Relatable with Allie Beth Stuckey - July 10, 2018


Ep 18 | Who Is Kavanaugh?


Episode Stats

Length

37 minutes

Words per Minute

177.24861

Word Count

6,647

Sentence Count

409

Misogynist Sentences

9

Hate Speech Sentences

13


Summary

On the heels of President Trump's announcement of Brett Kavanaugh as the next Supreme Court nominee, the reaction from both sides of the aisle and Ken Klukowski's interview with me on the First Liberty Institute, I discuss who Brett is and why he should be on the court.


Transcript

00:00:00.000 What's up, guys? First ever Tuesday podcast. First podcast being videoed for CRTV.com,
00:00:07.080 which is really exciting. As you guys know, Relatable is now going two times a week on
00:00:13.380 Tuesday and on Thursday. This is the first week that that is happening. So I'm really happy about
00:00:19.900 that. And we have a lot to cover today because last night, President Trump chose Kavanaugh as
00:00:25.600 the nominee for the next Supreme Court justice. So I'm going to quickly go through who Kavanaugh is
00:00:32.260 or everything that I know about who he is, the reaction of people on both sides of the aisle.
00:00:38.200 Then I'm going to interview attorney Ken Klukowski from First Liberty Institute. That's an organization
00:00:44.740 that fights for religious liberty. He is going to give us deeper insight into Kavanaugh, how we can
00:00:52.260 expect him to judge and this crazy uphill battle that we're likely going to have over the next
00:00:58.300 few weeks and months. So we'll be getting his expert opinion on all of that. As you can imagine,
00:01:05.200 just like every other day since 2015, liberals and Democrats in Congress are very, very upset.
00:01:12.580 They are mad, mad, mad, mad, mad, saying that Kavanaugh is some right wing ideologue who is going
00:01:20.160 to overturn Roe v. Wade, ruin the environment and constantly side with big business. They have
00:01:26.940 gotten right to their fear mongering. Actually, it happened before he was even nominated. I promise
00:01:33.360 you that Trump could have nominated probably Maxine Waters herself or Mother Teresa incarnate,
00:01:40.200 and they probably would have still been upset. But they are trying to work up the public. So the public,
00:01:45.500 in turn, puts pressure on their senators to vote against Kavanaugh. This is all a political tactic
00:01:50.640 going into the midterms. Like I said, they were upset about the Supreme Court pick before Trump even
00:01:58.160 announced the pick. No matter what, they would have been outraged. They know that the more outrage they
00:02:04.720 can drum up, the better their chances probably are come November. People were protesting with Planned
00:02:12.540 Parenthood signs before the announcement was actually made. Elizabeth Warren, of course,
00:02:17.640 was was ready with all of her talking points to go on MSNBC last night, right after it happened,
00:02:23.800 telling us all just how completely awful this is, how this is just a political decision.
00:02:30.260 Democrats are saying that the only reason that Trump picked Kavanaugh is because in 1998,
00:02:36.480 so a long time, 20 years ago, Kavanaugh wrote that Congress should make a law protecting a sitting
00:02:43.240 president from being indicted. They're saying that he picked Kavanaugh for personal, selfish reasons.
00:02:49.620 That to me is just complete conjecture. And that also assumes that Kavanaugh doesn't have any other
00:02:56.040 qualifications. And that's just not true. I think that Trump picked Kavanaugh because he has a lot
00:03:01.840 of experience. He has spent 12 years on the D.C. Circuit Court. He has a lot of support from
00:03:07.840 conservatives. Now, some people on the right are saying that Kavanaugh hasn't been conservative
00:03:12.720 enough. A lot of people were hoping for Amy Barrett. I was hoping for Amy Barrett, who is
00:03:18.200 outspokenly. I don't want to say she's outspokenly conservative, but she is outspokenly pro-life and she
00:03:24.220 is a textualist and originalist. She's also younger than Kavanaugh, so she would have been on the court
00:03:29.380 for longer. But still, people are saying that there is hope for her once another justice retire
00:03:35.080 or sadly dies. For now, we have Kavanaugh. Ben Shapiro, for example, has outlined his concerns
00:03:43.160 with Kavanaugh. And I am apt to trust Ben Shapiro on these kinds of matters. But most of the conservative
00:03:50.960 analysis I've read is satisfied with Kavanaugh's history of jurisprudence. I'm not going to go through
00:03:57.360 every single disagreement that conservatives have on this because you can easily look it up online.
00:04:03.940 And honestly, the arguers probably do a lot better job of outlining their own positions than I can.
00:04:09.560 But whatever the difference is, I think something that all conservatives, everyone on the right can
00:04:14.300 agree on is that Kavanaugh is a much better pick than anyone Hillary would have picked. Democrats do
00:04:21.740 have reason to be worried, to be concerned. If it was Hillary picking a nominee, Republicans would be
00:04:28.360 doing the same things. In fact, we did do a lot of the same things. We did have a lot of the same
00:04:33.080 concerns when Obama wanted to nominate Merrick Garland to take the place of Scalia. Kavanaugh is part of the
00:04:42.080 Republican establishment in D.C. He worked for Bush during the election recount in 2000. Before that,
00:04:48.480 he worked under Kenneth Starr, the independent counsel that led to or that led the investigation
00:04:54.120 that led to Clinton's impeachment. And it was actually Kavanaugh himself that was the main author
00:04:58.960 of the ultimate Starr report. So you can bet that Hillary Clinton probably wouldn't have nominated
00:05:04.880 Kavanaugh. In 2006, he was hired to the D.C. Circuit of Appeals, where he's been a part of over 300
00:05:11.900 opinions. He has a ton of history, and I think he's only 53. He clerked for Justice Kennedy,
00:05:18.460 who was appointed by Reagan, whom he's obviously replacing now. He worked in the Bush White House
00:05:24.300 for several years and is fully endorsed by the Bush family. George W. Bush sent a letter last night
00:05:30.760 saying that it was a great decision by Trump. Now, his connection, Kavanaugh's connection with the Bush
00:05:36.620 family actually at one point was working against him, according to Trump or in Trump's mind, because
00:05:42.140 Trump doesn't like the Bush's, which, in my opinion, is stupid. But that's neither here nor there.
00:05:48.680 Elizabeth Warren on MSNBC last night called Kavanaugh a political animal, whatever that means.
00:05:55.340 I don't even I don't know what that means, but I highly doubt she knows what that means either,
00:05:59.180 because everyone, especially every woman on the left, is just illogically and well, I won't say
00:06:07.700 illogically because I understand, I guess, from their perspective why they're mad, but overwhelmingly
00:06:12.400 upset because they claim that Kavanaugh is anti-choice. There are two recent cases that lead
00:06:18.780 them to believe this. In 2017, he ruled against providing an abortion to an illegal immigrant
00:06:25.580 teenager because it would make the U.S. government complicit in something it finds morally objectionable,
00:06:31.880 or that's at least the quote that I found. I'm not sure if that's actually a direct quote,
00:06:36.820 because what I've actually heard is that he just thought that it expanded abortion rights to be
00:06:41.980 universal to people that are not citizens of the United States. And he thought that that was
00:06:45.500 too much of an expansion, which makes sense. And in 2015, he said that Barack Obama's contraception
00:06:51.240 mandate infringed on the rights of religious organizations who had objections to providing
00:06:56.760 or covering contraception for their employees, which, duh, that's not a matter of being pro-choice
00:07:02.360 or being pro-life. That's a matter of religious liberty, which, hey, if you like the Constitution,
00:07:07.040 which we know Democrats don't, then you should be an advocate of religious liberty.
00:07:11.920 Kavanaugh has never said, though, in all of that, he's never said that he would overturn Roe v.
00:07:17.460 Wade. Now he's Catholic. He is a family man. He had his two cute daughters on stage with him last
00:07:23.100 night when he was speaking. He is a Republican as far as we know. So I would guess that he is
00:07:29.280 probably pretty pro-life himself, but he has restrained from commenting directly on Roe, which
00:07:35.700 is probably partly why some conservatives think that he's not actually pro-life enough compared to
00:07:40.900 someone like Barrett, who has made her views on abortion clear. But Democrats absolutely feel that
00:07:46.760 Roe was in danger of being overturned. I want you to listen to what Cecile Richards,
00:07:51.760 the CEO of Planned Parenthood, had to say about this on MSNBC last night.
00:07:56.860 And I think one of the things to look at is not only who we're seeing in opposition to this
00:08:01.360 nomination, but I noticed before I came on tonight, Lawrence, that every major national
00:08:06.860 anti-choice organization is popping the champagne tonight, saying this is a huge victory,
00:08:12.400 finally to get a, you know, anti-choice majority on the Supreme Court. So I think it is going to be
00:08:18.520 incredibly important in these hearings to push this judge about where he feels and where he stands on
00:08:23.300 a case that was decided 45 years ago, Roe versus Wade. I mean, that is music to my ears.
00:08:30.080 That's music to my ears. I'm glad she's scared. I am popping champagne bottles. But see, here's the
00:08:35.480 thing. The left does not care at all about the Constitution. They are only concerned with the
00:08:41.060 protection of their political agenda. So you never hear them talk about the constitutionality
00:08:46.300 of Roe v. Wade. You just hear them say, well, you know, it's settled law. It's been around for 45
00:08:51.560 years. Well, yeah. Well, OK. Slavery was also settled law. Segregation was settled law. Women not having a
00:09:01.200 right to vote. That was settled law. Since when is settled law an argument for the legitimacy or the
00:09:08.060 morality of a case. And I think that liberals know that somewhere deep down in their little
00:09:13.700 minds, they know that they know that Roe v. Wade was a poorly decided case. If they thought that it
00:09:19.280 was a rock solid constitutional decision, do you really think that they would be worried? No. But
00:09:24.500 they know that there is no merit, was no merit and still is no merit to say the 14th Amendment's
00:09:30.800 right to privacy protects the murder of an unborn child. So they're scared. This is the number
00:09:37.660 one thing that they are concerned about. They will be walking around, no doubt, in costumes from
00:09:44.300 Handmaid's Tale for the next four months until the midterms convincing women that Kavanaugh hates
00:09:48.840 hates them and is going to take away all of their rights, which is not true in any sense. Number one,
00:09:55.520 you shouldn't have a right to kill someone. So you can jot that down. Number two, Roe v. Wade probably
00:10:01.520 is not going to be overturned. I would I would love for it to be. I mean, you just heard Cecile
00:10:07.120 Richards. It could be. But I think the most that we can hope for is that in its overturning
00:10:13.940 that the the states would just have the freedom to do what they want with abortion if they so choose.
00:10:20.720 If they want to ban abortion, they can. There will still be, unfortunately, a plethora of pro-abortion
00:10:27.600 states where women can just get in their cars and go have an abortion. So the melodrama is really
00:10:33.540 all a show. It is all politicking. It is all a ploy to encourage more outrage against Donald Trump.
00:10:40.680 It doesn't matter that Kavanaugh went to Yale Law School, teaches at Georgetown, at Harvard,
00:10:44.960 at Yale, or that he was hired at Harvard by Justice Kagan, a very liberal justice,
00:10:50.540 or that according to his former classmate, he enjoys the company of a lot of liberal friends
00:10:56.560 and he entertains a lot of different viewpoints in his everyday life. None of this matters because
00:11:00.780 the progressive agenda is at stake. The Constitution be damned. The progressive agenda is at stake.
00:11:06.500 And Kavanaugh is an originalist, according to quite a few people, including J.D. Vance,
00:11:12.020 who is the author of Hillbilly Elegy, who had Kavanaugh as a professor. So yeah, to people who hate the
00:11:18.320 Constitution, Kavanaugh is probably a little bit scary, but I don't really have that much sympathy for
00:11:24.920 people who live in the United States and don't appreciate our founding documents. Forgive me.
00:11:30.500 All in all, is he as conservative as Amy Barrett? Probably not, which could be why Trump picked him.
00:11:37.520 He probably thought it would be easier for him to get through the Senate, which that's that's probably
00:11:42.100 true, I guess. I don't I don't know, though. I don't know if that's true. Like I've said, I have a hard
00:11:48.020 time believing Democrats in the Senate would be OK with anyone Trump nominated. So it's going to be
00:11:54.640 a really fun few months. And by fun, I mean, really annoying, but but also exciting. That's going to
00:12:01.860 give us a lot to talk about. OK, here to dig a little bit deeper is an expert giving his legal
00:12:09.940 opinion. Ken Kulkowski from First Liberty Institute. Ali, thanks for having me. OK, so what do you make
00:12:17.100 of Kavanaugh's nomination? I think that President Trump's selection of Judge Brett Kavanaugh for the
00:12:24.140 U.S. Supreme Court is a solid win for the American people in the Constitution. I think this is promise
00:12:30.240 made, promise kept once again on the part of the president. Judge Kavanaugh has shown over the 12
00:12:37.640 years that he's been on the second highest court of the land, the D.C. Circuit. He's shown how brilliant
00:12:44.060 he is, how eloquent he is. But most importantly, he has shown and he reaffirmed verbally last night
00:12:51.440 in his televised remarks that he believes that the Constitution of the United States must always
00:12:57.380 and only be interpreted according to the original public meaning of its words. And that is that kind
00:13:04.100 of originalism is exactly what the American people should expect and even demand of their Supreme Court
00:13:10.720 justices. And it's what President Trump promised that he would deliver. So there's been a lot of
00:13:16.660 back and forth among conservatives about just how originalist, textualist he actually is. Do you think
00:13:24.440 the concerns from some conservatives that he's not quite enough of a constitutionalist, do you think
00:13:30.760 those are valid or not really? I do not think that they are. I've been reading through all of the
00:13:36.460 decisions. Of course, I've been reading his decisions for, you know, for the better part of
00:13:41.360 a decade. But it's as I've been reading through the decisions that people that certain activists have
00:13:48.060 tried to flag. What about this one? What about that one? In each case, I've seen a judge who is both
00:13:55.340 going as far as he's allowed to, but also has explicitly acknowledged that he is a judge on an inferior
00:14:02.900 court. And as so, he is absolutely 100% subordinate to the Supreme Court of the United States. And if
00:14:10.320 the Supreme Court hands down a liberal precedent, he as an appeals judge has no choice but to follow
00:14:18.620 that precedent. So no, it seems like the only criticisms I've heard from some people, they've
00:14:26.320 been criticizing him for not sort of acting in a as a judicial activist of striking the tone as if he
00:14:33.720 were already on the Supreme Court and defying the court that the Constitution commands him to be
00:14:40.700 subordinate to. So no, I see that as following the rule of the law and the Constitution.
00:14:45.920 Right. Because some people are saying, like, for example, in the case with the illegal immigrant
00:14:50.980 teenage girl who wanted to get an abortion, he ruled how conservatives would want him to rule by
00:14:55.960 saying, you know, we should should not be granting that we would be morally complicit. However, some
00:15:02.460 people are saying that he didn't go far enough in his decision that he didn't say he didn't talk
00:15:08.080 about the damage that Roe v. Wade has done. Do you think that there is any credibility to that
00:15:14.260 criticism? Not only do I not think it's credible, I think it would be improper for him to do so.
00:15:20.760 An inferior court judge. And that's the term that the Constitution use is inferior courts. Inferior
00:15:27.580 court judges do not criticize, should not criticize the U.S. Supreme Court. They are there as their
00:15:34.240 subordinates. You know, you can't criticize your superior officers in the U.S. military. Lower court
00:15:40.620 judges are not supposed to criticize the Supreme Court. He went as far as he could in the pro-life
00:15:46.900 direction under existing Supreme Court precedent. He said that what the ACLU was trying to do in that
00:15:55.800 case, he said, would be a radical expansion of abortion jurisprudence. So, I mean, when you're
00:16:02.200 using words like radical, those are very, very strong words for a judge to use in an opinion.
00:16:08.280 I saw that as a very solidly pro-life decision where he stayed within the bounds of what the
00:16:17.180 Supreme Court gave him no choice on, but made him clear that he was going as much in the pro-life
00:16:22.700 direction as possible. So, no, not only do I not think that he should, not only do I reject the idea
00:16:29.020 that he should have been criticized for that decision, I think he should be praised for that
00:16:33.360 decision because he struck a pretty bold move. You know, a lot of people on the left, for example,
00:16:39.200 Cecile Richards, CEO of Planned Parenthood, she was on MSNBC last night and she was talking about
00:16:49.060 how worried she is about Roe v. Wade being overturned. And she was saying there are at
00:16:54.420 least a dozen cases that are just one decision away from going to the Supreme Court that are related to
00:16:59.220 abortion. And I haven't even heard conservatives say that. So, to me, the fact that people on the
00:17:04.520 left and pro-choice people are so worried about that tells me that Kavanaugh probably has a pretty
00:17:10.760 strong pro-life constitutionalist record. If he didn't, then they wouldn't be so worried about that.
00:17:18.120 But the fact that they are shows me, number one, Kavanaugh is probably not going to rule in the way
00:17:22.660 that people like Planned Parenthood want him to. And then also, it shows me that they believe that
00:17:28.660 Roe v. Wade isn't constitutionally sound. Because if Roe v. Wade was constitutionally sound,
00:17:34.140 they wouldn't be worried about it being overturned, right?
00:17:36.980 Well, I'll tell you, Ali, I think that the idea of overturning Roe v. Wade has been a scare tactic
00:17:42.700 that the left has been using for decades now. The reality is there are nine justices on the Supreme
00:17:48.320 Court. You need five to overrule Roe. There is only one justice on the Supreme Court who is on record
00:17:54.620 saying he would overrule Roe, and that's Clarence Thomas. I'm a pro-life American. I want to see
00:18:00.980 Roe v. Wade overruled. I believe and I hope that one day that's going to happen. I do not think it
00:18:07.220 turns on this Supreme Court appointment. I do not believe that it is likely that Roe will be overturned
00:18:16.300 any time in the near future. What I do believe will happen is that we will see a significant
00:18:24.780 that what I think most Americans, what polls show most Americans see as common sense restrictions
00:18:33.020 on abortion, such as stopping late-term abortions, stopping pain-capable abortions, where after 20
00:18:41.000 weeks an unborn child, their nervous system is formed and they can actually feel the physical
00:18:45.740 agony of being torn apart or burned inside a mother's womb. I mean, just horrible, horrible,
00:18:52.200 barbaric practices. I believe that legislation like that would be upheld in the direction that
00:18:59.840 the Supreme Court is going. And I think the left knows that the vast majority of Americans support
00:19:05.420 those restrictions. And so instead, they try and make it all about overruling Roe, which frankly,
00:19:11.360 I just do not believe turns on this Supreme Court pick. What do you think the possibility is? A lot of
00:19:17.380 people are saying the same thing that you are, and also that it could go to the states. And so
00:19:22.240 obviously, states already have the right to kind of make some of their own regulations on abortion. But
00:19:27.140 would it be possible that a state could absolutely ban abortion if that happens from the Supreme Court?
00:19:34.760 Oh, actually, I should make clear what happens. If Roe v. Wade were overruled, that's what it would do
00:19:41.160 is send the issue completely back to the states. Okay. So there's not a way that Roe v. Wade is not
00:19:48.020 overruled, and it goes to the states only if it was overruled, would all the power go to the states?
00:19:54.900 Only in so far. If Roe is overruled, it doesn't criminalize abortion anywhere. If Roe is overruled,
00:20:01.720 it doesn't create pro-life policy. What Roe did is it took a pure state issue, and it federalized it
00:20:09.240 entirely in the hands of the U.S. Supreme Court. To the extent that the Supreme Court issues pro-life
00:20:16.600 decisions, all they're doing there is handing authority a piece of the time back to the states.
00:20:22.460 Overruling Roe would hand it entirely back to the states. When I speak about the Supreme Court
00:20:28.220 upholding common sense restrictions on abortion, like, again, stopping abortions from pain-capable
00:20:35.800 unborn children, or stopping sex selection abortions, saying that you can have an abortion
00:20:40.620 just because you don't want to have a girl. So if it's a girl baby, you just go ahead.
00:20:44.300 Oh, so that's something that's happened. I mean, I guess, yeah, that's something that would be
00:20:47.900 happening in the United States. If you can get an abortion anywhere, what's stopping someone from
00:20:51.960 just saying, you know, I don't want a girl, so I'm going to get an abortion? I hadn't even
00:20:55.220 thought about that. In fact, it happens. It happens a lot. In some countries, it's a driving
00:21:01.700 force. Right, like China. But in this country, Planned Parenthood has opposed legislation that
00:21:10.400 would say that you can't do that. So I think it shows how radical they are on this issue and NARO and
00:21:15.740 their supporters. Insofar as those would be the kind of restrictions that then a state would be able
00:21:21.540 to pass that I think the new U.S. Supreme Court would uphold. So I think that kind of common sense
00:21:29.220 issue of giving parts of this issue back to the state, not telling states that they have to do it.
00:21:34.720 I'm sure if you live in New York or Massachusetts or California or Illinois, it's still going to be
00:21:40.940 abortion on demand in those states. And even if you live in a state that passes some of these
00:21:45.840 common sense restrictions on abortion, you might have to drive a couple hours to a pro-abortion
00:21:51.660 state next door. But you're still going to be able to get an abortion. Yeah, that's exactly right.
00:21:56.920 You could still, if you live in Indiana, interstate travel is a constitutional right. So you could still
00:22:02.800 drive across state lines to Illinois and get whatever abortion you're trying to get there. So that's why I
00:22:10.020 see this as such a scare tactic from the left where they talk about things that are just
00:22:16.180 counterfactual that are not at all true. It's like they're, I mean, they're basically saying this is
00:22:21.420 the handmaid's tale and that, uh, you know, Christian conservatives, which I am a Christian
00:22:25.580 conservative. I would love, uh, if abortion didn't just go away, but also that women felt like it was
00:22:31.880 unnecessary, that they felt like they had the resources that they need to actually raise the
00:22:36.540 child or put the child up for adoption. And there's so many non-government pro or program or
00:22:41.720 organizations really that are helping that and allowing that to happen. So my dream would be not
00:22:47.340 only that Roe is overturned, that, you know, abortion is banned everywhere, which is probably
00:22:51.040 never going to happen, but also that women don't feel like they need to have an abortion. But you never
00:22:57.180 hear that from Democrats. You never hear, we want to create a world in which this atrocity of
00:23:04.420 abortion is not even thinkable or necessary. It's almost like they celebrate it. And when they're
00:23:10.740 talking about who they want on the Supreme court, you never hear Planned Parenthood or NARAL talk about,
00:23:17.720 you know, we want someone who's going to uphold the constitutionality of Roe v. Wade. We want someone
00:23:23.300 who sticks to the constitution and we believe that Roe v. Wade is going to be held up. They're only
00:23:28.840 talking about someone who is a political activist. And I think that's why they would be so
00:23:34.380 upset by anyone that Trump had nominated because they are only looking for someone that's going to
00:23:40.700 uphold their agenda. That's not what the Supreme court is supposed to do.
00:23:44.160 Well, and, and in this case, uh, again, it's, this is a discussion that we may all end up having
00:23:51.100 five years from now where we may, may end up having 10 years from now, but right now in 2018,
00:23:57.340 you know, the, the left is trying to obscure everything by saying that this is the issue,
00:24:02.780 uh, that they're trying to make this about when again, I'm, I'm persuaded that even though I'm
00:24:07.640 pro-life, that the fate of Roe does not hang in this nomination. Uh, there are so many issues
00:24:13.020 beyond. Yeah. Go ahead. Why, why, why is that? Why do you feel like it doesn't hang on this nomination?
00:24:18.940 Uh, because I'm not confident that we have four votes to overrule Roe right now. Like I said,
00:24:23.960 we only have one on record. We might have two, we might have three. Uh, I I'd be, uh, maybe we have
00:24:30.820 four, but I'd be surprised if we do. And if we're not at four, then this pick doesn't get you to five.
00:24:36.060 Uh, and, um, and again, and that's where I think insofar as abortion is involved at all
00:24:42.160 in this nomination, I think that that's where we're talking about common sense restrictions that
00:24:46.560 the super majority and overwhelming majority of Americans support, but also it is, we're talking
00:24:52.500 about the totality of law, the rule of law in this country. And that's every issue that's religious
00:24:58.680 liberty. That's free speech. That's the free exercise of religion. That's the second amendment.
00:25:04.340 That's the 10th amendment. That's immigration. That's healthcare. That's federal regulation.
00:25:09.420 Right. Uh, that's the size and reach of the federal government. All of that is what's involved
00:25:14.340 here. And what that all turns on is the philosophy by which a justice interprets the U S constitution.
00:25:21.760 And that is the one thing that the critics in this situation do not want to talk about. They don't
00:25:28.800 want to admit that this is a choice about, uh, uh, about someone who says that he believes his role
00:25:34.540 as a justice is to follow the law, the way it's written and to interpret the constitution according
00:25:40.220 to its original meaning and leave all of these issues to the American people to decide for themselves
00:25:46.540 that he understands that the Supreme court is not designed as a super legislator to sit there as a
00:25:52.840 bunch of philosopher Kings dictating to all of us, every aspect of how we're going to live in our life
00:25:58.400 that in, that in our democratic form of government, unelected judges have a small and modest role
00:26:05.620 empowering the people to make most decisions for themselves. And that's what I heard judge Kavanaugh
00:26:10.740 promise that he would do as a justice on the Supreme court. That's what the president promised.
00:26:16.020 And that's what the American people want. At first Liberty, you guys focus on one of the things
00:26:21.800 that you just talked about, which is religious Liberty. Um, I, I know of one case specifically
00:26:26.600 in 2015 where Kavanaugh ruled that, um, you know, uh, Obama's contraception mandate, uh, put undue
00:26:34.460 burden or was unfair, discriminated against religious organizations who didn't want to be forced to
00:26:40.680 provide or cover, uh, contraception for their employees. Um, how do you think that he is going
00:26:46.920 to rule on cases of religious Liberty? I think judge Kavanaugh on the Supreme court is going to be
00:26:52.180 fantastic on religious Liberty. We've seen multiple decisions from him at the DC circuit where they
00:26:58.920 don't even get as many religious Liberty cases. So even without getting that many of them, the ones that
00:27:04.900 he has gotten, he's hitting home runs on, uh, as, uh, as, uh, the case that you referenced there,
00:27:10.740 the priest for life case, uh, that, uh, judge Kavanaugh was clear that, that, that federal law,
00:27:16.880 and even if the federal law were not there, I would say the U S constitution would do it,
00:27:20.540 but that federal law, the religious freedom restoration act, it's, uh, gives people of faith,
00:27:26.620 uh, the right not to participate and become complicit in abortion, that the Obamacare abortion
00:27:34.020 pill mandate was a substantial burden on religious faith and that in that it was illegal under RFRA
00:27:41.880 and under the U S constitution. That was a perfect decision. Uh, another one is Newdow V Roberts.
00:27:47.540 That's where, uh, a militant atheist activist sued to stop John Roberts as chief justice from using the
00:27:55.160 word. So help me God. When he was administering the presidential oath, uh, the, um, uh, the DC circuit
00:28:02.860 ruled against him with, with judge Kavanaugh writing to say, and this is so important because moderate
00:28:10.220 judges could have sided with using those words, but doing so with real weak milquetoast language called
00:28:18.560 ceremonial deism. And, uh, and where you say ceremonial deism is the idea that some things are
00:28:25.000 just hundreds of years old. So you don't really mean them. They don't really have real religious
00:28:29.900 meaning, but we say them as a matter of tradition, they're just antiquated, they're harmless. And so
00:28:36.060 we let them go because everyone knows they don't really matter. He pushed back against that in his
00:28:40.960 decision. He said that prayer is a sacred act that is a profound importance to countless Americans
00:28:47.660 that, that, that, that they regard it as a sacred obligation to ask for God's divine blessing and
00:28:54.260 guidance on what they're seeking to do. And that it's insulting and demeaning to those people to deny
00:29:00.380 that prayers have meaning to deny that those words mean something. He faced it four square and said on
00:29:07.880 the merits that these things are good. These things are right. And the U S constitution, not only does it
00:29:13.540 not forbid them, it affirmatively protects them. And I thought that was a very bold move in favor of
00:29:19.740 religious liberty. And I think it gave us real insight as to what judge Kavanaugh will be like
00:29:24.580 on the U S Supreme court. I think supporters of religious liberty should be a big supporter.
00:29:29.180 Definitely. I, I say that I think, uh, conservatives should be excited, but really it's anyone who cares
00:29:35.720 about the constitution, which unfortunately today seems to be a more political stance to make. It used to be,
00:29:41.700 I think that it was both Democrats and Republicans who cared about the constitution. There were just
00:29:46.360 different kinds of interpretations of, uh, you know, what you thought the constitution meant,
00:29:51.460 whether it was living and breathing or a dead document. Um, now it seems to me, and I don't
00:29:55.980 want to lump all Democrats and liberals into one category, but it does seem to be that if you care
00:30:01.840 about the constitution, you are a conservative. Um, and so I think conservatives and anyone who cares
00:30:07.800 about the constitution should be happy about this picket, it's clear that he's not going to be some
00:30:12.240 judicial activist. He's going to have a restraint, which I think is something that we can all celebrate.
00:30:17.380 Um, but what do you think, this is the last question. What do you think the battle is going
00:30:22.060 to be like over the next few weeks and months? I mean, is it going to go, is it going to go through?
00:30:28.520 I think Democrats are going to try and make this political Armageddon. I think they're going to throw
00:30:33.600 everything, including the kitchen sink at judge Kavanaugh. I think they will slander him. I think
00:30:40.220 they will vilify him. And at the end of the day, I believe he will get all 50 Republican votes. But
00:30:46.020 more than that, I'll tell you the 10 people who should be freaking out the most right now are the
00:30:51.240 10 democratic senators in Trump States right now, because I believe judge Kavanaugh is going to be
00:30:56.420 very popular in those States. And I don't know how those senators, Joe Donnelly in Indiana and Joe
00:31:02.920 Manchin in West Virginia, Heidi Heitkamp in North Dakota, their base will demand that they oppose
00:31:10.020 him, but the swing voters that they need, the moderate voters they need to get reelected will
00:31:15.120 demand that he vote for them. And I'll tell you all of those senators, every, the question they're
00:31:21.480 going to be asked every single day between now and the final confirmation vote is, Hey, Senator
00:31:28.340 McCaskill, are you voting yes or no on judge Kavanaugh? And I don't care if she says, Hey,
00:31:33.900 let's talk about North Korea. Let's talk about education. Let's talk about healthcare. Yeah.
00:31:38.080 They're going to say, Hey, we'll get to all that later. Uh, uh, back to my question. Are you going
00:31:42.280 to vote yes or no on judge Kavanaugh from the Supreme court? This just became the number one issue
00:31:47.740 in the 2018 midterm elections in every Senate race and every red state across the country.
00:31:53.980 And it's an answer. And it's a question where any answer that a democratic incumbent gets
00:31:59.500 is going to alienate hundreds of thousands, if not millions of voters that they need to get
00:32:04.720 reelected. So, you know, I mean, they're having a pretty rough day today.
00:32:08.260 Basically this is going to be, which I guess it always is, but especially right now, since it's,
00:32:13.440 it's game time, we only have a few months until the midterms, it's going to be a PR battle
00:32:17.720 because it's going to be certainly Democrats, uh, putting pressure on the public to call their
00:32:24.180 senators, to pressure their senators to, uh, vote against Kavanaugh. Um, but the right conservatives
00:32:30.600 or anyone who wants Kavanaugh to be, uh, appointed or nominated is going to, uh, is going to have to
00:32:37.360 do the same thing. So it's going to be a PR battle of people on the right saying he's such a great guy.
00:32:42.100 This would be great for the country, no matter which side of the aisle that you're on. And then
00:32:45.320 you're going to have people over on the left saying, oh no, he is going to ruin your life.
00:32:49.260 And this is just another step in Trump's America or, uh, Hitler's America is basically the argument
00:32:54.680 that they're going to make. So it's going to be an uphill climb, but Hey, that's been the case
00:33:00.120 since Trump became president. That's what makes this exciting, right? Oh, this is a fight that I
00:33:05.060 think the president should embrace. It's one that, and that I'm sure he does that he welcomes. Uh,
00:33:10.580 this is not frankly, if Democrats were smart, they would want to get this over
00:33:15.200 in a week. Yes. Instead, this is going to go until right up before the midterm election.
00:33:21.560 It will dominate the airwaves every single day in all of the races between now and then
00:33:26.100 every minute that is spent talking about the Supreme court. This is the number one issue for
00:33:31.840 22% of voters. They went for the president by a margin of 57 to 41. Every minute of airtime spent
00:33:38.760 on this issue is going to pick up voters for Republican challengers to those democratic incumbents
00:33:44.760 and give the president a Senate that he can really work with for the second half of this term.
00:33:50.980 You're I mean, I think that's a, that's a really good point because they're not going to be able
00:33:56.060 to focus on immigration, the things that are going on at the border. They're not going to be able to
00:34:00.480 use tariffs at a talk as a talking point, as long as this is going on, this is really all people
00:34:06.880 are going to care about. So I think that's a really good point that I hadn't thought about. Well,
00:34:11.400 I'm really appreciative of you for giving me all of your insight. That was excellent. And I
00:34:16.460 personally learned a lot. Thank you, Ellie. Thanks for having me. God bless. Yes, you too. Thank you.
00:34:21.620 Okay. So there you have it. Our expert on the matter. Um, we are going to stay up to date as this
00:34:27.700 fight ensues, but to end all of this, I'm going to answer a question that's not related to this.
00:34:33.600 You guys send me questions for the podcast on Instagram all the time. And I really appreciate
00:34:37.560 that. Please continue to, or you can send me an email, Allie at the conservative millennial blog.com.
00:34:42.500 I love getting your guys's questions. I get a lot of them, so I can't answer all of them,
00:34:47.180 but I try to answer, I try to answer a couple every week. Anyway. Um, the question that I got
00:34:54.900 is about how to stand firm and love well in a culture that is antithetical to Christianity.
00:35:01.240 And so I think first we have to define love and the world has a different, has a different
00:35:07.860 definition of love than Christians do. The world will tell you that to love means to fully accept
00:35:13.780 someone's lifestyle choices, no matter what absolute and unconditional tolerance. You're
00:35:19.200 not allowed to tell someone that the way they're living is wrong, even if it hurts them, even if you
00:35:24.080 disagree, um, that is not love by the Christian definition. Now, are we supposed to meet people
00:35:29.020 where they are? Are we supposed to love them, um, without judgment, serve them without judgment?
00:35:36.740 Absolutely. But that doesn't mean that we're not supposed to speak truth. To me, the most loving
00:35:40.940 thing that we can do, at least to someone that, you know, I'm not talking about walking up to someone
00:35:45.260 on the street and telling them that you disagree with their lifestyle, but someone that, you know,
00:35:49.680 a friend that you have is to speak the truth in love is to tell them, is to tell them what God says
00:35:55.620 in his word. I mean, there are so many different cultural, sexual, moral issues today that Christians
00:36:00.560 are not allowed to speak up on because we are going to be labeled bigots. But I think the best
00:36:05.360 thing that we can do is to show the world, not just through our actions and our service, our generosity,
00:36:10.920 our selflessness, our sacrifice, just how loving we are, but also in our willingness and our boldness
00:36:16.180 in speaking truth. Because at the end of the day, yes, sure. People are going to call us bigots
00:36:21.400 for taking a stand on particular unpopular issues. But I think that it's okay if we look a little bit,
00:36:31.480 if we look really weird. I mean, think about Christians throughout the centuries and how
00:36:36.680 they've differed from the rest of the world. I think the danger is when our love in our lives
00:36:41.520 start to look like everyone else's definition of how we should love and how we should live.
00:36:46.500 We're supposed to be different. We're supposed to be on the margins of society. Our love should be
00:36:50.560 sacrificial, but it should also be truth-filled. So that means that we need to have compassion as
00:36:55.820 well as moral clarity. So I hope that makes sense. Anyway, thank you guys so much for listening. This
00:37:01.060 was really fun doing a Tuesday podcast and it's videoed. If you don't already subscribe to CRTV.com
00:37:07.260 and you would wish to see my face while I am talking on this podcast, you should do that. You can use
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00:37:16.800 Leave a nice review if you want to. If you have constructive criticism or suggestions for what
00:37:21.960 we should do for this show, please email me. I love hearing your feedback. Like I said,
00:37:26.500 Allie at the conservative millennial blog.com and have a great day.