Today, Supreme Court Justice Anthony Kennedy, 81, announces his retirement from the Supreme Court. He is the longest serving current justice on the court and one of the most influential men in American history. In this episode of the Glenn Beck Program, host Glenn Beck talks about Kennedy's life and career, and the impact he had on the culture of the country.
00:00:01.940Retiring Supreme Court Justice Anthony Kennedy, 81 years old and the longest-serving current justice on the court.
00:00:09.680President Reagan was the one who nominated Kennedy to the Supreme Court in 1988.
00:00:14.960He was a compromise choice for Reagan after the Senate rejected his first choice, which was Robert Bork.
00:00:22.960I remember driving across the country. I was just about to start at KOY in Phoenix, Arizona, and I listened to those hearings on the radio and could not believe the way they were treating Robert Bork.
00:00:37.520So it was a compromise, and it had huge ramifications as Kennedy developed a track record as the swing vote in many Supreme Court decisions, including the decision on same-sex marriage and votes that upheld Roe v. Wade.
00:00:51.720Now, he was not a constitutionalist. I think he was actually trying to do the right thing, but because it was just him trying to find a way to do what he felt was right, he screwed things up.
00:01:09.220He voted on several pivotal cases. Many on the right are giddy that he is leaving the court.
00:01:16.180But before conservatives throw too much confetti about his departure, it is worth noting that he also sided with the majority on two decisions just this last month that have far-reaching impact for people of faith.
00:01:30.160The first was the Masterpiece Cake Shop decision.
00:01:34.400The second was the National Institute of Family and Life Advocates v. the California Attorney General.
00:01:42.240In that decision, the court wisely struck down a California law that requires pro-life pregnancy centers to post signs in prominent places informing women that California offers a low-cost or, in some cases, free abortion.
00:02:40.900The California legislature has included in its official history the congratulatory statement that the act, the law requiring pro-life clinics to advertise for abortions, was part of California's legacy of forward thinking.
00:02:58.520But it is not forward thinking to force individuals to be an instrument for fostering public adherence to an ideological point of view that they find unacceptable.
00:04:16.420What he's saying here is if you're forward thinking, if you believe in progress and making things better, the most progressive thing any American can do at this point is to know and defend the Bill of Rights.
00:04:34.200Because not just your liberty depends on it, but everyone's liberty depends on it.
00:05:24.620Kelly Shackelford, he is the president and CEO of First Liberty Institute.
00:05:28.660And this is an organization that has dedicated themselves to protecting religious freedom for all Americans and win most of their cases, really make a great impact for the First Amendment.
00:05:52.260I, you know, as I was looking at Justice Kennedy, would you say that it is fair that sometimes he comes up with the with the right rulings, but not for the right reasons?
00:06:08.720He's he he's he's he's looking for that constitutional justice, but he's not finding it by using the Constitution.
00:06:54.440The he ended yesterday, you know, on the right side on the you know, you can't force people to pay a union dues to express things that they don't agree with.
00:07:35.640And then obviously people were very critical of him on the conservative side on the abortion decisions and on same sex marriage and on some other opinions that you go down.
00:07:47.160And they would, you know, sometimes liberals are criticizing, sometimes conservatives.
00:08:05.760And, for instance, one of the reasons why I looked at Kennedy and looked at some of his more controversial, at least for conservatives, for instance, his vote on gay marriage.
00:08:17.660I'm a libertarian and a constitutionalist.
00:08:20.320I don't believe that the government, the federal government, has any place in anybody's marriage, not mine, not anybody's marriage.
00:08:28.080And so I would be for gay marriage only because I don't think the I don't think the federal government has any business doing any of that.
00:08:38.320Should we shouldn't we be looking for constitutionalists when it comes to the Supreme Court?
00:08:58.780And, you know, he got criticized recently on an immigration decision, and people weren't looking at what he was saying in the decision.
00:09:07.240The decision, it was about a crime and whether you send somebody back.
00:09:11.580And his opinion might have been, you know, if you looked at results, it was somewhat supportive of this criminal person and not sending them back.
00:09:22.620But if you looked at his reasoning, he said, this thing is ambiguous.
00:09:26.920The way the Congress wrote this statute, you cannot tell which meaning to apply.
00:09:33.860And so, therefore, rather than me as a judge determine that, which is inappropriate, I'm saying this is something Congress has to fix.
00:10:51.700There are there are so many good people on the list.
00:10:55.660And I'll say this, Glenn, and I think you would probably agree with me.
00:11:01.460There's two things I think that we do know.
00:11:03.960I think, number one, the odds are, if you look at his track record, the president's track record, and I'm not just talking about Gorsuch, I mean, all the lower court judges.
00:11:14.400And that's something we've been working at.
00:11:16.160I mean, you know, there are people that work at First Liberty who have been nominated by the president, for instance, to be federal judges for life.
00:11:23.420I mean, the types of people he is appointing, these are solid constitutionalists who will never waver.
00:11:30.380And that's what we've seen, not just with Gorsuch, but all the lower courts, the courts of appeals.
00:11:34.760I think the odds are huge that the president will pick somebody who's really solid, and that's certainly what we're all hoping for.
00:11:41.360And I think the second thing we know is whoever he picks, no matter who they are, they will be attacked just horrendously.
00:11:48.760It reminds me of last time when all the liberals were sort of standing out on the court steps holding signs when they didn't know who was going to be announced,
00:11:56.320saying bad things about the person and then waiting for their name to be filled in.
00:12:00.080And I think that's how they're going to do this.
00:12:03.500And so whoever it is is going to be the worst person ever to be born as soon as they're nominated.
00:12:08.720And so people need to be ready for that.
00:12:11.100And I think that's unfair and it's unfortunate.
00:12:13.760But, you know, if you look at this list, there are a lot of great, great choices.
00:13:42.400I mean, we've got, like just this week, Glenn, we filed two cases at the Supreme Court.
00:13:47.660One was the coach who got fired for saying a 15 to 20 second silent prayer and going to a knee after the football game.
00:13:55.120The other is a Veterans Memorial that's been up for over 100 years honoring World War I vets that a federal court of appeals said is unconstitutional now because it's a cross and has to be torn down.
00:14:09.120Whoever this justice is is going to affect these cases.
00:14:13.100And, you know, we've got three others sitting.
00:14:14.620We've got five cases now sitting at the court.
00:14:19.240I mean, a lot of these decisions are 5-4.
00:14:21.560This is going to be huge on religious liberty, on the First Amendment, and on a lot of other issues.
00:14:28.680And so, you know, I encourage people to really be in prayer that the president makes a really good choice because this could set the court for, you know, 30 years.
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00:18:42.340So, if there's one name on this list that I would be nervous...
00:18:45.360And also, he finished number two, as you guys pointed out last time.
00:18:49.460He was very oppressive, apparently, in the interview and was very close to getting the nomination last time.
00:18:56.520He's the one name that I'm nervous about on that list right off the top.
00:19:00.840There's a few new names on the list that I don't necessarily know as well.
00:19:05.080But there's a lot of really good names on the list.
00:19:07.040And the people that put this together are super qualified and would not put Hardiman on the list if they thought he was a liberal, like a suitor.
00:19:12.780I don't think that that's the case here.
00:20:20.580Not somebody who you've only located because, you know, some person who was waiting for a bus stood up at the right time and you saw a face on a bench.
00:20:29.460That's not the right way to pick a real estate agent.
00:20:32.020Realestateagentsitrust.com is a network of over 1,200 agents all over America.
00:21:46.160So, well, first of all, let me just start with the Supreme Court.
00:21:50.400Any thoughts on what happened yesterday or what is coming?
00:21:59.200It's monumental and we need to recognize it as such.
00:22:02.360I mean, the complexion of the court, the duration of conservative ideals within the court hangs in the balance.
00:22:09.880And so, Kennedy giving up the seat so that another conservative can be put on board is a big, big deal.
00:22:19.660You concerned at all about the tenor, really, of both sides that, you know, this could be, this could lead us into real civil unrest.
00:22:30.580Just the way we're headed down this road of incivility.
00:22:36.700That's a bigger conundrum that goes well beyond the Supreme Court and goes to just, I mean, the inflection point that we're at as a society and the way that we deal one to the other.
00:22:48.840And that goes to not being allowed to go into a restaurant.
00:22:54.720It goes to, you know, the director of Homeland Security being, in essence, harassed out of a Mexican restaurant here in Washington.
00:23:02.500I mean, it goes to a lot of subtext that is, again, well beyond the scope of even the Supreme Court.
00:23:10.600You were one of the guys in Congress that I think really understood what we're facing and, you know, what this post-modernist or democratic socialist movement is that is headed our way.
00:23:27.360Are the people in Congress even awake to really what's happening?
00:23:30.800Yeah, I mean, you've got a lot of people that are trying hard and focused.
00:23:36.380But what happens is, you know, the busier in life you get, at times the less focused you are.
00:23:43.320And so everybody's just trying to survive their day.
00:23:47.860And at times we can all miss some of the bigger picture that's out there.
00:23:55.940You get a very clear view from the mountaintop.
00:23:58.880It's a little bit murkier when you're in the jungle, in the valley with a machete just trying to make your way through the day.
00:24:08.000And so I would say it's the sin of omission rather than commission.
00:24:14.200I think that when people stop and think about it and say, wait, there's some big trends at play here.
00:24:19.420But there's not a lot of time to do that.
00:24:21.040So now on reflection on the race, what you did in Congress, the stands that you took, et cetera, et cetera, you're not going to change your principles.
00:31:25.500But, you know, they say, you know, I like these parts, Dad, but this part over here I totally disagree with.
00:31:32.120And, you know, the conundrum I was in was to say I support the president in essence 100% on policy.
00:31:38.960But when he says something crazy or when he proposes tariffs that are destructive in terms of, again, the overall American economy,
00:31:48.620or in particular a place like the port in Charleston, I think it's important to speak up.
00:31:52.680And if we don't do that as a Congress, we are tilting the balance of power that the Founding Fathers designed in one direction away from, again, Article 1.
00:32:03.100It's telling that they had us as Article 1 toward Article 2 and what they described with the executive branch.
00:32:08.880I'm talking to Representative Mark Sanford.
00:32:10.320Mark, do you believe that you lost your primary because of Trump tweeting about it?
00:32:18.640No, I think that was just the icing on the cake.
00:32:20.600I think the larger construct of the race, it probably kept me from going in a runoff with only a couple hundred votes,
00:32:26.040and I would end up in a runoff, and I ended up in two in my life and won both of them.
00:32:30.240But I think the larger construct of the race was the problem, and that was are you 100% Trump or not?
00:32:39.000And I don't believe in blind allegiance to anything but the Constitution and to conservative principles.
00:32:45.780And therefore, it is important that, again, I agree with the administration, all and all they've gotten right, and that's a whole lot.
00:32:54.420But it's equally important that I speak out against, for instance, tariffs that I think are going to – I mean, they have the possibility –
00:33:01.420they bring with them the possibility of undermining all the good that's been done on regulatory reform
00:33:08.240and all the good that's been done on tax reform.
00:33:10.560And so, you know, the race became fundamentally about who was more Trump, and that was a race I couldn't win.
00:33:17.120And I think it's telling that my opponent in her acceptance speech said this.
00:33:21.340She said, we are the party of Donald J. Trump.
00:33:26.520And I could not more wholeheartedly disagree.
00:33:29.220The party is made up of the people who've worked in the vineyard for years.
00:33:33.840They've licked stamps, and they've put up yard signs, they've helped put out bumper stickers,
00:33:38.040and all the goofy things that go with building a campaign or a political movement.
00:37:22.680And they're going to be building now space arcs to move to the moon.
00:37:31.900And they believe that they will have 150 million people living on the moon within the next 10 years.
00:37:39.940On a Monday morning in Salzburg, Austria, the crisp air beneath the Austrian Alps, the hills were alive with the sound of Justice Anthony Kennedy.
00:37:55.480As he spoke to a room of 80 students about the unfolding world.
00:38:00.220Here's an 80-year-old man, knowledgeable about the murky future that we all face because of the cyber age.
00:38:10.140Kennedy was a special guest at the Salzburg Academy of Media and Global Change, where lectures focus on the role of populism in global change.
00:38:19.480He said, quote, journalists have to begin to understand we are in a new world.
00:38:26.020Now, the course was he spoke for over an hour.
00:38:28.820He described the unprecedented change that the Internet had brought to the profession and the immeasurable impact that digitalization has played on the fourth pillar.
00:38:39.720He said, quote, the cyber age has tremendous potential, as indicated with Wikipedia.
00:38:46.820But if it bypasses space and time where there is just this obsession with the present, this neglect of our heritage and history, well, then the world will change.
00:39:02.700I think this is the key to our problems.
00:39:55.540If this cyber age bypasses space and time where there's just this obsession with the present, this neglect of our heritage and history, then the world will change.
00:40:08.900I think the problem is too many in academia and in the camps of the Social Democrats are intentionally ignoring or intentionally destroying and distorting our history precisely for that reason.
00:40:26.640I think there are too many people that look at what he said, not as a warning, but as a hopeful promise.
00:42:42.180And I just want everybody just to take a moment to think what a pleasure or a nightmare that would be, depending on your point of view, being stranded in an airport with Bill O'Reilly.
00:50:02.240Because they, they, the far left, believe that the people should not have any say.
00:50:09.060That's the crux of the far left, that the government runs the economy, the health care system, the educational system, the entitlement system.
00:51:10.700Their philosophy of socialism, their philosophy of basically income redistribution, all of these things, Obamacare, come back to the government calls the shots, not the citizens.
00:51:28.180You don't have a right to not have health insurance.
00:51:31.920You don't have a right to basically say, you know what, I don't want to have my tax money paying for abortions because I believe that that's murder.
00:51:44.820I, as a religious person or whatever, and I don't really want my money going into that industry.
00:51:51.680Oh, you don't have that right because the government says we're taking tax money to give to Planned Parenthood.
00:56:11.280I, you know, I made an analogy last night that I won't go into on the News and Why It Matters.
00:56:15.960But I think that Barack Obama was doing the same thing that Donald Trump is doing.
00:56:23.140He was just doing it with, I don't know, more, I don't know, more class, more refinement to where he was, you know, walking around the stage and talking about those tea baggers.
00:56:33.200You know, that's a pretty nasty name to call people.
01:00:06.740And those who believe bakers have to do it, shouldn't they be on the opposite side that they're on right now with Red Hen?
01:00:16.640Well, legally, if you are an owner of a business and you want to deny someone service, you can do that unless the person is a designated minority.
01:00:45.200You know, if you have somebody in there who is causing a ruckus and it's not a criminal offense, it's just somebody who's really hurting your business, you should be able to deny them service and get them out of there.
01:00:58.680So I think the law as it stands is okay.
01:01:00.880So why are so many people who say, hey, bakers have to have the right, you know, to follow their conscience?
01:01:08.180Here's a woman who said, you know, I have moral standards and ethics that we follow in my and she doesn't fit them.
01:01:15.600And she's basically saying, you know, this is my religion and I want her out.
01:01:20.680Why are the people who believe it in one case with wedding cakes so against it in this case?
01:01:26.340Because they don't like Sarah Huckabee Sanders.
01:04:06.200And, you know, when you're quoting somebody like who is absolutely, all right, going to put, and as this goes back to the beginning of our conversation, is absolutely going to try to incite, incite, all right, people to do things they shouldn't do by saying, well, Roe v. Wade is going to be overturned in 18 months.
01:04:52.680And, number two, the Supreme Court is not going to be, even if there is a traditional judge appointed, not going to be so enthusiastic about just blowing up something.
01:05:05.020Something that has been law for a long time and something that half the American people support, at least.