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This Week: A Look at Brett Kavanaugh, the Supporters, the Naysayers and the Issues

This Week: A Look at Brett Kavanaugh, the Supporters, the Naysayers and the Issues Read Transcript


(upbeat music)

- Welcome to this editionof CBN News Showcase.

I'm Mark Martin.

- And I'm Charlene Aaron.

President Donald Trump'spick for a supreme court

justice nominee dominatedheadlines this week.

Well President Trumpednamed Brett Kavanaugh

as his choice to replaceJustice Anthony Kennedy.

CBN's White Housecorrespondent Ben Kennedy

has more on Kavanaugh'snomination and potential influence

on the court and nation.

- This was no doubt a historicmoment for President Trump

as he moved to make hismark on the Supreme Court

with a second nominee.

(audience applause)

During the made for prime time event,

President Trump introducedJudge Brett Kavanaugh

as his nominee to replaceretiring justice Anthony Kennedy.

- What matters is not ajudges political views,

but whether they can setaside those views to do

what the law and the constitution require.

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

such a person.

Hand picked from a group25, Kavanaugh becomes

a crucial appointment that couldtilt the court for decades.

- My judicial philosophyis straight forwards.

A judge must be independent,and must interpret the law,

not make the law.

- Are you ready for a fight?

- [Ben] Demonstrators gatheredoutside the high court

to express their disappointmentwith the presidents pick,

and they aren't the only ones.

- The AFA, the AmericanFamily Association,

which we all know here,and they're, you know,

I guess the term would bemore, the further on the right

if you will, they are, rememberthis is an evangelical,

conservative organization,they are calling

on their supporters tooppose Brett Kavanaugh.

That's news, and that's a big deal.

- [Ben] Kavanuagh has servedon 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 predicts

a vicious confirmation battle.

The lines are already drawn.

Senate majority leaderMitch McConnell wants

a vote by the fall, however, democrats

want to wait until after the mid terms.

With a razor thin majorityand Senator John McCain

battling brain cancer at home,

republicans need total unityto push this nominee through.

Ben Kennedy, CBN News, Washington.

- CBN's Faith Nationpolitical analysis team

of David Brodie, JennaBrowder, Paul Strand,

and Jennifer Wishon takea look at Kavanaugh's

chances for confirmation, andwhy the president chose him.

- This was the bluechip pack, this is the,

you know if on the stockmarket, you know, this is

the stock that's justpretty much, pretty solid.

I mean, no surprises.

I mean, it is gonna be really,really hard to stop him.

I mean, he is the guy withthe impeccable credentials.

Last time I checked therewas a guy named Neil Gorsuch

who had impeccablecredentials, and it seems like

this is exactly whatTrump is trying to do.

I know some sources thatI was talking to Jenna,

wanted to make sureTrump wanted to continue

the Gorsuch model, which is tohave a guy that pretty much,

or have a person, excuse me,

pretty much could just sail through.

I'm not suggesting he'sgonna sail through,

just because we live in a day and age

where no one sails through,but this is the guy.

I mean, he's got the resumeand he's the most qualified

and President Trump decided that was it.

- And another sourcessaying that he kind of,

in terms of conservative, liberal,

where he stands on that spectrum,

this source was saying thathe's actually slightly,

a smidge, to the right of Gorsuch.

- Yeah.

- I was surprised to hear that.

- Yeah, yeah, it wouldbe interesting to see

where he eventually falls.

There's no doubt that thecourt is moving to the right

with a Brett Kavanaughpick, the question becomes,

you know who becomes the new swing vote,

which I think we all agreeit's gonna be Justice Roberts,

but I wanna get some more opinions here.

Hello, hello.

Paul Strand and Jennifer Wishon.

Paul, what do you think?

- Well, I think it's agood pick, I think that

Donald Trump has gonebeyond maybe what would be

his own prejudices, being sort of a,

not all that friendlywith the Bush family.

And he seemed to have risen above that,

and I think that maybe some of the advice

he was getting thatBrett Kavanaugh could be,

could almost sail through,we know it's gonna

be a battle, but that he will get through.

It may have had an effect on him.

- It'll be interesting,you know, because of

Judge Kavanaugh's work with Ken Starr,

independent counsel with Bill Clinton,

I think we're gonna see, we're gonna hear

the word Mueller a lot inhis confirmation hearing.

What, you know, if somethingthat Mueller digs up

or decides or somethingout of that investigation

reaches the Supreme Court, you know,

how would he handle that?

So I think that may,President Trump had to

have known that when he picked him,

and he seems to be okay with that.

- And an update on our reporting on

the American Family Associationand Kavanaugh's nomination.

The organization changedits original opposition

to support after hearing from members

and peers in favor of him.

Meanwhile Brett Kavanaugh'snomination to the

US Supreme Court is beingmet with partisan reaction.

- While most conservatives arepulling for President Trump's

pick, many liberals arevoicing their disapproval,

and that includes some membersof the establishment media.

CBN's Jenna Browder reportson what one watch group

is calling a media meltdown.

- Hey, hey, ho, ho.

Kavanaugh has got to go.

- [Jenna] From the Supreme Court.

- No justice.- No peace.

- No family.- No peace.

- To Trump tower,protestors railed against

Brett Kavanaugh's nomination Monday night.

- We should do everythingwe can to fight back!

To speak out, to nevergive up, to never give in.

- [Jenna] And it wasn'tjust democrats and liberal

activists, the media researchcenter is calling bias

on some members of the mainstream media.

- Well if you had NinaTotenburg on NPR who

was supposed to be acorrespondent for that

publicly subsidized radionetwork saying she thought

that whoever Trump picked was going to be

the end of the world as we know it.

You know, that's hyperbole,that is way outside

of the role of a correspondent.

- That's Kavanaugh on therecord saying there should be

no indictment of a sitting president.

- [Jenna] And on MSNBC thatnight, Rich Noi says there

were no conservative guests.

- From eight o'clock untilmidnight, the only guests

that had a point of view wereliberal activists groups,

democratic elected politicians,

opponents of Brett Kavanaugh.

- [Jenna] Protests at theSupreme Court were so disruptive,

one Fox News anchor decidednot to do her show there.

- We did have a plan to haveour show out there live,

it got so volatile atpoints that we ultimately

didn't feel like it wouldbe safe to do an hour

of live television out there.

- [Jenna] Noi says it hasn'talways been like this.

- We went back and lookedat how they covered

the nominations of liberal court nominees,

such as Sonia Sotomayor and Elana Kagan,

you didn't have thistremendous labeling of them

as liberal or left wing.

- Of course people areconcerned about what this

means for a woman's right to choose,

about Roe v. Wade.

- [Jenna] And he doesn'tsee it getting better

any time soon.

- It's a melt down they haven't had since

the last meltdown, andthey're gonna have another

meltdown in the coming days.

I mean, they had a meltdown just

two or three weeks ago over immigration.

Now they're in melt down over this.

- [Jenna] In Washington,Jenna Browder, CBN News.

- [Charlene] Comingup, one attorney with a

conservative legal groupsays he's had a major case

before Kavanaugh.

Hear what he's had to sayon how the nominee could

potentially rule on casesof faith and freedom.

- Some conservatives areconcerned about some of

the rulings by Brett Kavanaugh.

And here to talk aboutpast cases of interest

is Brad Dacas with thePacific Justice Institute.

Brad, thanks for joining us.

- Oh it's a pleasure to beon the program, thank you.

- Your organizationhad a victory in a case

before Kavanaugh, tell us about that.

- Yes, it was a very important victory.

We at Pacific Justice were defending

a pastor, Rick Warren of Saddleback Church

when he was offered to give a prayer

at the presidentialinauguration of President Obama.

And this is a greathonor, he's planning on

doing the prayer, he'sgonna pray in Jesus' name.

Well, a lawsuit was filed by an atheist,

and we at Pacific Justicewere brought in to defend him.

We won at the lower courtlevel, the prayer went on.

It then went on appealto the DC Circuit Court,

and it was heard by a three judge panel,

including Judge Kavanaugh.

Now, the majority opinionwas that the gentleman

who brought the lawsuitdidn't have standing.

But Judge Kavanaugh went out of his way

in a concurring opinionto state very clearly

that even if he did havestanding, this is still

protected, the constitutionsfirst amendment

establishment clause doesnot in any way prohibit

public prayers at publicevents such as this one.

And that was a very bold move on his part

to make it very clearthat the first amendment

is full and it's strong and it's

to be respected by the courts.

We had another decision, itwasn't actually to our case,

but it was another case that came down,

where he was in the minority opinion,

but he was ruling in favorof the constitutionality

of being able to support,actually he didn't

rule in favor, he wrotea friend of the court

as a private attorney,in support of having

prayer at graduation ceremonies.

And that was also a very significant sign

as far as we're concernedof where he's headed

in respecting public displaysof religions expression

in accordance with the first amendment.

So those are really two wonderful hints

from a religious freedomand establishment clause

perspective of what we couldexpect from him in the future.

- But you say he's had a mixedrecord on pro-life issues,

what about that?

- Yeah, well, you knowa number of years ago,

in fact in 2006, hemade a public statement

that he would not reverse Roe versus Wade.

You know, was this aresolution, was it something

that was just saidflippantly, we don't know.

He also ruled againsta pro-life demonstrator

in front of the White House.

Now, there may be otherreasons why he ruled that way,

perhaps, for law, order, et cetera,

but the positive side,you know, he did rule

at a case implyingObamacares mandate to require

businesses and organizationsto provide abortifacients.

He ruled against that, and he said that

the no, that the freeexercise rights of individuals

and businesses andentities trumps any mandate

by Obama Care when it toproviding abortifacients.

He also also recentlyruled in the minority

against a decision by the circuit court

to allow an illegal immigrant teenager,

who's under the guardianshipand custody of the government

to have an abortion, he saidno, this is not a right,

an entitlement, much lessthe discretion and authority

of the federal government when it comes to

these issues such as abortion.

So I think that that'sa very positive side.

I think at the end of theday, whether or not he

overturns Roe versus Wade or not,

I believe he will givegreat deference to states

who wanna adopt laws andmeasures that help protect

the unborn and make abortions less common.

So that's the very least Ithink we can probably expect.

But an outright reversalof Roe versus Wade,

that is something we'll justhave to see if it happens.

- What do you think are thebiggest unanswered questions

about Kavanaugh when it comesto the issues Christians

and conservatives aremost concerned about,

like faith, family, and freedom?

- Yeah, you know there'sa be question mark

with regards how he's goingto weight LGBTQ rights

versus religious freedom.

You know, how would he votein a master piece case,

for example, dealingwith a Christian baker

not wanting to compromisehis faith and provide

a custom made weddingcake for a gay wedding.

We don't know that, nowwe can speculate based

upon his philosophy of original intent and

proper jurisprudence in that regard.

That he would rule and sayno, if we exercise rights

are there clearly in the constitution,

those trump any interest or privileges

or rights created statutorily.

But we just don't know that for sure.

So that's gonna be alittle bit of a gamble.

We do that by his track recordhe has a solid foundation

of federalism, of separation of powers,

of respect to the constitionin regards to original intent,

those are wonderfulpillars for a foundation

moving forward, but thereis still, nonetheless,

some uncertainty thatwe're just going to have to

deal with and I hope and pray that he will

apply those principlesproperly to those issues.

- All right, Brad Dacas withthe Pacific Justice Institute.

Thank you for your time sir.

- Thank you.

- As we mentioned, one of the outcries by

the opponents of Kavanaughis where he stands

on the landmark Roe v. Wade decision

that legalized abortion in 1973.

CBN's Jennifer Wishon takes a closer look

at what would make the courtreconsider and overturn Roe.

- If the Supreme Courtoverturns Roe v. Wade,

then legal control over abortionis returned to the states,

setting up a new patchwork of laws.

In four states, North andSouth Dakota, Mississippi,

and Louisiana, abortion wouldbe automatically banned.

Nine additional stateswhich had abortion bans

before Roe would likely become law again.

And in eight states,abortion would remain legal.

If this control returns to the states,

it would coincide with agrowing number of Americans

identifying as pro-life.

Plus, republicanscurrently hold more seats

in state legislatures across the country.

So if the last decade is any indication,

new pro-life laws could be on the way.

- We've seen an averageof nearly 60 pro-life laws

passed every single year andsigned into law since 2011.

- [Jennifer] A number ofthose state laws already

face court challenges,which will likely become

the mechanism that puts abortion

back on the Supreme Court docket.

- When a case comes up basedon one of these state level

laws, then the court would beable to reexamine the issue

of abortion in America,and would be able to say

in fact there is no such right.

In fact Roe was poorly reasoned.

Katherine Glenn Fostersays due to that reasoning

she feels confidentRoe will be overturned.

It's just a matter of when.

- We expect that the nextjustice will rely upon

the constitution, it's original meaning,

the original intent ofthe founders, the text

of the document itself, when making

these very weighty decisions.

Life-altering decisions.

- So even if Roe v. Wade isoverturned, the legal fight

over abortion will continue.

At the Supreme Court,Jennifer Wishon, CBN News.

(upbeat music)

- [Host] Still ahead, weswitch gears and take a look

at how one popularChristian musician is making

a difference in the lives ofchildren in need of a home.

- There are at least 400,000children in foster care

in the United States.

Grammy award winning artistChris Tomlin is working

to bring down that number.

- Yeah, he's teamed up withhis pastor and the group

America's Kids Belong to make it happen.

CBN's Efrem Graham tellsus how they're doing it.

♪ I'm trusting your royalty ♪

♪ Your holy spirit lives in me ♪

- [Efrem] This is new music

from worship singer Chris Tomlin.

♪ I see my past has been redeemed ♪

- [Efrem] Who is callingon the church to help solve

a major national issue.

- Something that God just put on my heart.

I have not been able to shake it in the

last couple years.

The idea of foster careand adoption in our nation

and in our own backyard, there's so many

incredible organizationsthat do amazing things

and overseas and do incredible work

and I support, I think almostevery one of them in some way.

But when I found out aboutAmerica's Kids Belong,

and how they're doing thework in our own cities

in America, in our ownstates, and our own,

I was really moved 'cause Idon't hear a lot of people

talking about what's going on

with the kids in our own nation.

- [Efrem] America's KidsBelong joined Tomlin

on his most recent tour,Worship Night in America,

and inspired churches around the country

to work to end the crisis.

- This fire ignites across the nation,

this will be a solvableissue in our country

really quickly just by the church doing

what the church is supposed to be doing.

- Tell me about the organization.

- So America's Kids Belong is a non-profit

that units government, business,creative, and faith leaders

to end the foster care and adoption crisis

in the United States.

I think a lot of peoplethink that the foster care

crisis is unsolvable, ifthey even know about it.

They think it's unsolvable, and we're just

blowing these stats out of the water,

and it is, it's so muchfun and I love the picture

of the unity on stage translating into the

unity in the community for these kids.

- And I wanted to usewhatever influence God's

given me at this moment to speak for those

who are really vulnerable, right?

I believe every kiddeserves a loving family

and a family, and a chance.

And having two kids of myown, having two little girls

of my own, I see kidsthat don't, you know,

I see kids without that,it just tears me apart.

So I'm like, how can I helpand America's Kids Belong

is doing amazing work.

And I found out about them through Darren.

So this three, it works.

- [Efrem] Darren Whiteheadis Chris Tomlin's pastor

from his home church in Tennessee

who also co-authored abook with Chris Tomlin

on the Biblical meaning of worship.

- This all originated,Chris and his wife Lauren

are a part of that church,and he is traveling a lot.

And on one of the Sunday'she just happened to be

home, and I didn't know hewas gonna be there that day,

I was preaching on thetopic of praise and worship.

And little did I know Chris was

eye rolling in the congregation.

- Yes, can I just interject?

Can I interject, becausethat sort of sound bad,

but I'm never home much on Sunday's,

I'm over there and I'm like I'm fired up,

and then he walks upand says I got a message

for everybody today, it'son worship and praise.

I'm like are you kidding me,the two Sunday's I'm home.

He's talking about whatI talk about every night.

I'm like I wanted tohear something different,

that's what I thought.

Little did I know, that God had a massive

reason for, I feel like,me being there that day,

how it touched me, I let him share,

I share this every night,but as Darren began to share

this message on why wepraise God, and what it is

we pray, and why we'redoing what we're doing,

I kept thinking, how haveI never heard this message.

I've spent my whole life leading worship,

writing songs, traveling the world.

You would think I would know.

Have, know everythingthat the Bible maybe says

about worship, and Iwas like, this was like

moving in me.

I was embarrassed 'cause I'mlike, how did I not know this.

I'm supposed to be a worshipleader and I don't know this.

And at the same time I waslike this is game changing.

- The essence of it is ifthere are seven Hebrew words

in the Psalms that are all translated

into the English word praise.

So whenever we read theword praise the lord,

underneath the wordpraise are seven different

Hebrew words, and they all mean

something slightly different.

They're all a different perspective,

they're a different angle,they reveal a little more

about practices of worshiping God

from the ancient world,it's called Holy Roar,

and it explains the seven different words

and then Chris actually shares stories

behind some of hissongs, and it's the story

about how they all came about.

- Wow, what God can do whenwe answer his call, amen.

- Indeed, yeah, well staywith us as we call on God next

here on Showcase.

- Won't you pray with us today.

Dear lord, we thank you forwho you are, all mighty God.

And there is no onelike you, we praise you

for your sovereignty over all things.

We pray over the SupremeCourt nomination by

President Trump of Brett Kavanaugh.

We pray your will be doneover the confirmation process.

We pray that our leaders,Lord, would put politics

aside and do what is best for our nation

and in your will to confirm Kavanaugh

based on his qualificationsand ability to rule

according to the constitutionand the laws of our land.

We pray for you peace,love, and unity to rule

in our nation and for all thehate and animosity to end.

- We also pray for allthe children in America

and around the world who need a home,

and ask that adoption programslike America's Kids Belong

would be successful forthe sake of these children.

And we pray that youwould move on the hearts

of your people to endthe crisis of children

in foster care without a forever home.

We know you love children,we pray that you would

give us your heart for them.

And as always, we pray forrevival to come in America

and around the world, all toyour glory among the nations.

In Jesus name we pray, amen.

- Amen, well that's all for

this edition of CBN New Showcase.

You can find more ofour exclusive coverage

of the issues you caremost about at cbnnews.com.

- And stay up to date with CBN News

through Facebook and Twitter.

Hope you'll join us nexttime, have a great day.

(upbeat music)

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