Legal Arguments and Future Implications

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AZ Arm Bam Doni said in an interview this week that he was open to being the poster child for socialist candidates. Are you worried about more socialist candidates across the Un? I think it's a big threat to an actation actually Because it's not socialism, it's really communism. They use the word social Democrat becausecause it sounds so nice, but It's really communism you're talking. I think it's the biggest threat to our nation. There is, maybe since our founding. I think this is the biggest threat to our nation. People will smile when I say that, but The smart people are the same youice probably right. You're listening to the forty seven Morning uppdate with Ben Ferguson. Good Thursday morning. Nice to have you with us on the forty seven morning update, and we've got one big story for you. The Supreme Court may have ruled to protect women's sports, but now we're finding out what Democrats plan to do next, and it's going to be central to their midterm election strategy Get ready for another fight All right, I wantan to take a moment. I want to talk to you about a company that I use every day. It's called Patriot Mobile And so many brands today claim to stand for American values, but most of the time Well it's all talk and it's no action. That's why Patriot Mob was different. For more than twelve years, Patriot Mobile has been living their values and standing in the gap for every American who believes freedom is worth fighting for Business was founded on a simple conviction. Culture is being shaped through commerce. Americans deserve a real conservative alternative. Now today, Patriot Mobile is America's only Christian conservative wireless provider. And what they offer is premium priority nationwide service any of the three major U. S. networks. 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You'll get a free month of service That's patriotmobile dot com slash Ben forty seven Call nine seven two Patriot today It's a forty seven morning update, and it starts right now. Story number one. The Supreme Court they may have settled one legal question, but politically, we're now seeing exactly what the Democrats are ready to do when it comes to allowing men in women's sports Now, the Supreme Court ruled that states like Idaho and West Virginia can in fact enforce laws preventing transgender girls from competing in girls sports And Democrats, well, they immediately began making it clear They've got no intention of backing down Instead, now they're preparing to make it one of their main defining issues heading into the midterm election cycle. JD Pritker saying this on CNN about the ruling. Spreme Court also today allowed states to ban transgender athletes from joining women's and girls teams. Do you think the court was right on that or do you think they were wrong lookook, we believe that people have a right to live the life that they're born to, the life that they want to And in Illinois, anyway, we protect LGBTQ plus rights, we protect trans kids remember in Illinois Trans athletes, we literally in high school have Th trans athletes We have hundred thirty three thousand athletes in total in our high schools and three of them are trans. Why is the Republican Party focusing on this issue? Why have they passed laws in, I think twenty seven states that have restricted or banned outright trans kids being athletes in schools It seems to me like they're just, again, they're trying to foment on an issue that frankly, I think we ought to be talking about bigger things. I know in the state of Illinois, we have much bigger challenges as they do all across the country with things like they've cut Snap benefits, they've cut Medicaid, they've made life harder for people raised prices. These are all things that we're having to deal with in our states and they're trying to distract with something that has very little impact Now to be clear, JD Pritker is saying that somehow Republicans are the ones that did this, even though it was Democrats that were allowing boys in women's sports. Then he says it's nothing but a distraction. And he wasn't done there. He also again, laying the groundwork for what Democrats truly believe in and that is destroying women the games that they play and the scholarships that they receive and the awards they receive. But Republicans are using it in political campaigns, political messaging on the issue itself. Do you think the court was right I think that we ought to be protecting trans kids. Do You you think they were wrong. I can tell you this those trans kids, you know, the I'm sure you've seen the statistics that deression and other mental health challenges are following these kids because of the way they're being treated in some communities. We ought to be sympathizing with the parents. We ought to be trying to help them help their children and not putting barriers in the way of children just being kids Yeah. And Justice Kavanaugh was writing that he doesn't think that transgender athletes should be vilified or ostracized. When you look at the numbers though, there was a Reuters's IipSS poll that found that sixty seven percent of Americans agree with the transgender athlete ban Do you find yourself in agreement with those sixty seven percent of Americans? I think that first of all, this is a decision that gets made by a family. that's a decision that's been handled by schools and school districts. a number of years now. I think we ought to let it happen at the local level as it has been. The three in Illinois have been just fine. Isn't it interesting how Democrats use this issue and pushed this issue and demanded this issue and now they're trying to downplay it while also making it a very clear central point going into the midterms. Now for Republicans This decision represents years of, well, campaigning and fighting, and finally, it paid off Donald Trump made protecting women's sports a signature issue Because of people like Pritzker. Now let's be clear. When Donald Trump was running, he said, not only am I going to sign executive actions, not only am I going to pressure athletic organizations, but I'm also going to make the logical argument that biological women deserve a level playing field. More than half the states and you heard JB talk about this just a second ago More than half of the country has already passed laws that were then up for grabs with the Supreme Court Banning men from competing in women's sports Now the political battle is now going to move to the campaign trail. Democratic leaders and activist organizations. They're already out there arguing and targeting the very small number. they say of transnder student athletes. Well, it is discrimination. And the treatment of transgender youth is terrible. even though this law and the Supreme Court ruling has nothing to do with how you actually treat a person They're also promising to continue the legal challenges everywhere they can Now support of the ruling is also well very different Many conservatives say this is a victory for common sense because you should absolutely protect women's sports. There should be fairness in athletics. And they point to all of the scholarships, what President Trump did well. The roster spots, the championships, the athletic record books that are changed when a man competes with women And biological differences, it matters in competitive sports. And that's exactly why this made it all the way to the Supreme Court But to be clear What Democrats are now going to do Is they're going to say that you've dehumanized trans athletes? If you want to start a trans leeague, you can absolutely do it. No one is stopping you. Yes, trans athletes can compete But women should not be forced to compete. with men Now I want to take you back to some of the arguments that were made. The first case, I was there for those oral arguments dealt with Idaho and I want you to hear the back and forth of what actually happened and why the court got to the decision they have right now. You'll cut this part up. Idaho's law classifies on the basis of sex because sex is what matters in sports They correlate strongly with countless athletic advantages like size, muscle mass, bone mass, and heart and lung capacity. Tragically, but not surprisingly, male athletes have even injured female athletes in many sports If women don't have their own competitions They won't be able to compete And I don't know how you can say sex classification is not being Challenge There's no question here that a male who identifies as a female, but it's a male is being excluded from a female sport right? That's correct All right By its nature, that's a sex classification And all sex classifications, we have said repeatedly in our case law require intermediate scrutiny. There are an awful lot of female athletes who are strongly opposed to participation by trans athletes in competitions with them. U what what do you say with them Are they Are they bigots? Are they deluded in thinking that they are subjected to unfair competition No, Your Honor, I would never call anyone that On the preliminary record in this case, and as the experts below agreed, circulating testosterone after puberty is the main determinant of sex based biological advantage that HB five hundred sought to address. And on this record, Lindseay Heeaccox has mitigated that advantage because she has suppressed her testosterone for over a year and taken estrogen HV five hundred thus fails heightened scrutiny as applied to Lindseay and transgender women like her who have no sex based biological advantage as compared to birth sex females. And so it's going to come to this court and we have to decide for the whole country constitutionalizeed this. And I guess given that half the states are allowing it allowing transgender girls and women to participate about half or not