Welcome back to
the Liberty Insider.
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Before the break, I'd
put out some wild theories
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about the Supremes of the court,
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but we're
discussing the ramifications
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of Antonin Scalia's sudden death
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and of course now the deadlock
situation with his replacement.
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Well, Senator
Justice Antonin Scalia died.
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All right.
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No one expected, this is
really what's that pick up--
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Well, actually, you know,
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his health has
been bad for the last--
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We found that out--
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Last 20 years in fact.
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But he hadn't
appeared to be well.
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He had heart disease.
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He had all kinds of factors
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that were
leading down this road.
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He had diabetes.
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But Ginsburg had
pancreatic cancer
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as well as some
more recent health issue.
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Yes, and he was
a robust character,
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and, you know,
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he lived to the
age of what was at 79,
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I think this is what his--
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Yeah.
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Anyway, the point is that,
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when he died, all the
Republican candidates,
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every one of them
except I think for Rand Paul,
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during the
Republican primary in 2016 said,
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"We must elect
someone or we must make sure
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that a president
that becomes president
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appoint someone that's
just like Antonin Scalia.
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Because this is a time period
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in which if the Supreme Court
tilts to certain direction,
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it will stay that way for
the next 30, 40, 50 years.
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We just don't know.
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And so they're very
concerned about that.
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Well, of course, the
Left is equally concerned,
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'cause they want somebody
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that's in there
that will protect
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the constitutional
separation of church and state.
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But there's an assumption
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that they know
exactly how each justice--
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That's true.
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Adjudicates, and I
don't think that's true.
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Like Roberts, many times
he's frustrated the Right Wing,
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because he hasn't
voted the way they expected.
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But here's my point,
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I've read six biographies
on Justice Antonin Scalia.
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And this is one of them,
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this was the last
one written on him
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by Joan Biskupic of
The Washington Post,
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and currently on
public broadcasting network.
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But she is a longtime,
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like 40 years
covering the Supreme Court,
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and is one of the
leading experts on,
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as a journalist
covering the Supreme Court.
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Most of this book on
Justice Antonin Scalia
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is based upon interviews with
Justice Antonin Scalia himself.
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And so it makes
it the most authentic
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and yet the most recent one.
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It was published in
2006, but in each biography,
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and I've recorded this.
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Every biography,
whether it was by James Stabb,
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or Ralph Rossum,
Bruce Allen Murphy,
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and Joan Biskupic.
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Each one of them
have stated in interviews
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with Justice Antonin Scalia
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that, when he was
right out of law school
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at Harvard
University Law School,
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at the law firm of Jones, Day,
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Reavis and Pogue
in Cleveland, Ohio,
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which was his first law firm.
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When he was invited
to the law firm's owner
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of the firm,
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he invited him to his
home along with all of--
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Senior partner I guess.
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Yeah, along with all of
his colleagues to his house.
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And justice, I
mean, then attorney,
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Anonin Scalia
took off his shoes,
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went and stood by the fireplace
with a glass of chardonnay.
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And while eating
cheese and pretzel sticks
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well, argued from
seven in the evening
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until three in the
morning with his colleagues.
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Just a big debate, a fun debate,
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but a big debate
over whether Sunday laws
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were constitutional.
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Blue laws, I think he was--
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Sunday Blue laws.
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And Justice Scalia defending
Sunday Blue laws to health--
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He's well known on that.
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With everybody else
arguing against him,
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all right,
which was interesting.
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And I'd say, you
know, I say to people,
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who really want to make sure
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that somebody like
Justice Antonin Scalia
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is back on the Supreme Court.
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Think about what
you're asking for?
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Yeah, it's true, we don't know
exactly how they would decide,
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but do you want
to take that risk?
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I mean, for me as a
Seventh-day Adventist Christian,
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I certainly don't want somebody
who is so overly conservative
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and Catholic in their
religious freedom perspective,
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not that I don't believe
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that Catholics have a
right to religious freedom.
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We all have a right
to religious freedom.
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They just as much as
anybody else, if not more.
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The point is that,
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do we really want to
stack the court with justices
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who will
threaten religious freedom
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as we know it.
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Yeah. No, certainly.
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I think the
answer obviously is not.
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I have listened to him speak to,
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and I didn't
agree with everything,
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but I understand
where he is coming from.
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And, you know, his
idea of originalism,
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you could dispute a little,
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because how do you get into
the heads of people totally?
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But I think he was
probably fairly safe on this.
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I don't believe he was talking
about National Sunday Law,
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he was talking
about state Blue laws,
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and there's no question
under the system that existed
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before the Civil War,
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and the
incorporation of federal powers
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that it was assumed
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and they were established
churches in different states.
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And that was the mindset.
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I think that's
where he is coming from.
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He was projecting onto it
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though his very
aggressive Catholicism.
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And I've heard him
speak, and it could be,
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you could cringe sometimes
to hear him speak that way.
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But I'm not sure
legally, he was totally wrong,
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but yeah, sort of a red flag
when a guy is this aggressive
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on something that's
lying dormant at the moment,
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and we don't want
him waking that up.
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There is one judicial principle
that Justice Scalia in my mind
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did that was very positive.
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And I think it
was good for the court
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to revive this
particular principle.
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And it's the idea
that, yes, the Bill of Rights
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represent the
rights of minorities
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or when any minority right
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as listed in the
Bill of Rights is affected
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or any general right
listed in the Bill of Rights
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is affected.
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You know, they need to
have their rights protected
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and they're
constitutionally guaranteed.
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And so you have the constitution
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which represents, we
the people, the majority,
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the majority will
of the people, okay.
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But when you look at
both, he said, you know,
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"It's true, the
Bill of Rights is there
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to protect against
abusive majorities."
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But he said, "We
have to understand
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that the Constitution itself
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that we have to weigh the
two very carefully," he said.
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Protects also
against abusive minorities.
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In other words,
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can the minority
abuse the majority?
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And I think that was
an interesting point.
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And I think he is
right in some respects,
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how that applies
in every instance,
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I don't know how to
provide an example for you.
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Except that I would say,
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if you look at the
transgender movement
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in this whole bathroom issue,
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I think it's very
important to look at that.
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Because that seems
like a minor issue,
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why do we have
to deal with that,
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that's like the
nat in the ointment
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or the nat you
want to kill in the wall
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or fly that you
want to get rid off.
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It's an issue
that just seems like,
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why do we want
to deal with this,
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why do we have
to deal with this--
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Maybe I'm missing something,
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but that is not
directly connected
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to Supreme Court, is it?
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Yeah, it will be,
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because it will come
to the Supreme Court.
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Well, of course. Okay.
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So the next justice--
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The big problem
with this I think,
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this is a sign of governmental
bureaucratic overreach.
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Here is something
that's being begun
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because of the
general rights granted to--
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But they'll have to get
sorted out by the court,
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so eventually by
US Supreme Court.
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This has been a conscious choice
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within the administration to--
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in its most
extreme form demand this
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of the school
system in particular
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where they have
the power of the purse.
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They can't force it,
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but they've
actually said directly,
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if you don't go along
with this in the state,
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we will withdraw a federal--
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This is where I agree
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with the Right Wing
faction on this issue
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because if you look at
Title Nine privacy rights,
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which seems to be at stake here.
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The Left doesn't want to seem
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to look at
privacy rights at all.
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In fact, we seem to be
going down the slippery slope
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where anybody who
claims at a moment's notice
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that somehow even
though they're a guy,
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they declare them self a woman
to go into women's bathroom
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to shower with
women in high school,
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with girls in high
school is predatory.
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And that's really unconscionable
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and that seems to
be the slippery slope
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we're going down.
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But it is an
easy solution to it.
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I've listened to all of this.
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And you could easily set
up a protocol with someone
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who is in a sex change
process either surgically
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or psychologically,
they go before a judge,
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there's a determination,
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and they have a authorization
where they present that.
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But the way it's being put out,
it's just today I feel female,
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I go in there because I want
to go into the women's toilet.
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Well, I'm not sure
and generally speaking
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much of that's going on,
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but you only
need one or two cases
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of predatory voyeurism
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and all the rest
and we've got trouble.
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And then some say, because
there are those on the right
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who say, "Okay,
we'll go so far with you.
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We'll say okay go ahead
and build a separate bathroom
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in each institution,
in each high school,
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any institution,
even religious schools.
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Build a separate
bathroom for transgender people
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and then they say, "Well,
then that's the same as separate
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but equal, going
back to segregation,
00:10:10.34\00:10:13.48
the Civil
Rights movement, so on.
00:10:13.51\00:10:15.71
And it's not the same thing.
00:10:15.74\00:10:17.81
You're dealing with
something that says,
00:10:17.85\00:10:20.15
"Hey, we're trying
to meet halfway, okay.
00:10:20.18\00:10:23.25
We've clearly got a situation
00:10:23.28\00:10:24.99
whereby it's predatory for a man
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to claim a woman
suddenly," and to, you know,
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women are going to feel
very uncomfortable about that.
00:10:31.23\00:10:34.30
And that that's problematic
and women are subject to abuse
00:10:34.33\00:10:38.77
and women are usually
00:10:38.80\00:10:40.14
often the victims of
a situation like this.
00:10:40.17\00:10:42.14
Well, of course this--
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what's happened here is
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there is a
social change underway.
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Not all for the best,
00:10:47.88\00:10:49.48
but they're running ahead of it.
00:10:49.51\00:10:50.85
So of course,
00:10:50.88\00:10:52.21
the community kind of feel very
uncomfortable and threatened.
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And what's
interesting is this movement--
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Mind you, I'll throw a
real wild card in here.
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No, I need to go
and check on this.
00:10:58.99\00:11:00.99
But I know that the
occurrence of asexuality
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or, you know,
Ephrata, Dezmen and so on.
00:11:07.60\00:11:12.17
You know,
there's always been that,
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there's a constant
of that through history.
00:11:13.70\00:11:15.80
Right. There is
no limit to that.
00:11:15.84\00:11:17.21
But by the sheer
numbers of people
00:11:17.24\00:11:18.97
claiming to be either
it's trendy to say you
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without any cause
00:11:23.61\00:11:24.95
or we are
witnessing a sea change
00:11:24.98\00:11:27.78
in the number of people
00:11:27.82\00:11:29.78
who have that
physical characteristics,
00:11:29.82\00:11:31.29
which maybe, it's
the diet we're on,
00:11:31.32\00:11:34.69
maybe it's the hormones in meats
00:11:34.72\00:11:37.59
and other foods, it could be.
00:11:37.63\00:11:39.13
I'm surprised
nobody's discussed this yet.
00:11:39.16\00:11:42.30
And some of the
wacko Right Wing websites,
00:11:42.33\00:11:46.20
they claim that this is
part of a concerted program
00:11:46.23\00:11:49.17
to blend this physically,
and the naturist says,
00:11:49.20\00:11:52.74
repressive population.
00:11:52.77\00:11:54.11
That's craziness, perhaps,
00:11:54.54\00:11:56.38
but if this is
a real phenomenon,
00:11:56.41\00:11:59.85
you have to ask why,
00:11:59.88\00:12:01.22
because it's way out
of the norms of societies
00:12:01.25\00:12:03.69
to expect the number.
00:12:03.72\00:12:06.09
When it comes to
nominating individuals
00:12:06.12\00:12:10.59
to the Supreme Court,
judges to the Supreme Court,
00:12:10.63\00:12:12.69
it is a huge factor in
presidential elections.
00:12:12.73\00:12:17.33
When it comes to
voting, we should remember this.
00:12:17.37\00:12:20.14
And we should remember
00:12:20.17\00:12:21.50
that presidents
have a huge impact
00:12:21.54\00:12:23.87
on who Supreme
Court justices are.
00:12:23.91\00:12:26.94
My Bible speaks of the times
that we're living through now.
00:12:26.98\00:12:31.61
And one thing that
it says about justice
00:12:31.65\00:12:35.32
is that at these
end times, the justices,
00:12:35.35\00:12:38.35
or the judges pervert justice.
00:12:38.39\00:12:41.86
Many people
would agree with that
00:12:41.89\00:12:43.46
in regard to the Supreme Court,
but for different reasons.
00:12:43.49\00:12:46.96
And many, if not
most of them political,
00:12:47.00\00:12:49.63
but there is no question
00:12:49.66\00:12:51.50
that is we come to
a more turbulent time.
00:12:51.53\00:12:55.07
The very real
role of the judiciary,
00:12:55.10\00:12:58.47
one of three balancing aspects
of the American Constitution
00:12:58.51\00:13:03.14
and system of
government becomes more crucial.
00:13:03.18\00:13:07.85
As I do this program,
00:13:07.88\00:13:11.25
a gap is in the
Supreme Court and Scalia,
00:13:11.29\00:13:14.89
absent through sudden death
is causing a great disruption.
00:13:14.92\00:13:20.46
And the question is
00:13:20.50\00:13:21.83
will we load the
court with another partisan
00:13:21.86\00:13:25.83
or will we allow the system
to work and put someone in
00:13:25.87\00:13:30.57
who is a justice who
will not pervert justice,
00:13:30.61\00:13:34.18
who will maintain
their public trust.
00:13:34.21\00:13:37.35
This is the huge question
facing the United States today,
00:13:37.38\00:13:40.72
and particularly when
religion is bubbling along.
00:13:40.75\00:13:44.49
So patently, in all
these current affairs,
00:13:44.52\00:13:47.59
it's more
crucial than ever before.
00:13:47.62\00:13:51.33
For Liberty Insider,
this is Lincoln Steed.
00:13:51.36\00:13:54.30