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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.

 

15 mins ago

Del Marsh: Judge Kavanaugh’s record is clear — He deserves to be confirmed

When the name Brett Kavanaugh was first mentioned to fill the vacancy on the Supreme Court, like many of you, I did not know who he was or much about him. I began looking into him for more information as to what kind of Supreme Court justice he would be, should he be confirmed by the United States Senate. What I found was a fair, mainstream judge who believes in the United States Constitution, who has dedicated his life to public service and a judge who shares our conservative Alabama values.

His academic record is just what you would want to see from someone who sits on the highest court. He graduated from Yale for both his undergraduate studies and for law school. He has been a clerk for judges on the Third and the Ninth Circuit courts, as well as a clerk for Justice Anthony Kennedy on the United States Supreme Court. Since 2009, he has been a lecturer at Harvard’s law school.

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Judge Kavanaugh has published over 300 opinions in his career and his decisions show a judge who will apply the law as written and enforce the text, structure, and original understanding of the Constitution. His opinions have been cited as law by over 200 judges from across the country. He is no stranger to the current make-up of the Supreme Court as many of those who
have clerked for him have gone onto work in the Supreme Court, and dozens of his opinions have been endorsed by the current members of the Court.

As impressive as his professional career has been, his personal character seems to be impeccable. He serves as a coach for youth basketball, is a leader in his church, serves meals to needy families, and is a tutor for children at local elementary schools in the Washington D.C. area.

All of this has led me to believe that Judge Kavanaugh is the most qualified person in the country to serve on the Supreme Court. In his current role in the D.C. Circuit Court, he was confirmed with bipartisan support – and nothing will have changed from that confirmation until now.

Unfortunately, this vote will be a very close vote and many experts believe that the confirmation could come down to the decision of Alabama’s Senator Doug Jones. If Senator Jones wants to represent the people of Alabama, he will take a look at Judge Kavanaugh’s record, as I have, and vote to confirm him to the Supreme Court. Alabama should not have a Senator that shares the same values as far-Left extremists such as Chuck Schumer and Elizabeth Warren. Since he has been in the Senate, Senator Jones has a history of deferring his opinion on important issues until they have been decided by others (confirming the Secretary of State and the CIA Director are the first issues that come to mind). He has vowed to have an “independent review” of Judge Kavanaugh’s record. If he is serious about his slogan of Country over Party, I believe that the record speaks for itself and he will have no choice but to vote to confirm President Trump’s nominee to the Supreme Court.

Senator Shelby has already said that Judge Kavanaugh has “impressive credentials” and that “This nomination is one of the most important items that we will consider this year.” I completely agree and I hope that the Senate will do the right thing and confirm Brett Kavanaugh as the next Justice of the Supreme Court of the United States.

We need a justice in the Supreme Court who will uphold and apply the laws of the Constitution, not an activist judge who will re-write our laws to gain political points from those who have an extreme agenda. It is clear that Judge Kavanaugh is the kind of high character public servant we need.

Del Marsh is president pro tempore of the Alabama Senate, representing the 12th District.

45 mins ago

Illegal alien beheads 13-year-old Huntsville girl

Law enforcement officials in Alabama say an illegal alien and an immigrant in America on a green card are responsible for murdering a 13-year-old girl with special needs and her grandmother, who had connections to Mexican drug cartels, says a report by AL.com.

The brutal beheading of 13-year-old Mariah Lopez took place after she witnessed her grandmother, Oralia Mendoza, get attacked with a knife in a cemetery, according to court testimony.

Mendoza, the 49-year-old grandmother, was alleged to have had connections with the Sinaloa Mexican drug cartel, a popular and deadly drug-trafficking organization.

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Mendoza, along with Israel Palomino and Yoni Aguilar, had traveled to Georgia on June 2 to pick up methamphetamine, according to Investigator Stacy Rutherford. During the trip, one of the men became suspicious that Mendoza’s involvement was a setup.

Authorities say that Mendoza and Aguilar lived together and had dated one another in the past.

Palomino and Aguilar reportedly woke up Mendoza one night and told her that they were taking her and her granddaughter somewhere safe.

On June 4, Mendoza and Lopez were reportedly driven to Moon Cemetery located on Cave Springs Road. According to Aguilar, Mendoza and Palomino got out of the car and argued about the entire situation.

According to Aguilar, that is when the situation escalated and Palomino stabbed Mendoza. Due to Mendoza’s granddaughter being at the scene during the crime, Aguilar and Palomino took the 13-year-old girl to a separate location nearby and beheaded her.

Aguilar revealed to investigators that he was holding a knife when Palomino walked up to him and moved his arm back and forth in a sawing motion. Lopez was later beheaded.

Days later, both Aguilar and Palomino were placed in custody.

Two knives were recovered and cell phone signals from both of the men’s cellphones were pinged at the locations of each occurrence.

Palomino, 34, and Aguilar, 26, are both charged with two counts each of capital murder in the slayings of Mariah Lopez and her grandmother, Oralia Mendoza.

@RealKyleMorris is a Yellowhammer News contributor and also contributes weekly to The Daily Caller

1 hour ago

Roy Moore is not done embarrassing Alabama yet

Whether you view former Supreme Court Justice Roy Moore as the “Ten Commandments’ Judge”, the “guy banned from the Gadsden Mall”, or the “guy who lost to Doug Jones”, you probably don’t think very highly of him. He has brought loads of scorn upon the state of Alabama — some feel this is not his fault.

Whatever you think of Judge Moore, you probably think he should go away. Unfortunately, it appears that he is not interested in doing that. “Borat” creator Sacha Baron Cohen has a new TV series and Moore was apparently a target of one of his pranks.

Moore is rightly embarrassed, but is pretending he is going to sue Cohen if he airs the tape Moore is concerned about:

“I am involved in several court cases presently to defend my honor and character against vicious false political attacks by liberals like Cohen. If Showtime airs a defamatory attack on my character, I may very well be involved in another.”

Why this matters:

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Moore is an attorney and was the Chief Justice of the Alabama Supreme Court. He knows as well as anyone that if he said something on a tape during an interview it can be used. He will not win a single lawsuit he is involved in, but he will bilk his supporters for more money. He may sue, but you can sue on anything. He cannot win a lawsuit with a comedian who is producing a satire piece.

Moore is a public figure, a target for liberals, and he needs to fade into obscurity. Moore also needs to realize that his insistence on standing on the public stage only hurts the causes he holds dear. If he truly cares about Alabama, and not only about himself, he will stop answering media inquiries.

@TheDaleJackson is a contributing writer to Yellowhammer News and hosts a conservative talk show from 7-11 am weekdays on WVNN

2 hours ago

University of Alabama System chooses new interim chancellor Finis E. St. John

The University of Alabama System has chosen an interim chancellor to replace the retiring of current chancellor Jay Hayes at the end of the month.

Finis E. “Fess” St. John, IV, who currently serves on the UA system’s Board of Trustees, will succeed Hayes on August 1.

St. John will take an unpaid leave of absence from St. John & St. John law firm in Cullman and will serve as interim chancellor without compensation.

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“The fact that Fess St. John is willing to serve as our Interim Chancellor without compensation is a tremendous public service,” Board Trustee Joe Epsy said in a statement.

“We are extremely grateful that he is willing to step in and take on these complex administrative duties at a crucial time for our campuses and the UAB Health System,” Epsy continued, in part.

St. John graduated cum laude from Alabama in 1978, where he was a member of Phi Beta Kappa, Omicron Delta Kappa and Jasons. He went on to receive a law degree from the University of Virginia.

3 hours ago

Georgia woman gets five years for filing fraudulent tax returns through Birmingham business

A Georgia woman has been sentenced to five years in prison for preparing and filing fraudulent tax returns through her Alabama-based business.

U.S. Attorney Jay E. Town, in a news release, says U.S. District Judge R. David Proctor sentenced 38-year-old Patrice Anderson on Monday for 13 tax-related counts. A federal jury convicted Anderson in September for using her Birmingham-area business, Queen’s Fast Tax, to file returns between 2009 and 2012 that she knew contained false information.

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Evidence at trial showed that Anderson filed tax returns claiming refundable credits to which her clients were not entitled so that they could receive much larger refunds than they were eligible for. In return, Anderson would charge the clients abnormally high fees – up to $3,000 per fraudulent return – to file their taxes.

(Associated Press, copyright 2018)

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