Several sitting U.S. Supreme Court Justices demonstrated “thinking futility.”

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. 0:00Darkness is not an affirmative force.
2. 0:03It simply reoccupies the space vacated by the light.
3. 0:07This is the Hamilton Corner on American Family Radio.
4. 0:11It should be uncomfortable for a believer to live as a hypocrite.
5. 0:15Delivering people out of the bondage of mainstream media.
6. 0:18And the philosophies of this world.
7. 0:20God has called you and me to be His ambassador.
8. 0:24Even in this dark moment.
9. 0:26Let's not miss our moment.
10. 0:29And now, the Hamilton Corner.
11. 0:31Good evening, everybody.
12. 0:36Welcome to the Hamilton Corner here on American Family Radio.
13. 0:40I'm your host, Abraham Hamilton III, joined by the Corner Contingent.
14. 0:46Right across from me, my man, 100 grand, Mr. Bobby, Rosa.
15. 0:50And in the screening room,
16. 0:55we have produced extraordinaire often imitated, never duplicated the real J. Mac.
17. 1:00And we are ready to rock and roll with today's edition of the program.
18. 1:08Like many people across our country, I spent the morning listening to oral arguments in
19. 1:16the Scirmetti case, and as I'm listening to, we could only be described as tripe in
20. 1:29in the legal ease. I could think of nothing other than Romans chapter one.
21. 1:37Merle says she made an aspirin. You made an aspirin. Oh my goodness, guys. Today was just
22. 1:53another demonstration of what I've been saying for quite some time. God has granted us a reprieve,
23. 1:59but we should not misunderstand the reprieve. I'll get into it. I have a few clips and have
24. 2:07More quotations for you from transcript for the oral arguments.
25. 2:12But guys, we are in a precarious spot as a nation.
26. 2:14But before I get into that, I want to remind you, right now, as many of you are making your
27. 2:21transition from your part-time jobs where you generate an income to your full-time jobs where
28. 2:25you cultivate an outcome, I want to remind you to make your transition with intentionality.
29. 2:30Intentionality.
30. 2:34That's why Pamela says more like I need to go get my prayer closet.
31. 2:38Yes.
32. 2:39You and me both.
33. 2:42I'm going to hit my face when I leave the studio tonight.
34. 2:49It is in dispensably necessary for us to understand the significance of what we have
35. 2:54the privilege to do through our homes, in dispensably necessary.
36. 3:00When I say darkness is not an affirmative force and merely reoccupies the space
37. 3:03vacated by the light, much of what has befallen our country in terms of ideology
38. 3:09in worldview formation and make no mistake about it.
39. 3:13If we are not intentional about embracing a biblical worldview, if we are not intentional in
40. 3:21communicating and cultivating a biblical worldview in those who are under our tutelage or within
41. 3:28our jurisdiction, within our spheres of influence, a worldview will be formed, but it will be
42. 3:34one that rivals God's holy word.
43. 3:40There is no middle ground folks.
44. 3:42There are lots of things that we can say,
45. 3:43where hey, this is nuanced and there are various factors
46. 3:47we need to take into consideration.
47. 3:51There is no middle ground
48. 3:52between a biblical worldview and an anti-biblical worldview.
49. 3:57There is no middle ground between understanding
50. 4:01the heart is desperately wicked
51. 4:04and man is inherently good.
52. 4:06There is no middle ground
53. 4:08between humble submission to the authority of God
54. 4:10transcendent objective, arbiter, conveyer, and establish sure of truth and man's capacity
55. 4:20to edit, reject what God has established. There is no more to ground between those. To say it in a
56. 4:31more succinct manner, it is either God's word or man's word. It ain't nothing in between.
57. 4:38Whenever you take God's word, put a little bit of man's word mixed in between and held to,
58. 4:41hold to it as authoritative. You have just transformed, transformed God's word into something other than
59. 4:46than what it is. There's a reason why our society likes to discuss God as love and ignore the
60. 4:58fact that God is also the righteous judge. He is indeed merciful while also he is severe.
61. 5:13To the word of God we go and I want to go here because God has already given us the structure
62. 5:24as to what we're witnessing. We might not have recognized how this structure would play out
63. 5:29in our day would manifest in our day.
64. 5:31But God has already told us what is coming.
65. 5:33Romans chapter 1 verse 18, I'm going to read 2 verse 23.
66. 5:39For the wrath of God is revealed from heaven against all ungodliness and unrighteousness
67. 5:49of men.
68. 5:52Who, by their unrighteousness, suppress the truth for what can be known about God as
69. 6:01plain to them because God has shown it to them, for his invisible attributes, namely, his eternal
70. 6:12power and divine nature, have been clearly perceived ever since the creation of the world,
71. 6:23in the things that have been made, so they, mankind, are without excuse.
72. 6:32For although they knew God, they did not honor Him as God or give thanks to Him, but became
73. 6:42futile in their thinking.
74. 6:46And their foolish hearts were darkened, claiming to be wise.
75. 6:54They became fools, and exchanged the glory of the immortal God for images resembling mortal
76. 7:02man and birds and animals and creeping things. The Lord has already told us that his case against
77. 7:23mankind is not because mankind is ignorant of truth. I want to be clear about that. And
78. 7:31not just because I want to be clear about that. God is clear about that in his word. When I
79. 7:37What I just read to you is not my opinion.
80. 7:41This is not the product of some think tank that is produced white papers that has received
81. 7:48money to rent a high profile building on K Street in Washington, D.C.
82. 7:55This is the word of the eternal King of Kings and Lord of Lords.
83. 8:05It is not as if men are void of the truth, deprived of access to the truth.
84. 8:13is because men actively suppress.
85. 8:18There is an active agitation in rebellion against the truth, and men dull their consciences,
86. 8:26blunt their spiritual senses, and deny the truth through consistent, repetitive, performative
87. 8:33sinfulness in rebellion against what the inner man would cry out.
88. 8:41No, this is wrong.
89. 8:46Men lessen their inclination towards conscience,
90. 8:51towards a sensitivity to the Holy Spirit doing his job,
91. 8:54which God told us one of the things
92. 8:56that Holy Spirit would do was convict men of sin.
93. 9:01What mankind does is attempt to short circuit
94. 9:05or to blunt that conviction by repeatedly engaging in it.
95. 9:10This is why, brothers and sisters,
96. 9:14sinful man is never satisfied in a sin.
97. 9:19You start off at point one and you end up point one thousand down the way if there is no repentance.
98. 9:29Then God articulated for us what the consequences of this would be.
99. 9:38I mean he explains his invisible attributes, they're on display.
100. 9:42His eternal power and divine nature, they're on display.
101. 9:45And they have been on display since let there be light, since in the beginning.
102. 9:53One of the most profound texts in scripture is in the beginning God because you know what
103. 9:58it means before there was a beginning there was God.
104. 10:05But the scripture reveals that mankind is without excuse why?
105. 10:11Because though they have this tangible evidence on display, they refuse to embrace it, refuse
106. 10:19to honor them as God.
107. 10:20That's why you see this concerted effort to offer humanistic explanations for divine revelation.
108. 10:29You had people who, because they can't figure out pyramids, they're more willing to say aliens
109. 10:34did it than to say that God produced a people with a wisdom and an understanding of the sciences
110. 10:40and of mathematics and of architecture where they can construct something that people today
111. 10:44can't replicate.
112. 10:45No, that conclusion is, no, those old people all have to be dumb, the end is all, and we
113. 10:51are the, the aerodyte elevated, the, illuminant ones.
114. 10:55That's just foolishness.
115. 10:56When you have tangible evidence, something as simple as the existence of pyramids that
116. 11:01confound us.
117. 11:02He told us he would use the foolish things of this world to confound the wise.
118. 11:11So the consequences for refusing to acknowledge God as God, that's what the scripture says.
119. 11:16Not some dumb down humanistic, you know, feminized notion of a God who just passively accepts
120. 11:24whatever I want to do and present that as if it's love.
121. 11:27No, no, no, no, but refusing to acknowledge God as God,
122. 11:32who is the one who created everything we see,
123. 11:34who owns it all about creation rights,
124. 11:36who's set it in order and requires us to be obese
125. 11:40into his establishment.
126. 11:43The refusal to do that, the Lord tells us
127. 11:46the consequences are because we haven't done that.
128. 11:49And because we weren't, aren't thankful,
129. 11:53what's one of the most immediate consequences?
130. 11:55They became futile in their thinking.
131. 12:01futility in the reasoning capacity cannot comprehend simple concepts.
132. 12:09I've expressed on this program before when you harken in times past you find enduring discoveries
133. 12:16that have been made many of them have been made by people who subjected and submitted themselves
134. 12:20with biblical worldview. But the further mankind has drifted away from a reverence for God, a respect
135. 12:29Forgot an honoring of him and a worship of him with thankfulness toward him.
136. 12:35It's not surprising. Man, we don't have as many inventions enduring creativity.
137. 12:44Huh, guys, that is not just a coincidence of modernity. It's not. It is evidence of the Romans
138. 12:54one judgment of withdrawal. They became futile in their thinking and their foolish hearts were darkened.
139. 13:03claiming to be wise. I have this degree. I have that degree. I've written here. I've
140. 13:11looked at how I'm regarded in public. Look at all these people who, man, that don't
141. 13:16mean anything, claiming to be wise. They became fools and exchanged the glory of
142. 13:24the immortal God. I want you to notice this. The beginning of the downgrade in
143. 13:30worship. No, we weren't worship God, but the thing about mankind because God has
144. 13:33hardwired us for worship, we will worship something.
145. 13:38And guess what the first thing is that the scripture tells us
146. 13:40that mankind will worship and exchange the glory
147. 13:44of the immortal God for images resembling mortal man.
148. 13:49Before you ever get to anything else,
149. 13:50the first thing that the Lord told us
150. 13:52that man would exchange because mankind
151. 13:55and his rebellion refuses to worship,
152. 13:57the king of kings and the Lord of lords,
153. 13:58the first thing that he seeks to replace
154. 14:00with a worshipful devotion is himself.
155. 14:05Rebellious man cannot see, refuses to acknowledge the Lord because we are consumed with man.
156. 14:13The next components are obvious.
157. 14:17Images of mortal man and birds and animals and creeping things.
158. 14:25The tree huggers and the...
159. 14:28You can't step on the turtle legs, we can kill babies left and right, but don't step on
160. 14:31these turtle legs because creation is sacred.
161. 14:35Guys, it is Romans 1 playing out before us.
162. 14:38Today was a day where this futility and thinking in the highest court of our land was on display.
163. 14:47Where basic simple concepts seem too lofty.
164. 14:50Well, lifetime tenure justices to grasp because Romans 1 is in effect.
165. 15:01Ever wish your daughter would knock off all the chatter, chatter, chatter, and quit all the
166. 15:06silly, dramatic girl talk?
167. 15:08Hi, I'm Mark Gregston with Parenting Today's Teens.
168. 15:12If your daughter is a drama queen, let me challenge you to do something counterintuitive.
169. 15:17Stop, listen, and be grateful that she's sharing with you.
170. 15:21Listening to your teen can go a long way in developing a strong relationship.
171. 15:26If your teen becomes a little annoying when she shares openly with you and you miss it by
172. 15:31checking your email or zoning out, your teen may quit sharing altogether.
173. 15:36Be thankful your daughter is spilling her thoughts with you.
174. 15:40to build trust with her.
175. 15:42Don't miss out.
176. 15:43So Mom, Dad, hang in there.
177. 15:46Your drama queen needs you to listen.
178. 15:48Want to hear Mark in person?
179. 15:50For a list of upcoming events, go to parodingstines.org.
180. 15:54That's parodingstines.org.
181. 16:05Shiting light into the darkness,
182. 16:07this is the Hamilton Corner, an American family radio.
183. 16:12Welcome back to the Hamilton Corner, Abraham Hamilton III.
184. 16:16I want to ask you to stick with me through this program because I tuned into the entirety of
185. 16:24the oral argument today in the Scrametti case, which was the case that derives from Tennessee
186. 16:33passing a law Senate bill one.
187. 16:34I described it yesterday, but I want to give you the specific of what the law does.
188. 16:44Senate bill one, Tennessee Senate bill one bans medical procedures on minors for the purpose
189. 16:50of enabling a minor to identify with or live as a purported identity inconsistent with the
190. 16:58minor sex or treating purported discomfort or distress from a discordance between the
191. 17:04minor sex and asserted identity.
192. 17:07We're talking about children, guys.
193. 17:11Children.
194. 17:14The state began in Tennessee as I explained, went through the federal court process, the
195. 17:17district court in Tennessee, to the appellate court, the Sixth Circuit, the U.S. Circuit Court
196. 17:22of appeals with a Sixth Circuit upheld Tennessee's law, simply saying that it wasn't a discriminatory
197. 17:29law and that the state has a vital, compelling, and necessary interest in protecting its minor
198. 17:35from the irrevocable damage that is would be, could be done from these procedures and
199. 17:44medications and hormone treatment.
200. 17:49Interestingly, the ACLU on behalf of some parents and the United States Department of Justice intervened
201. 18:00into the case and appealed the case to the U.S. Supreme Court, which brought us to today's
202. 18:04oral argument.
203. 18:06I want to set the scene for you because you have two sides in the case.
204. 18:09You have the petitioners, meaning the ones who are appealing the lower court ruling.
205. 18:13That would be the ACLU and the Department of Justice.
206. 18:16And you have the respondents.
207. 18:17That would be the state of Tennessee.
208. 18:20As I explained yesterday, there were legislators from over 20 states who signed on to a F A's
209. 18:26brief, Amicus brief in this case, a friend of the court brief in this case, because they
210. 18:30have laws that will be impacted by this ruling.
211. 18:33Basically this case is going to determine whether or not states have the authority to
212. 18:38protect their minors from what we described as medically assisted self harm.
213. 18:43All right.
214. 18:45The two sides were represented in this case by the United States solicitor general Elizabeth
215. 18:49It's a prelager, all right.
216. 18:52And the ACLU's lawyer who goes by the name of Chase Strangio.
217. 18:56Now, Trey Strangio is a woman, okay,
218. 18:59who's identifying herself as a man.
219. 19:02You're gonna hear, yeah, oh yeah, did you know that?
220. 19:04Strangio is a derivative of the word strange.
221. 19:08Oh, I'm not getting involved.
222. 19:09I was like, what?
223. 19:10Oh yeah, I'm gonna play some audio for you later
224. 19:12when you hear, you're gonna say, wait a minute.
225. 19:16That's some woman talking,
226. 19:19but she'd be in the dress that's Mr.
227. 19:21Now I want to be clear about something, advocates in the case get to determine what honorific
228. 19:27the court will call them by.
229. 19:28So I don't want anybody to think that the justices are coming to wokism by calling Chase
230. 19:37Strangio, Mr. But I do want you to know, there was one justice in particular who I never
231. 19:41heard say the word Mr. One time to Strangio, that would be Justice Clarence Thomas.
232. 19:47Just take that and do what you will with that.
233. 19:51I will say from a technical legal standpoint,
234. 19:53all of the attorneys did a decent job
235. 19:56articulating their positions.
236. 19:59You can see why Elizabeth Preliger
237. 20:01is the United States solicitor general,
238. 20:03but she's just wrong, flat wrong.
239. 20:06Which is why I say all the time,
240. 20:08we should never confuse hardware with software.
241. 20:12You know, you could have a great computer,
242. 20:13but it depends on what you load it with.
243. 20:16It's determined how it will function.
244. 20:19And communication capacity,
245. 20:23ability to digest information to never be construed or
246. 20:26conflated with wisdom, because it's not the same.
247. 20:31The petitioners in oral arguments, because they are the ones asking the court for the appeal
248. 20:36of the ones who get to go first, they also have the privilege of rebutting the arguments
249. 20:42made by the respondents, which is what happened this case.
250. 20:44Elizabeth Preleger began for the petitioners.
251. 20:48and Chase Strangio argued, then Tennessee,
252. 20:52Solicitor General, Solicitor General Matt Rice argued,
253. 20:55and then Elizabeth Preliger was given a brief opportunity
254. 20:58for rebuttal into the weeds we go.
255. 21:11One of the first things I wanna say substantively,
256. 21:14in addition to what I've already said,
257. 21:23the case was a Tennessee case.
258. 21:26The Department of Justice is the ones who intervened
259. 21:28and added the 14th Amendment argument,
260. 21:31and I wanna explain why the 14th Amendment argument
261. 21:33was included.
262. 21:35because usually cases that do not involve, for example,
263. 21:39protected class groups, all right?
264. 21:44The 1964 Civil Rights Act prohibits discrimination
265. 21:48on several bases, among them include skin color,
266. 21:53includes sex, and includes nation of origin,
267. 21:57disability things of that nature, all right?
268. 22:00Protected class status has been afforded
269. 22:03these few groups of American citizens based on several characteristics that include things
270. 22:09like history of discriminatory treatment. You can think about more melanated peoples. First
271. 22:16of all, doing slavery and then doing the Jim Crow era. You know, you can think about the
272. 22:22push for women's suffrage, you know, things of that nature. Some of the other factors include
273. 22:29The reality that the protected class characteristics
274. 22:33are immediately, immediately,
275. 22:36and readily discernible upon presentation.
276. 22:39I walk into your house, your business, your church,
277. 22:42wherever everybody in the mama will know
278. 22:45that I'm blessed to be a more melanated man.
279. 22:48All right?
280. 22:49It's readily discernible.
281. 22:51It is an obvious phenomenon.
282. 22:54Additionally, protected class groups have demonstrated
283. 22:57a history of fiscal disparity and disenfranchisement
284. 23:02and political disenfranchisement, all right?
285. 23:06And then here's one of the major features
286. 23:08of protected class status characteristics,
287. 23:10is that they are immutable.
288. 23:13They can't change and that one should really jump out
289. 23:15because how do you create a legal framework
290. 23:19to protect a group of people from something
291. 23:21that buys very nature is transient?
292. 23:28My name is Abe today, my name is Bob tomorrow.
293. 23:32You cannot have a legal framework to protect something that is transient.
294. 23:36The immutability phenomenon played a heavy role in the case today.
295. 23:43That being said, the advocates, or should I say the petitioners in this case,
296. 23:50the ones who want to see Tennessee's law and all other laws struck down,
297. 23:54they worked overtime to get the court to embrace.
298. 23:58It's amazing to see how the questions go forth because you can clearly see the judges,
299. 24:02the justices attempting to persuade one another.
300. 24:04You know, they're using the attorney's arguments
301. 24:06to try to appeal to each other on the bench
302. 24:08because they have a general idea
303. 24:09of where their fellow bench mates stand on the issue.
304. 24:18The petition has worked over time to present this case
305. 24:21as if it was a case concerning protected class status.
306. 24:26They attempted to argue that Tennessee's law
307. 24:28should be struck down because it is a sex-based
308. 24:34discriminatory law.
309. 24:36That's something you're like, what, how is that the case?
310. 24:39Before I explain how, I want to explain why they're attempting to argue that.
311. 24:43If there are cases that come before the court and it does, they do not involve protected class
312. 24:49status, generally speaking, when a state law is involved, that state law will be subjected
313. 24:54to what's called rational basis analysis.
314. 24:57That's a lower level of scrutiny by the court.
315. 25:00All right.
316. 25:01your presumptions and those notions is that the state laws will be upheld as long as the
317. 25:08state can establish that it has a rational basis for the law. All right. Cases where state laws
318. 25:17impinge upon protected characteristic groups, those laws are not reviewed based on a rational
319. 25:25basis. They're reviewed according to a heightened scrutiny to make it simple rational basis laws
320. 25:32are upheld far more readily by the court than cases where strict or heightened scrutiny
321. 25:39is applied.
322. 25:40The reason why the petitionists want to apply heightened scrutiny because it increases the
323. 25:44chances that Tennessee's laws and any other laws like it will be struck down.
324. 25:48All right, is everybody with me on that?
325. 25:49All right.
326. 25:50So that's why they're doing that.
327. 25:52So you if you listen to the argument, you heard a lot of conversations about protected
328. 25:55class status, sex based discrimination.
329. 25:58Now here's the rub folks.
330. 26:00The petitioners are literally,
331. 26:01and this is the Herculean Jedi mind-treat
332. 26:04that is going on.
333. 26:06This is the Jedi mind-treat that is going on.
334. 26:08The petitioners are attempting to argue,
335. 26:10you see, Tennessee is making the discriminatory law.
336. 26:16And that discrimination is based on a protected class category.
337. 26:20That category is sex.
338. 26:23And you know why it's protected class category?
339. 26:25Because their law are not treating people
340. 26:30in the same sex the same.
341. 26:31Now, here's the Jedi mind-treat.
342. 26:34Because people who are transgender, children who are transgender shouldn't be treating any
343. 26:39differently than children that's not transgender.
344. 26:43Now when I told you about the protected class characteristics, categories, and I say anything
345. 26:46about transgender being one of them?
346. 26:49No.
347. 26:50But that's what petitioners are asking for the court to do, to treat transgenderism as if
348. 26:54it is a protected class status.
349. 26:56And this very simply, ladies and gentlemen, would be the application of the Boston cases
350. 27:01rationale beyond the employment law context.
351. 27:04I warned you guys, I told you guys before,
352. 27:06the moment that Bostock was decided,
353. 27:08that the Bostock rationale will be utilized
354. 27:10all over the legal map to try to advance
355. 27:13all kinds of wickedness.
356. 27:15And here we are.
357. 27:17In response, Tennessee is saying, what?
358. 27:22Department of Justice, ACLU,
359. 27:24Justice Tondy Brown-Draxson,
360. 27:25Sonia Sotomayor, Elena Kagan, y'all look crazy.
361. 27:28We're not treating, we're not discriminating against people
362. 27:32based on sex, we're saying all minors,
363. 27:34whether or not you a boy or a girl,
364. 27:36All minors in Tennessee are prohibited from using these,
365. 27:40these drugs, these treatments, these surgeries
366. 27:43for the purposes of transitioning.
367. 27:48That's what we're saying.
368. 27:49We're saying that I don't care who you are,
369. 27:52that you can't use this.
370. 27:55And so the Jedi Mind Trick, for example,
371. 27:57Justice Kataji Brown Jackson literally kept going on
372. 28:00and saying, well, wait a minute, wait a minute.
373. 28:04If you have two people, you have a boy,
374. 28:08And if you have a little boy who's suffering from precocious puberty,
375. 28:11which simply means that he's having,
376. 28:13he's entering into the, the puberty phase earlier,
377. 28:18then what would be considered normal.
378. 28:21And if you wanted to slow down that puberty,
379. 28:27then he could use the medications. But if you had a girl who wanted to
380. 28:33slow down her puberty,
381. 28:35she couldn't use his medications in the state of Tennessee says, no, ma'am,
382. 28:38this is not because of what their sexes are.
383. 28:40It's all about the purpose for the drugs utilization.
384. 28:45Because the impact on the drugs on the two different sets of people
385. 28:49will be very different.
386. 28:50It's the purpose of the drugs usage, not because of where they are.
387. 28:54And you could have heard over and over and over and over
388. 28:58how Justice Katajibrown Jackson, Justice Elena Kagan,
389. 29:02Justice Sonia Sotomayor refused to understand.
390. 29:06It was very simply explained, refused to embrace it.
391. 29:09Justice Katai-Jibran Jackson went so far as to make this case.
392. 29:13Guys, this is what I'm talking about, futility and thinking.
393. 29:16To say that this case is similar to the Loving versus Virginia case in 1967.
394. 29:26Now, in case you don't remember, the Loving versus Virginia case is a case that ruled Virginia's laws against
395. 29:32inter-ethnic marriages unconstitutional.
396. 29:36Katai-Jibran Jackson literally was saying that, well, this is the same thing as Virginia versus Loving.
397. 29:41I'm like, oh, what planet, man?
398. 29:44It's not the same thing, not even remotely close to being the same thing.
399. 29:47But right as you, as that response comes out, Romans 1 comes right back to my futility and reasoning.
400. 29:54You know, before today, I might not have believed it, I think Katajabar and Jackson might not really know what a woman is.
401. 29:59Willfully.
402. 30:06So with the entire framework of the protected class status, sex discrimination version has nothing to do with discrimination based on sex.
403. 30:13We're saying all children in Tennessee wouldn't be able to use these drugs.
404. 30:16As minors, if you're an adult, you can do what you want.
405. 30:22If you're a minor and you want to use the drugs and you're not trying to use it to transition into being the sex opposite of your biology, you could use them.
406. 30:32Early in the arguments, Justice Amy Coney Barrett asked one of the most profound questions and you could tell that this was a weak spot for the Department of Justice and for the ACLU because they tried to skip right passage. She asked very simply.
407. 30:51Quote, if there were a new drug that transition children, regardless of the sex and the state
408. 30:57banned that drug, would heightened scrutiny apply?
409. 31:01All right, follow me with the question.
410. 31:03Justice Amy Coney Barrett asked, if there was a new drug hypothetically, and it transitioned
411. 31:11kids, transition children, and the state of Tennessee banned that drug, would that be
412. 31:16considered a sex based, sex based prohibition?
413. 31:21The United States solicitor general answered, no, it wouldn't be.
414. 31:27And that with that ladies and gentlemen, the entire ballgame is given away because that
415. 31:32is literally literally what the state of Tennessee is arguing but just in the opposite
416. 31:37direction concerning the drugs.
417. 31:40So if a banning a drug that would trans kid trans children, if that will be subjected to
418. 31:48heightened scrutiny, the opposite should be true.
419. 31:53I'm sorry, not the opposite would be true.
420. 31:56Tennessee's law should be embraced in this instance
421. 31:59because it literally is saying the prohibition
422. 32:00is on training the children.
423. 32:02The purpose of the prohibition is for the impact of the drug,
424. 32:07not on who the child is, but this is a roundabout way
425. 32:11of attempting to establish sexual orientation.
426. 32:15Well, in this instance, gender identity
427. 32:17as a protected class category,
428. 32:19that's what they're attempting to accomplish,
429. 32:21to which the law does not state currently.
430. 32:24And Tennessee is simply saying that this is not,
431. 32:26we're trying to accomplish.
432. 32:31Now, the solicitor general answered no
433. 32:33and moved on pretty quickly because I think
434. 32:35she recognized, whoop-bye.
435. 32:37There is a chink in the armor there.
436. 32:41And if we keep teasing at this notion,
437. 32:44we're really gonna lose.
438. 32:46I'll explain some more,
439. 32:47then I'll give you my assessment as to where the justices
440. 32:50are on this case, where I think it could end up.
441. 33:01Streaming.AFA.net has now become AFA Stream, and you can find it at stream.AFA.net.
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449. 33:41the Hamilton Quarter on American Family Radio.
450. 33:45Welcome back to the Hamilton Corner.
451. 33:46Let me try to move a little bit faster because I have a lot to say about this.
452. 33:51Well not enough time to say it all in.
453. 33:53So let me keep moving.
454. 33:54So on the point of immutability, I mean, Justice Alito laid out a masterful line of questioning
455. 34:03At this time of the argument, uh, trace Strong Joe was arguing.
456. 34:11And Justice Alito just simply said, are there any cases of a person?
457. 34:17Well, you have a man who wants to identify himself as a woman.
458. 34:20Is it he changes back to a man?
459. 34:22Are there any instances of that?
460. 34:25If there are, would that not be non immutable?
461. 34:32Listen to this exchange is brief.
462. 34:34It's clip number one.
463. 34:35And let me say that she only going to be able to listen to it because the Supreme Court still to this day does not allow cameras into
464. 34:42The courtroom during oral argument. So we only have audio files clip number one clip one go
465. 34:51Does transgender status apply to individuals who are gender fluid? I
466. 34:58Think that the distinguishing characteristic is to have a birth sex that does not align with
467. 35:03with a gender that does not align with one's birth sex.
468. 35:07So it may include people who have different understandings
469. 35:11of their gender identity,
470. 35:12but I think it is still the distinguishing characteristic
471. 35:15of a birth sex and a gender identity that are incongruent.
472. 35:19Are there individuals who are born male, assigned male at birth
473. 35:26who at one point identify as female,
474. 35:31but then later come to identify as male,
475. 35:35and likewise for individuals who are assigned female
476. 35:39at birth at some point identify as male,
477. 35:45but later come to identify as female.
478. 35:49Are there not such people?
479. 35:51There are such people, I agree with that, Jessica.
480. 35:52So it's not an immutable characteristic, is it?
481. 35:55Well, I think people's understanding of its shifts,
482. 35:58but the evidence shows that there is at least
483. 35:59a strong underlying basis.
484. 36:01And I think the normative reason for that particular consideration is whether or not this is something
485. 36:06that someone should or could change and whether they should have to change it in order to
486. 36:12receive constitutional protections.
487. 36:14And I think transgender status squarely fits within that.
488. 36:17So all that long, gobbledygook word salad, cackling camel would be proud was Chase Stran
489. 36:25Jill's way of filibuster when he knew exactly what Justice Alito was asking.
490. 36:30And he had to admit, yeah, people change.
491. 36:34And you know why Strangio didn't want to admit it?
492. 36:36Because he knows.
493. 36:38If he outright says, yeah, the whole game concerning immutable characteristic is done.
494. 36:47The notion of sex-based discrimination is over.
495. 36:50The potential for strict scrutiny, heightened scrutiny to apply is over with.
496. 36:54And Tennessee's law is upheld.
497. 36:57It's the bottom line.
498. 37:00We had several instances where justice is Kavanaugh, primarily, and then as well as Chief Justice
499. 37:06John Roberts, but he simply said, isn't this a matter for legislature to determine?
500. 37:11We're not doctors.
501. 37:13We're not policymakers.
502. 37:14We're judges.
503. 37:15Isn't this a matter for legislatures, which gives you an indication as to where they stand
504. 37:23on the issue where very well could stand?
505. 37:26Let me say it this way, because it's very hard to predict the final outcome based on
506. 37:30oral argument.
507. 37:31not recommend that.
508. 37:33But the arguments that were being made through the questions
509. 37:36were indicating that Justice Kavanaugh
510. 37:39and Chief Justice John Roberts both were like,
511. 37:40wait guys, we're not a super legislature.
512. 37:46Because of the various, the information and scientific studies
513. 37:49and other things shouldn't,
514. 37:50legislatures be the one to deal with this,
515. 37:52which is the proper judicial restraint
516. 37:54that should be employed in cases of that type.
517. 38:00then you have, you know, when I'm saying to you
518. 38:04the futility of reasoning, you had a point in this argument
519. 38:08and I'm gonna just let you hear this,
520. 38:11because you can't make this up.
521. 38:13When the Tennessee Solicia General argued concerning
522. 38:17the outsized risks of harm to children,
523. 38:20where you know you cut off body parts irreversibly.
524. 38:23You know, if you cut things off, they don't grow back.
525. 38:27You know, you interrupt a child's puberty
526. 38:30and you try to make the case, well, you know,
527. 38:31you can just delay puberty, that's not a problem.
528. 38:33you can just pick up where you left off.
529. 38:34That is not the case scientifically.
530. 38:39If you interrupt the child's puberty development
531. 38:41at a particular stage chemically, there's no guarantee.
532. 38:45There will be a full restoration of that
533. 38:47if the child wants to have the proper functioning
534. 38:50of their body parts in the future,
535. 38:53their reproductive capacities in the future.
536. 38:55And to make small change of that act like,
537. 39:00oh, that's not a big deal, you tell me what's compassionate.
538. 39:06But just as Sonia so Tamayor,
539. 39:09In the minute of Matt Rice's argument, Tennessee's solicitor general very early in his argument,
540. 39:14she interrupted him to wax morally superior to say, sir, all medication has risks.
541. 39:25Taking aspirin is a risk.
542. 39:27I kid you not listen to clip number two, go.
543. 39:31You're the my friends arguments with respect to the alternative approaches is pure policy
544. 39:38making.
545. 39:39As Justice Kavanaugh recognized throughout his questioning,
546. 39:41they cannot stand up here and say that if these alternatives
547. 39:45were imposed, that there would be no D-transitioners.
548. 39:48So they cannot eliminate the risk of D-transitioners.
549. 39:52So it becomes a pure exercise of weighing benefits
550. 39:57versus risk.
551. 39:58And the question of how many minors
552. 40:00have to have their bodies irreparably harmed
553. 40:03for unproven benefits is one that is best left.
554. 40:05I'm sorry, counselor.
555. 40:07Every medical treatment has a risk.
556. 40:11Even taking aspirin.
557. 40:14There is always going to be a percentage of the population
558. 40:18under any medical treatment that's gonna suffer a harm.
559. 40:24So you think taking aspirin has the same risks
560. 40:30as cutting off body parts?
561. 40:34Call you speaking.
562. 40:37I mean, when I'm,
563. 40:40guys, this is black robes we're talking about.
564. 40:43This is lifetime appointments, this is, oh, yay, oh, yay.
565. 40:49That's how they begin Supreme Court proceeding.
566. 40:54This is Senate confirmation, this, and that is,
567. 41:03you can't make this stuff up, guys.
568. 41:10Then Justice Clarence Thomas asked a question
569. 41:12which you would think would be an obvious question.
570. 41:15He asked Chase Strangio, so if you were to win,
571. 41:21What do you ask in the court to do?
572. 41:23And Strangio was like almost fumble.
573. 41:25I say what now?
574. 41:27What are you seeking?
575. 41:28What remedy are you asking for?
576. 41:33And Strangio, I remind you, is a lady,
577. 41:35is a woman who's presenting herself as a man.
578. 41:38She finally had to admit that a girl
579. 41:42who's presenting herself once identified as a boy
580. 41:45would be allowed to get drugs
581. 41:47for what she called a, quote, typical male puberty.
582. 41:50quote, despite being a female. Well, the answer made it very clear that under that what
583. 41:57Shangeel was arguing for is that girls who identifies as identifies boys would get a right under
584. 42:04the Constitution to test out their own, but boys who identify as boys would not, which is
585. 42:11in and of itself sex discrimination. So he turned the entire petitionist argument on his
586. 42:16head. It was brilliant. It was brilliant. So based on the arguments, again, I don't recommend
587. 42:23you abide by this, but what it seems to be indicative of was that Justice Thomas and
588. 42:29Justice Alito were clearly on the side of sanity. Justice is Kavanaugh, Justice
589. 42:36Kavanaugh, seem to make his line of question focused primarily on whether or
590. 42:41not it was the court's role to intervene in this case because the complex matter of
591. 42:47medicine and medical studies and things of that nature should fall within the
592. 42:53province of legislature, it's not the court.
593. 42:59Justice Roberts seemed to raise that same point
594. 43:06in a similar fashion.
595. 43:10Justice Amy Coney Barrett asked the question,
596. 43:12and I mentioned to you guys, basically saying,
597. 43:15and she used language that shows
598. 43:16he was sympathetic to the petitioner's side,
599. 43:19but her questioning presented the notion
600. 43:22that the strict scrutiny, the heightened scrutiny
601. 43:24standard shouldn't apply.
602. 43:25And as long as the heightened scrutiny standard
603. 43:27doesn't apply, most likely, Tennessee's law would survive.
604. 43:32Justice Katai-Jibrown Jackson saw you so tomorrow,
605. 43:34and Elena Kagan was clearly on the side of insanity
606. 43:37based on their questioning.
607. 43:38I mean, you can't make this stuff up.
608. 43:41It was absurd.
609. 43:42Justice Katai-Jibrown Jackson's inability to understand
610. 43:45that Tennessee's law is focusing on the purpose
611. 43:46of the drugs' usages, not who was coming to get the drugs.
612. 43:51It would lead her to a legal conclusion
613. 43:57that putting fertilized eggs inside of a woman
614. 43:59for fertility purposes, but not doing the same thing
615. 44:04a man would be sex based discrimination. It's patty absurd because you refuse
616. 44:12acknowledge the fact that males and females are different. She's saying not
617. 44:18treating males and females the exact same way that's sex based discrimination.
618. 44:23That's absurd! That is just patty absurd! It's patty absurd! So what I would expect
619. 44:33to happen... Now let me say this, let me say this. I won't say what I expect to
620. 44:39happen just yet. Note worthy in the world arguments is
621. 44:42Justice Gorsuch did not ask one question.
622. 44:47I will remind you, Justice Gorsuch is the one
623. 44:50who wrote the Boston opinion.
624. 44:53He did not ask one question.
625. 44:58So the way that the case seems to be lining up,
626. 45:04Justice Alito and Justice Thomas on the same page.
627. 45:09Justice Kavanaugh may very well be in agreement
628. 45:12with Justice Thomas and Justice Alito,
629. 45:14but for a different reason, that one surprised me.
630. 45:19His questioning indicated that he didn't think
631. 45:21this is a case that the Supreme Court should be deciding.
632. 45:26So those reasons he might end up in an opinion
633. 45:29with Justice's Alito and Justice Thomas.
634. 45:32Justice Barrett, I would anticipate possibly being
635. 45:37with that same majority, but for different reasons
636. 45:39than Justice Kavanaugh and Alito and Thomas
637. 45:43in saying that, well, this case should not be subjected
638. 45:45to heightened scrutiny therefore blah, blah, blah, blah,
639. 45:47so that would be four, all right?
640. 45:52I can't tell you where Gorsuch will land.
641. 45:54He didn't ask one question.
642. 45:56He did write the Boston opinion.
643. 45:59All right.
644. 46:00So doing the count, then on the side of insanity,
645. 46:04you have Guichange Brown Jackson,
646. 46:07Sonya Sotomayor, Lainty Kagan,
647. 46:08they are going to be together based on the oral arguments
648. 46:12in their perspective.
649. 46:13The questions I have remaining,
650. 46:15Justice's Roberts and Gorsuch.
651. 46:19Gorsuch didn't say a word.
652. 46:21Justice Roberts has, he has been so flip floppy.
653. 46:26anybody to who would tell you they know for a fact where he was staying that that
654. 46:30would not be true.
655. 46:31I have literally seen Justice Thomas, I'm sorry, Justice Roberts, Chief Justice Roberts,
656. 46:36on the issue of abortion regulations within a matter of months,
657. 46:41say the exact opposite of what he said previously in a matter of months.
658. 46:46I can't tell you where he would stand.
659. 46:48So the potential exists, let's say, and here's the other thing.
660. 46:53I also have found Justice Roberts tend to be a, well, where,
661. 46:56where's the most people going to be?
662. 46:57Let me join that group.
663. 46:59So I've seen him make would clearly would have been a 5'4
664. 47:01opinion make it a 6'3 opinion.
665. 47:04So I think unfortunately, wherever Justice Gorsuch goes,
666. 47:08Justice Roberts probably will follow.
667. 47:11I hate that.
668. 47:12That's kind of what I feel.
669. 47:14So if Justice Gorsuch ends up with the insane
670. 47:17and the membranes, Lord forbid, we could see insanity.
671. 47:27He is a waffler, Justice Roberts based upon his questioning
672. 47:30though I don't expect him to do that.
673. 47:32So if he joins Justice's Thomas, Alito, Kavanaugh,
674. 47:37and Amy Coney Barrett,
675. 47:39then I think Justice Gorsuch could as well.
676. 47:44So I think you could find a 6-3 or 5-4 decision.
677. 47:49Well, I think you're gonna find a,
678. 47:52if clarity and truth prevail,
679. 47:56I think you'll have a 6-3 decision,
680. 47:59because I think robbers will follow Gorsuch.
681. 48:05If insanity prevails,
682. 48:07I think it'll be a 5-4 decision.
683. 48:13All that said, I want to encourage you to pray.
684. 48:16What's going to happen after today's argument, the justices will retreat to their chambers,
685. 48:21they will have a brief deliberation together and they will vote their initial vote.
686. 48:26And then based on where the votes fall, the assignment of opinion writing will begin.
687. 48:31The opinions normally written by the most senior justice in the majority is one who usually
688. 48:36He writes the opinion, the majority opinion, and then the concurrences and dissents will
689. 48:40follow suit.
690. 48:41I cannot stress the necessity for the people of God to pray, because it may not seem like
691. 48:48it, but we are literally at a point where we will either be a people who are anchored by
692. 48:55truth, or we will literally transition into the stage to a delusion has now taken the form
693. 49:03of Supreme Court opinion.
694. 49:10The views and opinions expressed in this broadcast may not necessarily reflect those of the American
695. 49:14Family Association or American Family Radio.