Live from Music Row Tuesday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. – host Leahy welcomed Grassroots Engagement Director of Americans for Prosperity-Tennessee Grant Henry in studio to weigh in on Rep. Steve Cohen (D-TN-09)’s call for the retirement of Justice Stephen Breyer and Dr. Michelle Fiscus’s lawsuit.
Leahy: In studio. Grant Henry, grassroots director for Americans for Prosperity- Tennessee. We have some interesting Tennessee stories we’ve been talking about here, Grant. Of course, we’ll get back to Michelle Fiscus, former vaccine official lawsuit. (Chuckles) But I have to come back some of these comments of people who’ve been reading our story about Tennessee Representative Steve Cohen.
Now he demanded U.S. Supreme Court Justice Stephen Breyer retire. Here’s what he said. The esteemed Justice Breyer needs to announce retirement so Biden can name his replacement while Democrats still have the majority in the Senate and Chief
Justice Roberts doesn’t influence the Trump far-right faction. This is what we learned from the court’s failure to protect Roe/women in the Texas case. This is what Steve Cohen wrote. Our readers at The Tennessee Star, tennesseestar.com have a few choice words for Steve Cohen. Here’s what Nicky said. The worst person in Tennessee easily.
How about he, Steve Cohen retire and move to Jersey or some other liberal hole. You know, they said liberal hole. That didn’t add the other descriptive terms that we know they meant to say thanks. Russ says I and many others demand that Cohen resign.
It means just about as much as what he is saying. It only makes him look stupid. It’s easy for him to look stupid because he is stupid. Here’s what traditional thinker says.
Steve Cohen has proven himself to stand up for everything supported by hell itself. (Laughs) Tim says who the blank does Steve the worm Cohen think he is to tell a Supreme Court justice to retire? Grant your thoughts on that.
Henry: Americans for Prosperity has no opinion on this topic. I have several opinions on this topic. (Leahy laughs) The one comment where it mentioned the sort of willful ignorance of Representative Cohen, that’s exactly where it is.
Look, I don’t know what’s happening with these Democrats in D.C. right now, but it’s almost as if they didn’t read the Supreme Court opinion. It’s two pages long. And in the Supreme Court’s opinion, says clearly that there is no indication of the constitutionality of this Texas decision.
The reason why they didn’t do anything with it is that they don’t know what to do with it. Representative Cohen, who would you bring to court? If you can answer that question for me, then I will agree with you 100%.
But if you can tell me who to bring the court, this Texas law specifically says that it gives a private right of civil action for an individual to sue. There’s nobody to bring the court. There’s no state executive individual to sue on
Leahy: All this law did or does because it’s still in effect is it allows its individuals to sue abortionists who conduct abortions after a fetal heartbeat is detected. So it’s not going to prohibit anybody from that having an abortion per see.
It allows for civil action. It’s a very interesting approach on the issue of abortion and the Supreme Court didn’t rule on the merits of the law. What the Supreme Court said is, look, this is currently going on in litigation at the lower courts.
Let them hash it out. Meanwhile, we’re not going to grant a temporary restraining order. It was five-four, by the way. And Roberts cited with the liberals in that case.
Henry: Yeah, the Supreme Court opinion clearly says right here federal courts enjoy the power to enjoin, meaning prohibiting someone from performing a particular action. They enjoy that power to enjoy individuals tasked with enforcing the laws.
But not the law of themselves. So when AOC and Steve Cohen are coming out there saying, like, hey, this is an overruling of Roe v. Wade, we need to pack the court or change Supreme Court.
It’s one of two things. You’re either being willfully ignorant of what’s happening or you’re being purposely misleading. And I’m not necessarily sure which one’s worse at this point. Do you know what I’m saying?
Leahy: Willfully ignorant. Does it matter? Because I think he’s generally willfully ignorant in terms of promoting an anti-American agenda. And with everything that’s leftist, that’s what Steve Cohen is for.
The guy keeps getting reelected from that district. I don’t see any challengers coming up to him in 2022. He is a caricature of a moron, I would think. He’s just not the brightest guy.
Henry: In the standard to do this gamesmanship through the court system, that standard was set by a party other than conservatives. The idea that you can circumvent the will of the people and go around the legislature and use the court systems to do some funny business, that standard was set a long time ago.
Now, why is it surprising then that the right is trying to play the exact same game or figure out some novel concept to get their issues pushed as well? I say this multiple times.
If this truly is a constitutional right, then convince your fellow man, change hearts and minds, put it into code and pass it the way that it should have been passed to begin with. Don’t rely upon nine unelected individuals to tell the rest of the country what should and should not be.
Leahy: Yeah. Well, that’s the latest, Steve Cohen. I think, like, every two weeks, he feels the need to demonstrate that he’s like, the worst congressman in America so far. He doesn’t disappoint coming up with stupid statements.
Henry: I hear ya.
Leahy: And this is kind of what we have to deal with guys like this in the House of Representatives. The other story we touched on it briefly was the former Tennessee vaccine official who sued the state over termination. Michelle Fiscus.
Here’s a little bit of the story. She was fired by the state in early July, and after her firing, the Department of Health released a memo from Chief Medical Officer Tim Jones about the termination.
She said, “communical and environmental diseases and emergency preparedness Division leadership and Tennessee Department of Health Human Resources receive multiple complaints from the program staff regarding Fiscus’s management style, treatment of employees, and poor program morale.”
Fiscus said she did not see the letter until after it was sent to the media. She claims her firing was related to a memo she sent to vaccine providers about the mature minor doctrine, showing case law from 1987 and interpreted to mean minors could choose to get health care, including a vaccine without parental consent.
That was her proactive communication. Here’s what Jones wrote to her. “That letter should have been reviewed by both leadership and departmental legal counsel. However, Dr. Fiscus did not share that letter and in essence, endorsing this mature minor doctrine nor otherwise include any of these parties in the drafting process prior to sending it out. The action resulted in confusion of both law and policy for private providers, parents, and legislators.”
We talked about the mature minor doctrine and to me, I think it was a misinterpretation of that doctrine by Dr. Fiscus that I don’t think she should have sent that out. The mature minor doctrine is not a state policy.
It was one element of a Supreme Court decision in 1987 here in Tennessee that said, in one particular circumstance, the doctor couldn’t be sued because the person that was involved in this had brought the lawsuit at the time of 17 years and six months and presented as mature and could make their own decisions.
She then tried to use this as a reason to say any kid over the age of twelve who wants to get it, I think it was over the age of twelve.
Maybe it was over the age of 14. That anyone over that age who wanted to get a vaccine for COVID-19 could get it without out parental consent. That’s a problem, I think. Your thoughts Grant?
Henry: I’ll tell you right now again, Americans for Prosperity. We don’t have an opinion on the vaccine stuff, but I am telling you right now, anyone that’s listening to my voice Tennesseeans understands that when you start messing around with parental consent is always going to be a bad outcome.
Every single time it’s going to be a bad outcome. Again, one more push for, let’s get the parents more involved in the entirety of this process, whether we’re talking mask or vaccine, especially when it comes to school.
Give these parents some more choice into where to take ate their children to school. And I’ll say this also for anybody that’s sort of in the no Infinity politics, contact your individuals up there at the state legislature.
They’ll tell you the exact same thing of this quote right here. It is correct that it was multiple complaints from program staff regarding management style, treatment of employees, and poor programmer morale.
This has been a long time coming to the best of my understanding and assessment. These are the words they’ve been given to me by the people that I know up there at the state legislature as well. I think this again, as I say, it was a pattern of behavior if you will.
Leahy: This will all be tried in court. I think if you’re fired in Tennessee, you have a pretty high standard to hit because it’s a right-to-work state here and even for the state government employee. So we’ll see how that all plays out.
Listen to the full third hour here:
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