As seen on â€œThe 700 Club,â€ 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.
- 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.
- [Narrator] During themade for prime time event,
President Trump introducedJudge Brett Kavanaugh
as his nominee to replace retiring justice
- 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
- Well let me tell you,
I know something about that case,
'cause you know whose case that was?
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?
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.
- 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.