Speaker
Kristen Waggoner
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1 episodes
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Kristen Waggoner argued that the Supreme Court's biological-sex rationale in the sports ruling will extend to protect women's privacy in locker rooms, showers, and dorm rooms under Title IX.
According to Kristen Waggoner, 8 in 10 Americans support the right of equal opportunities for women and oppose biological males competing in women's sports.
Kristen Waggoner cited science indicating that over 90% of children struggling with gender identity, if allowed to go through natural adolescence, do not seek medical transition.
West Virginia male athlete BPJ, who identified as a girl, displaced 470 girls across 1,400 competitive instances, and took 2 regional championships and a state championship through middle school.
Lia Thomas ranked 65th place in the men's swimming category before transitioning and competing as a woman, where Thomas placed first.
Alliance Defending Freedom filed the very first case defending female athletes against biological males in women's sports in Connecticut in 2017, with Megyn Kelly conducting the first interview of those athletes.
Five justices — Roberts, Barrett, and the three liberals — struck down Trump's executive order ending birthright citizenship. The ruling means any child born on U.S. soil is an automatic citizen, regardless of the parents' immigration status or allegiance to the country.
Mike Davis called the birthright citizenship ruling the most lawless Supreme Court decision in decades. He argued the majority effectively scratched out the 'subject to the jurisdiction' clause of the 14th Amendment, handing birthright citizenship to Chinese birth tourists, illegal aliens, and even potential terrorists.
Alan Dershowitz called birthright citizenship 'stupid, stupid, stupid' but argued the real fix lies with Congress, not the courts. Because the Supreme Court's remarks about legislative remedies are merely dictum, Congress could still pass a statute redefining who is 'subject to the jurisdiction' of the United States.
Mike Davis and Megyn Kelly questioned how Amy Coney Barrett, who was sold as the next Justice Scalia, ended up siding with liberals on birthright citizenship. Davis raised the possibility she was intimidated during the Dobbs fallout; Kelly floated her husband's theory that attractive justices get drawn into the Georgetown approval circuit.
Davis argued Scalia would have sided with the dissenters, pointing to precedent that American Indians were not covered by the 14th Amendment's citizenship clause. Dershowitz countered that Scalia was a strict textualist and might have found the constitutional text itself compelled birthright citizenship, regardless of how dumb he thought the policy was.
Madison Kenyon described waiting six years for the Supreme Court's ruling after being forced to compete against male athlete June Eastwood at Idaho State University. She credited her athletic scholarship — which led to her nursing degree, her career, and meeting her husband — as proof that these opportunities cannot be handed to male athletes.
Megyn Kelly cited detailed records showing male athlete June Eastwood's times were faster than long-standing women's collegiate records in multiple events: nearly 4 seconds faster in the 800m, faster than a decade-old record in the 1500m, and 13 seconds ahead in the 5000m. Meanwhile, media coverage called Eastwood 'transcendent.'
Kristen Waggoner said ADF has active cases in Minnesota and Connecticut, two blue states without girls' sports bans. In Connecticut alone, 4 female track athletes have been beaten by 2 male competitors, displacing girls from 4 state championships and erasing 17 records. The court's biology-matters rationale gives ADF new ammunition.
Alan Dershowitz explained why he left the Democratic Party, pointing to the recent New York primary victories of far-left candidates he describes as essentially communist and anti-American. He warned the same radical-primary dynamic threatens the Republican Party through figures like Tucker Carlson, leaving many Americans politically homeless.
Following the ruling, legal commentator Bill Jacobson's proposals circulated — including mandatory pregnancy tests for visa applicants and automatic visa termination for pregnant female aliens. Kelly and Dershowitz debated how far the Trump administration could go, with Dershowitz preferring a legislative fix over rounding up pregnant women.
NPR's Nina Totenberg published a report claiming Justice Alito was retiring, only for the Supreme Court to deny it on the record within minutes. Kelly said she has solid sources indicating Alito will step down but the timing was not imminent, calling Totenberg's report a massive piece of journalistic malpractice.
Kristen Waggoner argued the Supreme Court's ruling is not limited to athletic competition. The court's biological-sex logic, combined with Title IX's equal-opportunity guarantee, will extend to locker rooms, showers, and dorm rooms. ADF already has clients who suffered sexual harassment and assault in these spaces.
Alan Dershowitz called the Supreme Court's new campaign finance ruling a natural extension of Citizens United but said it is terrible for democracy, giving billionaires like George Soros the equivalent of a million votes. He argued the bigger problem is primaries that are won by the most radical fringe of each party.
In a unanimous 6-0 conservative ruling, the Supreme Court held that states may ban biological males from girls' and women's sports. Justice Kavanaugh wrote the majority opinion affirming the constitutionality of such bans, while Justice Thomas's concurrence explicitly stated that gender dysphoria is a mutable, not immutable, mental condition.
Kristen Waggoner and Megyn Kelly detailed the unreported behavior of BPJ, the male West Virginia middle schooler at the center of the girls' sports case. BPJ repeatedly made explicit sexual threats to female teammates in the locker room, on the track, and in the throwing pit, yet the school took no action when the harassed girl complained.
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