John speaks with authority since he is a NATAL CIS WOMAN and definitely not a fucking creep who wants to fondle his crotch stump in female-only spaces.
John will at some point say something like this in front of someone who can cancel him, because he just said there are two classes of women, "biologically female" and transwomen. This is heresy. Everyone knows trans women are women, period, full stop.
The only thing that saves John from cancellation is his complete insignificance.
Also what John made up and then attributed to an imaginary law professor is gibberish. "Foundational questions" are what you would ask to establish a FOUNDATION for the admissibility of evidence, i.e. what is this document, where is it from, who created it, are they here to establish its authenticity, is it self-authenticating and does not need further support, etc.
"Foundational questions" is also used in a number of ways outside law, none of which remotely resemble whatever the fuck John is trying and failing to say.
I do not even understand his point here. Is he arguing that asking these types of basic questions is operating in bad faith? The definition of woman is the basis of things like women's right (kek) and feminism (kek agen).
The fundamental or, let us say, foundational fallacy of SJWism is that no disagreement is possible without malice, and also that somehow a completely valid argument becomes invalid because of who makes it. It's a subspecies of ad hominem that operates on the belief of bad faith, regardless of the evidence or lack of evidence for it.
It's essentially a thought-stopping cliche to avoid ever even addressing or thinking about the holes in one's position. This is why mind-bogglingly stupid arguments get made blithely by these people all day long.