Michelle Evans Live Reaction to United States Supreme Court
📄 Extracted Text (2,140 words)
[00:00:00] like why is this happening?
[00:00:04] >> I know it's like a very meta
[00:00:06] >> foundational question but
[00:00:08] >> what's going on in society? I mean, we
[00:00:11] could go down the rabbit trail of, you
[00:00:13] know,
[00:00:14] >> what's the 60-second version in from
[00:00:16] your perspective? There is this
[00:00:20] I mean we live in a society that's me me
[00:00:22] and and everybody wants their special
[00:00:24] rights and it's you know kind of this um
[00:00:27] Olympics of who's the most
[00:00:30] um marginalized the intersectionality of
[00:00:34] all of these different identities and
[00:00:35] whatnot but ultimately it's men who want
[00:00:39] to invade women's everything. you know,
[00:00:43] uh, one of the female athletes that was
[00:00:46] in DC this week for the Scotas case was
[00:00:50] saying, you know, this if men are
[00:00:52] allowed to come into our spaces, into
[00:00:54] our sports, there is no longer a female
[00:00:57] category. There's going to be men male
[00:00:59] category on both sides, right?
[00:01:01] >> There won't there won't be a male
[00:01:03] category. and nobody for some reason it
[00:01:06] just is not being absorbed by people on
[00:01:09] the left these ideologues who will live
[00:01:11] and die by feelings instead of you know
[00:01:16] facts and and I just
[00:01:20] it's this circular logic what defines
[00:01:23] how do you define a man woman or what is
[00:01:24] a woman
[00:01:25] >> that seems to be a losing issue for them
[00:01:26] like if this is the the the hill that
[00:01:28] they die on if this is the hill that
[00:01:31] district attorney Jose Garza dies on
[00:01:35] I it seems like he's going to lose that
[00:01:37] power struggle. I mean, as so goes the
[00:01:41] country,
[00:01:41] >> God willing, but they are so dug in in
[00:01:44] places like Austin. And it's really it I
[00:01:48] mean, there's a bit of Austin in my
[00:01:50] county, so we we see a little bit of it.
[00:01:52] It's a not a very conservative area, but
[00:01:56] it's a little more conservative than the
[00:01:58] center of Austin. Um but they're they
[00:02:03] cannot seem to dig themselves out of
[00:02:05] this hole and it's they they perpetuate
[00:02:08] it. He gets reelected easily. Um even
[00:02:12] though there's an increase in crime,
[00:02:16] there is increase in homelessness on the
[00:02:18] streets. He's not um he's not
[00:02:21] prosecuting violent criminals. He's
[00:02:23] going after law enforcement for the
[00:02:25] summer of love and their response. Um,
[00:02:28] so he's he's still considered fair well
[00:02:32] fairly popular popular enough to retain
[00:02:33] a seat.
[00:02:35] >> We have that clip from Justice Alo.
[00:02:36] Let's pull that up. This is from the
[00:02:38] United States.
[00:02:38] >> Yes, your honor.
[00:02:39] >> If it does that, then is it not
[00:02:42] necessary for there to be for equal
[00:02:45] protection purposes? If that is
[00:02:46] challenged under the equal protection
[00:02:48] clause, uh, an understanding of what it
[00:02:51] means to be a boy or a girl or a man or
[00:02:54] a woman?
[00:02:54] >> Yes, your honor. And what is that
[00:02:56] definition for equal protection
[00:02:58] purposes? What does what does it mean to
[00:03:00] be a boy or a girl or a man or a woman?
[00:03:03] >> Sorry, I misunderstood your question. I
[00:03:04] think that the underlying enactment,
[00:03:06] whatever it was, the policy, the law,
[00:03:08] the would have to we'd have to have an
[00:03:09] understanding of how the state or the
[00:03:11] government was understanding that term
[00:03:14] to figure out whether or not someone was
[00:03:15] excluded. We do not have a definition
[00:03:17] for the court and we don't take issue
[00:03:19] with the [laughter] we're not disputing
[00:03:20] the definition here. What we're saying
[00:03:22] is that the way it applies in practice
[00:03:24] is to exclude birth sex males
[00:03:26] categorically from women's teams and
[00:03:28] that there's a subset of those birthex
[00:03:29] males where it doesn't make sense to do
[00:03:31] so according to the state's own
[00:03:33] interest.
[00:03:34] >> Well, how can you how can a court
[00:03:36] determine whether there's discrimination
[00:03:39] on the basis of sex without knowing what
[00:03:42] sex means for equal protection purposes?
[00:03:45] I think here we just notice we we we
[00:03:47] basically know that the that they've
[00:03:50] identified pursuant to their own
[00:03:51] statute, Lindsay qualifies as a birth
[00:03:53] sex male and she's being excluded
[00:03:55] categorically from the women's teams as
[00:03:57] the statute. So, we're taking the
[00:03:59] statute's definitions as we find them
[00:04:00] and we don't dispute them. We're
[00:04:03] >> Yeah, that's that's um your reaction to
[00:04:05] that listening to that again.
[00:04:07] >> That gives me a headache. I I just I I'm
[00:04:10] trying to follow along with her logic.
[00:04:13] And you know, first of all, to to use
[00:04:16] the term she to refer to a man in a or a
[00:04:20] boy in a court of law, I think is just a
[00:04:23] travesty. I mean, in any place like we
[00:04:27] should expect a court of law to be based
[00:04:29] in truth and reality. That's you're
[00:04:32] always looking you're seeking objective
[00:04:34] truth in a court of law.
[00:04:35] >> Court of law.
[00:04:36] >> Yeah.
[00:04:37] >> Yeah. all all you know it's supposed to
[00:04:38] be logical and rational but
[00:04:40] >> yeah but Judge Amy Coney Barrett even
[00:04:43] adopted their language referring to this
[00:04:46] boy as a trans girl.
[00:04:47] >> How did she do that?
[00:04:48] >> She said um what she was asking some
[00:04:51] question about you know what do we do
[00:04:53] about these trans girls like we don't do
[00:04:56] anything because they're boys.
[00:04:57] >> Why do you think she did that?
[00:05:01] >> I don't I mean there's there's terms
[00:05:03] going around toxic empathy, suicidal
[00:05:04] empathy.
[00:05:05] >> Suicidal empathy. I've heard that one.
[00:05:06] >> Yeah. dad, sad, and toxic.
[00:05:08] >> I've heard that. I've heard that recent.
[00:05:08] I've never heard suicidal empathy until
[00:05:10] recently. I don't know if it's a new
[00:05:11] term.
[00:05:12] >> It's a book that's coming out.
[00:05:13] >> Is it?
[00:05:14] >> Yeah.
[00:05:15] >> It's um it's uh uh it it it kind of
[00:05:20] reminds me of the old adage about like
[00:05:22] white guilt, that kind of concept.
[00:05:24] >> This is the passage from George Orwell's
[00:05:26] 1984. I I quote it religiously. I
[00:05:29] recommend that everyone re reread this
[00:05:31] book every single year. If you don't
[00:05:33] like reading, listen to it. Father, I
[00:05:35] was born in the year 1984.
[00:05:36] >> Oh,
[00:05:37] >> that's ironic. Put up on the screen.
[00:05:39] Double think.
[00:05:40] >> Double think means the power of holding
[00:05:42] two contradictory beliefs in one's mind
[00:05:45] simultaneously and accepting both of
[00:05:47] them.
[00:05:47] >> That seems like he it seems like the
[00:05:50] ACLU lawyer was involved in that deal.
[00:05:53] >> And I've got mixed views on the ACLU
[00:05:54] because they defended me in the amicus
[00:05:56] brief with the FBI raid. So,
[00:05:59] >> I have a feeling they're not going to
[00:06:00] defend me.
[00:06:01] >> Probably. Well, it your your case
[00:06:04] involves kind of two competing
[00:06:06] interests, which is the right to privacy
[00:06:08] and the first amendment,
[00:06:09] >> which is something that's fundamental to
[00:06:11] what I do. That's why it's fascinating
[00:06:13] to me. But
[00:06:14] >> yeah,
[00:06:14] >> that's an interesting, you know, looking
[00:06:16] at it looking at it not through the lens
[00:06:18] of like the trans issue, just just right
[00:06:20] to privacy.
[00:06:22] >> Like, let me let me pose a hypothetical
[00:06:24] to you. If it wasn't a picture of like a
[00:06:26] trans a it was just a picture of
[00:06:29] a guy, you know, in his baseball cap
[00:06:32] washing his hands,
[00:06:34] >> what does the law do in that situation?
[00:06:37] >> Travis County Da Garza, what does he do?
[00:06:39] >> What does the the law do? Cuz cuz we are
[00:06:42] so and it's so unfortunate that we have
[00:06:45] to look at the world through who's in
[00:06:46] charge, who appointed the judge.
[00:06:48] >> Yeah.
[00:06:49] >> And and we've kind of resigned oursel.
[00:06:51] That's just the way it is. But let's
[00:06:53] assume for a moment that it was an it
[00:06:56] was an absolute neutral judge,
[00:06:59] >> right?
[00:06:59] >> And an absolute fair, honest,
[00:07:03] nonpartisan district attorney. And let's
[00:07:06] just call them Jones.
[00:07:08] >> Jones took a photograph of a guy washing
[00:07:10] his hands with his trucker hat in the in
[00:07:14] in the Was it a men's restroom or a
[00:07:16] women's restaurant?
[00:07:16] >> It was an old women's restaurant.
[00:07:17] >> Women's restroom. Okay. And it was a
[00:07:19] dude.
[00:07:19] >> Yeah.
[00:07:20] >> Okay.
[00:07:20] >> Well, it was a dude. that kind of that
[00:07:22] well that's kind of like a weird dynamic
[00:07:23] because the hypothetical will have to be
[00:07:25] um
[00:07:26] >> well your
[00:07:27] >> it was a women's restroom.
[00:07:28] >> Yeah. Your hypothetical is that it's a
[00:07:30] man that's not pretending to be a woman.
[00:07:32] >> Let's let me change my my my mistake.
[00:07:34] Let me change the hypothetical. Let's
[00:07:36] say a man [laughter] I'm feel like I'm
[00:07:38] in law school. Let's say a man by
[00:07:41] accident, not through no, he didn't
[00:07:43] intend to, but a guy in a trucker hat
[00:07:45] didn't look at the sign and was washing
[00:07:47] his hands in a women's restroom
[00:07:49] >> and a photo was taken of them
[00:07:52] under the Texas statute. Is that a
[00:07:54] crime?
[00:07:56] >> Well, we go back to the intent part of
[00:07:57] that, the the statute, right? My my
[00:08:00] intent was never to invade anyone's
[00:08:02] privacy. And my the the hill I'm willing
[00:08:05] to die on here is that does his consent
[00:08:08] matter more than ours? In a women's
[00:08:10] space, does a man's consent matter more
[00:08:13] than our consent? Because at the moment
[00:08:15] that he entered our space, he was
[00:08:18] violating the consent of every woman in
[00:08:20] that in that room.
[00:08:22] >> Even if one woman amongst us consented,
[00:08:24] she does not get to consent for all of
[00:08:26] us. So,
[00:08:29] and and to kind of defend the woman that
[00:08:32] took that photo, she thought that she
[00:08:35] was documenting a crime.
[00:08:37] >> Is she been indicted or or warrant?
[00:08:40] >> I have not named her.
[00:08:40] >> Not just you, not her.
[00:08:42] >> I I haven't named her. So, no.
[00:08:43] >> You have not named her. So, she's a
[00:08:45] she's an anonymous source at this point.
[00:08:47] >> Yes.
[00:08:47] >> And [snorts] and if they compel you to
[00:08:49] testify at trial to name her, what will
[00:08:52] you do?
[00:08:52] >> No.
[00:08:53] >> You won't answer?
[00:08:54] >> No. If the judge orders you under
[00:08:57] contempt of court to name her, what will
[00:08:58] you do?
[00:08:59] >> I won't name her.
[00:09:00] >> You will not name her?
[00:09:01] >> No.
[00:09:03] >> Well, at the federal level, the US
[00:09:04] Marshalss will come and take you away,
[00:09:06] but I [laughter] guess you'd be held in
[00:09:07] contempt of court. You might go to jail.
[00:09:09] >> It'll be one hell of a mug shot.
[00:09:12] >> You might have to outdo Trump.
[00:09:14] >> I I [laughter] would do my best. I don't
[00:09:16] think I have the I don't think that's a
[00:09:18] good angle for me, but the lighting is a
[00:09:21] little weird. I'm sure I I just don't I
[00:09:24] don't think that she deserves to go
[00:09:25] through what I'm being put through.
[00:09:28] >> You would be very brave indeed if you
[00:09:31] went through with that if it comes to
[00:09:32] that. But I I I guess also what I see in
[00:09:36] you is this willingness.
[00:09:38] >> You you you resigned yourself to do
[00:09:41] eventually what you're going to have to
[00:09:43] do.
[00:09:43] >> Yeah. Whereas most humans will will do
[00:09:47] anything to avoid being punished by the
[00:09:50] state and and and you're you're not
[00:09:51] built that way. That's why you're on the
[00:09:53] show. That's why we've brought you here.
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