The Fight for Title IX with Texas Attorney General Ken Paxton
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Summary
In this episode, we speak with attorney general Ken Paxton about the Biden administration's illegal administrative rewrite of Title IX, a federal civil rights law that prevents sex-based discrimination in sports and other areas of the U.S. government.
Transcript
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welcome back to the games for girls podcast we have yet to do an episode on the illegal
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administrative rewrite of title nine of course title nine being the federal civil rights law
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that prevented sex-based discrimination enacted 52 years ago now we have an administration in
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the white house who has rewritten title nine in its entirety abolishing what title nine was
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originally intended to do this is the most anti-woman anti-reality pursuit we have seen
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from this administration thus far i cannot imagine that this will be helpful to the
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administration in the polls come november but today's guest is someone who is more than qualified
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to talk and speak to this topic he is someone who has taken direct action in suing the
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administration for said rewrite i am so excited to get into this conversation with attorney general
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ken paxton well attorney general paxton uh really i just wanted to start out by thanking you for all
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that you do in your relentless pursuit of justice and upholding the law in a world where uh we have
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seemingly gone lawless uh your job is a hard one and definitely a thankless one at that so thank you
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um but gosh i'm so excited to be talking with you you are one of the many attorney generals who have
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now decided to ultimately sue the biden administration over their illegal administrative
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rewrite of title nine and so i just wanted you to take a very brief second and explain
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what the biden administration's rewrite of title nine really means and i guess specifically
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what does it mean for sex-based protections under federal law yeah so raleigh thanks for having me on
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and i really appreciate the the kind words it is true that they are rewriting title nine but this
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is this is sort of what we've been dealing with since president obama and now i think we we're on
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steroids now doing this where the biden administration comes in looks at laws can't get congress to change
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them so they decide i don't need elected representatives we can do this like benzoela or china i'll just change
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it and so this is that's why i have over i'm involved in over 70 lawsuits with the biden administration
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since i start since they came in you know three and a half years ago title nine is no different they
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they've come in and changed the whole purpose and intent of our elected representatives and this bill
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was signed by the president that was there at the time so this is all done constitutionally
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and what president biden does is says i'm not following the constitution i'm not following federal law
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i have my own ideas and this is going to go my way and whoever elected the representatives at that time
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forget it we're doing it my way and that that way is this we're going to go against the intent
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of timeline which was to provide opportunities for women in in sports and provide opportunities they
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didn't have at the time and when you change it when you do a rewrite where you say men can now compete
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with women you've perverted drastically the intent of what congress passed and you've done it by edict
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and so it's there's nothing right about this the the actual result is bad the actual way they did it
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was bad we're talking bad like if we were in venezuela bad or china bad this is where we're at
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i think that's a good comparison to make and i think it's something that a lot of people are now
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understanding at least in terms of kind of this marxist socialist communist regime like in venezuela or
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cuba or brazil or china or any of these countries that you mentioned so the effects of it i mean
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essentially equating sex with gender identity this means um that men can have full access to bathrooms
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locker rooms changing spaces men could potentially be housed in dorm rooms with women uh the sports
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aspect uh we've seen i think they started working on this at least announced this rewrite back in june
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of 2022 so the past two years but they've strategically said that the sports component um hasn't been rolled
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out yet but to me it doesn't make sense they say they they still equate sports with sex yet they say
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sex and gender identity are the same thing and so what i think this looks like again someone who
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doesn't necessarily understand of course the law in the way that you do i mean to me what this looks
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like is he's winking at the normal people who understand that men and women are different but he's
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also winking at the crazy people who don't have the same conclusion is that fair to say you're brilliant
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you've got it that's exactly what he's doing he's got an election coming up he doesn't want to lose
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the voters that would think how wrong how wrong that you would do this to women how wrong you do
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this to my daughter how wrong that you would violate federal law how wrong that you violate the
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constitution and you just issued this edict on the other hand he wants to signal hey this is coming
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after the election i'll finish this off and i will do all those things i will harm women i will
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violate federal law i i will violate my constitutional duty and i want you to know that it's coming because
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i'm going to i'm starting right now so here it comes and and this is where we are with a president
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that disdains uh the idea that the american public have have the same this and not him alone
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what about the free speech component to to this rewrite well look this is one of the things that they are
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they are very hateful of our constitution whether it's the second amendment and here the first amendment
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where they they try to punish and censor you if you have a different view on transgender if you
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actually are with you know 99 of the population that wouldn't want a rewrite of this law and that's
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why it's not happening because congress could never pass a rewrite of this law to hurt women
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but then they try to shut you down they did the same thing during covet they've done it with other
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issues they've done it with issues related to january 6th and this is this is what you know even our law
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enforcement do now our fbi and our our other law enforcement agencies department of justice they
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become so corrupt and they are used for political purpose to shut down the actual constitution that's
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where we're at as well is this lawsuit uh something that you would want to see make it all the way to
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the supreme court obviously it's unfortunate that it has to go that direction um but is that something
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that as an attorney general you would want to see well i presume that whoever loses at the fifth
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circuit which is where i'm at uh we'll we'll take it to the she'll try to take the u.s supreme court
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i i think that's actually a good thing because i want this to protect all women and i don't know how
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you can have different opinions in different circuits which is potentially going to happen and
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where you know title nine is enforced as written by our elected representatives or it's enforced the way
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joe biden rewrote it you can't have both right you've got it you've got to treat women the same
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and so whether we're going to have a supreme court that that stands up for the rule of law i hope so
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and i think they will because this is this is pretty radical uh change in in in law and obviously as i said
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done by one person or as a group of you know bureaucrats at at his agency another thing i i found out
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after the fact um after the proposal was introduced was that the original title nine you know implemented
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back in 1972 was only 37 words with one word being activity which ultimately um allowed title nine to be
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what it's most notable for which is giving women equal opportunity men and women equal opportunity
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in sports but this new rewrite general paxton was 1577 pages almost half a million words compared to
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the original 37 words under president nixon again i just think it's a telltale sign when you have
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something that changes that draft drastically it's a telltale sign that there's some some fluff in there
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some stuff they're trying to hide um really good go ahead
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i didn't have to be a lawyer but you've just taught me something i didn't know it was 37 words
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and uh i didn't know i knew it was long i didn't i didn't know how many pages but no i think that says
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it all right i mean 37 you can put it on half a page and uh now you've got something that's on 1500
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and whatever pages it it's a perversion of the american constitution is the perversion of this idea
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that the founder saw as checks and balances so you didn't have an abusive uh president uh
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i'm sad to say this president doesn't respect the law he doesn't respect the constitution
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and so far he's not been held accountable i certainly hope that happens in november because
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if he's not held accountable in november then in my opinion the constitutional republic is at an end
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we have a faux constitutional republic that they'll say is the reality is it's not it is not a checks and
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balances it is not a constitutional republic it is a let's just say it's a dictatorship controlled by a
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few people a hundred percent and to your point it's not just this that's pointing in that direction
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uh there's a slew of things that this administration has done and is currently doing that that point
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that direction uh but but how does this lawsuit coincide with the letter that governor abbott sent
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to president biden basically condemning the rewrite and also instructing uh the texas education agency to
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ignore this federal rule look i i appreciate governor abbott doing that i think there's some
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other governors like governor de santis doing the same thing i i read that oklahoma is doing the same
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thing it look more states have to stand up and say no we're not putting up with a dictator we're not
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putting up with a guy that's abusive a federal law we're not going to just say well the president said
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it and so we're going to do it no way that we should all protest and say we're not going to let
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women be treated like this and we're not going to let the constitution be abused the states created
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the federal government they gave them certain powers and all the rest of the powers were reserved
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to the states and this is not a power of the president and so if we accept this then we are
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accepting a role of of no constitution the constitution doesn't matter and that ultimate power lies in the
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hands of one person and that is not that's not the the level of freedom that we've grown accustomed to
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we've seen governor de santis we've seen governor stint in oklahoma governor uh sarah huckabee sanders
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in arkansas i think governor pillin just did the same thing but of course all falling following texas's
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lead which seems to be the trend uh you guys are are really the leader on a plethora of issues um and
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now to see other states signing on to to um some lawsuit whether it's with you guys or i think
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south carolina and georgia are suing together i know tennessee kentucky um ohio a couple other states
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they're suing together again but but really following uh you're all's lead well look i i actually appreciate
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that really i am glad that other states are saying i think the more challenges to this and the more
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circuits the better because it brings the issue out it gets more coverage and the administration
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this little wink wink thing that you're talking about gets exposed to the american public and let
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the american public speak out and start talking about this and hopefully you know they can they
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can vote with their feet when they go into the voting booth and say you know what president biden
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you're not a dictator we're not going to let this happen and i just hope and pray that the american
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people realize that and that they don't put up with this because if they do we're going to get more
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of it and we're going to lose our ability to control what goes on in our government it's all going to be
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decided by a few people well it's headlines like this next one that i'm going to share with you
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that just happened in texas that i think are waking the american people up this just happened
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at texas a&m this past week the university of michigan women's water polo team was set to bring
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their 31 year old male teammate to the 2024 women's national collegiate club water polo championships
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again hosted by texas a&m university i mean i have so many questions here again this is a 31 year old
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man playing for the women's national championship water polo um the mail didn't end up coming because
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of public pressure and national outrage after the story broke but again this headline it speaks to the
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insanity of today's world and so i wanted to get your initial thoughts on this well first of all i mean
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honestly if you told me this story five years ago ten years ago i'd say i don't believe you it's not
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true that's made up who would even think of this things have gotten so outlandish and we've accepted
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such perversion and such you know things on the things that we would never expect that men can like
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legitimately and with the authority of their schools come in and compete against women we all know that
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there are biological differences and we all have our strengths and weaknesses and and men have certain
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advantages over when women from a physical standpoint it's completely unfair i've had three daughters that
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were all competing in some type of sports or and i don't think that i mean i certainly wouldn't want
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my daughters to have to compete against a man and i wouldn't i wouldn't allow it no and speaking i guess of
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universities in texas uh university of texas got some national coverage recently with the protests
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surrounding what's going on in the middle east and so um i guess from from your standpoint i mean is there
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any legal action being had we saw several protesters being arrested which is quite the contrast to what's
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going on at the likes of ucla and columbia and different places and so uh what does that look like
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from from your role so it's not my responsibility but i certainly applaud um university of texas i applaud
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uh the governor for his quick action because i think he really forced the issue and had them arrested
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and so i i mean like it's it's ridiculous that these people are shutting down commerce that they're
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impeding other people's you know in on their lives i am a complete believer in the first amendment
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they ought to have a right to speak out even if i disagree with them however you shouldn't be able
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to block traffic you shouldn't be able to get you shouldn't be able to affect others people other
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people's rights to do what they're supposed to do so there is there's limitation there are limitations
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and these people is is as foul as their ideas are they have a right to have those ideas however they
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don't have a right to hurt other people and in this case that's their intent they're trying to hurt our
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economy and that's they even hamas has even said that they that they that they want these people to
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to impede commerce and that that's a real problem if we allow it to happen of course um what i mean
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what other issues are going on obviously texas is dealing with the border um that's something that
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the whole nation has been following and i would say supporting you uh and your office what you guys are
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doing as a state down there in texas um what else is going on that you're spending your time
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litigating yeah so we we have numerous lawsuits against by administration very similar like
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immigration we've i think we've had 20 lawsuits against by administration and that started day
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one when joe biden said i'm not going to deport anybody again clear violation of federal law clear
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violation of his constitutional role should have been impeached just on that alone and he told the
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cartels he signaled to them kind of like you were talking about his wink wink he was telling the cartels
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bring people here as fast as you can you can make a lot of money you can make ten thousand twelve
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thousand dollars a person you can human traffic you can get your drugs across the border all i want
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is people to vote and i'm going to get those people in the right places texas florida republican
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states where i need to win and that's why they started on day one they didn't wait and then they've
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continued to violate federal law we've sued them over all kinds of things we tried we sued them over
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cutting down our offenses coming onto our property and cutting down our offenses we're still in that
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litigation i think i believe we're going to win it we put buoys up to protect protect some of
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these people from coming across bad places he said no he's not he's willing to risk lives he's willing
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to risk their lives because he needs voters and if people die if kids die from fentanyl overdoses if
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there's if they're traffic he is okay he is saying we are okay with that we just need votes so that's
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the fight there we also just sued the atf last week for violating second amendment rights they're
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trying to restrict that and remember the second amendment isn't isn't there necessarily for
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self-defense it was there for to protect us from our own government because the founders were fearful
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of an out-of-control government even ours and so of course the government doesn't want you to have
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guns in most countries you're not allowed to it's controlled by the government in this country you
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are because of our founders wisdom on that the atf comes in and starts regulating individual gun sales
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between individuals not not gun shops which by the way congress specifically excluded and they just
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spit on that legislation and they created their up just like with what you were talking about with
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they just spit on those laws and said we're going to control it anyway so we sued them along with
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kansas amazing well uh we will certainly be following you following what the state of texas is doing
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because as i have said and i've said it before many times texas is a leader uh so you guys doing the
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right thing the just thing is important for your state but but really for the rest of the nation
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so again could not be more grateful for you for the role that you have the very hard job that you
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have uh in a world that is absolutely just turned upside down at the moment uh we appreciate you
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well thank you and i appreciate you and thanks for having me on and and don't quit if we fight
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together as benjamin franklin said pretty wise guy one of our founders uh if we don't hang
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together we're all going to hang alone so let's let's hang together if there is one job that i
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would hate to have in today's climate it would be an attorney general especially the attorney general
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of texas given everything that's going on there but we could not be more grateful for attorney general
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paxton uh really in his relentless pursuit to restore sanity to uphold the law um which is is brave
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in today's world um along with the the slew of other attorney generals who are suing a really
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great leadership i think it shows that the tide is is turning uh people are waking up and and we're no
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longer going to comply thank you guys for tuning in uh make sure you like and subscribe anywhere
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where you get your podcast check us out on outkick.com and we will see you again next week