WTH!! Supreme Court Makes A SURPRISE AUGUST Ruling

we're back Tina D Michael popok new gift by the United States Supreme Court to kamla Harris in the form of a decision in which they have temporarily blocked the Biden Harris Administration and its efforts to help not only people and their gender identity in the University setting but also people who were pregnant in the University setting people who need lactation rooms in the University setting just generally people's sexuality and gender in terms of not being harassed or discriminated against in universities who take Federal funding that kind of discrimination can go on for another year or two until the appeal is over we're g to talk about with Dina D and me we're going to talk about how this is while it is terrible for the actual people in universities right now that are dying who are dying to make sure that their rights are protected for K har Us in the campaign it is a gift it puts once again Donald Trump his misogyny is being against women the platform on abortion the platform against women's autonomy and Reproductive Rights squarely on the ballot for November just as as as uh Elizabeth Warren said the Supreme Court is on the ballot Donald Trump is on the ballot and I can't think of anybody who's a better advocate for this particular position position then vice president kamla Harris who leading coming out of the dobs decision reversing roow versus Wade uh two years ago stood up and took a major leadership role on this very issue from the vice presidency which he will continue all the way through I believe to the White House let's talk about let's bring Dena back let's talk about what just happened at the United States Supreme Court some people might be thinking Dina oh I looked at my calendar it's August the Court's not back in till October what are we talking about talking about an emergency application by the Biden Harris administration because there's a new ruling coming out of the fifth circuit coming out of that one Rogue judge that Maga likes to go after because it's a friendly environment in abalene Texas Matthew cosmer who once again did a nationwide ban of all of the new rulle making under what we call Title Nine which protects anyone any person who's discriminated against by an institution who accepts Federal funding um usually it's about athletes but not always I've got a background and a recent win in the title 9 area I'll talk about but I'm gonna let Dena explain what just happened the the interesting odd bedfellows of this 5 to four decision and what it could mean and then you and I'll pick up what it means for the campaign and what it means for voters in November okay so here it is in a nutshell basically the Biden Administration expanded the definition of sex discrimination under title n which schools have to follow in order to receive federal funding they included it to include gender identity sexual orientation and pregnancy they also expanded the protections of students who are being sexually assaulted or sexually harassed by including things such as as they being a hostile environment so things that are very important I mean we're we're talking about children here right we're talking about children children potentially being sexually harassed in their schools you know emboldening the students to be able to get protections there because they are so vulnerable and protecting the most other vulnerable kids in that school those already dealing and grappling with issues of sexual orientation and gender identity and um what happened as you said there is these um the fist circuit they blocked it saying that none of these title n policies can they issued an injuction stopping it while the merits of the case were being looked at the government went to the Supreme Court saying this you know shouldn't all be blocked because this now means that like these 10 states all of these schools all of these title n policies aren't going to be in effect the Supreme Court ended up as you said there with a majority Ed actually being 54 because Justice Gorsuch agreed greed with the three liberal justices saying that allowing the injunction for all the title 9 policies is really too broad if you were going to do an injunction doing it just specifically on those new policies would make sense but broadly doing it is um really going to create chaos and these students now going into the fall term are going to have little to no protection at all with these title n policies and that majority in their opinion and say well you know the Pella court is going to be hearing it in October they will you know they will brief it soon enough we will get a decision soon enough this reminds me of what Justice Kavanagh said during the oral argument in DOS saying well we'll just leave this to the States you know people who have never had their civil rights affected people who have never been in a vulnerable position as these children are are more than happy to delegate really important prote ctions that our federal law gives us that's an example of that um these uh majority Justice not caring that these students in the meantime are going to have no protections at all um because I guess they themselves have never been in a situation like that but as you said this is something now it means even more vice president Harrison her policies and really the Democrats taking over Congress in general and being able to AB bolster laws is so important because the fact that they did this injunction and I really want to hear what you think about this PW and your experience in Title 9 is very telling because For the First Time the Supreme Court is taking on a transgender case this fall specifically the the case out of Tennessee um outlying gender affirming care the Supreme Court has twice before decline to hear um a gender identity case the fact that they're willing to take this on the leak that we heard that chief justice Roberts in the immunity case was kind of unwilling to um accept to compromise with the liberal justices is a really kind of scary direction for the Supreme Court for those of us who really care about personal freedom um rights of privacy and the fact that the Supreme Court has ruled back in 2020 that the definition of sex discrimination and employment did include gender identity and sexual orientation then this Title Nine definition matches that so the fact that the Supreme Court was unwilling to issue the injunction uh might also give us a um a fair reading that their Direction and the merits uh could they overturn that 2020 case in in terms of the protections and employment as well we're getting into a very rocky area for the Supreme Court which makes our elections so important and definitely issue that the Harris waltt ticket should run on will run on and I think you're absolutely right it's a winning issue for them absolutely it brings not only women but people that support women and people who are just liberals and progressives to the polls um as we joked um Gallo's humor before we started recording um Donald Trump has a knack for getting his old white guy constituency really really Maga really really excited and happy but you don't win an election based on an excited ometer it's not like how excited you can make your base how much they jump up and down like minions and some sort of cartoon okay they only have one vote so what is the natural constitu constituency for Donald Trump to win an election there's a lot of polling now that shows that kamla Harris has like five or six different ways and paths to the presidency Donald Trump's are narrow because his base is narrow and there aren't enough old white people or Maga people to get him elected to national office and he knows it and he knows it's slipping away that's why we're seeing his natural reaction when he's cornered like a rat is to try to fight back and bite back at people and that's where you see his inherent natural racism anti-woman misogyny come out in in full bloom this five to four uh majority opinion is very very interesting because of its makeup let's go over who the five to4 is and who it's not and then we'll kind of compare and contrast the three-page percum decision which means nobody wrote it everybody wrote it for the five and the majority and the four page the four person nine page descent written and penned by by Justice so mayor so the lineup for the descent is so mayor I get that Kagan totally get that uh koni Brown Jackson totally get that and Neil Gorsuch somehow slipped into that descent don't get that except when it comes to things like gay rights lgbtq plus rights guch is not as reliable alt-right Maga as his other fellow justices and sometimes votes um in the right way and here at least when it came to because this was a procedural issue the the underlying substance of the case was not decided by this decision only the only question was whether an emergency application by the Biden Harris uh Administration prosecuted by the solicitor general was going to be granted to stop the enforcement of an A A Nash Nationwide ban that was put in place by a couple of federal trial judges and ultimately by two very right leaning uh conservative appellant courts one being the fifth that sits in Louisiana Over Texas or not and for the trial judges they were like oh the whole thing's really complicated and so we're just gonna we're just gonna block the whole thing until it's fully adjudicated and to the government to Harris and Biden it was like it's not complicated you have a a few rules about transgender bathrooms pronouns how they're treated it being a fundamental uh aspect of Title 9 discrimination contrasted with title 7 discrimination which is what most people in the workplace Sue under it's a different title but they sometimes overlap and they sometimes take from each other in terms of interpr interpretive rules interpretive law and so this battle between there's always a tension between Title 9 and title 7 so I could see where all right you want to table the transgender issue to allow for a fuller record to be developed and full briefing and oral argument sure there's an oral argument coming up in one of the appellant decisions in this matter in October okay great but the arrest of of this Omnibus what what uh the solicitor general light rightly called an Omnibus uh rule making by the by the Biden Harris Administration to address a lot of things why is that put on Ice why isn't that being implemented let me give you an example Dina and to our audience there's a list in footnote um one of the Descent by Soto mayor that because every headline here including on Scot's blog which I read was like transgender rights blocked from being implemented in a setback to the Biden Harris Administration or something like that but it wasn't just transgender rights here's what the full list of things that have been blocked now by this decision by the United States Supreme Court these Provisions include a provision requiring access to lactation spaces for pregnancy and reasonable modifications for pregnant students such as restroom breaks right we have pregnant students that are students um a provision of affirming the legal rights of parents and Guardians to act on behalf of students three Provisions addressing a school's obligations in responding to claims implicating Title 9 including notification requirements coordinator duties on campus for somebody in the Title Nine office grievance procedures and protection of personally identifiable information um a provision addressing a school's obligation to designate a title 9 coordinator and adopt and imp implement non-discriminatory policy and a grievance procedure a provision clarifying that the Department of Education will not be will not have been a recipient to have violated the title 9 regulations um and then another provision addressing the pre-employment inquiries the school may make regarding an individual's marital status and sex and then also goes on to talk about separate living uh facilities for people depending upon their gender identity that's a very long list of people that are being protected I just finished uh successfully on behalf of a plaintiff in Title 9 and made new law in in the seven circuit about who is a proper plaintiff under title 9ine having represented a person who um was a longtime mental health expert and uh provider of services to a major university in the midwest we won a major decision establishing as a new president new law who expanding the definition of a person who's covered by title 9 and then ultimately we got a resolution of the case that was in our client's favor but so I know this area reasonably well and and it is really important because lots of universities around the country don't have properly functioning Title Nine offices which they have been required to have since at least 1972 they don't have coordinators that are independent they don't have a proper reporting requirement they don't have a proper grievance investigation process they don't have a proper Appeals process and the and this is another thing the Biden Administration was trying to fix but to the majority the five in the majority they were just like I don't know they're all seem to be linked together how is transgender rights protection linked to whether you have a Title Nine coordinator or not or what the proper procedure is within that University it doesn't but to the five it was an excuse to just have to delay at the inevitable which is a year from now full briefing oral argument coming up down from the courts so it'll be a 2026 event that they're going to have to deal with that's why we're back to where we started Dena this is a gift to the campaign of kamla Harris and Tim Walls because it allows them to look the American people in the eye during the convention and otherwise in in campaigning and say we see you we see you transgender people we see you people that are concerned about their gender identity being discrimin discriminated against we see you pregnant women we see you women who don't want to be pregnant and that is who we're running for that shows you the broad tent of the democratic and Progressive wing of that party which is attractive obviously uh because KLA Harris her polling is going through the roof it's a reflection of kamla Harris and people being um turned on by her magnetism by her Charisma and Leadership but it's also a reflection that it's just a collective National sigh of relief you can almost hear it in the streets that they don't have to vote for Donald Trump and they have a viable not just viable but an amazing alternative in kamla Harris I said in a hot TI recently and this is a good thing this is a this is a compliment to K Harris not a not a criticism she is polling as well if not better than what pollsters referred to as the unnamed Democrat what does that mean that means when they do polling and they would say Okay ver Trump versus a no-name Democrat meaning take the personality and any baggage out of the equation who do you vote for and the unnamed Democrat always beat Donald Trump the problem is Joe Biden didn't beat Donald Trump because there was a uh you know there was a loss of votes because of him right now KLA Harris is pulling as good or better than the unnamed Democrat it shows you the strength of the Democratic position when we can when we debate on issues and not on personal attacks and and this this while again there is there are victims here because there are people that are on campus right now that are going to be denied pregnant people soon to be pregnant people transgender people who have to wait another year or two years or they're going to graduate or they're going to leave school because of the harassment and the discrimination and and and they are the unfortunate collateral damage here or the innocent bystanders but the bigger picture is getting kamla Harris elected and she has to take this bull by the horns and say in in an ad or in debate or in the convention and say I stand with you I've got your back because you've got mine and let's get to November 5 what do you think Tina I absolutely and you know Tim Walt says it so well we are just about taking care of our neighbors and I think that in in addition to This Joy movement that Harris Waltz has initiated it's that taking care of our neighbors because our neighbors are going to be affected by this ruling and other scotus rulings we for decades were able to rely on the expansion of our personal freedoms and personal rights by the Supreme Court because of the makeup of the Supreme Court and most of us took that a little bit for grounded and thought that was always going to be the case now our personal freedoms and our personal rights are going to be protected by the people that we vote for and not just ours but our neighbors because you have a neighbor or you know neighbor's neighbor who has a child who is um struggling with their gender identity or their sexual orientation or has been sexually harassed by a teacher or an administrator like that's out there um and it's taking care of our neighbors taking care of our community instead of uh bullying people name calling people minim iing people um like that Trump advance and Trump has done for years it's that idea of why can't we live in a country where we respect people's personal decisions keep the government out of your business and help take care of our neighbors and we're going to be doing that by voting for Harrison Walt because we cannot count on the Supreme Court to do it right now and and they have certainly showed that with this latest ruling absolutely a vote for a vote for uh KLA Harris and Tim Walls is a vote for a better balance Supreme Court that fits on a bumper sticker could be a five to four Supreme Court if they get in control Joe Biden only had one opportunity to replace a Supreme Court Justice I expect her to be at least one if not two during the next Administration hopefully the Harris Wall's administration every week especially as we lead into the October term of the United States Supreme Court you're going to hear from Dina doll and me talking about things Supreme Court Shadow docket legal AF if you will we'll be here regularly doing this just like this day in and day out uh Dean I can't think of anybody better to do it with on the network uh follow Dana D here on the Midas touch Network Regular legal contributor uh she's also stands in regularly on legal AF when we have a when we have a no- show when we have somebody traveling and we always you're right we I love the no shows right and so again always always great to jump on here and do this and do this with you Michael popok Dean and D reporting about the United States Supreme Court decision against people students people who are pregnant people who want to be pregnant people whose gender identity is at risk in this latest Supreme Court decision plays right into the hand KL Harris We'll have more on legal AF and the mest touch Network right here shout out to the mest mighty love this video make sure you stay up toate on the latest breaking news and all things midest by signing up to the midest touch newsletter at midest touch.com newsletter