Justice Kennedy’s retirement and what it could mean for the direction of the country


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NEWS OF JUSTICE KENNEDY’S RETIREMENT: WHAT IT MEANS

TOM LAMPRECHT: Harry, last week, big news broke on the U.S. Supreme Court. Justice Anthony Kennedy announced that he’d be retiring July 31st, 2018. Harry, as many people will review the career of Justice Kennedy on the Supreme Court, he no doubt is going to have mixed reviews. Your thoughts?

DR. REEDER: Justice Kennedy was a Ronald Reagan appointee. Some people may be old enough to remember that it was quite an ordeal in that, I think, one of the most brilliant that has ever existed with an impeccable track record, Judge Bork, was nominated. He was more or less a mentor to Justice Scalia, who died recently, on this matter of what is originalism or what we also call strict interpretation based upon the Constitution as it was written in its context and apply it to today’s context.

Senators Kennedy, Biden and others undertook a campaign to destroy Judge Bork, which succeeded in removing him. The next nominee that was put forward, Justice Ginsburg, it had been uncovered his practice of smoking marijuana as a law student and later on as a law professor. He withdrew.

ALTHOUGH ELECTED A CONSERVATIVE, KENNEDY’S SUPPORT OF SEXUAL REVOLUTION LED TO DANGER IN FAMILY ISSUES AND FIRST AMENDMENT

And then came Ronald Reagan’s third nominee, which was Justice Kennedy. Because he came under Reagan and because of his past record, he was considered to be a relatively reliable conservative justice but he has, over the period, made it very clear he is no Scalia, he is no Justice Bork, he is not an originalist in that sense.

Having said that, he is almost always reliable on the First Amendment issues. However, he has been a proponent of the sexual revolution as he has not upheld the sanctity of marriage, and its historic definition, in his leadership and opinion on the Obergefell case. He has a new civil right tied to the sexual revolution in terms of the striking down of all the sodomy laws, not only the affirmation of same-sex marriage but also the removal of all historic ethic that placed sexuality within the context of marriage.

Interestingly, he, himself, in his opinions realized that he had put in danger the free practice of religion because all major religions observe the fact that sexuality belongs in marriage and marriage is one man and one woman and he can see the collision. Tom, because of the profile I’ve laid out and sketched out, he has become known as “the swing vote” — which way is he going to go in most cases?

Well, with his retirement — he’s 81 years of age — President Trump has a second opportunity to place a justice on the Supreme Court and he has already said that he will pick from that list that he announced during his candidacy.

His stated commitment to appoint Constitutionalists and the publishing of that list of 25, I think may have won him the election because most Evangelicals would have had a very difficult time voting for him otherwise. Many who had issues with President Trump from a number of vantage points, I think, went to the poll and pulled the lever almost exclusively on this Supreme Court issue. And, if I may say, politically, it seems to have borne out. Gorsuch, by all accounts, has manifested not only judicial consistency as an originalist, but also has manifested a certain amount of brilliance in the public statements that he has made in the various cases.

WHAT DOES THIS MEAN FOR MIDTERMS?

TOM LAMPRECHT: Harry, you mention many conservative evangelicals who went to the poll in the last presidential election and voted for Trump for the Supreme Court decision alone — will that have carryover to these midterms?

DR. REEDER: There are two thoughts. One is while you are assured of having the votes to get through the nominee, go ahead and get it before the election and get it done before November. The other one is, well, no, hold this back and then use this to stoke the base of the conservatives — the evangelicals, the constitutionalists — to make sure that the president does have a majority in the Senate in order to get this nominee through.

There’s a third thought and the third thought is go ahead and get it done while you can get it done and then the fact that you could get it done, you make that the point of the next election that there is likely going to be at least one, possibly two more Supreme Court appointments with Stephen Breyer’s age at 79 and Ruth Bader Ginsburg’s age at 85. The fact that you’re able to get it through becomes the rallying point — you need to help us maintain that — so I think, politically, that’s what they’re working through.

Through a Christian and world and life view, I’m grateful for the turn that Justice Kennedy has made in the last three decisions and upholding First Amendment issues, particularly the free practice of religion, then I think it’s very important that the Supreme Court should be comprised of originalists — that is, those who see their job not to make law from a “living Constitution,” but to interpret the law from its context and apply it to today’s cases and that we maintain that genius of the American experiment. In fact, I want to talk about that some tomorrow as we focus our program upon the July the Fourth celebration and its ingenious dynamic of the three branches of government.

IT IS IMPORTANT TO KEEP OUR GOVERNMENT TRUE TO PURPOSE

TOM LAMPRECHT: Harry, this is a significant decision. As we have seen with the previous justices that were put on the Supreme Court, it affects the direction, the morality and the conscience of the nation for decades to come.

DR. REEDER: Yes, it certainly does and so, as a believer, I believe that the American experiment that this would be a country governed by law not only necessitates a branch for lawmakers — that is, the legislators, the Congress — and also a branch for the execution of the law — that is, the presidency — but we desperately need competent and qualified justices who understand the role of the judiciary — not to become the executive branch, not to become the legislative branch, but to truly be the judiciary to make judgements based upon the law.

One of the great blessings for a nation is to have a justice that is “blind” in the sense that it doesn’t matter who is before the court, that they will get a fair interpretation of the law — it’s not just the rich, it’s not just the powerful, but all who stand before the law get the appropriate judgements of the law. And the opinions of the Supreme Court obviously set the precedents for the rest of the courts — the appeals court, the district court and the local courts.

What I would say, Tom, is that I, of course, am going to pray for this appointment, that it will be a good one. I’m not sure what they’ll do politically — I’ll leave that to the political pundits and the strategists — but I will pray that there will be an excellent appointee and I pray that that one, in their development after in office, will be consistent as an originalist and a strict constructionist of the Constitution and its proper application and will have wisdom from above.

PRAYERS FOR A JUST AND WISE COURT THAT PLEASES GOD

I love the prayer that used to accompany every single court. It’s interesting, Tom, recently, there was a lower court decision that went to the Supreme Court that the Supreme Court did not address concerning prayer for a commission meeting in Rowan County, North Carolina. That’ll probably come back to the Supreme Court.

However, beyond commission meetings, we almost always used to begin the session of a court with a prayer: “God, save this court.” And what the prayer meant was God, keep the court faithful and effective in bringing forth cases, process and judgements that are not only manifest with wisdom — perhaps even the wisdom of Solomon as he would sit in cases — but, beyond that, would also let justice roll down like rivers so that the citizens of this country all have the equal protection of the inalienable rights have been God-given and the courts would preserve that.

This is going to be a very important appointment and I am certainly in prayer that it would result in a justice that understands the role of a judge and will do so with wisdom and who will relish justice even in the midst of mercy. And dare I pray that the Lord would grant us a judge who would walk humbly with God — in other words, an echo of the words of the prophet: “And what does the Lord require of you, O man, but to do justice, to love mercy and to walk humbly with your God.”

COMING UP TOMORROW: CELEBRATING INDEPENDENCE DAY

TOM LAMPRECHT: Harry, as you mentioned earlier, tomorrow is Independence Day, our Fourth of July. It is our nation’s 242nd birthday. We’ll celebrate our nation’s independence on Wednesday’s edition of “Today in Perspective.”

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

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

 

37 mins ago

State Sen. Whatley predicts Auburn, Alabama football ‘will go on as originally planned’ despite COVID-19 spike

With 37 days to go until Auburn and Alabama both kick off the 2021 football season, COVID-19 is creeping back into the picture of everyday American life.

However, State Sen. Tom Whatley (R-Auburn), whose district includes Auburn University and an economy that relies in some part on the annual football season, said he was not expecting any disruptions resulting from COVID-19.

During an interview with Mobile radio FM Talk 106.5, Whatley said he expected all of Alabama’s Division I colleges to play as planned and touted the vaccine passport ban passed by the legislature and signed into law by Gov. Kay Ivey earlier this year.

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“Back to Senator Orr’s bill that I supported, I think that one puts it into perspective — you know, you can’t do that,” he said. “You can’t require a vaccine passport. And I think that the football will go on as originally planned. Auburn and Alabama said they are both planning on full open tailgating and full open football season. I’m looking forward to that and I’m looking forward to that economic boost that will hit Lee County, hit East Alabama, hit the whole state of Alabama once you pour in all the colleges and universities that play Division I football.”

Whatley also predicted it was a “foregone conclusion” Auburn would go 12-0, play for the SEC Championship and play in the college football playoff on the way to winning the national championship under new head football coach Bryan Harsin.

@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.

14 hours ago

Birmingham-Southern College to impose fee on unvaccinated students

Unless students of Birmingham-Southern College are vaccinated against COVID-19, those who attend the private liberal arts school will be forced to pay a $500 fee “to offset continual weekly antigen testing and quarantining.”

In an email sent to students, the college announced its pandemic protocols for those returning to campus for the fall semester. In what appears to be an effort to encourage students to receive the vaccine, BSC told students it will levy a monetary charge against those who are unvaccinated. The school cited the need for funding to be applied toward COVID-related mitigation measures as a reason for the charge.

The email reads in part, “Due to the lack of federal funds for pandemic precautions this term, all students will initially be charged $500 for the fall term to offset continual weekly antigen testing and quarantining. Students who are fully vaccinated prior to the beginning of fall term will receive an immediate $500 rebate.”

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The college announced in the email that it has also set separate move-in dates for vaccinated and unvaccinated students.

The College Republican Federation of Alabama (CRFA) has condemned the move as discriminatory against students who have chosen not to receive the vaccine.

“The College Republican Federation of Alabama condemns this obvious attack on students who are not vaccinated,” says CRFA chairman Clint Reid. “While vaccines are an important tool in the fight against COVID-19 we are still a free society where one should not be held at ransom to the tune of $500 if they do not feel the vaccine is the best course of action for them. We call on Birmingham-Southern College to drop this outrageous fee.”

The college’s email goes on to direct students who have been immunized against the virus to complete a “Vaccination Report Form.” BSC stated that the school’s goal is to achieve an 85% vaccination rate among students, faculty and staff.

Portion of the email sent to BSC students as follows obtained by Yellowhammer News: 

Birmingham-Southern College did not respond to a request for comment. Yellowhammer News has inquired with the Attorney General’s Office regarding the legality of BSC’s guidelines and will provide updates accordingly.

Dylan Smith is a staff writer for Yellowhammer News. You can follow him on Twitter @DylanSmithAL

15 hours ago

Tim James: A house divided against itself cannot stand

Last week the discussion of COVID vaccination burst into the news and ripped the scab right off the wound exposing the divide among Alabamians about whether to vaccinate or not. We all know there can be tense moments among friends and family when the vaccine topic comes up especially when there are differing opinions in the room.

Well, last week the discussion hit a fever pitch on a grand scale and landed on the front pages of the national news outlets. According to news reports, in Alabama, there are about 2.5 to 3 million people that have CHOSEN NOT to take the vaccine out of the state’s population of 5.1 million. Approximately 60% of all Alabamians have made this their personal health choice.

I am writing this letter today to express my distaste for those bent on shaming people in which they disagree on the vaccine issue. They divide Alabamians into two classes: the vaccinated and the unvaccinated. The media’s contempt is in overdrive for anyone that dares to disagree and not blindly follow the government directives. So, they shame by spewing their poison proclaiming the unvaccinated are the problem. Their assertion of “Blame” by extension means the unvaccinated are responsible for the spread of COVID. If you want to blame someone or something, blame the virus and the makers of it. As everybody knows, it was not the bats.

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The problem is not the unvaccinated, but rather those spawning division among the population. It’s the BLAME GAME.

They shake their fingers in the face of millions of Alabama citizens for refusing to take the vaccine and are beside themselves when everyone does not fall in line like sheep. I guess the unvaccinated are the “New Deplorables.”

I’ve listened to their shaming long enough and felt it was time to stand up for millions of Alabamians that have made their decision, over the many months, NOT to take the vaccine. I fall into this category; however, like most families I have family members that have chosen TO take the vaccine. Alabamians know full well what is going on in their communities, local hospitals, nursing homes and churches. They are not ignorant to the medical realities and associated risks. Neither are they reckless or selfish.

Every unvaccinated person has considered whether to take the vaccine for months. They have discussed the matter with others, prayed about it and even may have tolled back and forth on the decision. In the end, their “call” was to not take the vaccine for their own personal reasons. I can’t help but wonder why so many vaccinated people lecture everyone else when they themselves have marginal health risk as they are the vaccinated class.

Has it occurred to them that their shaming is certain to follow children into the classroom in the form of bullying? Do they care about young women in childbearing years who are rightfully cautious about what goes into their bodies? It’s ironic that people that CHOOSE NOT to take the vaccine are labeled dissenters even though they are the majority in Alabama and cross all races and political lines.

Going forward I want to encourage people to take a deep breath and stand back from the situation. COVID, of course can be lethal, but at the same time the odds of fatality are extremely low. This is one of those times when we must not succumb to fear. Fear is the root from which anxiety and worry bud.

Fear is a weapon used to manipulate the public, and the press is its enabler. The Lord speaks to the issue of fear through the Apostle Paul. “For God hath not given a spirit of fear but of power and sound mind” – 2 Timothy 1:7

I also would like to take this opportunity to say something about Governor Ivey’s statement last week concerning unvaccinated Alabamians. She said, “It’s time to start blaming the unvaccinated folks, not the regular folks. It’s the unvaccinated folks that are letting us down.”

The unvaccinated people represent approximately 60% of the population in our state. The Governor’s comments triggered uncontrollable elation and gaiety from politicians and news anchors at CNN, NBC and others. As one could expect, President Biden and Dr. Fauci were ecstatic at Alabamians being scolded by their Governor over this issue. I believe the Governor’s comments were off-base. I also believe she likely misspoke in the heat of the moment; something any of us could do. As we navigate forward, we need to lower the tone and not take the bait of those whose goal is to sow seeds of division amongst Alabamians.

I have a message for the American press corps concerning their hysterical, fear-based coverage of the pandemic.

It’s a quote from Edward R. Murrow, the great broadcast journalist during the first half of the 20th century.

He effectively warned his fellow journalists what would happen if the free press became compromised. He wrote: “No one can terrorize a whole nation unless we are his accomplices.”

Tim James, the son of former Gov. Fob James, is a Greenville, Alabama businessman. He was a 2010 GOP candidate for governor.

15 hours ago

Regions names Jason Isbell senior vice president of state government affairs and economic development

Regions Bank has tapped one of the state’s foremost experts on banking law and government affairs to serve as senior vice president of state government affairs and economic development.

Jason Isbell comes to the Birmingham-based bank brandishing nearly two decades of legal and government affairs experience in the public and private sectors.

Elizabeth Taylor, head of government affairs and economic development for Regions, highlighted Isbell’s depth of knowledge and relationships throughout the industry.

“Regions Bank has a strong history of working with government leaders and other stakeholder groups on issues impacting our associates, customers and communities,” Taylor said in a statement to Yellowhammer News. “Jason Isbell brings a wealth of knowledge and experience on a variety of financial services matters to this role. His work building relationships and navigating a myriad of legislative issues will serve us well. We look forward to his service advancing economic development opportunities that move our communities forward while also building on the strong relationships we have in the areas Regions serves.”

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Isbell most recently worked with Maynard Cooper & Gale where he represented a wide array of clients, including Regions, as an attorney and lobbyist in the firm’s Government Solutions Group.

Prior to his time at Maynard Cooper, he held the position of vice president for legal and governmental affairs at the Alabama Bankers Association (ABA). Isbell was charged with implementing ABA’s legislative and regulatory agendas at both the state and federal levels. He honed his skills in public policy during his 11 years in state government, first as a fiscal analyst for the Alabama Legislative Fiscal Office and then as general counsel to the Speaker of the House of Representatives.

Isbell is a member of the Faulkner University board of trustees and is a graduate of the school’s Thomas Goode Jones School of Law.

Regions Financial Corporation recently reported $748 million in second quarter earnings. The company cited strategic decisions in high-growth areas, such as Florida, Texas and Tennessee, as contributing to those earnings.

Isbell noted the momentum of the bank’s growth and influence throughout its footprint as he prepares for this new endeavor.

“I’m excited to represent an institution with such a rich history and stellar reputation,” he told Yellowhammer News. “Regions Bank is poised to continue making a positive impact on communities in Alabama and beyond. I’m grateful for this opportunity and look forward to being part of the Regions team.”

Isbell is set to officially join the bank in mid-August.

RELATED: Joia M. Johnson appointed to Regions board of directors

Tim Howe is an owner of Yellowhammer Multimedia

16 hours ago

State Rep. Wes Allen: Biden administration’s mixed message on COVID shows he doesn’t put Americans first

The Biden administration is issuing warnings to Americans regarding the increasing number of COVID cases across the country. Calls for a return to mask-wearing and social distancing are becoming more frequent from the President and his advisors.

Businesses, large and small, fear the possibility of mandated shutdowns that plagued our nation last year. Parents are wondering if they will be forced to face the inadequacies and challenges of remote schooling again. These are all worries that are being forced upon law-abiding, tax-paying Americans by the Biden administration.

But it goes further. Our northern border with Canada remains closed to non-essential travel for fear of spreading the virus. Biden and his team cited concerns over the Delta variant as the reason for banning travel from 26 nations including most of Europe, South Africa and Brazil.

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This all seems like a concerned President who is trying to save our nation from the death and damage of a pandemic. But a closer look at Biden’s policies proves that his concern is not for Americans and he has little to no desire to stop the spread of COVID from coming across our border.

His policy that allows thousands of illegal immigrants to move freely across our southern border and into our towns, neighborhoods, restaurants and schools without any regard for their immigration status or their COVID test results prove that the Biden administration doesn’t care about America or Americans. Is the health of Americans, the success of our economy and the fate of our schools and health care system of any concern to this President or his advisors?

I think not.

State Rep. Wes Allen is a Republican candidate for Alabama Secretary of State.