The Megyn Kelly Show - SCOTUS Strikes Down State ＂Conversion Therapy＂ Ban, Tiger Speaks Out After DUI Arrest： AM Update 4⧸1

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00:00:30.000 good morning everyone i'm megan kelly it's wednesday april 1st 2026 and this is your am update

00:00:39.080 almost the entire court recognized just how problematic it is for the state of colorado to

00:00:44.700 pick one side of a debated moral scientific and religious issue the supreme court in an eight to

00:00:52.440 one ruling strikes down a ban on so-called conversion therapy for lgbtq youth we speak

00:00:58.880 to the attorney who successfully argued the case. Congressman Eric Swalwell really doesn't want you

00:01:04.640 to see those FBI files tied to his past with suspected Chinese spy Fang Fang. You're a

00:01:10.860 billionaire, bro. You can afford car service. We are very fortunate, ladies and gentlemen,

00:01:17.180 that Tiger Woods hasn't killed somebody. Tiger Woods speaks out for the first time since his

00:01:21.780 latest DUI arrest on Friday. And tonight, astronauts set to head back toward the moon

00:01:27.860 for the first time in more than 50 years. All that and more coming up in just a moment on your AM

00:01:33.840 Update. You've been hearing me talk a lot about Pure Talk lately. Pure Talk is veteran-led,

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00:02:35.420 The Supreme Court yesterday in a major ruling for free speech, citing eight to one with Kaylee

00:02:41.100 Childs, a Christian counselor practicing talk therapy in Colorado, who challenged the state's

00:02:46.860 ban on what it called conversion therapy. In 2019, Colorado enacting its minor conversion

00:02:53.260 therapy law, prohibiting licensed mental health professionals from engaging in what it defines as

00:02:59.100 conversion therapy with patients under age 18. The law, which targets therapists, defines that

00:03:05.860 as an effort to change an individual's sexual orientation or gender identity, including efforts

00:03:12.320 to change behaviors or gender expressions. So if Childs were to counsel a patient suffering

00:03:17.700 from gender dysphoria who wanted affirmation of their transgender identity, that'd be just fine 0.84

00:03:23.720 under this law. But if Childs were to counsel a gender-confused patient who sought to grow

00:03:28.520 comfortable with his or her natural body and biological sex, it would be illegal. Childs 0.99

00:03:35.000 challenged the law, a district court denying her request to block enforcement while her case moved

00:03:39.940 forward through the system. The Tenth Circuit U.S. Circuit Court of Appeals in a divided decision

00:03:44.740 upholding the district court's rejection of Childs' claim, applying what's known as the

00:03:49.860 rational basis test, the most lenient standard in constitutional law, where a law will be upheld

00:03:56.140 as long as it is rationally related to a legitimate government interest. This allowed Colorado to

00:04:03.100 continue blocking Childs and other therapists from conducting talk therapy in a way that supported

00:04:08.460 her clients, seeking to become comfortable in their own bodies. In October, the alliance

00:04:13.400 defending freedom on behalf of Childs, arguing before the high court, this law crosses a

00:04:18.580 constitutional line, banning speech relating to certain viewpoints while allowing others.

00:04:24.800 Yesterday, Childs winning a resounding victory, eight out of the nine justices ruling for her,

00:04:30.900 remanding this case back to the lower court and instructing it to apply strict scrutiny

00:04:36.020 in evaluating this ban, the most exacting constitutional standard. Writing for the

00:04:41.160 majority, Justice Neil Gorsuch framing the issue as a narrow but critical one, whether Colorado's

00:04:46.640 ban violates the First Amendment as applied to Childs' counseling, and whether the lower court

00:04:51.800 used the wrong legal test in upholding it. From the opinion, quote, consistent with the First

00:04:57.240 Amendment's jealous protections for the individual's right to think and speak freely,

00:05:01.820 this court has long held that laws regulating speech based on its subject matter or

00:05:06.960 communicative content are presumptively unconstitutional. Justice Gorsuch going on to

00:05:13.080 write, quote, as a general rule, such content-based restrictions trigger strict scrutiny. A demanding

00:05:19.260 standard that requires the government to prove its restriction on speech is narrowly tailored

00:05:24.740 to serve compelling state interests. Meaning the Tenth Circuit subjected this ban to too easy a

00:05:31.120 test under a constitution that explicitly protects free speech from government control.

00:05:37.000 We spoke with ADF Chief Legal Counsel Jim Campbell, who argued the case in front of

00:05:41.400 the high court about what that higher strict scrutiny standard requires.

00:05:46.080 Because the Supreme Court has recognized that there's nothing more odious to the First

00:05:52.260 Amendment than the idea that the government can pick and choose ideas and say some cannot

00:05:57.920 be expressed and others can be.

00:05:59.580 And so whenever the government's engaged in viewpoint discrimination, the government has to meet a very, very high standard to justify silencing one view over another.

00:06:10.740 In fact, the Supreme Court has never upheld a law that engages in viewpoint-based censorship.

00:06:18.280 And every court that has considered laws like the one at issue here involving counseling restrictions and applied strict scrutiny, they have all found that those laws don't satisfy strict scrutiny.

00:06:29.580 And so the Supreme Court's decision today is the beginning of the end of applying these laws to silence counseling conversations between a counselor and their client.

00:06:39.900 At the center of the argument, whether what's happening in these sessions is actually speech or simply regulated medical conduct.

00:06:48.780 Campbell says the court made clear it is protected speech.

00:06:52.000 The Supreme Court said you can't play a word game under the First Amendment.

00:06:56.360 You can't look at something that is obviously just a conversation between two people, a counselor and a client, and relabel that conduct.

00:07:05.400 You have to recognize it for what it is, which is speech.

00:07:09.240 And once we recognize that it's speech, then First Amendment protection applies.

00:07:14.080 And once First Amendment protection applies, then the government can't engage in viewpoint discrimination because that's precisely what Colorado is doing here, discriminating based on viewpoints.

00:07:25.380 The First Amendment prevents the state from doing that.

00:07:28.260 In arguing this ban applied to medical conduct, Colorado's Solicitor General told the court

00:07:34.420 the medical community is in agreement that trans-identifying kids should only be

00:07:40.160 affirmed in their gender confusion or they will suffer severe harm.

00:07:45.080 At oral argument, Justice Alito pressing the state's Solicitor General on that,

00:07:49.400 noting the medical consensus has been wrong before,

00:07:52.760 like when we used to sterilize the, quote, feeble-minded. 0.94

00:07:56.300 More here from Campbell.

00:07:57.400 The so-called medical professionals don't always get it right. We see that historically in that

00:08:04.420 the professed experts have often been wrong throughout history, and eugenics is a great 1.00

00:08:10.200 example of that. Here, what we've seen in the area of so-called gender medicine is the

00:08:16.400 professionals getting it wrong for many, many years. They've been encouraging young people

00:08:21.040 to pursue so-called medicalized transition where they're pursuing drugs and procedures in order to

00:08:28.920 resolve gender dysphoria. But the reality is, and what the best science now shows, is that

00:08:34.040 what kids need is a listening ear and they need the opportunity to talk through their feelings

00:08:39.540 and their struggles. And that's what licensed counselors like Kaylee Childs want to provide. 1.00

00:08:45.200 Campbell says the margin of the decision is significant, with nearly the entire court

00:08:49.320 agreeing the law crosses a constitutional line. It's an eight to one opinion because

00:08:54.740 viewpoint discrimination is so problematic. Almost the entire court recognized just how

00:09:00.080 problematic it is. For the state of Colorado to pick one side of a debated, moral, scientific,

00:09:07.540 and religious issue and to allow one side to speak in the counseling room but not another side

00:09:13.040 is a direct affront to the First Amendment. And so that's why nearly the entire court

00:09:20.220 came together and recognized that this law violates First Amendment principles.

00:09:25.480 As far as the lone dissenting vote, liberal Justice Ketanji Brown-Jackson buying the argument

00:09:30.780 that Colorado's law does not target speech, but regulates instead medical treatments,

00:09:36.320 warning, quote, in the worst case scenario, our medical system unravels as various licensed

00:09:41.180 health care professionals start broadly wielding their newfound constitutional right

00:09:45.660 to provide substandard medical care. Campbell reacts here.

00:09:49.980 Certainly, Justice Jackson didn't even persuade Justice Kagan or Justice Sotomayor of those

00:09:56.260 views. And that's because we have long regulated licensed professionals in this country,

00:10:01.560 but we've never done so by silencing one view over another. Laws like Colorado's are historical

00:10:09.460 outliers. These laws have not traditionally been in place because what we've allowed professionals

00:10:15.000 to do is to have open dialogues with their clients. What we haven't done historically as a society

00:10:21.360 is pick and choose views and shut down the ones that we don't like. And that's what the Supreme

00:10:26.500 Court reacted against today. And that's why the Supreme Court said that this law violates the

00:10:31.300 First Amendment. The case now returns to the lower courts, where it will be reconsidered under that

00:10:36.560 higher constitutional standard in the months ahead. At least 20 other states have similar

00:10:41.660 laws on their books. Campbell predicts this ruling will significantly limit their enforcement.

00:10:48.640 Democrat Congressman and candidate for California Governor Eric Swalwell sending a cease and desist

00:10:54.180 letter to FBI Director Cash Patel, seeking to block the release of files tied to his past contact

00:10:59.800 with a suspected Chinese intelligence operative, according to The Washington Post.

00:11:04.940 Axios reporting in 2020, Christine Fang, otherwise known as Fang Fang, allegedly courting

00:11:10.740 Swalwell and other politicians from 2011 to 2015. Fang Fang cultivating romantic relationships with

00:11:17.520 at least two Midwestern mayors. Despite persistent rumors, no romantic relationship was publicly

00:11:23.760 confirmed between Fang Fang and Swalwell. Authorities approaching Mr. Swalwell's office

00:11:28.760 in 2015, warning of Fang's suspected ties to China, at which point his office says contact

00:11:34.420 was immediately cut off, the FBI at the time not accusing the congressman of any wrongdoing.

00:11:40.200 A subsequent House Ethics Committee investigation into the matter, concluding in 2023 with

00:11:45.000 no action taken against Swalwell. The Washington Post reporting over the weekend that Director

00:11:50.200 Patel, quote, dispatched agents to review and redact the files in a potential move to ready

00:11:55.760 them for public release. In a copy of the letter reviewed by the Post, attorneys Sean Hecker and

00:12:01.480 Norman Eisen argue releasing the files would violate federal privacy law, raise First Amendment

00:12:07.340 concerns, and run counter to Justice Department rules meant to avoid influencing elections.

00:12:13.720 From the letter, quote, the congressman has never been accused of wrongdoing in that matter,

00:12:18.060 and your attempt to release the file is a transparent attempt to smear him

00:12:21.560 and undermine his campaign for governor of California.

00:12:24.960 Your actions threaten to expose you, others at the FBI,

00:12:28.660 and the FBI itself to significant legal liability.

00:12:32.380 Congressman Swalwell at a Monday press conference addressing the matter.

00:12:35.660 The brave investigative revelations this weekend in the Washington Post

00:12:40.720 and New York Times aren't just news stories.

00:12:44.020 They're a diagnosis of a sickness, of a great Washington rot. 0.80

00:12:49.660 They detail an effort by the federal government to manufacture deceit,

00:12:54.960 to crush a campaign not with arguments, but with bruised purple fists of power.

00:13:02.040 The president dreams of a servant in Sacramento, a Western White House.

00:13:07.420 But unfortunately for him, our campaign is winning.

00:13:11.140 Trump and Patel are trying to interfere in the California election.

00:13:15.280 This case is closed.

00:13:16.240 The bureau said over 10 years ago, all we did was help.

00:13:21.080 But this effort to weaponize the FBI against the president's political enemy at a time that we are at war shows a distraction.

00:13:30.340 California's open primary set for June 2nd, with early voting beginning on May 5th.

00:13:35.860 Under that system, the top two vote-getters advanced to November's general election, regardless of party.

00:13:41.520 According to the RealClearPolitics average of all polls, Republican Steve Hilton leads the pack with 14.7 percent, Congressman Swalwell in second with 13.7 percent, followed by another Republican, Chad Bianco, who has 13, Democrat Katie Porter at 11.3 and Democrat Tom Steyer at 10.3 percent.

00:14:06.360 The release of potentially damaging or embarrassing material could shift Swalwell's standing in the race

00:14:11.460 and raise the possibility that the top two candidates advancing to November could both be Republicans.

00:14:17.520 For now, the FBI has not responded publicly to the letter,

00:14:20.820 and it remains unclear whether the documents will be released.

00:14:25.680 Coming up, Tiger Woods speaks out for the first time following his rollover car crash last week.

00:14:31.100 And tonight, NASA preparing to send astronauts back toward the moon for the first time in half a century.

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00:16:07.000 Tiger Woods commenting for the first time on his rollover car crash.

00:16:11.420 Woods crashing his SUV Friday afternoon on Jupiter Island, Florida, just minutes from his home.

00:16:17.380 Police arresting the 50-year-old golf legend on suspicion of misdemeanor DUI with property damage

00:16:22.440 and refusal to submit to a lawful urine test.

00:16:26.060 A breathalyzer test at the scene showing no signs of alcohol,

00:16:29.480 but Woods refusing a urinalysis.

00:16:32.300 According to an arrest affidavit obtained by TMZ Sports,

00:16:35.840 deputies finding two white pills in Woods' pocket,

00:16:39.240 identified as the opioid painkiller hydrocodone.

00:16:42.980 After the crash, a deputy noting Woods was sweating profusely

00:16:46.180 despite sitting in an air-conditioned vehicle.

00:16:48.480 The deputy also describing Woods as, quote, lethargic and slow,

00:16:52.440 showing, quote, severe signs of impairment. His eyes bloodshot and glassy, his pupils extremely

00:16:58.620 dilated. When asked about prescription medication, Woods replying, quote, I take a few, saying he had

00:17:04.860 taken some earlier in the morning. Woods telling authorities he has undergone seven back surgeries

00:17:10.680 and more than 20 operations on his right leg, which almost had to be amputated after a similar

00:17:17.360 car crash back in 2021. Woods saying to police he was distracted at the time of the crash,

00:17:23.320 looking at his phone and changing the radio, failing to notice a slowing vehicle ahead.

00:17:28.520 Attempting to swerve, Woods clipped the truck in front of him, sending his own vehicle rolling,

00:17:33.380 resulting in about $5,000 worth of damages to the other vehicle. No other injuries were reported.

00:17:40.180 Woods reportedly struggling through the field sobriety test, limping due to apparent injury.

00:17:45.140 At the jail, a breathalyzer test again showing no sign of alcohol, per TMZ.

00:17:50.680 ESPN reporting Woods was brought to a hospital for treatment before being returned to jail,

00:17:56.100 released Friday night on $1,000 bond.

00:17:59.260 Court records filed yesterday showing Woods waiving arraignment,

00:18:02.280 entering a plea of not guilty, and demanding a trial by jury.

00:18:06.360 It's unclear when he will be in court next.

00:18:08.780 The accident marking Woods' fourth crash and second DUI since 2009.

00:18:15.140 In his 2017 DUI arrest, the toxicology report showing hydrocodone as one of multiple drugs in his system.

00:18:23.160 Sports analyst Stephen A. Smith on his Monday podcast saying what we're all thinking.

00:18:28.920 You're a billionaire, bro. You can afford car service.

00:18:34.080 We are very fortunate, ladies and gentlemen, that Tiger Woods hasn't killed somebody yet.

00:18:37.880 But how forgiving as a society are we supposed to be with this proclivity or tendency that you have to get behind the wheel of a car when you were inebriated?

00:18:47.360 Well, are we going to be sad? We're not going to be satisfied until he kills somebody, bro. 0.98

00:18:51.000 You can afford car service. I don't think it's too far fetched for somebody to say to Tiger Woods. 0.96

00:18:58.640 Could you please stop getting behind the wheel of your vehicles?

00:19:02.820 That's my issue with Tiger Woods. I hope whatever addiction that he has.

00:19:07.880 that he overcomes it. God bless him and his family. All I'm asking for, could you order a

00:19:15.300 car service, please? Reporting from People magazine suggesting Woods refuses to hire a driver because

00:19:21.640 he is concerned about his privacy, the very name of Tiger's mega yacht. A source telling the outlet

00:19:28.620 Woods, quote, doesn't want anyone to watch over him or know what he is doing, and he thinks he's

00:19:33.740 fine to drive. Woods posting a statement to social media yesterday reading, quote, I know and

00:19:39.200 understand the seriousness of the situation I find myself in today. I'm stepping away for a period of

00:19:44.600 time to seek treatment and focus on my health. This is necessary in order for me to prioritize

00:19:49.680 my well-being and work toward lasting recovery. Just days before the crash, Woods had hinted at

00:19:55.440 plans to play in next week's Masters Tournament. We certainly hope he'll be in rehab instead.

00:20:00.900 Tonight, for the first time in more than 50 years, a crew of astronauts set to travel toward the moon.

00:20:09.620 NASA's Artemis II mission scheduled to lift off this evening at 6.24 p.m. Eastern,

00:20:15.380 launching astronauts Reed Wiseman, Victor Glover, and Christina Koch,

00:20:19.460 alongside Canadian Space Agency astronaut Jeremy Hansen, on a 10-day deep space flight.

00:20:25.380 The crew departing from Kennedy Space Center in Florida aboard NASA's 32-story Space Launch

00:20:31.400 System Rocket, or SLS, the first time the agency's new lunar program will carry people.

00:20:38.000 They'll begin by orbiting Earth, testing critical onboard systems including life support,

00:20:42.640 communications, and navigation, reports NPR, before attempting the journey into deep space.

00:20:48.820 If those systems perform as expected, the crew will embark on its journey,

00:20:52.880 a looping figure-eight path around the moon, traveling more than 230,000 miles from Earth.

00:20:59.700 There will be no lunar landing on this mission, with the astronauts expected to pass roughly

00:21:04.180 4,000 to 6,000 miles above the moon's surface before turning back toward Earth. The full trip

00:21:10.780 expected to last about 10 days, ending with a planned splashdown in the Pacific Ocean.

00:21:15.820 The mission originally planned to lift off in February, but a series of hydrogen fuel leaks

00:21:20.300 and other issues forcing delays until now. Weather remains a key variable, with current

00:21:25.780 forecasts showing about an 80% chance of favorable conditions, though NASA has a rolling launch

00:21:31.640 window through the first week of April, meaning any last-minute concerns could push the launch

00:21:36.020 to another day within the window. Senior NASA Test Director Jeff Spaulding speaking at a press

00:21:41.600 conference yesterday about the mood on the ground. Well, the people that I get the pleasure to work

00:21:46.780 with and talk with are

00:21:48.500 extremely excited. We have

00:21:50.500 a large mix of young

00:21:52.920 and more seasoned people

00:21:54.720 like myself, and

00:21:56.120 as such, everybody

00:21:58.480 understands the significance of this

00:22:00.700 mission, and especially the flight crew.

00:22:02.880 But the team that I get to work with, they

00:22:04.660 come in every day, and

00:22:06.120 people are concerned

00:22:08.560 sometimes that we are working so hard towards

00:22:10.660 these milestones and things, but there really

00:22:12.800 isn't. People love coming to work.

00:22:14.740 They love doing this job, and that's why

00:22:16.620 they're here. And they work through it every single day to get us to this point. I think

00:22:21.140 everybody understands what our mission is, and that's to get back to the moon. And we're going

00:22:24.800 to establish a presence there in the very near future. The mission serving as a critical step

00:22:29.420 toward returning astronauts to the lunar surface and ultimately building a permanent base on the

00:22:34.820 moon. As of now, NASA expects to return humans to the moon by 2028. Among those they've invited on

00:22:42.780 the next flight? Your humble correspondent. Yes, they found out I had been and recruited me as

00:22:49.840 their latest astronaut. April Fool's, of course. And speaking of fools, Gayle King wasn't invited

00:22:55.660 either. Though they did invite me to witness the launch tonight, but sadly, I could not swing it. 0.99

00:23:01.560 Don't call it a ride. And that'll do it for your AM update. I'm Megan Kelly. Join me back here for

00:23:08.540 the mk show live on sirius xm's the megan kelly channel 111 at noon east on youtube.com

00:23:14.240 slash megan kelly and on all podcast platforms

The Megyn Kelly Show - April 01, 2026

SCOTUS Strikes Down State ＂Conversion Therapy＂ Ban, Tiger Speaks Out After DUI Arrest： AM Update 4⧸1

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