Pastor Harry Reeder: Trump’s judicial nominee list shows his commitment to originalists and constitutionalists


 

 

 

 

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TOM LAMPRECHT:  Harry, I want to take you to an interesting article out of CNBC. It’s been well-noted that Donald Trump has had his conflicts with Congress, both Republicans and Democrats, but there’s one area in which Donald Trump has prevailed quite well, and that’s in the area of his judicial appointments.

There are two reasons for it, according to CNBC. One is Senator Chuck Grassley who heads up the Senate Judiciary Committee. He has decided not to honor a Senate tradition for holding up hearings for judicial nominees who aren’t cleared by their own home state’s senators.

And he also has none other than Harry Reid to thank, who killed the filibuster rule for judicial nominees back in 2013. After he killed it, it was gone for good. According to a report from The Christian Science Monitor, this is likely to be the most vacancies for a president to fill in 40 years.

DR. REEDER: And there is a lot of signals that Supreme Court Justice Kennedy is going to retire and that he will be putting forth another nominee for Supreme Court and he has refurbished his list and this list is as good or even better than the previous list when he was campaigning.

You can see the importance of this, Tom. All of us who have concerns about public policy and how the judicial arena is now being used to establish public policy by judicial activism, you can see it in the many different responses to the initiatives of President Trump concerning his prerogatives as an executive officer of the nation and how progressives and secularists have made use of activist judges to thwart various initiatives.

And you can also see it because of the upcoming cases. We now have the Supreme Court case that’s likely going to be addressing California’s attempt to make crisis pregnancy centers communicate and market abortion clinics and the abortion practice. You’ve got the issue of mandated healthcare that includes abortifacients.

All kinds of issues coming up through the court system and how, at the federal level, the court of appeals is where most of these are decided because not all can go to the Supreme Court so, this is an important story.

Let’s also take just a moment to affirm an aspect of a Biblical world and life view. “What a man sows, he also reaps.” The Bible tells us that, even in our life as a believer, if we do a sinful act, then it has its consequences.

Harry Reid, when he decided to become a puppet of the secular progressives, in general, and the executive branch in the previous administration’s agenda to implement the secular progressive agenda, he then did away with the filibuster concerning judicial appointees, which has now cleared the way for the present administration and the Republican-controlled Senate to continue this fast-tracking of judicial appointees.

Now you’ve got the courage factor of Senator Grassley, who is probably one of the longest sitting senators – and one of the benefits of this, he is not really concerned about a reelection – he went ahead and bit the bullet on this one.

He removed the, quote, “blue slip” prerogative for senators from a home state of a judicial appointee to be able to hold up a process. Back in the day, the notion was that the senators from the home state would know more about that person than someone else and, therefore, were given more weight in the process.

If they thought it ought to be held up, then there was the consideration given to them that it would be held up. But, now, Grassley says, “We don’t need that. We know all that we need to know about judicial appointees with our technology and communication,” so they are now fast-tracking it.

Well, the result is I don’t think any president in 45 years has both the opportunity and is on-track to appoint more nominees to these federal positions than the current president, Trump, is now able to accomplish because of these two factors.

And any fair reading of those whom he is nominating does affirm that President Trump is maintaining his commitment to put in originalists and constitutionalists – that is, those who believe the law must be interpreted as it was written and applied to the current situation, not rewritten by the current situation – the result is we would get truer constitutional judgments from the federal court and it bodes well for any future consideration of a Supreme Court judge.

Tom Lamprecht: Harry, how are we going to get to a point where we prevent justices from creating law?

DR. REEDER: Well, I think the only way that you do that is to put in justices who do not believe that’s the purpose of the judge. The purpose of the judge is to understand the law, its original content in its original context – what was it written to say, what was it written to do – and then, with wisdom, which is why we pray, “God Save The Court,” apply it to the current situation.

Not rewrite it because of the case that’s in front of you, what you think it ought to say, but apply what it does say and to realize that any change in the law is not to come from the judicial branch, nor from the executive branch.

The only changes in the law is to come from those who are elected by the people in the legislative branch of the government, whether it be the local, the state, or the federal level of government.

I believe that it should be permissible for judges to tell the legislature, “Here is an area we would encourage you to consider in terms of what has evolved over time, and the dynamics of the current culture and how this should be addressed,” but they cannot address it through their interpretation. They have no right to make law by the opinion that they render.

Finally, in answer to your question, we have to return to the notion that the Supreme Court and its opinions do not make law. I believe that this needs to be reclaimed, if necessary, be relitigated. In the historic case of Marbury versus Madison, we need to get back to the understanding that what the Supreme Court does is give its opinion on that law – it has not made a law for the nation through that opinion.

Tom Lamprecht: Harry, what is the Christian principle here? Because we see so often these justices making these decisions and they basically pull out of thin air, whole cloth, they just say, “This is unconstitutional,” but there’s not really a rhyme or a reason to their conclusion.

DR. REEDER: Tom this has its parallel in the church of Jesus Christ where we see preachers pulling out of a text or reinterpreting a text in terms of today’s society instead of explaining the text with historical, grammatical analysis: “Here’s what the text has said in its original autograph, in its original context and this is the content.

Now, how does that apply to today?” we find preachers doing the same thing with Bible text in light of today’s cultural pressures reinterpreting marriage, reinterpreting sexuality, reinterpreting gender instead of faithfully holding forth the word of life.

In terms of the judicial branch, the Christian response is we want to affirm law and order, we want to respect the courts but we want, again, to put justices who understand and know their role, who understand and know the Constitution and who ask for wisdom from above in terms of how do you apply this law in a current situation.

And that’s what we need to pray for in our justices and those are the kind of justices that we need to encourage. What I would love to see is, again, Christian universities develop programs of Pre-Law education in the undergraduate world and then, also, Law Schools that would be built around the right calling of what is a judge supposed to do in a nation that is ruled by law?

Tom Lamprecht: Harry, we’re out of time for today. On Tuesday’s edition of Today in Perspective, I’ve got a good news/bad news story in the area of the pro-life movement.

DR. REEDER: I’m looking forward to tomorrow’s program. I think it’s going to be very helpful for everyone in terms of the good news around the sanctity of life issue and then also some discouraging news. But, having said that, again, that highlights the importance of all of these cases that are making their way up and through our system that directly deal with this issue of the sanctity of life.

And, whenever you talk about the sanctity of life, of course, you have the privilege to talk about the greatest issue of the sanctity of life and that is the glorious gift of God’s Son that we celebrate this Christmas season who came into the world to die on a cross in our place so that we could have not only eternal life but a changed life to live for Him in this life for His glory.

Dr. Harry L. Reeder III is the Senior Pastor of Briarwood Presbyterian Church in Birmingham.

This podcast was transcribed by Jessica Havin. Jessica is editorial assistant for Yellowhammer News. Jessica has transcribed some of the top podcasts in the country and her work has been featured in a New York Times Bestseller.

 

 

1 hour ago

Auburn dominates LSU, wins 48-11

This was the performance that everyone associated with Auburn football needed.

Head coach Gus Malzahn had lost three consecutive games to LSU, and Auburn fans would have been furious if this week was another loss to the Bayou Bengals. The Tigers’ players needed to win this game to build confidence and to give themselves an outside chance of competing for the SEC West division title.

Lastly, Auburn fans just needed something to feel good about, and a beatdown of LSU certainly goes a long way toward making that happen.

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On the field, it was as complete a team performance against an upper-echelon SEC team that Auburn has had, maybe since it defeated LSU 41-7 back in 2014. The Tigers’ defense was strong from the start as they forced two turnovers, four punts and even scored a touchdown in the first half when defensive back Christian Tutt returned a fumble 26 yards.

Auburn’s offense closed out the half with a 99-yard touchdown drive that demonstrated an attack the fans have been craving to see all season and put the Tigers up 21-0. Once Auburn scored on the first possession of the second half to go up 28-3, the game was over, even though there was still a little over 26 minutes left to play.

LSU’s offense was never able to get anything of consequence going against the Auburn defense, meanwhile, Auburn quarterback Bo Nix led Auburn to its highest scoring output of the year.

Take a look at three things that led to Auburn’s dominant 48-11 victory over LSU.

Turnovers
Auburn’s one turnover happened when standout receiver Seth Williams fumbled the ball out of the endzone as he was about to score, which gave LSU the ball back early in the game. Aside from that, the good Tigers protected the football and played a clean game. Quarterback Bo Nix played great and did not put the ball in jeopardy once on the day. The same thing can’t be said about the LSU Tigers.

LSU’s freshman quarterback TJ Finley started the game but didn’t finish it. After Finley had a very good first start of his career last week against South Caroline, he had a game that he would like to forget. Finley was eventually benched, but not before throwing two interceptions and losing a fumble while getting sacked.

The turnovers that Auburn’s defense forced in the first half directly led to the first 14 points of the game and bought time for the Auburn offense to find its footing. That is now two weeks in a row that Auburn has won the turnover margin and won the game.

Auburn won in the trenches
Auburn’s offensive line has been the most maligned position group from fans and media alike for the last few years. Some of that has been deserved, but the Tigers’ offensive line has turned in four straight performances that were good enough to win games. Today the line did a nice job of protecting Bo Nix against an LSU defense that led the SEC in sacks entering the game. Not only did they protect Nix, but the offensive line cleared the way for Auburn to rush for over 200 yards again.

On the other hand, Auburn has been known for strong defensive line units for decades. But, this year the defensive line has struggled to find consistent play with the absence of Auburn’s All-SEC defensive linemen Derrick Brown and Marlon Davidson. Against LSU, the 2020 Auburn defensive front completely shut down the opposition. The Tigers defensive line accrued three sacks, forced a fumble, came up with an interception and held LSU to under two yards per carry when the first teamers were on the field.

Auburn’s advantage up front on both sides of the ball was critical to the lopsided victory.

Bo Nix leads the way
It seems like Bo Nix and offensive coordinator Chad Morris are settling into an identity for the Tigers offense. Over the last couple of weeks the Tigers have focused the passing game on quick throws, often with some misdirection or play-action. This strategy allows Nix to quickly identify his targets and make throws that are low-risk. Nix is still trying to become more comfortable in drop back passing scenarios and throws down the field, but to his credit, he did connect on a deep shot with speedy receiver Anthony Schwartz for a 91-yard touchdown today. Hopefully, that can build Nix’s confidence and spur on the Tigers’ offense to new heights for the rest of the season.

However, the area that Nix impacts the game the most is with his legs. Today Bo Nix rushed for 81 yards and a touchdown in addition to scrambles that avoid sacks and escape pressure. It seems that the Auburn quarterback wants to run, and the Tigers’ offensive staff is finding ways to use that desire constructively.

Today Bo Nix threw for 300 yards and three touchdowns, in addition to the aforementioned damage he did on the ground. Nix’s incredibly productive and efficient day juxtaposed with the quarterback performance from LSU is what led to this game becoming a blowout in Auburn’s favor.

Zack Shaw is a contributing writer for Yellowhammer News and former walk-on for the Auburn Tigers. You can contact him by email: zack@yellowhammernews.com or on Twitter @z_m_shaw

4 hours ago

UA’s CrossingPoints receives $4M in grants to enhance education efforts

The University of Alabama’s CrossingPoints Transition Program has received two federal grants totaling more than $4 million to enhance education efforts for young adults who have intellectual disabilities and to assist special education teachers and rehab counselors.

“Our ability to provide excellent preparation of our students in order to improve outcomes in their desired adult goals of employment, independent living, community participation and, not to mention, have a great college experience while they are preparing for their futures, is something we have worked hard to achieve,” said Kagendo Mutua, director and co-founder of CrossingPoints. “We want our students to have an enviable life after college.”

The first award from the U.S Department of Education Office of Postsecondary Education is a five-year grant totaling nearly $2.5 million that will allow CrossingPoints to expand and enhance the scope of its inclusive transition services and opportunities for accessing higher education by students with intellectual disabilities. CrossingPoints is one of six nationally recognized programs to receive this competitive funding for a second time.

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In addition to expanding services, the grant will allow CrossingPoints to significantly reduce the program fee for its Tier 3 program to $3,000 per semester. Peer institutions with similar programs have fees ranging from $9,000 to $15,000 per semester.

The project core team is Mutua, Amy Williamson, John Myrick and Jim Siders.

The second award from the Department of Education Office of Special Education and Rehabilitation Services is a five-year grant totaling more than $1.5 million that will prepare teachers and vocational rehabilitation counselors to work with secondary/transition-age students with high-intensity needs within a model called Service, Teaching, Advocacy and Rehabilitation (STAR).

The goal of the STAR project is to recruit, train and place 30 master’s-level scholars in positions as special education teachers and vocational rehabilitation counselors to work with transition-age students with severe disabilities and evaluate the impact of an evidence-based approach to interdisciplinary training.

“The grant will make it possible for UA’s College of Education to support graduate students to earn a master’s degree in either special education, severe disabilities or vocational rehabilitation counseling,” said Mutua. “STAR scholars will receive full tuition funding through the grant, as well as a stipend to enable them to participate in an on-campus summer institute hosted in the CrossingPoints program.”

The project team for this grant is Mutua, Williamson and George Mugoya.

This story originally appeared on the University of Alabama’s website.

(Courtesy of Alabama NewsCenter)

6 hours ago

State Sen. Elliott: Ivey prison proposal funding scheme prevents new facilities from being built at existing locations

All three of the locations named in Gov. Kay Ivey’s prison proposal in Bibb, Elmore and Escambia Counties have raised some local residents’ level of concern as some have said they were blindsided by the announcement.

While there are existing facilities in Bibb, Elmore and Escambia Counties, none of the proposed new facilities, which would be privately owned and leased by the State of Alabama for prisons to be operated by the Alabama Department of Corrections (ADOC), are adjacent to existing ADOC infrastructure.

The reason according to State Sen. Chris Elliott (R-Daphne) is the private entities named by the Ivey administration to build the new facilities, Alabama Prison Transformation Partners and CoreCivic, can legally build on state-owned land, which has presented challenges.

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“I suspect the initial answer as to why we’re not building on state property is the nature of the administration’s funding scheme, and that is the private companies are going to own this facility,” he explained during an interview with Mobile radio FM Talk 106.5’s “The Jeff Poor Show.’ “That means you can’t build it on state land. Right out of the gate, even if the state has land on existing prison facilities or near existing prison facilities, the state can’t simply give that to a private entity and build on. That’s not allowed. The scheme that is set up now to lease these prisons, for the state to lease these prisons, precludes building on state land. That means you’ve got to go out and buy additional land, and finding a track of that size in a lot of these areas close by has really proven difficult, and again negates new infrastructure, not just roads — sewer, water, power — everything that it takes to essentially build a small town, you know, when we start talking about the size of these facilities, you’ve got to start over. And that’s all being driven by the administration’s choice to go down this particular delivery method of these leasebacks instead of owning them and doing them ourselves.”

Elliott’s colleague State Sen. Cam Ward (R-Alabaster) has previously expressed skepticism whether there was much the legislature could do given the timing of Ivey’s efforts. Elliott acknowledged that difficulty but said Ivey proceeding would have consequences.

“I think Senator Ward is likely right,” Elliott said. “But that is probably because of the timing here. The Governor has indicated they’re going to sign these deals and break ground prior to the legislature coming back into session in February. Well, if that’s the case, then the horse is out of the gate, and I don’t know that you can undo that, even with consensus among legislators. Now, if the Governor slows up a little bit — even just a few months — I think there is an opportunity to compare and contrast the delivery methods being offered here with some state funding as opposed to this long-term leaseback, this 30-plus year leaseback. And we talk about the devil being in the details — we haven’t seen the details of this contract, what it really looks like. There could be significant pushback on that. The problem is the administration seems to not be willing to release the details of the contract until — ready for this — after it is signed. That’s going to be interesting to see what we’ve gotten ourselves into with the administration signing the contract the legislature is going to be on the hook for without ever seeing the details of it. And if all of that happens like that, the legislature is not going to have an opportunity. The Governor is going to have beaten us to it, if you will, and probably done so at a significant cost to the taxpayers.”

@Jeff_Poor is a graduate of Auburn University and the University of South Alabama, the editor of Breitbart TV, a columnist for Mobile’s Lagniappe Weekly, and host of Mobile’s “The Jeff Poor Show” from 9 a.m.-12 p.m. on FM Talk 106.5.

7 hours ago

Historic storm cleanup: Alabama Power linemen working around the clock to restore service

Alabama Power now has more than 300,000 customers back online after Hurricane Zeta tore through the state, and lineman from Alabama and 19 other states and Canada continue their efforts to finish restoration of power.

The damage left behind from the historic storm, which left nearly one-third of all Alabama Power customers without service, is comparable to that of Hurricane Katrina and the April 27, 2011 tornadoes, according to the company.

“Since early Thursday morning, we’ve been working to restore service for customers affected by Hurricane Zeta,” Scott Moore, Alabama Power senior vice president of Power Delivery, told Yellowhammer News. “We’ve made significant progress and are working through some tough conditions due to the number of downed trees and extensive damage across our state. I’m proud of our team members and their commitment to serving our customers. During this challenging time we will not stop until our customers’ service is restored,”

Alabama Power expects to have service restored to 80% of its affected customers by noon on Sunday. More than 500,000 of its customers were without service, at one time.

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Past storms have seen Alabama deploy more than 1,500 team members across the state. Those same crews were joined this week by than 1,700 lineworkers and support personnel from outside the state.

Service to Lamar, Franklin, Winston, Barbour, Covington, Coffee, Geneva, Dale, Houston, Henry, Clayton and Russell counties has been fully restored, while restoration for customers in the hardest hit areas of Eastern, Central and Southwestern Alabama could extend into next week.

The company issued a statement on Friday apologizing to customers for some confusion surrounding information on power status for certain locations:

Tim Howe is an owner of Yellowhammer Multimedia

9 hours ago

Study highlights link between depressive symptoms and stroke risk

People with multiple depressive symptoms have an increased risk for stroke, according to findings recently published in Neurology: Clinical Practice. The collaborative study led by investigators at the University of Alabama at Birmingham and the University of Alabama showed that individuals who scored higher on a test designed to measure depressive symptoms had a higher stroke risk than those with lower scores.

The study involved 9,529 Black and 14,516 white stroke-free participants, age 45 and older, enrolled in the UAB-led REGARDS study. REGARDS is a national, population-based longitudinal study designed to examine risk factors associated with racial and regional disparities in stroke incidence and mortality.

Depressive symptoms were assessed using the four-item version of the Center for Epidemiologic Studies Depression Scale, known as CES-D-4, administered during a baseline evaluation of each participant. The four-item scale evaluates a subset of symptoms and assesses how often respondents felt depressed, sad or lonely or had crying spells.

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There were 1,262 strokes over an average follow-up of nine years among the study cohort. Compared to participants with no depressive symptoms, participants with CES-D-4 scores of one to three had a 39 percent increased stroke risk after demographic adjustment. Participants with CES-D-4 scores of more than four experienced a 54 percent higher risk of stroke after demographic adjustment. There was no evidence of a differential effect by race.

“There are a number of well-known risk factors for stroke, such as high blood pressure, diabetes and heart disease; but we are beginning to understand that there are nontraditional risk factors as well, and having depressive symptoms looms high on that list,” said Virginia Howard, Ph.D., professor in the Department of Epidemiology in the UAB School of Public Health and senior author of the paper. “These nontraditional risk factors need to be in the conversation about stroke prevention.”

One goal of the study was to see if depressive symptoms might help explain the increased risk that Black populations have for stroke, especially in the southern United States.

“The traditional risk factors don’t explain all the difference in stroke risk between races,” said Cassandra Ford, Ph.D., R.N., Capstone College of Nursing at the University of Alabama and the study’s first author. “The results have been mixed among the few studies that enrolled Black participants and examined race and depressive symptoms in relation to stroke. Depression often goes undetected and undiagnosed in Black patients, who are frequently less likely to receive effective care and management. These findings suggest that further research needs to be conducted to explore nontraditional risk factors for stroke. The implications of our findings underscore the importance of assessing for this risk factor in both populations.”

The takeaway, according to Howard, is that medical professionals need to recognize that stroke risk from depressive factors is high.

“The standard questions asked in the typical physician/patient encounter need to be updated to include questions regarding depressive symptoms,” she said. “Physicians in primary care, internal medicine and geriatrics need to consider asking their patients about depressive symptoms.”

“As nurses, we care for the entire person,” Ford said. “When a patient has a particular condition, such as diabetes, hypertension or stroke, that is the focus of diagnosis and care. Our study provides support for considering nontraditional risk factors during patient assessment, particularly conducting some mental health screenings.”

The study was funded by grant No. U01 NS041588 co-funded by the National Institute of Neurologic Disorders and Stroke and the National Institute on Aging, part of the National Institutes of Health. Additional support was provided by the Deep South Resource Center for Minority Aging Research grant P30AG031054.

In addition to Ford and Howard, co-authors on the paper are Martha R. Crowther, Ph.D., University of Alabama; and Marquita S. Gray, MSPH, Virginia G. Wadley, Ph.D., and Michael G. Crowe, Ph.D., University of Alabama at Birmingham. Additional co-authors are Audrey L. Austin, Ph.D., Tuscaloosa Veterans Affairs Medical Center; LeaVonne Pulley, Ph.D., and Frederick Unverzagt, Ph.D., Indiana University School of Medicine; and Dawn O. Kleindorfer, M.D., and Brett M. Kissela, M.D., University of Cincinnati School of Medicine.

(Courtesy of UAB)