If Books Could Kill - July 01, 2025


The Supreme Court Goes Full TERF [TEASER]

Topics
"In Covid's Wake" Part 2: Wrong About The Right Malcolm Gladwell's "Blink"

Episode Stats


Length

1 hour and 1 minute

Words per minute

180.42

Word count

11,159

Sentence count

603

Harmful content

Misogyny

7

sentences flagged

Toxicity

83

sentences flagged

Hate speech

42

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
00:00:00.000 Peter. Michael. What do you know about the Supreme Court's trans rights decision?
00:00:04.760 All I know about the Supreme Court is that someone should do a podcast about how much it sucks.
00:00:09.360 so as you may have heard the supreme court recently put forth put down a decision on
00:00:30.100 trans rights scrimetti versus america what is it yeah it's for many versus america
00:00:36.260 You know nothing about the Supreme Court, buddy.
00:00:39.680 Trans people versus America.
00:00:41.880 It's United States v. Scrametti.
00:00:43.800 And we thought that we would talk about it a little bit because Peter has thoughts and feelings about the Supreme Court.
00:00:51.820 We're basically doing a five to four episode.
00:00:54.040 I am the Rhiannon and Michael.
00:00:55.380 It's already confusing to people that I host two podcasts with two Michaels and this is only making things worse.
00:01:01.260 Are we going to keep covering Supreme Court decisions also on this show?
00:01:03.940 And I'm also going to do a Scrametti episode for five to four.
00:01:06.760 We're about to record it as soon as Rhiannon gets back home from Egypt.
00:01:12.460 So yes, it's going to be it's going to be confusing for subscribers to both.
00:01:16.020 Peter is also kind of worried about like spoiling the five to four episode.
00:01:19.480 Yeah.
00:01:19.960 By like saying the same thing.
00:01:21.300 But like, I don't think that's a concept that like exists in podcasts. 0.98
00:01:24.000 This is like if I pitched if I pitched you on some health bullshit. 0.96
00:01:27.580 Yeah, I don't care. 0.99
00:01:28.960 People want to hear the same thing.
00:01:30.100 That's podcasting.
00:01:30.800 You want to hear the same thing over and over again.
00:01:32.380 This is why I listen to podcasts.
00:01:33.940 also i was gonna be reading and skeeting about this non-stop anyway so it's like i might as
00:01:37.620 well channel that into something vaguely productive at the end of the day we have to
00:01:41.800 we have to turn whatever your weekly obsession is into an episode not just because the episode
00:01:49.640 would be good exactly but because you need more than one outlet like you need the the episode
00:01:55.880 to really round out your meltdown it also stops me from skeeting because i'm like oh i don't want
00:02:00.700 Peter to see this and spoil it. Although I think you muted me like years ago, so it doesn't really
00:02:05.060 matter. I was about to make a joke about whether I should mute you. Okay. So we are going to talk
00:02:12.260 about the Scrimetti decision eventually. But first of all, I just want to talk about the series of
00:02:17.140 events that leads to the legal case. The whole thing starts in 2018 when the Vanderbilt University
00:02:24.660 Medical Center in Nashville opens a like transgender youth center and starts seeing
00:02:29.320 patients. As with all these clinics, this starts getting targeted by right-wingers. There's a
00:02:33.260 couple of little posts in random places about like, oh, this clinic is like doing things to
00:02:37.700 kids, whatever. Nothing really catches fire until September 20th of 2022, when the clinic is
00:02:44.900 targeted by a Twitter thread by Matt Walsh, who's like a right-wing psychotic influencer.
00:02:52.680 We are going to peruse the Twitter thread, Peter.
00:02:57.140 Cool. I'm excited. This is great.
00:02:58.520 We love we love going on X. This is from September 2022. Matt says, breaking, breaking. My team and I have been investigating the transgender clinic at Vanderbilt here in Nashville. Vanderbilt drugs, chemically castrates and performs double mastectomies on minors. But it gets worse. Here is what we found. Let's start at the beginning. He's like, buckle up, chuckle fucks. Here's a threat. Me and my team, three 21 year olds.
00:03:26.080 also investigating is like we've been googling things that the medical center puts out so that
00:03:32.400 we can take them out of context he says vanderbilt opened its trans clinic in 2018 during a lecture
00:03:38.060 the same year dr shane taylor explained how she convinced nashville to get into the gender
00:03:42.540 transition game she emphasized that it's a big money maker especially because the surgeries
00:03:47.900 require a lot of follow-ups they did this at the urging of big pharma they are doing this for pure
00:03:53.560 profitability we are going to watch this clip now okay some of our vumc financial folks in
00:04:01.720 august of 20 i'm sorry october of 2016 started a couple years ago put down some costs of how much
00:04:08.620 money we think each patient would bring in and this is only including top surgery this doesn't
00:04:12.940 include any bottom surgery and um it's a lot of money these surgeries make a lot of money
00:04:18.800 so females and male chest reconstruction can bring in $40,000 a patient just on routine 0.98
00:04:26.720 hormone treatment who I'm only seeing a few times a year can bring in several thousand 0.97
00:04:31.460 dollars because it requires a lot of visits and labs it actually makes money for the hospital
00:04:35.260 now these I got from the internet but it's from the Philadelphia Center for Transgender Surgery
00:04:42.500 which has done a lot of surgery for patients I just want to give you an idea of how much
00:04:47.120 these bottom surgeries are making and this is I think this has to be an
00:04:52.100 underestimate this is for a vaginoplasty they're saying they're quoting roughly
00:04:57.260 around $20,000 for a vaginoplasty but that doesn't include your hospital stay
00:05:01.580 that doesn't include your postdoc visits and then the female to male bottom
00:05:05.480 surgeries these are huge money makers again I think this has to be an
00:05:10.340 underestimate if they're quoting around $20,000 for a valoplasty there's been
00:05:14.420 different things that I've read that said it could be up to $100,000.
00:05:18.860 Am I supposed to be like offended by this? I guess I understand that if you were just sort
00:05:24.000 of like listening to doctors talk about how profitable certain procedures are in any context,
00:05:28.520 it'll always feel like a little bit cold or whatever. But like, I don't know, Matt Walsh
00:05:32.320 doesn't want to socialize healthcare. So until he does, yeah, this is just people talking about the
00:05:37.640 business of healthcare. I would love a system where doctors didn't have to think of this.
00:05:42.900 But the fact that somebody is talking about this is not necessarily disqualifying.
00:05:47.920 Also, she doesn't mention children here.
00:05:50.760 Bottom surgeries are essentially not performed on children.
00:05:53.100 Right, right.
00:05:53.380 So the fact that she's talking about bottom surgeries here makes it very clear that she's talking about adults.
00:05:58.900 I was not able to find this YouTube video.
00:06:00.620 I don't know where they found it.
00:06:01.540 It probably was put onto the internet by Vanderbilt itself.
00:06:04.480 I think probably what was going on is the hospital administrators were probably a little skeptical of trans medicine at first.
00:06:11.480 and the way that you get a clinic set up in the American healthcare system is to say,
00:06:16.580 hey, did you know this is profitable?
00:06:18.020 That's what I'm reading into the context.
00:06:19.780 I don't know that because I don't have the full context.
00:06:21.840 Yeah, it's not like, oh my God.
00:06:23.940 Yeah, wow, they're making money.
00:06:25.240 What a revelation.
00:06:26.440 People are paying money for healthcare in America.
00:06:28.520 Right.
00:06:28.880 Do you want to read the next one?
00:06:29.860 Vanderbilt was apparently concerned that not all of its staff would be on board.
00:06:33.200 Dr. Ellen Clayton warned that conscientious objections are problematic.
00:06:38.440 Anyone who decides not to be involved in transition surgeries due to religious beliefs will face, quote, consequences.
00:06:45.520 And there's a clip of another person at a podium giving like a PowerPoint presentation.
00:06:49.380 This one is, again, an out of context, one minute and 13 second clip from an academic.
00:06:54.760 What's the consequences thing?
00:06:56.460 I mean, do you want to watch it together, Peter?
00:06:58.140 Yeah, sure.
00:06:58.580 Yeah, sure. Why not? Okay.
00:06:59.320 If you are going to assert conscientious objection, you have to realize that that is problematic.
00:07:09.620 You are doing something to another person, and you are not paying the cost for your belief.
00:07:18.260 I think that is a real, I mean, I think that's a real issue.
00:07:22.780 so I think
00:07:26.320 you know
00:07:27.440 so yes Vanderbilt
00:07:29.920 if someone has a conscious objection
00:07:32.880 for participating
00:07:34.900 in this sort of surgery
00:07:36.020 it would probably have to accommodate
00:07:38.980 you to the extent that you can find
00:07:40.820 another person who can do your job
00:07:43.000 who doesn't have an objection
00:07:44.200 other things of that nature
00:07:46.200 but I just want you
00:07:48.840 to take home
00:07:49.820 that saying that you're not going to do
00:07:52.700 something because of your conscientiousness because of your religious beliefs is not without
00:07:59.000 consequences and it should not be without consequences and i just want to put that out
00:08:06.520 there we are given enormous if you don't want to do this kind of work don't work at vanderbilt
00:08:13.520 yeah okay so she's just basically saying objections to this are rooted in bigotry
00:08:20.660 Without saying that, I actually feel like the fact that she dances around it makes it sound worse rather than just being like, you know, I believe that anyone who objects to this is is doing so due to bigotry, which is correct.
00:08:33.140 So this is a clip from a woman called Ellen Clayton, who is a pediatrician at the Vanderbilt University Medical Center, but she's also a law professor and ethicist. 0.98
00:08:45.700 So the thing to know about this woman is she's not a transgender medical provider.
00:08:50.660 In more than 300 publications, she's only published one thing about LGBTQ people, and it's about, like, privacy stuff.
00:08:57.740 And her specialty recently seems to be, like, AI and LLMs.
00:09:02.540 And before that, it was about, like, genetic testing and privacy concerns. 0.98
00:09:06.720 So this is not somebody who, like, does transgender medicine on kids and is like, get the fuck out of my OR if you have a problem with it. 0.98
00:09:14.620 Right, right, right. 0.96
00:09:15.180 It's not clear that this has any kind of relevance.
00:09:17.380 another thing you may not notice is that she does not mention the word transgender in this clip 0.86
00:09:22.840 because matt walsh does not provide basic fucking context to his clips or like hey if you'd like to 0.65
00:09:28.360 see the whole thing right here it is but behind her on the slide is an article called the celestial 0.95
00:09:35.080 fire of conscience refusing to deliver medical care which i was able to find this was published
00:09:41.460 in 2005 and it's an article about abortion there was this whole movement in the early
00:09:47.180 2000s where conservatives were claiming conscientious objector status, right? If you're
00:09:52.640 a pharmacist, you're like, I object to this. I don't want to give out plan B pills. And then
00:09:57.340 some blue states passed laws saying, no, you have to actually do your job. If you work at a pharmacy,
00:10:02.620 you can't do this shit. And then red states were like, no, no, we're going to protect 1.00
00:10:06.500 conscientious objector status. And this kind of went back and forth in the early 2000s.
00:10:10.900 But Matt Walsh does not give us a year when this clip is taken from.
00:10:16.520 So there's some percentage chance that she's actually not even talking about trans health care here.
00:10:20.220 I think it's a relatively high percentage that she's actually talking about abortion in this clip.
00:10:24.420 Because this whole thing of like, I declare conscientious objector status, that was a sort of trope on the right around abortion and also stem cells and all this stuff like George W. Bush era.
00:10:34.460 It's also slightly odd in the trans health care context because a lot of the relevant clinics are established for trans health care.
00:10:44.260 Exactly. It doesn't make the same kind of sense because it's not like you're a pharmacist where you're like, quote unquote, forced to give out Plan B pills. It's like you would affirmatively apply to work in a transgender youth clinic. So again, we have no context for this clip. I have no clear evidence that like 100% chance that she's talking about abortion here. But there is nothing in this clip that indicates she is talking about transgender medicine. And Matt Walsh does not give us any context for this. And it's at least plausible that she would be talking about abortion in this clip.
00:11:12.700 Well, Ellen, if you're out there and you're a lesbian, we know you're listening. 0.68
00:11:16.720 If you're straight, you have a child who listens. 0.99
00:11:19.960 I know it.
00:11:20.980 The right wing ecosystem operates in large part out of like just locating clips like
00:11:26.720 this, right?
00:11:27.680 Yeah.
00:11:27.900 My sincere guess is that you could never identify a policy or practice of doing this at the
00:11:35.540 clinic.
00:11:35.880 I also think it's very typical of the patterns of conspiracy movements that we talked about
00:11:39.920 in the lab leak episode that, again, the core claim of this entire movement, right, is that
00:11:45.720 large numbers of children are being rushed into medications and surgeries without assessment.
00:11:50.960 Yeah.
00:11:51.140 The first clip here is just like clinics make money.
00:11:54.700 The second clip is if you question it, you'll get fired.
00:11:57.380 Right.
00:11:57.500 It's just a sort of conglomeration of things that sound bad in a vacuum, right?
00:12:03.440 And we're not going to keep going.
00:12:04.240 But then, you know, his next tweet is something about how.
00:12:07.400 I feel like we should because the next one is hilarious.
00:12:09.420 okay okay do you want to read it do you want to read it yeah he says in case the objectors hadn't
00:12:14.260 gotten the memo vanderbilt unveiled a program called trans buddies the buddies are trans
00:12:19.540 activists from the community who attend appointments with trans patients monitoring
00:12:23.180 the doctors to guard against unsafe behaviors such as misgendering so it's literally just
00:12:27.920 someone who is trans will attend appointments with you and like help guide you through it or
00:12:31.880 whatever help you i mean also doctors are oftentimes really transphobic and so having
00:12:35.680 someone there who can be like hey can you please show respect to this person i don't think that's
00:12:39.240 totally unreasonable and again this is also not about children well the next the next tweet says
00:12:44.500 vanderbilt makes their trans buddies available to children too they make a lot of quote services
00:12:50.380 available to children including chemical castration though at some point in the last
00:12:55.100 month they removed explicit admission of this fact from their site here is the archive screenshot
00:13:00.520 and the screenshot is just that gender affirming hormone therapy is one of the treatments offered
00:13:07.380 There's nothing secret about the fact that this clinic is offering hormones and puberty blockers to kids.
00:13:11.940 Right.
00:13:12.120 You can call and make an appointment.
00:13:13.580 It's like a normal part of the health care system.
00:13:16.100 But again, conspiracy movements run on this like, ooh, the information is being suppressed.
00:13:20.100 They don't want you to know kind of thing.
00:13:22.020 I would also point out that this is not chemical castration.
00:13:26.360 No, of course not.
00:13:27.400 Jesus Christ. 1.00
00:13:28.020 I mean, we're like skipping over because I'm so used to this shit. 1.00
00:13:30.520 It's like, yeah, they're mutilating kids, castrating kids. 1.00
00:13:32.440 I'm like, yeah, yeah, whatever.
00:13:33.840 This is just like how this movement talks.
00:13:35.580 So holistically, he starts off basically saying, this clinic is doing all this stuff to minors. And then he just sort of puts a bunch of clips together of things that a median right winger might find distasteful. Someone talking about money, someone saying that they think religious objections are problematic or bigoted, the trans buddies program.
00:13:57.660 And it's sort of presented as if he's like building a case for what he originally described.
00:14:04.140 But what he originally described is a clinic that, quote, drugs, chemically castrates and performs double mastectomies on minors.
00:14:12.600 Looking at this, this is like completely deranged.
00:14:14.200 This is immediately picked up by the governor.
00:14:17.980 So on September 28th, the governor of Tennessee, Bill Lee, calls for an investigation into the clinic.
00:14:23.900 And the House GOP, the state house is controlled by Republicans.
00:14:28.220 They issue a letter demanding answers from the clinic on October 7th.
00:14:35.380 So this is just like two weeks after the original tweet thread by Matt Walsh.
00:14:39.640 The clinic itself issues a letter responding to the accusations.
00:14:44.960 In the letter, they note, as this always fucking happens, Peter, they note they only perform around five top surgeries per year. 0.59
00:14:52.960 This is a relatively rare thing. All of the people who got top surgeries were over 16. All of them had parental consent. This happens over and over again with this, that there's these like whistleblowers coming forward. And then clinics release extremely basic data and they're seeing a number of patients in like the single or double digits. 0.97
00:15:10.400 They don't say so in their letter, but according to later legal filings, it appears the clinic only ever treated 106 patients.
00:15:19.860 Because the AG of Tennessee, Scrimetti, the famous Scrimetti of this Supreme Court decision, demanded that they turn over all of their patient records.
00:15:28.400 Okay.
00:15:28.740 So again, the whole narrative is that large numbers of kids are receiving irreversible medical procedures without assessment.
00:15:35.020 They can't even establish that there are large numbers getting this care at all.
00:15:38.200 What's frustrating about this is that, like, the right wing doesn't care about these numbers because, like, their concern is not that children are being rushed into it.
00:15:47.260 Their concern is that they don't believe trans people are real.
00:15:50.300 Which they're very on the record about.
00:15:51.580 Yes.
00:15:51.820 Yeah, yeah.
00:15:52.460 And so they're trying to crack down on it and draw attention to it.
00:15:55.460 And the fact that this is a very tiny minority of people doesn't dissuade them at all.
00:16:00.860 Yes. Where the disconnect is, is with like media coverage and the willingness of more moderate politicians to bite on this.
00:16:11.820 Yeah. Like even if you think that it's outrageous that trans girls can compete in sports with cis girls in high school, it's happening so little that like it should occupy basically none of your mind space.
00:16:28.100 Right. I just don't understand how anyone operating in good faith in like the political center could possibly spend their like mental energy on this. 0.85
00:16:40.580 I think this is really the distinction between the far right version and the centrist version, because to the far right, every trans person is just lying, deranged, fetishist, weirdo. 0.99
00:16:50.320 Right. According to the centrists, some trans people are real, but some trans people are lying. 0.98
00:16:56.400 And the problem with this field is that it's not separating the real trans people from the fake ones.
00:17:02.300 I think the like the New York Times concern is there is like the social contagion argument. 0.96
00:17:08.920 Yeah.
00:17:08.940 The idea that like the left is so out of control that young kids are essentially being brainwashed into believing that they should transition.
00:17:20.700 And it's only the correct course for a very tiny number of kids who say that they're transgender.
00:17:24.380 This is like a big part of that narrative.
00:17:26.120 I mean, it must be and it must be extremely tiny, right? Because they are willing at the end of the day to endorse laws that ban it for all kids.
00:17:35.260 For everybody. And I think that it just aligns very nicely with like the New York Times view of the world, which is, yes, reactionaries are extreme in various regards.
00:17:47.480 They're unserious. And in fact, they're not to be taken seriously.
00:17:50.860 But the real problem with American politics is that the left is out of control.
00:18:01.700 And without the left being out of control, the right wouldn't really matter because a moderate consensus would emerge.
00:18:10.740 It's the left that's preventing the moderate consensus, right?
00:18:14.120 The right is sort of like a clown show off in the distance, even when they are in power.
00:18:20.660 We were originally going to do a COVID mistakes bonus episode.
00:18:24.300 We're just like, what were the actual mistakes?
00:18:25.980 Yeah, originally everyone, Michael, was like, what if we did a fourth consecutive COVID episode?
00:18:30.280 And I was like, Michael, I'm not going to say no, but please.
00:18:34.740 I also was just so I started reading for it.
00:18:36.660 I was like, I I've done I cannot keep doing this.
00:18:39.580 But one of the articles I came across was like a New York Times, like allegedly serious
00:18:43.400 New York Times article about like the mistakes during the pandemic.
00:18:45.780 And the number one mistake was it was like vaccines.
00:18:49.820 Yes, they work.
00:18:50.600 But activists exaggerated the impact originally.
00:18:54.140 It's the number one mistake.
00:18:55.360 It's it's saved like 20 million lives.
00:18:58.100 but also at first people were like oh yeah it'll save like even more it's like why is this the
00:19:03.200 important thing to stress as like a mistake right millions of people on the right were saying the 0.96
00:19:07.360 vaccine didn't work that's the mistake people who slightly exaggerated don't fucking matter
00:19:12.320 the idea that the number one mistake during a pandemic was insufficient vaccine skepticism 0.94
00:19:17.660 is fucking hilarious but it's like it's a perfect distillation of that ideology right 0.74
00:19:23.100 isn't it actually kind of your fault for exaggerating very slightly the benefits of 0.96
00:19:28.540 vaccines that's why we have those anti-vaxxers right so anyway we get the letter from the house
00:19:34.620 gop the clinic responds and it's like uh we only have five patients but also out of an abundance
00:19:40.420 of caution they close down the gender clinic okay but of course that doesn't matter yeah so
00:19:46.220 So three weeks later, Matt Walsh hosts the Rally to End Child Mutilation in downtown Nashville.
00:19:54.180 And a bunch of like Republican lawmakers show up and like give talks. 0.56
00:19:58.380 But then in January of 2023, they come back for the legislative session and Tennessee Republicans, who have already passed a ban on drag shows, they already passed a law in 2021 banning hormones for prepubescent kids.
00:20:15.180 which doesn't make sense because they're not really doing that for prepubescent kids but
00:20:17.500 whatever they pass a law protecting teachers who refuse to use the correct pronouns for kids
00:20:23.380 they're just on like an anti-lgbt crusade right and as part of that in march of 2023
00:20:30.840 they pass the law in question that ends up at the supreme court which is uh sb1 state bill one
00:20:37.020 the law is like very straightforwardly discriminatory yeah so it says so in the
00:20:42.520 sort of like summary. It says, it is the purpose of this chapter to prohibit medical procedures
00:20:47.620 from being administered to or performed on minors when the purpose of the medical procedure is to
00:20:53.140 enable the minor to identify with or live as a purported identity inconsistent with the minor
00:20:57.180 sex or to treat purported discomfort or distress from a discordance between the minor sex and
00:21:02.180 asserted identity. So this is what's interesting about the law is that it doesn't actually prohibit
00:21:08.220 any medical procedures per se it's only the purpose of the medical procedure it only prohibits
00:21:13.380 medical procedures that are intended to help with medical transition yes it's just sort of bizarre
00:21:19.780 i mean the the law itself is basically openly transphobic right it says that there's a section
00:21:27.880 in the beginning of a lot of laws it's basically like here's why we're doing this it's the findings
00:21:33.100 in this case and part of what they say is that they want to encourage kids to appreciate their
00:21:38.640 sex their biological sex i like that part too yeah it's straightforwardly like we're doing this
00:21:43.620 to ensure that biological sex and gender identities are like legally aligned that it's one thing yeah
00:21:51.740 it's very like obviously transphobic i don't even think that the authors of it would disagree with
00:21:58.980 that? No, it's very, it's really obvious. It's very, it's very weird that we're going to segue
00:22:04.420 into the Supreme Court arguing that this is not discriminatory. Because the majority of people
00:22:10.360 who get puberty blockers every year are cisgender kids. It's for precocious puberty. Kids who go 0.96
00:22:15.200 through puberty early, it can have physiological effects. And so we give it to, I think it's like
00:22:18.580 three to 5,000 kids a year, cisgender kids are getting puberty blockers. And so it renders
00:22:23.800 completely moot all of these alleged concerns about like, oh, the bone density. Oh, we don't
00:22:28.640 know the long-term effects. All the big pharma stuff, all of the arguments that they make against
00:22:33.660 puberty blockers theoretically would also apply to cisgender kids getting puberty blockers. But
00:22:38.240 when it comes to legislation, they're like, oh no, puberty blockers only affect your bone density if 0.77
00:22:42.660 you're like doing it because you're trans. The thing that really jumped out to me about this
00:22:46.840 little section of the law where it's like, we find at the beginning, just like laying out the
00:22:50.780 factual basis, is that the law itself quotes Matt Walsh. So it says the legislature finds that
00:22:57.420 healthcare providers in the state have sought to perform such surgeries on minors because the
00:23:01.700 surgeries quote make a lot of money and quote are huge money makers not necessarily because 0.98
00:23:06.920 the surgeries are in a minor's best interest straight line from a fucking matt walsh tweet 0.77
00:23:12.940 to actual text of legislation i think you'd be surprised uh if just reading your median piece 1.00
00:23:19.220 of state legislation uh how stupid they tend to be uh the average state legislator is dumber i 0.99
00:23:25.480 believe than the average baby then we get into the legal process which i do not understand 1.00
00:23:31.300 the law passes in march of 2023 there are now 26 states that ban gender affirming care which is
00:23:38.560 really fucking bleak yeah and then there's an injunction in july of 2023 but then like it's
00:23:47.100 granted and then overturned and like please take over peter i have no idea what it's like stayed 0.96
00:23:51.940 and then unstayed or something.
00:23:53.140 I have no idea what's going on.
00:23:54.200 Yeah, you got it.
00:23:55.760 I want to keep going.
00:23:59.420 I was like, I can stop researching now
00:24:01.060 because Peter will interrupt me
00:24:02.680 and take over from here.
00:24:03.840 The main thing that knows
00:24:04.540 that there's a lower court
00:24:05.420 that halts the implementation of the law
00:24:07.340 and basically says like
00:24:09.200 the medical evidence is on the other side.
00:24:12.000 Right.
00:24:12.220 The weight of the evidence here
00:24:13.820 is that this is not very harmful.
00:24:17.020 There are equal protection concerns here.
00:24:19.760 We're halting the law.
00:24:20.720 the case rises up to the supreme court and then the supreme court supreme court's all over it
00:24:27.840 folks they they fuck it up the the you get you get a uh majority opinion written by john roberts
00:24:33.740 there's like three concurrences two dissents nightmare reading situation for podcasters i
00:24:41.300 know it was 119 pages i was gonna i was gonna read all of it but then i was like oh i don't
00:24:45.340 know about there are supreme court pages though so it's tiny yeah they're weird the margins are
00:24:49.020 weird. That's a that's a way that we gatekeep. You know, the basic sort of challenge here was
00:24:54.760 just like this is an equal protection violation. It's discriminating on the basis of sex, on the
00:25:00.020 basis of transgender status. And then the the hoops that the court jumps through to say that
00:25:06.880 it's not are just preposterous. Yeah. Because I didn't read this part of the decision because I
00:25:11.880 I don't like understand. So it's like well established that you can't discriminate based
00:25:16.900 on sex except in like very narrow circumstances and laws that discriminate based on sex are
00:25:23.140 subject to high levels of scrutiny and so like a big part of this analysis is well it does this
00:25:30.920 discriminate based on sex technically and robert says that the law only quote prohibits health care
00:25:38.380 providers from administering puberty blockers and hormones to minors for certain medical uses so like
00:25:45.060 like we were saying earlier, what he's saying is like, well, this is discrimination based on
00:25:49.800 age and the medical use, but not sex. But there's so many like obvious things wrong with this. But
00:25:58.140 like the point that Sotomayor makes in her dissent is just like there are circumstances
00:26:04.340 where the same treatment, the same medical procedure or treatment is either legal or
00:26:11.140 illegal and the determinative factor is the sex of the recipient so like right if that's not
00:26:16.320 discrimination based on sex then then what are we talking about here also it's it's awkward that
00:26:21.000 like he's like well this is it's not discrimination based on sex it's discrimination based on medical
00:26:25.800 use but like the medical use that he's talking about is the use of treatment that is quote
00:26:31.560 inconsistent with sex that's in the law okay and then when confronting that language he says well
00:26:38.200 that's just a mere reference to sex that doesn't mean it's discrimination based on sex oh this is
00:26:42.960 this is basically incoherent they said that it's discrimination based on sex like that part doesn't
00:26:47.040 count yeah no he just he he just waves it away yeah i'm i'm trying not to dive too deep into 0.95
00:26:52.000 the analysis because there's a lot of like constitutional bullshit here i love it you
00:26:56.520 this is why i listen to five to four yeah and you can listen if you want to hear it the uh 0.91
00:27:00.920 the other part of his analysis that i'll point out that i thought is like particularly bad
00:27:10.040 so he says quote minors of any sex may be administered puberty blockers or hormones
00:27:15.900 for other purposes so he's basically saying like this doesn't discriminate based on sex
00:27:21.360 both boys and girls can access this treatment for as long as it's for other purposes right
00:27:27.220 That's like during the gay rights movement where they said, like, you do have the right to marriage.
00:27:31.160 You can marry a woman anytime you want.
00:27:33.160 That's not what that means.
00:27:34.440 I want to marry someone I love.
00:27:35.820 It's the same exact thing.
00:27:37.020 It's also, this is also, like, very famously, this was what the lower court in Loving v. Virginia held.
00:27:43.420 Loving v. Virginia was the case from the 60s that legalized interracial marriage across the country.
00:27:48.880 Originally, the law banning interracial marriage had been upheld by the Virginia court using the exact logic.
00:27:55.720 They are like, it's not just discriminatory.
00:27:57.600 Every one of every race is free to marry someone of the same race.
00:28:01.780 Not discriminatory.
00:28:04.940 That's great.
00:28:05.840 You can marry any white person you want. 0.96
00:28:07.440 What are you complaining about? 0.95
00:28:08.360 Flawless logic.
00:28:09.460 And then there's a second part of this decision that's basically he's like, all right, so 0.69
00:28:13.620 it's not discrimination based on sex, but maybe it's discrimination based on transgender
00:28:19.480 status, right? 1.00
00:28:20.920 Very, obviously.
00:28:21.520 The court has never confronted the question of whether transgender status is subject to a higher level of scrutiny.
00:28:27.900 It never actually reaches that question because he decides that it's not discrimination based on transgender status.
00:28:36.380 How is that possible? 0.94
00:28:37.280 Basically the same reasoning.
00:28:39.140 He says,
00:28:40.140 SB1 does not exclude any individual from medical treatments on the basis of transgender status.
00:28:45.540 Rather, it removes one set of diagnoses, gender dysphoria, gender identity disorder.
00:28:51.520 order and gender incongruence from the range of treatable conditions. So basically just being
00:28:58.440 like, well, it's not discrimination against transgender status. It's discrimination against
00:29:02.740 medical treatments that only transgender people need. Oh my God. Because what is the distinction 0.65
00:29:08.840 between a transgender person and someone who's been diagnosed with gender dysphoria? Because to 0.75
00:29:12.860 get any medical treatment, you have to be diagnosed with gender dysphoria. Yeah. So there's no
00:29:16.980 difference between those two groups in a medical setting. I mean, it's just ridiculous. And you 0.97
00:29:20.500 know you can just you can imagine this in other contexts right where it's like well oh it's not
00:29:25.100 discrimination uh it's not discrimination against white people it's discrimination against people
00:29:30.520 who have light skin right or people who cannot clap along when they're at a concert it's also
00:29:35.140 funny because the law like could not be more explicit of like this is banned when you are
00:29:39.780 transgender the same thing that's the thing is you just need to zoom out with this stuff and it's
00:29:44.560 Like the whole point of this law is to target transition care for transgender youth.
00:29:50.580 Yeah.
00:29:50.760 You know, you could imagine a Supreme Court case where the argument is it's not discrimination 1.00
00:29:55.900 against transgender status because transgender status is fake. 1.00
00:29:59.260 Right. 1.00
00:29:59.500 In fact, is probably their authentic position.
00:30:01.720 Yeah.
00:30:01.940 Yeah.
00:30:02.060 But he tries to avoid that.
00:30:04.200 Yeah.
00:30:04.480 And in doing so creates this sort of like completely absurd argument.
00:30:09.960 And then you get like you get follow up from the other conservatives.
00:30:12.760 Some of it like Amy Coney Barrett filed a concurrence where she basically is like, well, that's absurd. 0.89
00:30:19.000 This is obviously discrimination based on transgender status.
00:30:21.700 And she's like, and I like it.
00:30:23.300 Like, yeah, but her argument is that that should not be subject to a higher level of scrutiny because there's no history of legal discrimination against transgender people.
00:30:33.500 The ACLU brought up like laws against cross-dressing going back centuries.
00:30:40.200 And, you know, of course, those laws predate the concept of transgender in like the broad social vocabulary.
00:30:48.040 Not to mention what the dissent brings up is just like, well, when does history start?
00:30:52.940 Because there's hundreds of these laws now.
00:30:55.620 The transgender people are being banned from the military.
00:30:58.600 So like, yeah, I don't get it.
00:31:00.340 Like, is it just like that stuff doesn't count because it's too recent? 0.95
00:31:03.500 Some of the analysis that you guys have come back to over and over again on 5 to 4, I guess you say the same thing over and over again because that's podcasting, is this idea that like a dumb person looking at this would be like, oh, yeah, they hate transgender people and they're legislating against transgender people.
00:31:17.100 But like a smart law professor would be like, oh, actually, it's about the equal protection clause of the second order of like whatever. 0.99
00:31:23.900 It's like, no, like the stupid person is closer to being right here. 1.00
00:31:28.260 Yeah, yeah, yeah. 1.00
00:31:28.860 Of course, the whole point of the Supreme Court is doing this Calvin Ball thing where they're like, OK, what magic words can we use to make this sound sort of reasonable?
00:31:37.680 I mean, yeah, there's some of history's great bullshitters, right? 0.96
00:31:40.520 And this one is just an embarrassment. 1.00
00:31:43.820 Like to say this is not discrimination based on transgender status is so on its face absurd. 0.99
00:31:49.760 Like, again, you don't you don't need to like peel it back too much.
00:31:53.480 Like everyone knows what this law is.
00:31:55.580 the funniest concurrence i we we discussed earlier and i feel like it's sort of your domain
00:32:00.520 it's the clarence thomas concurrence yeah his whole the whole point of his concurrence is
00:32:05.180 basically like you know a lot of prestigious medical organizations weighed in to say hey
00:32:13.140 all of the evidence supports this sort of treatment and he's like we shouldn't be listening 0.97
00:32:19.160 to these fucking eggheads yeah did you know that they're actually all wrong these doctors 0.98
00:32:22.780 and medical organizations. 1.00
00:32:24.580 They are corrupted.
00:32:26.100 We're in the roadkill eating era now.
00:32:28.400 Yeah.
00:32:28.760 So I don't need the AMA to tell me what's right or wrong.
00:32:32.920 I'll be eating dead birds off of my property.
00:32:35.660 OK, so the the constitutional stuff, I guess we'll kind of leave for like the five to four
00:32:40.180 episode or like you guys can dive into that more.
00:32:42.320 Thank you.
00:32:44.100 I personally, I don't find all that stuff.
00:32:46.560 I mean, I do find it interesting, but mostly as like kind of rhetorical maneuvers, because
00:32:51.080 of course you could look at the same set of facts and come to the opposite conclusion like this is
00:32:54.440 all the fucking supreme court does right i'm much more interested in like the empirical stuff
00:32:58.700 and so the main opinion by roberts doesn't really get into the empirics it's like let's 0.94
00:33:03.600 it's not for judges to decide whether gender affirming care works then it gets to the clarence
00:33:07.980 thomas concurrence and he's like oh it is for me to decide i'm here to decide whether this stuff
00:33:12.540 works and then his whole concurrence or like the vast majority of it is just like attempting to be
00:33:18.160 like a little systematic review yeah so for the next little segment of the episode we're going to
00:33:22.780 dive into his concurrence and some of uh his thoughts about the evidence base for this treatment
00:33:29.200 so here is the part where he kind of lays out his overall argument i'm going to send this to you
00:33:36.620 in case you don't uh have it memorized yeah this is unfortunately i've read this concurrence like
00:33:42.320 five times now because i'm writing about it and doing the 5-4 episode and this one uh and usually
00:33:47.440 i offload thomas concurrences to 5-4 michael and he has to deal with the trauma it is shocking how
00:33:55.500 much this is just like facebook uncle shit yeah and what i always think about thomas he's a very
00:34:01.480 interesting window into the american right because he is high iq facebook grandpa yeah yeah he's like 1.00
00:34:11.300 the best they can do yeah and it's still so fucking stupid his brain is cooked dude he says 1.00
00:34:18.760 there are several problems with appealing and deferring to the authority of the expert class 1.00
00:34:22.980 first so-called experts have no license to countermand the wisdom fairness or logic of
00:34:29.520 legislative choices this by the way classic supreme court move whenever you're upholding a
00:34:36.100 law you're like the state legislator the wisest creature in our nation and then when you're
00:34:42.440 striking a law down you ignore that and you're like individual liberty the most beautiful thing
00:34:48.060 in our nation that what our nation is founded upon he says second contrary to the representations of
00:34:53.880 the united states and the private plaintiffs there is no medical consensus on how best to
00:34:57.800 treat gender dysphoria and children third notwithstanding the alleged experts view that
00:35:02.600 young children can provide informed consent to irreversible sex transition treatments.
00:35:07.060 Whether such consent is possible is a question of medical ethics that states must decide for
00:35:11.160 themselves. Fourth, there are particularly good reasons to question the expert class here,
00:35:15.680 as recent revelations suggest that leading voices in this area have relied on questionable evidence
00:35:20.140 and have allowed ideology to influence their medical guidance. We wouldn't want ideology
00:35:24.400 anywhere near this. So yeah, I'm interested to hear your thoughts. I've also gone through this
00:35:28.600 And my overall impression of his concurrence, I think it's important to contextualize this.
00:35:36.840 Many, many leading medical associations submitted briefs in this case saying gender-affirming care, safe and effective.
00:35:46.740 And so he's frustrated by the idea that this makes a consensus.
00:35:50.500 Why does all the prominent major organizations coming out on one side of this mean that there's medical consensus even though the Koch-funded freak organizations founded in late 2019 disagree?
00:36:07.140 Yeah. He's another thing that stuck out to me is he keeps saying so-called experts or self-described experts. It's like if you're like a gender health person who works in a gender health clinic and you're like licensed to do gender health. I don't know if that's a so-called expert or like a self-appointed expert. That's just like you are objectively an expert.
00:36:26.340 Thomas cites research from these, like, right-wing affiliated researchers, right?
00:36:30.680 He isn't so skeptical of expertise when it supports his point, but it is telling that
00:36:35.940 you can look through his concurrence, and the majority of the substantive citations
00:36:42.260 are to op-eds.
00:36:45.040 It's wild, I know.
00:36:46.260 And newspaper articles.
00:36:48.260 Like, he cites Pamela Paul.
00:36:50.100 Do you do numerous times more than once? 0.99
00:36:52.520 It's fucking crazy. 0.99
00:36:53.940 He also – he cites the New York Times constantly. 0.99
00:36:56.380 He also – my favorite citation was he – it's like tucked into one of these paragraphs.
00:37:01.760 The way they do citations is bananas.
00:37:03.420 It's like comma, citation, comma.
00:37:05.140 Like they don't even do parentheses.
00:37:06.160 It's insane.
00:37:07.220 One of the things he says like, oh, puberty blockers don't work.
00:37:09.580 And then the citation is to like frontiers in gender studies or something.
00:37:14.120 Whenever you see frontiers in the title of a journal, it's like, yes, go to that link, dude. 0.98
00:37:19.460 You're about to read some of those banana shit you've ever seen.
00:37:22.620 The source he uses to say that puberty blockers are not not effective, or at least haven't been shown to be effective, is an article where the conflict of interest statement is about as long as the abstract. 0.99
00:37:36.180 And that's because almost everyone involved is affiliated with the Society for Evidence-Based Gender Medicine, which is like this right-wing group founded just like a few years ago by William Malone, who does not seem to believe that trans people are real.
00:37:54.100 Right. 0.75
00:37:54.260 So it's just like, all right.
00:37:56.900 Come on, man.
00:37:57.800 It's basically like we did take funding from Sauron and Saruman, but we don't think that it affected our findings.
00:38:03.740 It's just like, okay.
00:38:05.740 So yeah, I mean, the next kind of section of this, he spends some time talking about
00:38:09.180 the constitutional stuff, which he only spends like a page or two on and we're going to kind
00:38:12.380 of skip.
00:38:12.960 He then gets into this alleged like factual description of like how youth transition
00:38:18.640 works.
00:38:19.280 He's like, these are the stages.
00:38:20.620 And he says, calling it gender affirming care is a sanitized description that obscures the
00:38:26.020 nature of the medical interventions at issue.
00:38:28.320 But like, not really.
00:38:29.620 I mean, these are like pills that people are taking or like injections in the case of puberty
00:38:33.020 blockers.
00:38:33.440 So, like, I don't know how sanitized that is. 1.00
00:38:35.380 He's just saying, like, this is liberal bullshit. 1.00
00:38:37.820 Yeah. 1.00
00:38:38.260 We should we should call it the homo switch. 1.00
00:38:40.560 So he goes over. 0.99
00:38:41.160 I mean, he just kind of makes the same like turf arguments that you see all the time.
00:38:44.000 They're like puberty blockers are fine for cisgender kids, but it's totally different when you're trans because it's like it's off label.
00:38:50.000 And then he gets into this whole thing of like, we don't know whether they're reversible. 0.69
00:38:54.240 The reversibility of puberty blockers is the entire point of puberty blockers.
00:38:57.700 Right. 0.90
00:38:57.860 Like if they weren't reversible, we would not have been giving them to cisgender kids for like three decades now.
00:39:03.260 You wouldn't really know it if you're not familiar with the research, but he's trying to draw a clean line between the mountains of evidence we have about puberty blockers for the treatment of precocious puberty and the relatively small amount of evidence we have for treatment of gender dysphoria to say like, well, we don't know the long term effects.
00:39:31.020 Yeah, that's functionally irrelevant because we do know about the long term effects because a ton of people have used these medicines.
00:39:40.120 There have been a ton of studies just in a slightly different context.
00:39:42.960 Right. And there's no reason to believe that we've seen that the long term effects would be different when the treatment is for gender dysphoria.
00:39:49.420 And then he runs through hormones. 0.60
00:39:51.220 He then gets into surgery where he, of course, includes this like lurid description of like the surgery.
00:39:56.520 Classic Thomas.
00:39:57.200 What stood up to me is that he says, for boys, surgical interventions include removal of the testicles, blah, blah, blah.
00:40:03.120 And then he gets into this long description.
00:40:04.500 But it's like, boys, these surgeries aren't really being performed on minors.
00:40:09.060 But he, of course, uses the term boys throughout to imply that young kids are having their genitals removed constantly.
00:40:14.840 Then he gets into the ongoing debate over the efficacy of sex transitions and how other countries – he has a whole section about how, like, other countries are now pulling back from this care.
00:40:24.900 But, of course, if you look at any one of those individual countries, it's like, oh, yeah, they're in the same moral panic that we are.
00:40:30.840 Right, right, right.
00:40:31.280 He then, of course, cites the cast review.
00:40:33.560 This is the UK review that is like if you pick any fucking page at random, it's like so obvious that this is like a political document. 0.99
00:40:40.660 It's like it says that like kids are becoming trans because of porn. 0.91
00:40:44.320 But then what really stood out to me was this like weird talking point that you find on the sort of turf right.
00:40:51.420 So I'm going to send you this.
00:40:53.440 Among other things, the Katz review determined that the evidence the researchers found did not support the conclusion that hormone treatment reduces the elevated risk of death by suicide among children suffering from gender dysphoria.
00:41:04.060 Quote, the evidence does not adequately support the claim that gender affirming treatment reduces suicide risk.
00:41:09.380 This is one of the canonical examples of like the overreach and mendacity of quote unquote trans activists that like they call this life saving care, but there's no evidence that it reduces suicide.
00:41:20.040 On one level, it's kind of true in that when you look at the actual studies of gender-affirming care, they can't find that the number of completed suicides is lower in the treatment groups than the control groups, right? 0.79
00:41:34.320 So it's like, boom, gotcha.
00:41:36.460 But the issue with this, I mean, this is – I was going to say like the problem with this, but this is actually like a blessing and a good thing, is that completed suicides by teenagers are extremely rare.
00:41:46.060 So there are 42 million Americans between 10 and 19, 42 million kids.
00:41:51.300 There are around 2,800 suicides among adolescents every year.
00:41:55.840 So that's one in 15,000 teenagers kills themselves every year.
00:42:00.160 The rates are much higher among trans kids.
00:42:02.740 But if you wanted to do a study large enough to show, okay, the control group had four suicides and the treatment group had two suicides to prove that gender-affirming care reduces suicides,
00:42:15.420 You would need like tens of thousands of children in these studies.
00:42:19.080 Right. 0.98
00:42:19.220 You can't do that because we don't even have enough kids have received gender affirming
00:42:23.620 care to do a study that large and that long term.
00:42:26.180 Like it's literally impossible to get a large enough study to have statistical significance
00:42:30.500 for suicides.
00:42:31.680 It's very difficult.
00:42:33.060 And so what the studies actually find is that gender affirming care reduces depression,
00:42:39.060 anxiety, self-harm, and suicidal ideation.
00:42:42.440 looking at all of that together, people usually use as a shorthand, this reduces suicides. I think
00:42:49.220 that is totally reasonable to infer from that that like, yeah, if it reduces suicidal ideation,
00:42:54.260 self-harm and depression, yeah, probably somewhere down the line, it's reducing suicides. But the
00:43:00.120 turf like weaponized pedantry brigade seizes on this and it's like, oh, so you're lying. Oh,
00:43:05.320 so you can't prove that it reduces suicides. The way I think about this stuff is that it's not
00:43:10.820 designed to make a holistic case for the idea that this care is dangerous or ineffective
00:43:21.940 the idea is to like massage a little bit of institutional trust out of your brain
00:43:28.460 yeah that way when you exit reading the concurrence you're like yeah i don't know
00:43:32.500 yeah yeah i don't know about all this he then gets into this thing of like whether or not
00:43:36.080 kids can consent, like meaningfully consent to gender affirming care. He has this citation
00:43:41.860 from the New York Times that says many physicians in the United States and elsewhere now prescribe
00:43:47.980 puberty blockers at the first stage of puberty as early as age eight. But like that's the point
00:43:53.340 of puberty blockers. Right. To block puberty. Yeah. And like precocious puberty for cisgender
00:43:57.460 kids is for like very young children who start to go through puberty. The point of puberty blockers 0.80
00:44:02.100 is to be given to very young kids.
00:44:04.100 Someone using puberty blockers who is going through puberty at like the median age,
00:44:09.180 we'd have less data on that, on the use of puberty blockers in those circumstances
00:44:13.360 than we do for people who are going through it earlier.
00:44:16.520 Exactly.
00:44:16.740 Because that's the entire- 0.99
00:44:17.700 That's the fucking point. 0.99
00:44:18.980 Premise. 1.00
00:44:19.320 That's why we have puberty blockers, right?
00:44:21.140 It's just this kitchen sink thing where they're just throwing in any excuse to cast doubt on this,
00:44:25.680 regardless of whether it actually makes sense.
00:44:27.340 I think it's important to understand that if you poured the resources into it,
00:44:32.100 In terms of like, you know, the right wing money, the journalism.
00:44:37.620 Yeah.
00:44:38.000 You could cast this much doubt on basically any medical procedure.
00:44:41.680 Completely.
00:44:42.040 You could do it with chemotherapy.
00:44:43.600 Or physical therapy.
00:44:44.400 I mean, if you just like subpoenaed 3,000 emails of like the National Physical Therapy Association, you would probably have weird cranks. 0.98
00:44:52.600 You would have like dumb fights.
00:44:54.600 You could find people for whom it was not just ineffective but counterproductive. 0.97
00:44:58.860 Completely.
00:44:59.420 Yeah.
00:44:59.620 It would be very easy.
00:45:01.460 And if the New York Times was writing 20 of these articles a year, within a couple of years, you would have a body of work that could be cited in the Supreme Court's reporter and look authoritative.
00:45:15.680 You would also have public polling showing that like 30 percent of the population now thinks physical therapy isn't such a great idea.
00:45:21.340 Like you could easily gin up a moral panic around anything if you subjected it to this much scrutiny.
00:45:26.560 Absolutely.
00:45:26.880 The next section of this concurrence is just a series of, like, really weird conspiratorial claims about WPATH, the World Professional Association for Transgender Health.
00:45:38.760 They have these standards of care that give guidelines for, like, how should you perform care?
00:45:43.420 How long should people be assessed?
00:45:44.440 Whatever.
00:45:45.000 It's a massive document.
00:45:46.020 It's a years-long process to update it, kind of like the DSM-5, like they update it periodically.
00:45:50.680 The Standards of Care 8 has just come out and right-wingers have become obsessed with this
00:45:55.540 organization and the Standards of Care and have done like the same thing we've seen with the lab
00:46:00.640 leak where they just file a shitload of lawsuits and FOIA requests and they try to get as many
00:46:05.780 background documents as possible. So there's around 3,000 pages of various emails and internal
00:46:12.040 discussions that have now been released and they just gin up narratives out of them. Like they just
00:46:16.680 go through looking for gotchas. Yeah. Clarence Thomas just repeats a bunch of the talking points 1.00
00:46:20.840 that have kind of come out like these incriminating things that have come out. And also, as we saw
00:46:25.800 with the lab leak is like nothing is actually all that incriminating here. It's mostly just like
00:46:30.240 academics talking academically and people basically acknowledging the fact that like they are under
00:46:36.180 sustained assault from the right. This is one of the most interesting things about this is that
00:46:40.820 a lot of the things that he claims in this section indicate like political bias are really
00:46:46.360 sort of the downstream effects of the politicization by the right he makes it seem like it's all
00:46:52.060 nefarious and it's like well yeah these organizations are like besieged by your freak
00:46:57.120 allies exactly and they know that every single thing that they do is going to be scrutinized in 0.96
00:47:02.120 bad faith the one that i like didn't even bother like looking through the fucking evidence for is 0.71
00:47:07.820 at one point he says one of wpath's contributors admitted that the wpath standards of care is not 0.92
00:47:14.740 a politically neutral document right yeah like this is just an acknowledgement of like yes this
00:47:21.100 this is a political issue right now and so yeah people are gonna acknowledge the fact that they're
00:47:25.840 under political attack it's like he says this as if it's like they admit it it's like yeah they're
00:47:30.940 not stupid these are adults he reads that to mean that they are doing science based on their
00:47:36.280 politics right but what it actually is in like 99 of cases is the other way around exactly yeah 0.98
00:47:43.520 They have a position on what the science says based on their actual expertise and they want the policy world to reflect that.
00:47:52.600 I do believe that climate change is real and I do believe that like public policy should reflect that.
00:47:58.360 Public policy should reduce the use of fossil fuels.
00:48:00.780 Yeah.
00:48:00.940 If you believe something, you would like things to change to acknowledge it.
00:48:04.520 I think that's what like most of these people are doing is like, well, yeah, all the evidence is that it works.
00:48:09.940 So we would like it to be legal.
00:48:11.160 Like we think it's bad to ban a thing that works.
00:48:13.980 And it's like, oh, so you're letting political ideology affect your scientific work.
00:48:18.020 Not really.
00:48:19.100 Like we think science should inform politics.
00:48:21.860 But they really want to believe is that the left does this stuff the same way that they
00:48:25.760 do.
00:48:26.080 That the complete dishonesty with which they approach science is a mirror image of the
00:48:33.380 left when it's not.
00:48:34.340 So we're just going to go through a couple of these.
00:48:35.580 I'm going to try to like speed run through these.
00:48:38.020 But let me send you this one, Peter.
00:48:40.800 This is Clarence Thomas talking about WPATH.
00:48:44.020 In one instance, the chair of WPATH guidelines committee testified that it was ethically justifiable for the authors of the WPATH 2022 guidelines to, quote, advocate for language changes in these guidelines to strengthen their position in court.
00:48:57.300 So this is based on a super hostile deposition of Eli Coleman, who is one of the people who's on the board of WPATH doing like the evidence review.
00:49:06.300 apparently there's an email where somebody is saying like hey right now the draft of the
00:49:12.500 standard of care say that like there's insufficient evidence for gender affirming care yeah i don't
00:49:17.180 know if it's like super smart to say that because like we're under all this political attack i don't
00:49:20.360 think that's a great idea and then they like go back and forth this guy eli coleman is in this
00:49:24.600 deposition with this lawyer who says did you as chair of the sock eight project consider it ethical
00:49:31.820 and consistent with good practice for the development of evidence-based guidelines
00:49:35.300 for an actively serving expert witness to advocate for changes in language to strengthen his position
00:49:41.120 in court. Here, I'm going to send you the Eli Coleman's answer. The main thing that I would
00:49:46.040 say is that lots of different people, lots of different opinions and everything was listened
00:49:50.400 to. But that was the beauty of our methodology, that we had such a rigorous process of checks
00:49:54.660 and balances so that no one individual would be able to dictate the outcome. It would be heard,
00:49:59.060 but that would not be able to hold sway in the process. And so, yeah, I think that some
00:50:04.840 individuals might have wanted certain things for whatever reasons, but we always stuck to the
00:50:08.600 science and we stuck to a consensus process in arriving at the final recommendations.
00:50:13.260 So again, Clarence Thomas says the chair of the guidelines committee testified it was
00:50:17.820 ethically justifiable for the authors of the guidelines to advocate for language changes
00:50:22.180 to strengthen their position in court. That's not what this guy is saying at all.
00:50:25.860 Not even a little bit.
00:50:26.460 He's like, yeah, people on the email threads like said all kinds of things.
00:50:29.560 Well, actually, I mean, I do think that maybe he's saying it's fine for them to advocate
00:50:33.760 for whatever reasons they want. Right. But that the process is rigorous enough that they're going
00:50:40.920 to like end up in an objective place. Right. And also, I mean, any process where you have like
00:50:45.380 dozens of academics weighing in on something, you're going to have different views. And like
00:50:49.280 some of those people might say crank shit or might say shit that is out of pocket or like 1.00
00:50:52.800 might even say like, we should twist the science for our own goals. Yeah. Yeah. But he's like, 1.00
00:50:57.100 well, we're hearing from lots and lots of people and we're putting the science first. And so the
00:51:01.400 fact that someone said something in an email isn't actually evidence that like we've twisted
00:51:05.660 the science to reach political goals right this is also another funny thing about the concurrence
00:51:10.180 is that like there aren't really any quotes or like debunkings of the actual guidelines this is
00:51:16.580 very similar to the lab leak stuff where it's all this weird fucking lore about what they're saying
00:51:20.780 in slack but the actual document that they produced is totally true right it's like the actual
00:51:24.800 guidelines themselves are very conservative and present evidence and like if the guidelines were
00:51:29.380 lying about evidence well surely you would just have like okay here the guidelines say this
00:51:34.100 but this is debunked by this extra evidence that's why it reminded me so much of like 0.63
00:51:39.060 conspiratorial bullshit because if the output of this supposedly politically corrupted process 0.61
00:51:46.280 is inaccurate scientifically surely you can just point to that yeah that would be easy yeah but no 0.97
00:51:51.580 you can't all you can do is pull stray quotes from depositions so speaking of which here's uh
00:51:58.700 The next accusation.
00:52:01.000 One of the guidelines contributors was more direct.
00:52:03.280 Quote, my hope with these guidelines is that they land in such a way as to have serious
00:52:07.140 effect in law and policy settings.
00:52:09.400 This one is two people debating what they should call the chapter that gives population
00:52:15.580 estimates of like how many trans people there are, like what is the population rate?
00:52:20.080 And so one person says we should call the chapter population estimates.
00:52:23.680 And then the other person is like, well, there's already this big fight about like
00:52:27.920 scientific uncertainty and we're being accused of having no evidence for our claims so i don't
00:52:32.140 think that calling it estimates is a great idea because that sort of plays into that narrative so
00:52:36.220 why don't we call it population health research and then the other person is like no but they
00:52:41.420 are estimates like this we are estimating the population to the extent that we can
00:52:45.680 and so in the end they call the chapter population estimates like that's all that happened okay hold
00:52:51.640 like so am i crazy like these guidelines are would serve two two primary purposes one as uh guidance
00:53:00.900 for people in the medical profession two for like regulators and lawmakers yeah this just feels like
00:53:08.340 a very obvious part of like what these would be for and the idea the idea that they would have an
00:53:14.020 impact in law and policy settings is just like very natural again this is just like thomas getting
00:53:18.660 the causation wrong. The other one that he gets into is a footnote about WPATH holding back
00:53:25.480 research. WPATH's deference to political pressure is not the only high-profile example of ideology
00:53:30.840 influencing medical conclusions in this area. Recently, an influential doctor and advocate
00:53:35.860 of adolescent gender treatments declined to publish a long-awaited study of puberty-blocking
00:53:40.600 drugs that suggested her initial hypothesis about the drug's efficacy had not borne out.
00:53:45.020 So this is pulled entirely from a New York Times article that just like ginned this controversy
00:53:50.680 out of nothing. This New York Times author speaks to Joanna Olson Kennedy, who is a gender affirming
00:53:58.760 care doctor in LA, who was doing a study on puberty blockers where they gave kids puberty
00:54:03.480 blockers and they followed them over two years. Despite getting a grant for this work nine years
00:54:08.040 ago, the results of her study have not been published. And when she's asked by the New York
00:54:13.660 Times about this. She says, I don't want our work to be weaponized. It has to be exactly on point,
00:54:18.720 clear and concise. And that takes time. She also mentioned that their funding has been cut. This
00:54:23.420 is before the Trump cuts. This is previous cuts to NIH funding. And so it's sort of like, yeah,
00:54:27.640 we haven't published yet. And I want to make sure that our findings are accurate and completely
00:54:32.600 watertight before we publish them. But this is framed by the article as like, oh, it's political
00:54:39.460 pressure. Oh, they'll be weaponized. So you're holding them back. But all she's saying is that
00:54:44.340 we want them to be accurate. And also elsewhere in the article, the author of this paper describes
00:54:50.020 the findings. It's like we put kids on puberty blockers and they didn't see significant decreases
00:54:55.680 in depression. So if this is a giant coverup, it's kind of weird for the author to just describe the
00:55:01.740 findings, like to just admit to what the findings were. Like we talked about this in our previous
00:55:05.180 trans kids episode that like it's actually a fairly consistent result that kids on puberty
00:55:09.800 blockers don't see significant decreases in things like suicide or depression partly because
00:55:15.060 puberty blockers don't actually do anything if you're experiencing like gender dysphoria and
00:55:20.000 then you go on puberty blockers your body has not changed and so there's no real reason why a
00:55:24.700 researcher would hold back findings on this when there's lots of other studies find this this isn't
00:55:29.060 actually that controversial of a finding right these results were eventually published and
00:55:32.920 they're kind of in line with existing, with other existing literature, they did actually find a
00:55:36.540 reduction in suicidality, but it didn't appear to reach statistical significance. The idea that
00:55:41.880 she's sort of, she's saying we don't want our work to be weaponized, that that is like letting
00:55:47.060 political considerations affect scientific research. It's like, it's this weird circular
00:55:52.260 thing where it's like, well, this New York Times article is weaponizing her work. You're doing the
00:55:56.620 thing that she's worried about, right? She's like, we don't want someone to take like our random
00:56:00.820 shit out of context and say that the entire field is bunk. And then this article says that the entire 0.98
00:56:05.920 field is bunk because of an out of context quote, a single quote. Right. Again, there's no real
00:56:10.400 content to this. It's like, OK, so someone was slightly delayed in publishing their results and
00:56:15.220 freely admitted to what their results are and also then published them. What's the actual scandal
00:56:19.860 here? I don't know. There's something something exhausting about like exhausting. You're meant
00:56:24.540 to believe that like the American Academy of Pediatrics or whatever is like living under the
00:56:31.460 storm cloud of politics and you should just be ignoring them entirely. But like some dipshit 0.99
00:56:37.320 journalist gets front billing and like whatever fraction of an email they can throw at you to cast 0.97
00:56:44.900 doubt upon trans health care, you should put your trust in it. So now we get to the Biden
00:56:49.760 administration. This is the accusation of the Biden administration warping the WPATH guidelines
00:56:54.880 for its own ends. So here is Clarence Thomas. Recent reporting has exposed that WPATH changed
00:57:02.900 its medical guidance to accommodate external political pressure. Unsealed documents revealed
00:57:08.780 that a senior official in the Biden administration pressed WPATH to remove age limits for adolescent
00:57:14.040 surgeries from guidelines for care of transgender minors on the theory that specific listings of
00:57:19.400 ages under 18 will result in devastating legislation for trans care. Despite some
00:57:25.420 internal disagreement, WPATH acceded and removed the age minimums in the eighth edition of its
00:57:31.160 standards of care. So you looked into this one a little bit, right? Yeah. What was your read on it?
00:57:34.800 So what's sort of missing from Thomas's analysis is like what actually played out here, which is
00:57:41.220 that this is about the minimum age at which they recommend certain gender affirming care, right?
00:57:48.680 What they were going to do was specify certain lower ages below 18, 14, 15, depending on the treatment.
00:57:56.460 They were going to lower the ages from previous recommendations.
00:57:59.760 The Biden administration, Rachel Levine, the assistant secretary of HHS, says, hey, I don't think you should do this basically because it's going to incur the wrath of the right.
00:58:11.620 They're going to react to this saying, oh, my God, you're recommending surgeries for minors or whatever.
00:58:18.680 So you shouldn't do it.
00:58:20.000 You should leave the ages out. 1.00
00:58:21.880 And they do. 0.76
00:58:23.520 Yeah.
00:58:23.620 It appears that they ignored her, but then the AAP.
00:58:27.540 The Academy of Pediatrics.
00:58:29.660 Yeah.
00:58:30.020 The AAP then pressured them and then they removed the age recommendations.
00:58:33.840 So what happened here holistically is that they acceded to right wing pressure.
00:58:41.900 Now, indirectly, of course, right?
00:58:44.140 Because the actors involved were not right wing actors.
00:58:47.840 But what they – what actually happened is that they changed what the guidelines say to ensure that the right doesn't get too angry.
00:58:56.320 I mean literally the opposite of what Thomas says happened.
00:58:59.440 But whatever.
00:58:59.820 What's also so weird about this is the sort of the lack of context of the actual content of the guidelines.
00:59:05.840 So it is true that they removed the sort of age minimums for most things.
00:59:09.620 But if you read the actual guidelines, kids should only receive gender-affirming care if the following criteria are met, right?
00:59:16.520 It says,
00:59:46.520 suppression the adolescent has had at least 12 months of gender-affirming hormone therapy or
00:59:50.940 longer if required to achieve the desired surgical results so there are not age minimum guidelines in 0.60
00:59:57.400 here but what everybody always fucking melts down about is like oh they're being rushed into 0.77
01:00:01.800 surgeries and medications but the guidelines themselves are like no make sure that the kid 0.97
01:00:06.460 does not have severe mental health problems right make sure that this kid has been on hormones for 0.94
01:00:11.180 a year all the shit that they say they want that's the thing it's sort of like well what do you want 0.88
01:00:15.300 Like, every medical provider understands, like, the basic premise that, like, yeah, kids experiment with identity at that age and, like, kids say things that they may want to change later. 0.99
01:00:25.860 Like, every doctor of, like, adolescence fucking knows this, right? 0.89
01:00:29.560 Yeah, yeah. 0.94
01:00:29.900 So it's like, okay, we have this sort of conceptual acknowledgement that, like, yeah, kids are experimenting with their identities at this stage.
01:00:35.380 We want to make sure that this is, like, a persistent identity before we do anything irreversible.
01:00:38.920 Everyone agrees with that conceptually.
01:00:40.680 And then in practice, we have no evidence of kids being rushed into these procedures.
01:00:44.100 You just don't find either in the rhetoric of WPATH or in the actual evidence of the number of kids and the conditions under which kids are receiving this care, you don't find evidence of large numbers of kids being rushed into it.
01:00:55.680 But those sort of basic facts always get lost.
01:00:58.760 Like, did you know in an email they said it will be weaponized?
01:01:00.940 Well, I mean, and let's not lose sight of what's happening here. You have literally dozens of professional organizations chock full of experts saying, hey, Supreme Court, we think this is safe and effective for what that's worth. And then you have Clarence Thomas, a career lawyer.
01:01:21.140 Yeah. And not just a career lawyer, but a guy who's been on the Supreme Court for actually
01:01:27.280 almost half of his life. Yeah. Being like, no, I don't think so, guys. He's like, didn't you
01:01:31.820 forget to ask someone? I don't consent. You know, this is anti-intellectualism at its core. Yeah.
01:01:37.720 Yeah. What Clarence Thomas believes is that trans people are just extra gay. That's what he believes. 0.99
01:01:44.700 But then do you want to get into that now, Peter? The bizarre fucking victory lap after this 0.99
01:01:48.840 decision? Yeah, let's do it. Let's do it. 1.00