WEBVTT

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<v Speaker 1>Gavin Newsom is so bored of being the governor of

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<v Speaker 1>California he cannot wait for January of twenty twenty seven

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<v Speaker 1>to roll along, when finally he can get out of

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<v Speaker 1>the nightmare of this job that he only really wants

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<v Speaker 1>to have so that he can become president. Newsom could

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<v Speaker 1>not possibly be more bored. He's now discovered the perfect

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<v Speaker 1>medium for his yappiness, which is podcasting, because all of

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<v Speaker 1>a sudden he's got like multiple different podcasts. Belatedly, he

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<v Speaker 1>had a podcast with, of all people, Marshawn Lynch, the

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<v Speaker 1>Seattle Seahawks, Buffalo Bills, Oakland Raider really was legendary only

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<v Speaker 1>with the Seahawks, but former running back with all those

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<v Speaker 1>teams won a Super Bowl with the Seahawks. Yes, he

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<v Speaker 1>had with that Marshawn Lynch. He had a podcast with him,

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<v Speaker 1>of all people. And now he's decided I'm launching the

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<v Speaker 1>Gavin Newsom podcast because apparently he doesn't have enough to

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<v Speaker 1>do as governor of California. So his first guest on

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<v Speaker 1>this newly launched Gavin news podcasts, he has Charlie Kirk. On.

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<v Speaker 1>Charlie Kirk who's kind of conservative activist guy. He runs

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<v Speaker 1>all the various turning point organizations to promote conservative stuff

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<v Speaker 1>on college campuses. Kirk has sort of the line in

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<v Speaker 1>with President Trump and he's gained more prominence, especially over

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<v Speaker 1>the last election cycle. So he's got Charlie Kirk on

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<v Speaker 1>his little podcast and Newsom winds up talking with him

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<v Speaker 1>about women's sports and has this news making break with

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<v Speaker 1>the Democratic Party where Newsom comes out and says that

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<v Speaker 1>he thinks it's unfair for biological men to play women's sports.

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<v Speaker 1>And clearly that was the point of this interview, was

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<v Speaker 1>Newsome to sort of set himself up to declare his

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<v Speaker 1>opposition to transgender biological men claiming to be women playing

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<v Speaker 1>women's sports, claiming transgender identity playing women's sports. All right, now,

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<v Speaker 1>we all know that Gavin Newsom is a weather vein.

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<v Speaker 1>I don't know that he has very many really sincerely

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<v Speaker 1>held beliefs at all. I think the classic example of

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<v Speaker 1>Gavin Newsom being just a total, totally ungrounded, no principles

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<v Speaker 1>politically whatsoever. The greatest example of this was when he

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<v Speaker 1>was running for governor and ran on a platform that

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<v Speaker 1>he was going to enact single payer universal health care

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<v Speaker 1>in California, and he literally during the campaign, he has

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<v Speaker 1>quotes where he says, I I'm tired of these politicians

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<v Speaker 1>who say they're gonna push for single payer, and then

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<v Speaker 1>when the time comes, they say it's too expensive or

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<v Speaker 1>not right now, or it can't be done. I'm tired

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<v Speaker 1>of these politicians kicking the can down the road. That's

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<v Speaker 1>what he was saying as lieutenant governor when he was

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<v Speaker 1>running on this idea in twenty eighteen. Then he becomes

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<v Speaker 1>governor and that's immediately the position he adopts is it's

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<v Speaker 1>too expensive, it's not the right time, and maybe there

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<v Speaker 1>are other ways to do this. So even on this

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<v Speaker 1>massive campaign pledge to pursue single payer healthcare, he completely

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<v Speaker 1>flip flopped on it completely like like, could not have

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<v Speaker 1>been more blatant in his flip flop. So this is

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<v Speaker 1>not a principled man. It recalls to me the Groucho

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<v Speaker 1>Marx quote. Those are my principles, and if you don't

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<v Speaker 1>like them, well I have others. That's Gavin Newsom. Those

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<v Speaker 1>are his principles and if you don't like them, he

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<v Speaker 1>has others. So I think most knowing this about Newsom,

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<v Speaker 1>I think across the commentariat people are focusing on Okay, Well,

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<v Speaker 1>Gavin Newsom is clearly trying to run for president in

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<v Speaker 1>twenty twenty eight, and he is tacking hard to the center.

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<v Speaker 1>He sees that, I mean everyone one of the big

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<v Speaker 1>takeaways from the twenty twenty four election is the transgender

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<v Speaker 1>the pro transgender viewpoint, especially men playing women's sports, is

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<v Speaker 1>not popular. It does not have popular support. The vast

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<v Speaker 1>majority of Americans don't like it, don't agree with it,

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<v Speaker 1>don't support it. And so Newsom, I think Newsom is

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<v Speaker 1>trying to attack to the center to where the country is.

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<v Speaker 1>And some people around the commentarator saying, well, maybe this

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<v Speaker 1>is smart of Newsom. You know, he's trying to track

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<v Speaker 1>sort of a different way forward for the Democrats, and

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<v Speaker 1>it is significant. I mean, Newsom is the most at

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<v Speaker 1>this point. Who else is the leader of the Democrat

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<v Speaker 1>Party nationally? Who else other than him, who's a more

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<v Speaker 1>prominent elected official than Gavin Newsom? Right now? He's the

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<v Speaker 1>governor of the biggest state in the Union. Democrats don't

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<v Speaker 1>have a president, they don't have a vice president, they

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<v Speaker 1>don't have excuse me, they don't have a majority leader

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<v Speaker 1>in Congress, and they're in the minority in both House

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<v Speaker 1>and Senate, who is a more prominent figure than Gavin Newsom.

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<v Speaker 1>I don't know. He's probably the most prominent elected official

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<v Speaker 1>the Democrats have right now, So this is a significant change.

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<v Speaker 1>I don't think, though, Conservatives should sort of sit back

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<v Speaker 1>and sort of say, well, you know, it's a good

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<v Speaker 1>thing that Democrats are embracing reason on this issue, and

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<v Speaker 1>you know, maybe we should be magnanimous and welcome him

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<v Speaker 1>into the fold. Okay, if John Fetterman wants to do that.

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<v Speaker 1>Maybe if other Democrats in the House and the Senate,

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<v Speaker 1>who maybe don't have a long record on this issue,

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<v Speaker 1>if they want to tack to the center on this, Okay,

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<v Speaker 1>that's fine. Gavin Newsom shouldn't be allowed to do this.

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<v Speaker 1>Gavin Newsom should not be allowed to get away with this.

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<v Speaker 1>I think he's going to try to act like I'm

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<v Speaker 1>the moderate on this issue. I've tacked to the center.

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<v Speaker 1>I am different and distinct from whoever else he's going

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<v Speaker 1>to run against in the Democratic primary, and I think

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<v Speaker 1>he's got a good shot of winning the Democratic primary

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<v Speaker 1>the nominee in twenty twenty eight. I don't think we

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<v Speaker 1>should let him get away with some kind of label

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<v Speaker 1>as the moderate because he is moderate on the issue

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<v Speaker 1>of transgenderism. He is not. Why do I say that.

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<v Speaker 1>I say this because Gavin Newsom has signed laws. He

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<v Speaker 1>has signed laws plural in California that have enacted far

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<v Speaker 1>more extreme legal regimes enforcing transgender norms on California, things

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<v Speaker 1>that I think are far worse than boys playing girls' sports,

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<v Speaker 1>biological men playing women's sports. Newsom's trying to act as

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<v Speaker 1>though he's picking the low hanging fruit, that the most

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<v Speaker 1>obvious thing within the realm of the transgender You know,

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<v Speaker 1>he's he's going to position himself as I'm in favor

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<v Speaker 1>of trans people, their rights should be protected, their right

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<v Speaker 1>to get the surgeries, blah blah, blah blah blah. But

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<v Speaker 1>you know, I understand that it's not fair for biological

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<v Speaker 1>men to play women's sports. So he's trying to pick

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<v Speaker 1>what he deems to be the low hanging fruit, ignoring

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<v Speaker 1>laws he passed for far worse things. So let me

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<v Speaker 1>talk about exhibit A example number one of far worse

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<v Speaker 1>things that Gavin Newsom has signed into law that are

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<v Speaker 1>far worse than biological men playing women's sports, biological men

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<v Speaker 1>being housed in women's correctional facilities, jails and prisons in California.

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<v Speaker 1>Let's talk about that. Now. This is not me saying

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<v Speaker 1>that biological men playing women's sports is not important or

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<v Speaker 1>not unfair. It is important. It's very unfair, and in

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<v Speaker 1>certain cases, as President Trump highlighted at his speech earlier

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<v Speaker 1>this week, it can even be dangerous. It can be

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<v Speaker 1>physically dangerous for biological men to compete with biological women. Okay,

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<v Speaker 1>biological men are bigger, stronger, faster, and they can because

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<v Speaker 1>they're so much bigger, stronger, faster, they can do stuff

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<v Speaker 1>that actually, depending on the sport, actually physically harms women.

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<v Speaker 1>So I'm not saying it's good. I'm not saying it's fair.

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<v Speaker 1>It's bad, it's unfair. We should oppose it. But I

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<v Speaker 1>kind of think it's nuts that the issue of men

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<v Speaker 1>playing women's sports gets so much more press and so

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<v Speaker 1>much more ink than the issue of biological men claiming

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<v Speaker 1>to be transgender being housed in women's prisons in jails.

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<v Speaker 1>Worst case scenario when a man plays a woman sport

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<v Speaker 1>is that he steals a spot or a championship, a

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<v Speaker 1>metal whatever from a deserving woman, and or that someone

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<v Speaker 1>gets injured, and you know the injury that was highlighted

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<v Speaker 1>during President Trump's spech was a very serious injury. You

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<v Speaker 1>know what's the worst case when a biological man is

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<v Speaker 1>housed in a woman's prison, rape murder. We don't talk

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<v Speaker 1>about it very much, but I think out of all

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<v Speaker 1>of the policies that are the logical conclusion of the

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<v Speaker 1>transgender ideology, letting biological men who simply claim a transgender identity,

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<v Speaker 1>and that's the other thing, it's just claiming a transgender identity.

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<v Speaker 1>Part and parcel of this whole ideology is no, no

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<v Speaker 1>psychological examination is required. You just take it at the

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<v Speaker 1>person's word. And it's almost that it's offensive to ask

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<v Speaker 1>for a more in depth psychological evaluation because it's not

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<v Speaker 1>a psychological illness to be transgender. If someone trust trans kids,

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<v Speaker 1>that's the motto, trust trans kids, trust trans people, you don't.

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<v Speaker 1>It's actually deemed to be offensive to actually inquire into

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<v Speaker 1>the ideation, to ask if the ideation, if this identity

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<v Speaker 1>that someone is adapting for themselves is authentic or legitimate

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<v Speaker 1>or just a phase, or if it's flat out pretending

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<v Speaker 1>in order for you, as a biological male convicted felon

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<v Speaker 1>so that you can be housed with women so you

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<v Speaker 1>can rape them. And before you think this is a

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<v Speaker 1>theoretical concern, Sally Moreno, the District Attorney of Madera is

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<v Speaker 1>right now in the process of prosecuting exactly someone like this,

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<v Speaker 1>So right now, this is the story I talked about.

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<v Speaker 1>I interviewed Sally Moreno again, the District attorney of Madera County.

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<v Speaker 1>I interviewed her on the show a couple months ago.

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<v Speaker 1>This is a story from December. This was a story

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<v Speaker 1>from ABC thirty. Pronoun use at center of rape case

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<v Speaker 1>involving former Chouchilla prisoner. A convicted criminal who served time

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<v Speaker 1>at the women's prison in Chowchilla is charged with raping

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<v Speaker 1>fellow inmates. A Madera County judge ruled this week that

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<v Speaker 1>fifteen to two year old state prisoner Tremaine Carol Tremaine,

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<v Speaker 1>that's a boy's name, must be referred to with she

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<v Speaker 1>her pronouns because Carol identifies as a woman. But the

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<v Speaker 1>district attorney believes the defendant is abusing the system. This

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<v Speaker 1>is a person who is not a woman in any

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<v Speaker 1>sense of the word, says Madera County District Attorney Sally Moreno.

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<v Speaker 1>In March, DA Sally Moreno charged Carol for rape allegedly

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<v Speaker 1>committed while incarcerated at the Central California Women's Facility in

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<v Speaker 1>Chauchilla's This is a California State prisons located in Chouchilla.

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<v Speaker 1>After his first cellmate became pregnant and was moved to

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<v Speaker 1>Los Angeles. Two other cellmates of his had complained that

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<v Speaker 1>he raped them, so we have filed rape charges against

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<v Speaker 1>this inmate, said Moreno. Moreno says the ruling regarding pronouns

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<v Speaker 1>impacts her ability to prosecute the case. This is a

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<v Speaker 1>particular issue in this case because it's confusing to the jury.

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<v Speaker 1>In California, rape is a crime that has to be

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<v Speaker 1>accomplished by a man, said Moreno. Supervising Deputy District Attorney

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<v Speaker 1>Eric du Temple says it's also unfair to the victim.

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<v Speaker 1>It's just absolutely insane. He says that a victim would

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<v Speaker 1>have to get on the stand and police their pronoun

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<v Speaker 1>usage when trying to recite one of the scariest times

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<v Speaker 1>of their lives. Now the judge throwing a hissy fit

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<v Speaker 1>here about using the right pronouns when the whole theory

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<v Speaker 1>of this case, By the way, I know this is radio.

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<v Speaker 1>You can't see it. I've got the mugshot for this,

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<v Speaker 1>for this allegedly transgender person. He's got a goatee. He

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<v Speaker 1>just looks like a dude. He's not even trying. The

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<v Speaker 1>whole theory of the case against this guy is that

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<v Speaker 1>he's not even really whatever reality there is to a

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<v Speaker 1>transgender identity. He doesn't even think of himself as transgender.

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<v Speaker 1>He's pretending. He's saying that he's transgender because he wants

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<v Speaker 1>to rape women, and now he's apparently raped three of them.

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<v Speaker 1>Why was he able to do that? Why does California

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<v Speaker 1>allow someone just claiming a transgender identity to be housed

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<v Speaker 1>with female inmates. The story continues, Carol was allowed to

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<v Speaker 1>serve time in a woman's prison despite being a biological male,

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<v Speaker 1>because of Senate Bill one thirty two, the Transgender Respect,

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<v Speaker 1>Agency and Dignity Act, which took effect in twenty twenty one. Yes,

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<v Speaker 1>in twenty twenty, COVID dictator Newsom took time away from

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<v Speaker 1>his busy schedule of ruining county economies color coding you

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<v Speaker 1>in order to determine whether you had a First Amendment

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<v Speaker 1>right to free exercise of religion. Or not he took

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<v Speaker 1>time out of his busy schedule doing all of that

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<v Speaker 1>to sign SB one two to mandate biological men be

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<v Speaker 1>housed with female prisoners just on the basis of gender

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<v Speaker 1>ideation of acclaimed gender identity, No follow up, no check.

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<v Speaker 1>As Sally Moreno says, there's no psychological evaluation that needs

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<v Speaker 1>to be done. This person does not need to be

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<v Speaker 1>on cross gender hormones. They don't need to be signed

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<v Speaker 1>up for transgender surgery, they don't need to be a

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<v Speaker 1>they don't need to be a psychological evaluation regarding gender confusion.

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<v Speaker 1>The mere statement is enough, said Moreno, So I guess

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<v Speaker 1>I applaud Gavin Newsom for saying it's unfair that biological

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<v Speaker 1>men play women's sports. Listen that, folks, it's the sound

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<v Speaker 1>of the world's tiniest applause. You know what's really unfair.

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<v Speaker 1>It's being sentenced to two years in a California state

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<v Speaker 1>prison and instead your sentence winds up being two years

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<v Speaker 1>and being raped by a man. You know, it's really unfair.

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<v Speaker 1>It's you know, it's a real instance of gender discrimination.

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<v Speaker 1>It's being a woman and being expected to be housed

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<v Speaker 1>with a dangerous, convicted criminal. In prison. Newsom's trying to

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<v Speaker 1>act like the lowest hanging fruit. The most obvious thing

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<v Speaker 1>is changing his position on biological men playing women's sports. No,

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<v Speaker 1>the actual thing that's the lowest hanging fruit, the actual

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<v Speaker 1>most insane gender policy out there, is not actually women's sports.

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<v Speaker 1>It's bad that men play women's sports. It's unfair that

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<v Speaker 1>men play women's sports. I concur I'm not in favor

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<v Speaker 1>of it, But biological men being housed in a woman's

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<v Speaker 1>prison is I think a twenty times worse problem because again,

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<v Speaker 1>nine percent of the time, if a man's playing women's sports,

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<v Speaker 1>it's the end result is unfairness, opportunities being taken from women.

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<v Speaker 1>That's bad, that's not good. You know what happens when

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<v Speaker 1>you have a male convicted criminal housed with a bunch

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<v Speaker 1>of female convicted criminals. Rape, That's what's gonna happen. It's

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<v Speaker 1>precisely what happened in Madera County. So, Gavin Newsom, you

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<v Speaker 1>are not some tacking to the middle moderate unless you

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<v Speaker 1>because guess what, he signed that into law and he's

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<v Speaker 1>not going to refute that. So let's not let him

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<v Speaker 1>get away with that. When we return, we'll talk a

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<v Speaker 1>little bit more about think, why are certain things? You know,

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<v Speaker 1>why is the sports thing front and center but not

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<v Speaker 1>the prisoner's thing that's next on the John Already show

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<v Speaker 1>went a little long last segment, so this will be

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<v Speaker 1>a short one, but just it's I understand why men

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<v Speaker 1>playing women's sports gets more press and attention than biological

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<v Speaker 1>men being housed in women's prisons. As Gavin Newsom is

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<v Speaker 1>trying to do this little press to her, acting like, oh,

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<v Speaker 1>I'm a moderate on transgender issues because now I don't

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<v Speaker 1>think it's good for men to play women's sports. Meanwhile,

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<v Speaker 1>he signed our state law letting biological men be housed

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<v Speaker 1>in women's prison in women's prisons based on gender identity

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<v Speaker 1>acclaimed gender identity, which I think, by any metric, is

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<v Speaker 1>more dangerous, more harmful, more unjust, more unfair, like by

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<v Speaker 1>any metric, that's got to be a lower hanging fruit

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<v Speaker 1>to change your positions on than biological men playing women's sports.

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<v Speaker 1>I mean, like, come on the bad outcome of biological

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<v Speaker 1>men playing women's sports. Yes, there are some instances where

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<v Speaker 1>someone could get very seriously injured. You put a biological

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<v Speaker 1>man in a women's prison, someone's gonna get raped. And

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<v Speaker 1>it astonishes me the naivete of the California state legislature

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<v Speaker 1>to think, well, people wouldn't lie about their trendsgender identity

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<v Speaker 1>just so that they could rape women. These are convicted criminals,

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<v Speaker 1>of course they will. I mean, anyone who's worked in corrections,

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<v Speaker 1>anyone who's worked as a correctional officer for a jail

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<v Speaker 1>or prison, or works for the sheriff's department, understands these

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<v Speaker 1>guys have nothing but time to think up ways to

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<v Speaker 1>do bad things they are constantly doing. You give them

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<v Speaker 1>an inch, they will take a mile. You give them

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<v Speaker 1>an opportunity. You give these guys who've been surrounded by

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<v Speaker 1>nothing but dudes, an opportunity to be in a cell

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<v Speaker 1>with a woman. You don't well think that these these

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<v Speaker 1>bad people, these convicted people, are gonna take that chance,

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<v Speaker 1>or that at least one of them is gonna take

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<v Speaker 1>that change. Of course, they're gonna take that chance, They're

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<v Speaker 1>gonna take that opportunity. I mean, what an utter naivete

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<v Speaker 1>about corrections to not understand that these are bad dudes,

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<v Speaker 1>and of course they'll abuse that system and falsely claim

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<v Speaker 1>to be transgender, in so far as such a thing

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<v Speaker 1>can be falsified or falsifiable anyway. I think it's just

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<v Speaker 1>a thing of you know, sports is something that all

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<v Speaker 1>of us engage with. Most Americans are watching sports, grew

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<v Speaker 1>up playing some sport, have their kids playing sports. It's

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<v Speaker 1>something that's obviously readily reachable, tangible part of everyday life

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<v Speaker 1>in a way that you know, inmates being housed in prisons,

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<v Speaker 1>in jails isn't. So we don't think about it, we

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<v Speaker 1>don't hear about it. You know, there are about twenty

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<v Speaker 1>more stories about the what is it, the dude swimmer,

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<v Speaker 1>the biological male who became a Leah Thomas whatever the

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<v Speaker 1>I forget what his actual original name was, you know,

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<v Speaker 1>the biological male who all of a sudden becomes a

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<v Speaker 1>women's swimmer and then he starts kicking everyone's butt. The

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<v Speaker 1>eighty more stories about that. That's like a national news thing,

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<v Speaker 1>as opposed to, again, this horrible story out of Mandera

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<v Speaker 1>County about three women in the Chowchilla Women's Correctional Facility

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<v Speaker 1>being raped by a dude. A dude who didn't even

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<v Speaker 1>bother to change his name to a more female name,

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<v Speaker 1>didn't bother to shave his goateee. Is not on cross

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<v Speaker 1>gender hormones, isn't signed up for any kind of surgery.

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<v Speaker 1>Who's clearly, I think, very arguably is purely claiming transgender

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<v Speaker 1>ideation so that a transgender identity, so that he can

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<v Speaker 1>rape women. It's why that isn't like front and center,

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<v Speaker 1>National News. It's sort of I sort of understand it again.

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<v Speaker 1>You know, being involved with kids, your kids' sports is

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<v Speaker 1>a far more commonplace, common American experience than going to jail.

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<v Speaker 1>But it's obviously like a far worse instance of injustice

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<v Speaker 1>to house women in a situation like that than it

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<v Speaker 1>is to have them, you know, play in a track

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<v Speaker 1>and field meet against a dude. Obviously that's also unfair.

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<v Speaker 1>But holy cow, being women being housed with a convicted

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<v Speaker 1>other convicted women, I guess being housed of the convicted

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<v Speaker 1>male felon is so much more dangerous, so much more unjust. Anyway,

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<v Speaker 1>we shouldn't like avenusom get away with his alleged turned

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<v Speaker 1>moderation on transgenderism. Yeah, he's saying, oh, it's okay, it's

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<v Speaker 1>not good for biological men to play women's sports. It's

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<v Speaker 1>far worse for biological men to be housed in prison

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<v Speaker 1>with women. And he was the one who made it

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<v Speaker 1>happen in California. He signed that bill into law. So

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<v Speaker 1>don't let him get away with some pretend moderate identity.

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<v Speaker 1>When we return, we'll talk about some disappointing Supreme Court

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<v Speaker 1>rulings next on the John Girardi Show. There's a lot

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<v Speaker 1>of conservative tongue wagging about Amy Coney Barrett after a

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<v Speaker 1>recent Supreme Court ruling that was blocking Trump's effort delaying

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<v Speaker 1>I should say, because it's not really a finalized block,

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<v Speaker 1>it's a delay some various Supreme Court rulings delaying Trump

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<v Speaker 1>administration efforts to fire various federal employees and to cut

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<v Speaker 1>off certain forms of USAID funding. The problem is, you've

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<v Speaker 1>got this Federal District Court judge, Judge Emir Ali, who

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<v Speaker 1>was trying to act as though he's halting a Trump

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<v Speaker 1>move of stopping certain federal funding, and he's doing it

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<v Speaker 1>through what's called a TRO a temporary restraining order. Now,

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<v Speaker 1>a TRO is only granted under certain kinds of conditions,

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<v Speaker 1>but the idea of a TRO is it's there in

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<v Speaker 1>the name. It's a temporary restraining order. It's hold it

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<v Speaker 1>before some action happens. Don't do that action, because we

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<v Speaker 1>need to assess this to see if it is legal

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<v Speaker 1>or not. So I was involved with this with a

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<v Speaker 1>federal lawsuit that I filed my organization Right to Life

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<v Speaker 1>Central California. We were faced with this thorny problem. California

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<v Speaker 1>had passed a law banning protest within a certain number

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<v Speaker 1>of feet of any quote vaccine sight. Planned Parenthood in

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<v Speaker 1>Fresno offers HPV vaccines. We had Right to Life. We

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<v Speaker 1>have our forty Days for Life campaign, which by the way,

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<v Speaker 1>is going on right now. And as part of our

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<v Speaker 1>work on the sidewalk talking to women and couples considering abortion,

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<v Speaker 1>we're standing on the sidewalk within one hundred feet of

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<v Speaker 1>the door of Planned Parenthood, and so the law would

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<v Speaker 1>have rendered our conduct basically illegal. So as soon as

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<v Speaker 1>the law came into effect. Basically it was an urgency measure,

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<v Speaker 1>So as soon as Gavin Newsom signed it, it came

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<v Speaker 1>into effect. It didn't you know, it wasn't a thing

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<v Speaker 1>where I think he signed it in October of twenty

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<v Speaker 1>twenty one. It wasn't a thing where you waited until

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<v Speaker 1>January first of twenty twenty two. It came into effect

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<v Speaker 1>as soon as he signed it, as soon as Gavin

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<v Speaker 1>Newsom signed it, we filed a lawsuit against the Attorney

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<v Speaker 1>General of California, and we submitted a request for a

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<v Speaker 1>t R a temporary restraining order to say, hey, well,

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<v Speaker 1>wha wha wha wha whah woa, before the State of

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<v Speaker 1>California starts enforcing this law against us, we want to

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<v Speaker 1>temporarily restrain them from enforcing this law because we think

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<v Speaker 1>there are really serious violations of our constitutional rights that

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<v Speaker 1>are at play here, particularly our First Amendment rights to

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<v Speaker 1>freedom of speech. And the judge granted us that tro

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<v Speaker 1>and in granting us the tro it's the judge was

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<v Speaker 1>preventing the government from doing something affirmative, saying, don't affirmatively

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<v Speaker 1>enforce this law. Stay at the status quo what this

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<v Speaker 1>federal District Court judge Amir Ali did. And just for

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<v Speaker 1>background on Amir Ali, he is a federal district court

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<v Speaker 1>judge for the d C District, and these judges in

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<v Speaker 1>the d C District. The federal court system is basically

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<v Speaker 1>broken up into regions. So we in Fresno happen to

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<v Speaker 1>live in the Eastern District of California, and for every

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<v Speaker 1>regional sort of federal court district you have a single

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<v Speaker 1>US attorney who is the federal law enforcement person for

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<v Speaker 1>that region, kind of like a district kind of like

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<v Speaker 1>a district attorney. So so you know at Lisa Smith

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<v Speaker 1>Camp is the DA for Fresno County. There's a US

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<v Speaker 1>attorney who prosecutes all the federal crimes within the Eastern

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<v Speaker 1>District of California. And every state has at least one

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<v Speaker 1>federal district. So a small state that doesn't have a

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<v Speaker 1>large population just has the district of the federal you know,

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<v Speaker 1>district of say Wyoming, Okay. So federal court systems, the

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<v Speaker 1>federal the structure of the federal courts is basically three levels.

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<v Speaker 1>You have Federal district court judges, which here the first

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<v Speaker 1>level trial level cases. Federal district court judge judges as well,

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<v Speaker 1>but where there they oversee trials, where they're just where

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<v Speaker 1>they're you know, sorting through factual disputes and also analyzing

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<v Speaker 1>at the first level legal questions. Is this consistent with

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<v Speaker 1>the Constitution? Is this consistent with a provision of federal law?

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<v Speaker 1>Is the government or are somebody violating this person's federal rights?

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<v Speaker 1>So you have the federal district courts at the lowest level.

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<v Speaker 1>Then you have the federal circuit courts like the First Circuit,

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<v Speaker 1>the Second Circuit, the Third Circuit, the Fourth Circuit, and

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<v Speaker 1>the d C Circuit that you know, we in California

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<v Speaker 1>live in the Ninth Circuit Court of Appeals, which hears

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<v Speaker 1>all the appeals from all the individual federal district courts

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<v Speaker 1>within a number of states in the Western United States.

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<v Speaker 1>So there is a DC District Court which has a

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<v Speaker 1>number of judges who are all federal judges for the

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<v Speaker 1>DC District and they hear a lot of these big

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<v Speaker 1>legal disputes involving federal government spending because the federal government

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<v Speaker 1>is located in the District of Columbia, and a lot

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<v Speaker 1>of these guys, guys and gals are super liberal. A

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<v Speaker 1>lot of them are Obama appointees and Biden appointees. Amir

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<v Speaker 1>Ali is a Biden appointee. So Amir Ali saw federal

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<v Speaker 1>lawsuit was filed by these various nngos who were supposed

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<v Speaker 1>to get USAID money something like two billion dollars. The

414
00:30:49.160 --> 00:30:54.160
<v Speaker 1>Trump administration was cutting that money off. Ali gets a

415
00:30:54.200 --> 00:30:58.519
<v Speaker 1>temporary restraining They sue. They ask Ali for a temporary

416
00:30:58.559 --> 00:31:02.480
<v Speaker 1>restraining order. But this is the difference. This is a

417
00:31:02.519 --> 00:31:10.920
<v Speaker 1>temporary restraining order, not demanding that no affirmative act take place,

418
00:31:11.319 --> 00:31:13.599
<v Speaker 1>not demanding that we just hold things at the status quo,

419
00:31:13.640 --> 00:31:17.680
<v Speaker 1>which the irreversible act here would be the money going

420
00:31:17.839 --> 00:31:24.519
<v Speaker 1>out to the NGO. Ali issues what he calls a

421
00:31:24.559 --> 00:31:31.319
<v Speaker 1>temporary restraining order to say that the money must be

422
00:31:31.480 --> 00:31:35.720
<v Speaker 1>affirmatively paid out. That's not a temporary thing at all.

423
00:31:36.079 --> 00:31:37.720
<v Speaker 1>The horse is out of the barn by that point.

424
00:31:37.799 --> 00:31:42.119
<v Speaker 1>Once the money's spent, it's spent, it's gone. You can't

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00:31:42.200 --> 00:31:49.920
<v Speaker 1>get it back. Rich Larry National Review has a little

426
00:31:49.920 --> 00:31:52.839
<v Speaker 1>piece about it. Judge Amir Ali. He says, it's good

427
00:31:52.880 --> 00:31:56.160
<v Speaker 1>to be king or a district judge. Judge Amir Ali

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00:31:56.279 --> 00:31:58.519
<v Speaker 1>has no power to appropriate money or spend it. Neither

429
00:31:58.559 --> 00:32:00.440
<v Speaker 1>does he have any authority over the condo to US

430
00:32:00.480 --> 00:32:03.240
<v Speaker 1>foreign policy if he wanted to have any of these things.

431
00:32:03.359 --> 00:32:04.880
<v Speaker 1>He's in the wrong line of work as a federal

432
00:32:04.920 --> 00:32:07.640
<v Speaker 1>district judge. Ali is not letting that stop him in

433
00:32:07.720 --> 00:32:11.680
<v Speaker 1>his escalating conflict with the Trump administration over USAID spending.

434
00:32:11.759 --> 00:32:14.799
<v Speaker 1>Though the judge won a modified victory in the Supreme Court,

435
00:32:14.839 --> 00:32:18.119
<v Speaker 1>which opted not to stop him from trying to force

436
00:32:18.200 --> 00:32:21.359
<v Speaker 1>the Trump administration to spend money that it has currently paused.

437
00:32:21.759 --> 00:32:24.680
<v Speaker 1>In a dissent expressing shock and dismay that the Court

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00:32:24.759 --> 00:32:27.720
<v Speaker 1>is letting Ali proceed on his current course, Justice Samuel

439
00:32:27.759 --> 00:32:29.839
<v Speaker 1>Alito described the crux of the matter as the question,

440
00:32:30.000 --> 00:32:34.000
<v Speaker 1>does a single district court judge, who likely lacks jurisdiction,

441
00:32:34.759 --> 00:32:37.720
<v Speaker 1>have the unchecked power to compel the government of the

442
00:32:37.799 --> 00:32:40.920
<v Speaker 1>United States to pay out and probably lose forever two

443
00:32:41.039 --> 00:32:46.559
<v Speaker 1>billion taxpayer dollars. The Supreme Court said yes, or, in effect,

444
00:32:47.160 --> 00:32:49.559
<v Speaker 1>don't bother us with this now, although we realize the

445
00:32:49.640 --> 00:32:53.119
<v Speaker 1>matter may come back up to us soon enough. Now

446
00:32:53.799 --> 00:32:58.640
<v Speaker 1>why did that happen. It's because Chief Justice Roberts and

447
00:32:58.880 --> 00:33:04.079
<v Speaker 1>Justice Barrett joined the three liberals, and this has led

448
00:33:04.079 --> 00:33:05.839
<v Speaker 1>to a lot of people starting to raise the question,

449
00:33:06.559 --> 00:33:09.640
<v Speaker 1>is Amy Cony Barrett much more liberal than we thought?

450
00:33:12.160 --> 00:33:17.720
<v Speaker 1>Now I have a little bit of insight into Justice Barrett.

451
00:33:18.599 --> 00:33:21.480
<v Speaker 1>I'm not claiming I was her, you know, a dear friend,

452
00:33:21.640 --> 00:33:23.880
<v Speaker 1>or even that we were very close or anything, but

453
00:33:24.039 --> 00:33:25.920
<v Speaker 1>she was one of my professors at Notre Dame Law School,

454
00:33:27.519 --> 00:33:30.200
<v Speaker 1>and I have maybe a little bit of insight into

455
00:33:30.279 --> 00:33:36.920
<v Speaker 1>this that maybe other people don't. So let me start

456
00:33:36.960 --> 00:33:45.319
<v Speaker 1>by saying this first, Justice Barrett is fundamentally a little

457
00:33:45.400 --> 00:33:51.880
<v Speaker 1>bit of a different career track trajectory than other justices

458
00:33:52.079 --> 00:33:57.920
<v Speaker 1>on the Supreme Court. Fundamentally, she was in academia for

459
00:33:58.119 --> 00:34:02.839
<v Speaker 1>her whole For most of her legal career, she was

460
00:34:02.880 --> 00:34:07.039
<v Speaker 1>a professor at Notre Dame Law School. I think early

461
00:34:07.119 --> 00:34:08.760
<v Speaker 1>in her career before she got to Notre Dame, she

462
00:34:08.840 --> 00:34:11.840
<v Speaker 1>worked in some private practice stuff, She did federal clerkships,

463
00:34:12.239 --> 00:34:17.599
<v Speaker 1>but her career was ninety nine percent academic and scholarly.

464
00:34:20.599 --> 00:34:23.239
<v Speaker 1>For about two years before she was nominated to the

465
00:34:23.280 --> 00:34:25.800
<v Speaker 1>Supreme Court, she served on the Seventh Circuit Court of Appeals.

466
00:34:27.079 --> 00:34:37.000
<v Speaker 1>But she's fundamentally an academic. So I think this sort

467
00:34:37.039 --> 00:34:41.199
<v Speaker 1>of reflects itself a little bit in her open expressed

468
00:34:41.840 --> 00:34:49.280
<v Speaker 1>avowed distaste for what's called the emergency docket. The Supreme

469
00:34:49.360 --> 00:34:53.400
<v Speaker 1>Court has different kinds of cases. It hears the chief

470
00:34:54.239 --> 00:34:56.679
<v Speaker 1>normative way that the Supreme Court. Here's a case, is

471
00:34:58.360 --> 00:35:02.320
<v Speaker 1>someone files a lawsuit. That lawsuit is resolved decided one

472
00:35:02.320 --> 00:35:04.320
<v Speaker 1>way or another at the district court level. Then it's

473
00:35:04.360 --> 00:35:06.639
<v Speaker 1>appealed to a circuit court, and that's decided one way

474
00:35:06.679 --> 00:35:08.719
<v Speaker 1>or another at the circuit court level. It's appealed up

475
00:35:08.719 --> 00:35:11.360
<v Speaker 1>to the Supreme Court. Supreme Court reviews the petition for

476
00:35:11.360 --> 00:35:14.800
<v Speaker 1>asserts yourri which is basically the petition saying, hey, Supreme Court,

477
00:35:14.800 --> 00:35:16.599
<v Speaker 1>will you hear this case. They look at it, they

478
00:35:16.639 --> 00:35:19.000
<v Speaker 1>think about it, they say, okay, we'll take it now

479
00:35:19.639 --> 00:35:22.400
<v Speaker 1>over the course of the year, from October through June.

480
00:35:23.079 --> 00:35:26.320
<v Speaker 1>We want you to submit your full written briefs and

481
00:35:26.440 --> 00:35:29.440
<v Speaker 1>legal arguments, and we'll have oral argument and we'll have

482
00:35:29.559 --> 00:35:33.599
<v Speaker 1>the full thing and everything done in normal order. Justice

483
00:35:33.639 --> 00:35:38.199
<v Speaker 1>Barrett really prefers that. And the problem is that the

484
00:35:38.239 --> 00:35:41.880
<v Speaker 1>Supreme Court's emergency docket has been growing and growing and

485
00:35:41.920 --> 00:35:43.840
<v Speaker 1>growing and growing over the course of the last ten years,

486
00:35:43.840 --> 00:35:46.880
<v Speaker 1>where a lot more cases are being bumped up to

487
00:35:47.000 --> 00:35:54.360
<v Speaker 1>them because of individual federal District Court judges issuing rulings

488
00:35:54.960 --> 00:35:59.360
<v Speaker 1>on executive policies from either a Republican or a Democrat

489
00:35:59.360 --> 00:36:07.119
<v Speaker 1>presidentialistration issuing nationwide binding You'll get one federal District Court

490
00:36:07.199 --> 00:36:11.400
<v Speaker 1>judge in one district issuing a ruling that is binding

491
00:36:12.000 --> 00:36:16.320
<v Speaker 1>on the whole country, like a tro like this to

492
00:36:16.519 --> 00:36:19.760
<v Speaker 1>demand the two billion dollars of USA money be spent,

493
00:36:20.239 --> 00:36:21.880
<v Speaker 1>and then it immediately gets kicked up to the d C.

494
00:36:21.960 --> 00:36:24.880
<v Speaker 1>Circuit immediately gets kicked up to the Supreme Court, and

495
00:36:25.159 --> 00:36:27.480
<v Speaker 1>Justice Barrett hates that. She doesn't like it. She doesn't

496
00:36:27.559 --> 00:36:31.360
<v Speaker 1>like the Supreme Court being involved in really high political

497
00:36:31.440 --> 00:36:36.320
<v Speaker 1>profile cases without full time for briefing and appeals, and

498
00:36:36.519 --> 00:36:39.239
<v Speaker 1>she doesn't want to participate in it. And I think

499
00:36:39.280 --> 00:36:43.440
<v Speaker 1>from her perspective, she thinks, which is true, eventually a case,

500
00:36:43.719 --> 00:36:45.559
<v Speaker 1>a case is going to come up, maybe even this

501
00:36:45.679 --> 00:36:48.559
<v Speaker 1>case or something like this, is going to come up

502
00:36:48.599 --> 00:36:52.760
<v Speaker 1>to the Supreme Court in full order, with normal with

503
00:36:52.880 --> 00:36:55.880
<v Speaker 1>the normal process of appeals to the Supreme Court doesn't

504
00:36:55.920 --> 00:36:58.039
<v Speaker 1>have to intervene in every single case in controversy, and

505
00:36:58.079 --> 00:37:02.119
<v Speaker 1>she doesn't want to intervene right now. I think that's

506
00:37:02.199 --> 00:37:06.719
<v Speaker 1>her perspective on this. She doesn't like this use of

507
00:37:06.800 --> 00:37:10.239
<v Speaker 1>the emergency docket. Whether you think that's right or wrong,

508
00:37:12.079 --> 00:37:14.719
<v Speaker 1>that's how she views it. I think when we return,

509
00:37:15.320 --> 00:37:17.519
<v Speaker 1>these issues will come to the Supreme Court and they

510
00:37:17.559 --> 00:37:19.719
<v Speaker 1>will decide them soon. That's next on the John Gerardy Show,

511
00:37:21.880 --> 00:37:24.960
<v Speaker 1>Justice Barrett has joined with John Roberts to sort of

512
00:37:25.079 --> 00:37:27.320
<v Speaker 1>kick the can down the road when it comes to

513
00:37:27.559 --> 00:37:31.440
<v Speaker 1>the trum Trump administration's ability to cut off various kinds

514
00:37:31.480 --> 00:37:34.719
<v Speaker 1>of foreign aid funding. Seems like she's kicking the can

515
00:37:34.760 --> 00:37:36.239
<v Speaker 1>a little bit down the road on the question of

516
00:37:36.360 --> 00:37:38.679
<v Speaker 1>whether and to what extent the Trump administration can fire

517
00:37:38.760 --> 00:37:41.679
<v Speaker 1>federal employees. This is leading a bunch of conservatives to

518
00:37:41.679 --> 00:37:45.400
<v Speaker 1>say Amy Cony Barrett's a liberal. Amy Commy Barrett, I

519
00:37:45.440 --> 00:37:47.239
<v Speaker 1>don't think that's the case. I think her objections to

520
00:37:47.320 --> 00:37:52.159
<v Speaker 1>it are a lot more procedural than substantive. These cases

521
00:37:52.239 --> 00:37:55.639
<v Speaker 1>are going to come before the Supreme Court over the

522
00:37:55.719 --> 00:38:01.920
<v Speaker 1>next few years, and when that happens, I think you'll

523
00:38:01.960 --> 00:38:06.679
<v Speaker 1>probably get very correct rulings from Justice Barrett on these things.

524
00:38:08.119 --> 00:38:10.760
<v Speaker 1>And again, let's all just remember this could have been

525
00:38:11.039 --> 00:38:14.159
<v Speaker 1>Ruth Bader Ginsburg or a Democrat replacement for Ruth Bader Ginsberg.

526
00:38:14.960 --> 00:38:17.039
<v Speaker 1>You know, before we start talking about Amy Commi Barrett,

527
00:38:17.079 --> 00:38:18.880
<v Speaker 1>let's remember that. That'll do it. John Gerardy Show, See

528
00:38:18.880 --> 00:38:19.719
<v Speaker 1>you next time on Power Talk.
