The 47 Morning Update with Ben Ferguson

Episode: Pardon-palooza: Biden Plans to Pardon EVERYBODY, plus Supreme Court Hears Challenge to Law Prohibiting Sex Transition Surgeries for Kids
Release Date: December 6, 2024
Host: Ben Ferguson
Guest: Senator Ted Cruz
Publisher: Premiere Networks

1. White House Pardon Plans: "Pardon-palooza"

Overview: In this segment, Ben Ferguson and Senator Ted Cruz delve into the White House's unexpected and extensive pardon plans. They discuss how their previous podcast predictions about President Biden issuing a barrage of pardons have come to fruition, aligning with insights shared on the Verdict with Senator Ted Cruz podcast.

Key Discussions:

• Predictions Fulfilled: Ferguson emphasizes that their Wednesday podcast accurately forecasted the Biden administration's intent to issue numerous pardons, including high-profile figures such as Adam Schiff, Liz Cheney, and Anthony Fauci.

  Ben Ferguson [00:23]: "We predicted that the left-wing media and Democrats were pressing Joe Biden to issue a ton more pardons... the White House immediately came out and said, expect more pardons."

• Politico's Confirmation: The duo references a Politico report by Jonathan Martin, which confirms internal debates within the White House about preemptive pardons for officials who might face scrutiny from Donald Trump upon his potential return to the White House.

  Ben Ferguson [04:13]: "Politico issued a report entitled 'Biden White House is Discussing Preemptive Pardons for Those in Trump's Crosshairs,' which was exactly what we predicted."

• Democratic Endorsements: Interestingly, several Democrats, including Senator Ed Markey and Congressman Brendan Boyle, advocate for blanket pardons to protect Democratic figures from potential legal repercussions tied to Trump’s administration.

  Senator Ed Markey [06:46]: "If it's clear by January 19th that revenge is his intention, then I would recommend to President Biden that he provide those preemptive pardons."

• Hypocrisy and Power Abuse: Senator Cruz criticizes the Democrats' stance, highlighting the potential abuse of presidential pardon power and questioning the lack of legislative follow-through on proposed transparency measures by figures like Adam Schiff.

  Senator Ted Cruz [08:10]: "Adam Schiff, why aren't you introducing this legislation all over again so we can know all of the people that are going to be pardoned and why they're being pardoned?"

Notable Quotes:

• Adam Schiff [07:07]: "The Congress ought to know whether the President is using the pardon power to obstruct justice. The American people have a right to know."

• Bill Clinton [10:01]: "Why this is so delicate, because the White House counsel and a handful of senior White House aides... do you want to pardon somebody like Liz Cheney or Anthony Fauci and suggest any kind of impropriety?"

Conclusion: Ferguson and Cruz express deep concern over the breadth of the proposed pardons, arguing that they represent a significant overreach of presidential power. They emphasize the lack of accountability and the potential for systemic abuse within the pardon process, especially when targeting political adversaries.

2. Supreme Court Case: Tennessee's Law on Sex Transition Surgeries for Minors

Overview: The podcast transitions to a critical Supreme Court case challenging Tennessee's legislation that prohibits sex transition treatments for minors. Ferguson and Cruz analyze the arguments presented, the Court's deliberations, and the broader implications for transgender rights and children's welfare.

Key Discussions:

• ACLU's Position: The ACLU challenges Tennessee's law, arguing it infringes upon constitutional rights by preventing state intervention in medical decisions made by parents and doctors regarding transgender care for minors.

  ACLU Lawyer [21:10]: "These are parents who love their children, who are listening to the advice of their doctors... and doing what's right for their kids. And the state of Tennessee has displaced their judgment."

• Tennessee's Justification: Tennessee defends its law as a protective measure against what it terms as "mutilation and sterilization" of children undergoing gender transition treatments, framing it as a safeguard for minors' well-being.

  Senator Ted Cruz [21:52]: "If you're mutilating a child at 2 and 3 and 4 years old, that's child abuse."

• Supreme Court Deliberations: The court's internal debates reveal a stark ideological divide. Justice Sotomayor downplays the risks associated with such medical treatments, equating them to the use of common medications like aspirin, while Justice Ketanji Brown Jackson draws parallels between Tennessee's law and the historic Loving v. Virginia case, which tackled racial discrimination in marriage.

  Justice Sotomayor [24:42]: "Every medical treatment has a risk. Even taking aspirin... The question is, can you stop one sex from the other."

• Conservative vs. Liberal Perspectives: Ferguson critiques the liberal justices' stance, arguing that equating gender transition treatments with racial discrimination is a misapplication of constitutional principles. He anticipates the court will uphold Tennessee's law, citing the justices' tendencies to defer to state legislatures on contested medical issues.

  Ben Ferguson [32:37]: "I think the Supreme Court is going to uphold Tennessee's law... it's a judgment for the state legislatures to make."

• Potential Outcomes: Ferguson outlines three possible decisions from the Supreme Court:

  1. Affirm the Law: Uphold Tennessee's ban on sex transition surgeries for minors.
  2. Strike Down the Law: Declare the law unconstitutional, thereby allowing such treatments.
  3. Intermediate Scrutiny: Apply a middle-ground standard, which he views as unlikely.

Notable Quotes:

• Justice Ketanji Brown Jackson [26:33]: "Can you stop one sex from the other?"

• Senator Ted Cruz [27:53]: "This is why elections are so important... these are the people that make unbelievable decisions and it deals with kids' futures."

Conclusion: Ferguson and Cruz advocate for the preservation of Tennessee's law, framing it as a necessary protection for minors against irreversible medical procedures. They express skepticism towards the liberal justices' interpretations and predict a majority decision in favor of upholding state authority over medical decisions pertaining to children. The discussion underscores the broader cultural and political battles surrounding transgender rights and the role of the judiciary in mediating these conflicts.

3. Additional Commentary and Perspectives

Political Hypocrisy and Accountability: Throughout the episode, Ferguson and Cruz highlight what they perceive as hypocrisy within the Democratic Party, particularly regarding the use of legal systems for political persecution. They reference historical instances, such as Adam Schiff's 2018 proposal to curb presidential pardon abuses, questioning why similar measures aren't currently being pursued.

Senator Ted Cruz [12:29]: "You think Biden should be... [Adam Schiff] we've all seen this hypocrisy."

Impact on Future Governance: The conversation extends to the implications of these pardon plans and judicial decisions on the future integrity of governmental institutions like the Department of Justice and the FBI. Ferguson underscores the importance of these bodies operating impartially, irrespective of political affiliations.

Ben Ferguson [12:51]: "I do not want to see a Republican Department of Justice... I want a Department of Justice that enforces the law regardless of party."

Public Accountability: Ferguson points to internal Democratic discontent regarding Biden’s pardoning of Hunter Biden, suggesting that internal factions may hold up their end in demanding accountability, potentially hampering blanket pardon strategies.

Ben Ferguson [16:13]: "The only limitation is public pressure, public scrutiny. The only thing that constrains presidents is they don't want the world to know that they're utterly corrupt hacks."

4. Predictions and Final Thoughts

Ferguson’s Predictions: Ben Ferguson is confident that the Supreme Court will uphold Tennessee's law, predicting a 6-3 decision favoring the state's stance. He argues that the court will likely defer to state legislatures' judgments on sensitive medical issues involving minors.

Ben Ferguson [32:37]: "I think there's a very good chance that this will be a 6:3 decision upholding the Tennessee law."

The Importance of Elections: Senator Cruz emphasizes the critical role of elections in shaping judicial and executive actions, positing that the absence of conservative leadership allows for the ascendancy of what he terms "radical activists" within the judiciary.

Senator Ted Cruz [38:54]: "This is why elections are so important... Conservatives get elected because these are the people that make unbelievable decisions."

Final Takeaway: The episode closes with a strong advocacy for informed voting and active participation in the political process to prevent what Ferguson and Cruz perceive as overreach by the current administration and judicial appointments. They urge listeners to stay engaged and vigilant to uphold constitutional principles and protect individual freedoms.

Conclusion

In this episode of The 47 Morning Update with Ben Ferguson, the hosts provide a critical analysis of the Biden administration's expansive pardon plans and a pivotal Supreme Court case challenging Tennessee's restrictions on sex transition surgeries for minors. Through detailed discussions, notable quotes, and incisive commentary, Ferguson and Cruz articulate their concerns over potential abuses of power and the erosion of constitutional safeguards. They advocate for vigilant political participation and judicial conservatism as bulwarks against what they view as overreach by liberal factions within the government.