Jim Campbell (5:46)

Because the Supreme Court has recognized that there's nothing more odious to the First Amendment than the idea that the government can pick and choose ideas and say some cannot be expressed and others can be. And so whenever the government's engaged in viewpoint discrimination, the government has to meet a very, very high to justify silencing one view over another. In fact, the Supreme Court has never upheld a law that engages in viewpoint based censorship. And every court that has considered laws like the one at issue here involving counseling restrictions and applied strict scrutiny, they have all found that those laws don't satisfy strict scrutiny. And so the Supreme Court's decision today is the beginning of the end of applying these laws to silence counseling conversations between a counselor and their client.

Megyn Kelly (6:40)

At the center of the argument, whether what's happening in these sessions is actually speech or simply regulated medical conduct, Campbell says the court made clear it is protected speech.

Jim Campbell (6:52)

The Supreme Court said you can't play a word game under the First Amendment. You can't look at something that is obviously just a conversation between two people, a counselor and a client and relabel that conduct. You have to recognize it for what it is, which speech. And once we recognize that it's speech, then First Amendment protection applies. And once First Amendment protection applies, then the government can't engage in viewpoint discrimination because that's precisely what Colorado is doing here, discriminating based on viewpoints. The First Amendment prevents the state from doing that.

Megyn Kelly (7:28)

In arguing this ban applied to medical conduct, Colorado's solicitor general told the court the medical community is in agreement that trans identifying kids should only be affirmed in their gender confusion or they will suffer severe harm. At oral argument, Justice Alito pressing the state's solicitor general on that, noting the medical consensus has been wrong before. Like when we used to sterilize the quote feeble minded. More here from Campbell.

Jim Campbell (7:57)

The so called medical professionals don't always get it right. We see that historically in that the professed experts have often been wrong throughout history and eugenics is a great example of that here. What we've seen in the area of so called gender medicine is the professionals getting it wrong. For many, many years they've been encouraging young people to pursue so called medicalized transition where they're pursuing drugs and procedures in order to resolve gender dysphoria. But the reality is and what the best science now shows is that what kids need is a listening ear and they need the opportunity to talk through their feelings and their struggles and that's what licensed counselors like Kaylee Childs want to provide.

Megyn Kelly (8:44)

Campbell says the margin of the decision is significant, with nearly the entire court agreeing the law crosses a constitutional line.

Jim Campbell (8:52)

It's an eight to one opinion. Because viewpoint discrimination is so problematic, almost the entire court recognized just how problematic it is. For the state of colorad to pick one side of a debated moral, scientific and religious issue and to allow one side to speak in the counseling room but not another side is a direct affront to the First Amendment. And so that's why nearly the entire court came together and recognized that this law violates First Amendment principles.

Megyn Kelly (9:25)

As far as the lone dissenting vote, liberal Justice Ketanji Brown Jackson buying the argument that Colorado's law does not target speech but regulates instead medical treatments. Warning quote in the worst case scenario, our medical system unravels as various licensed health care professionals start broadly wielding their newfound constitutional right to provide substandard medical care. Campbell reacts here.

Jim Campbell (9:49)

Certainly Justice Jackson didn't even persuade Justice Kagan or Justice Sotomayor of those views. And that's because we have long regulated licensed professionals in this country, but we've never done so by silencing one view over another. Laws like Colorado's are historical outliers. These laws have not traditionally been in place because what we've allowed professionals to do is to have open dialogues with their clients. What we haven't done historically as a society is pick and choose views and shut down the ones that we don't like. And that's what the Supreme Court reacted against today. And that's why the Supreme Court said that this law violates the First Amendment.

Megyn Kelly (10:32)

The case now returns to the lower courts, where it will be reconsidered under that higher constitutional standard in the months ahead. At least 20 other states have similar laws on their books. Campbell predicts this ruling will significantly limit their enforcement. Democrat Congressman and candidate for California Governor Eric Swalwell sending a cease and desist letter to FBI Director Kash Patel seeking to block the release of files tied to his past contact with a suspected Chinese intelligence operative, according to the Washington Post Axios reporting in 2020. Christine Fang, otherwise known as Fang Fang, allegedly courting Swalwell and other politicians from 2011 to 2015. Fang Fang cultivating romantic relationships with at least two Midwestern mayors. Despite persistent rumors, no romantic relationship was publicly confirmed between Fang Fang and swalwell. Authorities approaching Mr. Swalwell's office in 2015 warning of Fang's suspected ties to China, at which point his office says contact was immediately cut off. The FBI at the time not accusing the congressman of any wrongdoing. A subsequent House Ethics Committee investigation into the matter concluding in 2023, with no action taken against Swalwell. The Washington Post reporting over the weekend that Director Patel, quote, dispatched agents to review and redact the files in a potential move to ready them for public release. In a copy of the letter reviewed by the Post, attorneys Shawn Hecker and Norman Ison argue releasing the files would violate federal privacy law, raise First Amendment concerns, and run counter to Justice Department rules meant to avoid influencing elections. From the letter, quote, the congressman has never been accused of wrongdoing in that matter, and your attempt to release the file is a transparent attempt to smear him and undermine his campaign for governor of California. Your actions threaten to expose you, others at the FBI and the FBI itself to significant legal liability. Congressman Swalwell at a Monday press conference addressing the matter.

Jeff Spalding (12:35)

The brave investigative revelations this weekend in the Washington Post and New York Times aren't just news stories. They're a diagnosis of a sickness, of a great Washington rot. They detail an effort by the federal government to manufacture deceit, to crush a campaign not with arguments, but with bruised purple fists of power. The president dreams of a servant in Sacramento, a Western White House. But unfortunately for him, our campaign is winning. Trump and Patel are trying to interfere in the California election. This case is closed, the Bureau said over 10 years ago all we did was help. But this effort to weaponize the FBI against the president's political enemy at a time that we are at war shows a distraction.

Megyn Kelly (13:30)

California's open primary set for June 2, with early voting beginning on May 5. Under that system, the top two vote getters advanced in November's general election, regardless of party. According to the Real Clear Politics average of all polls, Republican Steve Hilton leads the pack with 14.7%, Congressman Swalwell in second with 13.7%, followed by another Republican, Chad Bianco, who has 13, Democrat Katie Porter out of my fucking shot at 11.3 and Democrat Tom Steyer at 10.3%. The release of potentially damaging or embarrassing material could shift Swalwell's standing in the race and raised the possibility that the top two candidates advancing to November could both be Republicans. For now, the FBI has not responded publicly to the letter, and it remains unclear whether the documents will be released. Coming up, Tiger woods speaks out for the first time following his rollover car crash last week. And tonight, NASA preparing to send astronauts back toward the moon for the first time in half a century. If you are looking to make smarter choices for your health this year, Consider Riverbend Ranch. Their steaks are not only delicious, they also contain real high quality protein that helps fuel your body. Did you see the recent study that the the folks in Sweden who ate meat every day staved off Alzheimer's way better than the folks who didn't? How about that? Eat your beef. It's a complete protein. It contains all nine essential amino acids that your body needs to function and it also keeps you fuller for longer, reducing cravings and snacking. But here's the key. Not all beef is created equal. The quality of the beef depends entirely on how it's raised and where it comes from. That's where Riverbend Ranch stands apart. For more than 35 years, Riverbend Ranch has been building an elite Black Angus herd, carefully selecting cattle for exceptional flavor and tenderness. All Riverbend Ranch cattle are born and raised right here in the usa. They never use growth hormones or antibiotics and the beef is processed at the ranch in their award winning USDA inspected facility. No shortcuts, no middlemen, just incredible, healthy and flavorful beef shipped directly to your home. Order today@riverbenranch.com and use promo code Megan for 20 bucks off your first order. Tiger woods commenting for the first time on his rollover car crash. Woods crashing his SUV Friday afternoon on Jupiter Island, Florida, just minutes from his home. Police arresting the 50 year old golf legend on suspicion of misdemeanor DUI with property damage and refusal to submit to a lawful urine test. A breathalyzer test at the scene showing no signs of alcohol, but woods refusing a urinalysis according to an arrest affidavit obtained by TMZ Sports deputies finding two white pills in woods pocket identified as the opioid painkiller hydrocodone. After the crash, a deputy noting woods was sweating profusely despite sitting in an air conditioned vehicle. The deputy also describing woods as, quote, lethargic and slow, showing quote, severe signs of impairment, his eyes bloodshot and glassy, his pupils extremely dilated. When asked about prescription medication, woods replying quote, I take a few, saying he had taken some earlier in the morning. Woods telling authorities he has undergone seven back surgeries and more than 20 operations on his right leg which almost had to be amputated after a similar car crash back in 2021. Woods saying to police he was distracted at the time of the crash, looking at his phone and changing the radio, failing to notice a slowing vehicle ahead attempting to swerve. Woods clipped the truck in front of him, sending his own vehicle rolling, resulting in about $5,000 worth of damages to the other vehicle. No other injuries were reported. Woods reportedly struggling through the field. Sobriety test limping due to apparent injury at the jail. A breathalyzer test again showing no sign of alcohol per tmz, ESPN reporting. Woods was brought to a hospital for treatment before being returned to jail. Released Friday night on $1,000 bond. Court records filed yesterday showing woods waiving arraignment, entering a plea of not guilty and demanding a trial by jury. It's unclear when he will be in court. Next the accident marking Wood's fourth crash and second DUI since 2009. In his 2017 DUI arrest. The toxicology report showing hydrocodone as one of multiple drugs in his system. Sports analyst Stephen A. Smith on his Monday podcast saying what we're all thinking

Stephen A. Smith (18:29)

you're a billionaire, bro, you can afford car service. We are very fortunate, ladies and gentlemen, that Tiger woods hasn't killed somebody yet. But how forgiving as a society are we supposed to be with this proclivity or tendency that you have to get behind the wheel of a car when you inebriated? Whoa, are we gonna be sad? We're not gonna be satisfied until he kills somebody, bro. You can afford car service. I don't think it's too far fetched for somebody to say to Tiger woods, could you please stop getting behind the wheel of your vehicles? That's my issue with Tiger Woods. I hope whatever addiction that he has that he overcomes it. God bless him and his family. All I'm asking for, could you, could you order a car service, please?

Megyn Kelly (19:16)

Reporting from People magazine suggesting woods refuses to hire a driver because he is concerned about his privacy. The very name of Tiger's mega yacht. A source telling the outlet woods, quote, doesn't want anyone to watch over him or know what he is doing and he thinks he's fine to drive. Woods posting a statement to social media yesterday reading, quote, I know and understand the seriousness of the situation I find myself in today. I'm stepping away for a period of time to seek treatment and focus on my health. This is necessary in order for me to prioritize my well being and work toward lasting recovery. Just days before the crash, woods had hinted at plans to play in next week's Masters tournament. We certainly hope he'll be in rehab instead. Tonight, for the first time in more than 50 years, a crew of athletes set to travel toward the moon. NASA's Artemis 2 mission scheduled to lift off this evening at 6:24pm Eastern. Launching astronauts Reid Wiseman, Victor Glover and Christina Koch alongside Canadian Space Agency astronaut Jeremy HANSEN On a 10 day deep space flight. The crew departing from Kennedy Space center in Florida aboard NASA's 32 story Space Launch System rocket, or SLS. The first time the agency's new lunar program will carry people. They'll begin by orbiting Earth, testing critical onboard systems including life support, communications and navigation, reports NPR before attempting the journey into deep space. If those systems perform as expected, the crew will embark on its journey a looping Figure 8 path around the Moon traveling more than 230,000 miles from Earth. There will be no lunar landing on this mission, with the astronauts expected to pass roughly 4,000 to 6,000 miles above the moon's surface before turning back toward Earth. The full trip expected to last about 10 days, ending with a planned splashdown in the Pacific Ocean. The mission originally planned to lift off in February, but a series of hydrogen fuel leaks and other issues forcing delays until now. Weather remains a key variable with current forecasts showing about an 80% chance of favorable conditions. Though NASA has a rolling launch window through the first week of April, meaning any last minute concerns could push the launch to another day within the window. Senior NASA Test Director Jeff Spalding speaking at a press conference yesterday about the mood on the ground.

Jeff Spalding (21:44)

Well, the people that I get the pleasure to work with and talk with are extremely excited. We have a large mix of young and more seasoned people like myself and as such, everybody understands the significance of this mission and especially the flight crew. But the team that I get to work with, they come in every day and people are concerned sometimes that we are working so hard towards these milestones and things, but there really isn't. People love coming to work, they love doing this job and that's why they're here. And they work through it every single day to get us to this point. I think everybody understands what our mission is and that's to get back to the moon and we're going to establish a presence there in the very near future.

Megyn Kelly (22:27)

The mission serving as a critical step toward returning astronauts to the lunar surface and ultimately building a permanent base on the moon. As of now, NASA expects to return humans to the moon by 2028. Among those they've invited on the next flight, your humble correspondent. Yes, they found out I had been and recruited me as their latest astronaut. April Fools, of course. And speaking of fools, Gayle King wasn't invited either, though they did invite me to witness the launch tonight, but sadly I could not swing it. Don't call it a ride and that'll do it for your AM update. I'm Megan Kelly. Join me back here for the MK show live on SiriusXM's the Megyn Kelly Channel 111 at noon east on YouTube.com Megyn Kelly and on all podcast platforms. Support is available 247 with VRBoCare. We're here day or night, ready whenever you need help because a great trip starts with the right support.