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.

 

4 hours ago

Sessions hits Jones over finding impeachment case ‘compelling’ — ‘Merely repeating the partisan attacks of Congressman Adam Schiff’

Former U.S. Attorney General Jeff Sessions is not happy with Senator Doug Jones (D-AL).

Sessions sent out a forceful response to Yellowhammer News’ reporting on Friday morning that Jones found the evidence against President Donald Trump in the impeachment trial “compelling.”

“Senator Doug Jones’ recent video appears to indicate that he is planning to vote to remove Donald Trump from the office of President of the United States. He is merely repeating the partisan attacks of Congressman Adam Schiff,” began Sessions.

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Sessions said he feels Jones is “not even attempting” to represent the people of Alabama.

Presumably, this is a reference to Jones’ openness to impeaching Trump, who sports around a 60% approval rating among the people of Alabama. It is also good political hay for Sessions to make in a Republican primary where Trump’s approval rating hovers around 90%.

“The Democrats do not allege any crime, nor do the vague charges in the articles of impeachment rise to a level that would justify the removal of our duly-elected President,” added Sessions.

Sessions this week was the subject of a much speculated-about Trump tweet that showed a poll from 2019 that had Sessions leading the field of contenders in the Republican primary.

To conclude his statement on impeachment, Sessions said, “The entire matter is being revealed as a political hit job, paid for by the taxpayers.”

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95.

5 hours ago

Tuberville: ‘Trump has done more for the rights of the unborn than any other President’

After President Donald J. Trump on Friday became the first sitting president in history to address the March for Life in Washington, D.C., former Auburn University head football coach Tommy Tuberville praised Trump’s staunch pro-life stance.

Tuberville is a candidate in Alabama’s 2020 Republican primary for the U.S. Senate.

Trump’s speech can be viewed below:

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Tuberville said in a statement to Yellowhammer News, “President Trump attending the March For Life Rally is a victory for all in the Pro-Life movement.”

“President Trump has done more for the rights of the unborn than any other President,” he concluded. “I’ll continue to fight for the unborn with President Trump when elected to the Senate. It’s simple: life begins at conception!”

Friday’s March for Life occurred two days after the 47th anniversary of the U.S. Supreme Court’s Roe v. Wade decision.

RELATED: Tuberville ‘all for’ abortion ban — ‘You’ve got to take your hat off to not just Alabama but other states’ on effort to overturn Roe v. Wade

One of the other featured speakers at the 2020 March for Life has a major Alabama tie.

David Platt, formerly the pastor of the Church at Brook Hills in Birmingham, Alabama, was highlighted on the March for Life’s website as a keynote speaker. Platt made national news last year when Trump showed up to his current church in Virginia; the pastor then movingly prayed over the president on stage.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

5 hours ago

Bama, Auburn combine for three of four SEC players in 2020 State Farm All-Star Football Challenge

The 22nd annual State Farm All-Star Football Challenge will return to AT&T Stadium in Arlington, Texas, and air on ESPN2 at 8:00 p.m. CT on January 31.

The exclusive skills competition will feature 24 of college football’s brightest stars divided into six teams based on their college conference. The conferences represented are the ACC, the Big Ten, the Big 12, the Pac-12, the SEC and four of the best players outside of the Power Five that will be called the “Wild Card” team.

Of the four players on the SEC team, the University of Alabama had two, Auburn had one and Vanderbilt had the fourth and final player.

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Team SEC as follows:

Nick Coe, DE, Auburn
Jerry Jeudy, WR, Alabama
Terrell Lewis, LB, Alabama
Riley Neal, QB, Vanderbilt

Each player will individually participate in a timed event, and the competition will then finish with a full team event. All events will be timed and have individual winners, which will be compiled into a cumulative score to determine the winning team. For example, the quarterbacks from each team will compete against each other to win their competition. Ultimately, however, their time will be added to the times of the other competitors on their conference designated team to have a final team score.

Individual events will include the State Farm QB Accuracy Competition, the Mercedes-Benz Obstacle Course, the Rocket Mortgage Strength Challenge and the Hands Competition. To conclude the program, the players will compete as teams in the State Farm Team Competition.

Alumni of the State Farm All-Star Football Challenge include 81 first-round NFL Draft picks, including 38 Pro Bowlers, such as Drew Brees, Aaron Rodgers, Patrick Mahomes, Jalen Ramsey, Dalvin Cook, Derwin James, Landon Collins, Von Miller, Vernon Davis, Joe Flacco, Dez Bryant, Donovan McNabb, Reggie Wayne and Edgerrin James.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

6 hours ago

Alabama finishes decade with record low unemployment rate, sets more economic milestones

Alabama Department of Labor Secretary Fitzgerald Washington on Friday announced that the state maintained its record low unemployment rate last month, ending 2019 with a preliminary, seasonally adjusted December unemployment rate of 2.7%, unchanged from November, and far below December 2018’s rate of 3.8%.

Multiple other economic records were again set last month, in addition to the record low unemployment rate holding steady.

In a statement, Governor Kay Ivey said, “I’m so proud to be able to close out this decade with record-breaking economic measures.”

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December’s unemployment rate, which ranked fifth-lowest in the nation, represented 2,204,740 employed people, a new record high, representing an increase of 83,971 from December 2018. Additionally, 61,458 people were counted as unemployed, another new record and a drop of 22,051 from last year. Moreover, the civilian labor force grew by 61,920 over the year to a new record high of 2,266,198.

“All year long, we’ve had good news to share, and to be able to end the year, and the decade, on such a positive note is wonderful,” the governor concluded. “Earlier this year, Alabama had never reported an unemployment rate lower than 3.0%, and now we’ve had one for the last three months! Nearly 84,000 more people have jobs now than last year. I’m excited about the path that Alabama is on, and the positive impacts this news has on our people.”

Wage and salary employment grew over the year by 46,300. Yearly gains were seen in the professional and business services sector (+15,000), the leisure and hospitality sector (+7,800) and the government sector (+6,100), among others. Over the month, gains were seen in the trade, transportation and utilities sector (+4,000), the construction sector (+700) and the professional and business services sector (+200).

“For the eleventh month in a row, our job growth has met or surpassed the nation’s,” Washington stated. “We’ve gained over 46,000 jobs since last December, and we continue to see employers posting job ads.”

Additionally, Alabama’s job growth rate for December was 2.2%. It significantly surpassed the national job growth rate of 1.4%, marking the 11th month that Alabama’s job growth rate matched or exceeded the national rate in 2019.

“Average weekly wages showed significant growth this month, registering at an all-time high,” Washington added. “Additionally, we saw many sectors and subsectors reach all-time wage highs, including manufacturing, with a monthly wage increase of $25.57, and financial activities, with a monthly wage increase of $50.78.”

Total private average weekly wages measured $875.44 in December, representing a monthly increase of $15.14.

Counties with the lowest unemployment rates last month were: Shelby County at 1.8%; Marshall, Madison and Cullman Counties at 2.1%; and Tuscaloosa, St. Clair, Morgan, Limestone, Lee and Elmore Counties at 2.2%.

Counties with the highest unemployment rates were: Wilcox County at 6.8%, Clarke County at 5.5% and Greene and Lowndes Counties at 4.8%.

Major cities with the lowest unemployment rates were: Vestavia Hills at 1.4%, Homewood at 1.6% and Hoover and Northport at 1.7%.

Major cities with the highest unemployment rates were: Prichard at 5.0%, Selma at 4.9% and Bessemer at 3.7%.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

6 hours ago

What does Trump’s tweet say about his position on the U.S. Senate race in Alabama?

After remaining silent on the GOP primary in 2020 U.S. Senate race for the state of Alabama, the President of the United States has checked in via Twitter.

But what does it mean?

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The answer to this question all depends on how you lean in the race.

Do you support former Attorney General Jeff Sessions?

Trump is happy he is leading!

Do you support former Auburn head football coach Tommy Tuberville?

Trump is happy that Tuberville is close to Sessions (he did tweet a poll put out by a pro-Tuberville group)!

Do you support U.S. Representative Bradley Byrne (R-Fairhope)?

Trump is bringing attention to the race to get people to pay attention to all of the ads on television and radio by the Byrne campaign.

Do you support former Alabama Chief Justice Roy Moore?

Hey, at least Trump didn’t say he wanted Moore out of the race again.

Do you support State Representative Arnold Mooney (R-Indian Springs)?

Hey look, Arnold Mooney is included!

Do you support Stanley Adair?

Hi, Stanley!

Before anyone gets too excited, Trump was tweeting about a bunch of races, so maybe it means nothing.

Also, let’s remember that Trump was 0-2 in 2017. He backed then- Senator Luther Strange (R-AL) for reelection to the seat he was appointed to and he then begrudgingly backed Roy Moore. Obviously, the existence of U.S. Senator Doug Jones (D-AL) shows he was not successful in either endeavor.

Because of this, President Donald Trump should just sit this one out.

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