Ep. 1630 - The Supreme Court Transgenderism Case EXPLAINED
Episode Stats
Words per Minute
166.02094
Summary
The Supreme Court heard oral arguments yesterday in a monumental case that might uphold the right of states to ban transing kids in Tennessee. And the arguments were not only disastrous for the pro-trans side, they were also just generally hilarious.
Transcript
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The Supreme Court heard oral arguments yesterday in a monumental case that might uphold the right
00:01:03.420
And the arguments were not only disastrous for the pro-trans side, they were also just generally
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The Associated Press, The Washington Post, pretty much everyone, including in the liberal
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media establishment, admit the Supreme Court is likely, based on oral arguments, to uphold
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Now, this Tennessee law came about in part because the Daily Wire, specifically our pal
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Matt Walsh, put up a Twitter thread, just a modest Twitter thread talking about something
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that people in Tennessee knew about, but a lot of other people didn't know about, namely
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that Vanderbilt Children's Hospital was transing kids.
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And then the Attorney General, Jonathan Scrimetti of Tennessee, got involved.
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Then this case went all the way up to the Supreme Court.
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The U.S. solicitor general who was suing Scrimetti, Scrimetti, the Tennessee Attorney General, her
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There were other lawyers in this case, one of them being a trans-identifying lawyer herself.
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She's a woman who thinks that her name, that she thinks that she's a man, and her name is Chase
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Strangio, the first ever trans-identifying lawyer to argue a case before the Supreme Court
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If you ever doubt providence, if you ever doubt the existence and mirth of God, just listen to
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I mean, these oral arguments went on for over two hours.
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I have the highlights, and there were some real highlights.
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I think that the federal government's case here was weak as could possibly be.
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Justice Alito begins with a little bit of a grilling, because the federal government argues
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these treatments, so-called, namely gelding little kids, are medically necessary treatments
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in order to prevent depression and anxiety and suicide among supposedly trans kids.
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And this is the medical consensus, and these backward hillbillies in Tennessee,
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are trying to deny people necessary medical treatments.
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So Justice Alito had this question for the council.
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Can I ask you a question about the state of medical evidence at the present time?
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In your petition, you made a sweeping statement, which I will quote,
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overwhelming evidence establishes that the appropriate gender-affirming treatment with puberty blockers
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and hormones directly and substantially improves the physical, psychological well-being of transgender
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Now, even before then, the Swedish National Board of Health and Welfare wrote the following.
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They currently assess, quote, that the risks of puberty blockers and gender-affirming treatment
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are likely to outweigh the expected benefits of these treatments, which is directly contrary
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After the filing of your petition, of course, we saw the release of the Cass report in the United Kingdom,
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which found a complete lack of high-quality evidence showing that the benefits of the treatments in question here
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And so I wonder if you would like to stand by the statement that you made in your petition,
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or if you think it would now be appropriate to modify that and withdraw the statement that there is overwhelming evidence
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establishing that these treatments have benefits that greatly outweigh the risks and the dangers.
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I, of course, acknowledge, Justice Alito, that there is a lot of debate happening here and abroad
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about the proper model of delivery of this care and exactly when adolescents should receive it
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and how to identify the adolescents for whom it would be helpful.
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But I stand by that there is a consensus that these treatments can be medically necessary for some adolescents.
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But you just changed your view, Solicitor General, from the overwhelming consensus of all the genius scientists,
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the medical community says that these are medically necessary treatments to, well, I don't know,
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Alito just totally destroys the scientific premise behind the case.
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The guy is absolutely rock solid and clever and funny in his own dry way.
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He says, you know, counsel, you begin by saying that the overwhelming evidence suggests that transing the kids is good.
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However, all of the best evidence says it's terrible.
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Do you want to, do you maybe want to withdraw the chief medical claim in your case?
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Well, I recognize that it's controversial, Justice Alito.
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Wait, did you not hear what the justice just said?
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All of the best evidence that we have that has been gathered on this topic,
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all of the highest quality evidence we have on transiting the kids is that it doesn't help anybody.
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Everything we know about it is that transing the kids is bad.
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So right off the top there, Alito just guts the government's case from a scientific perspective.
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Then the SG goes away and we get the trans identifying lawyer who goes by the name Chase Strangio.
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I don't know what Miss Strangio's real first name is, but she is a lawyer for the ACLU.
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And she gets up there to make history as the first trans identifying lawyer to argue before the Supreme Court.
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And here's what Chief Justice Roberts asks her.
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Counsel, is there any significant respect in which your position departs from that of the Solicitor General?
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Because you say, okay, why after the Solicitor General made the best case she could for a completely indefensible action,
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namely gelding little children in the name of a bunch of perverts, sick fantasies and ideologies,
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right after the SG does her best, which was a total failure,
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now you've got the trans identifying lawyer coming up to make history.
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And Chief Justice Roberts asks, hey, hey, lawyer, is there anything new that you have to add to these discussions?
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And the trans identifying lawyer says, no, not really.
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Like, okay, well, now it was good, I think, that this trans identifying lawyer spoke at the Supreme Court
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because she was manifestly unqualified to do so.
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And having such a profound defect of perception that she thinks she's the opposite sex,
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However, she kept speaking, and Justice Alito asked a perspicacious question to cut through the heart of her argument.
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Are there individuals who are born male, assigned male at birth,
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who at one point identify as female, but then later come to identify as male?
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And likewise for individuals who are assigned female at birth, at some point identify as female,
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I'm sorry, identify as male, but later come to identify as female?
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There are such people. I agree with that, Justice.
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So it's not an immutable characteristic, is it?
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Well, I think people's understanding of it shifts,
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but the evidence shows that there is at least a strong underlying basis.
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Sorry, I just smacked my little Michael Christmas ornament here that the producers put on my lamp.
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Alito is so smart because he says, hold on, are there people who, they're boys,
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but then they say that they're girls, but then later on they say that they're boys, or vice versa?
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In other words, does the trans identity transition for some people over time?
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And the lawyer has to say yes, because the premise of transgender ideology is that gender isn't really fixed, man.
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And one day, one morning you could wake up and you're a boy, and the next morning you're a girl,
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and 50 times during the course of the day you go back and forth.
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Okay, so then transgenderism is not an immutable characteristic.
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If transgenderism were an immutable characteristic,
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there might be some really strong anti-discrimination case here.
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If the law said we're not going to permit black people to do something,
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if the law said we're not willing to permit women to do something for that matter,
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that even though gender remains in flux, you might say, okay,
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well, they're attacking immutable characteristics.
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Even these days you would say if the government discriminates against gay people,
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because now homosexual tendencies are considered to be immutable.
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Okay, but here the gender ideology itself by definition has to be fluid.
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After all these jabs, Justice Thomas comes in with the right hook.
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If you are successful, what would your remedy be?
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the remedy would be to enjoin the state of Tennessee defendants
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from enforcing SB1 as applied to our individual plaintiffs.
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Wouldn't you get the, you would get different treatment based on sex?
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So many people missed this part of the argument,
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because the way that Justice Thomas speaks is kind of slow and quiet and unassuming
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But this was a brilliant, brilliant piece of argumentation here,
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or rather of argumentation disguised as questioning
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that the federal government side had absolutely no answer to.
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The argument is from the government that boys need,
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boys who think they're girls need estrogen treatment.
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Boys who want to be girls need estrogen treatment.
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Girls who want to be boys need testosterone treatment.
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And it is a discrimination on the basis of sex and gender identity
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But if a boy went to the doctor at age 12 or whatever,
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If a boy wanted the testosterone treatment, not a girl wanting the testosterone,
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but if a boy wanted it, he would not be given that treatment
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because it wouldn't fit this criterion of gender dysphoria.
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If the girl went to the doctor to say, I want some estrogen,
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The treatment would only pertain to people who want to pretend to be the opposite sex,
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which means that it's discrimination on the basis of sex.
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It's a little bit dizzying, but the whole gender ideology is disorienting
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So sometimes it's difficult to track the argument that the pro-trans people are making.
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and he allows them to fall into the trap that they have set for themselves.
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Absolute routing of the trans ideology at the Supreme Court.
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The conservative justice has knocked it out of the ballpark.
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Sotomayor does her best, the leftist justice, Sonia Sotomayor, does her best
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to try to trip up the Tennessee Solicitor General arguing against transing the kids,
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arguing in favor of the law banning transing the kids.
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And here is the best argument that Sotomayor could muster.
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So it becomes a pure exercise of weighing benefits versus risk.
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And the question of how many minors have to have their bodies irreparably harmed
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for unproven benefits is one that is best left.
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There is always going to be a percentage of the population
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under any medical treatment that's going to suffer.
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Do you not understand that gelding a little child,
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turning a kid into a eunuch starting at age 11,
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and perhaps even exacerbating the child's anxiety,
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depression, and likelihood of suicide is similar to taking an aspirin.
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And don't even get me started on Ketanji Jackson,
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You shouldn't really need all that specialized training
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But this is what really cuts to the heart of this case.
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The oral arguments went very well for the conservatives,
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but the whole thing really seems like a charade to me,
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for which argumentation and the presentation of evidence
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really conduce to get you to a certain conclusion.
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obviously I listened to much of this oral argument,
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but the way that I found the really juicy parts