BUCK: We have Stephen Miller with us now, former senior adviser to President Trump and president of America First Legal. Stephen, great to have you back on the program.
MILLER: It’s great to be back. Thank you.
BUCK: So you’re on the front lines of the legal fight in so many ways, but I wanted you to tell everybody about what America First Legal is doing when it comes to places like Dick’s Sporting Goods offering benefits to employees who abort their children but not offering equivalent benefits to mothers who actually give birth. Tell us about this.
MILLER: Yes. So America First Legal recently launched a new effort to go after woke corporations for violating the civil rights of their employees and the American people in general.
And tragically, Dick’s Sporting Goods is at the leading edge of the woke corruption of corporate America, and they have announced a policy which provides a $4,000 subsidy to pregnant mothers who abort or terminate the child living inside their womb, but no equivalent such benefit to pregnant mothers who choose to allow that child to continue living and ultimately be born, which violates federal civil rights law specifically Title VII of the U.S. Civil Rights Act as amended by the pregnancy discrimination act which forbids discrimination against pregnant moms.
And obviously by financially incentivizing pregnant moms to terminate the baby, they are discriminating in an illegal way against those mothers. Dick’s Sporting Goods also has adopted a formal published system of racial quotas in making decisions about hiring and promotion, which, again, facially violates U.S. federal civil rights law.
And so Dick’s executives and CEO and corporate leaders are all engaged in this scheme to break the law and violate the rights of their employees so we fired a formal federal civil rights complaint following a process outlined in federal civil rights law to hopefully initiate action against Dick’s Sporting Goods for violating all of these various federal laws.
And I would also say to everyone listening today if you are an employee of Dick’s Sporting Goods, if you know someone who is an employee, please contact us at AFLegal.org — that’s AFLegal dot O-R-G — so that we can potentially represent you if facts warrant.
CLAY: Steve, this is amazing. The work that you’re doing, because, on the one hand, if you take a step back, this is one of the most craven business moves I’ve ever seen because if you have a baby, you are pregnant and you have to — which is why we have protection for pregnant moms, you’re working through your pregnancy, you typically are taking time off after you have a baby. When they are paying people to have abortions, they’re basing ensuring that they have no lost workdays, right?
I mean, on the one hand, if you go back and actually look at this, it’s like, wow, this is incredibly craven. And so that angle —
MILLER: It’s most self-interested, cold-blooded bottom-line calculation you can imagine, which is basically you’re not gonna miss time for your OB/GYN appointments, you’re not gonna miss time for bonding with the new kid, you’re just gonna keep showing up, you’re gonna grind it out in our stores on the corporate ladder and you’re not gonna miss a day and, so we’re basically gonna save money by paying you to have an abortion. Really sick stuff.
CLAY: Yeah. And so that part of, I think, of this lawsuit is utterly wild. But also I’m curious what you expect — Buck and I have talked some on this show about the Supreme Court finally taking back up affirmative action.
You mentioned civil rights violations predicated on hiring or firing based on race are not permitted under United States law. What do you think is going to happen when the affirmative action case which has been taken by the Supreme Court and will be heard this fall presumably based on just looking at the past writings and also the Supreme Court makeup right now is going to be struck down.
What is that going to do to your opportunity to also pursue lawsuits like these?
MILLER: Well, it’s gonna be revolutionary. The Supreme Court ruling in the affirmative action case, which is really just a racial quotes case confused as affirmative action has the potential to be earth-shattering.
I believe that we have five judges who will vote to uphold equal justice and equal rights in America. And that’s what this comes down to. You have in this case Harvard University but you have universities all over the country that are engaging in wantonly virulently discriminatory behavior, based solely on skin color or iniquity background in a way that is so plainly in violation of federal law, not to mention the equal-protection clause of the Constitution. It is just so completely, transparently lawless. I pray to God we’ll get those five votes and that will open up hopefully the floodgates to much needed litigation to begin shutting down these practices all across the private and public sector.
BUCK: We’re speaking to Stephen Miller, former senior adviser to President Trump and the current president of the America First Legal foundation.
Stephen, you also may have seen that a federal judge just a couple of days ago blocked the Biden education department’s expansion effectively of Title IX through guidance which would have been prohibitively discriminating based on gender identity so this now brings the trans issue into Title IX and federal civil rights law.
The judge put a temporary hold on this one, but essentially you’ve got 20 Republican attorneys general led by Tennessee attorney general Herbert Slattery in Clay’s home state saying, well, what with R we supposed to do about gender segregated sports under Title IX saying that trans individuals can’t be discriminated against? How do you see this playing out?
And so we’re beginning tows a lot of brave attorneys general fighting back against the radical gender ideology and the administration’s implementation of it in our court system. And my organization has a very important lawsuit in this area as well.
And I would say that the — it gets back to the same issue, which is that all of these trans policies are facially discriminatory against women. And so we created this whole body of federal civil rights law to protect women’s spaces, to create separate leagues for women’s sports, in order to ensure that women are not discriminated against because they are women.
And now we have in the name of trans ideology we have men taking opportunities away from women right and left, not to mention invading their person spaces.
I mean, we’ve all seen the stories about, you know, for example, making men parading around women’s locker rooms and things of that nature. In fact, my organization has a lawsuit against Loudoun County Public Schools in Virginia which alleges, among other things, that students are being forced to share bathrooms and locker rooms against their will with the opposite sex.
CLAY: It’s absolutely insane. I mean, it truly is.
Stephen, we were talking to Senator Ron Johnson last hour, and I don’t know that we ever would have ended in a situation where you have to, in order to be able to get a Democrat nomination for the state or Senate, you have to be willing to not say that only women can get pregnant. Like you have to say men can get pregnant or they will not nominate you basically for a statewide or certainly national office now.
CLAY: Yeah.
MILLER: And we would be wise to use it in reverse to say to the American people, do not support any person for any position of power anywhere in this country, from your school board to the office of the presidency, if they are not prepared to say that only women can get pregnant.
CLAY: It’s wild that we ever got here.
BUCK: We’re now on the cutting edge of conservative theory here by just saying only men can get pregnant, Clay. This is where we are.
CLAY: Only women can get pregnant. You got crossed over there.
BUCK: Pardon me.
CLAY: Buck’s gonna be the nominee for the Democrats in 2024 now.
BUCK: Only women can get pregnant. Sorry. Sorry.
CLAY: Last question —
MILLER: — great meme about this that I encourage everyone to think about today which it was a picture of someone trying to get off the Titanic.
CLAY: I shared it this morning. It’s so good.
MILLER: Yes. Only women and children can leave and then the gentleman says something to the effect of, oh, I’m trans. How would the Titanic evacuations worked if the trans ideology had been in place back then? A great question.
CLAY: Such a great meme for people out there who remember the movie Titanic, the bad guy in Titanic is trying to get on the lifeboats, and the guy says, only women and children, and then the next shot is him saying, I’m trans. I mean, it really is ridiculous and funny. But what would you do?
BUCK: One of Billy Zane’s better moments in film is when they say, “Half the people on this ship are going to drown.” He’s like, “Not the better half.” By the way, he definitely is a Biden voter. I’m just gonna say it.
CLAY: Oh, my goodness. That is a fantastic line. Stephen, we appreciate the time. Keep up the good work.
MILLER: Thank you. Talk soon.
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