SCOTUS Hears TN Trans Case & South Korea Chaos | 12.4.24

Summary

Morning Wire Podcast Summary Episode: SCOTUS Hears TN Trans Case & South Korea Chaos | December 4, 2024

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Introduction

In this episode of Morning Wire, Editor-in-Chief John Bickley and co-host Georgia Howe delve into three significant events shaping the political and social landscape: the Supreme Court's hearing of a landmark Tennessee transgender medical procedures case, the abrupt declaration of martial law in South Korea by President Yoon Suk Yeol, and the notable shift to the right in California politics, particularly highlighted by the defeat of Los Angeles County's progressive District Attorney George Gascon.

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1. Supreme Court Hears Tennessee Transgender Medical Procedures Case

Overview of the Case

The Supreme Court convened to hear a pivotal case challenging a Tennessee law that bans transgender medical procedures for minors. This legislation prohibits doctors and healthcare providers from performing gender-affirming surgeries, administering puberty blockers, or prescribing hormones to individuals under 18. The case draws parallels to the #Dobbs decision, potentially heralding a significant shift in the protection of children's rights in the United States.

Arguments and Stakeholders

• Proponents of the Tennessee Law: Advocates argue that children are at heightened risk of self-harm if subjected to gender-affirming treatments. Mary Margaret Olahan, a senior reporter for The Daily Wire, highlighted that conservative activists, including Matt Walsh, played a crucial role in bringing this legislation to the forefront. Walsh, who is set to speak at a rally supporting the law, stated, “Essentially, they're alleging that doctors and parents have a constitutional right to castrate, sterilize and mutilate gender confused kids” (03:24).

• Opponents of the Law: Organizations like the American Civil Liberties Union (ACLU) and the Human Rights Campaign argue that the Tennessee law is a blatant act of hate against transgender youth. Chase Strangio, a trans-identified lawyer representing the ACLU, asserted, “Tennessee has categorically banned medical treatment for adolescents only when that treatment is prescribed in a manner that Tennessee considers inconsistent with a person's sex. So what we're arguing before the Supreme Court is that, look, this is a simple example of sex discrimination” (04:29).

Legal Perspectives

Mary Margaret Olahan emphasized that Tennessee's legal stance is not about protecting the rights of transgender children but rather about restricting the actions of doctors and parents. The state's legal team argues that since states license doctors and regulate medical practices, their law is within constitutional bounds. Moreover, Tennessee points out that over 20 other states have enacted similar laws, seeking to set a precedent for nationwide adoption.

Implications

The Supreme Court's decision in this case could have far-reaching consequences, potentially empowering other states to implement similar restrictions and significantly impacting the rights and healthcare of transgender youth across the nation.

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2. South Korea's Martial Law Crisis

Declaration and Immediate Aftermath

South Korean President Yoon Suk Yeol declared martial law in response to perceived threats from North Korean communist forces. This drastic measure was announced unilaterally, leading to immediate clashes between military forces and civilians in Seoul. The martial law order, however, lasted less than three hours before being rescinded.

Details of the Declaration

Reporter Tim Pierce provided a comprehensive account of the events:

• President Yoon cited 22 impeachment motions against government officials and threats of further impeachments.
• He portrayed the government's state as paralyzed due to these political upheavals and external threats from North Korea.
• Yoon attempted to justify the martial law declaration by claiming the need to address pro-North Korean elements undermining national sovereignty.

Legal and Political Analysis

Bruce Klingner, a senior research fellow at the Heritage Foundation, critiqued the legality of Yoon's actions:

“There is a clause which he cited in his declaration as allowing the president to declare martial law, but that is reserved for war, armed conflict or a national emergency, none of which seems to be prevalent here” (07:50).

Klingner further stated, “He [Yoon] really has created a constitutional crisis, even if right now it's short-lived. However, it certainly gives the opposition sufficient grounds to move to impeach him” (08:07).

Consequences

The swift backlash, including condemnation from within Yoon's own party and an emergency parliamentary vote to lift martial law (190-0), underscores the fragility of his political standing. This incident poses a potential threat to US influence in the region, especially given Yoon's previously strong ties with Washington and the current geopolitical tensions involving China and North Korea.

Conclusion

The brief imposition of martial law in South Korea has plunged the nation into a constitutional crisis, shaking one of Asia's most stable democracies and raising concerns about regional stability and international alliances.

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3. California's Shift to the Right: The Defeat of District Attorney George Gascon

Election Outcome

In a significant political upheaval, Los Angeles County voters decisively defeated progressive District Attorney George Gascon. This defeat is emblematic of a broader statewide shift towards law and order, moving away from progressive policies that have previously dominated California's political discourse.

Analysis by Dr. Houman Hamadi

Dr. Houman Hamadi, a California entrepreneur and board-certified physician, provided insights into Gascon's downfall:

“Gascon's overwhelming defeat is a sign that people in LA were absolutely fed up with every single thing he stood for. He took office saying that I'm going to be a fair prosecutor... But what he really meant is he's not going to prosecute anyone” (09:39).

Hamadi criticized Gascon's administration for:

• Issuing directives that drastically limited prosecutions, focusing only on serious crimes like mass murder.
• Alienating his own deputy district attorneys by undermining their prosecutorial efforts.
• Failing to prioritize victims' rights and public safety, leading to increased crime rates and public dissatisfaction.

Turning Points and Public Perception

Hamadi noted that the growing crime rates, including theft, assaults, and the deterioration of public spaces, eroded public trust in Gascon's policies. The cumulative effect of rising criminality and neglect of public safety concerns culminated in widespread voter disillusionment.

Statewide Implications

The shift in Los Angeles reflects a larger trend across California, where voters are increasingly prioritizing public safety over progressive reforms. Hamadi highlighted the reversal of Proposition 47 through Prop 36, reinstating criminal penalties for repeat offenders in theft and drug-related crimes. This legislative change, combined with the election of more conservative district attorneys, signals the dawn of a new era focused on law and order.

Governor Gavin Newsom's Stance

Despite the clear public mandate for increased public safety measures, Governor Gavin Newsom remains resistant to these changes. Hamadi emphasized:

“Newsom has shown no signs of changing his tune. He has signaled absolutely nothing regarding realigning his policies and his viewpoints with how the people feel” (13:39).

Newsom's continued efforts to reduce prison populations and resist law-and-order reforms stand in stark contrast to the electorate's current preferences.

Conclusion

The electoral defeat of George Gascon and the ongoing legislative shifts in California underscore a significant realignment in voter priorities. Californians are moving away from progressive policies that have previously dominated the state's politics, instead embracing a focus on public safety and robust law enforcement.

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Final Thoughts

This episode of Morning Wire provides a comprehensive analysis of critical issues affecting the United States and its allies. From the Supreme Court's deliberations on transgender rights and South Korea's political turbulence to the evolving political landscape in California, hosts John Bickley and Georgia Howe deliver insightful commentary on events shaping today's world.

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Note: Timestamps correspond to the podcast transcript times for reference.

Transcript

[Daley Weyer]

The Supreme Court hears a landmark case on a Tennessee law banning transgender medical procedures on children.

[John Bickley]

In the end, this case could very well turn out to be a Dobbs style earthquake in the fight to protect children in this country.

[Georgia Howe]

We discuss the two sides arguments and the stakes of the high Court's ruling.

[Daley Weyer]

I'm Daley Weyer, Editor in Chief John Bickley with Georgia Howe. It's Wednesday, December 4th, and this is Morning Weird. In a drastic move, South Korea's president declares martial law, citing threats of North Korean communist forces.

[Georgia Howe]

And while California's governor is vowing to resist Trump, the state saw a massive shift to the right this year, particularly on the issue of public safety.

[Daley Weyer]

Thanks for waking up with MORNING wire. Stay tuned. We have the news. You need to know.

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[Georgia Howe]

The Supreme Court will hear oral arguments today in what's being called the marquee case of this term dealing with gender transition procedures for children.

[Daley Weyer]

The hot button case is drawing big crowds to Washington, D.C. where conservative activists, including the Daily Wire Zone Matt Walsh, will rally outside. Joining us is Daily Wire senior reporter Mary Margaret Olahan, who's on Capitol Hill now. Hey Mary Margaret, so what's at stake in this case?

[Mary Margaret Olahan]

Good morning, John. So yes, today is historic. This is the first time the Supreme Court will hear a case dealing with the legality of medical gender transitions for minors. And this is a case that hinges on a Tennessee law banning doctors or healthcare providers from performing so called gender affirming surgeries or hormonal procedures on minors, including surgery, puberty blockers and hormones. Activists in some medical groups have argued that children who identify as transgender need these surgeries and hormones. And they also argue that if these kids are denied these procedures, they might kill themselves. That's a claim that has been disputed for years. Recent research suggests that young people are actually more at risk of self harm if they're taking hormones or if they've had gender surgeries.

[Daley Weyer]

Right now, a big investigation by Matt Walsh actually played a key role in getting this legislation on the table.

[John Bickley]

Talk.

[Daley Weyer]

Talk to us about that.

[Mary Margaret Olahan]

Yes, Walsh was a major player here. He has spent the last several years exposing the gender ideology industry, particularly through an investigation into Vanderbilt University Medical center and their gender transition procedures for kids. That September 2022 investigation prompted Tennessee lawmakers to bring forward the legislation that's at the heart of this case. And as you mentioned at the top, Walsh is actually going to be speaking at the rally today and he'll be joined by over a dozen organizations, as well as doctors, detransitioners like Chloe Cole, activists and others. Here's Walsh's take on this case.

[John Bickley]

Essentially, they're alleging that doctors and parents have a constitutional right to castrate, sterilize and mutilate gender confused kids. So this is not about the constitutional rights of the kids, at least from their perspective. They're saying that the doctors and parents have a constitutional right to do this to children. Whereas us over here are saying that children have a constitutional right, human rights, and that means that they should be protected from this kind of treatment.

[Mary Margaret Olahan]

Far left organizations like the American Civil Liberties Union and the Human Rights Campaign have also planned protests outside the court this morning.

[Daley Weyer]

Yeah, in terms of the other side on this issue, what are we hearing from the left?

[Mary Margaret Olahan]

Well, groups like the ACLU are arguing that Tennessee hates so called trans youth and wants to ban them from receiving care. And the media is really echoing a lot of those claims. The ACLU is sending a trans identifying lawyer to argue on behalf of their case. That lawyer's name is Chase Strangio, a woman who identifies as a man and also underwent transgender procedures to try and look more masculine. Here's Strangio explaining how she'll argue today.

[Chase Strangio]

Tennessee has categorically banned medical treatment for adolescents only when that treatment is prescribed in a manner that Tennessee considers inconsistent with a person's sex. So what we're arguing before the Supreme Court is that, look, this is a simple example of sex discrimination.

[Daley Weyer]

Now, Tennessee is battling both the ACLU and the Biden administration here. What legal arguments is Tennessee making?

[Mary Margaret Olahan]

Well, I'm told Scarmetti's office will argue that the sex discrimination argument doesn't really make any sense since boys and girls are fundamentally different. They've also argued that it's the states who license doctors and regulate medical practices. And they've already pointed out that more than 20 other states have passed similar laws protecting kids. So advocates are hoping that a Supreme Court win will embolden states across the nation to follow Tennessee's lead.

[Daley Weyer]

We'll be watching the hearing and you're reporting on it with interest. Mary and Margaret, thanks so much for coming on.

[Mary Margaret Olahan]

Anytime.

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[Daley Weyer]

Members of the military clashed with civilians in Seoul yesterday after South Korea's president declared martial law. The order lacked lasted less than three hours, but left the Asian nation in a constitutional crisis.

[Georgia Howe]

Here to talk about the chaotic turn of events in South Korea is Daily Wire reporter Tim Pierce. So Tim, what happened yesterday?

[Tim Pierce]

Yeah, it began on Tuesday night, local time, when South Korean President Yoon Suk Yeol declared martial law over the country. The president gave an unannounced speech in which he blamed pro North Korean elements in the government for undermining national sovereignty. He set the tone in the opening sentence, which translates I appeal to you with a feeling of spitting bl. He went on to cite 22 impeachment motions passed against officers in his government since 2022 and said lawmakers plan to impeach 10 more. He said the situation is not only unprecedented in any country in the world, but has never been seen since the founding of our country. He also cited the parliament's disapproval of his budget proposal. Yoon said the government is in a state of paralysis due to impeachment, special investigation and the defense of the opposition leader. He promised to lift martial law after he had dealt with North Korean communist forces and shameless promot North Korean anti state forces from the government. The order put strict rules on the media and sent the military to break up political activity. His attempted purge didn't last long after even his own party leaders denounced his order and the parliament voted 190 to 0 to lift it in an emergency session early Wednesday morning.

[Georgia Howe]

Now, does Yoon have the authority to declare martial law like that just unilaterally?

[Tim Pierce]

Yoon's order probably was unconstitutional and Yoon's impeachment is now likely. That's according to the Heritage Foundation's senior research fellow, Bruce Klingner, an expert on Northeast Asia. Morningwire talked to Klingner and here's some of what he said.

[Bruce Klingner]

There is a clause which he cited in his declaration as allowing the president to declare martial law, but that is reserved for war, armed conflict or a national emergency, none of which seems to be prevalent here.

[Tim Pierce]

This could spell the end of Yoon's career in politics.

[Bruce Klingner]

Here's Klingner again, suspending several constitutionally guaranteed freedoms based on seemingly flimsy evidence. He really has, I think, created a constitutional crisis, even if right now it's short lived. However, it certainly gives the opposition sufficient grounds to move to impeach him.

[Tim Pierce]

This move by Yoon sparked serious concern in the White House. But more than that, if Yoon does go down because of this, that would be a blow to US Influence in the region. Yoon has been on very friendly terms with Washington. He even sang American Pie during a White House visit last year. The opposition party, which likely stands to benefit from Yoon's fall, is far friendlier to China's and North Korea's interests. Klingner went on to point out that this really comes at an inopportune time for the US With China's threat growing and Japan's leadership going through a change of its own.

[Georgia Howe]

Still a shocking development coming from one of the most stable countries in Asia and of course, our ally. Tim, thanks for reporting.

[Tim Pierce]

Good to be on.

[Georgia Howe]

This year's election signaled dramatic movement to the right in several deep blue areas, including Los Angeles county, where voters ended the reign of progressive District Attorney George Gascon.

[Daley Weyer]

Joining us now is California entrepreneur and board certified physician, Dr. Houman Hamadi. Thank you so much for coming on. So we witnessed in November an overwhelming defeat for LA's District Attorney George Gascon, who really went down in flames. First, why did Gascon lose and so badly?

[Houman Hamadi]

It's a great question. Look, Gascon's overwhelming defeat is a sign that people in LA were absolutely fed up with every single thing he stood for. He took office saying that I'm going to be a fair prosecutor. I'm not going to prosecute people based on race. I'm not going to prosecute people based on gender or socioeconomic background, et cetera. But what he really meant is he's not going to prosecute anyone. Gascon's first action when taking office was to send a directive to all of his deputy district attorneys telling them that under no circumstance may they prosecute basically anything except for mass murder. I'm Obviously exaggerating, but he went so far overboard that not a single deputy of his stood alongside him in support. And so he was basically fighting his own deputies the entire way, taking the side of criminals over the victims in every single case. And it was only when there was intense public pressure and media scrutiny around the time of the recall attempt and around the time of the reelection campaign that he ever even showed any sign of caring about victims.

[Daley Weyer]

Were there any particular turning points in terms of public perception of Gascon?

[Houman Hamadi]

There was not just one single turning point. I think the entire era of Gascon is going to go down as a black moment in LA County's history because of the surging crime and of the fact that every single person became a victim in one way or another. Either they had their packages stolen, their bike stolen, their car broken into multiple times they were assaulted, or even if they weren't directly impacted in such a way, the stores they would go into would have the products locked up. Stores would be closing because they got burglarized so many times. You would have people having to walk over piles of needles and drug waste in parks and beaches just to be able to get from one place to another, or sidewalks, et cetera. It became an era marked by criminality and filth and lack of any sense of public safety. And all of that combined, which is something that no person could ignore after a period of time, created this sense that this is a guy who has to go.

[Daley Weyer]

Do you see evidence of what played out in LA in terms of views on law and order is happening statewide in California?

[Houman Hamadi]

There is a massive statewide shift in California in the direction of public safety and the priority that public safety should take over all other issues, including all of the woke virtue, signaling that for a long time, until very recently, had dominated the discussion. Great example is Prop 47. It passed very nicely several years ago. It was one that said we are going to decriminalize most drug crimes and decriminalize most theft. It would not be a felony, and in fact it would not even be a crime, basically because no one was really prosecuted for any theft under $950 per occurrence. So people would go in, steal $949 worth of items, leave, come right back and do the very same over and over and over again with absolutely zero consequence. What's happening now is that the Prop 36 came about and did a large reversal, not a complete but a large reversal of Prop 47, reintroducing the criminal penalties for repeat offenders who steal and repeat offenders of drug crimes and this is something that combined with a prosecutor in Los Angeles county and in other areas of the state that also elected much better district attorneys will create a circumstance where public safety is prioritized over everything else. And I think we're here about to witness a new era for California, one that is a long time coming.

[Daley Weyer]

Now, Gavin Newsom tried to block Prop 36, but he failed. Do you think he's learned anything here or will he continue to try to stand in the way of these more common sense reforms?

[Houman Hamadi]

I'm very glad you asked. Newsom has shown no signs of changing his tune. He has signaled absolutely nothing regarding realigning his policies and his viewpoints with how the people feel. And in fact, he's doubling down on these policies. Newsom has yet to reverse his policy of shutting down prisons or reducing the number of beds that they have. And that's a key point. All of these new laws and the DAs are absolutely worthless without a place to incarcerate the felons. And so that's somewhere we need to go. And Newsom has shown no sign of changing his tune on that issue.

[Daley Weyer]

Some fascinating trends to be tracking in your state. Dr. Hamadi, thank you so much for coming on.

[Houman Hamadi]

You got it.

[Georgia Howe]

Thanks for waking up with us. We'll be back later this afternoon with more news. You need to know.

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