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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.

 

5 hours ago

Christmas with Can’t Miss Alabama has spectacular entertainment with ZooLight Safari and Galaxy of Lights

It’s that time of year to eat, drink and be merry.

ZooLight Safari

Christmas magic is at the 25th annual ZooLight Safari with seasonal songs and holiday classics. Celebrate with writing letters to Santa, crafts, ornament decorating, train and carousel rides and holiday games. Join in the fun Dec. 14-23 and Dec. 26-31 from 5-9 p.m. Admission is $10 and ride tickets are $3.50. Parking is free.

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Learn more at https://www.birminghamzoo.com/.

Holiday Spectacular 2018

Enjoy holiday songs at the Red Mountain Theatre Company (RMTC) through Sunday, Dec. 16. Conservatory students will perform at the Holiday Spectacular with local artists to warm your heart and set the stage for a magical season. Showtimes are Wednesday through Saturday at 7:30 p.m. and Saturday and Sunday at 2 p.m. Free parking is available on the street in front of the theater and the Park Rite deck, or on the corner of Fourth Avenue North and 19th Street. Paid parking is available in front of the building on 19th Street.

The RMTC is at 301 19th St. N. in Birmingham.

Tickets are available at RMTC.

Christmas at the Falls

It is a wonderful time of the year at Noccalula Falls. Regular park activities are closed to accommodate nightly Christmas entertainment through Sunday, Dec. 30. Festive holiday lights with a visit from Santa will create a magical adventure for all. Admission is $15 and children 3 and under are free. The venue is at 1500 Noccalula Road, Gadsden, 35904.

Call 256-549-4663 or visit www.noccalulafallspark.com.

Galaxy of Lights

Drive through Galaxy of Lights at the Huntsville Botanical Garden through Monday, Dec. 31. The light display and other traditional holiday scenes will be enjoyable from the comfort of your car. Admission is $25 for up to 10 people. Information about vans, buses and discounts are found here.

For details, go to Driving Night FAQ.

The venue is the Huntsville Botanical Garden at 4747 Bob Wallace Ave.

Just Josh – A Chili Country Christmas

Grammy-award nominee Josh Goforth will be in concert at the annual Chili Country Christmas at the We Piddle Around Theater in Brundidge Dec. 14-15. Goforth is a traditional musician and one of the finest fiddle, banjo and guitar players in the country. Audiences will stomp and clap to his fiddle with stories of his grandpa and life in Appalachia. He has performed at the Grand Ole Opry, Carnegie Hall, throughout Europe and Japan and every state except Hawaii. Tickets are $20, which include the pre-show and chili supper.

Doors open at 6:20 p.m.

For tickets or more information, call 334-685-5524 or 334-670-6302.

Santa’s Underground Workshop at Rickwood Caverns

Santa’s Underground Workshop is underway through Sunday, Dec. 23 from 2-8 p.m. at Rickwood Caverns State Park. Visitors can experience the magic of the season, by viewing over 30,000 colored lights and holiday ornaments, as they walk 175 feet down into the cave. “We had a wonderful time last year with our first Santa’s Underground Workshop,” said Rickwood Caverns State Park Manager Amanda White. “We’re looking forward to sharing the amazing cave with our friends who are regular visitors, as well as those who may have never been here before. Admission is $10 per person, ages 4 and older. Groups of 20 or more can get tickets for $8 each.

For more information visit: https://www.alapark.com.

Lawson State Community Choir in concert

The Lawson State Community College (LSCC) Quartet Christmas Concert is Sunday, Dec. 16 at 4 p.m. at the Birmingham Public Library downtown in the East Grand Reading Room. The performers include the LSCC Quartet, comprised of Kayla King, Heavyn Leigh Whiteside, Javaris Williams, and Jemanuel Pullom. The choir will perform popular Christmas songs and carols, such as “Winter Wonderland,” “Have Yourself a Merry Little Christmas” and “Silent Night.” LSCC is led by Dr. Jillian Johnson.

For more details, call 205-226-3746 or visit www.bplonline.org.

2018 Governor’s Mansion Christmas in Montgomery

The Alabama Governor’s Mansion holiday tour is Monday, Dec. 17 from 5:30-7:30 p.m. Visitors will view the holiday décor, listen to live choir performances and have access to Alabama-made goods in the gift shop.

Call 334-242-7100 to inquire about free tickets.

Enjoy an evening with ‘Dancing with the Stars’

“Dancing with the Stars: Live!” returns to Birmingham Tuesday, Dec. 18 featuring Bobby Bones.  Enjoy everything from ballroom to jazz to modern to hip-hop dance styles. The show starts at 8 p.m. at the Birmingham-Jefferson Convention Complex.

Tickets are available through Ticketmaster.

Alabama Shakespeare Festival

The Alabama Shakespeare Festival presents “The Sound of Music” through Sunday, Dec. 30 as a part of its 2018-19 season. The production tells the beloved story of Maria, a young and spirited nun-turned-governess, and the Von Trapp family. The 1965 film adaption starring Julie Andrews won Best Picture at the Academy Awards. Other adaptions have won Tony and Grammy awards.

For tickets, click here.

Ice Skating

Ice skating at Railroad Park continues through Sunday, Jan. 6. The 50-by-80-foot rink will open seven days a week, Sunday through Thursday from 11 a.m. to 9 p.m. on Friday and Saturday from 10 a.m. to 10 p.m.. Ticket prices include skate rental, tax and unlimited time on the ice. Children 12 and under are $10, adults are $12 and groups of 20 or more skate for $9 per person. Tickets are available online or at the rink. Tickets are valid for the entire day. Although skates are included in the ticket price, individuals are welcome to bring their own skates. The rink will be closed Christmas Day.

Visit www.railroadpark.org/iceskating for season passes.

For details, email info@railroadpark.org or call 205-521-9933.

(Courtesy of Alabama NewsCenter)

5 hours ago

On this day in Alabama history: Alabama admitted to the Union

December 14, 1819

Alabama became the 22nd state on Dec. 14, 1819, the only state added to the United States that year. The young United States acquired the British claims to all lands east of the Mississippi River, including present-day Alabama, as part of the treaty that ended the American Revolution. Alabama was originally part of the Mississippi Territory, which up until then was claimed by the colony of Georgia. Under pressure from white Southerners to see two slave states emerge, Congress created the Alabama Territory out of the eastern half of the Mississippi Territory on March 3, 1817. William Wyatt Bibb was named governor. The population grew rapidly, which led to petitions for statehood, which was granted two years later.

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Read More at Encyclopedia of Alabama.

For more on Alabama’s Bicentennial, visit Alabama 200.

(Courtesy of Alabama NewsCenter)

6 hours ago

Ivey’s inaugural events to promote children’s literacy

In keeping with the theme “Keep Alabama Growing,” Governor Kay Ivey’s inaugural committee on Friday announced plans to promote children’s literacy throughout the January 2019 inaugural festivities.

“Investing in the next generation is critical to our ability to keep Alabama growing,” Ivey said in a press release. “As we prepare for four more years of growing opportunities for Alabamians, I can’t think of a better place to begin than with our children’s literacy, ensuring they get a strong start.”

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As part of this effort, the governor’s inaugural committee will be hosting book drives at the Gulf Coast Inaugural Celebration on January 12 and the Inaugural Gala in Montgomery on January 14. The books collected will be donated to the Alabama Literacy Alliance, a nonprofit dedicated to improving literacy in communities across the state.

Tickets to the Gulf Coast Inaugural Celebration are available to the general public here. The $25 ticket price will be waived for attendees who bring four children’s books to the celebration.

The Inaugural Gala in Montgomery is invitation only.

More details will be announced in the coming weeks and posted here.

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

7 hours ago

Ohio-based Gregory Industries set to invest $4.21 million in Decatur steel plant

Ohio-based galvanized steel company Gregory Industries plans to make a $4.21 million capital investment in a Decatur steel plant, according to Decatur Daily.

The investment will consist of the purchasing of 100,000 square feet of the Willo Products building and 13 adjacent acres at the site for a galvanized steel tubing plant.

Gregory Industries recently purchased Mid-Ohio Tubing. Once the Morgan County plant undergoes renovations and begins operations, it will carry the name Mid-Ohio Tubing.

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Company officials hope to have the plant open by June. The plan is to hire 20 employees at an average annual wage of $47,000 and add four more employees by the end of the third year.

According to Mike Rothacher, the Gregory vice president of corporate services, the company will hire a plant manager, maintenance workers, machine operators and general laborers.

The Industrial Development Board of Decatur approved $172,400 in state, city and Morgan County tax abatements for the company.

Morgan County Economic Development Association president and CEO Jeremy Nails connected with Gregory officials after Nucor found out the Ohio company was looking to expand by venturing into the south.

“We rely on existing industries to put us in contact with companies that they deal with,” Nails said. “We don’t have a lot of available buildings so we were fortunate that this building was available. It’s a win-win for Gregory and Willo.”

The Gregory plant will produce galvanized steel tubing that will be used in material called G-street metal framing. The plant will feature a tubing mill and a roll-forming mill.

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

7 hours ago

Alabama House Speaker McCutcheon hospitalized with heart issue, expects to be released following treatment

Alabama Speaker of the House Mac McCutcheon (R-Monrovia) announced on Friday that he has been hospitalized with a heart issue but expects to be released following treatment over the weekend.

“Deb and I appreciate the prayers of healing that so many have made on my behalf, and I am well on the road to recovery,” McCutcheon said in a press release.

“Tests indicated that I had a blocked blood vessel in my heart, which resulted in the fatigue and shortness of breath that I felt, and the issue will be treated with simple medication,” he explained.

While returning home from the legislative orientation session at the Alabama State House on Thursday, the speaker suffered mild chest pains and shortness of breath and was driven to an emergency room for examination.

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McCutcheon outlined that he first assumed he was suffering from a case of bronchitis, but an EKG indicated a heart issue, which blood tests later confirmed.

His physician recommended a heart catheterization, and those results showed a blood vessel that had closed but did not require a stent and could be treated with medication.

During his recovery, the speaker said he will continue working on House committee assignments and other legislative issues in preparation for the upcoming organizational and regular sessions of the Alabama Legislature. The organizational session begins on January 8.

During the 2014 legislative session, McCutcheon underwent heart bypass surgery and returned to work before the session ended.

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