WEBVTT 1 00:00:00.080 --> 00:00:03.520 This is Dan Caples and welcome to today's online podcast 2 00:00:03.640 --> 00:00:05.719 edition of The Dan Caplis Show. Please be sure to 3 00:00:05.759 --> 00:00:08.240 give us a five star rating if you'd be so kind, 4 00:00:08.320 --> 00:00:11.599 and to subscribe, download, and listen to the show every 5 00:00:11.679 --> 00:00:14.240 single day on your favorite podcast platform. 6 00:00:14.839 --> 00:00:17.640 We're winning for truth justice in the American way. We 7 00:00:17.800 --> 00:00:18.600 the collective. 8 00:00:18.800 --> 00:00:22.359 We America winning right now. Three all three seven one 9 00:00:22.399 --> 00:00:24.440 three A two five five the number d A N 10 00:00:24.600 --> 00:00:27.120 five seven seven three nine. That doesn't mean everybody in 11 00:00:27.160 --> 00:00:30.480 America is happy with America winning right now, but the 12 00:00:30.519 --> 00:00:33.600 fact is we are winning an important win today at 13 00:00:33.600 --> 00:00:34.679 the US Supreme Court. 14 00:00:34.719 --> 00:00:36.039 I want to dive into that. 15 00:00:36.159 --> 00:00:37.960 You're going to get detail you're not going to get 16 00:00:38.000 --> 00:00:41.759 anywhere else on a US Supreme Court decision today that 17 00:00:41.920 --> 00:00:47.280 has far far reaching positive implications. And it's of course 18 00:00:47.320 --> 00:00:52.240 on the US Supreme Court addressing whether Tennessee's laws which say, 19 00:00:52.240 --> 00:00:53.200 wait a second, hey. 20 00:00:53.079 --> 00:00:54.200 Well you're still a minor. 21 00:00:54.240 --> 00:00:55.960 No, we're not going to let them be cutting stuff 22 00:00:56.000 --> 00:00:58.920 off you and I'm pouring all these drugs into you 23 00:00:59.079 --> 00:01:01.280 to do stuff to you that can never be reversed. 24 00:01:01.280 --> 00:01:03.320 We're not going to do that here. And the US 25 00:01:03.399 --> 00:01:08.040 Supreme Court upholding that, but why they upheld that Tennessee 26 00:01:08.159 --> 00:01:10.439 law and some of the things the Court said in 27 00:01:10.480 --> 00:01:14.359 the process of upholding the Tennessee law a really important 28 00:01:14.519 --> 00:01:17.280 long term so want to get to that will deep 29 00:01:17.359 --> 00:01:20.719 dive it and winning around the world. I mean, listen, 30 00:01:20.760 --> 00:01:24.480 the credit goes right now obviously to Israel for being 31 00:01:24.560 --> 00:01:28.280 on the brink of hopefully wiping out Around's nuclear weapons program, 32 00:01:28.280 --> 00:01:31.640 but that of enormous value to the United States of America. 33 00:01:31.680 --> 00:01:34.400 Obviously our great alli Israel, who we care deeply about, 34 00:01:34.439 --> 00:01:39.040 but of enormous, enormous protective value to the United States. 35 00:01:39.040 --> 00:01:42.400 In fact, interesting poll today, Fox News poll, and that 36 00:01:42.439 --> 00:01:46.439 poll does not skew conservative, but that poll showing what 37 00:01:46.599 --> 00:01:49.000 percentage would you guess, Ryan, unless you've seen the poll, 38 00:01:49.040 --> 00:01:52.640 then don't you? I won't what percentage of Americans believe 39 00:01:52.680 --> 00:01:55.879 that Iran is a threat to our national security Iran's 40 00:01:55.959 --> 00:01:56.760 nuclear program. 41 00:01:57.000 --> 00:01:59.000 I don't know that number, So I'll guess. 42 00:01:59.560 --> 00:02:01.319 I'll say six. 43 00:02:02.799 --> 00:02:06.519 Pretty durned closest Prime would say, pretty derned closest Prime 44 00:02:06.560 --> 00:02:10.159 would say, And that is in fact seventy three. 45 00:02:10.039 --> 00:02:12.560 Percent, oh even higher, seventy three percent, three quarters of 46 00:02:12.599 --> 00:02:13.599 Americans basic. 47 00:02:13.840 --> 00:02:16.360 And then in terms of US military involvement in the 48 00:02:16.439 --> 00:02:19.599 nuclear program forty nine I think versus forty three in 49 00:02:19.639 --> 00:02:21.879 favor of it. That sort of thing. But listen that 50 00:02:21.960 --> 00:02:23.840 the bottom line is right now, we're going to play 51 00:02:23.840 --> 00:02:26.599 some sound from some back and forth, because anytime you're 52 00:02:26.639 --> 00:02:29.800 talking about America's finest gal men and women in the 53 00:02:29.800 --> 00:02:32.960 military going into harms way that there should be robust 54 00:02:33.000 --> 00:02:35.960 discussion from both sides of the issue. We all know 55 00:02:36.000 --> 00:02:39.360 who gets to decide it. 56 00:02:39.400 --> 00:02:40.680 But give me a break. 57 00:02:41.280 --> 00:02:44.840 I mean, the Iranian nuclear program has been a nemesis 58 00:02:44.919 --> 00:02:50.120 to the world for decades as they've relentlessly tried to 59 00:02:50.159 --> 00:02:52.560 get nukes and we all know how they would likely 60 00:02:52.639 --> 00:02:55.680 use them, and then Israel acts to limit it, and 61 00:02:55.719 --> 00:02:58.680 then there's some espionage and this and that to limit it. 62 00:02:58.120 --> 00:03:01.800 But it's been a relentless effort by Iran and it's 63 00:03:01.840 --> 00:03:04.800 so threatening to the United States, Israel, and the world. 64 00:03:05.639 --> 00:03:09.800 For these nutty, you know, radical Islamist diatolas to have nukes, 65 00:03:09.800 --> 00:03:13.680 it's a no brainer. So when America, let's just talk 66 00:03:13.680 --> 00:03:17.199 about America's interest. When America is on the verge of 67 00:03:17.199 --> 00:03:20.520 being able to wipe out the Iranian nuclear weapons program, 68 00:03:21.919 --> 00:03:24.919 it's just something that has to be done, if it 69 00:03:24.960 --> 00:03:28.000 can be done without having to go boots on the ground, 70 00:03:28.039 --> 00:03:31.919 if it can be done without some full scale, prolonged 71 00:03:31.919 --> 00:03:35.199 military involvement. No, let's hope and pray that Israel can 72 00:03:35.199 --> 00:03:37.719 finish the job itself, or the people of Iran topple 73 00:03:37.759 --> 00:03:42.520 the regime. But just the safety of your children, you, 74 00:03:42.520 --> 00:03:45.159 your wife, your husband, hopefully not both. 75 00:03:45.719 --> 00:03:46.159 All of that. 76 00:03:46.759 --> 00:03:50.039 I mean, when you're this close, you've got to finish it. 77 00:03:50.439 --> 00:03:54.360 Can I just eviscerate the premise that Iran, under the 78 00:03:54.439 --> 00:03:59.599 leadership of fascistic Mullahs and an iatola fundamentalist Muslims that 79 00:03:59.639 --> 00:04:03.360 they are, had any interest in quote unquote going green 80 00:04:03.479 --> 00:04:06.599 with a nuclear program simply for the sake of nuclear energy. 81 00:04:06.599 --> 00:04:07.759 And I say it for this purpose. 82 00:04:08.599 --> 00:04:13.400 Saudi Arabia Iran likely the two most oil rich nations 83 00:04:13.439 --> 00:04:16.720 on the planet. Iran as the epicenter of OPAK for 84 00:04:16.800 --> 00:04:19.759 all these years. Why would they give up on oil 85 00:04:19.839 --> 00:04:23.319 right beneath their feet in the pursuit of nuclear power? 86 00:04:23.519 --> 00:04:25.360 What would be the motivation for them to do that? 87 00:04:25.800 --> 00:04:27.439 I don't think anybody denies it, do they? 88 00:04:27.480 --> 00:04:27.639 Right? 89 00:04:27.879 --> 00:04:29.920 I think that the left would have you believing you 90 00:04:29.920 --> 00:04:33.519 had me cut some audio but you have a nuclear deal, 91 00:04:33.560 --> 00:04:34.480 they have nuclear problem. 92 00:04:34.560 --> 00:04:38.040 They don't believe that stuff they say, probably right, I mean, dear, 93 00:04:38.079 --> 00:04:40.000 I'll play that, But I don't think they. 94 00:04:39.839 --> 00:04:41.720 Believe that stuff they say. 95 00:04:42.040 --> 00:04:45.920 I think they say it because they're the opposition and 96 00:04:45.959 --> 00:04:48.680 they hate Trump and they've got to rally their forces. No, 97 00:04:48.759 --> 00:04:51.240 I don't think anythinking person would believe this stuff. 98 00:04:51.759 --> 00:04:54.120 Well, I mean, I think, first and foremost Michael was 99 00:04:54.199 --> 00:04:57.240 right on the point that we have to support our 100 00:04:57.319 --> 00:04:59.959 ally Israel, and there is a way to do that strati. 101 00:05:01.000 --> 00:05:03.360 I think that when you're talking about Iran getting closer 102 00:05:03.399 --> 00:05:06.240 to a nuclear weapon, that should terrify us all. But 103 00:05:06.279 --> 00:05:08.319 the fact is we had an agreement in place in 104 00:05:08.319 --> 00:05:11.480 twenty fifteen, and Iran was in compliance with that agreement 105 00:05:11.959 --> 00:05:14.720 and they were further away from nuclear capabilities than they 106 00:05:14.720 --> 00:05:15.279 are today. 107 00:05:15.839 --> 00:05:18.319 BB named Wait a second, that's insane. 108 00:05:18.920 --> 00:05:23.160 Under the agreement, Iran was getting a nuclear weapon, right, 109 00:05:23.439 --> 00:05:24.759 So Obama gives them how. 110 00:05:24.720 --> 00:05:25.480 Much in cash? 111 00:05:25.839 --> 00:05:28.839 Like cash? Money wasn't at one point nine billion or 112 00:05:28.879 --> 00:05:30.040 something cash? 113 00:05:30.120 --> 00:05:32.920 And then a deal where Iran gets a nuke. 114 00:05:33.759 --> 00:05:36.399 So what your your your gift to Israel and the 115 00:05:36.439 --> 00:05:39.920 world is Okay, You've got another seven years of life 116 00:05:40.240 --> 00:05:43.120 before every breath you take is at the whim of 117 00:05:43.160 --> 00:05:45.720 these radical Islamis diatolas with a nuke. 118 00:05:45.759 --> 00:05:46.680 Give me a break. 119 00:05:46.800 --> 00:05:50.959 So yeah, yeah, the lack of intellectual honesty, they're not 120 00:05:51.199 --> 00:05:54.079 a surprise. Three h three someone three eight two five 121 00:05:54.199 --> 00:05:57.279 five takes dam five seven seven three nine. But before 122 00:05:57.319 --> 00:05:59.199 we get out of this segment, God to at least 123 00:05:59.199 --> 00:06:03.560 give you a taste of the importance of this tremendous 124 00:06:03.639 --> 00:06:08.240 US Supreme Court decision today, sixty three decision. And they 125 00:06:08.360 --> 00:06:12.600 so called quote conservative justices, though when you look at 126 00:06:12.680 --> 00:06:16.040 these great US Supreme Court opinions, they get it right right, 127 00:06:16.079 --> 00:06:20.800 that are interpreting the Constitution and the law correctly. They're 128 00:06:20.800 --> 00:06:25.839 not being driven by Republican party ideology or anything like that. 129 00:06:25.879 --> 00:06:29.519 They're being driven when they say quote conservative probably originalists 130 00:06:29.519 --> 00:06:32.839 to be best. They're just driven by an approach to 131 00:06:33.160 --> 00:06:39.120 deciding these cases that is based on the actual Constitution 132 00:06:39.439 --> 00:06:42.879 and the language in the Constitution and the intent of 133 00:06:42.959 --> 00:06:47.319 the people who wrote it. And so anyway, don't want 134 00:06:47.360 --> 00:06:49.720 to diggress there, but the point being this important six' 135 00:06:49.800 --> 00:06:52.480 to three decision that, says, Yes state Of, tennessee you 136 00:06:52.519 --> 00:06:55.040 know you want to have these laws you want to 137 00:06:55.079 --> 00:07:00.199 have these laws here that limit the kind of of 138 00:07:00.480 --> 00:07:04.839 stuff that can be done to, kids stuff that can 139 00:07:04.920 --> 00:07:05.680 never be. 140 00:07:05.879 --> 00:07:08.279 Reversed you want to be. 141 00:07:08.240 --> 00:07:14.399 Able to, limit, say doctors from, prescribing, administering or dispensing 142 00:07:14.480 --> 00:07:19.000 puberty blockers or hormones to any minor for the purpose 143 00:07:19.040 --> 00:07:21.480 of Enabling i'm quoting from the opinion the miner to 144 00:07:21.560 --> 00:07:27.639 identify with or live as a purported identity inconsistent with 145 00:07:27.680 --> 00:07:30.480 the miner's biological. Sex and then it goes on to 146 00:07:30.519 --> 00:07:33.360 other kinds of. Procedures, Yeah, states you want to protect, 147 00:07:33.439 --> 00:07:36.120 kids that, way you can do. It that's what The 148 00:07:36.160 --> 00:07:40.360 Supreme court said, today and it's enormously. Important now the 149 00:07:40.439 --> 00:07:43.959 why also matters a, lot, Right what is the use 150 00:07:44.000 --> 00:07:46.160 of The Supreme court saying here is the reason that 151 00:07:46.199 --> 00:07:48.079 states can go ahead and do this as long as 152 00:07:48.120 --> 00:07:51.240 there's a quote rational. Basis i'll get into that after the, 153 00:07:51.240 --> 00:07:54.839 break but it's very encouraging on multiple. Levels but WHAT 154 00:07:54.920 --> 00:07:57.079 i want to drill down most with AND i think 155 00:07:57.079 --> 00:08:04.319 you'll enjoy the, most Is Justice barrett wrote this absolutely 156 00:08:04.480 --> 00:08:08.639 master class brilliant concurrence. Here and as you, know the 157 00:08:08.680 --> 00:08:11.439 way The Supreme court works is okay of those six 158 00:08:11.480 --> 00:08:12.879 who voted. 159 00:08:12.600 --> 00:08:13.680 To up hold The tennessee. 160 00:08:14.120 --> 00:08:18.279 Law you, know you can have justices who are part 161 00:08:18.279 --> 00:08:20.360 of the, six but then they split off and write 162 00:08:20.399 --> 00:08:24.639 their own. Opinions And Justice barrett wrote, this you, know 163 00:08:24.879 --> 00:08:28.600 instant classic opinion on an issue The court did not address, 164 00:08:28.639 --> 00:08:36.039 here which is whether transgender is entitled to special class, 165 00:08:36.080 --> 00:08:42.639 status to special, protection to, say sex based. Protection and 166 00:08:42.799 --> 00:08:45.840 because if a court, determines if The Supreme court was 167 00:08:45.879 --> 00:08:50.720 to determine that transgender status is entitled to the same 168 00:08:50.759 --> 00:08:56.320 protection against discrimination as sex as male, female well at 169 00:08:56.440 --> 00:09:00.600 that point and then there are very very few laws 170 00:09:00.639 --> 00:09:04.919 that could ever be passed that could negatively impact anybody 171 00:09:04.960 --> 00:09:10.480 transgender that would be. Upheld and so very very important 172 00:09:11.240 --> 00:09:14.480 concurrence From Justice barrett where she lays out AND i 173 00:09:14.480 --> 00:09:19.679 think it is one hundred, percent rock, solid, irrefutable you 174 00:09:19.720 --> 00:09:24.639 know why transgender is not entitled is not entitled to 175 00:09:24.799 --> 00:09:28.200 suspect class. Status SO i want to get into the. 176 00:09:28.240 --> 00:09:30.559 DETAILS i know it's tough when you're, driving you, know 177 00:09:30.639 --> 00:09:34.600 to work through you, know some legal type. Stuff but 178 00:09:34.759 --> 00:09:39.039 she wrote this opinion so. Beautifully it's almost as if 179 00:09:39.120 --> 00:09:44.320 she wrote it for law students and other students in the. 180 00:09:44.360 --> 00:09:47.759 Future it's so beautifully written THAT i just want to 181 00:09:47.799 --> 00:09:49.759 read it to you when we come back as, well 182 00:09:49.879 --> 00:09:52.919 because she nails, it and you'll walk away from that 183 00:09:52.960 --> 00:09:55.159 no matter where you happen to be on your preference 184 00:09:55.200 --> 00:09:57.919 on transgender. Policy AND i agree with that The Supreme 185 00:09:57.960 --> 00:10:00.720 court did. Strongly you're going to walk away saying she is. 186 00:10:00.840 --> 00:10:06.320 Right THE Us constitution does not provide for any special 187 00:10:06.399 --> 00:10:10.960 class status for folks who identify as. Transgender you're on 188 00:10:11.000 --> 00:10:12.120 The Dan Capla show. 189 00:10:13.960 --> 00:10:17.159 And now back to The Dan Kaplas show. Podcast, Wow 190 00:10:17.200 --> 00:10:18.919 i've never heard that one. Before thank, You. 191 00:10:19.000 --> 00:10:23.519 Ryan, hey lot's going on, today this tremendous opinion from 192 00:10:23.559 --> 00:10:27.960 THE Us Supreme court upholding Tennis ce's law protecting minors 193 00:10:28.000 --> 00:10:31.279 from these transgender. Procedures AND i do want to get 194 00:10:31.320 --> 00:10:35.679 into the majority opinions analysis here because that's interesting in 195 00:10:35.720 --> 00:10:40.200 and of, Itself but, again the true master class is the, 196 00:10:40.399 --> 00:10:45.080 concurrence obviously meaning agreeing with the majority opinion That Justice 197 00:10:45.120 --> 00:10:47.279 barrett wrote and Then Justice thomas. 198 00:10:47.360 --> 00:10:49.399 Joined but she just nailed this. 199 00:10:49.399 --> 00:10:51.840 Thing SO i want to give you a little bit 200 00:10:51.919 --> 00:10:53.559 of a taste before we then go back to the 201 00:10:53.559 --> 00:10:57.440 phone lines and do some other things and my friend 202 00:10:57.480 --> 00:11:00.639 and law, partner our managing partner of our, Firm, kellner 203 00:11:00.679 --> 00:11:03.240 who most recently was the ELECTED da in A, repo 204 00:11:03.480 --> 00:11:06.000 And Douglas lincoln And elbert is going to join us 205 00:11:06.000 --> 00:11:09.080 at four thirty five talk about an important new report 206 00:11:09.120 --> 00:11:11.960 from The Common Sense, institute talking about the latest on 207 00:11:12.120 --> 00:11:15.960 fentanyl In. Colorado but let me just Reach i'm going 208 00:11:16.000 --> 00:11:22.000 to read you some verbatim From Justice barrett's concurrence because 209 00:11:22.039 --> 00:11:25.360 the court concludes That Tennessee Senate bill one does not 210 00:11:25.519 --> 00:11:29.120 classify on the basis of transgender. Status it does not 211 00:11:29.360 --> 00:11:35.080 resolve whether transgender status constitutes a suspect CLASS i write 212 00:11:35.159 --> 00:11:39.039 separately to explain, why in my view it does. 213 00:11:39.159 --> 00:11:40.679 Not and then. 214 00:11:40.960 --> 00:11:43.639 Yeah she goes on to, say as a practical, necessity 215 00:11:43.759 --> 00:11:48.600 most legislation classifies for one purpose or, another and then 216 00:11:48.639 --> 00:11:53.559 she cites The colorado Case roamer. V. Evans laws distribute 217 00:11:53.639 --> 00:11:57.399 benefits that advantage particular, groups like in state tuition for, 218 00:11:57.519 --> 00:12:02.440 residents draw lines that might seem arbitrary priends like income 219 00:12:02.519 --> 00:12:06.879 thresholds for mean tested, benefits and set rules for specific 220 00:12:07.000 --> 00:12:10.919 categories of people priends like a particular profession or age. 221 00:12:10.919 --> 00:12:16.240 Group such classifications do not usually render a law. Unconstitutional, 222 00:12:16.759 --> 00:12:21.240 instead as a general, matter laws are presumed to be constitutionally, 223 00:12:21.360 --> 00:12:25.879 valid and a legislative classification will be upheld quote so 224 00:12:26.039 --> 00:12:29.360 long as it bears a rational relation to some legitimate. 225 00:12:29.759 --> 00:12:33.600 End there are only a few exceptions to this. Rule 226 00:12:34.240 --> 00:12:40.639 classifications based on, sex, race and. Alienage racial and ethnic 227 00:12:40.679 --> 00:12:46.279 classifications receive strict. Scrutiny to survive a constitutional, challenge they 228 00:12:46.320 --> 00:12:51.000 must be quote narrowly tailored to serve a compelling government, 229 00:12:51.600 --> 00:12:57.440 interest and laws distinguishing between men and women receive intermediate. 230 00:12:57.480 --> 00:13:02.120 Scrutinary to survive a constant titutional, challenge they must be 231 00:13:02.240 --> 00:13:08.279 quote substantially related to achieving an important governmental. Objective so 232 00:13:08.360 --> 00:13:10.840 let me stop here for a. Second this is such 233 00:13:10.879 --> 00:13:13.679 a key, point right because if the court was to 234 00:13:13.759 --> 00:13:19.600 decide that transgender rights were entitled. 235 00:13:19.120 --> 00:13:19.679 To this. 236 00:13:21.480 --> 00:13:28.039 Sex based type of heightened, scrutiny then almost no laws 237 00:13:28.720 --> 00:13:35.440 that ever disadvantage transgender people based upon their transgender status 238 00:13:36.600 --> 00:13:42.000 could could ever withstand judicial scrutiny because of that elevated. 239 00:13:42.279 --> 00:13:46.919 Status but if transgender is not given that kind of 240 00:13:47.000 --> 00:13:52.279 protected class, status then all the law has to be is, 241 00:13:52.840 --> 00:13:58.039 rational have some rational purpose to. It so that's why 242 00:13:58.080 --> 00:14:03.559 it's so. Critical disparat gets into a really important, point she, 243 00:14:03.759 --> 00:14:10.600 says and she's, right beyond these. Categories beyond these, categories 244 00:14:11.360 --> 00:14:15.960 the set has remained virtually. Closed, indeed this court has 245 00:14:16.080 --> 00:14:22.639 not recognized any new constitutionally protected classes in over four, 246 00:14:22.799 --> 00:14:26.799 decades and has repeatedly declined. 247 00:14:26.360 --> 00:14:27.679 To do so. 248 00:14:27.679 --> 00:14:31.600 So in urging us to recognize transgender status as a suspect, 249 00:14:31.639 --> 00:14:35.039 classifications that the plane offs face on high. 250 00:14:35.080 --> 00:14:36.000 Bar this is so. 251 00:14:36.120 --> 00:14:38.279 CRITICAL i, mean think about, it and then you'll see 252 00:14:38.279 --> 00:14:40.960 in a. Second she goes on to give some. Examples 253 00:14:43.720 --> 00:14:45.799 but wait a, second all of a, sudden we're going 254 00:14:45.879 --> 00:14:51.600 to say transgender status is a suspect class right up 255 00:14:51.639 --> 00:14:52.559 there with race and. 256 00:14:52.720 --> 00:14:55.960 Sex, Really and then she gets. 257 00:14:55.759 --> 00:14:58.159 Into some of the analysis we'll dive into as we 258 00:14:58.200 --> 00:15:02.799 take some calls and things like. That but when, you 259 00:15:02.919 --> 00:15:06.440 and she lays us out, beautifully when you then try to, 260 00:15:06.480 --> 00:15:08.440 determine wait a, second are we going to add a 261 00:15:08.480 --> 00:15:14.720 new group after forty years to this suspect class status 262 00:15:14.759 --> 00:15:16.879 that that race and sex is. In, well we got 263 00:15:16.919 --> 00:15:20.519 to look at some, stuff and she, says we consider 264 00:15:20.639 --> 00:15:25.200 whether members of the group in, question quote exhibit, obvious 265 00:15:25.360 --> 00:15:30.639 immutable or distinguishing characteristics that define them as a discrete, 266 00:15:30.639 --> 00:15:34.440 group and whether that group is a historical, matter has 267 00:15:34.480 --> 00:15:38.799 been subjected to, discrimination and whether the group is a 268 00:15:38.840 --> 00:15:42.000 minority or politically. Powerless and then she goes on to, 269 00:15:42.039 --> 00:15:45.399 saying this is so, interesting, right we have held that 270 00:15:45.440 --> 00:15:51.000 the mentally, disabled the, elderly and the poor are not suspect. 271 00:15:51.000 --> 00:15:54.039 Classes so the same court that is held that the 272 00:15:54.159 --> 00:15:58.440 mentally disabled are not a suspect class is now supposed 273 00:15:58.480 --> 00:16:02.440 to hold the transgender. Is and then she gets into 274 00:16:03.120 --> 00:16:09.080 breaking down so logically and factually why transgender just doesn't 275 00:16:09.159 --> 00:16:13.559 qualify under the law for suspect class. Status so it 276 00:16:13.600 --> 00:16:16.039 all comes back to the same bottom. Line, listen if 277 00:16:16.080 --> 00:16:21.799 transgender status doesn't get the same protected class status as 278 00:16:22.000 --> 00:16:25.200 race and, sex then all the law has to be 279 00:16:25.879 --> 00:16:29.240 to be upheld is. Rational and lord knows That tennessee 280 00:16:29.320 --> 00:16:32.200 law that says you're not going to butcher these kids 281 00:16:32.840 --> 00:16:37.159 while they're kids with irreversible stuff is more than. Rational 282 00:16:37.679 --> 00:16:40.039 three all, three, someone, three, eight two five. Five then 283 00:16:40.120 --> 00:16:42.519 NUMBER i got a bunch of, text bunch of. Calls 284 00:16:42.519 --> 00:16:46.200 obviously we're talking about the latest In iran as. Well 285 00:16:46.279 --> 00:16:49.320 let's go up to beautiful For, Collins. Colorado we'll start With. 286 00:16:49.399 --> 00:16:51.440 Bill you're on The DAN kapli show how you Doing? 287 00:16:51.480 --> 00:16:52.600 Bill very? 288 00:16:52.639 --> 00:16:52.799 Good. 289 00:16:52.879 --> 00:16:57.279 DAN i wanted to mention to you that the problems 290 00:16:57.279 --> 00:17:02.840 In iran have a direct connection with coloraderm And i'll 291 00:17:02.879 --> 00:17:08.400 tell you. How in nineteen, fifty rather in nineteen seventy, 292 00:17:08.480 --> 00:17:13.000 EIGHT i attended THE nato school in Ober, Amigau, germany 293 00:17:13.599 --> 00:17:17.480 and the guest speaker there Was General ROBERT. E. HEISER 294 00:17:19.039 --> 00:17:21.119 i talked with him for a while AND i Asked 295 00:17:21.119 --> 00:17:24.359 General heiser what was he. Doing he, said, well he 296 00:17:24.440 --> 00:17:27.400 was a deputy commander FOR. Nato and he, said BUT 297 00:17:27.519 --> 00:17:30.279 i did have an interesting. Experience. RECENTLY i was called 298 00:17:30.319 --> 00:17:35.440 to The White house by The president AND i was 299 00:17:35.519 --> 00:17:40.759 told THAT i should go directly To tehran and tell 300 00:17:40.799 --> 00:17:45.279 The shaw that THE us government was no longer backing 301 00:17:45.319 --> 00:17:48.400 his plate and that he should abdicate and leave the. 302 00:17:48.440 --> 00:17:54.000 Country and that was the key that started. Everything and 303 00:17:54.279 --> 00:17:56.519 WHEN i Asked General, HYSER i, said well where are you? 304 00:17:56.519 --> 00:17:59.960 From and he said a small town you never. RECOGNIZE 305 00:18:00.079 --> 00:18:03.759 i said? Where he said In. COLORADO i, said, Well 306 00:18:03.799 --> 00:18:05.720 i've lived there are a number of. Years where is 307 00:18:05.759 --> 00:18:09.480 it he, SAID i? LIVED i was born and raised In, Paonia, 308 00:18:09.920 --> 00:18:14.839 colorado and that he played football in high school with 309 00:18:15.039 --> 00:18:18.519 all of them mcgral, boys who ultimately went to C 310 00:18:18.680 --> 00:18:22.279 issue And thom McGraw of course Became All american and three. 311 00:18:22.319 --> 00:18:26.799 Sports but the key was The heiser was the courier 312 00:18:27.519 --> 00:18:32.160 From Jimmy carter to tell The shaw to leave and 313 00:18:32.319 --> 00:18:33.240 everything went down. 314 00:18:33.200 --> 00:18:34.200 The Old oh it sure. 315 00:18:34.319 --> 00:18:37.319 Did what a great, Story, Bill, hey sure appreciate. That 316 00:18:37.839 --> 00:18:41.079 and think of those Poor iranian, people the vast majority 317 00:18:41.079 --> 00:18:46.079 innocent captives of this, regime and how their lives, were 318 00:18:46.319 --> 00:18:48.480 how they were tossed into the dungeon in seventy. 319 00:18:48.559 --> 00:18:55.480 Nine you're listening to The Dan Kaplis show. Podcast another 320 00:18:55.559 --> 00:18:56.920 beautiful summer. Day glad you're. 321 00:18:56.920 --> 00:18:59.319 Here so much going on in the, world including this 322 00:18:59.720 --> 00:19:03.880 really BRILLIANT Us Supreme court decision today Upholding tennessees law 323 00:19:04.240 --> 00:19:06.599 that says you're not going to butcher our kids with 324 00:19:06.680 --> 00:19:09.920 this transgender. Stuff SO i give you a deep dive 325 00:19:10.160 --> 00:19:13.640 on the concurrence of Justice barrett beautifully written on why 326 00:19:14.119 --> 00:19:16.880 transgender does not it's not under. 327 00:19:16.640 --> 00:19:19.559 The law entitled to protecting class. Status we'll get back to. 328 00:19:19.599 --> 00:19:23.599 That, hey my good, friend my good, friend and law, 329 00:19:23.640 --> 00:19:26.519 partner in fact managing partner of our, Firm John kellner until, 330 00:19:26.559 --> 00:19:30.559 recently obviously the ELECTED da and OF A Rappo, Douglas 331 00:19:30.920 --> 00:19:33.920 albert And lincoln is now working with The Common Sense 332 00:19:34.039 --> 00:19:37.880 institute as, well and they have a really intriguing report 333 00:19:37.920 --> 00:19:40.400 out today on the state of fentanol In. 334 00:19:40.599 --> 00:19:42.240 Colorado, john how you. 335 00:19:42.279 --> 00:19:45.160 Doing i'm, Good, DAN i appreciate. 336 00:19:45.160 --> 00:19:47.279 It you have me on, WELL i shouldn't have even asked, 337 00:19:47.319 --> 00:19:49.079 that Because i've been with you all. DAY i know 338 00:19:49.119 --> 00:19:51.400 HOW i know unless it's. Changed did it change in 339 00:19:51.440 --> 00:19:52.559 the ten minutes it took me. 340 00:19:52.519 --> 00:19:55.720 To drive over, HERE i don't. Think so they're working 341 00:19:55.759 --> 00:19:56.480 on the cases over. 342 00:19:56.519 --> 00:19:57.279 Here, good, good. 343 00:19:57.359 --> 00:20:01.160 Good so, yeah, HEY i Obviously i've seen most of 344 00:20:01.200 --> 00:20:04.440 this report on, fentanyl but bring folks up to speed 345 00:20:04.440 --> 00:20:04.640 if you. 346 00:20:04.640 --> 00:20:04.920 Would. 347 00:20:05.759 --> 00:20:06.039 Yeah. 348 00:20:06.119 --> 00:20:09.000 Yeah, so as one of my side, PROJECTS i have 349 00:20:09.039 --> 00:20:11.480 the pleasure of being A Criminal Justice fellow with The 350 00:20:11.480 --> 00:20:14.960 Common Sense, institute and obviously, that you, know brings back 351 00:20:15.000 --> 00:20:17.039 a lot of my experience from being a district, attorney 352 00:20:17.839 --> 00:20:20.799 and So i've been deeply involved with The Common Sense 353 00:20:20.799 --> 00:20:23.920 institute in, evaluating you, know what are the effects right 354 00:20:23.960 --> 00:20:26.759 now of some of the changes in the law that 355 00:20:27.359 --> 00:20:30.920 the state has, passed and how is it affecting fentanyl 356 00:20:31.039 --> 00:20:34.200 overdose deaths in our, state which you KNOW csi has 357 00:20:34.200 --> 00:20:36.880 been on the forefront of really evaluating what is the 358 00:20:37.039 --> 00:20:41.079 cost to a consumer to society in the state Of 359 00:20:41.119 --> 00:20:44.000 colorado for some of the policy decisions that are made 360 00:20:44.480 --> 00:20:48.160 under The Gold dome at The. Capitol and, so you, 361 00:20:48.160 --> 00:20:49.640 know one of the things that we were looking at 362 00:20:49.680 --> 00:20:54.319 is after the twenty twenty two law change to clamp 363 00:20:54.400 --> 00:20:58.039 down not entirely but to some extent on possession of 364 00:20:58.079 --> 00:21:01.200 fentanyl and then fentanyl drug. Dealers have we seen a 365 00:21:01.279 --> 00:21:04.039 Decrease AND i just want to bring your listeners back 366 00:21:04.200 --> 00:21:08.200 to twenty twenty, one twenty twenty two and think back 367 00:21:08.240 --> 00:21:10.960 to that, time because it was hard for anybody to 368 00:21:11.000 --> 00:21:15.359 open up let's, say you, know a media app newspaper 369 00:21:15.519 --> 00:21:19.720 and not see a headline about a tragic overdose, death 370 00:21:20.559 --> 00:21:22.039 a poisoning associated with. 371 00:21:22.079 --> 00:21:24.440 Fentanyl and so many times that was you. 372 00:21:24.400 --> 00:21:27.960 Know, juveniles people who didn't know what they were ingesting 373 00:21:28.000 --> 00:21:31.240 because something was laced with sentyl and it's an incredibly, 374 00:21:31.480 --> 00:21:36.319 dangerous deadly. Drug so they tried to reverse some of 375 00:21:36.400 --> 00:21:41.039 the decriminalization that it happened in the twenty twenty. Timeframe 376 00:21:41.720 --> 00:21:45.279 with This Fentanyl Accountability bill in twenty twenty two that 377 00:21:45.440 --> 00:21:50.559 made it a low level felony to possess one gram of. 378 00:21:50.599 --> 00:21:53.839 Fentanyl and your listeners might think one gram that doesn't 379 00:21:53.880 --> 00:21:57.720 sound like, much but just two milligrams of this, stuff 380 00:21:57.880 --> 00:22:00.519 right is enough to cause a. 381 00:22:00.559 --> 00:22:03.000 Death so good. 382 00:22:03.039 --> 00:22:05.480 Stuff on the horizon i'd say for the state Of 383 00:22:05.519 --> 00:22:08.599 colorado is that since the passage of this, law and 384 00:22:08.799 --> 00:22:12.839 since there's been an extreme tightening of border security out 385 00:22:12.880 --> 00:22:16.799 of the southwestern, border we are seeing a decline in 386 00:22:17.160 --> 00:22:19.640 fentel overdose deaths for the first time in the last 387 00:22:20.440 --> 00:22:24.279 roughly four. Years so those deaths have gone down from 388 00:22:24.359 --> 00:22:28.759 around eleven hundred in twenty twenty three to around eight 389 00:22:28.839 --> 00:22:33.480 hundred in twenty twenty. Four that's a significant thirty plus percentage, 390 00:22:33.640 --> 00:22:36.400 Decrease so we like to see that path. 391 00:22:36.480 --> 00:22:37.119 Continue. 392 00:22:37.839 --> 00:22:40.400 Now our report looks at a lot of reasons behind 393 00:22:40.440 --> 00:22:42.599 that and then make some, recommendations of, course as to 394 00:22:42.759 --> 00:22:46.240 what is the way. Ahead and we stand by this 395 00:22:46.359 --> 00:22:50.279 idea that increasing the penalties for folks who possess these, 396 00:22:50.400 --> 00:22:54.519 drugs reversing some of the decriminalization efforts of twenty nineteen 397 00:22:54.640 --> 00:22:58.119 twenty twenty is going to continue this path forward of 398 00:22:58.160 --> 00:23:02.119 a reduction in overdose deaths in addition to continuing to 399 00:23:02.160 --> 00:23:05.200 provide test strips in the lock, zoon you, know that 400 00:23:05.279 --> 00:23:08.319 sort of overdose reversal medication that has saved a lot of. 401 00:23:08.359 --> 00:23:14.000