing? 179 00:09:41,960 --> 00:09:45,240 Speaker 1: David From is a DC climber, like all DC climbers. Yeah, 180 00:09:45,280 --> 00:09:47,800 Speaker 1: he's a bright guy, but he's a phony. Ah, speaking 181 00:09:47,840 --> 00:09:50,960 Speaker 1: of phony and phony arguments. What our plan is? This? 182 00:09:51,520 --> 00:09:53,600 Speaker 1: Gonna take a break, come back next segment. We're gonna 183 00:09:53,600 --> 00:09:55,720 Speaker 1: play some of the key clips from the oral arguments 184 00:09:55,760 --> 00:09:59,280 Speaker 1: before the Supreme Court yesterday about the gender benning madness 185 00:09:59,360 --> 00:10:03,520 Speaker 1: in sport, specifically dudes who want to compete against girls 186 00:10:03,559 --> 00:10:06,800 Speaker 1: because they say I'm a girl now, as ridiculous as 187 00:10:06,800 --> 00:10:09,960 Speaker 1: that is. And then the next segment, we'll talk to 188 00:10:10,040 --> 00:10:14,520 Speaker 1: Anastasia Boden, senior attorney at the Pacific Legal Foundation, about 189 00:10:14,520 --> 00:10:17,199 Speaker 1: her take on the oral arguments and also a couple 190 00:10:17,280 --> 00:10:19,560 Speaker 1: other big time cases that the Scotus has taken a 191 00:10:19,559 --> 00:10:23,720 Speaker 1: look at, so all of that to come stay with us. 192 00:10:26,000 --> 00:10:30,240 Speaker 4: It's only banning transgenate athletes from playing on the girls team, right, 193 00:10:30,280 --> 00:10:33,000 Speaker 4: So it isn't a ban in totality on playing sports. 194 00:10:33,000 --> 00:10:35,520 Speaker 4: It's a ban on playing sports on a team with 195 00:10:35,600 --> 00:10:37,000 Speaker 4: people who don't have the same. 196 00:10:38,480 --> 00:10:42,880 Speaker 1: Sex characteristics that you do. Yeah, he corrected himself to 197 00:10:42,960 --> 00:10:46,040 Speaker 1: not get mixed up in the whole radical gender theory thing. 198 00:10:46,080 --> 00:10:48,960 Speaker 1: It's a question of sex. Supreme Court hearing arguments yesterday 199 00:10:49,000 --> 00:10:51,760 Speaker 1: about a pair of cases that had to do with 200 00:10:52,920 --> 00:10:55,560 Speaker 1: boys who claimed to be girls playing in girls sports 201 00:10:56,040 --> 00:10:59,719 Speaker 1: and the whole transgender thing. We're one of. 202 00:10:59,679 --> 00:11:03,439 Speaker 2: The One of the boys who says they're now a 203 00:11:03,480 --> 00:11:06,679 Speaker 2: woman is named Heacock's, which is absolutely amazing. 204 00:11:06,800 --> 00:11:10,840 Speaker 1: Childish and irrelevant. That's true. It's true, that it is true. 205 00:11:10,920 --> 00:11:13,760 Speaker 1: Yes on a Stasia Boden of the Pacific Legal Foundation 206 00:11:13,840 --> 00:11:15,520 Speaker 1: will be joining us next segment. But we wanted to 207 00:11:15,520 --> 00:11:17,320 Speaker 1: play a handful of clips. Maybe you heard these early 208 00:11:17,360 --> 00:11:19,120 Speaker 1: in the show, if you've been listening the whole time, 209 00:11:19,360 --> 00:11:21,280 Speaker 1: If you have, God bless you, thank you for listening. 210 00:11:21,920 --> 00:11:24,680 Speaker 1: But these are so interesting. Number one, we'll start with 211 00:11:24,720 --> 00:11:30,520 Speaker 1: fifty five. This is Kaitanji Brown Jackson. She utters certain 212 00:11:30,559 --> 00:11:32,240 Speaker 1: words that have not been heard in the Supreme Court 213 00:11:32,320 --> 00:11:33,920 Speaker 1: before and I hope never will be again. 214 00:11:34,400 --> 00:11:38,840 Speaker 5: You have the overarching classification, you know, everybody has to 215 00:11:38,880 --> 00:11:44,640 Speaker 5: be play on the team that is the same as 216 00:11:44,679 --> 00:11:48,959 Speaker 5: their sex at birth. But then you have a gender 217 00:11:49,000 --> 00:11:53,520 Speaker 5: identity definition that is operating within that meaning a distinction, 218 00:11:53,800 --> 00:12:00,319 Speaker 5: meaning that for cis ginger girls they can play with 219 00:12:00,360 --> 00:12:04,280 Speaker 5: their gender identity, for transgender girls they can't. 220 00:12:05,200 --> 00:12:07,559 Speaker 1: So I think that okay. 221 00:12:08,559 --> 00:12:10,760 Speaker 6: As to the part about your ability to pass over 222 00:12:10,840 --> 00:12:13,040 Speaker 6: from boy to girl, yes you can go from one way, 223 00:12:13,080 --> 00:12:13,680 Speaker 6: but not the other. 224 00:12:14,200 --> 00:12:16,559 Speaker 1: I want to be clear that PPJ is okay challenging 225 00:12:16,600 --> 00:12:18,640 Speaker 1: that we don't need to hear that because it gets 226 00:12:18,640 --> 00:12:21,920 Speaker 1: in illegal age. But you could tell she said cisgender 227 00:12:22,000 --> 00:12:24,640 Speaker 1: girls don't get to play in the sport of their choice, 228 00:12:24,679 --> 00:12:26,920 Speaker 1: and that would be guys like the guys like, oh 229 00:12:26,920 --> 00:12:29,840 Speaker 1: my god, that's not even a thing. We're talking about sex. 230 00:12:30,400 --> 00:12:33,160 Speaker 1: He won't even and he shouldn't concede the use of 231 00:12:33,200 --> 00:12:36,360 Speaker 1: the term cis gender and transgender because they're part of 232 00:12:36,440 --> 00:12:38,199 Speaker 1: radical gender theory and they have nothing to do with 233 00:12:38,240 --> 00:12:40,240 Speaker 1: the question of boys playing in girls' sports. It's all 234 00:12:40,280 --> 00:12:44,840 Speaker 1: about sex period. Don't get confused tech by their terminology. 235 00:12:44,920 --> 00:12:47,800 Speaker 1: That's why they use all that complex terminology is to 236 00:12:47,880 --> 00:12:51,120 Speaker 1: confuse people. Don't get caught up in it. Samuel Alito, 237 00:12:51,760 --> 00:12:54,720 Speaker 1: who I hope lives for a very long time, got 238 00:12:54,760 --> 00:12:58,840 Speaker 1: into it with the pro boys playing girls sports side 239 00:12:59,040 --> 00:13:01,040 Speaker 1: and it went like this. It's im will to pick. 240 00:13:00,960 --> 00:13:04,440 Speaker 7: Up on the issue of discrimination on the basis of 241 00:13:04,520 --> 00:13:08,200 Speaker 7: transgender status. Let me just go back to let me 242 00:13:08,240 --> 00:13:12,800 Speaker 7: go to some basics. Do you agree that a school 243 00:13:12,880 --> 00:13:18,000 Speaker 7: may have separate teams for a category of students classified 244 00:13:18,080 --> 00:13:21,000 Speaker 7: as boys in a category of students classified as. 245 00:13:20,920 --> 00:13:22,160 Speaker 1: Girls, Yes, your honor. 246 00:13:22,960 --> 00:13:26,120 Speaker 7: If it does that, then is it not necessary for 247 00:13:26,600 --> 00:13:29,760 Speaker 7: there to be for equal protection purposes? If that is 248 00:13:29,880 --> 00:13:33,920 Speaker 7: challenged under the equal protection clause, an understanding of what 249 00:13:34,000 --> 00:13:36,480 Speaker 7: it means to be a boy or a girl or 250 00:13:36,640 --> 00:13:37,560 Speaker 7: a man oral woman? 251 00:13:38,080 --> 00:13:38,280 Speaker 1: Yes? 252 00:13:38,720 --> 00:13:42,120 Speaker 7: And what is that definition for equal protection purposes? What 253 00:13:42,160 --> 00:13:44,719 Speaker 7: does what does it mean to be a boy or 254 00:13:44,720 --> 00:13:46,320 Speaker 7: a girl or a man oral woman? 255 00:13:46,559 --> 00:13:49,320 Speaker 8: Sorryvisenters to your question. I think that the underlying enactment, 256 00:13:49,440 --> 00:13:52,000 Speaker 8: whatever it was, the policy, the law, the would have 257 00:13:52,040 --> 00:13:53,880 Speaker 8: to we'd have to have an understanding of how the 258 00:13:54,120 --> 00:13:57,280 Speaker 8: state or the government was just understanding that term to 259 00:13:57,280 --> 00:13:59,560 Speaker 8: figure out whether or not someone was excluded. We do 260 00:13:59,600 --> 00:14:01,880 Speaker 8: not have a definition for the court, and we don't 261 00:14:01,880 --> 00:14:04,760 Speaker 8: take issue with the We're not disputing the definition here. 262 00:14:04,800 --> 00:14:06,800 Speaker 8: What we're saying is that the way it applies in 263 00:14:06,880 --> 00:14:11,040 Speaker 8: practice is to exclude birth sex males categorically from women's teams, 264 00:14:11,080 --> 00:14:13,000 Speaker 8: and that there's a subset of those birth sex males 265 00:14:13,120 --> 00:14:15,679 Speaker 8: where it doesn't make sense to do so according to 266 00:14:15,720 --> 00:14:16,880 Speaker 8: the state's own interest. 267 00:14:17,160 --> 00:14:22,600 Speaker 7: Well, how can a court determine whether there's discrimination on 268 00:14:22,680 --> 00:14:26,480 Speaker 7: the basis of sex without knowing what sex memes for 269 00:14:26,520 --> 00:14:27,760 Speaker 7: equal protection purposes? 270 00:14:29,040 --> 00:14:31,600 Speaker 8: I think here we just knowed. We basically know that 271 00:14:31,640 --> 00:14:35,720 Speaker 8: the that they've identified, pursuing to their own statue, Lindsay 272 00:14:35,840 --> 00:14:38,800 Speaker 8: qualifies as a birth sex male, and she's being excluded 273 00:14:38,840 --> 00:14:41,080 Speaker 8: categorically from the women's teams. 274 00:14:40,800 --> 00:14:41,480 Speaker 1: As the statute. 275 00:14:41,560 --> 00:14:44,120 Speaker 8: So we're taking the statues's definitions as we find them, 276 00:14:44,120 --> 00:14:45,800 Speaker 8: and we don't dispute them. We're just trying to figure 277 00:14:45,800 --> 00:14:47,960 Speaker 8: out do they create an equal protection problem? 278 00:14:48,600 --> 00:14:52,320 Speaker 1: Okayma Haamanahamana, one of the smartest people in America, faced 279 00:14:52,360 --> 00:14:54,680 Speaker 1: with look, what's a man or what's a woman? Because 280 00:14:54,680 --> 00:14:55,600 Speaker 1: we've got to define that. 281 00:14:58,160 --> 00:15:00,200 Speaker 2: The reason I thought that was a boo yah boo. 282 00:15:00,280 --> 00:15:02,080 Speaker 2: I mean it's that's that's a pretty good way to 283 00:15:02,080 --> 00:15:03,920 Speaker 2: boil it down. Do you think there should be boys 284 00:15:03,960 --> 00:15:04,840 Speaker 2: games and girls teams? 285 00:15:04,920 --> 00:15:07,640 Speaker 1: Yes? Okay, well then we got to define what a 286 00:15:07,680 --> 00:15:14,560 Speaker 1: boy and a girl is, right, Okay? And finally this, uh, 287 00:15:15,120 --> 00:15:17,520 Speaker 1: this is one of the attorneys who was talking to 288 00:15:17,560 --> 00:15:21,760 Speaker 1: Atlanta Kagan, who is very very very bright, talking about 289 00:15:21,800 --> 00:15:26,480 Speaker 1: how what you're saying is you can exclude boys from girls' 290 00:15:26,480 --> 00:15:29,480 Speaker 1: sports unless they're essentially so girlish they ought to be 291 00:15:29,520 --> 00:15:31,960 Speaker 1: able to play. But where does that end? It sounded 292 00:15:31,960 --> 00:15:32,320 Speaker 1: like this. 293 00:15:32,360 --> 00:15:34,160 Speaker 6: I'm having trouble coming up with what it could look 294 00:15:34,280 --> 00:15:37,520 Speaker 6: like because it will always be possible to carve the 295 00:15:37,520 --> 00:15:40,440 Speaker 6: class down further, right. I mean, so if they say 296 00:15:40,600 --> 00:15:43,440 Speaker 6: that their class, that they're their subclass I guess subclass 297 00:15:43,440 --> 00:15:46,160 Speaker 6: of males is males who identify as transgender, then we 298 00:15:46,200 --> 00:15:49,160 Speaker 6: would come back and say, well, only something like ten 299 00:15:49,200 --> 00:15:52,280 Speaker 6: percent of males who identify as transgender take the hystosteran suppression. 300 00:15:52,520 --> 00:15:54,800 Speaker 6: And then they might say, well, okay, no, the class 301 00:15:54,840 --> 00:15:56,800 Speaker 6: is just the males who take the distosteran suppression, and 302 00:15:56,800 --> 00:15:59,840 Speaker 6: then we might come back and say, well, according to 303 00:15:59,880 --> 00:16:02,440 Speaker 6: the record, according to their own expert, of males who 304 00:16:02,480 --> 00:16:05,960 Speaker 6: take testosterone suppression, only one quarter of them are able 305 00:16:06,000 --> 00:16:09,320 Speaker 6: to achieve the appropriate like to able achieve ordinary levels 306 00:16:09,320 --> 00:16:12,080 Speaker 6: of testosterone for women, and the other three quarters would 307 00:16:12,120 --> 00:16:15,040 Speaker 6: still have an advantage, and therefore we'd be justified. Seventy 308 00:16:15,040 --> 00:16:17,720 Speaker 6: five percent pretty good fit and intermediate scrutiny, and we'd 309 00:16:17,720 --> 00:16:19,720 Speaker 6: be justified with the law. But then they can just 310 00:16:19,840 --> 00:16:22,400 Speaker 6: change the class again. They can say, aha, no, our 311 00:16:22,440 --> 00:16:26,640 Speaker 6: class is males who identify as transgender, who suppress their 312 00:16:26,640 --> 00:16:30,360 Speaker 6: testosterone and who suppessed their testosterone successfully and are able 313 00:16:30,360 --> 00:16:31,600 Speaker 6: to get it down to where they don't have a 314 00:16:31,600 --> 00:16:34,200 Speaker 6: competitive advantage. And at that point we can say, if 315 00:16:34,240 --> 00:16:37,400 Speaker 6: you can define the class so precisely, you're going to 316 00:16:37,400 --> 00:16:41,240 Speaker 6: force the state to define the class that precisely. It's 317 00:16:41,280 --> 00:16:43,680 Speaker 6: going to be enormously burdensome for everyone. And the state 318 00:16:43,720 --> 00:16:45,600 Speaker 6: can never win because whenever the state points to the 319 00:16:45,640 --> 00:16:47,680 Speaker 6: fit in the statute, do they just redefine their class 320 00:16:47,680 --> 00:16:49,240 Speaker 6: as only the people who are outside the fit. 321 00:16:49,560 --> 00:16:53,400 Speaker 1: Thank you, Yeah, that's a powerful argument. I hope you 322 00:16:53,480 --> 00:16:55,720 Speaker 1: followed at least to some extent, and we'll follow up 323 00:16:55,760 --> 00:16:58,120 Speaker 1: again with the fabulous on a stage voting from the 324 00:16:58,160 --> 00:16:59,960 Speaker 1: Pacific Legal Foundation in just moments. 325 00:17:00,040 --> 00:17:03,200 Speaker 2: I wish they'd release their ruling, especially if it's if 326 00:17:03,200 --> 00:17:06,320 Speaker 2: they're all like this one's obvious soon because you got a. 327 00:17:06,280 --> 00:17:08,439 Speaker 1: Whole spring full of high school sports that are going 328 00:17:08,480 --> 00:17:10,840 Speaker 1: to happen around the country. Nah, you got to write 329 00:17:10,880 --> 00:17:13,360 Speaker 1: them out with all the fancy words and the citations. 330 00:17:13,400 --> 00:17:17,560 Speaker 1: Who has the time, Armstrong and getty. 331 00:17:18,359 --> 00:17:23,760 Speaker 9: This notion that this is really just about the definition of. 332 00:17:25,880 --> 00:17:28,000 Speaker 5: We accept that you can accept separate. 333 00:17:27,640 --> 00:17:30,040 Speaker 9: Boys and girls, and we are now looking at the 334 00:17:30,080 --> 00:17:32,800 Speaker 9: definition of a girl and we're saying only people who 335 00:17:32,880 --> 00:17:38,400 Speaker 9: were girl assigned at birth qualify. 336 00:17:38,560 --> 00:17:43,719 Speaker 1: Yeah, people signed their sex at birth. It's observed anyway. 337 00:17:43,960 --> 00:17:47,960 Speaker 1: It's all about the lingo with the progressive activists and 338 00:17:48,040 --> 00:17:51,320 Speaker 1: radical gender theory. They were before the Supreme Court yesterday 339 00:17:51,320 --> 00:17:53,399 Speaker 1: a couple of courses involved, I'm sorry, a couple of 340 00:17:53,400 --> 00:17:59,280 Speaker 1: cases involving boys playing in girls' sports, and Anastasia Bodeny, 341 00:17:59,359 --> 00:18:02,640 Speaker 1: Senior Attorney for Equality and Opportunity. The Pacific Legal Foundation 342 00:18:02,800 --> 00:18:06,280 Speaker 1: was like us, listening and watching with great interest and 343 00:18:06,400 --> 00:18:09,000 Speaker 1: has thoughts on what happened Onnastasia welcome. How are you, 344 00:18:09,920 --> 00:18:12,760 Speaker 1: I'm doing well. Thanks for having me. So with the 345 00:18:13,560 --> 00:18:16,720 Speaker 1: appropriate and inevitable caveats that it's difficult to read the 346 00:18:16,760 --> 00:18:18,760 Speaker 1: tea leaves blah blah blah from the oral arguments, what 347 00:18:18,760 --> 00:18:19,720 Speaker 1: do you think of the whole thing? 348 00:18:20,800 --> 00:18:23,159 Speaker 10: Yeah, you know, less difficult to read here than the 349 00:18:23,240 --> 00:18:26,920 Speaker 10: usual case, especially given that even the Washington Post yesterday, 350 00:18:27,000 --> 00:18:31,280 Speaker 10: the headline before oral arguments was that neither public opinion 351 00:18:31,359 --> 00:18:37,600 Speaker 10: nor scientific scientific consensus support the people challenging these laws 352 00:18:37,640 --> 00:18:40,760 Speaker 10: that limit sports to biological sex. So, you know, I 353 00:18:40,760 --> 00:18:43,520 Speaker 10: think public opinion has really turned, and I think that 354 00:18:43,560 --> 00:18:46,520 Speaker 10: will no doubt have an influence on the court. But yeah, 355 00:18:46,359 --> 00:18:49,840 Speaker 10: the argument was really interesting, really spicy, and just give 356 00:18:49,840 --> 00:18:52,760 Speaker 10: you some background. You know, given this recent phenomenon of 357 00:18:52,840 --> 00:18:56,679 Speaker 10: trans women competing in female sports, twenty seven states have 358 00:18:56,840 --> 00:19:01,720 Speaker 10: passed laws now limiting sports to biological sex. That's the majority. Again, 359 00:19:01,760 --> 00:19:04,000 Speaker 10: you can really see how the tide has turned. But 360 00:19:04,040 --> 00:19:06,399 Speaker 10: of course, Idaho and West Virginia were among the first, 361 00:19:06,400 --> 00:19:09,880 Speaker 10: and so this involved a challenge to their laws by 362 00:19:11,080 --> 00:19:14,800 Speaker 10: trans people in sports who want to compete in women's sports. 363 00:19:15,440 --> 00:19:17,159 Speaker 10: So you have the athletes on one side, the states 364 00:19:17,160 --> 00:19:19,160 Speaker 10: on the other, and then we actually had some interveners 365 00:19:19,200 --> 00:19:22,840 Speaker 10: who were female athletes who who feel that this is 366 00:19:22,880 --> 00:19:26,240 Speaker 10: unconstitutional and violates their rights. Their briefs were really particularly 367 00:19:26,280 --> 00:19:28,800 Speaker 10: interesting because it puts it in human terms, and they 368 00:19:28,880 --> 00:19:32,639 Speaker 10: talk about how they ran on the women's track and 369 00:19:32,680 --> 00:19:36,320 Speaker 10: cost country teams at their university and they lost by 370 00:19:36,320 --> 00:19:40,239 Speaker 10: a significant margin to a male athlete who identified as 371 00:19:40,240 --> 00:19:42,840 Speaker 10: a female and who had competed the previous year on 372 00:19:42,920 --> 00:19:46,280 Speaker 10: the men's team and recorded times that would have broken 373 00:19:46,680 --> 00:19:48,200 Speaker 10: national women's records. 374 00:19:48,680 --> 00:19:50,840 Speaker 1: So you can see why. 375 00:19:50,720 --> 00:19:54,840 Speaker 10: They might aggrieved, and it led to this lawsuit, and 376 00:19:54,920 --> 00:19:56,080 Speaker 10: yesterday was oral argument. 377 00:19:56,680 --> 00:19:59,560 Speaker 2: So one thing I'll completely understand if the Supreme Court 378 00:19:59,640 --> 00:20:05,520 Speaker 2: decide that, yes, these states can have laws banning trans 379 00:20:06,960 --> 00:20:08,680 Speaker 2: boys from. 380 00:20:08,400 --> 00:20:10,480 Speaker 1: I always get that, as you know, I'm a conscientious 381 00:20:10,520 --> 00:20:13,439 Speaker 1: objector at even using those terms because it seeds the 382 00:20:13,680 --> 00:20:16,920 Speaker 1: linguistic ground to the radical left. But go on, Jack, Sorry, 383 00:20:17,000 --> 00:20:19,119 Speaker 1: But anyway, if the Supreme Court says, yeah, these states 384 00:20:19,160 --> 00:20:20,800 Speaker 1: can do that, does that have any effect on like 385 00:20:20,880 --> 00:20:24,840 Speaker 1: California where they haven't banned anything. Yeah. 386 00:20:24,880 --> 00:20:27,800 Speaker 10: So that was a big part of the discussion was 387 00:20:27,880 --> 00:20:31,680 Speaker 10: what are the consequences of this case? Does it mean 388 00:20:32,080 --> 00:20:36,880 Speaker 10: that states must separate by biological sex or does it 389 00:20:36,960 --> 00:20:42,080 Speaker 10: merely mean that laws that choose to separate by biological 390 00:20:42,359 --> 00:20:46,159 Speaker 10: sex are constitutional and do not violate our civil rights laws. 391 00:20:46,320 --> 00:20:48,560 Speaker 10: And neither side really wanted to get into that. They 392 00:20:48,600 --> 00:20:51,840 Speaker 10: just wanted to fight over these terms because the consequences 393 00:20:51,840 --> 00:20:53,800 Speaker 10: could be really far reaching on the other side, because 394 00:20:54,040 --> 00:20:56,160 Speaker 10: you know, in the first lawsuit, the first law there's 395 00:20:56,200 --> 00:20:58,879 Speaker 10: two lawsuits, one against West Virginia and one against Idaho. 396 00:20:58,920 --> 00:21:01,879 Speaker 10: And in the first lawsuit, so the challenger is actually 397 00:21:01,960 --> 00:21:08,160 Speaker 10: an athlete who had taken some strides to eliminate their 398 00:21:08,200 --> 00:21:13,000 Speaker 10: so called physical biological advantage by taking uh, suppressing their 399 00:21:13,040 --> 00:21:16,600 Speaker 10: tosostgrone for one year. And so they said, hey, maybe 400 00:21:16,600 --> 00:21:18,800 Speaker 10: you can separate men and women by sex, but not me, 401 00:21:19,400 --> 00:21:25,960 Speaker 10: because I have eliminated my physical advantage. But as the 402 00:21:26,080 --> 00:21:29,159 Speaker 10: justices pointed out, the question then becomes, Okay, well, do 403 00:21:29,240 --> 00:21:32,119 Speaker 10: we have to let in all men now who don't 404 00:21:32,119 --> 00:21:34,960 Speaker 10: have a physical advantage for whatever reason, Men who are 405 00:21:35,000 --> 00:21:38,560 Speaker 10: shorter who happen to have less cisostrone. You know that there's. 406 00:21:38,359 --> 00:21:41,240 Speaker 1: People who aren't like myself what I. 407 00:21:41,240 --> 00:21:45,439 Speaker 10: Count exactly right. But on the other hand, I'm accepting 408 00:21:45,480 --> 00:21:49,000 Speaker 10: that your hypothetical to be true, then yes, exactly right, Well, 409 00:21:49,040 --> 00:21:51,359 Speaker 10: we have to let you into But on the other hand, 410 00:21:51,560 --> 00:21:53,919 Speaker 10: you know, the other side wants to argue that you 411 00:21:54,040 --> 00:21:57,199 Speaker 10: have to have strict lines based on differences, and then 412 00:21:57,240 --> 00:22:00,400 Speaker 10: the justice says the justices said, well, does that mean 413 00:22:00,680 --> 00:22:05,439 Speaker 10: that universities can create different programs for chess because we 414 00:22:05,520 --> 00:22:08,200 Speaker 10: know that men perform better at chess the science is there. 415 00:22:08,640 --> 00:22:10,920 Speaker 10: Does that mean now that they can discriminate against women 416 00:22:10,960 --> 00:22:13,280 Speaker 10: in chess because you're saying that that universities have to 417 00:22:13,359 --> 00:22:15,639 Speaker 10: draw this bright line or what about we know that 418 00:22:15,680 --> 00:22:18,520 Speaker 10: in some areas, and of course it depends on subject 419 00:22:18,560 --> 00:22:21,800 Speaker 10: and whatnot, but in some areas women perform better academically. 420 00:22:22,160 --> 00:22:26,240 Speaker 10: Does that now mean that schools can create a remedial 421 00:22:26,320 --> 00:22:30,480 Speaker 10: program for men and exclude women. So there was a 422 00:22:30,520 --> 00:22:33,160 Speaker 10: lot of line drawing problems on either side, and both 423 00:22:33,240 --> 00:22:35,520 Speaker 10: parties just wanted to skirt that and say, hey, take 424 00:22:35,600 --> 00:22:37,840 Speaker 10: let's just talk about this case and how far this case. 425 00:22:37,920 --> 00:22:40,280 Speaker 1: I didn't know men were generally better that chess than women. 426 00:22:40,359 --> 00:22:42,879 Speaker 1: Didn't know that I'm terrible at chess for the record, 427 00:22:44,520 --> 00:22:50,320 Speaker 1: So Anastasia, it's where you have. It seemed pretty clear 428 00:22:50,320 --> 00:22:52,199 Speaker 1: to me, and I'm not a constitutional lawyer, but you 429 00:22:52,320 --> 00:22:54,919 Speaker 1: have a self evident class male and female that has 430 00:22:55,000 --> 00:22:58,480 Speaker 1: never in the history of humankind been disputed. And the 431 00:22:58,640 --> 00:23:01,360 Speaker 1: argument that, well, there's some men that are so girlish 432 00:23:01,400 --> 00:23:04,719 Speaker 1: that let's not even count them as men. It's just 433 00:23:04,840 --> 00:23:08,159 Speaker 1: utterly unworkable on a societal level. As we played one 434 00:23:08,200 --> 00:23:11,960 Speaker 1: of the clips in the last segment, and I suspect 435 00:23:12,000 --> 00:23:13,679 Speaker 1: you're right that the Supreme Court is going to go 436 00:23:13,720 --> 00:23:16,400 Speaker 1: the way it seems clear that they will. But am 437 00:23:16,400 --> 00:23:21,240 Speaker 1: I also correct that they didn't really get into Title 438 00:23:21,440 --> 00:23:27,000 Speaker 1: nine per se, because if you recognize that there are 439 00:23:27,040 --> 00:23:30,879 Speaker 1: men and there are women, but some men are not 440 00:23:31,119 --> 00:23:33,000 Speaker 1: very manly, so we got to let them in with 441 00:23:33,000 --> 00:23:35,080 Speaker 1: the way, you've got to tear up Title nine and 442 00:23:35,359 --> 00:23:39,040 Speaker 1: end it because it has no meaning anymore. It gets 443 00:23:39,080 --> 00:23:44,639 Speaker 1: into an incredibly cumbersome how manly is he? Individual test? 444 00:23:45,080 --> 00:23:51,159 Speaker 1: In every aspect of American life that's affected by Title nine. 445 00:23:51,400 --> 00:23:53,880 Speaker 10: Yeah, I think that's exactly right. And what's interesting is 446 00:23:53,920 --> 00:23:58,159 Speaker 10: a few years ago, under Title six, which governs discrimination 447 00:23:58,240 --> 00:24:02,159 Speaker 10: in the workplace, there was a Supreme Court case asking whether, 448 00:24:03,600 --> 00:24:07,719 Speaker 10: which again for bids discrimination basis of sets in the 449 00:24:07,760 --> 00:24:13,840 Speaker 10: workplace necessarily also bads discrimination on the basis of transgender 450 00:24:13,920 --> 00:24:17,639 Speaker 10: status and just Discorsich in that case wrote the opinion saying, 451 00:24:18,000 --> 00:24:22,240 Speaker 10: you know, discrimination based on sex is necessarily discrimination based 452 00:24:22,280 --> 00:24:25,880 Speaker 10: on trans gender status. And so now the plaintiffs are 453 00:24:25,880 --> 00:24:28,040 Speaker 10: seizing on that in this case and saying, see, the 454 00:24:28,040 --> 00:24:30,240 Speaker 10: same thing is true in Title mine. But Title nine 455 00:24:30,359 --> 00:24:34,680 Speaker 10: really brings out the absurdity of that argument, because you know, 456 00:24:34,720 --> 00:24:38,359 Speaker 10: if you talk about workplace discrimination, it's easy to say, Okay, 457 00:24:38,400 --> 00:24:40,720 Speaker 10: we shouldn't have you know, I think the equities are like, okay, 458 00:24:40,800 --> 00:24:42,919 Speaker 10: let's not discriminate. We don't want to have discrimination against 459 00:24:42,920 --> 00:24:46,640 Speaker 10: transgender people. But in Title nine, you are now pitting 460 00:24:47,080 --> 00:24:50,600 Speaker 10: women against the transgender people because saying that we can't 461 00:24:50,600 --> 00:24:54,000 Speaker 10: discriminate against transgender people now necessarily infringes the right of 462 00:24:54,040 --> 00:24:56,760 Speaker 10: women to compete fairly, which was the entire purpose of 463 00:24:56,800 --> 00:24:59,760 Speaker 10: Title nine. So it's true Title nine is bringing out 464 00:24:59,760 --> 00:25:01,680 Speaker 10: a lot of these absurdities that have sort of been 465 00:25:01,960 --> 00:25:04,920 Speaker 10: swept under the rug in previous cases and showing how 466 00:25:04,920 --> 00:25:06,440 Speaker 10: the whole thing really is not workable. 467 00:25:06,440 --> 00:25:07,720 Speaker 1: In the same way, if. 468 00:25:07,600 --> 00:25:10,440 Speaker 2: It comes down to a how manly is the man? 469 00:25:10,680 --> 00:25:13,199 Speaker 2: Can he participate in women's sports and men's sports. Then 470 00:25:13,240 --> 00:25:15,280 Speaker 2: you got a guy who drives a truck, but like 471 00:25:15,359 --> 00:25:17,240 Speaker 2: salsa dancing. You know, it's a tweeter. 472 00:25:17,440 --> 00:25:20,160 Speaker 1: You got to try to figure out case by case. 473 00:25:20,240 --> 00:25:21,240 Speaker 1: Incredibly cumbersome. 474 00:25:21,560 --> 00:25:24,760 Speaker 2: I've heard some legal experts say this could be like 475 00:25:25,080 --> 00:25:29,080 Speaker 2: very narrow. It's just it upholds these states that said 476 00:25:29,119 --> 00:25:31,040 Speaker 2: you can't do this and doesn't go rund any further 477 00:25:31,040 --> 00:25:33,399 Speaker 2: than that. Another I've heard other legal experts say this 478 00:25:33,440 --> 00:25:35,600 Speaker 2: could like have an effect on you know, the whole 479 00:25:35,640 --> 00:25:38,960 Speaker 2: gender neutral bathroom thing and all kinds of far reaching 480 00:25:39,600 --> 00:25:41,080 Speaker 2: parts of the trans discussion. 481 00:25:41,200 --> 00:25:42,240 Speaker 1: Where do you land on that? 482 00:25:43,040 --> 00:25:47,240 Speaker 10: You know, the Court likes to take incremental steps. Everybody 483 00:25:47,280 --> 00:25:49,800 Speaker 10: thinks that the Court is some imperial court just imposing 484 00:25:49,840 --> 00:25:52,240 Speaker 10: their opinions and taking over the world, when in reality, 485 00:25:52,280 --> 00:25:54,399 Speaker 10: if you look at it, the Court is doing less 486 00:25:54,520 --> 00:25:57,200 Speaker 10: work than ever. They're taking fewer cases than that two 487 00:25:57,520 --> 00:26:01,760 Speaker 10: they yeah, but I would like the Court to do more. 488 00:26:01,840 --> 00:26:04,760 Speaker 10: You know, that's their job. They're the last bastion for 489 00:26:05,000 --> 00:26:08,520 Speaker 10: our liberties when the legislature fails to protect our rights, 490 00:26:08,560 --> 00:26:10,560 Speaker 10: and so there, I think it'll be narrow. And what's 491 00:26:10,600 --> 00:26:13,160 Speaker 10: even more interesting is one of the plaintiffs in the case, 492 00:26:13,520 --> 00:26:18,480 Speaker 10: the plaintiffs who took steps to mitigate their physical advantage 493 00:26:18,520 --> 00:26:21,960 Speaker 10: due to sex actually ask the court to dismiss their case. 494 00:26:23,280 --> 00:26:27,000 Speaker 10: That person said, I don't plan on doing sports anymore 495 00:26:27,040 --> 00:26:29,000 Speaker 10: in college. Just dismiss this case. I don't want to 496 00:26:29,040 --> 00:26:32,240 Speaker 10: deal with it. And the court so far has said, no, 497 00:26:32,320 --> 00:26:34,280 Speaker 10: we're going to hear it anyway. We already granted cert. 498 00:26:34,320 --> 00:26:36,399 Speaker 10: You can't change your mind now that we granted cert 499 00:26:36,400 --> 00:26:38,840 Speaker 10: and try to get the case dismissed. But that's a 500 00:26:38,880 --> 00:26:42,280 Speaker 10: pretty interesting thing. That's very unusual. Typically, if plaintiffs went 501 00:26:42,359 --> 00:26:44,520 Speaker 10: out of a case, the court is more than happy 502 00:26:44,600 --> 00:26:46,240 Speaker 10: to get it off their docket and not have to 503 00:26:46,240 --> 00:26:49,240 Speaker 10: deal with these hot button topics. And I kind of wonder, now, 504 00:26:49,320 --> 00:26:52,240 Speaker 10: after or argument, which was, you know, pretty difficult to 505 00:26:52,280 --> 00:26:54,920 Speaker 10: sort through, if the court will in fact dismiss that 506 00:26:55,040 --> 00:26:57,480 Speaker 10: case because the plaintiff doesn't want it. 507 00:26:58,600 --> 00:27:00,800 Speaker 1: So I need to at least bully tip my cap 508 00:27:00,840 --> 00:27:02,720 Speaker 1: again to the notion that I can't believe we're having 509 00:27:02,720 --> 00:27:06,280 Speaker 1: to answer and or ask an answer these questions about 510 00:27:06,320 --> 00:27:10,560 Speaker 1: the most intrinsic and obvious facets to human life. But 511 00:27:11,640 --> 00:27:14,400 Speaker 1: helped me out because I'm not a constitutional attorney. There 512 00:27:14,480 --> 00:27:19,320 Speaker 1: is a very brief description of what forms a class 513 00:27:19,320 --> 00:27:22,800 Speaker 1: of people, like a protected class. Does that ring a bell? 514 00:27:23,680 --> 00:27:23,880 Speaker 11: Yes? 515 00:27:24,520 --> 00:27:27,560 Speaker 10: Typically, yeah, our civil rights laws and equal protection law 516 00:27:27,680 --> 00:27:31,520 Speaker 10: protects classes with traits. 517 00:27:32,119 --> 00:27:34,720 Speaker 1: I'm sorry, can you repeat that, you glitch out? Oh? 518 00:27:34,880 --> 00:27:38,919 Speaker 10: Yes, Typically our civil rights laws protect you know, type 519 00:27:39,160 --> 00:27:43,080 Speaker 10: classes of people with immutable characteristics. 520 00:27:42,400 --> 00:27:46,399 Speaker 1: Right right, exactly, So like cool and uncool could not 521 00:27:46,520 --> 00:27:50,520 Speaker 1: be a protected class or fun and a real drag. 522 00:27:50,760 --> 00:27:55,560 Speaker 1: I mean, for instance, and exactly we played earlier a 523 00:27:56,000 --> 00:27:58,919 Speaker 1: guy who goes to generally left wing protests and he 524 00:27:58,920 --> 00:28:03,320 Speaker 1: claims to be trans indigenous. He is, he is a 525 00:28:03,359 --> 00:28:06,800 Speaker 1: white guy, but he's now he identifies as an indigenous person. 526 00:28:07,320 --> 00:28:11,879 Speaker 1: And it's to me it's as absurd to claim you 527 00:28:12,000 --> 00:28:15,520 Speaker 1: are a woman as a man because you've decided to 528 00:28:15,560 --> 00:28:17,919 Speaker 1: be a woman. I mean, otherwise you could like have 529 00:28:18,080 --> 00:28:22,240 Speaker 1: exceptions to civil rights law for a black guy who 530 00:28:22,440 --> 00:28:26,399 Speaker 1: like to cite some terrible cliches, doesn't like to dance 531 00:28:26,480 --> 00:28:29,639 Speaker 1: and quote unquote sounds like a white man and is 532 00:28:29,800 --> 00:28:34,960 Speaker 1: republican and the rest of it, because psychically, psychologically his 533 00:28:35,240 --> 00:28:39,000 Speaker 1: self conception is very much white. I mean, that's that 534 00:28:39,200 --> 00:28:44,040 Speaker 1: is considered repugnant and silly. But to say, well, I'm 535 00:28:44,080 --> 00:28:46,640 Speaker 1: totally a girl now, So I mean, and I grant 536 00:28:46,680 --> 00:28:50,520 Speaker 1: that there could be neurological situations, but didn't he get 537 00:28:50,560 --> 00:28:54,440 Speaker 1: the sense that the Justice Alito especially was asking what 538 00:28:54,520 --> 00:28:57,040 Speaker 1: the hell are we talking about here? Oh? 539 00:28:57,120 --> 00:28:59,680 Speaker 10: Yeah, And you know, I love Justice Alito argument. He's 540 00:28:59,680 --> 00:29:01,400 Speaker 10: a fan past the lawyer, and he acts like a 541 00:29:01,440 --> 00:29:03,200 Speaker 10: lawyer on the bench. And you know, one of the 542 00:29:03,240 --> 00:29:05,880 Speaker 10: things you said in argument yesterday was, well, how about 543 00:29:05,880 --> 00:29:08,600 Speaker 10: those women who don't want to compete against trans athletes? 544 00:29:08,640 --> 00:29:11,000 Speaker 10: Are you calling them bigots? You know, you just flat 545 00:29:11,000 --> 00:29:15,240 Speaker 10: out asked that question. And so he was bringing out 546 00:29:15,240 --> 00:29:17,520 Speaker 10: some of this absurdity. But another person who has brought 547 00:29:17,520 --> 00:29:21,080 Speaker 10: out that absurdity is Justice Barrett. Because of course, the 548 00:29:21,080 --> 00:29:23,240 Speaker 10: planiffs here are trying to say, hey, we are a 549 00:29:23,280 --> 00:29:27,600 Speaker 10: protected class and we have historically been subject to discrimination, 550 00:29:27,760 --> 00:29:31,280 Speaker 10: and so we get heightened protection under civil rights laws. 551 00:29:31,440 --> 00:29:34,360 Speaker 10: They say discrimination based on trensender status is special and 552 00:29:34,400 --> 00:29:37,560 Speaker 10: gets heightened protection compared to anybody else who might sue. 553 00:29:37,840 --> 00:29:41,000 Speaker 10: And so far the Court hasn't answered that question. But 554 00:29:41,280 --> 00:29:45,760 Speaker 10: last term Justice Barrett wrote a separate, a concurring opinion 555 00:29:45,800 --> 00:29:48,280 Speaker 10: that's not binding on the court, but just articulating her 556 00:29:48,360 --> 00:29:52,120 Speaker 10: views where she said that can't possibly be true because 557 00:29:52,560 --> 00:29:56,240 Speaker 10: being TRAMS is not an immutable characteristic. It can mean 558 00:29:56,320 --> 00:29:59,320 Speaker 10: many things. It's a huge class of people that's constantly 559 00:29:59,440 --> 00:30:03,160 Speaker 10: changing on a whole bunch of decisions and different traits, 560 00:30:03,600 --> 00:30:07,000 Speaker 10: and you know, it spans all these different ideas of 561 00:30:07,040 --> 00:30:10,680 Speaker 10: self identification. And also, you have not been subject as 562 00:30:10,680 --> 00:30:13,480 Speaker 10: a class to whatever that class means, to the same 563 00:30:13,520 --> 00:30:19,080 Speaker 10: type of state sponsored discrimination as say, minority races or 564 00:30:19,200 --> 00:30:22,000 Speaker 10: minority religions. And so she already went out in a 565 00:30:22,040 --> 00:30:25,720 Speaker 10: separate opinion last year. She stepped out and said that, like, hey, 566 00:30:25,800 --> 00:30:28,920 Speaker 10: this is not a class that gets special protection. So far, 567 00:30:29,080 --> 00:30:31,400 Speaker 10: the court hasn't answered that question, and we might get 568 00:30:31,400 --> 00:30:33,640 Speaker 10: it in this case. And I suspect they will take 569 00:30:33,760 --> 00:30:36,120 Speaker 10: your view of things, which is, we can't even hardly 570 00:30:36,160 --> 00:30:39,600 Speaker 10: identify this class, let alone say that it's entitled to 571 00:30:39,600 --> 00:30:41,160 Speaker 10: some sort of special protection. 572 00:30:41,800 --> 00:30:43,959 Speaker 2: Well, last quick question, because we're out of time and 573 00:30:44,120 --> 00:30:46,520 Speaker 2: I'm not trying to be a shock jock here. Did 574 00:30:46,640 --> 00:30:49,560 Speaker 2: the terms penis or vagina ever come up at any point? 575 00:30:51,160 --> 00:30:53,120 Speaker 10: No, I did hear pelvis? 576 00:30:52,920 --> 00:30:59,280 Speaker 1: This kind of interesting when that hell, yeah, well, you know, 577 00:30:59,400 --> 00:31:03,280 Speaker 1: sex identicy fight at birth or identified. No, it's a 578 00:31:03,400 --> 00:31:07,959 Speaker 1: signed which is hilarious and again prejudicial verbally speaking, Anastasia 579 00:31:08,080 --> 00:31:11,160 Speaker 1: has written a really super interesting column, the most Unorthodox 580 00:31:11,280 --> 00:31:14,360 Speaker 1: Descent You've never read about the presidential war Powers. I'm 581 00:31:14,400 --> 00:31:15,800 Speaker 1: afraid we're out of time, but we'll have a link 582 00:31:15,800 --> 00:31:19,360 Speaker 1: at Armstrong and Giddy dot com. It's definitely worth a think, Anastasia. 583 00:31:19,440 --> 00:31:21,160 Speaker 1: I wish we had more time, but we'll talk again soon. 584 00:31:21,200 --> 00:31:24,760 Speaker 1: Well done, Thanks thanks for having me by bye s. 585 00:31:24,960 --> 00:31:27,200 Speaker 1: Maybe those terms had come up with someone Clarence Thomas. 586 00:31:27,680 --> 00:31:30,920 Speaker 1: Does this a person have a penis or a vagina? 587 00:31:31,280 --> 00:31:35,960 Speaker 1: You know that's sort Did they ever have a penis? Yeah? 588 00:31:36,280 --> 00:31:38,280 Speaker 1: Just you know, getting down to the nuts and bolts 589 00:31:38,280 --> 00:31:40,440 Speaker 1: of it if you will. Oh, they didn't know. Okay, 590 00:31:40,520 --> 00:31:46,720 Speaker 1: we will finish strong next. Yeah. 591 00:31:46,800 --> 00:31:49,200 Speaker 11: Trump is still talking about taking over at Greenland, and 592 00:31:49,240 --> 00:31:51,800 Speaker 11: he said that if we invaded, their only defense would 593 00:31:51,840 --> 00:31:56,280 Speaker 11: be two dog sleds. Christie Noman was like, I can 594 00:31:56,280 --> 00:31:56,920 Speaker 11: take care of those. 595 00:32:00,280 --> 00:32:04,640 Speaker 2: Mmm, give me one more joke, Michael, take another shot 596 00:32:04,680 --> 00:32:06,320 Speaker 2: at a joke At the back. 597 00:32:06,600 --> 00:32:08,360 Speaker 11: Chuckie Cheese said that he wants to make a film 598 00:32:08,360 --> 00:32:09,280 Speaker 11: about the franchise. 599 00:32:14,080 --> 00:32:15,000 Speaker 1: It'll be a horror movie. 600 00:32:15,040 --> 00:32:17,040 Speaker 11: When someone brings a black light into a Chuckie. 601 00:32:16,800 --> 00:32:22,240 Speaker 2: Cheese, which, you know, similar to that movie about Ray 602 00:32:22,280 --> 00:32:23,160 Speaker 2: crock and McDonald's. 603 00:32:23,200 --> 00:32:24,160 Speaker 1: Could be very interesting. 604 00:32:24,240 --> 00:32:28,640 Speaker 2: I like that sort of biopick about somebody starting an 605 00:32:28,640 --> 00:32:30,120 Speaker 2: incredibly successful business. 606 00:32:32,240 --> 00:32:38,160 Speaker 1: We have a new highest grossing actor of all time. 607 00:32:38,960 --> 00:32:42,400 Speaker 2: Up until like yesterday when the new news came out, 608 00:32:42,440 --> 00:32:44,560 Speaker 2: it was Scarlett Johanson. I didn't realize that she's the 609 00:32:44,600 --> 00:32:48,440 Speaker 2: highest grossing actor of all time. Now, I gotta believe 610 00:32:48,440 --> 00:32:52,840 Speaker 2: this stuff is not adjusted for inflation. Almost certainly isn't. 611 00:32:53,520 --> 00:32:56,480 Speaker 2: Otherwise I think it'd be Schwarzenegger probably. 612 00:32:56,440 --> 00:32:59,240 Speaker 1: And unless it's a one man show, one woman show, 613 00:32:59,480 --> 00:33:01,760 Speaker 1: how do you make shirt? Anyway? Because Scargo's in the 614 00:33:01,960 --> 00:33:07,360 Speaker 1: the silly superhero movies, right, yeah, but I think you're 615 00:33:07,400 --> 00:33:09,800 Speaker 1: all ensemble movies, right Storkmaker or. 616 00:33:09,760 --> 00:33:11,680 Speaker 2: Burt Reynolds or I don't know, lots of people if 617 00:33:11,680 --> 00:33:14,040 Speaker 2: you adjusted for inflation, that were really really big deals 618 00:33:14,080 --> 00:33:16,880 Speaker 2: back in the day. But anyway, it's now Zoe Saldana, 619 00:33:17,000 --> 00:33:19,600 Speaker 2: who I wouldn't be able to pick out of a 620 00:33:19,680 --> 00:33:23,440 Speaker 2: lineup actually, but she's forty seven years old and she 621 00:33:23,680 --> 00:33:26,640 Speaker 2: was in those Avatar movies and all three of them 622 00:33:26,680 --> 00:33:30,240 Speaker 2: have been giant the like top three grossing movies of 623 00:33:30,280 --> 00:33:33,480 Speaker 2: all time, again not adjusted for inflation, because they never do. 624 00:33:33,600 --> 00:33:37,280 Speaker 1: For these things and have h and has you know 625 00:33:37,440 --> 00:33:42,480 Speaker 1: learned commentators have mentioned nobody ever references them. Never, Nobody 626 00:33:42,520 --> 00:33:45,600 Speaker 1: ever like draws a metaphor or sites a key line 627 00:33:46,040 --> 00:33:46,840 Speaker 1: or they have. 628 00:33:47,280 --> 00:33:50,320 Speaker 2: This reminds me of what never. Yeah, as art, they 629 00:33:50,320 --> 00:33:51,680 Speaker 2: have no mind share. It's interesting. 630 00:33:54,120 --> 00:33:58,280 Speaker 1: And there's Jodren this show with the couple Katie Green 631 00:33:58,480 --> 00:34:01,760 Speaker 1: and Michael langel Lloyd. There friends, They're like that, why 632 00:34:01,800 --> 00:34:05,040 Speaker 1: are you lurking in the store? The final thought? 633 00:34:05,120 --> 00:34:07,280 Speaker 8: People, they have to go. 634 00:34:08,840 --> 00:34:12,239 Speaker 1: Whoever that is is lurking at the edge of the woods. Uh, 635 00:34:12,480 --> 00:34:15,000 Speaker 1: here's your host for final thoughts, Joe Oh Geddy. Let's 636 00:34:15,000 --> 00:34:16,640 Speaker 1: get a final thought from everybody on the crew. To 637 00:34:16,640 --> 00:34:19,800 Speaker 1: wrap up the show. There is Michael Langelower, technical director, Michael, 638 00:34:19,800 --> 00:34:22,200 Speaker 1: what's your final thought? I'm looking forward to one more 639 00:34:22,239 --> 00:34:25,319 Speaker 1: thing today. Katie stopped me this morning and said I 640 00:34:25,360 --> 00:34:27,520 Speaker 1: got a really good thing for one more thing today 641 00:34:27,640 --> 00:34:30,080 Speaker 1: and she did want to reveal what it was. So awesome, 642 00:34:30,440 --> 00:34:33,080 Speaker 1: so too now all right, great? Speaking of Katie Green, 643 00:34:33,120 --> 00:34:35,479 Speaker 1: are esteemed and use woman? Katie, what's your final thought. 644 00:34:35,640 --> 00:34:38,239 Speaker 2: My final thought is that I am feeling a new 645 00:34:38,320 --> 00:34:40,640 Speaker 2: form of anger every time I hear cis woman. 646 00:34:41,360 --> 00:34:44,720 Speaker 1: Yeah, oh, I know, I know. Don't seed that ground 647 00:34:44,800 --> 00:34:48,640 Speaker 1: to the radicals. Don't use their invented terminology. Jack of 648 00:34:48,719 --> 00:34:50,160 Speaker 1: funnel thought. Yeah, I'm going to try to. 649 00:34:50,160 --> 00:34:52,840 Speaker 2: Pull myself out of reading any of your all comments 650 00:34:52,880 --> 00:34:55,360 Speaker 2: on anything, and whether you're commenting on us or just 651 00:34:55,719 --> 00:35:00,400 Speaker 2: stuff in general, the comment section of the world is 652 00:35:00,440 --> 00:35:01,560 Speaker 2: a disease. 653 00:35:01,440 --> 00:35:04,719 Speaker 1: And it will only make you less happy. That has 654 00:35:04,800 --> 00:35:07,719 Speaker 1: been my experience, and give you a distorted idea of 655 00:35:07,719 --> 00:35:11,960 Speaker 1: what people think. Very much. Yeah, yeah, anyway, to quote 656 00:35:12,320 --> 00:35:14,080 Speaker 1: a great piece in the Free Press. If we think 657 00:35:14,200 --> 00:35:19,040 Speaker 1: female means human beings with low circulating osterone, then of 658 00:35:19,040 --> 00:35:21,239 Speaker 1: course anyone who fits that category should be allowed to 659 00:35:21,239 --> 00:35:23,560 Speaker 1: play in female sports. But most Americans do not take 660 00:35:23,560 --> 00:35:27,440 Speaker 1: that view about what a woman is, and never have. 661 00:35:29,000 --> 00:35:31,600 Speaker 1: I've recognized the difference between men and women and been 662 00:35:31,640 --> 00:35:35,120 Speaker 1: delighted by it from a very early age. Trust me, 663 00:35:35,160 --> 00:35:39,360 Speaker 1: I'm an expert. Armstrong and Getdy rabbing up another grueling 664 00:35:39,480 --> 00:35:42,200 Speaker 1: for our workday. So many people, thanks so a little time. 665 00:35:42,200 --> 00:35:44,080 Speaker 1: Go to armstrong and geddy dot com. Drop us a 666 00:35:44,239 --> 00:35:47,640 Speaker 1: reasonable intelligent note male bag at Armstrong and Geddy dot com. 667 00:35:47,719 --> 00:35:50,720 Speaker 1: Hit the hotlings, hit Katie's corner, pick up some swag, 668 00:35:50,800 --> 00:35:54,120 Speaker 1: get the fiolickin party T shirt. We're about to have 669 00:35:54,160 --> 00:35:58,239 Speaker 1: our first convention next year. We're not not really, We'll 670 00:35:58,239 --> 00:36:06,319 Speaker 1: see you tomorrow. God bless them. Erica Audio Smofo. It's 671 00:36:06,320 --> 00:36:09,320 Speaker 1: a hustle. Yeah, it's kind of bogus. It's a wild animal. 672 00:36:09,440 --> 00:36:12,080 Speaker 1: Joey baby. Yes, we drank beer. I tell you what. 673 00:36:12,160 --> 00:36:14,360 Speaker 1: You got a tiger and two monkeys. You get a 674 00:36:14,360 --> 00:36:18,719 Speaker 1: case of beer. You got a party. Experts. Tell me 675 00:36:19,120 --> 00:36:22,160 Speaker 1: all bloody hell is going to break loose. Okay, then 676 00:36:22,280 --> 00:36:26,600 Speaker 1: we'll bring this fool in. Your name's not but three 677 00:36:26,719 --> 00:36:29,880 Speaker 1: thousand you yoho and that high note. Thank you all 678 00:36:29,960 --> 00:36:31,880 Speaker 1: very much, Armstrong and Getdy