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News on The 700 Club: July 10, 2018

As seen on “The 700 Club,” July 10.: Why an Evangelical Group Is Opposing Kavanaugh; All Boys Rescued from Flooded Cave in Thailand as Deadly Crisis Over; How Texas is fighting crime and turning criminals around, and more. Read Transcript


- Well welcome folks to thisaddition of The 700 Club.

Well the Presidentpicked the most qualified

of the candidates to be thenext Supreme Court Justice.

Brett Kavanaugh, a superb, aman who interestingly enough

teaches law at Harvard,at Yale, and at Georgetown

and who was put intothe position at Harvard

by the then Dean ofthe Harvard Law School,

Elana Kagan, who is nowsitting on the Supreme Court.

So it's interestingthis with the Democrats

they're going to oppose him,

if the President had nominated Moses

the Democrats would find fault with him.

It didn't make a difference what it was.

- Well I think peopleare finding that true.

- They gettin' sick of this,

this man is uniquely qualified,

but when you are a professorat Harvard, at Yale,

and at Georgetown.

- If not you, then who, right?

- Yeah, I mean, how good could it get?

And his decisions have been followed by

the Supreme Court of the United States

at least 12 times.

Amazing man, Jay Sekulowis gonna talk about him.

All right.- All right.

But in the Prime Time announcement,

Kavanaugh stepped into the spotlight

and introduced himselfto the American people.

Today Vice President MikePence will escort him

to Capital Hill to meetsenate majority leader

Mitch McConnell, the man charged with

securing his confirmation.

Ben Kennedy has more from the White House.

- This was no doubt a historic moment

for President Trump asa move to make his mark

on the Supreme Court,with a second nominee.

(applause)

- [Narrator] During themade for prime time event,

President Trump introducedJudge Brett Kavanaugh

as his nominee to replace retiring justice

Anthony Kennedy.

- What matters is not ajudge's political views,

but whether they can set aside those views

to do what the law andthe Constitution require.

I am pleased to say that Ihave found, without doubt,

such a person.

- [Narrator] Hand pickedfrom a group of 25,

Kavanaugh becomes a crucial appointment

that could tilt the court for decades.

- My judicial philosophyis straightforward.

A judge must be independent.

And must interpret thelaw, not make the law.

- Are you ready for a fight?

- [Narrator] Demonstratorsgathered outside

the High Court to expresstheir disappointment

with the President's pick.

And they aren't the only ones.

- The AFA, the AmericanFamily Association,

which we all know here andthey're I guess determined

would be more on the furtheron the right, if you will.

They are, remember this isan Evangelical conservative

organization, they arecalling on their supporters

to oppose Brett Kavanaugh.

Now that's news and that's a big deal.

- [Narrator] Kavanaugh hasserved on the DC Court of Appeals

since 2006, he earneda law degree from Yale.

Clerked for Justice Kennedy and has a vast

judicial record withmore than 300 opinions.

- Tomorrow I begin meetingwith members of the Senate.

Which plays an essentialrole in this process.

- Now President Trump predictsa vicious confirmation

battle, the lines are already drawn.

Senate Majority LeaderMitch McConnell wants a vote

by the fall, howeverDemocrats want to wait

until after the mid-terms,with the razor thin majority

and Senator John McCainbattling brain cancer at home,

Republicans need total unityto push this nominee through.

Ben Kennedy, CBN News, Washington.

- Well, Jay Sekulow as you know,

is chief counsel for the American Center

for Law and Justice,and he's joining us now.

Jay, you told me and weagreed that Brett Kavanaugh

without a question was the most qualified,

what do you know about him?

- Well I've known Brett for a long time,

I knew him when he was, workedfor the Bush administration,

he worked with us onsome cases while he was

in private practice and of course,

we've been in front of himas a court of appeals judge

and the DC circuit, whichis probably the second

highest and second mostpowerful court in the country.

And I will tell you this,

he's a brilliant lawyer,he's been a brilliant judge,

and he's gonna be a brilliant justice

to the Supreme Court.

This is a guy that you already mentioned

his academic credentials and background.

But he understands the Constitution,

he understands the role of the judge

in our Constitutional Republic,

and Pat I was reallypleased that the President

made this selection.

Look, I mean, somepeople are pickin' apart,

the guy's written 300 opinions

and some people are stilllookin' at this opinion,

or that opinion, say I wishit went this way, or that way,

the fact of the matter is this,

Justice Scalia famously said,

that a good judge willsometimes come to a conclusion

which bothers him on a personal basis,

but is what the law requires him to do.

And the role of the judge is to do

what the law requires him to do.

So, this is someone thatunderstands judicial restraint,

separation of powers,

he understands the role of

each of the three branches of government.

So I don't think therecould've been a better pick.

- Well you know thething that's shocked me

is the way that the courts have varied

from the Constitution,

you go back to Griswold,all that penumbras

and ammonizations and all that nonsense,

that came out of that Griswold decision.

I mean they have justgone off the reservation

so often, the Democratsapparently want a Constitution

which is malleable accordingto the moires of the time.

And Kavanaugh says no,no, no I want to stick

with the strict letter of the law,

is that what you understand?

- Yeah, he's a textualist.

He's an originalist.

But he also understands that the way,

if you wanna change the Constitution,

the American people can,they've done it 24 times,

called the amendment to the Constitution.

There's a process for amendment,

but judges do not get tomake that determination.

They don't get to make that decision.

So, Brett Kavanaugh views the Constitution

as it is written, as atextualist, as an originalist,

he's a Constitutionalconservative in that sense

but let me tell you somethingelse about Brett Kavanaugh,

that we saw last night ondisplay at the White House.

And this is you saw thehumility and the side of him

the personal side of him,like I said I've known Brett

for a long time, he'sgonna be a great justice.

Look, this is gonna be, you said,

this is gonna be and the President said,

this is gonna be a viciouscampaign to discredit

an individual with animpeccable credentials

and a brilliant background,

but you need to buckle your seat belts,

'cause this is Washington andwe know what's gonna happen.

But at the end of theday, here's my prediction.

Come the first Monday in October,

which is October first,

Justice Kavanaugh willbe on the Supreme Court.

- What does this mean?

We've been fighting the AmericanCenter for Law and Justice

for years, against a courtthat was stacked against

Christian values and religioustradition and so forth,

and it's almost impossibleif you bring a case

you almost know you're gonna fail

and therefore you don't take cases

because you get precedent against you.

Now, it's a whole new ballgame.

If he's on the court,

what are we gonna do?

What will the ACLJ do?

- You know Pat, it's interesting because

we had a good term this term,

we had a couple cases up thatwere attached to other cases

that got reversed in ourfavor, that was very good.

On the merits.

So that was, we had a good term.

But let me say this, we did an analysis,

of the justices on the Supreme Court

and you know justice AnthonyKennedy ruled in our favor

78.8% of the time, almost 80% of the time.

That's a pretty good record.

Before the Supreme Court, sowe've had a very good track

record there, we've got a casethat's coming up right now.

A free speech case,

out of the 11th Circuit Court of Appeals,

that I'm optimistic the court will hear.

It's a straightforward free speech case,

there's a lack of academicfreedom inside universities

in many cases and there'snow lack of academic freedom

in freedom of speech outsideof some universities,

even in public areas.

So that case is going tothe Supreme Court right now.

So I'm, look, I'm encouraged,we've had a good run this year

but you're right, you've got to be,

our success of the Supreme Court has been

because we've been as youknow, you're the founder

of the ACLJ, we have beenselective on what we take up.

And the court is stillgoing to be closely divided

so no one should assume that all of sudden

this is a different world we live in.

This is a very divided court,

if you look at the key cases we had a case

at the Supreme Court that was determined

involving the crisis pregnancy centers

and their ability to notbe compelled to violate

their conscious by referring individuals,

women seeking access, to their facilities,

but also saying you have,you can get a free abortion

down the street, which wouldviolate the Constitution

and justices agreed with our position

in a case served five to four

and that case has been sentback to the lower court

and we're gonna be successful now in light

of the opinions that came out.

But it was five to four.

So, you've gotta be cognizant of the fact

that it's still a closely divided court.

Brett Kavanaugh being added to the court

will still make it a closely divided court

and as you know better than anybody,

it's very difficult to predicthow an individual justice

is gonna rule on an individual case,

that's because they have to see the facts.

They have to read the briefs,

they have to hear the arguments.

And what I think BrettKavanaugh will be pushed

aggressively, by some onthe judiciary committee

to say how he will rulein a particular case

and he should do whatjustice Ginsberg did,

which is say I am not going to discuss

how I may or may not rule on a case

that is likely to come before me.

And that's the, theycall it the Ginsberg Rule

and I actually thinkjustice Ginsberg was right.

- Let me ask you aboutthis affordable care act,

they upheld it on thebasis of it being a tax

and of course Obama hadsaid it's not a tax,

and then the SupremeCourt said it is a tax.

And therefore they upheld it.

Kavanaugh voted alongwith judge Roberts on that

and some conservatives are going after him

on account of that vote,well what do you think

about that?

- Well let me tell you,

I know something about that case,

'cause you know whose case that was?

Ours!

That was a case that theAmerican Center for Law

and Justice brought inthe US District Court

and I was concerned from the outset.

I dunno if you rememberthis, Pat, a long time ago,

when this case was first,when the issue was first

peculating, I raised theconcern, in other words

you know my background is a tax lawyer,

I worked for chief counsel's office,

the Department of Treasuryas the IRS's lawyer.

In their legal department.

And I was concerned that thetax issue was significant

because of two things.

Number one, you got theorigination clause and that issue,

but also that it, the way thecases were being challenged

if it was in fact a tax,which the government initially

denied, but ultimately they admitted it,

there is a anti-injunction act.

So Brett Kavanaugh did notrule on the merits of the case,

saying that the ACA was good or bad,

he said that theanti-injunction act prohibited

the enforcement action or the litigation

from moving forward in the way it did.

Now lemme tell yousomething about the tax.

Was it a tax?

Well I think we all know it was a tax now.

And it's been forced bywhat part of the US Code?

The Tax Code.

It's part of the internal revenue code.

So the fact of the matteris at the end of the day

guess what it was?

A tax.

It's gonna take legislation to fix that.

I don't think we should,the courts have gone as far

as they're gonna go,the individual mandate

preach for life, Kavanaughruled I think exactly correctly

in the Garsa case, which was the

illegal immigrant or the young,

she was a young girl at that point,

that came in and was seekingaccess for an abortion

and he did not go as far as someone,

I know I heard in the reportthat the American Family

Associations disagreeing withBrett's decision on that,

but he actually ruled exactlywhat the administration

was seeking and a judgedoesn't go out of their way

to expand, he's aminimalist in that sense.

And I think an incrementalistand that's how you

view the Constitution, that'show I view the Constitution.

So I'm optimistic there,I'm not concerned about,

again, you can't, yougotta look at 300 opinions,

not three and you have tounderstand that this is

and you said this, he'd beenaffirmed by the Supreme Court

a dozen times and his cases arecited all over the circuits.

I mean, his decisionsare cited in circuits

around the country, soto argue that this is not

a well-qualified nomineeis preposterous, frankly.

- You remember how theDemocrats used to say,

that quote out of the mainstream,

I can't imagine anybodywho teaches at Harvard,

teaches at Yale, andteaches at Georgetown,

is held out of the mainstream.

He's right dead centerin the midst of the best

legal thinking we have in this country.

- Hired by Justice Kagan,she was then as you said,

Dean Kagan, at Harvard Law School.

Look, Brett Kavanaugh'sgonna be confirmed.

I think the press releasesagainst Brett Kavanaugh

were already written, fill in the blank,

whoever it was gonna be, there's nobody.

I think you said what,Moses would not be appointed

and people would be happy aboutit, on the left of center.

I think that's probably right.

But at the end of the daylook, Brett Kavanaugh's

gonna get a well qualified recommendation

from the American Bar Association,

he has sterling credentials,he's gonna be confirmed.

- Jay, thanks for that prediction.

And I think that's one folksyou can take to the bank.

- Boy, Mitch McConnell'sgot his job cut out for him.

- Yeah, he really does,but he's a master of it.

He'll bring it out.

Well there's good news from Thailand,

we've been watching the whole,

all the world has beenlooking at the fact that

those 12 boys and their soccer coach

have all been rescued.

Where they were trappedfor nearly three weeks.

Health officials say theboys are in high spirits

generally healthy andthey are at the hospital,

where they'll stay forat least seven days.

If medical tests show no danger,

parents will be ableto visit their children

the first time sincethey entered the cave,

18 days ago.

And so we rejoice at that,

share the good news with those parents,

that those little boys,those young fellas have been.

- Hats off to the Seal teams,that were involved in that.

- Yeah, one of 'em lost their life.

- Yes.

- Because he ran out of oxygen,

but it was a difficult rescue

and they got 'em outbefore the monsoons started

and flooded the thing even worse.

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