This Week: A Look at Brett Kavanaugh, the Supporters, the Naysayers and the Issues
- 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.
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.
- 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.
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
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.
- So even if Roe v. Wade isoverturned, the legal fight
over abortion will continue.
At the Supreme Court,Jennifer Wishon, CBN News.
- [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.
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Hope you'll join us nexttime, have a great day.