Wednesday: Below the Fold
Supreme Court weighs gender mutilation, speculation about Hegseth, Musk loses in court, and more.
Judiciary
- SCOTUS weighs gender mutilation: This morning, the U.S. Supreme Court heard arguments in United States v. Skrmetti, a case brought by the radical leftist American Civil Liberties Union’s LGBT & HIV Project against the state of Tennessee over its law banning gender mutilation on minors. Chase Strangio, a woman who identifies as a “transgender” man, made oral arguments before the justices representing the ACLU. Using the twisted euphemism “gender-affirming care,” Strangio asserts that Tennessee’s ban violates the 14th Amendment’s guarantee of “equal protection of the laws.” To make this claim, she argues, “A teenager whose sex assigned at birth is male can be prescribed testosterone to conform to a male gender identity, but a teenager assigned female at birth cannot.” Of course, that complaint rests on the false claim that biological sex distinctions only exist within the mind of an individual and, therefore, can only be known once that individual expresses a gender identity. Tennessee has argued, “It is not unconstitutional discrimination to say that drugs can be prescribed for one reason but not another. It defies biological reality to suggest, as the government does, that males and females are medically the same for purposes of receiving testosterone and estrogen.”
Government & Politics
Will Trump replace Hegseth with DeSantis? Pete Hegseth, Donald Trump’s nominee for defense secretary, is on Capitol Hill today, meeting with more senators and trying to save a nomination that appears to be on the ropes. Yesterday, Trump and Ron DeSantis reportedly met to talk about the job of defense secretary. It’s a fascinating prospect on multiple levels, and it would be a bold move, to be sure. But if anyone could clean that massive DOD house and eliminate its woke bureaucracy, it’d be the no-nonsense Florida governor, who has two years left in his second term. Would he accept? If so, we’re guessing his lieutenant governor, Jeanette Nunez, would replace him and thereby become the state’s first female and first Hispanic governor. In any case, if The Wall Street Journal is floating this DeSantis trial balloon, it means that sources within the Trump campaign wanted it so. And it means that Hegseth’s days as the nominee are likely numbered.
Chronister withdraws from DEA spot: For the second time, one of Donald Trump’s cabinet nominees has withdrawn from consideration. On Tuesday, Hillsborough County, Florida, Sheriff Chad Chronister announced his decision to withdraw from nomination for administrator of the Drug Enforcement Agency. “Over the past several days, as the gravity of this very important responsibility set in, I’ve concluded that I must respectfully withdraw from consideration,” Chronister explained. “There is more work to be done for the citizens of Hillsborough County and a lot of initiatives I am committed to fulfilling.” Chronister had come under fire from some conservatives, including Kentucky Representative Thomas Massie, over his heavy-handed actions during the COVID pandemic. In 2020, Chronister had a pastor arrested for allegedly violating social distancing orders, he pushed his deputies to get the COVID vaccine, and he released 164 inmates out of fears of spreading COVID in the jail. Massie responded to the news by posting on X, “Glad to see him withdraw from consideration. Next time politicians lose their ever-lovin minds, he can redeem himself by following the Constitution.”
Trump transition signs agreement for FBI background checks (Fox News)
Judge blasts Biden for “rewriting history” on Hunter’s tax felonies (Washington Examiner)
Harris did not lose because of low base turnout: Kamala Harris did not lose the election to Donald Trump because Democrat voters failed to show up to the polls. Indeed, the Democrats’ hard-left base did turn out in force. What Harris lost were Democrat swing voters. These swing voters are registered Democrats who, in 2020, voted for Joe Biden, but in 2024, they either voted for Donald Trump or elected to stay home. According to the numbers, a majority of these swing voters cast their votes for Trump. Even if these registered Democrats who chose to stay home had voted, it is unlikely that it would have changed the election outcome. Indeed, had they voted, there’s a strong likelihood that it would have increased Trump’s total vote. The short of it is Harris was beaten badly, and the Democrat Party needs to engage in some serious soul-searching if it wants to win back these disenchanted Democrat swing voters.
Democrat flips House seat in California in last congressional race to be decided (Washington Examiner)
DOGE considers ending Daylight Saving Time (Daily Wire)
Idaho salon owner finds Trump hatred is bad for business: Idaho doesn’t strike us as a particularly blue state. Indeed, the Potato State went [checks notes] 67-30 for Donald Trump earlier this month. So perhaps Coeur d'Alene-based salon owner Tiffney Prickett should’ve thought twice before spouting off on social media about the deplorable and garbage nature of Trump voters, whose candidate she described with words such as “racist, homophobic, and misogynistic” in a viral video. Not that we begrudge Prickett her right to free speech. It’s just that “freedom of speech” doesn’t mean “freedom of consequence from one’s speech.” Apparently, as the New York Post reports, her customers are “dropping like flies.” Said Prickett in a subsequent video: “So this is me suffering the consequences of my own action. I just had a client send her husband into my salon and demand a refund for gift cards — pre-purchased — because of my stance. … If I lose my business because … I posted a video that said if you support a racist, misogynist, homophobic, rapist, and you’re OK with it, then you are those things, I guess I lose my business.” Sounds like she at least has the courage of her convictions.
Rule of Law
NYC Mayor Adams defends Daniel Penny: He’s a Democrat, but he’s also a former cop. In addition, he’s under what appears to be a selective indictment by a Democrat Department of Justice that apparently didn’t like the way he was spouting off about the Biden-Harris administration’s open borders policies and the effects that as many as 60,000 criminal illegals have had on his city. So perhaps it’s not surprising at all that New York City Mayor Eric Adams offered some words of support for Daniel Penny, the good Samaritan and subway hero who in May 2023 took action to defend himself and his fellow subway passengers against a deranged and dangerous fellow rider who ultimately died after the encounter — a death that pathologist Satish Chundru blamed on “the combined effect of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.” Said Mayor Adams: “Those passengers were afraid. I’ve been on the subway system. I know what it is as a police officer to wrestle or fight with someone. … Based on all the facts that’s laid out, a jury of his peers will make the right decision.” The case is now in the hands of the jury, and Penny faces up to 15 years in prison if convicted. Let’s hope the jury gets it right.
Delaware judge guts Musk’s compensation: It might be that Elon Musk has the world’s deepest pockets, but that doesn’t mean he won’t feel it when an activist judge tries to pilfer him of $100 billion. “A Delaware chancery court on Monday overturned his Tesla pay package — worth some $100 billion at the company’s current stock price The Wall Street Journal reports. "The decision … sets a bad legal precedent that will damage American corporate law.” The judge in the case believes that some of the Tesla board members who negotiated the compensation package were “conflicted.” Conflicted by what, corporate profit? “A Delaware judge just overruled a supermajority of shareholders who own Tesla and who voted twice to pay Elon Musk what he’s worth,” said the company in an X post. Something tells us we haven’t heard the last of this.
Willis ordered to turn over communications with Smith: Did Fulton County District Attorney Fani Willis collaborate with the Biden administration in her decision and efforts to prosecute Donald Trump? To answer that question, Judicial Watch made an Open Records Act request for any communications between Willis and special counsel Jack Smith or the House J6 Committee. Willis initially denied any communication between her office and Smith or the J6 Committee. However, it turned out that she did have records of communication. Judicial Watch sued, and on Monday, Fulton County Superior Court Judge Robert McBurney ordered Willis to turn over the requested records within five business days. Judicial Watch President Tom Fitton observed, “Fani Willis is something else. We’ve been doing this work for 30 years, and this is the first time in our experience a government official has been found in default for not showing up in court to answer an open records lawsuit.” Given this latest development, it is likely only a matter of time before this case against Trump is dropped. One wonders if Willis will eventually be held to account for her blatant corruption. She certainly deserves it.
Misc.
Martial law declared in South Korea, then quickly voted down (Hot Air)
UnitedHealthcare CEO fatally shot outside of Hilton hotel in Midtown in possible targeted attack (New York Post)
Joy Reed complains that Trump is trying to get hostages back from Hamas (Daily Wire)
Dem staff member arrested for bringing ammo into House Office Building (Fox News)
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