00:01:54.880Still, it was a little boring, not going to lie, but I loved being there because I loved what was being argued, and this is a hugely, hugely important case.
00:02:05.760The question was basically, does a state have the right to ban biological boys from girls' sports?
00:02:15.020One case involved the Equal Protection Clause of the Constitution, one case involved that plus Title IX, and it relates to not just these two states, Idaho and West Virginia, but 25 other states because 27 states have passed laws banning biological males who say they identify as females from participating in girls' sports.
00:02:37.000Now, this is not what I would describe as the big kahuna.
00:02:40.360That case is not yet there, which is what about the other states, the 23 states, is my math right?
00:02:47.840Yes, that allow boys to participate in girls' sports.
00:02:53.100Do the girls in those states have a right under Title IX or the Constitution to have those sports to themselves?
00:03:01.640Do they have, in other words, can we overturn the permission slips that the blue states have given boys to participate in girls' sports?
00:03:20.060So I think the 27 states are going to be happy, and I predict, I think it's going to be 6-3, that the High Court will uphold those bans as constitutionally valid.
00:03:29.840But they were already talking about the 23 other states who have given a permission slip for the boys to participate in girls' sports.
00:03:36.700And unfortunately, my strong read of the conservative justices today was they're ready to join with the libs in saying that's just fine, too.
00:03:45.580So it's really unfortunate, but that's what I heard today.
00:03:51.260I want to get into it with a woman who has been behind the heart of not just this case, but so many cases that we care deeply about.
00:03:59.780Honestly, like, Kristen Wagoner is like an angel.
00:04:03.680She's – every case you care about, every issue you care about, she's defended it.
00:04:07.420She's gone to the Supreme Court with her group.
00:04:09.180She's always on the right side, like literally right, but also correct side, and we owe her a debt of gratitude.
00:04:17.620She's the CEO, President, and Chief Counsel of Alliance Defending Freedom, Love ADF, which represented both of the states here, Idaho and West Virginia, and submitted briefs in this case, along with three female athletes that do not want to have to compete against males.
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00:05:35.740I gave the audience my quick back of the envelope, but your take is more important and more informed than mine.
00:05:40.500Well, I loved hearing your take first because I feel like we're all somewhat emotionally invested in it, but when you're sitting in it and you kind of know the ins and outs, let's just start with the court.
00:05:51.340I mean, I think overall, I agree with your take.
00:05:54.1006-3 is probably the way it will result with some concurrences as well.
00:05:59.680I think that the argument went very well.
00:06:02.760I was surprised at, well, maybe not surprised, but delighted by some of the ACLU's concessions.
00:06:08.380They essentially rolled back their arguments on Title IX altogether, even saying that the lower court decision that they won under was wrong.
00:07:21.140And it did dawn on me, Kristen, that, like, the Supreme Court is really one of the last few places where there's true decorum that is maintained.
00:07:59.560Like, the nonsense when the lawyer for BPJ in the second case, this is a boy pretending to be a girl who wants the right to play in girls sports, and said, the one thing you really shouldn't do in your ruling, because he was sensing that they were going to rule against him.
00:08:15.620And now this lawyer has switched to, let me limit my loss here, so that it's just, these 27 states can uphold their ban, but don't touch my 23 that affirmatively allow this.
00:08:28.660And so, I think it was, it was a Kagan or was it Ketanji Brown Jackson was like, tell us what not to rule.
00:08:36.220Like, tell us exactly how we're supposed to rule, um, so that we can sort of protect these other rights.
00:08:41.320And he was like, for the love of God, don't, don't define biological sex.
00:09:05.280But, you know, these girls that we're talking about, the opening argument of, you know, BPJ is this 11-year-old that just wants to have fun.
00:09:40.900He starts, you know, throwing amazing, supposedly after puberty blockers, you know, when all this is not supposed to have an advantage, at least from what we heard today.
00:09:50.420And instead is displacing all these girls.
00:09:52.940And now Adalia wasn't even able to compete in the competition.
00:09:56.320She was completely knocked out because, as Justice Kavanaugh said today, there's a limited number of spots.
00:10:22.000And then when he got on, he wasn't at the front of the pack.
00:10:26.220And, like, eventually, after a lot of hard work, he moved up a little.
00:10:29.760But, like, you would really think this is a Charlie Brown of athletes.
00:10:33.560And none of those facts that you just said came out today in court.
00:10:37.560They left everybody there with the impression that this was, like, not even a middling athlete.
00:10:41.880And, like, what are you complaining about?
00:10:43.540This poor guy was, like, this little weakling who barely made the team.
00:10:49.400But, Kristen, wasn't this – this was the case at which I saw Riley Gaines with the shot putters who walked out of the shot put circle and said, I'm not competing against a boy.
00:11:00.680Megan, there is so much to this case that, I mean, it's just – yes, it starts with our client, Adalia Cross, was on the same team as BPJ, was competing in the top of the team and had these spots.
00:11:14.360And, you know, the first year when BPJ was in sixth grade, she was in seventh grade.
00:11:19.100And during that time, you know, she was still in the top spot.
00:11:22.360By the next year, she starts getting knocked out.
00:11:24.700BPJ allegedly is starting to throw 10 to 20 feet longer.
00:11:28.000And then all these girls are falling off because he's taking these spots in higher competition.
00:11:34.500Next thing you know, the five shot put or discus people were at a different school, actually.
00:11:40.840And they protested and said, we're not competing against a boy.
00:12:59.640I mean, you know, majority of the court would consider themselves to be originalists and textualists.
00:13:03.880And but at the same time, this decorum that you're talking about, no one wants to hurt people.
00:13:08.780No one wants to hurt their feelings or unnecessarily offend.
00:13:12.100And and I think that's how this thing, you know, the women got steamrolled in the first place is is we don't want to have to confront and hurt people.
00:13:19.420But I think we're getting confused about what compassion and kindness actually looks like because it can't exist without truth.
00:13:26.920I mean, even the idea of having to keep track of cisgender and transgender and transgender girls versus I mean, it was it's mental gymnastics in the courtroom.
00:13:36.820I find cisgender girl and cisgender woman a slur.
00:13:42.140And I heard it about 12 times today from Ketanji Brown Jackson, who, of course, was unable to define what a woman is during her Supreme Court confirmation hearing.
00:13:52.060And once again, today seemed very focused on how to get around defining women and get around a ruling that would help women in any way, which she sensed, as I think you and I did, is coming from the majority.
00:14:05.740Well, remember that in her nomination, when she answered that question of she couldn't answer what a woman was, she said she'd need to talk to a biologist.
00:14:14.720And fortunately, the record is chock full of them in these cases.
00:14:18.900There is ample science, real biologists that actually know what it means to be a woman and can define it.
00:14:26.340And I believe the court will uphold biological reality in these cases.
00:14:30.900But, man, if today is not a reminder that we have much more work to do.
00:14:36.260And again, in the Idaho case, as an example, we represent two athletes who were beaten many times by a man at the collegiate level who took the Big Sky Championship.
00:14:47.420So, you know, there are there's so many different women that have suffered as a result.
00:14:52.380And of course, we haven't even started talking about locker rooms.
00:14:54.760I know exactly. That's not really at issue here.
00:14:57.520So let me just play this this moment where the Alito called B.S. on BPJ's lawyer who is trying to say, don't whatever you do in this opinion, do not define biological sex.
00:15:10.320Because, of course, he knew this is going to seal our fate in many cases.
00:15:13.880God forbid they just say that a woman is a has a certain set of gametes and a man has a different set of gametes.
00:15:20.860The women's will turn into ovaries. The man's will turn into testes, period.
00:15:24.340Or a woman can have a baby or a woman has XX chromosome, whatever.
00:15:56.520I think that the underlying enactment, whatever it was, the policy, the law, the would have to we'd have to have an understanding of how the state or the government was just understanding that term to figure out whether or not someone was excluded.
00:16:07.540We do not have a definition for the court and we don't take issue with the we're not disputing the definition here.
00:16:13.460What we're saying is that the way it applies in practice is to exclude birth sex males categorically from women's teams and that there's a subset of those birth sex males where it doesn't make sense to do so according to the state's own interest.
00:16:25.520Well, how can you how can a court determine whether there's discrimination on the basis of sex without knowing what sex means for equal protection purposes?
00:16:37.360I think here we just know that we basically know that the that they've identified pursuant to their own statute.
00:16:44.160Lindsay qualifies as a birth sex male and she's being excluded categorically from the women's teams as the statute.
00:16:50.240So we're taking the statute's definitions as we find them and we don't dispute them.
00:16:53.720Okay, that was in the first case, Hecox, and then it happened again in the second case with BPJ when there was a male attorney up there.
00:17:01.220Title IX prohibits discrimination on basis of sex.
00:17:32.400How can we decide that without knowing what the statutory term means?
00:17:36.060Well, I think there are a whole range of sex-based characteristics that can give rise to discrimination.
00:17:41.960I think if someone said, I'm going to discriminate against anyone who acts in a feminine manner, like anyone with limp wrists, I don't care who they are, but I'm going to discriminate against them.
00:17:52.960Like, I think that would be sex discrimination.
00:17:55.740It would be sort of gender presentation.
00:17:58.240But I wouldn't say that's not covered by Title IX.
00:18:00.900And so I just, I'm not saying that biological differences aren't part of sex.
00:18:07.020You don't think we should have an operating definition of sex in Title IX?
00:18:12.020Now, I understand the idea that, well, the question then becomes not whether or not there's discrimination on the basis of sex, but whether there's discrimination on the basis of whatever characteristic you think should be included in the definition of sex.
00:18:29.900Now, when it's used as a statutory term, I'm not sure you have that kind of flexibility.
00:18:33.820The question would be instead, what does Congress think the word means?
00:18:38.480But that's really what it comes down to, right, Kristen?
00:18:43.740And do you think that they will have the courage to do the very basic work of defining what biological sex means in order to determine a case in which these bans are based on biological sex?
00:18:57.400I think it's going to be very challenging to resolve the equal protection claim without bringing some sort of definition in on sex and it being related to biological sex.
00:19:11.200I mean, under the Equal Protection Clause, the whole threshold is when the legislature draws lines, are they drawing those lines so that they're treating similarly situated people similarly?
00:19:21.420And so the biological distinctions here matter greatly, and I think that you have to define it for equal protection purposes, and we all know what it means.
00:19:29.760You know, the only person that doesn't seem to know are progressive left activists who are actually trying to erase the rights of women and girls across this nation.
00:19:39.280At Title VII, also, I think you just look at the statute, which says, is there sex-based discrimination, and the statute itself anticipates that you will separate the sexes based on athletics as well as in living facilities because, again, they know what biological sex means and what it meant when the law was passed.
00:19:58.000So I think the court may not want to fully go there in this, but I think you'll almost have to resolve it, and I sure hope they do.
00:20:07.380I mean, I just kept thinking, Megan, I can't—10 more years of this is insanity.
00:20:12.740No, no, I mean, girls are being hurt by the day, by the day, by the second.
00:20:18.020Well, I think of Adelaia as an example.
00:20:19.920I mean, yes, this is about sports, but we all know that, you know, Title IX, as an example, has just been a weapon used by the last administration, you know, changing the regulations, changing the standards, and as they're doing that, they're opening up locker rooms.
00:20:35.060Adelaia Cross, under oath, multiple times says he comes up behind her, threatens her with sexual assault.
00:20:41.040The school does nothing because they don't want to have to deal with it, and yet, all along, girls and boys are sharing these locker rooms.
00:20:48.520They have different anatomy, and that anatomy plays out in a very real way.
00:20:52.980Imagine having your daughter being threatened with sexual assault two to three times a week, which is what's going on here.
00:21:04.380It was the Hickox, or Hickox, whatever you pronounce it, case involved somebody who was at the University of Boise, right, in Boise, Idaho.
00:21:17.540So this was a person who was older because they were in college, and they wanted to play college sports.
00:21:24.160But the plaintiff in the other case, out of West Virginia, was somebody, BPJ, who said that they had started puberty blockers, like they knew that they were, quote, trans as of third grade, that they went on puberty blockers straight into cross-sex hormones, and therefore never had male puberty, and therefore never developed male advantage.
00:21:44.700By the way, the plaintiff in the Idaho case, who did go through male puberty, also argued he had no advantage because he lowered his testosterone levels.
00:21:54.520And so he's just the same as you and I, you know, as if, like, Shaquille O'Neal, post-puberty, but taking testosterone, you know, blockers, would have no male advantage over us because it's all wiped out once his T levels go down.
00:22:10.260It's absurd, but we were operating under that premise like it was real today in the high court.
00:22:16.480But the BPJ kid was somebody who is a male, but at a very young age started to do these cross-sex hormones and so on.
00:22:26.480But you just mentioned something that doesn't come out in the coverage of BPJ, which is that there's been an allegation that he repeatedly has been saying to the girls on his teams, you can suck my D.
00:22:38.560I'm going to take my D and shove it in your P and, like, really vile, disgusting stuff, which is sexual harassment.
00:22:56.960She's been excluded from her own locker room and her own athletic team because there's, one, not equal opportunity, not fair play, and he's taken a spot on the team.
00:23:07.380And then would you go back into that situation?
00:23:15.280And I think when we're thinking about the legal question here, you know, the question is, can states draw legislative classifications and what's the standard that they should be based on when they're reviewed?
00:23:26.560Certainly, states can recognize that, generally speaking, there are advantages that biological males have that just exist.
00:23:35.580And so, essentially, what was being argued today is that we have to create individualized exceptions, first of all, which would mean, I mean, I don't even know how a state would pass a law.
00:23:44.620If every time you needed to make an individualized exception, and then second, on the assumption that sort of the science doesn't support it.
00:23:53.840And the record's just clear that the science does.
00:23:55.900Okay, so yes, so let's just set that up clearly for the audience.
00:24:08.200It does differentiate, based on sex, between boys and girls, but that's been accepted.
00:24:13.880To do it in this fashion, and especially based on sports, that's been made perfectly clear, is totally fine and a-okay.
00:24:20.180And so, these plaintiffs couldn't get up there and say Title IX and the Equal Protection Clause, like, have to go, because they're discriminatory against our clients.
00:24:27.740They said, oh, we—one of the arguments was we deserve exceptions, because our clients don't have male advantage.
00:24:34.600One, because they lowered their testosterone, and one, because they did this drug regimen.
00:24:38.320And the justices were like, so we have to make an exception, like, just for your clients or, like, for all clients who don't have male advantage, and how are we going to figure that out, like, as a group?
00:24:52.700And, like, the impossibility of it, Kristen, became pretty clear to me.
00:24:57.040And then we got to the point where the one lawyer in BPJ's case was like, well, I think, you know, back on the sex question, you shouldn't define biological sex in determining any of this, because even if you were to go with, like, the biological sex definitions that we could all recognize, there's going to be the XY chromosome kid who's got a limp wrist.
00:25:20.800He actually said that. He was talking about how, like, some boys have limp wrists, and, like, started arguing about, like, we should factor that stuff in, in figuring out who's going to get an exception and who's not.
00:25:33.900It's completely unadministratable, but I think that also just the underlying truth of what was being debated in just the sense that boys are treated the same under this law.
00:25:45.600Girls are treated the same under this law, and the idea that somehow boys who identify as girls need a special exception, what about the many others out there?
00:25:56.540As you said, maybe shorter. I'm short. What about those who have a disability? What about those who are just on medication, and that might impact their performance?
00:26:06.460Are we doing exceptions for all of those individuals?
00:26:08.960The fact is, the ACLU today made the case that they do believe in sex-based athletics. They do believe that there are differences. They agreed to that. And they don't want to get rid of those differences.
00:26:21.980They just want boys who identify as girls to be able to come into the girls category. And we need to ensure that that doesn't happen, because women deserve equal opportunities, fairness, and privacy.
00:26:32.220They actually got up there and tried to spin us that boys who are on puberty blockers may actually be at a disadvantage.
00:26:48.100It was crazy. It was like, not even puberty blockers. I think this was about, like, a post-pubescent male who then lowers his testosterone, like the first plaintiff in Hickox.
00:27:00.620That that person's at a disadvantage versus biological girls, and here's how that was spun by attorney Kathleen Hartnett, SOT 11.
00:27:09.360I do think that's the most prudent, but definitely on a record that's more developed, because I think a lot of, I think in the end of the day, it might end up being a surprise to, we don't know yet, but I think we have some good evidence that actually, at the end of the day, being transgender woman, actually, to the extent there are, and you've repressed your testosterone, you're at somewhat of a disadvantage in many ways, because you have, again, this larger frame with weaker muscles and no testosterone.
00:27:32.580Okay. By the way, it's not no testosterone. That's a lie, too. They just get their testosterone levels down to something closer to what a female would have, but they still have all the advantage of male puberty and male bone length and strength and heart and lung capacity and all the rest of it.
00:27:54.620You mean, like, you mean, like, Will, who goes by Leah Thomas? Is that what you're talking about there?
00:27:59.900Exactly. That's a great example, because people can see it with their own eyes. Like, that's a post-pubescent male who tried to pawn himself off as female, and puberty blockers or whatever, testosterone, you know, pills to lower it or not, you can see with your own eyes he's got an advantage over the females.
00:28:19.080Well, the science tells us that there are denser bones, longer bones, that all of these physical advantages don't go away with puberty blockers.
00:28:26.600Again, the science confirms that even after puberty blockers, there are inherent physical advantages that boys have that girls simply don't, and they never will.
00:28:36.420And, again, I think it underscores the, and also, I just want to say this, why would we create an incentive for children to go on puberty blockers, particularly when the court has already just said in Scrimetti that, hey, this is a medical experiment, and we're, you know, have some concerns about that, and the state should be working these things out right now.
00:28:56.700So I think there's just a lot of implications to that argument, but the science is clear, and, again, so are the rights of the states to be able to draft reasonable legislative classifications that are based on sex, and really what's being done here is an argument to say, we don't really mean sex, we mean gender identity, and we know that that essentially erases women.
00:29:16.760Yes, exactly right, and so, unfortunately for us, though, we're stuck with Bostock, which was a Supreme Court case deciding that under Title VII, which governs employment, gender identity is a protected class, and you cannot refuse to hire somebody based on their gender identity, which is just really crazy.
00:29:36.320I mean, it's crazy. Just the other day, Kristen, we played a tape that a young girl at a Planet Fitness out in California took of an allegedly trans person, a guy pretending to be a girl, in the women's locker room at Planet Fitness in California.
00:29:49.600Not to get too graphic, but clearly he was pleasuring himself in the women's bathroom stall, and you could see it, not based on, you couldn't see him exactly, but you could see the shadow down below, and this clever girl took a video of the shadow, which clearly showed what he was doing.
00:30:03.360And you and I both know that the vast majority of these male-to-female alleged trans people are autogynophiles who are actually not gender confused.
00:30:11.900They're getting off in a sexual fantasy in which they get turned on by dressing like women and being around women while they do it.
00:30:19.760And nonetheless, we had to be subjected to, you know, the court talking about these people like they're, you know, in Bostock, like they're just like you or me, or they're just like somebody who's like a black person who has an immutable characteristic that's, you know, skin color, or a woman who's got an immutable characteristic that's, you know, her lady parts.
00:30:39.420And they actually gave them the protection of the law saying you have to hire these people.
00:30:43.700So if this guy who is pleasuring himself in the Planet Fitness comes into my company and he wants me to hire him, and I know that he's probably an autogynophile, I can't say no because of Bostock.
00:31:36.680And I think his comments today were concerning in the sense of talking about whether we should essentially equate those who identify as the opposite sex to some sort of special class status under the law that would be akin to race.
00:31:52.740But, you know, we don't know the reasons he was asking those questions.
00:31:55.800So it might have been that he was trying to get to a place to resolve the case in a more straightforward way.
00:32:29.560Because, like, I was so discouraged that they, Gorsuch did not seem like he's going to rule in our favor on that one.
00:32:35.940And Kavanaugh seemed like he wasn't going to rule in our favor on that one.
00:32:40.800And we can lose one, but we can't lose two.
00:32:44.560I think we don't know when the issue is actually presented.
00:32:47.660And it underscores the importance of the American people.
00:32:50.580It underscores the importance of who we elect in terms of the legislators that are passing laws and the legislative history that they put in place.
00:32:59.440I think that there's a reason even the Department of Justice today in the argument said, you know, we're not going to take a position on that, on equal protection.
00:33:07.860And we actually believe Title IX protects girls in these instances.
00:33:12.020And when it comes to Justice Gorsuch, again, I think there are easy ways to distinguish Bostock.
00:33:17.600That was about whether in a hiring and firing situation, and you had to take account of sex in that instance, that sex was like what it turned on.
00:33:26.640Whether that qualified under the statute of sex discrimination.
00:33:31.260In this context where we're truly talking about gender identity, the hinge point is not sex.
00:33:37.660A boy who identifies as a girl is treated the same as a boy who identifies as a boy.
00:33:50.880And I think eventually we're going to win.
00:33:52.760And if we don't, I worry about Western civilization, just candidly.
00:33:58.040I mean, I think that's how important this issue is, that we can talk about what we know to be true in human biology.
00:34:04.740I'm honestly, I just have to reiterate, I'm so grateful to you.
00:34:09.440It's one thing to sit in the anchor chair and get outraged at these stories.
00:34:13.280And there is a role for bringing attention to them in the media.
00:34:17.140Um, so I'm not completely discounting the press in this, but, and usually they've been a force for evil, but it takes someone like you to get off the couch, get up early, file the briefs, go through the litigations, which are just painstaking and tedious.
00:34:34.200And the interrogatories and the depositions and the motions to dismiss and the motions for summary judgment and then the motions for appeal and then the appellate briefs back and forth and then the oral arguments and then appeal up to the next level.
00:34:44.900And then it's like, it's so much work.
00:34:47.440And I, I know it cause I used to do it for a living and I just, I'm so grateful to you for doing it over and over and over to make sure these things come out right.
00:35:00.780And it's on all cultural issues, but this one is the one of our time, Kristen.
00:35:04.260I'm just, I can't imagine how, when you go back and you talk to the girls, like the girls in this case, what was their reaction?
00:35:11.240They're excited, they're relieved that the argument came, but I mean, I'll tell you, as we're getting ready yesterday, you know, there's some, there's some emotion involved about being, you know, having your face all over and what does it mean in terms of the hate that you get?
00:35:25.680And, and yet they're strong and they're courageous.
00:35:28.620And I believe they've unleashed warriors by, by taking this battle on MK and Maddie, they're passionate about this issue.
00:35:35.520They receive scholarships under Title IX, scholarships that, you know, if they hadn't received them, they might not have been able to go to school and Laney is the same.
00:35:45.640And then we've also been able to partner with Attorneys General Labrador and McCuskey in West Virginia and Idaho, and they have stood strong in this from the very beginning, as we've represented the states alongside them.
00:35:57.900So, there are bright lights in this, but it takes endurance and grit, and just as you said, it takes the media, it takes your voice, that's what's helping us turn this corner.
00:36:07.740It's ordinary Americans, and it's Americans who have a platform saying, we're going to stand for truth, we're contending for our girls.
00:36:14.520These girls you just named and that we just showed, all of whom have been disadvantaged by boys pretending to be girls playing in their sports, are not going to get a PUF profile done on them.
00:36:31.540And while the attorney stood up there today, the female attorney for Hickox, and said, oh, I would never call them bigots, you know, because there was a question, are they bigots?
00:36:40.300Oh, I would never call them that. The reality is that the trans side does call virtually every girl who comes forward to stand up for herself a bigot, a transphobe.
00:36:50.100So, that's fine. You can say that to the U.S. Supreme Court.
00:36:52.780Those of us who live in the real world have heard you and the ACLU and the trans lobby do that every single day since we started fighting back.
00:37:03.140This is instead what you get. You get a profile like this from ABC News.
00:37:07.160This is on BPJ. This is just this past Monday where I didn't I didn't hear about any of the controversy that you and I just discussed.
00:37:21.320With each throw of the discus, Becky Pepper Jackson strives for perfection.
00:37:27.020I put time in over the summer and after practices just trying to improve my technique and get better.
00:37:32.720The high school sophomore from Bridgeport, West Virginia, was born into a family of runners.
00:37:38.220Consistently at the back of the pack, a coach instead pushed her to learn to throw.
00:37:43.040My times were too slow and she didn't want me to not make the team.
00:37:46.140So, she introduced me to shot put and discus and that's when I just fell in love with it.
00:37:50.560Becky's throws earned her a spot in the state championship last season.
00:37:54.280The first time the only known openly transgender athlete in West Virginia in any sport took a top prize.
00:38:01.120Your teammates don't see a difference in your performance or your presence.
00:38:06.160No, most of them are really kind. They support me all the way.
00:38:08.940It's just like being any other person on the sports team.
00:38:11.500She may be embraced by some teammates, but she's been protested by other athletes and targeted by state lawmakers.
00:38:19.000Targeted. It's a failed Devin Dwyer of ABC.
00:38:21.540That's what we get about Becky, who's outed herself and her identity, as opposed to what we hear about the other girls, the alleged bigots.
00:38:31.900Well, a number of her teammates actually had to wear their track uniforms underneath their clothes or wear their track uniforms to school because they didn't want to have to share a locker room with BPJ and a boy.
00:38:40.500A number of the teammates have been displaced.
00:38:43.700Exactly, you know, 423 girls, again, that BPJ has competed against in the course of the last several years have lost their positions 1,100 times and, again, 57 medals.
00:38:54.760So, you know, some of those girls are afraid to talk because of the treatment that they get, and that's all a part of the design, the bullying that goes on.
00:39:01.640But, again, as this injustice occurs, as we bring light to it, more and more girls are coming forward.
00:39:08.200I'm sure you saw a recent U.N. report says there have been upwards of 900 medals lost.
00:39:13.640Yes, I was glad that that came out today.
00:39:16.220I was very glad that came out today because the one lawyer got up there and was like, oh, this is BPJ's lawyer.
00:39:22.020And the lawyer was like, oh, there were no cuts.
00:39:49.420John Oliver told this lie on his show.
00:39:51.400My daughter's history teacher last year told this lie to her and her friend, saying, it's not happening, Kristen.
00:39:59.620There just really aren't boys playing in girls' sports taking their medals.
00:40:02.960Well, a significant portion of our work has been dealing with how gender ideology is affecting all Americans and, frankly, all around the world.
00:40:11.920You know, the U.N. report, as an example, was a central feature of a hearing that we testified at, along with the author of that report.
00:40:19.180And Sharon Davies, an example, this is happening around the world where they are losing these medals.
00:40:23.960In addition, when we talk about the work that Alliance Defending Freedoms had to do in these areas, you know, lies can't exist without censorship taking place.
00:40:31.260And so we have to ensure that we can continue to speak freely and have the right to raise our kids consistent with the belief that men and women are different and to celebrate that.
00:40:41.360And that's the underlying issue here and what's really going on.
00:40:45.000The last thing I want to make sure is clear.
00:40:47.940You know, it's not about not having a team to play on.
00:40:52.020It's that athletics, biological differences matter.
00:40:54.740And so the biological boys need to play in their category and the girls play in theirs or they can play co-ed or actually the girls, even who identify as boys, can play in the boys category because the laws recognize these biological distinctions and say, no, the girls don't have an unfair advantage.
00:41:12.980So, again, I think that the issues get distorted in the press and how they're recounted.
00:41:17.960But I am optimistic that the court's going to rule the right way.
00:41:20.680I am also resolved that we have a lot more work to do before we ensure that the next generation doesn't have to deal with this ideology that crushes people and families.
00:41:31.960Yes, we will cover the Eighth Circuit argument that you have coming up in two days.
00:42:37.580Not totally sure where he's going on the second round, you know, what to do about the 23 blue states that have laws allowing it because we need those struck down.
00:46:06.100So I'll just ask you quickly, I don't know if you've been following the coverage of today's Supreme Court arguments, but it was a theater of the absurd with the preferred pronouns being used by everybody, biological reality out the window, cisgender being thrown around there, which is a slur.
00:46:33.940And then these lawyers standing up there trying to argue that a male who went through male puberty has no biological advantage over a woman so long as he's taking something to suppress his testosterone a little bit.
00:46:47.580The whole situation is so insane that a college professor who's unhappy with her own sexuality can write a theory and talk an entire nation, an entire culture, really, out of one of the essential facts of human life.
00:47:00.840Not one of the essential facts of human life, one of the greatest facts of human life, the thing from which most of our joy comes from, most of our pleasure comes from, our lives come from, the difference between men and women, which is supposed to be something that we celebrate and love, even as it causes us all the troubles that romance causes us.
00:47:17.280And it's just amazing that a theory, a theorist with no scientific backing, with absolutely all the science speaking against her, can talk a culture out of that.
00:47:27.000That's an amazing power that we give to intellectuals and to academics who are coming out of just their own heads without consulting anything.
00:47:37.440Why this should even be a conversation.
00:47:39.420And you guys, I heard you guys talking about Gorsuch, his decision in Bostock from a guy who says he's an originalist, nobody who originally wrote a law.
00:47:47.280Was thinking of anything but women when they mentioned women or anything but men when they mentioned men.
00:47:52.360And so there's absolutely no reason, you know, to accept even people cross-dressing, which can be offensive in a society.
00:47:59.400There's absolutely no reason why you should have to hire somebody who is cross-dressing simply because a woman can wear a skirt so a man can wear a skirt.
00:48:06.620No, we live in a society. Our society has traditions and norms.
00:48:10.040And if you're in business, you want those traditions and norms to be upheld.
00:48:14.540But far beyond that, if you're dealing with the actual physical differences that come up and are so important in sports, you know, you have to deal with them.
00:48:23.480And I'm somebody who I love NFL football.
00:48:25.900I watch these guys run into each other in ways that would break my bones.
00:48:29.320I can only I can't even think of what would happen if they ran into a female.
00:48:33.080And so if you follow this to its absolute logical conclusion, you simply have dead bodies lying up over a hundred yard field.
00:48:41.440And the fact that we can be talked out of reality by a college professor's theory or a movement that basically backs it up by screaming at people is insane on its face.
00:48:51.100And to see the U.S. Supreme Court have to go along with it.
00:48:54.080I mean, the conservative justices were just being polite and trying to maintain decorum.
00:49:13.420There's so much news and I don't have you for that much long for that for a long time.
00:49:16.940I want to hit Minnesota where there is new video today revealing, I think, I don't know who this is.
00:49:24.720There are reports that it's Renee Good's partner or wife, but I don't think it actually is.
00:49:30.240I think it's somebody else who videotaped the whole thing from behind the confrontation.
00:49:33.880But would you listen to the question this person shouted at the cops after Renee Good was shot after she accelerated her car into an officer?
00:50:09.560When you have the mayor basically deciding the case after looking at one of the many, many videos that are very difficult to interpret.
00:50:16.840When you have the governor of the state come out and say that he's going to call out the National Guard essentially to fight with federal forces, which is a declaration of civil war.
00:50:27.980It's all fun and games and it's all make believe.
00:50:34.760I mean, this is a conversation that I feel was interrupted after Charlie Kirk was murdered.
00:50:39.760The revelation of just how violent, how lawless, how destructive the left is in this country while claiming that the right is all those things.
00:50:50.080There are obviously always going to be bad guys on both sides.
00:50:53.720The issue is this is a movement that is anti the founding of this country, that believes it has the right to commit acts of violence, that will talk you out of this burning down a city.
00:51:05.000They say they'll tell you that that's not an act of violence because it's an act against property, as if property were not an extension of the people who build it in the place that holds their hopes and dreams and lives.
00:51:15.840I just think, you know, this is a reality that I don't feel the right has gotten its its its head around.
00:51:21.520I mean, I am I am all for, as you know, you and I have talked about this.
00:51:24.940I am all for dispelling and intellectually browbeating the the Jew aiders and the conspiracy theorists among us.
00:51:31.640But we we have got to bring the right together.
00:51:34.760I mean, when I'm when I say this, this left is so violent and so lawless and so dangerous.
00:51:42.160We defeated them in the last election, not just because of the great candidacy of Donald Trump,
00:51:46.520but because a phalanx of rebel media that included Megyn Kelly and Ben Shapiro and the Babylon Bee and even guys who are not that political like Joe Rogan
00:51:56.540and even people on the left like Bill Maher, who at least believe in freedom.
00:52:00.200These people have got to stick together and stop squabbling among themselves because I totally agree.
00:52:06.080The threat we face is so I will say for the record, one's attempt to forge, you know, reconciliation in this lane can go completely on unrewarded.
00:52:47.060What's happening in Minnesota proves that better than anything like it's and it's not just like the crazy loons leftists who are like crying on camera, who are kind of funny.
00:52:57.140It's the ones who are actually out there.
00:53:04.760And they're saying they're going to take out, yes, ICE agents, which is bad enough, but also MAGA, like literally threatening us, which they just did with Charlie.
00:53:13.120They celebrated the murder by Luigi Mangione of the – that guy wasn't MAGA, but like they're fine with political violence.
00:53:20.620That's like what I've been trying to say all along, Andrew, is like we do have defined enemies and we must band together in defeating them because it's like they're – it's at a crescendo right now.
00:53:31.080It's almost at like a genuinely frightening crescendo on the left.
00:53:34.680And they're pointing to us, saying we're the ones crescendoing it.
00:53:38.440They can pick out the outsiders among us and make believe that they're the same as the insiders among us, the AOCs and the mayor of the city of New York, who is really one of – I think one of the worst people in the country.
00:53:49.920And really has to be – they have to be battled.
00:53:52.280And, you know, we forget so quickly – and this is partly the media does this, even to people on the right.
00:53:58.300We forget so quickly what happened under the Biden administration, the parents protesting pornography, homosexual pornography in their elementary schools, who were threatened with investigation by the FBI as terrorists.
00:54:10.200The people who went to Latin mass were threatened by the FBI.
00:54:13.580The people knocked off social media for their opinions, including the president of the United States, you know, who were banned and silenced.
00:54:20.800We came this close to losing our First Amendment under the Biden regime, and it really was close.
00:54:27.380And we've got to remember the power that we have amassed by being a fearless rebel media that speaks its mind and that allows people in.
00:54:38.380You know, when I mentioned Bill Maher, I mentioned him on purpose because I always have respected him, even though I disagree with him 85 percent of the time.
00:54:44.800I've always respected the fact that he'll bring on Ann Coulter, that he'll talk to Ben, you know, he'll talk to anybody, basically, because he believes in the founding.
00:54:55.120It's between those who believe in the founding of this country and why we wrote the laws the way we did and why we set up the Constitution the way we did and the people who don't believe it.
00:55:02.620They just believe, oh, it was a bunch of white guys who hated black people and they owned slaves and that's evil and let's knock down their statues and build statues of George Floyd instead.
00:55:10.740I mean, those people are not just crazy.
00:55:13.480They are freaking dangerous and they're close.
00:55:15.840You know, they not only dominate one of our major two parties, they are absolutely in control of one of our major two parties, which was not always the case.
00:55:23.940But they also dominate our huge swaths of our press.
00:55:28.280And, you know, I think that even even some of the press that I would call right leaning, they don't understand it.
00:56:49.460Listen, even though you guys were talking about language when you were talking about the Supreme Court and even the language they use when they say you have a right to protest in this country.
00:56:57.460If you want to stand off on the sidelines with a sign saying, if you're really, really nice, you get to break our immigration laws, go right ahead.
00:57:05.400But these people are throwing things at federal law enforcement officers who are actually doing what they're hired to do.
00:57:12.560It's not like they're breaking the law.
00:57:15.380They're actually doing what they're supposed to do, which is enforce federal law.
00:57:19.240And and people are debating whether the wheels were turned quite toward the agent when she tried to run him over.
00:57:24.900And are saying, well, he could have jumped out of the way or, you know, he should shoot to wound like an episode of the Lone Ranger television program from the 1950s.
00:57:33.540You know, it's like it's like it's nonsense.
00:59:48.980Because black people like we can't get on.
00:59:50.580We can't put our bodies on the line because cops will shoot us.
00:59:52.980And so the presumption had been, particularly a white woman, because remember, part of the rationale for doing this with ice is to save white women, pristine white women from being ravaged by, you know, criminal brown men.
01:00:55.860Because the left takes over every social movement.
01:00:58.620And the reason, look, the reason is we're blind in one eye because of our media's corruption and because of our academy's corruption and because of Hollywood's corruption.
01:01:06.540We see everything through the left wing perspective, every single thing.
01:01:11.340And it affects even right wing people's thinking.
01:01:13.800They don't understand how dangerous the left is.
01:01:16.220And when you're talking, that's just pure racism.
01:01:18.440It's pure racism that they're talking.
01:01:22.260And I'm as against racism now against white people as I was when it was against black people.
01:01:26.940There's absolutely no difference in my mind.
01:01:29.080Either it's right to judge people by the color of their skin or it's wrong.
01:01:32.620And I say it's wrong, and I say that on biblical principles, but I say it also on just moral principles.
01:01:38.200It's wrong to judge people by the color of their skin, but that's whatever color it is.
01:01:42.800And, you know, I keep hearing this word white used as a pejorative.
01:01:47.180You know, if you can do that, then you can use black as a pejorative, too.
01:01:50.220And they've constructed, I know all the theories I've read, unfortunately for me, all the theories for my sins, by which they construct a fabric of lies that makes it allowable to be racist against white people when it's not allowable to be racist against black people.
01:02:44.420But I think Trump believes he's entitled to a little bit more grace in actually, you know, seeing the results translate into people's pocketbooks.
01:04:04.700This is the amount of preparation that went into this deposition today.
01:04:09.160These were the questions that we were prepared to ask.
01:04:11.700We've communicated with President Clinton's legal team for months now, giving them opportunity after opportunity to to come in, to give us a day.
01:04:22.800And they continue to delay, delay, delay to the point where we had no idea whether they're going to show up today or not.
01:04:30.840As a result of Bill Clinton not showing up for his lawful subpoena, which, again, was voted on unanimously by the committee in a bipartisan manner.
01:04:41.020OK, so she's supposed to show up tomorrow and she says she won't.
01:04:45.000And now they are defying a government subpoena.
01:04:48.360They are risking being held in contempt of Congress, which is what sent our pal Steve Bannon to jail, which is what sent Peter Navarro to jail.
01:04:58.120But they were scheduled to appear for these closed doors depositions today and tomorrow in a letter.
01:05:03.500Attorneys for the Clinton say they won't be complying, writing President and Secretary Clinton have already provided the limited limited info they possess about Epstein and Ghislaine Maxwell to the committee.
01:05:13.320They did so proactively and voluntarily.
01:05:15.520And despite the fact that the subpoenas are invalid and legally unenforceable, why?
01:05:19.520Why? Untethered to a valid legislative purpose, unwarranted because they do not seek pertinent information and an unprecedented infringement on the separation of powers.
01:05:30.360OK. The attorneys called the episode nothing more than a ploy to attempt to embarrass political rivals, as President Trump has directed.
01:05:40.760And you tell me whether their next trip should be to Rikers.
01:05:45.940Absolutely. At least be given house arrest in Steve Bannon's house.
01:05:49.540I think that would be an even partial punishment.
01:05:51.460You know, it is it is this thing that they do with the law, though.
01:05:55.200They talk about the rule of law, the rule of law, the rule of law until it's them, until it has to do with, you know, attacking an ICE agent or denying a subpoena or anything else they want to do.
01:06:04.560The stuff that Jack Smith have I got his right first name right is Jack Smith.
01:06:08.720Right. The guy went after the prosecutor, went after Trump.
01:06:11.800The thing he's been saying to Congress behind closed doors, his interpretation of the law, which would essentially erase the First Amendment.
01:06:19.060This is it is a really interesting mindset that the people who vote for Democrats aren't sitting back and saying, well, wait a minute.
01:06:29.060You know, I actually was in I'm in favor of the rule of law.
01:06:32.440I was in favor of them taking away Steve Bannon.
01:06:35.440So why shouldn't I be in favor of them taking away Bill Clinton?
01:06:38.580It's funny that they don't say that, because even even I say that from time to time when a right winger goes astray, I say, you know, hey, if it's sauce for the gander, sauce for the goose.
01:06:47.200But they don't. It just absolutely stops at the Republicans door.
01:06:50.740The rule of law just is only for Republicans.
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01:09:43.440I now have my very own channel on Sirius XM.
01:09:46.620It's called the Megan Kelly Channel, and it is where you will hear the truth, unfiltered, with no agenda, and no apologies.
01:09:52.760Along with the Megan Kelly Show, you're going to hear from people like Mark Halperin, Link Lauren, Maureen Callahan, Emily Jashinsky, Jesse Kelly, Real Clear Politics, and many more.
01:10:01.700It's bold, no BS news, only on the Megan Kelly Channel, Sirius XM 111, and on the Sirius XM app.
01:10:13.260I was in the Supreme Court all morning and did not know that Scott died.
01:10:19.560He had just said the other day, he had just said on his show, that when you deteriorate markedly from month to month, you should have months left to live.
01:10:30.900That when it happens week to week, you should have weeks, and when it happens day to day, you probably have just days.
01:10:37.680And a couple days later, he died, and he said he thought he had months.
01:10:41.260He said he thought he had months left, so it happened quickly.
01:10:44.880And his ex-wife, Shelly Miles Adams, went on his feed today and delivered the following message, SOT 71.
01:10:52.580Everyone, unfortunately, this isn't good news.
01:10:59.580Of course, he waited until just before the show started, but he's not with us anymore.
01:11:07.000He has a final message that he wanted to say.
01:11:10.620Many of my Christian friends have asked me to find Jesus before I go.
01:11:14.600I'm not a believer, but I have to admit the risk-reward calculation for doing so looks so attractive to me.
01:11:57.940You know, Pascal was a great mathematician who converted to Christianity, and he said it only makes sense that you're risking eternity.
01:12:03.700It only makes sense to believe because you don't lose anything by believing, but you could gain eternity, and it's worth the wager.
01:12:10.020And so that was what Scott was saying.
01:12:11.360You know, he was—listen, it's funny.
01:12:14.120I used to listen to Scott all the time, and I had him on my show very early on when he started talking about political things and just really liked him.
01:12:22.300If he would ask me do I agree with, like, 50 percent of what he said, I probably would have said no, but who cares, you know?
01:12:28.900I mean, he was a creative, original guy, full of goodwill, almost always gracious, which I really appreciate in this atmosphere.
01:12:36.380I mean, he was always gracious to the people he attacked.
01:12:39.280He would always tell people he was a far leftist.
01:12:41.960I didn't see—really see a lot of evidence of that, but he claimed it all the time.
01:12:48.340But a big Trump supporter, the press, of course, the New York Times, and one of the pettiest, meanest little headlines I've ever seen,
01:12:56.020said he was a popular cartoonist until his racist remarks caused him to be canceled.
01:14:11.62068 years old, and I felt like he deserved more time.
01:14:15.020You know, when he announced casually that he had metastatic prostate cancer and that it had spread to his bones right after Joe Biden's announcement came out,
01:14:45.020He lost almost all of his speaking engagements.
01:14:46.820He was making like 50 to 100 grand per speaking engagement.
01:14:50.540And he said, and I may have lost my health, which at least is an indication that it was a tremendous stressor to him.
01:14:56.380It was something that really got under his skin.
01:14:59.180And I know people who have gotten very, very ill with fatal diseases, with potentially fatal diseases after going through stress like this.
01:15:07.200And I think it is just a sad statement about our society that a guy of that much graciousness, wit, humor, and wild, you know, helpful ideas should feel that maybe his health was compromised by the way he was treated by our intellectual chattering classes.
01:15:24.120He was brilliant, and he was the original Trump whisperer when nobody thought Trump could win.
01:15:33.400I mean, early on in the 15-16 campaign, he said he's going to win.
01:15:38.160And it was because he was an expert in persuasion.
01:15:42.680He was a hypnotist, and he had learned it's like the same thing as persuasion.
01:15:47.400And he had learned the way people who have high persuasion skills sound.
01:15:51.600And he saw Trump doing it from the beginning.
01:15:54.220And he used to do a lot of shows analyzing.
01:15:56.080It was a very interesting thing to listen to.
01:15:58.620And so that's why he predicted it when very few did.
01:16:17.340He just had a different way into every story, and he was very accurate in his ability to size people up, stories up, take something and be like, that's not going to happen.
01:17:01.660The Boston Globe, Scott Adams, Dilbert creator who veered into racist far-right commentary, dies.
01:17:10.300That's their headline to sum up this man's life.
01:17:13.360New York Times, breaking news, Scott Adams, whose comic strip Dilbert was a sensation until he made racist comments on his podcast, has died at 68.
01:17:25.660And by the way, I'll get to the juxtaposition of the New York Times on Qasem Soleimani when he died versus what they're saying about Scott Adams.
01:17:38.100But I do want to start with the People magazine piece.
01:17:42.160I'm telling you, stop buying People magazine.
01:18:01.840He writes, this is the monstrosity who wrote the Vile article.
01:18:04.940Scott Adams was a great man, loved and mourned by millions.
01:18:07.980This person is a nobody, loved by no one.
01:18:10.700The world won't even notice when this person dies.
01:18:13.660Now they took down her name and exchanged it for staff, staff at people because they don't want to take, you know, the responsibility for it.
01:18:25.100And hold on, there was one more, you know, this is from Matt.
01:26:48.020Like, being in the public eye, they will tear you limb from limb, even in death.
01:26:56.280And all you can hope is that the people who did know you, who listened to you, in Scott's case, listened to your show, and maybe occasionally actually got something out of it, know in their hearts who you were.
01:27:24.400And I know millions of Americans will miss him.
01:27:27.280And I know people listening to this show right now feel the same.
01:27:30.200So thank you all for being not just truth tellers, but people who see through the bullshit.
01:27:35.820And I believe the people listening to this show have been trained now that when you see anyone in the right wing getting piled on, and Scott may have called himself a leftist, but he was right wing.
01:28:00.100And it's perfectly fitting that he converted to Christianity right before he passed, that you have to take it all with so many grains of salt.
01:28:08.180You have to take it all with, like, one of those huge salt mountains that you see in the wintertime before they go to salt the roads, you know, because they lie.
01:28:16.160They lie, lie, lie about people like Scott, and it's deeply immoral to do it in the man's obit.