Subscription Preferences:

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.

 

13 hours ago

Geneva County Commission strips funding for school resource officer program

The Geneva County Commission has placed the Geneva County School system in a bind after it pulled funds committed to the school resource officer (SRO) program.

Per a Dothan Eagle report, the county commission voted in June to give $15,000 to the SRO program this year, including an additional $60,000 next year.

After commissioners found that the budget would not balance, they realized that the promised funding for the SRO program could not be provided.

130

Fred Hamic, chairman of the Geneva County Commission, sent a letter informing Superintendent Becky Birdsong of the decision and included a $15,000 check.

Birdsong said she was “disappointed,” but assured she will work hard to ensure the SRO program remains in place.

“I am disappointed, but I am still committed to doing what’s right for our students,” Birdsong told Dothan Eagle. “We don’t want parents to be concerned that this is going to make our schools less safe. I’m not saying we have the money now, but I am going to work on this and try to secure funding for this.”

Birdsong said that she is working with parents to increase security on school campuses in the schools she oversees.

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

14 hours ago

Steve Marshall talks liberal tech bias, joins select group of national officials tackling the issue

Alabama Attorney General Steve Marshall on Tuesday joined a select group of state attorneys general for “a productive dialogue” led by Attorney General Jeff Sessions and other Department of Justice (DOJ) officials regarding perceived discrimination against conservatives by leading tech companies.

Per a DOJ release, “The discussion centered on ways the Department and state governments can most effectively safeguard consumers using online digital platforms. Each state attorney general’s office shared their views of the important issues for federal and state authorities to consider when addressing these evolving technologies. The discussion principally focused on consumer protection and data privacy issues, and the bipartisan group of attendees sought to identify areas of consensus.”

In a statement to Yellowhammer News, Marshall – who joined the meeting by teleconference – made it clear that there was a long way to go before reaching a consensus on how to tackle the complicated issues of tech transparency and bias, saying, “To the degree that there was any consensus, it is that we still have a lot to learn about how to best protect consumer interests in this context.”

556

“Today I participated in a bipartisan meeting of several state Attorneys General, hosted by Attorney General Sessions, to discuss consumer protection concerns related to the tech industry. The conversation covered many of the same concerns raised in recent Congressional hearings,” Marshall outlined.

He continued, “I appreciated the invitation to participate and was interested to hear the perspectives of the various states represented. To the degree that there was any consensus, it is that we still have a lot to learn about how to best protect consumer interests in this context.”

The DOJ, which was represented at the meeting by Sessions, Deputy Attorney General Rod Rosenstein, Principal Deputy Associate Attorney General Jesse Panuccio, Assistant Attorney General Makan Delrahim, Acting Assistant Attorney General John Gore and other senior staff, explained, “Many shared the view that it is essential for federal and state law enforcement authorities to work together to ensure that these challenges are addressed responsibly and effectively.”

Sessions’ DOJ will review the information and insights shared by the state attorneys general and expects the constructive dialogue will continue moving forward. Marshall, in an interview earlier Tuesday morning with Talk 99.5’s Matt Murphy and Andrea Lindenberg, made it clear that he prefers a market-based solution as opposed to stifling government regulation.

“It is a field that I think we need to tread very lightly,” Marshall explained. “You look at the ability of government to regulate – I think we do the military well and everything else is a struggle. So I think we need to be very, very careful in how we tread in that regard.”

The argument from some is that social media platforms are like modern-day utilities.

“You hear it coming more from Democratic AG’s across the country … it’s why, I think, you have to be very careful, because the market itself has the ability to regulate and one of the things that we have to do from the government side is do not tread into the world of antitrust lightly,” Marshall outlined.

Alabama’s attorney general used Google as an example, saying consumers have multiple choices in search engines, free online email providers and the web browsers themselves (Safari, Chrome, Internet Explorer, Mozilla, etc.).

“It is important, however, when you do hear the stories of internally that Google may be directing people for political purposes that otherwise is not disclosed. That is concerning,” Marshall said.

For Marshall, the questions of whether these tech companies should allow their left-leaning biases to affect consumers “need to be asked, whether or not government needs to get involved in that, however, is a different story.”

Marshall summarized that his overall view is the tech services need to be held accountable to being open and honest with what they are doing and then the market can effectively take care of the rest. If consumers do not like what the services are doing, competition, not the government, should be the counterbalance.

“To the extent that there is transparency, I think it’s a good thing. Across the spectrum, whether it be private business or in government, and in this field particularly, if they are able to respond to questions about how it is that they control content and what they do, then I think we all have knowledge and then can make decisions ourselves,” he advised.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

14 hours ago

Strong like Samson, tough like Benaiah and wise like Solomon -Thomas Cox reveals his plan for himself and raising his kids

Finding the time to do everything in a day is tough, but Thomas Cox shared his secrets on “The Ford Faction.”

In this episode, Thomas Cox from Mealfit.co discussed where his parenting techniques come from and how he finds time to execute them. He breaks down the processes he does with each of his children.

First, he teaches them to be strong like Samson. He wants his kids to be strong in many ways: mentally, physically, socially and spiritually.

80

Second, Thomas wants his kids to be tough like Benaiah.

He said, “Toughness is one of the biggest parts of our lives we have to get better at so we can adapt to what’s happening around us.”

Finally, you have to be wise like Solomon.

Thomas told host Ford Brown, “I think if you’re not spending a lot of your day on self-development, you are missing the boat.”

Subscribe to the Yellowhammer Radio Presents The Ford Faction podcast on iTunes or Stitcher.

Rep. Byrne: Breaking down Tax Reform 2.0

Since Congress passed the Tax Cuts and Jobs Act last year, the American economy is booming, and Alabama families have more money in their pockets. By lowering taxes and simplifying the tax code, we have unlocked our economic potential and made life better for hardworking Americans.

The economic numbers speak for themselves: higher wages, lower unemployment, more jobs, bigger paychecks, employee bonuses and much more. Under the Tax Cuts and Jobs Act, the average family in Southwest Alabama will see their tax bill decrease by $2,187 a year.

514

The good news is that we aren’t stopping here. This week, the House is expected to vote on additional changes and improvements to the tax code, something we are calling Tax Reform 2.0. Working with President Trump, we will continue to make the tax code even fairer and more competitive.

Tax Reform 2.0 includes three major pieces. Here’s a quick overview.

First, we want to make the tax cuts for small businesses and middle-class families permanent. Due to Democrat obstruction and arcane rules in the Senate, the Tax Cuts and Jobs Act was only able to lower taxes for ten years. Under Tax Reform 2.0, we will make the tax cuts permanent.

The non-partisan Tax Foundation found that making the middle-class and small business tax cuts permanent will create 1.5 million new jobs and increase gross domestic product (GDP) by 2.2%. This further expands our economy and makes life even better for families and small businesses.

Making these changes permanent, will also lock-in the simpler tax filing process. As you may remember, the Tax Cuts and Jobs Act simplified the tax code to the point where many Americans are now able to complete their taxes on a postcard-style form. A Tax Foundation study shows that this will save Americans between $3.1 to $5.4 billion in compliance costs. Instead of needing an accountant to navigate the complicated code, most Americans will be able to file on their own.

Second, Tax Reform 2.0 promotes family savings and helps more Americans plan for retirement. Currently, too many Americans have been unable to save for retirement or put money aside to cover unforeseen emergencies.

We want to help small businesses provide retirement plans to their workers by allowing small businesses to join together to create a 401(k) plan more affordable and by giving employers more time to put new retirement plans in place. Just as important, we will help more workers participate in retirement plans by exempting small retirement accounts from mandatory payouts and by eliminating the age limit on IRA contributions.

We don’t stop there. Tax Reform 2.0 will create and expand additional programs to help Americans save. For example, our plan creates a new savings account to offer a fully flexible savings tool that families can use at any time right for them, expands 529 education savings accounts, and creates a new baby savings program to help with the birth of a new child or an adoption.

Finally, Tax Reform 2.0 will help grow the economy by promoting start-up businesses and spurring innovation. We do this by allowing new businesses to write off more of their initial start-up costs and by making it easier for start-ups to bring in new investors. America must lead the way on innovation.

As you can tell, Tax Reform 2.0 builds upon our efforts in the Tax Cuts and Jobs Act to ensure the American economy remains strong. We do that by allowing Americans to keep more of their hard-earned money in their pockets. I fundamentally believe our country is the strongest when money is with the people instead of the government.

U.S. Rep. Bradley Byrne is a Republican from Fairhope.

15 hours ago

Ivey, Merrill celebrate National Voter Registration Day – ‘Easy to vote and hard to cheat’

Tuesday is recognized as National Voter Registration Day (NVRD), which Alabama Governor Kay Ivey and Secretary of State John Merrill celebrated by encouraging all of the state’s eligible voters to register.

The annual occasion is the largest single-day drive to register voters of the year. Merrill joined hundreds of different partners around the nation to observe NVRD, with Merrill specifically encouraging a “voter refresh” effort to update state voter rolls with correct information about Alabama citizens.

“Since I became Secretary of State, we have registered more than a million new voters who have helped us shatter state records for voter registration and participation in our elections,” Merrill said in a release.

320

“But we also want our voter rolls to be up-to-date, so we are urging everyone to take a moment to make sure their current address is correct in the state system. We are pleased to participate in this special day that encourages more participation in our electoral process. We continue to work daily to make sure every eligible U.S. citizen in our state is registered to vote and has a photo ID. We want to make it easy to vote and hard to cheat,” Merrill continued.

NVRD, held on every fourth Thursday of September since 2012, is endorsed by the National Association of Secretaries of State and the National Association of State Election Directors. Since 2012, more than 1.4 million people around the nation have registered to vote or update their registration as part of this event alone. This year, libraries, schools and other partners will hold local voter registration drives.

Since Merrill took office, Alabama has registered 1,064,616 new voters, bringing the state’s total to 3,418,839 as of September 7. Yellowhammer State residents can update their voter registration information by downloading the “Vote for Alabama” app on a smartphone or visiting the Secretary of State website here.

“There is no freedom more integral to this Republic than the right to vote and participate in our democratic process,” Merrill emphasized. “I am so proud we are able to work with the partners involved with National Voter Registration Day to help make increased participation a reality here in the state of Alabama.”

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn