Harvard Law School Professor Emeritus Alan Dershowitz praised Breitbart News and its audience for being open to “hear all points of view” during an interview on SiriusXM’s Breitbart News Sunday with host Joel Pollak.
“It’s great that Breitbart would publish my piece and put me on [its radio show], even though … many, many disagree with it,” Dershowitz said, referring to a column of his published on Sunday titled, “Ketanji Brown Jackson Is Right About ‘Woman.'”
He continued, “The difference between the right and the left these days is that people like Breitbart are prepared to hear all points of view, and even possibly change their mind if they’re persuaded. People on the hard left? Absolutely not. They just cancel and censor, and that’s why I’m happy to be given a chance to state my position.”
Dershowitz said “context” matters in defining “woman” and in distinguishing between the two sexes:
I know what a woman is. I married one. I have one as a daughter, but it all depends on context. When somebody who was born a man and transitioned to a woman wants to use the women’s room, that’s one context. When a male athlete transitions and becomes a female athlete and wants to compete, that’s a different context. When somebody wants to get into a woman’s college — there are still a bunch of them left — and the school says, ‘No, it’s only open to women, and you were born a man,’ that’s a different context.
Dershowitz held that modern technologies complicate the binary distinction between men and women:
We have techniques — surgical techniques, biological techniques, pharmaceutical techniques — for eliminating what used to be a pretty sharp distinction between a male and a female. And a judge will have cases coming up like that, and a judge shouldn’t prejudge any of them by saying, ‘I know a woman when I see one, and a woman is somebody born with certain chromosomes.’
“I think [Ketanji Brown Jackson] gave essentially the right answer,” he added. “She should have been better prepared, but she was not nearly as well prepared as Amy Coney Barrett was, and didn’t give as good answers, but on this one even though she was unprepared, she was more right than wrong.”
Dershowitz concluded, “I think the senators who pushed her so hard on ‘What’s a woman?’ had a kind of simple-minded approach to what has become a more complex issue.”
Dershowitz highlighted his previous live on-air discussions with Pollak, regarding his support of “vaccine mandates” as illustrative of Breitbart News’s openness to discussion of positions broadly unpopular with conservatives and similarly liberty-minded persons.
Breitbart News Tonight broadcasts live on SiriusXM Patriot channel 125 weeknights from 9:00 p.m. to midnight Eastern or 6:00 p.m. to 9:00 p.m. Pacific.
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