Facts Matter — Supreme Court Justice Warns of ‘Greatest Danger’ Facing America

Podcast: Facts Matter | Host: The Epoch Times
Episode Date: November 19, 2025

Overview

This episode provides a comprehensive review of recent Supreme Court developments, including significant legal battles around mail-in ballots, gay marriage, and transgender passport designations. Central to the episode is Justice Neil Gorsuch’s warning about America’s greatest internal threat: a lack of civics education. The episode explores this theme through direct quotes and ties it to broader judicial concerns, before diving into legal updates on high-profile cases and upcoming Supreme Court decisions.

Key Discussion Points & Insights

1. Supreme Court Justice Neil Gorsuch on the ‘Greatest Danger’ to America

• Justice Gorsuch gave a rare interview on November 12th, where he identified the decline in civics education as America’s greatest danger—not foreign adversaries or technology.
  • Quote (Neil Gorsuch, 00:57):
    “Over half of Americans can't pass the citizenship exam. We expect people who come to this country to pass. Most Americans cannot name the three branches of government. And if you ask me what the greatest danger America faces today, it's itself.”
• Promotion of Civics Education:
  • Gorsuch discussed his new children’s book, aimed at teaching foundational stories about American history, tying it to the upcoming 250th anniversary of the Declaration of Independence.
  • Quote (Gorsuch, 01:40):
    “Over the next year we're going to be celebrating a lot of dates and events with fireworks. And I just wanted to share with children some stories about the courage and sacrifice of the heroes behind 1776 who gave us our Constitution and our liberties.”
• Importance Shared Across Justices:
  • Quote (Gorsuch, 02:05):
    “This is one thing my colleagues and I really agree on is the importance of bringing civic education to our children.”
  • Several justices, including Sonia Sotomayor, Amy Coney Barrett, and Ketanji Brown Jackson, have published books aimed at educating the public and younger generations about civics and the Constitution.

2. Gay Marriage: The Kim Davis Case and the Court’s Stance

• Background:
  The episode revisits the 2015 Obergefell v. Hodges ruling that established marriage equality nationwide and details post-decision resistance—including the case of Kim Davis, a Kentucky county clerk who refused to issue marriage licenses to same-sex couples.
  • Notable moment: Davis denied a license to David Moore and David Ermold, citing “God’s authority.”
  • After a protracted legal battle, a federal jury ordered Davis to pay $100,000 in damages (02:30–04:00).
• Appeal to Supreme Court:
  • Davis petitioned the Supreme Court to overturn Obergefell, citing both religious grounds and shifts in Court composition.
  • Despite prior remarks by Justice Clarence Thomas about potentially revisiting the ruling, the Supreme Court declined to hear the case on November 10, 2025, leaving marriage equality intact for now.

3. Mail-In Ballots: Upcoming Supreme Court Decision

• Mississippi Case:
  The Supreme Court agreed to hear a challenge to Mississippi’s law allowing mail-in ballots, postmarked by Election Day, to be received up to five days after.
  • Plaintiffs (RNC, Mississippi GOP, Libertarian Party) argue that this practice:
    1. Violates the federal election date set by Congress,
    2. Dilutes ballots cast on time,
    3. Disproportionately benefits Democratic voters.
  • Memorable Point (08:30):
    “The late votes dilute ballots that were cast on time and force the party to expend extra resources on post-election day poll watching.”
• State’s Defense:
  • Mississippi counters that ballots are “cast” when mailed by Election Day, thus aligning with federal law.
• Unusual Dynamics:
  • Host notes Mississippi is a Republican stronghold, highlighting the intra-party disagreement over election procedures (09:45).
• National Impact:
  • Over a dozen states allow ballots received after Election Day. A ruling in favor of the GOP could require major changes before the 2026 midterms.

4. Transgender Passports: Supreme Court Upholds Birth-Sex Markers

• Case Summary:
  The Supreme Court permitted the Trump administration to enforce a policy requiring passports to reflect a person’s sex as assigned at birth (12:30–18:00).
• Trump Administration’s Argument (Solicitor General Dean John Sauer):
  • Quote (16:10):
    “The district court injunction blocking the policy has no basis in law or logic. Private citizens may not compel the government to use inaccurate sex designations on identification documents... The injunction harms the government by forcing it to speak to foreign governments in contravention of both the President’s foreign policy and scientific reality.”
• ACLU’s Counterargument:
  • The policy was said to be unconstitutional and harmful to transgender individuals, especially those traveling to less tolerant countries.
• Supreme Court Ruling:
  A split decision (with Justices Jackson, Kagan, and Sotomayor dissenting) allows the policy to continue—at least while remaining litigation plays out.
  • Majority’s Note:
    “Displaying passport holder sex at birth no more offends equal protection principles than displaying their country of birth. In both cases, the government is merely attesting to a historical fact without subjecting anyone to differential treatment.”

Notable Quotes & Memorable Moments

• Gorsuch on Civics (00:57):
  “If you ask me what the greatest danger America faces today, it’s itself.”
• Children's Education (01:40):
  “I just wanted to share with children some stories about the courage and sacrifice of the heroes behind 1776...”
• Mail-In Ballot Challenge (09:10):
  “The late votes dilute ballots that were cast on time...”
• Transgender Passport Policy (16:10):
  “Private citizens may not compel the government to use inaccurate sex designations...”
• Majority Opinion on Passport Ruling (18:00):
  “Displaying passport holder sex at birth no more offends equal protection principles than displaying their country of birth...”

Timestamps of Important Segments

• 00:57 – Justice Gorsuch’s Interview & Civics Warning
• 01:40 – Discussion of Gorsuch’s Children’s Book
• 02:05 – Supreme Court’s Unified Support for Civics Education
• 03:00 – Recap of Obergefell, Kim Davis Case
• 06:45 – The Supreme Court Declines to Hear Davis Case
• 08:20 – Mississippi Mail-In Ballots Case Explained
• 10:10 – Implications for Election Law in GOP Stronghold
• 12:30 – Supreme Court on Transgender Passport Policy
• 16:10 – Government’s Argument on Passport Sex Designations
• 18:00 – Ruling and Dissent in Passport Case

Tone & Style

The host adopts a clear, fact-driven style, seeking to explain complex legal matters without spin or editorializing, though with some wry commentary on political irony and the shifting composition of the Supreme Court. Direct citations and quotes preserve the authoritative and straightforward tone characteristic of traditional journalism.

Conclusion

This episode distills several of the Supreme Court’s most consequential recent developments, focusing on the critical issue of civics education as stressed by Justice Gorsuch. It also highlights the ongoing significance of Supreme Court decisions on cultural and electoral issues, providing listeners with a thorough, accessible explainer on current legal battles shaping American life.