1 00:00:00,920 --> 00:00:04,160 Speaker 1: As I promised you in yesterday's show, I was going 2 00:00:04,200 --> 00:00:05,840 Speaker 1: to have a good friend of mine, my former roommate 3 00:00:05,880 --> 00:00:08,080 Speaker 1: on who's now the Attorney General of West Virginia, and 4 00:00:08,280 --> 00:00:11,559 Speaker 1: had an incredible moment at the Supreme Court fighting to 5 00:00:11,640 --> 00:00:16,520 Speaker 1: keep boys acting like girls out of women's sports. This 6 00:00:16,600 --> 00:00:19,320 Speaker 1: is a case that is going to have repercussions all 7 00:00:19,320 --> 00:00:21,640 Speaker 1: over the country as the country's divided. 8 00:00:21,680 --> 00:00:22,720 Speaker 2: Basically on this issue. 9 00:00:22,760 --> 00:00:26,800 Speaker 1: About half the country states in the country allow boys 10 00:00:26,800 --> 00:00:28,840 Speaker 1: to play in girls' sports. The other half said no. 11 00:00:28,920 --> 00:00:30,720 Speaker 1: We're now at the Supreme Court over this. 12 00:00:31,280 --> 00:00:31,520 Speaker 2: JB. 13 00:00:31,760 --> 00:00:34,320 Speaker 1: It's always a pleasure to see you fighting for something 14 00:00:34,360 --> 00:00:36,360 Speaker 1: that is such a big deal to you, and we 15 00:00:36,440 --> 00:00:38,120 Speaker 1: have time to set the stage. This has been an 16 00:00:38,159 --> 00:00:41,200 Speaker 1: exhausting twenty four hours. It's been exhausting court case in general. 17 00:00:41,960 --> 00:00:45,760 Speaker 1: You have daughters, I've got sons. I try to put 18 00:00:45,760 --> 00:00:49,239 Speaker 1: myself in your situation when you became the age and 19 00:00:49,280 --> 00:00:52,159 Speaker 1: you're fighting to protect your daughters in sport, trying to 20 00:00:52,159 --> 00:00:53,280 Speaker 1: make sure that boys. 21 00:00:53,000 --> 00:00:55,880 Speaker 2: Are out of their locker rooms, out of their sports. 22 00:00:55,880 --> 00:00:58,920 Speaker 1: The number of injuries to women and young girls when 23 00:00:58,960 --> 00:01:01,480 Speaker 1: they have to play with boys skyrockets after the age 24 00:01:01,520 --> 00:01:05,800 Speaker 1: of like two three four five. And we've seen major 25 00:01:05,800 --> 00:01:08,400 Speaker 1: injuries to women in high school and college sports when 26 00:01:08,400 --> 00:01:11,080 Speaker 1: they're forced to play, plus just the invasion of their 27 00:01:11,080 --> 00:01:13,280 Speaker 1: privacy to the locker room. We've seen sexual assaults in 28 00:01:13,319 --> 00:01:15,800 Speaker 1: those locker rooms. All of the things that now made 29 00:01:15,800 --> 00:01:18,040 Speaker 1: this come to an issue. But you decided to lead 30 00:01:18,080 --> 00:01:19,840 Speaker 1: on this issue, and you wanted this to get to 31 00:01:19,840 --> 00:01:21,040 Speaker 1: the Supreme Court, and it did. 32 00:01:21,440 --> 00:01:24,920 Speaker 2: Yeah, So interestingly enough, we got sued. And so the 33 00:01:25,000 --> 00:01:27,760 Speaker 2: reason we were in the Supreme Court was because the 34 00:01:27,800 --> 00:01:31,679 Speaker 2: ACLU sued West Virginia within hours of us passing a 35 00:01:31,760 --> 00:01:36,279 Speaker 2: common sense law that simply says that biological men cannot 36 00:01:36,319 --> 00:01:39,800 Speaker 2: play sports against biological females. And that makes sense because 37 00:01:39,800 --> 00:01:43,319 Speaker 2: we have to create spaces where women have a safe 38 00:01:43,360 --> 00:01:46,480 Speaker 2: and fair playing field in order for them to experience 39 00:01:46,520 --> 00:01:49,720 Speaker 2: all the unbelievable things that competitive sports bring. And you 40 00:01:49,760 --> 00:01:53,000 Speaker 2: and I were both NCAA athletes, right, We've both played 41 00:01:53,000 --> 00:01:57,000 Speaker 2: competitive sports. And one of the sort of underlying themes 42 00:01:57,000 --> 00:01:59,600 Speaker 2: that I've seen in this is that a lot of 43 00:01:59,600 --> 00:02:02,880 Speaker 2: people on the other side with the ACOU talk about 44 00:02:02,880 --> 00:02:05,200 Speaker 2: how I just want to have fun. These kids need 45 00:02:05,240 --> 00:02:07,040 Speaker 2: to be able to just have fun, and I don't 46 00:02:07,080 --> 00:02:10,519 Speaker 2: want kids to not have fun. But competitive sports matter. 47 00:02:10,639 --> 00:02:14,200 Speaker 2: And the reason why I keep repeating the word competitive 48 00:02:14,600 --> 00:02:17,560 Speaker 2: is because you can't learn the lessons about sports if 49 00:02:17,560 --> 00:02:20,040 Speaker 2: you're just there to enjoy yourself, because you have to 50 00:02:20,080 --> 00:02:23,480 Speaker 2: understand what it means to lose something that you really wanted. 51 00:02:23,520 --> 00:02:25,080 Speaker 2: You have to be able to look at yourself and 52 00:02:25,120 --> 00:02:28,799 Speaker 2: reflexively say, did I work hard enough? Yeah? Right? Did 53 00:02:28,840 --> 00:02:30,959 Speaker 2: I hit enough range balls? Did I hit enough serves? 54 00:02:30,960 --> 00:02:33,120 Speaker 2: Did I get enough shots up? Did I run enough laps? 55 00:02:33,160 --> 00:02:35,160 Speaker 2: Did I do enough sprints? Did I lift enough weights? 56 00:02:35,240 --> 00:02:35,400 Speaker 1: Right? 57 00:02:35,880 --> 00:02:39,160 Speaker 2: And if you have lost the race before the gun 58 00:02:39,200 --> 00:02:43,359 Speaker 2: even goes off, because your competitor has an extensive biological 59 00:02:43,400 --> 00:02:46,120 Speaker 2: advantage over you, there's no way to learn that lesson. 60 00:02:46,440 --> 00:02:49,400 Speaker 2: And so that's really the underpinning of all of this 61 00:02:49,600 --> 00:02:52,200 Speaker 2: is that I don't know that a lot of people 62 00:02:52,280 --> 00:02:55,920 Speaker 2: who are against us on this understand the value of 63 00:02:55,960 --> 00:03:02,040 Speaker 2: the competition as opposed to the entertainment value of the exercise. 64 00:03:02,560 --> 00:03:04,200 Speaker 2: You and I both know Riley Gaines. You've got to 65 00:03:04,200 --> 00:03:06,000 Speaker 2: know her pretty well through all this. I've got to 66 00:03:06,000 --> 00:03:07,160 Speaker 2: know her through all this as well. 67 00:03:07,680 --> 00:03:10,120 Speaker 1: Riley is a perfect example of someone that dedicated her 68 00:03:10,120 --> 00:03:13,320 Speaker 1: life to a sport to become the best at it, 69 00:03:13,440 --> 00:03:17,560 Speaker 1: not just compete in it, compete for an NCAA championship. 70 00:03:17,680 --> 00:03:20,200 Speaker 1: You only get, i argue, not four shots at it 71 00:03:20,240 --> 00:03:22,280 Speaker 1: because usually a freshman you're not in the running because 72 00:03:22,280 --> 00:03:24,800 Speaker 1: you're a freshman. You're getting better sophomore year usually or not. 73 00:03:24,880 --> 00:03:26,640 Speaker 1: It's usually your junior senior year that you might have 74 00:03:26,680 --> 00:03:29,240 Speaker 1: a shot at national individual title. Most of the time 75 00:03:29,240 --> 00:03:32,720 Speaker 1: it's a senior that wins, and she did everything right, 76 00:03:32,840 --> 00:03:35,680 Speaker 1: and then it was stolen from her because of a 77 00:03:35,680 --> 00:03:37,960 Speaker 1: guy that a year before, let's say a year before, 78 00:03:38,160 --> 00:03:41,800 Speaker 1: was competing with men, couldn't hack it and decide I'll 79 00:03:41,840 --> 00:03:44,440 Speaker 1: just ack like I'm a woman. And then not only 80 00:03:44,560 --> 00:03:47,880 Speaker 1: did he succeed, but the statistics also show that when 81 00:03:47,960 --> 00:03:50,680 Speaker 1: men choose to compete with women at the highest level 82 00:03:50,720 --> 00:03:53,280 Speaker 1: of sports in college is what I'm going to describe 83 00:03:53,280 --> 00:03:56,040 Speaker 1: it as. Now are the Olympics, they immediately take the 84 00:03:56,080 --> 00:03:59,120 Speaker 1: majority of the awards because there is such a difference 85 00:03:59,120 --> 00:04:00,320 Speaker 1: between men and women. 86 00:04:00,560 --> 00:04:01,880 Speaker 2: We witness this the other day. 87 00:04:02,160 --> 00:04:04,120 Speaker 1: Nick Kirios, who's ranked I think six hundred something in 88 00:04:04,160 --> 00:04:06,280 Speaker 1: the world right now, at the end of his career 89 00:04:06,440 --> 00:04:08,120 Speaker 1: after injuries, not playing played the. 90 00:04:08,160 --> 00:04:09,440 Speaker 2: Number one woman in the world. 91 00:04:09,600 --> 00:04:12,160 Speaker 1: They even made the court smaller for where he was 92 00:04:12,240 --> 00:04:17,000 Speaker 1: hitting into and demastor on a level that was almost entertainment. 93 00:04:17,440 --> 00:04:20,040 Speaker 1: It was like not even trying his hardest, and he's 94 00:04:20,080 --> 00:04:23,120 Speaker 1: still beat her easily. There is a difference between men 95 00:04:23,160 --> 00:04:26,000 Speaker 1: and women, saying people understand this, but the acou and 96 00:04:26,040 --> 00:04:27,680 Speaker 1: the people fighting you at the Supreme Court do not 97 00:04:27,720 --> 00:04:28,880 Speaker 1: acknowledge that well. 98 00:04:28,920 --> 00:04:30,760 Speaker 2: And I think one of the other things that's really 99 00:04:30,839 --> 00:04:34,039 Speaker 2: sort of lost in all this is that women's sports 100 00:04:34,120 --> 00:04:37,919 Speaker 2: are great for sometimes a very different reason, right, Like, 101 00:04:38,040 --> 00:04:40,400 Speaker 2: if I'm turning around on if I'm tuning around on 102 00:04:40,400 --> 00:04:43,680 Speaker 2: the TV, I love watching women's tennis. Yeah, I prefer 103 00:04:43,720 --> 00:04:45,880 Speaker 2: women's tenants to men's tennis because I think it's a 104 00:04:45,920 --> 00:04:48,880 Speaker 2: prettier game, if I'm being honest. Being an American soccer 105 00:04:48,920 --> 00:04:51,640 Speaker 2: fan in soccer was sort of my game. I like 106 00:04:51,720 --> 00:04:53,960 Speaker 2: watching the women's team for a couple of reasons. Number One, 107 00:04:54,040 --> 00:04:56,200 Speaker 2: I have female soccer players that live in my house, 108 00:04:56,279 --> 00:04:59,640 Speaker 2: my daughters. Two they place, they don't dive, yeah, and 109 00:04:59,680 --> 00:05:02,240 Speaker 2: they don't waller around on the ground and pretend like 110 00:05:02,240 --> 00:05:04,839 Speaker 2: they're hurt all the time. And three, they play the 111 00:05:04,920 --> 00:05:07,320 Speaker 2: game the way that it was supposed to be played. 112 00:05:07,360 --> 00:05:10,040 Speaker 2: There's a beauty in women's soccer that has sort of 113 00:05:10,120 --> 00:05:11,480 Speaker 2: been lost in men's soccer. 114 00:05:11,560 --> 00:05:14,160 Speaker 1: Well, but you know, my kids are golfers. Look at 115 00:05:14,200 --> 00:05:16,560 Speaker 1: women's golf. The women's golf swing is better than the 116 00:05:16,560 --> 00:05:17,039 Speaker 1: men's golf. 117 00:05:17,279 --> 00:05:17,440 Speaker 2: Right. 118 00:05:17,800 --> 00:05:20,599 Speaker 1: The men beat up courses by it swing speed and 119 00:05:20,760 --> 00:05:22,440 Speaker 1: power and overpowering golf course. 120 00:05:22,800 --> 00:05:25,839 Speaker 2: The women's swing is like poetry. In my opinion, women's 121 00:05:25,839 --> 00:05:29,600 Speaker 2: golf is amazing, amazing to watch because again, they're playing 122 00:05:29,600 --> 00:05:32,240 Speaker 2: the game the way that it was intended to be played, right, 123 00:05:32,279 --> 00:05:34,200 Speaker 2: and so they're playing the game in a thoughtful way 124 00:05:34,240 --> 00:05:36,719 Speaker 2: where they're they're working their way around the course because 125 00:05:36,760 --> 00:05:40,000 Speaker 2: they can't overpower it except for a couple of them. Yeah, 126 00:05:40,040 --> 00:05:42,520 Speaker 2: you know, but women's golf is awesome. And for any 127 00:05:42,560 --> 00:05:44,400 Speaker 2: of the guy golfers out there, you don't play like 128 00:05:44,440 --> 00:05:47,560 Speaker 2: PGA Tour players, right, watch women's golf. If you want 129 00:05:47,600 --> 00:05:49,640 Speaker 2: to get better at golf. They will show you how 130 00:05:49,640 --> 00:05:51,560 Speaker 2: to be elite at golf in a way that the 131 00:05:51,600 --> 00:05:52,719 Speaker 2: men's game cannot show you. 132 00:05:53,400 --> 00:05:56,279 Speaker 1: Right now, somewhere in the world, a kid you've never 133 00:05:56,360 --> 00:05:59,840 Speaker 1: met is writing you a letter. They're telling you about 134 00:05:59,839 --> 00:06:05,000 Speaker 1: their dreams. The goal, they scored, the test they passed, 135 00:06:05,200 --> 00:06:07,960 Speaker 1: the new friend they made at school. Maybe they're drawing 136 00:06:08,000 --> 00:06:11,359 Speaker 1: you even a picture. Maybe they've asked you about your family, 137 00:06:11,760 --> 00:06:15,080 Speaker 1: your favorite color, what makes you laugh. They're wondering who 138 00:06:15,120 --> 00:06:18,119 Speaker 1: you are, this person who cares enough to be part 139 00:06:18,440 --> 00:06:21,880 Speaker 1: of their story. And you you're not just sending money. 140 00:06:22,160 --> 00:06:26,200 Speaker 1: You're writing back. You're showing up month after month, letter 141 00:06:26,240 --> 00:06:31,360 Speaker 1: after letter. You're celebrating their victories, encouraging them through challenges, 142 00:06:31,680 --> 00:06:35,240 Speaker 1: and reminding them that they truly matter. Now this isn't 143 00:06:35,240 --> 00:06:40,240 Speaker 1: a transaction, It's an incredible relationship that spans continence and 144 00:06:40,360 --> 00:06:44,000 Speaker 1: changes everything for both of you. That is where Compassion 145 00:06:44,120 --> 00:06:50,039 Speaker 1: International connects you directly with one child, real letters, real relationships, 146 00:06:50,240 --> 00:06:54,800 Speaker 1: and real change, because poverty isn't solved with donations alone. 147 00:06:54,960 --> 00:06:58,960 Speaker 1: It's solved by showing up impact the world, one child 148 00:06:58,960 --> 00:07:03,520 Speaker 1: at a time and learn how at Compassion dot Com. 149 00:07:03,760 --> 00:07:08,880 Speaker 1: That's Compassion dot Com. You look at this case and 150 00:07:09,279 --> 00:07:11,720 Speaker 1: the ACAU immediately says they were looking for this fight 151 00:07:11,800 --> 00:07:14,960 Speaker 1: as you described it. They come in, they sue, tell 152 00:07:15,040 --> 00:07:19,240 Speaker 1: us the circumstances around this case and what happened. Because 153 00:07:19,240 --> 00:07:22,920 Speaker 1: there's also a very interesting caveat with this case, and 154 00:07:22,920 --> 00:07:25,040 Speaker 1: that is how fast it moved all the way. 155 00:07:24,960 --> 00:07:29,720 Speaker 2: To the Supreme Court. Yeah, so a couple things. First, 156 00:07:30,200 --> 00:07:32,360 Speaker 2: I get asked this question all the time. You know, 157 00:07:32,600 --> 00:07:34,920 Speaker 2: why are you wasting the state's time and money doing 158 00:07:34,960 --> 00:07:38,520 Speaker 2: this case over one person or whatever it is? The 159 00:07:38,640 --> 00:07:42,480 Speaker 2: argument that this only affects the athlete involved is so 160 00:07:42,680 --> 00:07:46,280 Speaker 2: offensive to the thousands of women who are displaced by 161 00:07:46,320 --> 00:07:50,240 Speaker 2: any athletes involved, right, and we're talking about literally thousands 162 00:07:50,320 --> 00:07:54,160 Speaker 2: of metals worldwide that have been displaced. And so number one, 163 00:07:54,360 --> 00:07:56,680 Speaker 2: this was a fight that was worth fighting, right, And 164 00:07:57,000 --> 00:07:59,200 Speaker 2: when the ACLU is losing on the facts and they're 165 00:07:59,240 --> 00:08:01,800 Speaker 2: losing on the argument, they attacked the messenger. And so 166 00:08:01,880 --> 00:08:04,080 Speaker 2: that's really where they've gone with us at this point 167 00:08:04,160 --> 00:08:06,520 Speaker 2: is you know, why are you singling out this person? Well, 168 00:08:06,560 --> 00:08:10,680 Speaker 2: that person actually singled out us. But at the end 169 00:08:10,680 --> 00:08:13,840 Speaker 2: of the day, the court, I think wants to give 170 00:08:14,280 --> 00:08:18,320 Speaker 2: some clarity here because the noise around this issue has 171 00:08:18,320 --> 00:08:23,320 Speaker 2: gotten louder and the drumbeat has gotten quicker on our side. Right, 172 00:08:23,360 --> 00:08:26,160 Speaker 2: the American public has changed their mind on this issue 173 00:08:26,160 --> 00:08:28,640 Speaker 2: in a way that is really pretty interesting. Over the 174 00:08:28,720 --> 00:08:30,320 Speaker 2: last five years, I don't know that I've seen a 175 00:08:30,360 --> 00:08:37,000 Speaker 2: social issue, go from taboo to talk about to professional 176 00:08:37,000 --> 00:08:40,520 Speaker 2: female athletes who you might even see on ESPN speaking 177 00:08:40,600 --> 00:08:42,439 Speaker 2: out on behalf of these women. 178 00:08:42,280 --> 00:08:44,800 Speaker 1: Martina Navatilova, for example. I mean, this is a woman 179 00:08:44,840 --> 00:08:49,240 Speaker 1: who was the face of the LGBT community in sports. 180 00:08:49,280 --> 00:08:50,600 Speaker 1: She was one of the first women to ever come 181 00:08:50,600 --> 00:08:54,200 Speaker 1: out in sports. It legitimately cost her millions of dollars 182 00:08:54,240 --> 00:08:57,360 Speaker 1: coming out and being ostracized when she did it. She 183 00:08:57,600 --> 00:09:01,920 Speaker 1: has been the biggest advocate for protecting women's sports and 184 00:09:02,040 --> 00:09:07,200 Speaker 1: has been ostracized by the now LGBTQ plus ia community. 185 00:09:07,440 --> 00:09:10,560 Speaker 1: They've tried to destroy her for saying this is a 186 00:09:10,600 --> 00:09:14,080 Speaker 1: line too far protect women's sports, and I'm shocked having 187 00:09:14,120 --> 00:09:15,920 Speaker 1: feminists have disappeared from this well. 188 00:09:16,080 --> 00:09:19,880 Speaker 2: And what was really great was watching the young women 189 00:09:19,960 --> 00:09:24,000 Speaker 2: who I met from Bridgeport, West Virginia, who stood up 190 00:09:24,200 --> 00:09:27,120 Speaker 2: in this instance three years ago. To watch them have 191 00:09:27,200 --> 00:09:30,040 Speaker 2: their day in court, to watch their opinions and their 192 00:09:30,080 --> 00:09:35,079 Speaker 2: lives and their athletic abilities be vindicated, hopefully at the 193 00:09:35,120 --> 00:09:37,040 Speaker 2: highest court in the country. And the bravery that these 194 00:09:37,080 --> 00:09:39,079 Speaker 2: young women have shown in the face of what we 195 00:09:39,160 --> 00:09:45,280 Speaker 2: know can be really vitriolic responses was nothing short of inspiring. 196 00:09:45,280 --> 00:09:48,720 Speaker 2: To me. One thing I do have to say is 197 00:09:48,840 --> 00:09:51,280 Speaker 2: a personal note here. You and I were roommates. 198 00:09:51,320 --> 00:09:54,080 Speaker 1: One of our other roommates who others work the American 199 00:09:54,120 --> 00:09:57,920 Speaker 1: Center for Injustice the ACLJ. They've been described as the 200 00:09:57,920 --> 00:09:59,920 Speaker 1: opposite of the ACLU, which is who's the state of 201 00:10:00,040 --> 00:10:02,480 Speaker 1: West Virginia. And we are sitting here at the ACLJ 202 00:10:02,679 --> 00:10:06,640 Speaker 1: now having this conversation seeing twenty plus years later, all 203 00:10:06,679 --> 00:10:08,280 Speaker 1: of us still coming to bedther there fighting the good 204 00:10:08,320 --> 00:10:12,120 Speaker 1: fight and doing what we love, which is this fighting 205 00:10:12,200 --> 00:10:14,240 Speaker 1: for a country, fighting for what we believe in. It 206 00:10:14,320 --> 00:10:16,760 Speaker 1: is a really sweet moment. I think that many in 207 00:10:16,800 --> 00:10:18,400 Speaker 1: the media don't understand the backstory on this. 208 00:10:18,600 --> 00:10:20,760 Speaker 2: Yeah, who would have thought that the Ford Dingleberrys that 209 00:10:21,240 --> 00:10:23,360 Speaker 2: three hundred masks have would have ended up doing what 210 00:10:23,360 --> 00:10:27,080 Speaker 2: we're doing today. But yeah, it's number one. It's great 211 00:10:27,120 --> 00:10:29,120 Speaker 2: to see you. It was awesome to see Don and 212 00:10:29,559 --> 00:10:31,240 Speaker 2: you know, we're all just super proud to have been 213 00:10:31,280 --> 00:10:34,280 Speaker 2: ACLJ alumni, right, and this is an organization that does 214 00:10:34,320 --> 00:10:36,880 Speaker 2: it the right way. They're humble, they're honest, and they 215 00:10:36,880 --> 00:10:39,360 Speaker 2: fight the good fight, not just for the people of America, 216 00:10:39,400 --> 00:10:41,760 Speaker 2: but for the people of Israel and for Christians and 217 00:10:41,840 --> 00:10:44,720 Speaker 2: Jews and religious people all across this country who are 218 00:10:44,760 --> 00:10:45,839 Speaker 2: being persecuted. Yeah. 219 00:10:45,920 --> 00:10:48,280 Speaker 1: No, if you don't know about the American Servi Injustice 220 00:10:48,280 --> 00:10:49,880 Speaker 1: as you're listening right now, you should check them out. 221 00:10:49,920 --> 00:10:50,920 Speaker 2: The work they do is amazing. 222 00:10:50,920 --> 00:10:53,200 Speaker 1: They fight for Christians, they fight for people they are 223 00:10:53,200 --> 00:10:55,400 Speaker 1: being persecuted in front of abortion clinics for example, that 224 00:10:55,440 --> 00:10:57,040 Speaker 1: are just out there praying, that have been arrested and 225 00:10:57,080 --> 00:10:59,599 Speaker 1: abused by the past administration. And like you said, the 226 00:10:59,679 --> 00:11:01,720 Speaker 1: Jewish issue as well is so important to them. So 227 00:11:01,800 --> 00:11:03,320 Speaker 1: check them out. We say thank you to them for 228 00:11:03,360 --> 00:11:06,640 Speaker 1: hosting us this week and helping us fight this good fight. 229 00:11:07,000 --> 00:11:10,640 Speaker 1: Let's go into the court. I found there was two 230 00:11:10,679 --> 00:11:13,360 Speaker 1: court cases. The first court case came up before the 231 00:11:13,360 --> 00:11:16,240 Speaker 1: one from Virginia, and it was very clear to me 232 00:11:16,320 --> 00:11:20,120 Speaker 1: that the three liberal justices that women were ready to go. 233 00:11:20,920 --> 00:11:22,640 Speaker 1: They almost ran out of steam by the time they 234 00:11:22,640 --> 00:11:24,760 Speaker 1: got to your case. They were obsessed with Title nine. 235 00:11:24,800 --> 00:11:28,880 Speaker 1: They were obsessed with equal protection under law. And one 236 00:11:28,920 --> 00:11:31,920 Speaker 1: of the parts that I thought was really interesting was 237 00:11:32,000 --> 00:11:36,840 Speaker 1: sawto my oar very early on was clearly angry that 238 00:11:36,880 --> 00:11:39,680 Speaker 1: there are not enough young children that you can count 239 00:11:39,720 --> 00:11:40,920 Speaker 1: in the trans community. 240 00:11:40,960 --> 00:11:43,000 Speaker 2: A majority of people that described. 241 00:11:42,600 --> 00:11:46,400 Speaker 1: Themselves being trans under our adults, and she was almost 242 00:11:46,400 --> 00:11:48,920 Speaker 1: advocating for parents to hurry up and make more trans 243 00:11:49,000 --> 00:11:51,240 Speaker 1: kids so that we can get a larger number, so 244 00:11:51,280 --> 00:11:53,520 Speaker 1: they become one percent, so then we can change laws 245 00:11:53,520 --> 00:11:56,000 Speaker 1: to protect the one percent, because right now the numbers 246 00:11:56,040 --> 00:11:58,600 Speaker 1: are so low that we're not at a point where 247 00:11:58,600 --> 00:12:00,960 Speaker 1: we can just start changing laws. Did you read that 248 00:12:01,000 --> 00:12:02,640 Speaker 1: the same way I did, because I was sitting there going, 249 00:12:02,679 --> 00:12:05,040 Speaker 1: oh my gosh, she's literally from the bench Supreme Court 250 00:12:05,120 --> 00:12:09,600 Speaker 1: advocating for parents to mutilate their children to put to 251 00:12:09,640 --> 00:12:12,240 Speaker 1: stop their growth and puberty, barkers, hurry into it when 252 00:12:12,240 --> 00:12:14,160 Speaker 1: they're two, three, four, five, because we need more of 253 00:12:14,240 --> 00:12:14,840 Speaker 1: them right now. 254 00:12:15,679 --> 00:12:18,320 Speaker 2: Yeah. I mean it was unsettling at the very least. 255 00:12:18,400 --> 00:12:20,840 Speaker 2: That line of questioning and the answers that came from 256 00:12:20,880 --> 00:12:25,240 Speaker 2: the ACOU I found unsettling at the very least. And 257 00:12:25,280 --> 00:12:28,280 Speaker 2: I think everyone needs to be really really concerned with 258 00:12:29,720 --> 00:12:33,280 Speaker 2: the progress that that argument has made on the left right. 259 00:12:33,280 --> 00:12:36,600 Speaker 2: It has gone from all biological males should be able 260 00:12:36,600 --> 00:12:41,480 Speaker 2: to play in female sports to well know, we understand 261 00:12:41,559 --> 00:12:47,400 Speaker 2: that adult transgender folks do have an extreme athletic advantage, 262 00:12:47,600 --> 00:12:53,720 Speaker 2: but if you're able to change your child's puberty prior 263 00:12:53,760 --> 00:12:57,240 Speaker 2: to its starting. Then we have a whole nother subcategory. 264 00:12:57,559 --> 00:12:59,640 Speaker 2: And so you know, I'm the father of a ten 265 00:12:59,720 --> 00:13:02,160 Speaker 2: year old old girl and an eight year old girl. Yeah, 266 00:13:02,160 --> 00:13:06,040 Speaker 2: and the idea that you would do anything to change 267 00:13:06,120 --> 00:13:10,760 Speaker 2: their gender prior to them even knowing what excuse me 268 00:13:10,800 --> 00:13:13,320 Speaker 2: to change their gender and their sex prior to them 269 00:13:13,559 --> 00:13:15,760 Speaker 2: knowing what any of this means? Right, Like I was 270 00:13:15,840 --> 00:13:17,000 Speaker 2: on I was on a zoom call with my ten 271 00:13:17,080 --> 00:13:19,360 Speaker 2: year old last night because she's at home and she 272 00:13:19,440 --> 00:13:22,040 Speaker 2: couldn't find an eighteen pack of toilet paper that was 273 00:13:22,080 --> 00:13:24,960 Speaker 2: sitting outside of the front door. Yeah. Right, And we're 274 00:13:24,960 --> 00:13:29,280 Speaker 2: talking about taking kids that age, right, Kids are kids, right, 275 00:13:29,320 --> 00:13:31,520 Speaker 2: They don't know anything that they would eat sugar all 276 00:13:31,600 --> 00:13:31,920 Speaker 2: day long. 277 00:13:32,280 --> 00:13:34,800 Speaker 1: Let them right, They would literally be diabetic, all of 278 00:13:34,800 --> 00:13:37,160 Speaker 1: them if we allowed them to do it and permanently 279 00:13:37,320 --> 00:13:41,400 Speaker 1: changing their gender based on some The only justification could 280 00:13:41,400 --> 00:13:43,439 Speaker 1: be is the parents are like, well, my child told. 281 00:13:43,280 --> 00:13:45,400 Speaker 2: Me that, Well, your child doesn't know their. 282 00:13:45,320 --> 00:13:47,280 Speaker 1: Children child also telling me you're Superman doesn't mean I 283 00:13:47,360 --> 00:13:49,520 Speaker 1: let him jump off the roof, correct, although your kid 284 00:13:49,520 --> 00:13:50,160 Speaker 1: would probably make it. 285 00:13:50,200 --> 00:13:53,360 Speaker 2: He's putting uplea it. No it's true. I mean you 286 00:13:53,360 --> 00:13:55,520 Speaker 2: sit there and you're like the insanity of cutting. 287 00:13:55,160 --> 00:14:00,480 Speaker 1: A child and mutilating their body. When I mean kids, 288 00:14:00,640 --> 00:14:03,360 Speaker 1: they've believed a lot of things, right, You're talking about 289 00:14:03,679 --> 00:14:05,400 Speaker 1: all the things that kids believe in. And if you've 290 00:14:05,400 --> 00:14:07,040 Speaker 1: got kids in the car, tarre down for a second. 291 00:14:07,080 --> 00:14:10,440 Speaker 1: Three to two one, Okay, Santa Claus the tooth Fairy. 292 00:14:10,800 --> 00:14:12,800 Speaker 1: You're letting the same kid that believes in those things, 293 00:14:12,840 --> 00:14:15,120 Speaker 1: which is magical. That's what being a child is best. 294 00:14:15,240 --> 00:14:18,280 Speaker 1: They believe that Mickey Mouse is real. Those are the 295 00:14:18,320 --> 00:14:22,200 Speaker 1: great years. They're the magical years before they've learned the 296 00:14:22,240 --> 00:14:24,800 Speaker 1: realities and the tough part of life. To then let 297 00:14:24,840 --> 00:14:28,520 Speaker 1: them decide their sex and to mutilate their body to 298 00:14:28,600 --> 00:14:31,520 Speaker 1: accomplish that. We've saw this at Vanderbilt. Vanderbilt tapes that 299 00:14:31,520 --> 00:14:32,840 Speaker 1: came out a couple of years ago. They're like, Hey, 300 00:14:32,880 --> 00:14:34,920 Speaker 1: find as many of these kids you can. What they 301 00:14:34,960 --> 00:14:36,640 Speaker 1: really were saying is find as many of these parents 302 00:14:36,640 --> 00:14:36,920 Speaker 1: you can. 303 00:14:37,200 --> 00:14:39,120 Speaker 2: These are more they're really saying, is find as many 304 00:14:39,120 --> 00:14:40,560 Speaker 2: of these check books as you can. 305 00:14:40,920 --> 00:14:44,240 Speaker 1: Find, these multi million dollar checks that never stop correct. 306 00:14:44,320 --> 00:14:46,440 Speaker 1: They had done the math. They publicly talked about it. 307 00:14:46,440 --> 00:14:48,040 Speaker 1: If you can get a kid young, and you can 308 00:14:48,080 --> 00:14:51,680 Speaker 1: do this. There were seven figures to us because your 309 00:14:51,720 --> 00:14:54,520 Speaker 1: body is constantly rejecting what we're telling it to do, 310 00:14:54,600 --> 00:14:56,600 Speaker 1: because it's not real. There is a difference between men 311 00:14:56,640 --> 00:14:57,000 Speaker 1: and women. 312 00:14:57,520 --> 00:14:59,480 Speaker 2: Find me a dude that's ever had a child. 313 00:15:00,000 --> 00:15:02,320 Speaker 1: It doesn't exist, okay, And they want to make you 314 00:15:02,360 --> 00:15:04,400 Speaker 1: believe that there's some guy have it that said pregnant. 315 00:15:04,720 --> 00:15:07,200 Speaker 1: That's millions of dollars in this industry, which I think 316 00:15:07,280 --> 00:15:10,640 Speaker 1: is sick and perverted. It's also not healthcare. I think 317 00:15:10,680 --> 00:15:13,320 Speaker 1: this is on a level that we haven't seen since 318 00:15:13,360 --> 00:15:16,000 Speaker 1: the Nazis. And I will say that publicly multiple times 319 00:15:16,160 --> 00:15:18,520 Speaker 1: to let you understand how just demonic this is. 320 00:15:19,080 --> 00:15:21,280 Speaker 2: But you look at this, it's a money game. It 321 00:15:21,360 --> 00:15:23,800 Speaker 2: really is a money game for them, it is. And 322 00:15:23,840 --> 00:15:27,840 Speaker 2: the sexualization of children is just abhorrent in general, right, 323 00:15:27,880 --> 00:15:30,640 Speaker 2: I mean just that kids don't know about sex, they 324 00:15:30,640 --> 00:15:33,400 Speaker 2: don't think about it, and it has to be being 325 00:15:33,480 --> 00:15:36,480 Speaker 2: introduced to them by an adult who wants to do that, right, 326 00:15:36,520 --> 00:15:39,200 Speaker 2: And that's monstrous. And I think one of the things 327 00:15:39,240 --> 00:15:41,880 Speaker 2: that's really interesting about this is in fifty years, I'll 328 00:15:41,880 --> 00:15:44,200 Speaker 2: bet you people look back at this period in American 329 00:15:44,280 --> 00:15:47,200 Speaker 2: history and this issue right that, what we're talking about 330 00:15:47,320 --> 00:15:50,920 Speaker 2: right now will be seen as one of the craziest 331 00:15:51,360 --> 00:15:55,160 Speaker 2: and most dangerous things that we've ever done to the 332 00:15:55,240 --> 00:15:58,160 Speaker 2: children of this country, if not the most dangerous maybe 333 00:15:58,200 --> 00:15:59,120 Speaker 2: in the history of the world. 334 00:15:59,800 --> 00:16:02,120 Speaker 1: I agree with you there talk about preparing for this 335 00:16:02,200 --> 00:16:05,720 Speaker 1: case the Supreme Court, your attorneys, they did an amazing job. 336 00:16:06,360 --> 00:16:07,160 Speaker 2: It also helps you. 337 00:16:07,080 --> 00:16:09,200 Speaker 1: Have a really easy argument that you're making, a sane 338 00:16:09,400 --> 00:16:10,560 Speaker 1: argument that you're making. 339 00:16:10,640 --> 00:16:12,440 Speaker 2: Sometimes those are the hardest ones to make. They are, 340 00:16:12,640 --> 00:16:14,680 Speaker 2: and it's almost like, wait, this is our whole argument. 341 00:16:14,720 --> 00:16:18,080 Speaker 2: It's fascinating. Yeah, it's pretty simple. But how do you 342 00:16:18,120 --> 00:16:18,840 Speaker 2: prepare for that? 343 00:16:19,120 --> 00:16:22,200 Speaker 1: And how concerned were you guys that, Like, you're not 344 00:16:22,240 --> 00:16:24,320 Speaker 1: just fighting for West Virginia in that moment, you're fighting 345 00:16:24,360 --> 00:16:25,400 Speaker 1: for every child in America. 346 00:16:25,560 --> 00:16:28,720 Speaker 2: Yeah, So you start preparing for that by hiring incredible lawyers. 347 00:16:29,440 --> 00:16:31,720 Speaker 2: And I was able to do that to begin my 348 00:16:31,840 --> 00:16:34,120 Speaker 2: term here as Attorney General, was to assemble a team 349 00:16:34,120 --> 00:16:36,680 Speaker 2: of lawyers that is as good, if not better, than 350 00:16:36,720 --> 00:16:38,840 Speaker 2: any other group in the entire country. West Virginia is 351 00:16:38,880 --> 00:16:41,960 Speaker 2: once again punching way above its weight class. So it 352 00:16:41,960 --> 00:16:45,480 Speaker 2: starts with talent and then the thing that's interesting about 353 00:16:45,480 --> 00:16:47,840 Speaker 2: AG's offices is that, you know, most people that have 354 00:16:47,840 --> 00:16:50,640 Speaker 2: a big Supreme Court case have one thing to do right, 355 00:16:50,960 --> 00:16:53,600 Speaker 2: and our lawyers have five hundred other things that they 356 00:16:53,640 --> 00:16:55,360 Speaker 2: have to be doing at the same time. Protecting the 357 00:16:55,440 --> 00:16:58,200 Speaker 2: energy industry right, making sure we're protecting the Second Amendment, 358 00:16:58,200 --> 00:17:01,320 Speaker 2: protecting the First Amendment, making sure we're protecting our consumers 359 00:17:01,360 --> 00:17:05,760 Speaker 2: against giant healthcare conglomerates, etc. And big tech and all 360 00:17:05,760 --> 00:17:08,280 Speaker 2: this other stuff. So we have five hundred other cases 361 00:17:08,320 --> 00:17:12,119 Speaker 2: that we're working on. But to watch my team do 362 00:17:12,240 --> 00:17:15,560 Speaker 2: the moots, do the research, get themselves ready, and then 363 00:17:15,600 --> 00:17:18,800 Speaker 2: to see it culminate yesterday, I don't know if I've 364 00:17:18,840 --> 00:17:20,840 Speaker 2: ever been prouder of any team of people I've ever 365 00:17:20,840 --> 00:17:23,000 Speaker 2: been a part of. I mean, it was truly remarkable. 366 00:17:23,280 --> 00:17:26,560 Speaker 2: It showed skill, it showed empathy, and it showed a 367 00:17:26,600 --> 00:17:29,160 Speaker 2: real commitment to the Constitution and the law. 368 00:17:29,400 --> 00:17:32,480 Speaker 1: Yeah, I got to say something that is a compliment. 369 00:17:33,000 --> 00:17:35,080 Speaker 1: A lot of ags want to fight a case in 370 00:17:35,080 --> 00:17:35,880 Speaker 1: front of the Supreme Court. 371 00:17:36,400 --> 00:17:40,520 Speaker 2: You didn't take the mic. I think that was a very. 372 00:17:42,640 --> 00:17:46,000 Speaker 1: Smart move, and not because you're not a great attorney, 373 00:17:46,200 --> 00:17:48,520 Speaker 1: but you wanted to win and you didn't want to 374 00:17:48,560 --> 00:17:50,520 Speaker 1: be like, Okay, I got to put the plaque up 375 00:17:50,560 --> 00:17:51,040 Speaker 1: on the wall. 376 00:17:51,440 --> 00:17:53,520 Speaker 2: When did you make that decision? Hi early on? Yeah, 377 00:17:53,520 --> 00:17:56,520 Speaker 2: this isn't about me, right, this is about the women 378 00:17:56,560 --> 00:17:58,640 Speaker 2: and girls of this country and making sure that they 379 00:17:58,680 --> 00:18:02,439 Speaker 2: have a safe place to play. And so when you 380 00:18:02,480 --> 00:18:05,399 Speaker 2: can remove that from your lexicon and say, look, this 381 00:18:05,480 --> 00:18:08,320 Speaker 2: isn't my thing, you find the best person to do it. 382 00:18:08,359 --> 00:18:11,520 Speaker 2: Mike Tomlin doesn't go play quarterback, right, Mike Tomlin, make 383 00:18:11,520 --> 00:18:13,159 Speaker 2: sure that somebody who can throw the ball does that. 384 00:18:13,200 --> 00:18:14,840 Speaker 2: It's not that I can't throw it. Mike can probably 385 00:18:14,880 --> 00:18:17,000 Speaker 2: throw a football, but lord knows Aaron Rodgers a lot 386 00:18:17,040 --> 00:18:19,520 Speaker 2: better at it than he is. And there's a humbleness 387 00:18:19,520 --> 00:18:22,600 Speaker 2: to leadership that I think frequently gets lost in American 388 00:18:22,640 --> 00:18:26,280 Speaker 2: politics these days. And I'm really proud to be able 389 00:18:26,320 --> 00:18:28,439 Speaker 2: to say that these people work with me, not for me, 390 00:18:29,200 --> 00:18:30,720 Speaker 2: and all of us work for the people of West 391 00:18:30,760 --> 00:18:35,040 Speaker 2: Virginia and the American public. Let's talk about the case. 392 00:18:35,800 --> 00:18:38,320 Speaker 1: I felt like as I was sitting in the Supreme 393 00:18:38,359 --> 00:18:42,040 Speaker 1: Court watching these or arguments in Case number one, that 394 00:18:42,040 --> 00:18:44,240 Speaker 1: they were hearing that there was a very good chance 395 00:18:44,320 --> 00:18:47,439 Speaker 1: we're going to get a victory. You can read the court. 396 00:18:47,840 --> 00:18:49,679 Speaker 1: It's not on TV. That's why it's really cool to 397 00:18:49,680 --> 00:18:53,399 Speaker 1: be in the court. You can watch the faces of 398 00:18:53,480 --> 00:18:56,359 Speaker 1: the justices. You could also, I think see from the 399 00:18:56,400 --> 00:18:59,960 Speaker 1: frustration the anger from the liberal justices they felt like 400 00:19:00,040 --> 00:19:00,719 Speaker 1: they were losing. 401 00:19:01,200 --> 00:19:02,920 Speaker 2: Did you see it and read the room the same 402 00:19:02,960 --> 00:19:03,480 Speaker 2: way I did? 403 00:19:03,480 --> 00:19:05,400 Speaker 1: That this is there's a very good chance that we're 404 00:19:05,400 --> 00:19:07,879 Speaker 1: going to have some pausitive outcomes for women and protecting 405 00:19:07,880 --> 00:19:08,840 Speaker 1: women's sports after this. 406 00:19:08,960 --> 00:19:10,960 Speaker 2: Yeah, we feel really really good about the argument, We 407 00:19:11,000 --> 00:19:13,359 Speaker 2: feel good about the question. And I'll tell you, I 408 00:19:13,400 --> 00:19:17,720 Speaker 2: really felt like Justice Kagan took a very very thoughtful 409 00:19:17,800 --> 00:19:21,400 Speaker 2: and a different tact than her two fellow liberal justices. 410 00:19:21,920 --> 00:19:24,000 Speaker 2: And it wouldn't surprise me at all. 411 00:19:24,240 --> 00:19:26,320 Speaker 1: Explain that, by the way, explain so when you said 412 00:19:26,320 --> 00:19:27,960 Speaker 1: thoughtful and different tact, explain that for you. 413 00:19:28,080 --> 00:19:31,480 Speaker 2: They didn't get to hear or listener read the transcript. 414 00:19:31,600 --> 00:19:34,240 Speaker 2: It felt like she was asking questions to get an answer, 415 00:19:34,280 --> 00:19:36,640 Speaker 2: as opposed to make a point. And so I think 416 00:19:36,680 --> 00:19:41,000 Speaker 2: that she really walked into that room undecided on where 417 00:19:41,040 --> 00:19:43,480 Speaker 2: she was going to go on this, and I thought 418 00:19:43,880 --> 00:19:46,480 Speaker 2: that the majority of the argument and the answers that 419 00:19:46,760 --> 00:19:50,040 Speaker 2: she was given, I feel like we might have a 420 00:19:50,080 --> 00:19:53,760 Speaker 2: pretty good chance here to maybe get Kagan on our side. 421 00:19:53,880 --> 00:19:56,800 Speaker 2: I think definitely on Title nine. Yeah, but I think 422 00:19:56,840 --> 00:20:00,560 Speaker 2: the even maybe on the equal protection clause grounds too one. 423 00:20:00,600 --> 00:20:02,240 Speaker 1: But it break down Title nine real quick for people. 424 00:20:02,280 --> 00:20:03,639 Speaker 1: They didn't understand that part of the argument. 425 00:20:03,720 --> 00:20:06,119 Speaker 2: Yeah, so let me just break down the argument's actually 426 00:20:06,160 --> 00:20:08,399 Speaker 2: very simple, right, and I'll just use the West Virginia example, 427 00:20:08,400 --> 00:20:11,159 Speaker 2: because ours had Title nine and equal protection. The Idaho 428 00:20:11,200 --> 00:20:14,919 Speaker 2: case only dealt with equal protection. So West Virginia passes 429 00:20:14,920 --> 00:20:16,840 Speaker 2: the law. It says boys can't play in girls sports, 430 00:20:16,880 --> 00:20:19,560 Speaker 2: simple right, doesn't use the word transgender, doesn't talk about 431 00:20:19,600 --> 00:20:24,440 Speaker 2: gender identity, nothing, It mirrors the language from Title nine. 432 00:20:24,680 --> 00:20:27,560 Speaker 2: Hours later, the ACOU says we was sues. West Virginia 433 00:20:27,600 --> 00:20:30,760 Speaker 2: says this is unfair, this is unconstitutional, it's illegal. So 434 00:20:30,840 --> 00:20:32,880 Speaker 2: what we end up with is a case that involves 435 00:20:32,920 --> 00:20:37,120 Speaker 2: two important issues. Does West Virginia's law comply with equal protection? 436 00:20:37,480 --> 00:20:40,120 Speaker 2: And two does it comply with Title nine. Let's start 437 00:20:40,160 --> 00:20:42,400 Speaker 2: with Title nine. Fifty years ago, Congress created Title nine 438 00:20:42,440 --> 00:20:45,000 Speaker 2: to make sure that all women had access to athletic 439 00:20:45,000 --> 00:20:49,320 Speaker 2: and academic opportunities that were often shut to them because 440 00:20:49,440 --> 00:20:52,920 Speaker 2: it was all male Yep. In fifty years, this Title 441 00:20:53,000 --> 00:20:56,800 Speaker 2: nine has done more to advance women's sports and women's 442 00:20:56,840 --> 00:21:00,359 Speaker 2: academia and the powerful women throughout this country and maybe 443 00:21:00,359 --> 00:21:02,280 Speaker 2: any other law in the history of this country. No doubt, 444 00:21:02,480 --> 00:21:06,000 Speaker 2: it says sex in the law. It says you can 445 00:21:06,080 --> 00:21:10,280 Speaker 2: delineate based on sex to accomplish this goal. The aco 446 00:21:10,359 --> 00:21:12,600 Speaker 2: use is explicitly correct. The aco you says there is 447 00:21:12,640 --> 00:21:13,840 Speaker 2: no definition of sex. Yeah. 448 00:21:13,880 --> 00:21:15,480 Speaker 1: In fact, they were even asked by one of the 449 00:21:15,880 --> 00:21:18,720 Speaker 1: justice to define what a woman was and they said, 450 00:21:18,760 --> 00:21:20,280 Speaker 1: we don't have a definition. 451 00:21:19,840 --> 00:21:22,119 Speaker 2: For the course. Somehow or another, the ACOU thinks that 452 00:21:22,160 --> 00:21:25,640 Speaker 2: adding boys to girls' sports is compliant with Title nine. 453 00:21:25,920 --> 00:21:29,600 Speaker 2: Right right. Our argument is that this law actually supports 454 00:21:29,600 --> 00:21:32,199 Speaker 2: Title nine. This law actually bolsters Title nine, and this 455 00:21:32,320 --> 00:21:35,200 Speaker 2: law actually makes the idea of Title nine more powerful 456 00:21:35,200 --> 00:21:38,919 Speaker 2: and more important. Two. Equal protection. The idea is is 457 00:21:38,960 --> 00:21:42,280 Speaker 2: that and I'll try to be as unlawyerly nerdy about 458 00:21:42,280 --> 00:21:44,760 Speaker 2: this as I can, but under the equal protection clause, 459 00:21:44,800 --> 00:21:47,760 Speaker 2: unless you're a suspect class, the law that's involved undergoes 460 00:21:47,760 --> 00:21:49,959 Speaker 2: what's called intermediate scrutiny, which means that the state has 461 00:21:50,000 --> 00:21:53,320 Speaker 2: to have a rational basis to solve a normal problem. Right, 462 00:21:53,359 --> 00:21:56,040 Speaker 2: we have a normal problem, and there's a very rational 463 00:21:56,080 --> 00:21:58,520 Speaker 2: basis for doing it right, just delineate it by sex. 464 00:21:58,560 --> 00:22:03,840 Speaker 2: It's simple believes that there is a tiny subset of people, 465 00:22:04,280 --> 00:22:08,119 Speaker 2: we're talking hundreds who are displaced by this law because 466 00:22:08,160 --> 00:22:10,600 Speaker 2: their parents gave them puberty blockers at such a young 467 00:22:10,640 --> 00:22:13,120 Speaker 2: age that they don't present as mail at all. So, 468 00:22:13,280 --> 00:22:15,000 Speaker 2: when we get back to what we were talking about, their 469 00:22:15,160 --> 00:22:16,880 Speaker 2: entire argument hinges. 470 00:22:16,840 --> 00:22:22,800 Speaker 1: On recruiting young, mutilating and manipulating a child at extremely 471 00:22:22,840 --> 00:22:23,359 Speaker 1: young age. 472 00:22:23,400 --> 00:22:26,040 Speaker 2: And to that point, they were even willing to forego 473 00:22:26,160 --> 00:22:28,959 Speaker 2: the arguments on both Title nine and the Equal Protection 474 00:22:29,040 --> 00:22:32,199 Speaker 2: Clause at the expense of this tiny little subset. But 475 00:22:32,280 --> 00:22:36,000 Speaker 2: what the law says under equal protection is that it 476 00:22:36,040 --> 00:22:38,159 Speaker 2: doesn't have to be perfect. The law doesn't have to 477 00:22:38,160 --> 00:22:40,359 Speaker 2: be perfect for everyone. It has to be the best 478 00:22:40,560 --> 00:22:43,800 Speaker 2: possible solution for a problem. We know that that's true, 479 00:22:44,080 --> 00:22:46,520 Speaker 2: and I saw that from the justices yesterday that they 480 00:22:46,520 --> 00:22:50,040 Speaker 2: were really starting to understand that what they're asking for 481 00:22:50,119 --> 00:22:52,920 Speaker 2: is an as applied challenge to a rational basis test, 482 00:22:53,280 --> 00:22:57,320 Speaker 2: which is a nearly impossible that their solution would be 483 00:22:57,359 --> 00:23:00,679 Speaker 2: to do blood testing, bone density scans had scans, et 484 00:23:00,800 --> 00:23:03,679 Speaker 2: cetera on every child that's undergone puberty blockers for the 485 00:23:03,680 --> 00:23:05,160 Speaker 2: rest of their life so that they're allowed to play 486 00:23:05,160 --> 00:23:07,800 Speaker 2: in women's sports, instead of just saying we're going to 487 00:23:07,800 --> 00:23:10,080 Speaker 2: delineate the sports by the sexes, and if you're a 488 00:23:10,119 --> 00:23:12,680 Speaker 2: transgendered boy, you're allowed to play on the boys team. 489 00:23:12,760 --> 00:23:15,200 Speaker 2: Ye're not going to deny the ability to play. 490 00:23:15,680 --> 00:23:17,879 Speaker 1: That's one of the parts I think that conservancy to 491 00:23:17,960 --> 00:23:20,879 Speaker 1: understand is no one is being denied the ability to 492 00:23:20,920 --> 00:23:23,800 Speaker 1: play sports. What we are being denied is the ability 493 00:23:23,800 --> 00:23:25,280 Speaker 1: to play with the opposite sex. 494 00:23:25,400 --> 00:23:28,560 Speaker 2: Correct. We are not stopping any child from playing sports. 495 00:23:28,560 --> 00:23:31,159 Speaker 2: We're stopping a child from playing sports against people that 496 00:23:31,240 --> 00:23:33,000 Speaker 2: have a disadvantage against them physically. 497 00:23:33,560 --> 00:23:36,200 Speaker 1: When you look at this case with the ACOU immediately 498 00:23:36,240 --> 00:23:38,320 Speaker 1: suing you was part of this, you think just the 499 00:23:38,440 --> 00:23:41,000 Speaker 1: radical left saying, Okay, we see an opportunity to fight 500 00:23:41,000 --> 00:23:43,439 Speaker 1: in goet the Supreme Court and fundraise off this. I'm 501 00:23:43,480 --> 00:23:46,120 Speaker 1: sure the ASOU made a crap ton of money off 502 00:23:46,119 --> 00:23:46,560 Speaker 1: this case. 503 00:23:46,680 --> 00:23:48,920 Speaker 2: Yeah, I'm sure they did too. But I think more 504 00:23:48,960 --> 00:23:53,000 Speaker 2: than anything is that there is a part of the 505 00:23:53,000 --> 00:23:56,600 Speaker 2: Democratic Party and the liberal wing of this country that 506 00:23:56,680 --> 00:23:59,040 Speaker 2: believes the insanity that you and I are talking about. 507 00:23:59,240 --> 00:24:03,480 Speaker 2: I mean, I think they were fighting for what they believe, 508 00:24:03,840 --> 00:24:06,119 Speaker 2: and I think what they believe is that children can 509 00:24:06,200 --> 00:24:09,800 Speaker 2: choose their gender when they're four years old. 510 00:24:08,800 --> 00:24:12,080 Speaker 1: You follow the money on this. You look at the 511 00:24:12,119 --> 00:24:14,080 Speaker 1: hospitals they are doing it, You look at the cash, 512 00:24:14,200 --> 00:24:17,080 Speaker 1: you look at the mutilation. If we lose this battle, 513 00:24:17,119 --> 00:24:18,040 Speaker 1: I think in many ways. 514 00:24:17,920 --> 00:24:19,639 Speaker 2: Who lose the country. Do you agree? I think this 515 00:24:19,720 --> 00:24:21,440 Speaker 2: is such a core moral issue. 516 00:24:21,920 --> 00:24:26,640 Speaker 1: If we cannot defend little girls and protect them, then 517 00:24:26,680 --> 00:24:27,640 Speaker 1: who are we as a nation. 518 00:24:27,840 --> 00:24:31,120 Speaker 2: It's not just little girls, We're defending every child who 519 00:24:31,160 --> 00:24:36,200 Speaker 2: may potentially have to undergo gender transition, surgery or medication 520 00:24:36,760 --> 00:24:39,520 Speaker 2: at the age of four. Right, sports really takes a 521 00:24:39,600 --> 00:24:43,199 Speaker 2: back seat to child safety in general. And the idea 522 00:24:43,240 --> 00:24:45,760 Speaker 2: that this is going to happen to children and that 523 00:24:45,840 --> 00:24:49,679 Speaker 2: doctors and parents are allowing it and promoting it is 524 00:24:50,160 --> 00:24:53,879 Speaker 2: something that this country is. It goes against every single 525 00:24:53,880 --> 00:24:56,080 Speaker 2: thing that this country has ever been about. This is 526 00:24:56,359 --> 00:24:59,840 Speaker 2: this is an American family country. Let's go to what happens. 527 00:25:00,640 --> 00:25:02,879 Speaker 1: And that's part of this that I think is really 528 00:25:03,119 --> 00:25:05,680 Speaker 1: so people understand my son, for example, he knew he 529 00:25:05,760 --> 00:25:08,120 Speaker 1: was the spring cordiass this morning and did we win? 530 00:25:08,600 --> 00:25:11,000 Speaker 1: And I'm like, I think we won, but we don't 531 00:25:11,000 --> 00:25:13,240 Speaker 1: get to find out till probably what June July. Is 532 00:25:13,240 --> 00:25:15,800 Speaker 1: that right to talk about the timeline and then if 533 00:25:16,160 --> 00:25:18,120 Speaker 1: you guys win in West Virginia, what does that mean 534 00:25:18,119 --> 00:25:18,960 Speaker 1: for the rest of the country. 535 00:25:19,040 --> 00:25:22,680 Speaker 2: Yeah, So it takes the justices a while to write 536 00:25:22,720 --> 00:25:25,000 Speaker 2: these opinions right, and because they have to be thoughtful 537 00:25:25,080 --> 00:25:27,800 Speaker 2: and because this is such a landmark decision, they know 538 00:25:27,880 --> 00:25:30,200 Speaker 2: they need to get it right and they will. So 539 00:25:30,240 --> 00:25:32,399 Speaker 2: sometime in June or sometime in July, we expect that 540 00:25:32,480 --> 00:25:35,159 Speaker 2: we will get a ruling from the Court that will 541 00:25:35,280 --> 00:25:39,400 Speaker 2: essentially say West Virginia's law is constitutional. And once that happens, 542 00:25:39,720 --> 00:25:42,120 Speaker 2: the big step here is that it will give all 543 00:25:42,160 --> 00:25:44,199 Speaker 2: of the other states that have passed similar laws the 544 00:25:44,240 --> 00:25:46,960 Speaker 2: confidence to enforce them, and it will allow the twenty 545 00:25:47,000 --> 00:25:49,520 Speaker 2: seven other states that have passed laws just like West 546 00:25:49,600 --> 00:25:53,160 Speaker 2: Virginia's to say, we're good to go, and we can 547 00:25:53,200 --> 00:25:55,880 Speaker 2: make sure that these sports in our state are delinear 548 00:25:55,920 --> 00:25:58,560 Speaker 2: by sex. The next step, and the Justice has actually 549 00:25:58,640 --> 00:26:01,480 Speaker 2: touched on this a little bit yesterday, is so if 550 00:26:01,480 --> 00:26:03,639 Speaker 2: we say to you that West Virginia's law is valid. 551 00:26:03,680 --> 00:26:07,919 Speaker 2: Does that mean that California's law is unconstitutional? And so 552 00:26:08,000 --> 00:26:10,159 Speaker 2: I think what you'll see in the coming years is 553 00:26:10,200 --> 00:26:13,240 Speaker 2: athletes from place female athletes from places where it where 554 00:26:13,280 --> 00:26:17,120 Speaker 2: transgender boys are allowed to play in girls sports will 555 00:26:17,119 --> 00:26:19,960 Speaker 2: start suing their states and saying you have to protect us, 556 00:26:20,200 --> 00:26:23,640 Speaker 2: and they'll use this case is as potentially the way 557 00:26:23,680 --> 00:26:26,440 Speaker 2: to go forward there, and that'll be actually a much 558 00:26:26,440 --> 00:26:27,080 Speaker 2: harder question. 559 00:26:27,320 --> 00:26:30,280 Speaker 1: Right if you win this, is this what I would 560 00:26:30,280 --> 00:26:31,800 Speaker 1: describe as settled law at this point? 561 00:26:31,840 --> 00:26:32,000 Speaker 2: Is this? 562 00:26:32,200 --> 00:26:34,320 Speaker 1: Is this just accepted or is there going to still 563 00:26:34,359 --> 00:26:37,359 Speaker 1: be some challenges? What do you believe the next next? 564 00:26:37,680 --> 00:26:38,960 Speaker 1: The left will do next? 565 00:26:39,240 --> 00:26:42,600 Speaker 2: This is a really really big case, and after we 566 00:26:42,640 --> 00:26:45,359 Speaker 2: win it, I think a lot of the consternation in 567 00:26:45,400 --> 00:26:47,560 Speaker 2: this country will get settled. I think the volume will 568 00:26:47,560 --> 00:26:51,919 Speaker 2: get turned down because even almost everybody, even on the left, 569 00:26:52,200 --> 00:26:54,359 Speaker 2: and they've been saying this for the last six years, 570 00:26:54,400 --> 00:26:57,439 Speaker 2: is you know, the judicial system matters to You have 571 00:26:57,520 --> 00:26:58,919 Speaker 2: to you know, you have to go with what the 572 00:26:58,920 --> 00:27:01,240 Speaker 2: court says, which I agree with one hundred percent, even 573 00:27:01,359 --> 00:27:03,200 Speaker 2: when I disagree with them. The law is the law. 574 00:27:03,280 --> 00:27:04,879 Speaker 2: The law is law. Yeah, And so I think that 575 00:27:04,960 --> 00:27:07,399 Speaker 2: we'll turn the volume down on the whole country and 576 00:27:07,440 --> 00:27:11,400 Speaker 2: hopefully we can move past this insane issue and start 577 00:27:12,280 --> 00:27:14,479 Speaker 2: making sure that all of the other things that are 578 00:27:14,480 --> 00:27:17,359 Speaker 2: important to Americans are being defended as well well. 579 00:27:17,440 --> 00:27:20,400 Speaker 1: Final question for you on this, when you look at 580 00:27:20,640 --> 00:27:24,520 Speaker 1: when you decide to run for the AGD. 581 00:27:23,160 --> 00:27:24,639 Speaker 2: You is this what you dream of? 582 00:27:25,280 --> 00:27:27,679 Speaker 1: I mean, I look back at my career and I 583 00:27:27,680 --> 00:27:29,480 Speaker 1: think of a few different moments where I feel like 584 00:27:29,480 --> 00:27:33,040 Speaker 1: I was able to use the airwaves to significantly change 585 00:27:33,080 --> 00:27:35,720 Speaker 1: or do good. I got to think that this is 586 00:27:35,760 --> 00:27:37,560 Speaker 1: something you look at and you go, this is my legacy. 587 00:27:37,560 --> 00:27:41,199 Speaker 1: It was totally worth all the sacrifice, the time on 588 00:27:41,240 --> 00:27:44,080 Speaker 1: the road, the time has spent away from kids, because 589 00:27:44,160 --> 00:27:46,399 Speaker 1: this is something we did. Is that I mean I 590 00:27:46,440 --> 00:27:48,320 Speaker 1: almost say it was a blessing disguise that they so 591 00:27:48,480 --> 00:27:49,919 Speaker 1: you decided immediately to sue you. 592 00:27:50,840 --> 00:27:54,520 Speaker 2: I think that whenever you're a public servant and you're 593 00:27:54,560 --> 00:27:57,800 Speaker 2: given the opportunity to make the lives of a lot 594 00:27:57,800 --> 00:28:02,280 Speaker 2: of people better, that service worth it, right, And you're right. 595 00:28:02,320 --> 00:28:04,160 Speaker 2: I mean, it's not the easiest life in the world 596 00:28:04,160 --> 00:28:05,840 Speaker 2: to be a public figure. It's not the easiest life 597 00:28:05,840 --> 00:28:08,080 Speaker 2: in the world to be an elected official. But there's 598 00:28:08,119 --> 00:28:12,919 Speaker 2: a calling to that that I've always felt, and the 599 00:28:13,040 --> 00:28:16,879 Speaker 2: idea that I can play a small part in making 600 00:28:16,920 --> 00:28:20,119 Speaker 2: a big change, and a big positive change for an 601 00:28:20,240 --> 00:28:23,640 Speaker 2: enormous amount of women in this country and children in general. 602 00:28:25,240 --> 00:28:27,080 Speaker 2: It's hard to really put into words. It's the kind 603 00:28:27,119 --> 00:28:27,920 Speaker 2: of thing you pray about. 604 00:28:28,119 --> 00:28:31,160 Speaker 1: I also think this is a point just where we're 605 00:28:31,160 --> 00:28:34,159 Speaker 1: the silent majority on so many issues. I'm assuming that 606 00:28:34,200 --> 00:28:35,520 Speaker 1: a lot of people have come out of the woodworks 607 00:28:35,560 --> 00:28:37,479 Speaker 1: tell you, thank you for doing this. I'm just guessing 608 00:28:37,480 --> 00:28:39,680 Speaker 1: in West Virginia, i think so many times we think 609 00:28:39,720 --> 00:28:41,960 Speaker 1: we're in the minority when we're overwhelming the majority on 610 00:28:42,000 --> 00:28:43,720 Speaker 1: issues like this. I don't think there's a ton of 611 00:28:43,720 --> 00:28:46,040 Speaker 1: people in West Virginia running around and going, yes, I 612 00:28:46,080 --> 00:28:48,920 Speaker 1: want transgendered people playing and beating my daughter up. 613 00:28:49,280 --> 00:28:53,520 Speaker 2: Yeah, and again, we're talking about kids here, Yeah, right. 614 00:28:53,600 --> 00:28:57,000 Speaker 2: I'm enormously empathetic to the kids on both sides of 615 00:28:57,040 --> 00:29:00,440 Speaker 2: this issue. Every child is good. Every child is a 616 00:29:00,480 --> 00:29:04,760 Speaker 2: gift from God. And only parents and only the government 617 00:29:05,000 --> 00:29:09,720 Speaker 2: can take innocent, amazing children and make and and turn 618 00:29:09,800 --> 00:29:12,240 Speaker 2: them and turn them into political fodder in a way 619 00:29:12,280 --> 00:29:13,560 Speaker 2: that is really kind of. 620 00:29:13,560 --> 00:29:17,280 Speaker 1: Sex It's sick, it's demented. Uh, it's an incredible case. 621 00:29:17,400 --> 00:29:18,920 Speaker 1: I think you're like you said, you guys are going 622 00:29:19,000 --> 00:29:20,280 Speaker 1: to get a big victory out of this. It's going 623 00:29:20,320 --> 00:29:22,880 Speaker 1: to change the country. Uh, it's been fun to watch 624 00:29:22,920 --> 00:29:25,080 Speaker 1: you do it. Congratulations as well. You can find JB. 625 00:29:25,200 --> 00:29:28,160 Speaker 1: McCuskey on social media as well. Uh, the Attorney General 626 00:29:28,160 --> 00:29:30,080 Speaker 1: West Virginia do an amazing job, so make sure you 627 00:29:30,120 --> 00:29:30,680 Speaker 1: follow him there. 628 00:29:30,720 --> 00:29:32,240 Speaker 2: He puts out great stuff, so do that. 629 00:29:32,600 --> 00:29:35,280 Speaker 1: Make sure you share this podcast please wherever you can 630 00:29:35,480 --> 00:29:38,960 Speaker 1: on social media so others will hear it. Hit that 631 00:29:39,040 --> 00:29:42,960 Speaker 1: subscriber auto download button and I'll see you back here tomorrow.