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


Listen to the 10 min audio

Read the transcript:

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.

 

3 hours ago

Ryan Blaney wins Talladega Superspeedway’s 1000Bulbs(dot)com 500 in photo finish

It took 27 hours to get from the green flag to the checkered flag, but when it was all said and done, Ryan Blaney, the driver of Team Penske’s No. 12 Ford Mustang, earned the win on Monday afternoon in the 1000Bulbs.com 500 at Talladega Superspeedway.

Blaney edged out veteran NASCAR driver Ryan Newman by a margin of .007 seconds, which is reportedly only the sixth-closest Talladega margin of victory ever.

The win advances Blaney in the Monster Energy NASCAR Cup Series’ playoff to determine the 2019 champion.

234

“We got together a little coming through the trioval,” Blaney said of his run for the start-finish line with Newman. “He pushed me below the yellow line, but I wasn’t going below there after what happened in the truck race.”

Blaney was referring to Saturday’s Gander Outdoors Truck Series at Talladega, when Johnny Sauter lost the win after being ruled out of bounds by NASCAR and demoted from first to the last truck on the lead lap.

“Now we don’t have to worry about next week,” Blaney explained, given that he advances in the championship hunt by virtue of his race win. “We can go and fight for another win.”

The race did not end without the traditional “big one” crash. Brendan Gaughan, driver of the No. 62 Chevrolet launched into the air during the escapade.

@Jeff_Poor is a graduate of Auburn University, the editor of Breitbart TV and host of “The Jeff Poor Show” from 2-5 p.m. on WVNN in Huntsville.

4 hours ago

Rick Karle: Saban has a point about ‘rat poison’; Let’s start calling Bama players mediocre

There’s no need to tell you that the Alabama Crimson Tide are playing great football — and one of the best ways to tell that coach Nick Saban knows it as well?

He uttered those two familiar words: “Rat poison.”

It was two years ago when these words went viral, as Saban attempted to squelch the rave reviews about his players that were coming from the media.

His message?

93

If his players kept hearing that they were great, they’d believe it — and those words could act as rat poison to his team.

A few days ago, Saban brought up the words again, this time after his team beat the Aggies 47-28.

What does this all mean? Allow me to explain as I’m coming in hot, giving you my take!

Watch:

Rick Karle is a 24-time Emmy winning broadcaster and a special sports contributor to Yellowhammer News. He is also the host of the Huts and Nuts podcast.

5 hours ago

Ivey announces ID Plastics to open manufacturing operation in Auburn, creating 50 jobs

Governor Kay Ivey announced Monday that ID Plastics LP, a manufacturer of a variety of technical plastic products, is set to open its first operation in Auburn, investing $9.8 million.

“Our continued efforts and partnerships with local communities have led to another great manufacturer coming to Alabama,” Ivey said. “ID Plastics’ decision to select Alabama will create 50 jobs for families in East Alabama over the next three years.”

At first, the company will produce the ID PACK sleeve, a foldable, returnable transportation container system used in various industries.

312

A press release noted, “Brothers Martin and Andreas Hartl formed the Alabama-based business operation with the plan to bring various products of their companies, DUROtherm Plastics, a thermoforming specialist, and the Infinex Group, an extrusion specialist, to a production center in the U.S. The two companies are headquartered in the Black Forest in Southwest Germany and have approximately 600 employees.”

“Transport containers have always had downsides of one kind or another,” Martin Hartl said. “We responded with an innovative collapsing container system that eliminates these problems. The ID PACK is a truly problem-free sleeve pack system.”

Andreas Hart also discussed his vision for the company as it relates to the parts and manufacturing required.

“German technology made in the U.S.A. with state-of-the-art, customer-oriented manufacturing — that’s the perfect combination, the way we see it,” Hart said. “This was the foundation for the ID PACK collapsible container system and the big advantages it offers in a wide range of logistics applications.”

Auburn Mayor Ron Anders expressed his support for the German operation in a statement.

“We are grateful to be the U.S. headquarters and manufacturing location for ID Plastics,” Anders said. “Through our partnership with Auburn University, Southern Union Community College and our existing industries, the City of Auburn has created an excellent environment for technology-based, value-added manufacturing operations like ID Plastics. We welcome Andreas and Martin to the Auburn family.”

Greg Canfield, secretary of the Alabama Department of Commerce, released a statement on the project and reflected on the strong economic ties between Alabama and the German industry.

“German companies have directed around $10 billion in new capital investment to Alabama in the past two decades because these companies have learned they can find success in our state,” Canfield said. “We welcome ID Plastics and look forward to helping another German business enterprise prosper in Alabama.”

Kyle Morris also contributes daily to Breitbart News. You can follow him on Twitter @RealKyleMorris.

6 hours ago

Mondays for Moms: Confessions of a fluorescent mac-n-cheese lover

What happened to the days when we could saunter down the aisles of the grocery store without being bombarded with 500 options for each item in the store?

Organic. Non-dairy. GMO-free. No artificial flavors. Lite. Fat-free. Gluten-free. Taste-free.

My head is spinning.

Retailers should start labeling packages with the following disclaimer: “Will need nutritionist to assist with purchase.”

811

Instead of greeters, could nutritionists begin to welcome us at the entrance of the grocery store and offer to accompany us down the aisles?

And while we’re on this topic, could someone for the love of Jesus and all the goodness in the world explain to me what the heck GMOs are? Are they kin to UFOs? Is it a military operative slogan? Are they little cancer pellets hidden away in every bite of my Cheetos? I’m getting worried over here. If you can provide some useful information, could you shoot me a quick message at HelpErinUnderstandGMOs@gmail.com? This is real; send help. Thanks in advance.

Seriously, why can’t we go in the store and throw two boxes of Cheerios, a couple gallons of milk and a box of the latest flavor of Oreos in our carts without enduring relentless stares from other shoppers? Rather than accosting the produce stocker about the origination and growth habits of Hass avocados, you will find me filling my cart with items that do not require such intense, interrogative research. You know items we’ve all been existing on since the beginning of time.

Confession: I’m the momma that occasionally serves up hot dogs and dinosaur-shaped chicken tenders. You know why? Because my kids love them.

I’m going to be real with you guys for a second. My momma, bless her sweet soul, fed me Kellogg’s Corn Flakes, M&M’s and orange soda. And guess what? I’m still alive! With the exception of the obligatory seasonal cold, I’m kickin’ it just fine, folks.

Pre high-fructose-corn-syrup-hysteria, our world was such a wonderful place. We reveled in our blissful ignorance and we survived. We made it. The corn syrup centaurs didn’t come devour us in our sleep, people!

Correct me if I’m wrong, but I haven’t seen a scientifically backed theory indicating that occasional hot dog consumption leads directly to immediate death. But please send that report in if I’m missin’ it.

Get prepared to gasp because I’m not done yet. I’ve also got mac-n-cheese in the ole pantry, too! And, no, not the organic-handmade-by-tiny-food-angels kind. Nope. No way. Not up in here! If you open my cupboard, you are going to find the glorious, fluorescent, glow-in-the-dark orange kind that we all fell in love with in our dorm rooms decades ago. You know, the kind we now crave at 2:00 a.m. after waking up to the baby monitor a few times.

All joking aside, I do think that nutrition is very important. And I completely agree with teaching our kids about the importance of clean eating, healthy food boundaries and coaching them towards a life of fitness.

But I think we walk a fine line. I’m all about providing our babies with the healthiest food options available, but let’s do so without engaging in discussions that result in righteous condemnation.

To the precious mommas who manage to serve pediatric-approved meals on your tables three times a day, you are awesome and superhuman. Could you help a sister out? Show me your ways. And, if any of you wants to write a book summarizing all of these “uber-healthy” options exposing all the superfoods in a graph-like format for ease of reference, that’d be great. (Quick request: provide a dictionary in the back.) I’ll be your first buyer.

Rather than tormenting over the origination of the foods that enter our children’s bodies, let’s spend time focusing on the words they hear, the things they see and the places they go. If we spend more time focusing on that version of input in our child’s lives, we will be doing them and our world a much greater service.

There’s a lesson to be learned here: Consumption is vital. Nutritional, spiritual, emotional, all of it. But I’m afraid we are spending so much time diagramming the sugar content of granola bars, that we are neglecting to measure the growth habits or our children’s patience, kindness and respect for others.

In our final days, it’s not going to matter how many marathons our babies ran or how awesome their homemade compost piles were in their backyards.

What will matter is the lasting legacy they leave and the lives they touched while here on this earth.

So, pardon me if I chunk a few fluorescent mac-n-cheese buckets in my buggy as I saunter through the pasta aisle. No harm. No foul.  Just placing my primary focus on a tad bit different intake at our house.

To receive encouragement and read more about thriving rather than simply surviving in motherhood, check out Erin’s book, Cheers the Diaper Years: 10 Truths for Thriving While Barely Surviving here.

Erin Brown Hollis is Yellowhammer’s lifestyle contributor and host of Yellowhammer Podcast Network’s “Cheers to That” podcast. An author, speaker, lawyer, wife and mother of two, she invites you to grab a cup as she toasts the good in life, love and motherhood. Follow Erin on Instagram ErinBrownHollis or Twitter @ErinBrownHollis

6 hours ago

Mo Brooks: Trump is trying to put an end to endless war

U.S. Representative Mo Brooks (R-Huntsville) has a clear approach to the evolving situation in Syria: Leave it alone.

Brooks’ premise is that both Turkey and the Kurds are American allies, so getting involved on either side puts us in conflict with the other.

During a Monday interview on WVNN’s “The Dale Jackson Show,” Brooks explained that this situation was seemingly inevitable, saying, “I wish that the Turks and the Kurds would get along peacefully, but they have got ill-will harboring and simmering for at least a hundred years.

419

He added, “To me, it was inevitable that whenever America reduced its presence in the Middle East, as we should, because we cannot afford to be the police cop on every corner, that violence would break out.”

The congressman acknowledged the role that Barack Obama and Hillary Clinton’s foreign policy played in the current situation, especially in the creation of ISIS. This is the same argument Trump used in 2016 and the then-candidate promised to end our “endless wars.”

Brooks went on to say that America does not need to involve itself in these issues any longer.

“I support any kind of decision to reduce our presence in these countries that do not appreciate our loss of life, our financial expenditures, in their countries,” he explained.

Brooks acknowledged this could be a situation the United States has to revisit in the future, but warned of a “war caucus that wants to be more aggressive int he Turk/Kurd fight.

“We’ve got a ‘war caucus,’ for lack of a better term, that does believe that the United States of America should be the cop on every corner of the planet, no matter the sacrifices of our men and women in uniform, no matter that every penny we spend on these efforts is borrowed money, money we can’t afford to pay back,” he advised.

My takeaway:

Again, Trump made this clear and Brooks appears to agree: We can’t afford to keep doing this forever. Even the most adamant war hawks from the post-9/11 period think we have been at this long enough. Many seem to see little more to gain from new and prolonged conflicts.

The president made it a campaign promise to end these foreign wars, and he is following through on that promise.

Like in everything else, he will be opposed by both sides of the political aisle. No matter what the president does, it has to be wrong — even if nobody else has any better solutions to offer.

But that does not make him wrong.

Do any of the Democratic presidential candidates advocate re-entering Syria if they win? How about sending more troops to Iraq and Afghanistan?

Only time will tell how this decision affects American interests. But unless something drastically changes in the region, we are better off by letting those with regional interests handle the issues in the Middle East.

Listen:

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN