- Justice Brett Kavanaugh takes his place
on the United States Supreme Court.
Welcome to Faith Nation.
I'm Jenna Browder.
- And I'm John Jessup.
With the Supreme Courtconfirmation battle now over,
the fight moves to the campaign trail,
where both Democrats andRepublicans say the controversy
over Kavanaugh is motivating their voters
to hit the polls in the upcoming midterms.
- And as Amber Strong tells us,some Democratic leaders say,
if they come out on top in November,
they will re-open theinvestigation into the new Justice.
- On this vote, they ayesare 50, the nays are 48.
- And with that, Brett Kavanaughbecomes the 114th Justice
of the United States Supreme Court,
but the bitter battleleading to that confirmation
has consequences forthe midterms and beyond.
While the GOP won the confirmation battle,
both sides are determined to win the war
for the control of Congress.
Republicans say the Democrats' tactics
are reigniting theparty ahead of midterms.
- We have been energized.
We have been energized.(audience cheering)
- The tactics that have been employed
both by Judiciary CommitteeDemocratic senators
and by the virtual mobthat's assaulted all of us
in the course of this processhas turned our base on fire.
- [Amber] Democrats say the anger,
seen by scores of protesters on the Hill,
many of which are women,will have a long-term impact.
- Innocent people who aresitting in the Senate,
that they've elected, whoare making these decisions,
and they're gonna go to the polls,
and they're gonna vote differently.
- [Amber] While some Democrats,
including Congressman Jerry Nadler,
toyed with the idea of investigating
and possibly impeaching Kavanaugh
should the Democrats take the House,
others say the party should be focused
on the election and healing the divide.
- The Senate's role in our politics
is not to just reflect the country,
but to help heal and lead the country,
and that's the course we should be on.
- Now Kavanaugh will attenda swearing in ceremony
Monday at the White Housewith President Trump,
and his first vote couldcome as early as Tuesday.
Amber Strong, CBN News, Washington.
- Thanks Amber.
Well, Abigail Robertson joins us now
from Capitol Hill with more.
Abby, there were four peoplethat we were watching,
four key senators inthe lead up to the vote,
Senators Flake, Senator Susan Collins,
Senator Murkowski, and Senator Manchin.
Let's talk about fallout,how they ended up voting,
and how their votespossibly might impact them
in the upcoming midterms.
- Yes, well all four of these senators
are in very differentpositions politically.
Let's start with Senator Lisa Murkowski.
She is the only Republican to not support
Judge Kavanaugh's nomination,
and she is not up forre-election until 2022.
And I just want to point out,in her last election campaign,
she actually lost her Republican primary,
but won the general election
in a very extraordinary write-in campaign,
so she doesn't really facemuch political pressure
from either party, and her next election,
if she decides to run, is pretty far away.
Then there's Senator Jeff Flake.
He's retiring after this,
so this was one of hislast hurrahs as a senator.
And then Senator Susan Collins.
She is up for re-election in 2020.
She decided to vote in favor
of confirming Justice Kavanaugh.
And while she has not announced
whether she will run again yet,
there was just a veryunusual online campaign
that raised over $3.5 million,
and said if she votedno on Judge Kavanaugh,
that they would not doanything with that money,
and if she voted tosupport him, which she did,
they will now pledge that $3.5 million
to whoever decides to run against her.
We don't know yet who that will be
so that could be troublesome for her.
And then there is Senator Joe Manchin,
who is kind of in a league of his own.
He is the only Democrat who voted
to confirm Justice Kavanaugh,
and he is also the only one of those four
who is up for re-election next month.
And he is from West Virginia,
which is a state that President Trump won
in a landslide in 2016.
Now the last poll thatI saw on October 3rd
for West Virginia, it had Senator Manchin
leading by 12 points over his opponent,
State Attorney General Patrick Morrisey,
and so we'll see how justthe effect in the state
from his vote.
Now we know that Democrats,
a lot of the base of the Democrats,
are not happy with his decision,
but we'll see what effectthat has on the moderates
and the independent voters in the state.
And he's in a tough spot
because, while Republicans appreciate
his support of Justice Kavanaugh,
they're still campaigning against him,
and they want to see aRepublican fill that seat,
so we'll see what happens.
- All right, AbigailRobertson on the Hill.
Thank you very much.
- Well as you justheard Abigail point out,
in the run up to the confirmation vote,
Senator Susan Collinswas one of the lawmakers
many were watching.
Even before the sexualassault allegations,
it wasn't clear where shestood with her support
or whether she was not goingto support Justice Kavanaugh.
The senator from Maine isa pro-choice Republican,
so the issue of abortion,
specifically theoverturning of Roe v. Wade,
was one she was greatlyconsidering in her decision.
And she explained on CNN on Sunday
why she doesn't think thelaw will be overturned
just because Kavanaughsits on the high court.
- I do not believe that Brett Kavanaugh
- [Interviewer] Precedentsare overturned all the time.
- They aren't overturned all the time.
- More than--- And listen to the standards
that he put forth inhis conversation with me
and also in the hearing.
He says for a precedent, along established precedent
like Roe to be overturned,
it would have to havebeen grievously wrong
and deeply inconsistent.
- Collins added she knows she'll face
some political backlashfor voting in favor
of Kavanaugh's confirmation,
but she said she had to dowhat she believes is right.
- Kelly Shackelford isthe President and CEO
of First Liberty Institute,
the largest legal firmexclusively dedicated
to protecting religious freedom in America
and he joins us now.
Kelly, thanks for being here.
- Oh, thanks for having me on.
- Well, Kelly, a big issueof course for many Christians
is the issue of life.
With Kavanaugh's confirmation,do you think the country
could actually see Roe v. Wade overturned?
- Well, I think JusticeKavanaugh, as we call him now,
is known to be a very conservative jurist,
and by that, I don't mean politically.
I mean he's not somebody
who's looking to be anactivist on the court.
Unfortunately, in thepast, we've had some people
being appointed as judgesthat think they're politicians
and they're supposed to be activists.
So he's just gonna deal withthe cases that come before him.
I do think, though, when thosecases do come before him,
whether it's on abortionor on the First Amendment
or on religious freedom or these issues,
you're gonna see him followthe letter of the law
and the Constitution.
So he is not somebodywho's going to read things
into the Constitution or make things up,
so I think for those whothink that Roe v. Wade
was wrongly decided, that's a good sign
because I think that, overtime, as those cases do come up,
I would guess that Justice Kavanaugh
is gonna be looking at the Constitution
and not what people want him to do.
He's gonna try to stay very faithful
to what the Constitution says.
- And we've heard him say thatRoe v. Wade is settled law.
For those who don't understand,explain what that means
and how could it affect this ruling?
- It means that there arecases, a number of cases already
on the issue of Roe v.Wade and, therefore,
it's considered settled law by judges.
For instance, as a lower court judge,
he always had to follow Roe v. Wade
whether he agreed with it or not
because it was settled precedent.
I do think that most scholars,
whether the left or the right,have looked at Roe v. Wade
as really kind ofembarrassing intellectually,
and so it's something that is not exactly
the highest of judicial quality.
And so I think that, over time,
they've been paring backsome of those things,
but it's still the law of the land
as far as the Supreme Court says
and we'll see if thatchanges in the future
as we get more, I think, conservative
and originalist judges on the court.
My prediction would be thatRoe v. Wade will not be here
in the future because it's just bad law.
If people want to passthose laws in their states,
then the democraticprocess could go into play.
They can have that debate.
But we really shouldn't havejudges sort of making up things
that aren't in the Constitution
and taking those issues outof the democratic process.
That's not what judges are supposed to do,
so I think long-term, whetherit's now or another Justice
or in the future, these types of opinions
that are somewhat madeup and not really based
on the words of the Constitution
usually are not gonna last.
- And Kelly, as we know,President Trump's really reshaping
the judiciary with two successfulSupreme Court nominations
and the appointment of a record-setting
26 circuit court judges.
How consequential is this?
And do you think President Trump
will be able to maintain this pace
when it comes to the judiciary?
- Yeah, it's very consequential.
And if you look at what's happening now,
I think most people werefocused on Justice Kavanaugh,
but if people care aboutall of these other judges,
which we do, they really need to be
contacting their senator now.
I know at FirstLiberty.org,we have the maps
that show how many judgeshave gotten through.
When you actually look atall the federal judges,
we've already gotten 68who have been confirmed,
but there's another 141 seats
that are in the process of being filled
and these are lifetime appointments.
And people need to understand that,
of the like 400,000 casesevery year in federal court,
only 80 of those makeit to the Supreme Court,
so the vast, vast percentage
are gonna be decidedby these other judges.
So we really need excellentjudges who are humble,
who don't try to push their own agenda,
but are simply trying to makesure the law is followed,
and that's really what we'regetting with President Trump.
The nominees are themost excellent choices
I've ever seen, and I'vebeen doing this a long time.
And as a guy who, our group,all we do is religious freedom,
we really want judges and justices
who are gonna follow the First Amendment
and protect religious freedom,
and we've been really pleased
by the quality of the nominees we've seen.
On the Supreme Court and all the way down,
they've been people who really are, again,
for the vast majority of them,
solid, committed to the Constitution,
and will be great atdefending the First Amendment
and religious freedom.
- Thank you so much for your time.
- Thank you too, Jenna.
- Joining us now is CBNChief Political Analyst
David, the administration, President Trump
has to be riding high.
How much of a big win isthis for President Trump
and the entire Trump administration?
- Well, it is huge, guys,for a couple of reasons.
One, yeah, Kavanauogh is confirmed.
That's obviously a big deal.
But beyond all of that, it'sshows political fortitude.
It's a booster shot, if youwill, bit of a vaccine shot
for not just this administration,
but for this Republican party.
And honestly, for the base as well.
I think everybody's pretty energized.
And they hope, they beingthe Trump administration
and the Republican party,hopes it translates
into midterm election enthusiasm,
and I think that's the doublebooster shot, if you will,
and I think that's whyeverybody's so encouraged.
- You know, David, Democratsare talking about impeachment
if they have a big turnout
and wins this fall in the midterms.
President Trump, he was talking about that
just a little bit earlier today.
Let's go ahead and listen to this
and then get your reaction.
- Now they're thinking aboutimpeaching a brilliant jurist,
a man that did nothing wrong,
a man that was caught up in a hoax
that was set up by the Democrats
using the Democrats' lawyers,
and now they want to impeach him.
I've heard this from many people.
I think it's an insultto the American public.
- So David, do you thinkthere is the potential
for an impeachment?
- So here's the answer to that.
Yes, there's the potential,
but it's a potentialthat's in a very small font
and here's why.
Let me back up and say
Donald Trump clearly isgonna be talking about this
on the campaign trailgoing up to the midterms
and it's a big enthusiasm selling point
for the Republican base tosay hey look, this isn't over,
they could impeach Kavanaugh.
And so that will helpmidterm election turnout
on the Republican side.
The Democrats obviously aren't
gonna really want totalk about this too much.
Maybe they will in more ofthose liberal chat rooms,
but they're not gonna want tomake this a big talking point
on many of the mainstreammedia network shows.
Now, here's the thing.
Can it happen?
Well, technically, itcan, but it probably won't
and here's why.
Because the way you impeacha Supreme Court Justice
is the exact same wayyou impeach a President.
You obviously need toimpeach them in the House,
which could be done ifDemocrats take control,
but then you get to the Senate,
and even if Democrats takecontrol of the Senate,
it's not gonna be anywherenear the two-thirds majority,
67 senators, obviously,that they're gonna need
to actually impeach aSupreme Court Justice.
So could they technicallyimpeach him in the House?
Yes, but would he finallyget convicted in the Senate?
Not really a chance at all.
- Tough hill to climb.
David, there has, ofcourse, been a lot of talk
about how the Kavanaughconfirmation has energized voters
ahead of the midterm elections,
with both parties predictinghuge voter turnout.
What's your sense?
Is there greater enthusiasmon one side versus the other?
- 100%, and John and Jenna,we've been talking about this
on Faith Nation, and let's be honest,
as we pat ourselves on the back,
we've been talking about this
before anybody elsewas talking about this.
We said that there was gonna be a revolt
against the Democratsfor their dirty tricks,
and apparently, it's nowstarting to play out.
Why do I say that?
Ask Heidi Heitkamp.
She's down seven, eight, nine points now.
We've also seen Joe Manchinvote yes on Kavanaugh.
Well because, in WestVirginia, more than 30%,
plus 30, want Kavanaughconfirmed in West Virginia
and, of course, Joe Manchindecided to, shocker,
listen to the people,
which is what you're supposed to do
as a representative in the Senate.
So yes, there is goingto be some repercussions
for especially red state Democrats
who didn't vote for Kavanaugh.
Let's watch Joe Donnelly inIndiana, what happens there.
Let's watch Claire McCaskillof Missouri as well.
- David, of course thePresident's all important base,
the evangelical vote, turned out for him
in record numbers in 2016.
Do you think this fired them up?
Do you think evangelicalswill turn out this fall
like they did in 2016 givenall that we've seen take place
in these last few weeks?
- I think they're gonna show up big time.
I'm still not convincedit's gonna be 2016 levels
and the reason for that isbecause Donald Trump, okay,
I'm gonna say it, DonaldTrump technically,
and that's the key word,technically is not on the ballot,
but as he's gone around andtalked about it recently,
he says he is on the ballot.
Well, yeah, he is and we've talked about
how he is on the ballot,
but the truth is he's not on the ballot.
And what do I mean by that?
Well, look, I mean with Joe Donnelly's
going up against the Republican
or Claire McCaskill's goingup against the Republican,
they're not going up against Donald Trump.
And so I think the enthusiasmwill not be at 2016 levels,
but if it is just a shy under that,
that could still do thetrick for the Republicans,
so I think it's gonna be anywhere
from pedestrian evangelicalturnout to 2016 levels,
and if it's somewhere inthe middle, that's good,
but it probably needsto be a little bit north
of that middle ground.
It probably needs to be close to 2016,
but it doesn't have to be right at 2016.
- David, over the weekend,
when Justice Kavanaugh was sworn in,
Justices Kagan and Ginsburg were present
along with Alito and Justice Thomas.
That was a nice bookmark in a moment
that's been so polarized for this nation.
Is the country in danger of witnessing
Washington reach a point wherethey can't get anything done
because bipartisanship is lost?
- Yeah, I think we'rein real danger of that
and we've talked about this for a while.
I mean this has been the case,
we've kind of beenslouching toward Gomorrah,
as Robert Bork would say inhis famous book decades ago,
that we'd have kind of a slouching
towards this politicalclimate, and here we are.
It kind of all came full throttle
when Brett Kavanaugh was infront of the Judiciary Committee
that second time, it all came out.
And let's remember, RuthBader Ginsburg also,
as she's called RBG, I mean it's so hip.
But anyhow, she calledDonald Trump a faker.
So look, I mean everybody'stalking about Judge Kavanaugh
and how he was partisan in his hearing.
Ruth Bader Ginsburg's come out
and called Donald Trump a faker,
so look, it is plain on bothsides of the political aisle.
I truly believe, a lotof folks are gonna say
this is now a John Roberts court
'cause he's the top guyat the Supreme Court
and also because he'ssupposedly the new swing vote.
I don't know about that.
I think this is the Kavanaugh court.
I think this court willbe seen as how he votes
and what that means for policygoing forward in America.
- All right, David Brody,thank you very much.
- Thanks, guys.
- [John] The Secretary ofState heads to North Korea.
When we come back, we'll take a look
at the biggest takeaways fromhis meeting with Kim Jong Un.
- Secretary of State Mike Pompeo
was returning from North Korea
with news Kim Jong Un may be ready
to allow international inspection
of a key nuclear testing site.
- That's right, Jenna, butthere are still questions
whether this will really happen
or if it's another stalling tactic.
CBN News National Security Correspondent
Erik Rosales has more.
- Well, John and Jenna,those are the major questions
that Americans want answered.
It is promising, though,that Secretary Pompeo
called the trip very productive.
He also mentioned a second summit
between President Trump and Kim Jong Un
is very likely to happen.
The meeting between Pompeo andKim lasted about two hours.
Afterward, the Secretary of State tweeted
had a good trip to Pyongyangto meet with Chairman Kim,
and added the leaderscontinue to make progress
on agreement made at Singapore Summit.
That was followed by PresidentTrump's positive note.
Progress made on SingaporeSummit agreements.
I look forward to seeing Chairman Kim
again in the near future.
But other parts of Asiastill have concerns.
Prior to the visit, Pompeoassured Japan's foreign minister
that his country's interestswould also be addressed.
- As I travel to Pyongyang
to make sure that we're fully in sync
with respect to missileprograms, the CBW program,
we will bring up the issueof the abductees as well.
- [Erik] State Departmentofficials said over the weekend
the Secretary and Kim agreedto instruct their teams
to meet soon and thatKim invited inspectors
to visit the Punggye-ri nuclear test site
to confirm it had been dismantled.
DC experts in foreign relations say,
with 90% of North Korea'sexports going through China,
Beijing is the one who'sreally calling the shots.
China will soon face newinvestment restrictions
and new taxes on billionsof Chinese imports,
so the pressure is on.
- China is not going to backmaximum pressure anymore.
In fact, they're gonna useit as a bargaining chip
in this whole process.
So if President Trump
is going to strike a deal on North Korea,
this is when he's goingto get the best terms.
Anytime after that, it'sgoing to get a lot harder.
- [Erik] On the CBN Newsprogram, The Global Lane,
Harry Kazianis with the Centerfor the National Interest
told Gary Lane how China can circumvent
US economic sanctions against Kim.
- Almost all of the oilthat goes into North Korea
comes from one pipeline, comes from China,
and that's 90% of North Korea's oil.
All that China has todo is open up the taps
and maximum pressure is toast.
- You may recall, just last week,
Vice President Mike Pencesignaled a Cold War with China,
accusing the Chinese government
of orchestrating anaggressive military, economic,
and political campaignto expand its influence
inside the United States.
So most experts agree thatit's still a long road ahead
to get nuclear weapons outof the Korean peninsula.
- Yeah, Erik, after the Vice President
leveled those accusations against China,
how did the meeting go?
- Well, it was pretty predictable
from the Chinese foreign minister.
He actually said that...
At first, he said hedenied the whole thing
and that it's all madeup by the United States.
But then he actually said
that the United States is simply jealous,
envious of what ourcountry is doing right now.
But the one thing thathe did fail to mention
is the human atrocitiesthat are taking place,
in particular, against Christians.
- Erik, real quick question for you.
Let's talk about Chinaand the role they play.
Do you think North Korea
will get rid of their nuclear supply
without pressure from China?
- No, the experts that I talked to
say that we need China's support,
we need the pressure put on tothem, put on to North Korea,
because 90% of all exportsactually do go through China.
So China is kind of the one
who's the puppet masterright now and that's why,
while Vice PresidentPence is playing bad cop,
Mike Pompeo can play the good cop.
- All right.
- National Security CorrespondentErik Rosales, thank you.
- Thanks, Erik.- Thanks, guys.
- Well the role of the church
in the upcoming midterm elections.
(light dramatic music)
The Kavanaugh confirmationcould most definitely
bring about more voters innext month's midterm elections.
A new CBS News/YouGov poll
shows, in four stateswith big Senate races,
more than 50% of voters aremore motivated to hit the polls
because of this confirmation process.
In Texas, where Ted Cruzis facing a close race
with challenger BetoO'Rourke, 73% of Republicans
say they are more likelyto vote in the midterms
due to Kavanaugh.
Only 60% of Democrats say the same.
- Well, Jenna, some political observers
say the upcoming Novembermidterm elections
is one of the most consequentialvotes in US history.
- Chris Mitchell explainswhy two top Christian leaders
say they think prayerand action are the keys.
- [Chris] On November6th, Americans will decide
the makeup of the House of Representatives
and the Senate for the next two years.
Christian leaders CindyJacobs and Lance Wallnau
told CBN News the churchcan play a vital role
in those elections.
- I think that we need to pray
that God will raise up righteous leaders.
We're at a tipping point for the nation
and I believe that, if wedo not vote righteously,
then we're going to see somethings start to unravel.
So as intercessors, wewant to pray, pray, pray
that God will be exalted.
- [Chris] Wallnau sees freedom on the line
and a time to act.
- We need to mobilize in our country
so that we are actually able to occupy
the spaces where we have freedom
and push back on havingthose freedoms taken away.
And most Christiansdon't want to mobilize.
They don't want to be activists.
But the book of Acts is about acts.
That's the root of activism.
You've got to get engaged.
- [Chris] Jacobs is mobilizinga 40-day prayer event.
- One thing we're doing is,
there's a group of prayer networks
that we have all banded together
and we have somethingcalled Pray in Unity.
- [Chris] The website, prayinunity.org,
provides prayer guidesbeginning September 28th
through Election Day.
- You can sign up,prayer walk your street,
or find a prayer group atyour church, but please pray.
Pray for your family, butalways pray beyond your family
because your family will suffer
under unrighteous administrations
if you don't pray for the nation.
- [Chris] They both agreeprayer is a big step
followed by actually voting.
- We have to pray, but wehave to mobilize and vote,
and I think that sometimes,
we think that the prayer is a substitute
for the corresponding action,
and you can't hire someoneelse to do your civic duty.
You've got to vote for the congressman
that's in your district.
You can vote for thesenator in your state.
These are elections right now
where you have directauthority in your territory.
And so this is whereChristians have to show up
in their own territory.
- You know, voting is spiritual.
Voting is actually a spiritual act
because we're calledto steward our nations
and we're called to disciple our nations.
So if we vote, then wewill get righteous leaders.
- [Chris] Chris Mitchell,CBN News, Jerusalem.
- Yeah, civic duty.
Can you believe, John, just29 days until Election Day.
It's gonna be a nailbiter.
- Time is moving fast.
I did like what she saidabout voting being spiritual.
I think it's an important reminder
how prayer can not only affect the nation,
but affect history.
Well, that's gonna do itfor tonight's Faith Nation.
- Have a great evening.