Trey Dellinger, President Dellinger Law and Policy, PLLC and AFA Action Senior Legal Fellow, steps into “The Corner.”

Transcribed with OpenAI Whisper (base.en). Timestamps are approximate. Lightly cleaned for readability; quotations from on-air callers may include filler words. Use the audio player above for the authoritative recording.

1. 0:00This is the Hamilton Corner on American Family Radio.
2. 0:03It should be uncomfortable for a believer to live as a hypocrite.
3. 0:07Delivery people out of the bondage of mainstream media.
4. 0:10And the philosophies of this world.
5. 0:12God has called you and me to be his ambassador.
6. 0:15Even in this dark moment.
7. 0:18Let's not miss our moment.
8. 0:20And now, the Hamilton Corner.
9. 0:23and in this dark moment.
10. 0:25Let's not miss our moment.
11. 0:27And now the Hamilton Corner.
12. 0:31Good evening, everyone.
13. 0:33Welcome to the Hamilton Corner here on American Family Radio.
14. 0:36I am your host Abraham Hamilton,
15. 0:38the third joint by the corner contingent right across
16. 0:41from me, my man, 100 grand pontificating
17. 0:44about electoral college results.
18. 0:48Mr. Bobby,
19. 0:48ar-r-r-r-r-r-r-r-r-r-r-ra-r-r-r-r-r-r-r-r-ra-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-scia.
20. 0:53You know it's funny.
21. 0:54Did you see the deal?
22. 0:55By we talking about the Electoral College.
23. 0:57When Tim Walsh came out saying, yeah, I think the Electoral College should be abolished.
24. 1:00Did you see that?
25. 1:02And he said, yeah but that's not the official Harris-waltz campaign position.
26. 1:06What?
27. 1:10Guys, I'm like getting good, look it up.
28. 1:11He said, yeah, I think the Electoral College needs to be abolished.
29. 1:14That's not the official campaign position, but yeah.
30. 1:17in a screening room guys we have producers
31. 1:22extraordinaire often imitated but never
32. 1:24duplicated the real j Mac ladies and
33. 1:27gentlemen we're ready to rock and roll
34. 1:28with today's edition of the program all
35. 1:30so much is going on you see camera
36. 1:34hair so all of a sudden I will have a
37. 1:37plan create opportunity agenda for
38. 1:39black men you see that did you see that
39. 1:42Jeff did you see that yeah well well what
40. 1:45right at the beginning at the bottom I
41. 1:47I'll just put her here,
42. 1:48legalize recreational marijuana
43. 1:51and create opportunities for black Americans
44. 1:53to succeed in this new weed industry.
45. 1:55She didn't say weed in her official,
46. 1:57but nothing like,
47. 2:01sound like Barack Obama got to get the brothers out.
48. 2:03And we gonna get the brothers out by
49. 2:05letting them know we gonna help them smoke the weed.
50. 2:07I'm, you know, again,
51. 2:12maybe, maybe it would help for you to realize that,
52. 2:15you know, more melanated brothers won't be enticed to vote
53. 2:19because of weed.
54. 2:19mean there a lot of things going on. You know, she had other things,
55. 2:24provide a million dollar,
56. 2:26provide one million dollar loans that are fully forgivable up to $20,000 for
57. 2:31black entrepreneurs and others to start a business. Yo, this is,
58. 2:35this is so, this is so absurd guys. Like,
59. 2:38so we learned nothing from the subprime mortgage lending incident.
60. 2:43And you know what they're banking on? And this is what I continue to say.
61. 2:45they despise the American people.
62. 2:49So what you're signaling, and it's very easy
63. 2:52for the consumer to think about the consumption end of this.
64. 2:54No, think about the lending aspect.
65. 2:57What you're signaling to banks is,
66. 2:58hey, you can lend money, and the government
67. 3:02is gonna take care of whatever you do.
68. 3:04The government, so you have no problems,
69. 3:07and that ended so well with the subprime mortgage.
70. 3:11And you remember Dodd-Frank, remember that?
71. 3:13who are they frank, we have to make sure
72. 3:15that people can get loans and mortgages.
73. 3:19And what did the bank industry do?
74. 3:20Oh, oh, that's right.
75. 3:22Cause the government ended up being the one
76. 3:24holding the tab for that then too.
77. 3:25And when I said government, who am I talking about?
78. 3:27Oh, that's right, you and me.
79. 3:30So in this moment of outsized inflation on fire,
80. 3:35and all of this, let me slow down.
81. 3:37Cause we're gonna have a different conversation today.
82. 3:41And we're gonna turn to the word of God first.
83. 3:43but this is patently absurd at every level.
84. 3:49You've been in the race, how long?
85. 3:50And you come with this?
86. 3:52And what a sickness you very plain, is that they're desperate.
87. 3:54They recognize, that's why you got the long-legged
88. 3:57Mac Daddy rolling around in East Liberty,
89. 4:00old neighborhood in Pennsylvania.
90. 4:04Excuse me, Pennsylvania.
91. 4:06And he's gonna lecture Black men.
92. 4:10Really? Really?
93. 4:13That's how you gonna make your appeal?
94. 4:15And what he's doing in that process is already trying to set up a scapegoat.
95. 4:20Because there are lots of other men that ain't vote for camel hairs either.
96. 4:23But nobody else gets a lecture, huh, Barack?
97. 4:25Ain't that something?
98. 4:28Ain't that something?
99. 4:32Guys, let me just say this very plainly.
100. 4:36America is that it's safest when government is its smallest.
101. 4:42I can tell you very plainly from growing up in the Royal Louisiana where we have centuries
102. 4:47of Democrat government rule.
103. 4:50Over a century just like every other major metropolitan area in this country and in New Orleans is a relative is a relatively smaller city
104. 5:00we as a
105. 5:02people
106. 5:03Should be committed to getting government out of the way, but that's not what these folks want
107. 5:09No, no, no, they believe we need an American Politburo, which is why
108. 5:14Comma Camilla in the sand all of these things that she knows good and well
109. 5:18well, she ain't gonna be in the ones running the country just like she's not in the in the
110. 5:23ranks right now.
111. 5:24No, Joe Biden don't know where he is most of the time.
112. 5:29So who is running the country now?
113. 5:30It's gonna be the same folks.
114. 5:32Let me let me stay focused at this very moment.
115. 5:36Many of you have not most of you are making your transition from your part time job to
116. 5:39your full time jobs.
117. 5:40And I want to encourage you to be intentional about refusing to be distracted in this moment.
118. 5:52is vitally important, but it is one portion of a comprehensive engagement that we must have,
119. 6:01that we must have. To the worded out we go, Isaiah chapter 1, Isaiah chapter 1, verses 1
120. 6:10through 3, just simply by way of reminder, Isaiah by and large provided prophetic ministry
121. 6:18to the southern kingdom of Judah, the overarching purpose of his prophetic writings are to communicate
122. 6:27the desperate necessity for Judah to repent and it will claim salvation and
123. 6:34Messiah. All right. In doing so in the very first chapter of this book, the very
124. 6:41first chapter, the Word of God tells us through his prophet Isaiah, God tells us
125. 6:48through his prophet Isaiah, the vision of Isaiah, the son of Amos concerning Judah
126. 6:51and Jerusalem. This is verse 1, what she saw during the reigns of Uzziah, Jotham,
127. 6:56A has and has a kaya kings of Judah. All right. This verse one tells us the duration of Isaiah's ministry. All right.
128. 7:05The duration of Isaiah's ministry. Then he goes on verse two, listen, O heavens, and hear O earth.
129. 7:16For the Lord speaks, sons I have read and brought up, but they have revolted against me.
130. 7:27An ox knows its owner and a donkey its master's manger, but Israel does not know.
131. 7:34My people do not understand.
132. 7:39Here the Lord through his prophet is mentioning animals have greater loyalty and allegiance
133. 7:51than his people.
134. 7:54He's contrasting the donkey knowing its master's manger and an ox knowing its owner with his
135. 8:00people revolting against him and running against him. Guys, I, you know, I, I, I, I, I, I, I, I
136. 8:09am almost say I'm sick and tired, but it is an exercise in futility for people to assert
137. 8:17that the United States of America is completely void of any Christian mooring or foundation.
138. 8:22That, that is just balded ash of the highest order. Okay. When you start to think about
139. 8:28the enduring notions that America's declaration, for example,
140. 8:32Declaration of Independence is not merely the product of enlightenment reasoning.
141. 8:36When you have references to nature's God and the Declaration of Independence,
142. 8:40everybody in the world, in the Western world, in the first century,
143. 8:44would have recognized that reference being synonymous with the declaration of the laws of God.
144. 8:50No doubt about it.
145. 8:51The right of the individual, when we talk about the reality of what conservatism
146. 8:58supposed to be, it is the notion of conserving the idea of individual liberty.
147. 9:04Individual rights. It is a recognition that every person is made in the image of God and
148. 9:09has unique talents, gifts, and abilities that are, stop me if you've heard this before, unalienable,
149. 9:17that government undermines its own existence when it attempts to crush that individual.
150. 9:24And guess where the notion of individual liberty comes from? It flows from the Reformation
151. 9:32ideal that individuals had the right and the capacity to know God. That's where it comes from.
152. 9:40Then when you go through, because you have contributors to thought processes like John Locke and others,
153. 9:46but the Declaration makes a unique departure from Locke's reasoning in specifically making
154. 9:51reference to nature's God and the unalienability of rights. Then you go from there, from the
155. 9:58from the declaration to the founders experiment
156. 10:01and experience with the Articles of Confederation.
157. 10:04A lot of people failed to recall
158. 10:06that there was a pretty significant amount of time
159. 10:08between the conclusion of the American Revolutionary War
160. 10:10and the Constitutional Convention.
161. 10:13There were things happening between that time period folks
162. 10:16and the founders recognized no, no, no,
163. 10:17the way we're going about this is not right.
164. 10:21This is not going to work long term.
165. 10:25You had the Annapolis Convention convened
166. 10:26at George Washington's Mount Vernon home
167. 10:28that led to Alexander Hamilton
168. 10:30extending an invitation to all of the states at this juncture,
169. 10:33because there were states under Articles of Confederation
170. 10:35to send delegates to Philadelphia,
171. 10:37the Constitutional Convention.
172. 10:39And when they had reached an impasse,
173. 10:41you have Benjamin Franklin standing up,
174. 10:43guys, this is documented.
175. 10:44This is not my opinion.
176. 10:45You can read James Madison,
177. 10:47who's known as the father of the US Constitution,
178. 10:49his notes on the Constitution,
179. 10:51where they specifically talk about the necessity
180. 10:53of the prayer meeting that interrupted their deliberations.
181. 10:57That prior to the prayer meeting,
182. 11:00We were reaching an impasse.
183. 11:02Thereafter, we had the flow just like you turn on the faucet,
184. 11:05speaking water begins to flow.
185. 11:07Then you have, and this is where people get misunderstanding,
186. 11:10because you're trying to project contemporary wars
187. 11:13onto historical realities.
188. 11:15The founders created the Constitution Convention
189. 11:17for the federal government to be the least impactful
190. 11:20on domestic affairs.
191. 11:21So while you have the prohibitions of religious tests
192. 11:23and things of that nature on the federal government,
193. 11:25the national government at the national federal level,
194. 11:28At the exact same time, you have states that are requiring affirmation of salvation in Jesus Christ alone in order to hold public office.
195. 11:37You have specific dialogue within the Constitution Convention, the deliberate notes, James Madison's notes among them,
196. 11:48that specifically talk about the biblical reality of the fallenness of mankind,
197. 11:53and how whatever government we want to create, it must take into consideration an appropriate view of humanity.
198. 11:58This is uncontrovertible fact.
199. 12:08So while you can rightly say there was never a time when you had 100% of the American population
200. 12:13who all professed salvation in Jesus Christ, it is undeniable that a Biblical worldview is what
201. 12:19undergirded the formation of our nation that is a fact that cannot be argued.
202. 12:26Beyond the concepts of diagnosing, what was the conversion level and the denomination
203. 12:31affiliation of the various signers of the Constitution?
204. 12:35And people try to extract the Constitution away. Well, what was the position of the signers of the
205. 12:38the Declaration of Independence, all of these contributed to our formation and who we are
206. 12:43as a nation, which is why when you had in the 1930s the efforts to enshrine a national motto
207. 12:52in God we trust that was hard any objection to it.
208. 12:58Separation is heard to be in God we trust national motto, but what we are experiencing guys
209. 13:05is the divergence of worldviews, a worldview clash because of what Isaiah articulated in
210. 13:10Isaiah chapter 1.
211. 13:11sons I have reared and brought up, but they have revolted against me. They have
212. 13:24revolted against me. The clash that we are encountering in our civilization and
213. 13:31our society right now is a palpable concerted effort of people who are shaking
214. 13:40their fist in the face of God that are collectively declaring, give me
215. 13:46Barabbas and there's a remnant in our nation and I say no Barabbas is a killer.
216. 13:52Barabbas is a murderer. No no no no I don't want Barabbas no I don't want that.
217. 13:58I don't want that. With Barabbas comes all kind of things. The forced
218. 14:03confiscation of private property. With Barabbas comes all kind of things. The
219. 14:07persecution of Jack Phillips that you can't operate your business consistent
220. 14:10with your faith. With Barabbas comes all kind of things that we have a
221. 14:13constitutional right based on the equal protection clause of the 14th
222. 14:17to castrate chemically and otherwise children in society.
223. 14:21That's what Barabbas brings.
224. 14:23And so I'm saying all of this to say,
225. 14:26with a proper diagnosis of what is at stake
226. 14:29and what is before us, we have the proper wearberthole
227. 14:32to engage rightly.
228. 14:34We are not wrestling merely against flesh and blood,
229. 14:37but this spiritual wickedness that seeks
230. 14:42the fundamental transformation of the United States of America.
231. 14:48We don't need people,
232. 14:49taking any longer to do their guns and their religion.
233. 14:53Those who place their faith in Jesus are elevated to an extraordinary position.
234. 15:04As co-heirs with Christ we share in His inheritance.
235. 15:07The Gospel is the ultimate dignity giver,
236. 15:10elevating the unworthy to unimaginable heights.
237. 15:13Our lives should reflect the dignity,
238. 15:15empowering us to extend the same grace and love to others that has been so generously given to us.
239. 15:21I'm Jordan Shambly and you can read the rest of the gospel signifies the undignified on the stand.net
240. 15:33Shiting light into the darkness. This is the Hamilton Corner an American family radio
241. 15:39Welcome back to the Hamilton Corner Abraham Hamilton the third here. I'm excited to have on the program. I believe this is the first time
242. 15:47My guest is mr. Trey Dillinger Dellinger. I'm sorry
243. 15:52Trey is a senior attorney, well experienced in the law.
244. 15:56He's the president of Dellinger Law and Policy, PLLC.
245. 16:00He's also senior legal fellow for AFA Action.
246. 16:04He served for four years as Chief of Staff for Mississippi's First Republican
247. 16:08House Speaker since Reconstruction. He was instrumental
248. 16:12in developing a plan passed by the Mississippi House of Representatives, frankly,
249. 16:16to eliminate the state income tax.
250. 16:19Lord, make it so.
251. 16:21Which led to the passage of the Mississippi Tax Freedom Act.
252. 16:26He graduated magna cum laude from the University of Mississippi earning a baccalaureate degree
253. 16:30in physics, which is certainly relevant to the conversation we're about to have today.
254. 16:33And he's also earned his Juris Doctor cum laude from the University of Mississippi School
255. 16:38of Law.
256. 16:39He and his wife have a son who is a clerk, law clerk with AFA acts in Center for Judicial
257. 16:44Renewal.
258. 16:45My guest, Trey Dellinger.
259. 16:46Thank you for joining me here on the Hamilton Corner.
260. 16:50Great to be with you, Abe.
261. 16:51Always good to get to see you.
262. 16:54Really appreciate your ministry
263. 16:55and everything you do for AFA.
264. 16:57Oh man, likewise, I feel the exact same.
265. 17:00And I feel like the Lord brought you on with us at,
266. 17:03at the proper time and his divine providence.
267. 17:06He knew exactly when we would need your wisdom
268. 17:09and your expertise.
269. 17:10And I invited you on to the program primarily
270. 17:13because there's a case that the Supreme Court
271. 17:15has granted certiorari for, which means the Supreme Court
272. 17:18has agreed to hear the case.
273. 17:19And you drafted the legal brief, the Friends of the Court
274. 17:23briefed the Amicus brief on behalf of AFA and the FA Action.
275. 17:26And I want to have a conversation about that.
276. 17:28It is a case-style United States of America, interestingly,
277. 17:32versus Jonathan Scarmetti, who is the attorney general
278. 17:35for the state of Tennessee.
279. 17:38This has to do with, and I love how you describe it,
280. 17:42assisted self-harm for minors that the state of Tennessee passed a law to try to prohibit.
281. 17:48Would you just explain a little bit of the case background and it's posture currently just
282. 17:53to bring the audience up to speed as to what's happening?
283. 17:56Sure, sure.
284. 17:58Originally the case was instituted at the district court level, the trial court level by some
285. 18:05parents of children who wanted to receive medical treatments for what we hear called gender dysphoria,
286. 18:15which essentially just is a fancy medical term that means that these kids are uncomfortable with
287. 18:22their biological birth six. And they have a, in their mind, they are a six different from their
288. 18:32actual biological sex. And unfortunately, a great many medical associations and doctors
289. 18:40have kind of played into this and have begun to prescribe medications like hormones and even
290. 18:47surgeries for these kids to actually change their normal, healthy biological sex to try
291. 18:54to change it to a different sex to match their mental state. And the Biden administration,
292. 19:01the Biden-Harris administration intervened in this case
293. 19:05because it was broader under equal protection.
294. 19:08And so now we have the United States government
295. 19:10led by the Biden-Harris administration
296. 19:14acting in the courts to try to harm children
297. 19:18with permanent mutilating surgeries and medication treatments
298. 19:23that will forever change these kids' lives.
299. 19:26And we take the position, of course,
300. 19:29that children are not mature enough to make decisions like that.
301. 19:35And the state of Tennessee passed a law that, like 25 of the states,
302. 19:44to ban such treatments and said, no, you cannot make decisions like that
303. 19:49until you're an adult, until you have the maturity.
304. 19:52And then you can look at that.
305. 19:54But we're going to ban that.
306. 19:55going to make sure that you're not harmed by a medical profession that has kind of gone off the
307. 20:01deep end. We as the legislators in the state of Tennessee are going to stand up and protect these
308. 20:07kids. And the Biden and Biden-Harris administration pushed against that and they are so captured by
309. 20:14woke ideology that they put that above the interests of children. That is remarkable. That's kind of
310. 20:22I'm an overview, but you know that I can get into the legal arguments and the reasons why
311. 20:27The petitioners thought that they had a case in front of the Supreme Court and why we think they don't yes
312. 20:32I definitely want to get into that, but I want to make sure people are tracking with what you're saying
313. 20:36So the state legislature in Tennessee made a policy decision passed by
314. 20:42The citizens of Tennessee's that duly elected representatives that we want to protect children
315. 20:49against
316. 20:51assist to self-harm.
317. 20:53You know, we have Chloe Cole, we've have scores of people who've undergone some of these transgender
318. 20:58treatments and surgeries as minors who regret it.
319. 21:01And even some of the medical associations that you mentioned, they acknowledge that, well,
320. 21:05you know, even though you have children that experience these feelings sometimes in their
321. 21:09youth, they change as they mature.
322. 21:13Yet, you have these medical associations still asserting their positions.
323. 21:17But the state of Tennessee said we want to protect children against these fleeting feelings
324. 21:21because, you know, I see those programs feelings and emotions are horrible leaders, you know,
325. 21:26they're not meant to lead us.
326. 21:27They're not meant to be generals.
327. 21:29But specifically, the United States government, the Biden-Harris administration said, no, we
328. 21:36don't want the state of Tennessee to be able to protect its own citizens.
329. 21:40We want to intervene in this case, and they specifically asserted a legal argument to
330. 21:45allow them to intervene to reverse to overturn the state of Tennessee's laws.
331. 21:51Would you just speak a little bit to that particular aspect right now, how it's such a
332. 21:57little bit of three card Monty attempting to challenge this law from Tennessee under the
333. 22:01Equal Protection Clause of the 14th Amendment?
334. 22:03Right.
335. 22:04What the Biden-Harris administration has argued in the case is that Tennessee's law and laws
336. 22:12that are similar from other states violate the projection clause of the 14th Amendment,
337. 22:17they contend for two reasons.
338. 22:19First, they contend that the law is a six base classification and of course as you know,
339. 22:26a six base classifications are considered suspect under the equal protection clause.
340. 22:34And without a very high level of justification, six base classifications usually are struck
341. 22:42down as unconstitutional. So for example, if you if the state of Mississippi, for example,
342. 22:50had a policy that it would only hire men, that would be a sex based classification that would
343. 22:56be contrary to the equal protection clause of the 14th amendment of the US Constitution,
344. 23:02it would be struck down as unconstitutional. Or if we said that, you know, we only wanted
345. 23:08to allow women to be nurses in state hospitals, that would be unconstitutional.
346. 23:14And so what they've tried to say is they've said that the Tennessee law allows hormone replacement
347. 23:23therapies for children other than children that have gender dysphoria.
348. 23:29And so they've continued that makes it a violation of equal protection as a sex based classification.
349. 23:36Now the problem with that is, yes, as we argued, it's not a sex-based classification
350. 23:43because the state of Tennessee allows hormone medications and hormone treatments for disorders
351. 23:53of normal development.
352. 23:55So for example, the most commonly cited condition is a condition called precocious puberty,
353. 24:03child starts to have puberty earlier than they should in the course of their normal development.
354. 24:08And in that case, yes, a doctor in the state of Tennessee could prescribe hormonal treatments
355. 24:14to delay the onset of puberty until its normal time. But the state of Tennessee said you cannot
356. 24:20allow that hormone treatments or delay of puberty in connection with the gender transition.
357. 24:26And our argument was that the Supreme Court has held multiple times and the
358. 24:32Sixth Circuit Court of Appeals here correctly held that it's rational for the
359. 24:39state to treat different medical treatments differently because of the
360. 24:45different nature of the treatment. The equal protection only requires the courts
361. 24:50and the states to treat like cases alike. The U.S. Supreme Court has said the
362. 24:56The equal-protation clause does not require states to treat things as equal in law when
363. 25:02they are not equal.
364. 25:04In fact, it's a different thing to be prescribed a hormone to treat a developmental abnormality.
365. 25:14It's a completely different thing to prescribe a hormone to a perfectly healthy and normal
366. 25:21child just to treat a mental disorder or a mental state. And so that was our argument that it's
367. 25:29clearly not a sex based classification. And then secondly, the Biden Harris administration argued
368. 25:37that gender dysphoric minors are a suspect class. Explain what that means. Explain what that means.
369. 25:44Yeah, I want to explain to your audience what that is. Over the course of our constitutional history,
370. 25:50the court has recognized that there are certain classes of individuals who
371. 25:57historically have been the targets of discrimination. African Americans for
372. 26:02example because of their innate birth characteristics that they didn't choose
373. 26:08they were the targets of discrimination. And one one feature of that is that those
374. 26:12characteristics are immutable. They're immutable. That's right go ahead. Yeah they
375. 26:18are they are immutable birth characteristics that do not change just like your biological
376. 26:24sex. If you're born a male, you're always a male and you don't change it. If you're
377. 26:28born a female, you're always a female and you can't change that. The only other suspect
378. 26:33class is religion, which is explicitly protected in the constitutional text. So we argued that
379. 26:40their argument had absolutely no basis in the text of the Constitution or the court's
380. 26:46because the court has never recognized a suspect class except for one that was
381. 26:53either A protected in the constitutional text which is religion or B was a immutable
382. 27:02unchangeable characteristic from birth and the children in question in this
383. 27:08case did not fit those characteristics because their issue is a subjective
384. 27:15mental state. And the Biden-Harris administration admits that people sometimes change their mind.
385. 27:22They decide that they want to have gender transition and then they change their mind.
386. 27:27So it's not an immutable characteristic like race or biological sex or national origin. That's
387. 27:33the other suspect class. So this is just a categorically different extension of the law beyond what
388. 27:41Equal protection has ever recognized. Mm-hmm. So well said now
389. 27:45Would you explain a little bit of the the posture that started at the district court level? What happened there?
390. 27:50Then as you referred to earlier went up to the Sixth Circuit what happened there and then the where we've gotten to where we are now
391. 27:56sure
392. 27:58the state of Tennessee was
393. 28:00Successful at the district court level and the Sixth Circuit Court of Appeals and an excellent judgment by the Sixth Circuit Court of Appeals
394. 28:08they ruled that the
395. 28:10Tennessee law was constitutional that it did not violate equal protection much for the same reasons that I just articulated and the
396. 28:19after that ruling the
397. 28:22Biden Harris administration and the
398. 28:25Parents and children who were the petitioners saw a petition for rid of certiorari
399. 28:30Which is they just request the US Supreme Court to take the case as most of your readers probable or listeners probably know
400. 28:37So the US Supreme Court does not take every case that's decided in the courts of appeal
401. 28:43because there are so many that there's no possible way they could do that.
402. 28:46So little gets have to ask the US Supreme Court to take the case, which is what we call
403. 28:52a petition for rid of certiorari.
404. 28:55And then if the Supreme Court agrees to take the case, they issue a rid of certiorari and
405. 28:59take up the case, which they did.
406. 29:01So now the cases before the court for briefing, both parties have briefed the case and Amiki
407. 29:09friends of the court are now filing their briefs as we did with AFA.
408. 29:13Yes.
409. 29:14And we were joined, I'm proud to say we were joined with, by lawmakers from 23 states that
410. 29:19passed gender transition bans.
411. 29:22So this is a movement that is not just AFA or AFA action.
412. 29:27lawmakers from West Virginia to Utah are supporting our efforts in the case to try
413. 29:34to protect children? Yes and I wanted I wanted the people to understand this
414. 29:37because again the state of Tennessee passed a law to protect its minor citizens.
415. 29:42The district court the federal district court agreed with the state of Tennessee
416. 29:47in its capacity to protect its minor citizens. The Sixth Circuit Court of Appeals
417. 29:53agreed with Tennessee's efforts to protect its minor citizens.
418. 29:58And still the Biden-Harris-Harris-Biden administration
419. 30:02and said, no, we're gonna continue to fight for this.
420. 30:06And we're gonna wanna take this fight all the way up
421. 30:08to the United States Supreme Court.
422. 30:11And what folks understand what's happening,
423. 30:13they're so committed to their thwarted
424. 30:15and warped view of mankind
425. 30:18to where they're willing to fight this all the way up
426. 30:20to the US Supreme Court.
427. 30:22Now, this is a case you mentioned that there are 23 other states and they're listed in the
428. 30:26brief and I'll tick them off in a moment.
429. 30:30This is a case that would originate from Tennessee's legislature's actions.
430. 30:35It has outsized implications for the entire nation.
431. 30:37Would you just explain briefly about that in about maybe 45 seconds or so?
432. 30:42Sure.
433. 30:43If the Tennessee law were to be declared unconstitutional, that would raise serious questions about whether
434. 30:51the laws that were passed in the 24 other states were also constitutional. And so it's
435. 30:57in the interest of Americans everywhere across the country to pay attention to this case and
436. 31:03to hope and pray that the Supreme Court upholds the Tennessee law because as we saw from the
437. 31:09Obergefell case, these decisions can not only change the law, they can change the entire
438. 31:14culture.
439. 31:15Absolutely. And I think it's right to point out here. And I remember that I've told my
440. 31:20Our listeners and our viewers here this before, I remember testifying in favor of Louisiana's
441. 31:27efforts to protect marriage between the exclusive union of one man and one woman and being mocked
442. 31:32by others when I said that when you open the door to same sex marriage, you are opening it to
443. 31:38everything else. And in less than a decade, we've gone from the Obergefell decision in 2015 to now,
444. 31:44you literally have the United States government fighting for the right for
445. 31:49children to mutilate their bodies and to have chemical castration with the
446. 31:54assistance of medical professionals. Guys, this is a big deal and I know it's hard
447. 32:01sometimes you can get bogged down in the legalese but you know we try to
448. 32:05interpret legalese on this show and to help you to understand what is actually
449. 32:08at stake and why you should be aware of this because as I said in the first
450. 32:12segment, this is a clash of worldviews and these are the types of things that happen when
451. 32:18we have a society that turns away from the Lord.
452. 32:29Let's think about what God has done.
453. 32:31I would wager that his top news story is still that the free salvation to the blood of Jesus
454. 32:36Christ is available to all.
455. 32:39I wager that would be the top news story until that salvation is no longer available.
456. 32:43You will have made your decision for eternity.
457. 32:46He doesn't ask us to do anything he wants, and then he does above what we can possibly
458. 32:51do.
459. 32:52Here Todd Herman on a Disciples View, weekdays 12PM Central on AFR.
460. 33:04The Hamilton Quarter Podcast and One-Minute Commentaries are available at AFR.net.
461. 33:10Back to the Hamilton Quarter on American Family Radio.
462. 33:14Welcome back to the Hamilton Corner, Abraham Hamilton III here.
463. 33:17My guest is Trade Delinger, president of Delager Law and Policy and senior legal fellow for
464. 33:23AFA Action.
465. 33:24We are having a conversation about the SCER-METI case named after the Attorney General from the
466. 33:29state of Tennessee where the issue before the country is whether or not states will be able
467. 33:35to continue to protect their minor citizens from medically assisted self-harm.
468. 33:40That's the bottom line.
469. 33:42Tennessee has decided to protect its minors from it.
470. 33:45It will not allow minors to undergo genital mutilation
471. 33:49treat surgeries.
472. 33:50It won't allow them to undergo chemical castration
473. 33:52under the guise of medical treatment.
474. 33:54And so the question before the US Supreme Court,
475. 33:57as a result of the Biden-Harris administration,
476. 34:00intervening to try to thwart the will of the people
477. 34:04through their elected representatives in Tennessee,
478. 34:07which is downstream implications for the rest of the nation.
479. 34:10And so Trey filed a friend of the court brief,
480. 34:14and Amicus brief on behalf of AFA and AFI Action.
481. 34:17We were joined in that brief by 23 states
482. 34:20in addition to Tennessee who's already a party
483. 34:24to the case itself.
484. 34:25And so we're having a conversation about that.
485. 34:27Now, the brief after it was filed came to the attention
486. 34:31of the typical regressives.
487. 34:34And among the numerous legal citations
488. 34:37and citations to authority,
489. 34:39legal authority that you made in the brief,
490. 34:41You also included references to 11 Bible verses, 11 sources of scripture as authoritative in
491. 34:48the text.
492. 34:49And the Huffington Post was upset about that.
493. 34:52They literally, literally have an article as available.
494. 34:55It literally says it's conservative lawmakers repeatedly cite the Bible and Supreme Court
495. 34:59filing and they begin their piece by saying, quote, a group of religious conservatives listed
496. 35:04nearly a dozen Bible passages in an Amicus brief filed with the Supreme Court regarding a case
497. 35:10about gender affirming healthcare bans.
498. 35:14When you saw this trade,
499. 35:16what was your reaction to the Huffington Post's seeming,
500. 35:21I guess, shocked, and then condemnation
501. 35:25of the Bible referred to as a source of authority,
502. 35:27as it applies to humankind, anatomy, biology,
503. 35:32and how we should care for minors in our nation?
504. 35:35Well, my reaction was that it's very typical.
505. 35:38It's very typical of the arguments
506. 35:40that you hear coming out of the left and those that are really behind the facade of
507. 35:45the Biden-Harris administration. You know that administration and their current candidate
508. 35:50for the presidency, they'd like to put a lot of moderate rhetoric out there, but people
509. 35:57should pay attention not to what they say on the campaign trail, but to what they actually
510. 36:01do, particularly in the courts. And the Bible teaches that by their fruit show you know
511. 36:06them in their hand in this case, their position in this case. They weren't shy about it. They
512. 36:16have a worldview that is fundamentally at odds with the biblical worldview. And I thought
513. 36:24it was important to put that before the corpse. Of course, we don't have an established church
514. 36:30in the United States. We do have freedom of religion and we don't have an established
515. 36:34Church. But I put that before the court for this reason. One, to establish our
516. 36:39interest as an amethyst as a friend of the court. But secondly, the US Supreme Court
517. 36:45typically does not recognize fundamental constitutional rights unless they are
518. 36:52deeply rooted in the history and traditions of the country. And you cannot
519. 36:56understand the deeply rooted history and traditions of the country without
520. 37:01understanding its biblical roots. And I cited those Bible verses because the Bible
521. 37:07teaches over and over that we are not to we as Christians and we as believers
522. 37:12are not to put our own ego at the center of everything. We are to put God's will
523. 37:19superior to our own. We are not supposed to let our bodily appetites or our
524. 37:26passions define us. We are supposed to exercise self-control. The Bible says that
525. 37:33Christ has crucified the flesh with its passions. That is a, and you know the
526. 37:41Bible teaches that the fruit of the Spirit is peace, gentleness, self-control.
527. 37:47Valuing self-control was something that the founders thought was absolutely
528. 37:54essential to have a free society and not have a free society without a virtuous, moral
529. 38:01people who are grounded in self-control and obedience to a larger good outside of themselves.
530. 38:09If you have every person believing that their own subjective mental state, what they think
531. 38:16in their mind is the standard of right and wrong, you cannot have an organized, civilized,
532. 38:22society on that basis. And so I pointed out in the brief that that biblical worldview,
533. 38:29which was also consistent with classical civilization, classical thinkers like Aristotle and Cicero,
534. 38:38influenced the founders and they understood that self-control was necessary and obedience
535. 38:44to an objective good was necessary for a free society. On the other hand, the modern or post-modern
536. 38:51left typified by the Biden-Harris administration in this case. They don't believe that we have a soul
537. 38:58or that we have free will. They believe that we're just a collection of cells responding to stimuli.
538. 39:07If you look at the, if you do a deep dive and look into the foundations of the belief systems of
539. 39:15of these psychological and medical associations
540. 39:18that are supporting the Biden-Harris administration
541. 39:21position, what you find is that their views
542. 39:25are completely antithetical to the biblical worldview.
543. 39:30They don't believe in right and wrong.
544. 39:32They don't believe in personal responsibility or free will.
545. 39:35If you're just a collection of sales
546. 39:37that responds to stimuli, you don't have free will.
547. 39:42And there cannot be a right and wrong in any universe
548. 39:45that's based on that belief system,
549. 39:47because if you don't have free will,
550. 39:49you can't be responsible for what you do.
551. 39:52And so it's that worldview that is kind of the foundation
552. 39:55for their belief system that if you feel like
553. 40:02you are a sex different than what your body is,
554. 40:07then that's not wrong in their view.
555. 40:11It's not even a disorder or a mental disease
556. 40:13in their worldview.
557. 40:15It's just a difference.
558. 40:16And so they kind of accept all points of view
559. 40:21because there's no right and wrong in their view
560. 40:23and everybody can just do what feels good to them.
561. 40:27And my point in the brief was the US Supreme Court
562. 40:31has never accepted that as the basis for any ruling.
563. 40:35That is completely antithetical
564. 40:37to our deeply rooted constitutional traditions.
565. 40:40If we begin to recognize fundamental constitutional rights,
566. 40:44and we create suspect classes who have special rights,
567. 40:48just on the basis of people's subjective beliefs,
568. 40:51then that means however I roll out a bit
569. 40:53of the morning feeling gives me special legal rights.
570. 40:57And that will have devastating implications
571. 41:00for the rule of law.
572. 41:01You can't have an organized society ruled
573. 41:04by the rule of law where every person does
574. 41:07what is right is on eyes.
575. 41:08is the, as the Justice Alito said and the Dobs opinion that overturn Roe v. Wade, people
576. 41:14can think whatever they want, but they can't do whatever they want.
577. 41:17Absolutely right.
578. 41:18And the US Supreme Court ever recognizes that people have a constitutional right to just do
579. 41:22whatever they want based on their subjective mental state.
580. 41:26And that will be the end of the rule of law as we have known it in the country.
581. 41:30So well said, so well said.
582. 41:32And you make a potent case in the brief about not just liberty, but ordered liberty.
583. 41:37And so I've been describing that what we're facing is a clash of worldviews.
584. 41:43So how would you balance what you literally just described?
585. 41:46The people cannot do whatever they want to do.
586. 41:50How do you balance that with the notion that we are a free people in the United States of
587. 41:55America?
588. 41:56Right.
589. 41:57Well, John Locke said that liberty was not a right for every person to do whatever he
590. 42:05would list, but it was a right to follow the standing law passed according to the legitimate
591. 42:13constitution of the nation. Liberty has never been properly construed as just a right for
592. 42:20every person to do whatever they wanted to do. That's not liberty, that is license. And
593. 42:24in fact, that's the end of liberty. That's the enemy of liberty.
594. 42:27License being the root word of licentiousness.
595. 42:30Exactly, exactly. And that is, you know, that makes me think of one of my, probably my favorite quote in the history of constitutional law was a quote in the
596. 42:41sin in the case of terminal versus Chicago by Chief Justice Robert Jackson, who had recently
597. 42:50before this, not long before this case had been the chief prosecutor of the Nuremberg
598. 42:55trials in Germany that prosecuted the Nazis for their war crimes.
599. 43:00He understood what happens to a society when a society completely loses an objective sense
600. 43:06of right and wrong. And he said in that case, Terminal over Chicago, that the choice is not
601. 43:12between liberty and or the choice is between liberty with order and anarchy without either.
602. 43:20Amen. And if we go down the road of allowing people's subjective states of mind to make them
603. 43:26a law unto themselves, then we will not only have a disorderly society will have lost liberty
604. 43:31along with it. And this this should not be strange to handle the corner listeners because
605. 43:36because I've explained before when you have works
606. 43:40like Solomon's, he's rules, for radicals.
607. 43:42I've explained to you guys the way to the poor,
608. 43:44the cloud-pivin strategy, how people who are interested
609. 43:48in an upheaval of society that they actually use chaos
610. 43:52as a mechanism.
611. 43:53They want to engender confusion.
612. 43:55They want to utilize that chaos as a mechanism
613. 43:59to overthrow ordered liberty.
614. 44:02I've explained to you guys before, Antonio Gramsci
615. 44:04in his prison notebooks is the Italian Marxist,
616. 44:09his effort to establish a long march through the institutions
617. 44:13was because of the frustration with the utilization
618. 44:15of force to compel an embrace of Marxism.
619. 44:18He recommended a long march through the institutions
620. 44:22that you would have a revolution by evolution.
621. 44:25He opined that in order to overthrow any society
622. 44:29that is rooted in a Christian ethos,
623. 44:32it must be severed at its root.
624. 44:34must be severed at its root.
625. 44:35So when you have this notion as a general construct,
626. 44:40and then you literally see before your very eyes,
627. 44:42what Trey is explaining to you right now,
628. 44:44what I'm explaining to you right now,
629. 44:45is you have a state that has decided
630. 44:47to protect its minors, its children, its children,
631. 44:52from the temptation to have a lack of self-control.
632. 44:56Literally.
633. 44:57And you have the United States government under Biden
634. 45:02Harris to say no, states, we don't want you to protect your children against the fickle notions
635. 45:10of dysphoric ideations. We want them to be able to have life permanent, life altering intervention
636. 45:18in their physical and mental and I would add spiritual and emotional development.
637. 45:23Guys, that is, that is diabolical. That is diabolical. And what the state of Tennessee has said,
638. 45:30simply is that if you want to do that when you become an adult, that's your thing.
639. 45:35But while you're a child, you cannot do that. And to have a government that'll say,
640. 45:40no, children need to be able to do that. That, guys, that's evil. I'm sorry. That is evil.
641. 45:47And we need to be aware of that. So when we're having this conversation,
642. 45:51training you articulated so beautifully about the necessity of ordered liberty,
643. 45:56what comes to my mind immediately is what the Lord said.
644. 45:59You know, in the last days, it would be as it was
645. 46:01in the days of Noah, every man doing what's right
646. 46:03in his own eyes.
647. 46:05People need to be aware that that literally is what is
648. 46:08on the table, even as we're facing this current election season,
649. 46:13that it is a civilizational worldview class
650. 46:16where it's a biblical understanding of life and humanity
651. 46:19versus an ungodly dare I say, anti-Christ,
652. 46:22understanding of life and humanity.
653. 46:24Yeah, the question is, is that's at stake in this case, and I might say in the election that we have upcoming is whether we're going to live in a nation of ordered liberty in which the laws apply equally to everybody.
654. 46:38Or we're going to have a nation in which every person is a law unto themselves and the law has to treat each person differently rather than equally but differently based on their individual list of characteristics or what they believe they're.
655. 46:54their history and their trauma and their different,
656. 46:57how they rank on the victim hierarchy or what tribe they belong to.
657. 47:01Not only, as I said in the brief, not only is that not equal protection of the law,
658. 47:06it's the exact opposite of equal protection law where everybody has different rights
659. 47:10based on all these irrelevant characteristics. The law should view everybody equally.
660. 47:15The law treats, the law deals with what people do,
661. 47:19not what people are.
662. 47:21and you don't get any exemption to the law based on your,
663. 47:26just your frame of mind.
664. 47:28Everybody has to follow the same law.
665. 47:30So well said, Trey, how can people keep up with you
666. 47:33and the work that you're doing with AFA action
667. 47:37and also to follow this case?
668. 47:39Yes, obviously just follow your program.
669. 47:43For one thing, I know you'll keep listeners informed
670. 47:47and listen to the Corps or the Walker-Wahman.
671. 47:49He usually gives us a shout out
672. 47:51and follow the AFA Action Alerts,
673. 47:53go on to AFA Actions website and sign up for our alerts
674. 47:57that can keep people well informed
675. 47:58about what we got going on.
676. 48:00Thank you so much for joining me today on the program folks.
677. 48:03Share this show, let your friends and loved ones know
678. 48:05that this is what is on the table.
679. 48:07What type of civilization will we be?
680. 48:10I will end the way I started the program
681. 48:12on Isaiah chapter one.
682. 48:13Listen to heavens and hero words for the Lord speaks.
683. 48:16Sons have I read and brought up,
684. 48:17but they have revolted against me.
685. 48:19An ox knows its owner and a donkey its master's manger, but Israel does not know my people.
686. 48:25Do not understand.
687. 48:26The greatest and most enduring need in the United States of America is repentance.
688. 48:31May the Lord be ever so merciful to grace us with repentance.
689. 48:34Y'all have a good one.
690. 48:39The views and opinions expressed in this broadcast may not necessarily reflect those of the American
691. 48:44Family Association or American Family Radio.