Speaker 1: Broadcasting live from the Abraham Lincoln Radio Studio, the George
Speaker 1: Washington Broadcast Center, Jack Armstrong, Joe, Katty Armstrong, and Jackie
Speaker 1: and He arms wrong yet live from Studio c S.
Speaker 2: It is a dimly lit room deep within the bowels
Speaker 2: of the Armstrong and Getty Communications compound.
Speaker 1: Midweek and today.
Speaker 2: We're under the tutelage of our general manager.
Speaker 1: Girls. Girls, girls. It's a thing, women, females.
Speaker 2: It's a thing, a specific thing, always has been, always well,
Speaker 2: be forever and ever.
Speaker 1: Amen.
Speaker 2: Yeah, and you're basing this on the Supreme Court oral
Speaker 2: arguments from yesterday.
Speaker 1: I'm guessing I am. Indeed.
Speaker 2: Ironically, the oral arguments were somewhat to genital arguments as well.
Speaker 2: But Uey, what said to you. I'm the I'm your
Speaker 2: legal reporter, and I'd bring it to you. Oooh, I
Speaker 2: almost said something. Really Yet it's a straight I bring
Speaker 2: it to you straight.
Speaker 1: The facts, sir, the fact.
Speaker 2: For some reason, I knowing why, this just popped into
Speaker 2: my head because this is what we are talking about.
Speaker 2: Trump flipping off that guy yesterday, I don't know, Whang
Speaker 2: mid nice.
Speaker 1: Well and the guy.
Speaker 2: The fact that the guy was, you know, all the
Speaker 2: things you could be yelling at Trump about the guy's
Speaker 2: like an Epstein fanatic.
Speaker 1: Yeah, yeah, what the hell?
Speaker 2: Not the Minnesota thing, not the Fed, not the Lovefair.
Speaker 1: Not Maduro, not Irn. No, it's freaking Epstein.
Speaker 2: If you don't know where talking about Trump the economy.
Speaker 2: Trump was touring the Ford plant and some guy was
Speaker 2: hackling him and yelling at him, you're a pedophile protector,
Speaker 2: I guess yeah, and Trump said and flipped him off,
Speaker 2: which is a heck of a thing. But they're in public. Yeah, yeah,
Speaker 2: I mean it's the sort of thing that like LBJ
Speaker 2: would have done behind the scenes, and we would still
Speaker 2: be giggling about it today, as tape has been found
Speaker 2: of LBJ saying f you to a protester. Now, some
Speaker 2: of you who are into the Epstein story, I've already
Speaker 2: seen this commentary that man that really got under his skin,
Speaker 2: didn't it in a way that other things might not. Okay,
Speaker 2: the whole Epstein thing. So you hang in there, You
Speaker 2: hang in you hang in there. We're going to get
Speaker 2: into play in some of the clips from the oil
Speaker 2: arguments from the Supreme Court taken up finally, the topic
Speaker 2: of is there such things as boys and girls and
Speaker 2: should girls participate in boys or should boys be in girls' sports?
Speaker 2: And blah blah blah, all that sort of stuff that
Speaker 2: we should have probably settled several years ago. What's your
Speaker 2: takeaway from reading a lot about this and listening to it.
Speaker 1: Where do you think the Supreme Court is on this?
Speaker 2: It's almost certainly going to go the right way. It's
Speaker 2: you got you know, it's a cliche at this point.
Speaker 2: You can't leap to too many judgments for the reasons
Speaker 2: we've discussed many times. Sometimes they will ask tough questions
Speaker 2: of the person they agree with to make sure their
Speaker 2: argument is solid, and it sounds like skepticism, but it's
Speaker 2: just care, it's just thoroughness. But having said that, even
Speaker 2: like Ilanta Kagan, who I said k JB kbj JP
Speaker 2: K is DEI hire or something yesterday, Ilanta Kagan is brilliant.
Speaker 2: She is a brilliant legal mind. I mean just amazing.
Speaker 2: Agree with her a lot, but boys, she's smart. Even
Speaker 2: she seemed to and we'll play the relevant audio later on,
Speaker 2: but she seemed to realize that you can't like carve
Speaker 2: out a sub section of women, that is dudes who
Speaker 2: claim to be women and took lots of hormones and
Speaker 2: maybe puberty blockers to the point that blank blank blank,
Speaker 2: according to science, that is that is that a and
Speaker 2: they get to be honorary women.
Speaker 1: It's just unworkable.
Speaker 2: Do you think it's going to have greater ramifications around
Speaker 2: the whole trans issue than just the idea of boys
Speaker 2: and girls sports in high school? I yes, although, boy,
Speaker 2: the soups are good at narrowing the effects of their
Speaker 2: decisions when they want to. I don't understand how it
Speaker 2: couldn't have a wider effect, but you know, it remains
Speaker 2: to be seen.
Speaker 1: I mean, look it.
Speaker 2: You know what I think jack, the big effect is.
Speaker 2: And it's a shame that this is true, but I
Speaker 2: think it's true. It will give permission to many, many people,
Speaker 2: people of authority and just average people to say, you know,
Speaker 2: there's men and there's women, and that's just a simple
Speaker 2: fact at which which for some reason has gone out
Speaker 2: of fashion in the first in the last ten completely
Speaker 2: effing insane years.
Speaker 1: Yeah, it's like the Ricky Gervais thing.
Speaker 2: And I don't remember what his premise is, but it's
Speaker 2: something about, you know, no nobody made rules for this
Speaker 2: ten years ago, because.
Speaker 1: We didn't think we had to. Well, right, it was absurd.
Speaker 2: It would be absurd to even bring it up, which
Speaker 2: you know, the neo Marxist exploit.
Speaker 1: But that's discussion for another moment.
Speaker 2: Got to be so crazy. If you could have a
Speaker 2: time machine to be able to go back in time
Speaker 2: and and like ask somebody a question about this and
Speaker 2: have them say what I mean, you wouldn't have to
Speaker 2: going back far either, Like when Barack Obama was president?
Speaker 1: Can you ask some people about this stuff? And they
Speaker 1: would say, what are you talking about?
Speaker 2: We're thinking of putting a rapist in a women's prison
Speaker 2: because now he wears a wig? Wait, why don't don't
Speaker 2: you don't even know to go that far down the line,
Speaker 2: just because this happened to me at the restaurant last night.
Speaker 1: Just we're gonna start.
Speaker 2: We're gonna change all the restaurant restrooms at this restaurant
Speaker 2: to be multi gender boys.
Speaker 1: And girls neither.
Speaker 2: Yeah, we're gonna we're gonna put on their gender neutral
Speaker 2: what sorry, ladies, welcome to pee on the floor. And
Speaker 2: you'd say, what, I've never been to a restaurant that
Speaker 2: had gender neutral bathrooms?
Speaker 1: What's that all about? I mean, it would be such
Speaker 1: a conversation. Yeah, yeah, why are you doing that?
Speaker 2: I can't imagine why, Katie, I've never seen so much
Speaker 2: eye rolling, hand in head, forehead slapping in the introductory
Speaker 2: segment before you are right.
Speaker 3: Yeah, I'm just praying that in the future I can
Speaker 3: tell my son, son, you're never gonna guess what we
Speaker 3: lived through, and he's going to be shocked that all
Speaker 3: of this happened, because hopefully it's over.
Speaker 2: Well, listen at the bigot already determining the gender for
Speaker 2: the child. Wow, that was beautiful, right right, Well, and
Speaker 2: he'll say, but why did people go along with it?
Speaker 2: You'll have to tell him, Well, they were afraid to
Speaker 2: argue against those people because they were really, really mean,
Speaker 2: And because a big guy who was a drug addict
Speaker 2: fighting the cops got suffocated in Minneapolis at our attack
Speaker 2: or whatever, nobody could argue with anything the extreme left said,
Speaker 2: and he'd think, what the hell, and he'd go out
Speaker 2: and play ball. Yeah, it's gonna be a long story, kid, Yeah, Yeah,
Speaker 2: I hope some great books or documentaries are made just
Speaker 2: on the bigger question of how something can catch on
Speaker 2: and culturally get deemed by enough of the elite to
Speaker 2: be you know X, right, even though a majority of
Speaker 2: people think why but X wins the day for a while,
Speaker 2: just out of fear of losing your job. Right, and
Speaker 2: in spite of the mountains of evidence to the contrary,
Speaker 2: Yeah and common sense. Oh yeah, yeah, yeah, so true.
Speaker 2: You know. I will make this my final comment, and
Speaker 2: it I wish it were more widely said, understood. Retweeted something,
Speaker 2: but what are you gonna do? You're an effeminate male
Speaker 2: or a butch female. Maybe you're gay, whatever, Maybe you
Speaker 2: don't know which way you swing, you don't swing at all.
Speaker 1: Whatever.
Speaker 2: I a conservative say, hey, you be you. You're exactly
Speaker 2: the way you're supposed to be. Enjoy your life, be happy.
Speaker 2: The other side says, we need to carve you up
Speaker 2: surgically and feeds you powerful experimental chemist chemicals.
Speaker 1: Either and I'm the bigot in this. Uh so we
Speaker 1: got a good Supreme Court clip. So let's let's start
Speaker 1: the show Officially.
Speaker 2: I'm Jack Armstrong, He's Joe Getty on this How did
Speaker 2: it already get to be Wednesday? Help Day, January fourteenth,
Speaker 2: the year twenty twenty six, Where Armstrong and getting we
Speaker 2: approve of this program?
Speaker 1: All right, men, women, neither both.
Speaker 2: Let's begin the show officially according FCC rules, rags at.
Speaker 4: Mark for equal protection purposes, What does what does it
Speaker 4: mean to be a boy or a girl, or a
Speaker 4: man or a woman.
Speaker 5: I think that the underlying enactment, whatever it was, the policy,
Speaker 5: the law, the would have to we'd have to have
Speaker 5: an understanding of how the state or the government was
Speaker 5: just understanding that term to figure out whether or not
Speaker 5: someone was excluded. We do not have a definition for
Speaker 5: the court.
Speaker 2: Yeah, yeah, I do you need one?
Speaker 1: Can I step in?
Speaker 2: And so the question was if you how are we
Speaker 2: having a discussion about men and women if you're claiming
Speaker 2: there's no such thing as men?
Speaker 1: Or went, yeah, well a.
Speaker 2: But a but a but a but a but a
Speaker 2: but a but a but a but a we don't
Speaker 2: have a definition.
Speaker 1: But jaymon, folks.
Speaker 2: And not only was this stuff take it seriously, you
Speaker 2: didn't dare speak against it for a cup of coffee.
Speaker 2: So one year one word definition for JJ, Well, I
Speaker 2: would go with O varvar.
Speaker 1: Should probably touch on my kids.
Speaker 2: And I got kind of worked up about this yesterday
Speaker 2: as playing some clips as we're driving around some news clips.
Speaker 2: This next twenty four hours or forty eight hours in
Speaker 2: Iran is a really big deal.
Speaker 1: Might already be too late.
Speaker 2: And uh, Trump is vowing that he's not going to
Speaker 2: let the the the bad guys, the Mullahs, the Iatola
Speaker 2: get out of hand.
Speaker 1: But it's already out of hand.
Speaker 2: So, I mean, if our standard is you can't kill protesters,
Speaker 2: CBS was reporting, I thought it was interesting all the
Speaker 2: other networks were going with the lower numbers of how
Speaker 2: many protesters have been killed thousand, two thousand wherever CBS
Speaker 2: said twelve thousand, maybe as high as twenty, right, And
Speaker 2: if they killed twenty thousand protesters, I don't know what
Speaker 2: your standard is, President Trump for if they start killing protesters, but.
Speaker 1: Twenty thousand sounds like a lot.
Speaker 2: And the Mulas are vowing to hang people in the
Speaker 2: streets in public, starting this morning or last night.
Speaker 1: Yeah. Yeah.
Speaker 2: The head of the Justice Department over there is vowed
Speaker 2: swift trials like today, hanging people arrested yesterday, tried today,
Speaker 2: hanged tonight, yeah, hung by the by the dozens, probably hundreds.
Speaker 2: And Trump says no, So where that leaves things, I
Speaker 2: don't know. We'll check in on that story in a
Speaker 2: little bit too. I've got Katie's headlines on the way
Speaker 2: you can text us four one five two nine five KFTC.
Speaker 2: I mean Trump yesterday said hey, to the people of Iran,
Speaker 2: you know, keep the name of your abusers because they're
Speaker 2: going to pay a price when this is over. Like
Speaker 2: you know, clearly the revolution is going to be successful
Speaker 2: and we're on the way to help. You can't say
Speaker 2: stuff like that and not get involved, can you. I
Speaker 2: wouldn't think, so help is on the way. Come on, well,
Speaker 2: you got to do something, right. I would think I
Speaker 2: don't know what that something's going to be, though, Oh,
Speaker 2: there's so much going on. I was remarking during the
Speaker 2: break to our brethren here on the show that I
Speaker 2: wish I was wearing my f Yoliican Party T shirt
Speaker 2: because I've never felt more like that.
Speaker 1: Both sides are making me insane. But what are you
Speaker 1: going to do?
Speaker 2: I think they're a low Oh you're with you the
Speaker 2: same way you're with half of America as a decline
Speaker 2: to state a party. Oh at least, well I'll go
Speaker 2: ahead and state a party. But I think that that
Speaker 2: sentiment of yeah I'm a Republican, but yeah I'm a Democrat.
Speaker 2: But it's stronger than it's been for a very long time. Anyway,
Speaker 2: lots to talk about. Let's figure out who's reporting what
Speaker 2: it's lead story with Katie Green Katie, all righty.
Speaker 3: All the alphabet networks are talking about Greenland, so let's
Speaker 3: start with those. ABC analysts say US talks post conundrum
Speaker 3: for Greenland and Denmark, NBC buying Greenland could cost as
Speaker 3: much as seven hundred billion dollars, and CNN. Trump says,
Speaker 3: quote anything less than US control of Greenland is unacceptable.
Speaker 2: When I hear people talk about buying Greenland, which has
Speaker 2: been discussed seriously, does that mean they become a state?
Speaker 1: Then?
Speaker 2: If we buy Greenland as a territory protectorate, there are
Speaker 2: all sorts of legal classifications. I only have understand.
Speaker 1: From the Washington Post.
Speaker 3: Trump hints at Iran decision as advisors meet to prepare
Speaker 3: strike options.
Speaker 1: Yeah.
Speaker 2: I was watching that interview with Trump on CBS last
Speaker 2: night with Tony what's his name? And Tony what's his name? Said,
Speaker 2: did you hear they're gonna start hanging people in Trump said, what, No,
Speaker 2: I did not hear that. But if they do that,
Speaker 2: you know, boy boy, where does he get his info?
Speaker 1: I don't really know. I don't know, but there was
Speaker 1: something else I was going to say about that.
Speaker 2: What oh, our brave allies and friends in the Gulf,
Speaker 2: the Saudis, the katari Is, the Uaes are I'll saying, hey,
Speaker 2: don't don't don't hate a rand because that might screw
Speaker 2: up the oil shipments.
Speaker 1: And hanging all those people. What are you gonna do?
Speaker 1: We don't. We don't want our people to be mad
Speaker 1: that we helped you out.
Speaker 2: So let's let's let them all thos keep their their jobs.
Speaker 2: Thanks Saudis.
Speaker 3: From The New York Times, China announces record trade surplus
Speaker 3: as it's exports flood world markets.
Speaker 1: Yeah.
Speaker 2: Yeah, they're doing their their dumping of cheap Chinese crap
Speaker 2: on Europe now and.
Speaker 1: The rest of the world enjoy enjoy the crap. Yeah.
Speaker 3: From the Wall Street Journal, They've suffered a crushing run
Speaker 3: of injuries. They could win the Super Bowl anyway, talking
Speaker 3: about the Niners.
Speaker 1: What yeah, Wall Street Journal is picking the Niners. Yeah.
Speaker 2: Well, no, they're talking about how they've had more games
Speaker 2: lost to injury than any other teams, and anybody who's
Speaker 2: anywhere close won a total of eight games. The two
Speaker 2: teams that were close to them and the other playoff
Speaker 2: teams are on the other end, they've had the least injuries,
Speaker 2: and so the forty nine ers are like a miracle
Speaker 2: story of just finding guys on the street, off waivers, retired, whatever.
Speaker 1: Who can I agree with that?
Speaker 2: Yeah, it reaches its logical conclusion at some point though.
Speaker 3: From the New York Post, I eat up to one
Speaker 3: hundred live bugs a day. I love being the master
Speaker 3: of their destiny and how they massage my tongue.
Speaker 2: That. Well, there's somebody who's just gonna be a serial
Speaker 2: killer as soon as he gets around to it.
Speaker 1: Who's up with eating bugs?
Speaker 3: Oh it's this influencer guy.
Speaker 1: Oh, good for him. Yeah, you get your clicks. Weirdo.
Speaker 3: He's from His name's Carlos.
Speaker 1: He loves meal worms.
Speaker 2: Yeah.
Speaker 1: I'll tell you what if I gotta eat bugs.
Speaker 2: Far down the list of bugs I'm getting to is
Speaker 2: any kind of worm?
Speaker 1: Yeah? In his defense, the word meal is right in there.
Speaker 3: Study finds what if your skin could warn you about
Speaker 3: disease before symptoms appearing by glowing green? Okay, Scientists apparently
Speaker 3: have developed like a living skin that they can graft
Speaker 3: onto you that glows green when it detects inflammation.
Speaker 1: Wow, that's cool.
Speaker 2: Mislikes the swords that glowed blue in the The Lord
Speaker 2: of the Rings when the Orcs were nearby.
Speaker 1: All right, nerd, Yeah.
Speaker 3: Guilty, Jack said it, so I didn't have to thank you, guilty.
Speaker 3: And finally, the Babylon Bee US offers to trade its
Speaker 3: liberal women for Iranian women.
Speaker 2: Yeah.
Speaker 1: Man, that the raining women. Brave, brave, cool women trying.
Speaker 2: To stand up for some sort of freedom, and a
Speaker 2: bunch of them might get hung in the street today. Yeah,
Speaker 2: getting beat down in the streets as opposed to well,
Speaker 2: you've seen what happens on our streets. Yeah, we got
Speaker 2: more news of the day. We'll get into the Supreme
Speaker 2: Court oral arguments, among other things. If you missed a segment,
Speaker 2: get the podcast Armstrong and Getty on the.
Speaker 1: Mean Armstrong and Getty.
Speaker 2: I'm at that point of the year that between college
Speaker 2: football and NFL football, Kin and get sucked into this
Speaker 2: idea that every day practically there's an exciting game to watch,
Speaker 2: and then when there's not one, it almost seems weird.
Speaker 1: You know, Oh it's such a letdown.
Speaker 2: Yeah, Oh, everybody knows. Like the month or two after
Speaker 2: the Super Bowl is just a sports Wasteland, So.
Speaker 1: I us you're a big NBA fan, I guess.
Speaker 2: Anyway, So yesterday at the Supreme Court, they had oral
Speaker 2: arguments for a couple of transgender related cases, and without
Speaker 2: getting into kind of the the real details of the
Speaker 2: differences between the cases and the questions being asked, it
Speaker 2: was a really good chance for the Supreme Court to
Speaker 2: take a look at the idea that you have women's
Speaker 2: private spaces, spaces including sports leagues, bathrooms, whatever, they're set
Speaker 2: aside for women. The laws of the United States have
Speaker 2: always recognized that there are men and there are women.
Speaker 2: And Title nine, which was really really important for sports
Speaker 2: especially and just women's programs in general at universities and
Speaker 2: in education, said there's men, there's women, And in recent
Speaker 2: years there's men who say, yeah, I feel like a woman,
Speaker 2: so I'm a woman and have demanded access to those spaces.
Speaker 1: I think we've all followed that pretty well.
Speaker 2: And so finally the Supreme Court has taken on a
Speaker 2: couple of cases that really kind of get to the
Speaker 2: heart of that. And the oral arguments were super interesting yesterday,
Speaker 2: and it was just as a quick aside, there's a
Speaker 2: lot of stuff that's quite loyally in the oral arguments
Speaker 2: because they're figuring out not should dudes be able to
Speaker 2: go to bathroom in women's bathrooms.
Speaker 1: That's it's not like that.
Speaker 2: It's all about strict scrutiny and inner meat scrutiny and.
Speaker 1: Just stuff, and it gets complicated.
Speaker 2: I think it is almost handy that I'm not actually
Speaker 2: an attorney, because I understand what a lot of that
Speaker 2: stuff means. But my head gets bogged down and it
Speaker 2: just so I don't understand what it means. I don't
Speaker 2: know why you just can't yell at the Supreme Court
Speaker 2: there's a dude in the women's bathroom, and then they subtly, yeah,
Speaker 2: that's I'm actually in favor of that strict scrutiny. But anyway,
Speaker 2: So I want to play a handful of clips from
Speaker 2: the oral arguments yesterday that really kind of caught people's attention,
Speaker 2: or certainly should have. The first one I want to
Speaker 2: play is fifty five Michael. Its got a lot of attention.
Speaker 2: It's KBJ who infamously, horrifyingly, puke worthily uses the term
Speaker 2: cisgender girls in the court, as if we all agree
Speaker 2: that that is even a thing. No, that's the radical
Speaker 2: activists to introduce that whole term to us. I won't
Speaker 2: use it, and you shouldn't either. Anyway, here's Kabja in
Speaker 2: one of the attorneys.
Speaker 6: You have the overarching classification, you know, everybody has to
Speaker 6: be to play on the team that is the same
Speaker 6: as their sex at birth. But then you have a
Speaker 6: gender identity definition that is operating within that meaning a distinction,
Speaker 6: meaning that for CIS ginger girls they can play consistent
Speaker 6: with their gender identity, for transgender girls they can't.
Speaker 1: So I think that okay.
Speaker 7: As to the part about your ability to pass over
Speaker 7: from boy to girl, yes you can go from one way,
Speaker 7: but not the other. I want to be clear that
Speaker 7: BBJ is not challenging that specific classification. I think that's
Speaker 7: important to start with. But I think if anything, that's
Speaker 7: you know, we can bail here.
Speaker 2: Actually, just to shorten it a little bit. He I
Speaker 2: could hear, I'm a bit of a mind reader. I
Speaker 2: could hear in the guy's voice, it's not a friggin thing,
Speaker 2: the idea that this gender girls get to play in
Speaker 2: their gender preference sports, but trans girls don't get toothed.
Speaker 1: So that's discrimination. And the guy, you know, mentally rolled
Speaker 1: his eyes and thought, hope, for God's sake, all right.
Speaker 2: So what I was thinking when I heard that was Okay,
Speaker 2: your honor, there are other justice. Clearly we have to
Speaker 2: nail down whether or not this is a thing or not,
Speaker 2: because she just presented it as if it is. Yeah, right, exactly, yeah.
Speaker 2: And and look, here's here's the thing to know about KBJ.
Speaker 2: She is of the belief and I'm I'm as certain
Speaker 2: as I can be of this this.
Speaker 1: You know statement.
Speaker 2: She is of the belief that the laws of the
Speaker 2: United States of America and the Constitution are a manifestation
Speaker 2: of white supremacy and are stacked against the oppressed. Therefore,
Speaker 2: her mission as a Supreme child Court justice is not
Speaker 2: to interpret the law and interpret the Constitution and come
Speaker 2: down to come to an impartial decision based on serious analysis.
Speaker 1: Her job, as she seeses, is to get the right result.
Speaker 2: And so you know, she's going to be on the
Speaker 2: short end of a hell of a lot of sticks
Speaker 2: because the other justices, including at least one of the
Speaker 2: liberal types, are very serious about their jobs in a
Speaker 2: way that she isn't. Anyway, this got a lot of attention.
Speaker 2: We played you just a little bit of it fifty two.
Speaker 2: This is justice, Alito, May God grant him long, long, long,
Speaker 2: long life.
Speaker 1: Talking to one of the other attorneys for the bad guys.
Speaker 4: Well to pick up on the issue of discrimination on
Speaker 4: the basis of transgender status. Let me just go back
Speaker 4: to let me go to some basics. Do you agree
Speaker 4: that a school may have separate teams for a category
Speaker 4: of students classified as boys in a category of students classified.
Speaker 1: As girls, Yes, your honor.
Speaker 4: If it does that, then is it not necessary for
Speaker 4: there to be for equal protection purposes? If that is
Speaker 4: challenged under the equal protection clause? An understanding of what
Speaker 4: it means to be a boy or a girl, or
Speaker 4: a man or a woman. Yes, you're and what is
Speaker 4: that definition for equal protection purposes? What does what does
Speaker 4: it mean to be a boy or a girl, or
Speaker 4: a man or a woman?
Speaker 5: Sorry, And to centers to your question, I think that
Speaker 5: the underlying enactment, whatever it was, the policy, the law,
Speaker 5: the would have to we'd have to have an understanding
Speaker 5: of how the state or the government was just understanding
Speaker 5: that term to figure out whether or not someone was excluded.
Speaker 5: We do not have a definition for the court, and
Speaker 5: we don't take issue with the we're not disputing the
Speaker 5: definition here. What we're saying is that the way it
Speaker 5: applies in practice is to exclude birth sex males categorically
Speaker 5: from women's teams, and that there's a subset of those
Speaker 5: birth sex males where it doesn't make sense to do
Speaker 5: so according to the state's own interest.
Speaker 4: Well, how can you how can a court determine whether
Speaker 4: there's discrimination on the basis of sex without knowing what
Speaker 4: sex means for equal protection purposes?
Speaker 5: I think here we just know that we basically know
Speaker 5: that the that they've identified, pursuing to their own statute,
Speaker 5: Lindsay qualifies as a birth sex male, and she's being
Speaker 5: excluded categorically from the women's teams as the statute. So
Speaker 5: we're taking the statute definitions as we find them, and we.
Speaker 1: Don't dispute them.
Speaker 5: We're just trying to figure out do they create an
Speaker 5: equal protection problem.
Speaker 2: One of the smartest, most capable attorneys in America, indeed
Speaker 2: in the world, posed with the well, how are we
Speaker 2: supposed to judge this if we don't even define what
Speaker 2: a man or woman is?
Speaker 1: Responds with, you know, that's a state that's known as
Speaker 1: the Hamina hemana doctrine.
Speaker 2: Right, if you get asked a question and you have
Speaker 2: to go hamanahmina, you should lose, right, Yeah, exactly, just
Speaker 2: because when you get it down to the very basics,
Speaker 2: the question is unanswerable. There's no adequate answer. It's silly,
Speaker 2: which gets to one of my favorite tim of Sobol quotes,
Speaker 2: one of many I admire, where he said there are
Speaker 2: some ideas so idiotic, so foolish, only an intellectual.
Speaker 1: Could hold them.
Speaker 2: And he also has some great quotes about how the
Speaker 2: truth is often very very simple. It's in dishonesty that
Speaker 2: the complexity starts. And when you reduce the question to
Speaker 2: its essence, like Justice Ledo did to that very capable
Speaker 2: of very smart attorney, she couldn't answer it. You have
Speaker 2: to dress it up in the double speak of radical
Speaker 2: gender theory to offer any credible answer. And then one
Speaker 2: more clip. I really like this one, and I'm sorry
Speaker 2: I don't recall which attorney this was. It was for
Speaker 2: one of the states. He was in a conversation with
Speaker 2: Elena Kagan, who is, unlike KBJ, I think very serious
Speaker 2: about our job, an extremely capable, although I just agree
Speaker 2: with her a lot, and she was they were jowing
Speaker 2: about you have a class of people. Can be black,
Speaker 2: people can be blind, people can be men or women.
Speaker 1: How about disclimbers who are gay? I mean, no, which
Speaker 1: one is it? Anyway?
Speaker 2: So you have a class of people meaning a woman.
Speaker 2: And the other side is attempting to say, when you.
Speaker 1: Apply the law and apply that.
Speaker 2: Class, there are some people like these transgender people.
Speaker 1: Who are a dude.
Speaker 2: Yes, but they they're weak and they're womanly, and so
Speaker 2: the class.
Speaker 1: Shouldn't apply to them.
Speaker 2: And this attorney is responding to that notion, to my mind,
Speaker 2: quite brilliantly because she asks them, if we allowed that,
Speaker 2: what would that look like?
Speaker 8: In fifty Michael, I'm having trouble coming up with what
Speaker 8: it could look like, because it will always be possible
Speaker 8: to carve the class down further, right, I mean, so
Speaker 8: if they say that their class, that they're their subclass
Speaker 8: I guess subclass of males is males who identify as transgender,
Speaker 8: then we would come back and say, well, only something
Speaker 8: like ten percent of males who identify as transgender take
Speaker 8: the testosterone suppression. And then they might say, well, okay, no,
Speaker 8: the class is just the males who take the distosterrum suppression,
Speaker 8: and then we might come back and say, well, according
Speaker 8: to the record, according to their own expert, of males
Speaker 8: who take testosterone suppression, only one quarter of them are
Speaker 8: able to achieve the appropriate you like to able achieve
Speaker 8: ordinary levels of testosterone for women, and the other three
Speaker 8: quarters would still have an advantage, and therefore we'd be justified.
Speaker 8: Seventy five percent pretty good fit and an intermediate scrutiny,
Speaker 8: and we'd be justified with the law.
Speaker 1: But then they can just change the class again.
Speaker 8: They can say, aha, no, our class is males who
Speaker 8: identify as transgender, who suppressed their testosterone and who suppessed
Speaker 8: their testosterone successfully and are able to get it down
Speaker 8: to where they don't have a competitive advantage. And at
Speaker 8: that point and say, if you can define the class
Speaker 8: so precisely, you're going to force the state to define
Speaker 8: the class that precisely. It's going to be enormously burdensome
Speaker 8: for everyone. And the state can never win because whenever
Speaker 8: the state points to the fit in the statute, do
Speaker 8: they just redefine their class as only the people who
Speaker 8: are outside the fit.
Speaker 1: Thank you, There you go, there you go.
Speaker 2: It never ends, all right, How about a transgender person
Speaker 2: who's successfully suppressed their hormones to the female level and
Speaker 2: is very weedy and effeminate, but has a skeleton of
Speaker 2: bone size and density that's much closer to the male
Speaker 2: media than the female meeting.
Speaker 1: All right, well, then.
Speaker 2: Our new class is trans whose bones are but they
Speaker 2: should be allowed to participate in girls' sports? Are you
Speaker 2: blanking kidding me? And the Justice Kagan said, yeah, thank you.
Speaker 1: So I've heard.
Speaker 2: I've heard most people say that this is going to
Speaker 2: be one of those rulings that probably comes out in June.
Speaker 2: At the end, I wish it wouldn't. I mean, if
Speaker 2: they if there's anything like unanim unit, all of them
Speaker 2: are green. U. They should get it out soon because
Speaker 2: high school sports are going on, you know, lots of
Speaker 2: them are.
Speaker 1: Going on this spring. Yeah.
Speaker 2: People are being shoved off podiums and losing state records.
Speaker 4: Yeah.
Speaker 2: Well you get to that ruling right away. If they,
Speaker 2: you know, have a pretty clear consensus. Yeah, could there
Speaker 2: be some sort of preliminary injunction. I'm out of my
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Speaker 2: I observed some high school basketball just last night, as
Speaker 2: my son plays the drums in the pep band thing,
Speaker 2: and the girls high school basketball and the boys high
Speaker 2: school basketball, and it's a different thing. I mean, with
Speaker 2: rare exceptions. Are you going to have a girl that
Speaker 2: could hang with the guys?
Speaker 1: Yeah?
Speaker 2: Well, and as I always go back to, having coached
Speaker 2: sports for years and years and years, including the fairly
Speaker 2: little kids, the speed and violence of the boys, and
Speaker 2: how much faster and more violent it is than the girls,
Speaker 2: emerges at a very young age, very young, certainly pre puberty,
Speaker 2: one hundred percent pre puberty. They have to bring in
Speaker 2: Serena Williams and let her say I'd losing straight sets
Speaker 2: to whoever she was talking about, a number one hundred
Speaker 2: and twenty five player or whatever was Yeah, yeah, okay.
Speaker 1: We've got mail bag on the way.
Speaker 2: Lots of news today, stay with us. One of the
Speaker 2: questions of the day, what does help is on the
Speaker 2: way mean? Because that's what Trump truthed out yesterday to
Speaker 2: the people of Iran. Does that mean bombs dropping out
Speaker 2: of planes? Or does that mean will help get your
Speaker 2: internet going?
Speaker 1: Or I don't know what that means? Or just some
Speaker 1: good moral support. You get them right, Jack.
Speaker 2: Next hour, I hope to get to an email from
Speaker 2: a listener who's more angry at me than perhaps any
Speaker 2: listener has ever been. Into the history of the show.
Speaker 2: The topic matter will shock you.
Speaker 1: Okay, stay with us.
Speaker 2: Here's your freedom hating quote of the day, quoting dictators and.
Speaker 1: Cruel despots throughout history and how they view the world.
Speaker 2: It's kind of useful as the flip side of freedom.
Speaker 2: Finishing up our series of Vladimir Lenin, who said a
Speaker 2: lie told off enough becomes the truth, and give me
Speaker 2: just one generation of youth and I'll transform the whole world.
Speaker 1: Chilling this. It is, of.
Speaker 2: Course, much easier to shout abuse and howl than to
Speaker 2: attempt to relate, to explain that's true, boy, mailbag, sometimes.
Speaker 1: You get exasperated as a parent.
Speaker 2: You go with that because I said so, But Dad,
Speaker 2: you're just howling at me. I don't have time to explain.
Speaker 2: To do it right, Catam, I'll drop a SnO mailbag
Speaker 2: at Armstrong and Getty dot com. I love this from Adam.
Speaker 2: I think it'd be good for the Supreme Court to
Speaker 2: decide the sanctuary city legality before they decide the boys
Speaker 2: and girls sports thing. I could see looney tuned states
Speaker 2: like California being a trans sanctuary state.
Speaker 1: They already are.
Speaker 2: To fight against Trump's Preme Court. Maybe that's two tinfoil half,
Speaker 2: But years ago, sanctuary city for illegals would have been
Speaker 2: the same, right, crazy, Those are two things they should
Speaker 2: have dealt with years ago. Is there such thing as
Speaker 2: a sanctuary city? And what's the deal with the whole
Speaker 2: trans deal? So both of those things should have just
Speaker 2: been I don't know, some sort of They gotta have
Speaker 2: some sort of special.
Speaker 1: These are two big issues we gotta settle. Yeah.
Speaker 2: Meanwhile, the Supreme Court's like, hey, Congress, can you deal
Speaker 2: with this crap?
Speaker 1: Please you do anything? Write some laws? Moving along?
Speaker 2: Your brilliant idea jack of wearing a bunch of T
Speaker 2: shirts at a presidential debate with Gavin Newsom that would
Speaker 2: merely have big pictures of the various cities of California
Speaker 2: that have gone to hell, and every question and every answer,
Speaker 2: you would just point to a picture of the squalor
Speaker 2: of California then peel it off to the next T shirt.
Speaker 1: Does that roughly describe your strategies?
Speaker 2: Yes, here's a picture of downtown modesto with almost people
Speaker 2: everywhere anyway, the fabulous Sean Wrights. So all I can
Speaker 2: think is the moderators asked the Republican candidate to not
Speaker 2: continue taking off his shirts, et cetera, and he could
Speaker 2: reply with total exasperation, it's a shirt.
Speaker 1: What do you do with the shirt? You put it on,
Speaker 1: you take it off, you moron.
Speaker 2: I hope I did an adequate imitation of last year's
Speaker 2: clip of the year.
Speaker 5: Drive That's why people do in their driveways more.
Speaker 2: I would have to work on my invitation of that
Speaker 2: guy to get it exactly right.
Speaker 1: That is fantastic.
Speaker 2: On the subject of Catangi Brown Jackson KBJ. KBJ is
Speaker 2: the final DEI hr boss Aaron Wrights. We're absolutely stuck
Speaker 2: with her for an entire generation. I now fully understand
Speaker 2: why scot disappointees must be brutally interrogated before getting the job.
Speaker 1: What a nightmare.
Speaker 2: Then this from Ryan in Houston, dear cold warrior, an
Speaker 2: old fancy jack. Two things can be true. One, we
Speaker 2: need need people to enforce immigration laws. Two, there are
Speaker 2: plenty of ice agents that I wouldn't want to have
Speaker 2: the power they have. You know, I read an incredibly
Speaker 2: persuasive piece by a very very serious commentator about the
Speaker 2: lack of professionalism, strategy, and tactics that ICE exhibited in Minnesota,
Speaker 2: which led to which certainly was a part of the violence.
Speaker 2: I saw a couple of clips on MSNBC. If they
Speaker 2: weren't taken out of context or misrepresented or something, they
Speaker 2: were highly troubling.
Speaker 1: Yeah, there's truth on both sides.
Speaker 2: We all need to ratchet everything down, calm the hell down,
Speaker 2: and be smart. Stop being angry and emotional and be smart.
Speaker 2: Let's see, we can't be putting people on the ground
Speaker 2: who are US citizens because they don't have their driver's
Speaker 2: license in their pocket, right right, I would agree, we
Speaker 2: don't want that in America. And then Ryan mentions he's
Speaker 2: starting a new Armstrong and Getty. Read it under Armstrong
Speaker 2: Getty no Space, Armstrong Getty no space.
Speaker 1: If you're into that sort of thing. Let's see, we
Speaker 1: don't really have time to squeeze that in.
Speaker 2: We'll squeeze a little more email later on, including the
Speaker 2: person who's murderously angry at me. The cause of the
Speaker 2: anger will shock you. So that's a Reddit thread, a
Speaker 2: new Reddit thread. You said, yes, sir, if I'm ever
Speaker 2: feeling too good about myself or too I don't know,
Speaker 2: self important, or something like that. I go to some
Speaker 2: of these things our Facebook page, our Reddit thread, or whatever,
Speaker 2: and listen to people criticize me and then bring me
Speaker 2: back to life. If you missed a segment, gets the
Speaker 2: podcast Armstrong and Getty on demand Armstrong and Getty