Replacing Kennedy: The Finalists

Michael Smerconish goes over the president's top nominees to replace retiring Justice Anthony Kennedy. What's really at stake?

Posted: Jul 8, 2018 5:52 PM
Updated: Jul 8, 2018 6:11 PM

While we don't yet know the identity of Donald Trump's nominee to the US Supreme Court, media reports are clear that the front runners are alarmingly more conservative than outgoing Justice Anthony Kennedy. That is, alarming to those who don't want to see Roe v. Wade overturned, depriving women of the right to control their own bodies, and the reversal of Obergefell v. Hodges, which recognized same-sex marriage. And it's no exaggeration to say both of those rights are in peril depending on the views of the justice who replaces Kennedy.

For those like me who are gravely concerned about this possible development, the best chance we will have to get a sense of the nominee's views on these issues will be during the Senate confirmation hearings. However, as history has taught us, the nominees are well-coached to be evasive. We saw an example of this just last year with then-Supreme Court nominee Neil Gorsuch. When pressed by Senate Democrats regarding his views on whether he would vote to overturn Roe, he offered only vague answers -- such as Roe is the "precedent of the United States Supreme Court," and the "law of the land."

Expect the same from Trump's nominee this time.

If senators truly want to know who poses a threat to abortion rights and marriage equality, I have some suggested questions. First, ask the nominee if he or she supports or denounces the idea of making the Bible, rather than the Constitution, the supreme law of the land.

Alarmingly, we have leaders like Mike Pence, Mike Huckabee and others openly advocating for basing US laws on the Bible. You can hear it in their arguments to overturn abortion and marriage equality, which are predicated not upon public policy concerns but upon the Bible. If you doubt me, just look at the words of Vice President Mike Pence, a man who told us that he's "a Christian, a conservative and a Republican, in that order." (American didn't even make Pence's top three!)

Pence, as a member of Congress, made an impassioned speech on the House floor against marriage equality. Was his opposition to this based on the US Constitution? No, it was based on the Bible. Pence, invoking Genesis 2:24, stated, "I believe first, though, marriage should be protected because it wasn't our idea. Several millennia ago the words were written that a man should leave his father and mother and cleave to his wife and the two shall become one flesh. It was not our idea; it was God's idea."

Same goes for abortion. If the nominee follows the Biblical interpretation that life begins at conception, as articulated by people like James Dobson and is willing to impose that as the law of America, abortion rights may be left up to each state to decide. (As it stands in Planned Parenthood v. Casey, the most recent ruling on abortion, a woman has full reproductive freedom until the fetus is viable to live outside of the womb.)

And here are a few other questions that senators can ask of the nominee, such as: Do you agree with Thomas Jefferson's view that the Constitution requires "building a wall of separation between Church & State." Or even Ronald Reagan's view that "church and state are, and must remain, separate"?

Conversely, the nominee should be asked if he or she accepts or denounces the views of Christian leaders like the GOP's Mike Huckabee, who has made it crystal clear that he wants our Constitution revised to align with the values of the Bible: "What we need to do is amend the Constitution so it's in God's standards rather than trying to change God's standards so it lines up with some contemporary view."

Those who give their first allegiance to the Bible rather than to the Constitution could be said to support "Christian sharia law."

Remember when the right wing ginned up fears of Muslims Americans by claiming that they wanted to impose Islamic law in the United States, which they describe as sharia law? But there were no Muslim leaders in the US who were advocating that US should be based on the Quran. (If there were, I'd vocally oppose them.)

While there is no official book titled "sharia law," some Muslim majority nations base their state laws on Islamic principles set forth in the Quran. However, this is not an issue in the US. In fact, in a Florida state legislature debate on whether to pass a measure intended to ban Islamic law from that state, the chief GOP state senator championing the bill publicly admitted there were no Muslims pushing to impose Islamic sharia law there, but the legislation was "a preemptive gesture" akin to a "vaccination."

Let me be clear, my opposition to turning the Bible into American law is not because I'm anti-Christian or anti-religion. I'm absolutely unequivocally neither. As a Muslim, my religion and my relationship with God are very important. And I view the Pence's and Huckabee's as representing a small, fringe percentage of the overall Christian American community.

But I strongly believe, as Jefferson did, that we need a wall between church and state. In fact, we need an amendment to the US Constitution barring laws based on any religious text -- be it the Bible, the Quran or any other religious book.

That's why our senators need to press Trump's nominee to see if he or she will reject any attempts to base our laws on the Bible. The United States of America must remain a nation where we have freedom of religion, not a nation where any one religion can be imposed upon us.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 26980

Reported Deaths: 1159
CountyConfirmedDeaths
Hennepin9099657
Ramsey3351149
Stearns205614
Nobles15775
Anoka152779
Dakota144664
Washington70035
Olmsted68911
Rice5243
Kandiyohi5141
Scott4712
Clay44930
Mower4462
Wright3492
Todd3441
Sherburne2492
Carver2402
Benton1853
Steele1700
Freeborn1590
Blue Earth1490
Martin1355
St. Louis11914
Lyon1012
Unassigned9611
Pine930
Nicollet8811
Cottonwood820
Winona8115
Crow Wing815
Watonwan790
Carlton750
Goodhue736
Otter Tail731
Chisago691
Polk632
Itasca5610
Dodge540
Chippewa521
Morrison480
Le Sueur471
Douglas460
Meeker460
Becker440
Jackson420
Murray410
McLeod410
Isanti360
Pennington300
Waseca290
Mille Lacs241
Rock230
Faribault220
Wabasha200
Swift191
Beltrami180
Sibley170
Brown172
Fillmore171
Norman150
Pipestone130
Kanabec121
Aitkin120
Marshall120
Cass112
Big Stone110
Wilkin113
Wadena100
Pope100
Koochiching90
Redwood70
Yellow Medicine70
Renville70
Mahnomen61
Lincoln60
Red Lake40
Traverse40
Grant40
Clearwater30
Houston30
Hubbard30
Lac qui Parle30
Roseau30
Stevens10
Lake10
Kittson10

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 21114

Reported Deaths: 593
CountyConfirmedDeaths
Polk4614140
Woodbury286137
Black Hawk178849
Buena Vista10672
Linn97879
Dallas95226
Marshall91418
Wapello63615
Johnson6198
Muscatine56741
Crawford5512
Tama41129
Scott38510
Dubuque35921
Louisa35011
Pottawattamie31910
Sioux3060
Jasper26917
Wright2210
Washington1968
Warren1671
Plymouth1522
Story1311
Allamakee1204
Mahaska9913
Poweshiek928
Hamilton760
Webster741
Henry732
Boone720
Bremer716
Clarke690
Des Moines681
Taylor660
Clinton651
Guthrie553
Cedar501
Benton431
Cherokee410
Monroe415
Jones370
Shelby370
Osceola360
Jefferson360
Marion350
Dickinson350
Buchanan341
Iowa340
Clayton343
Cerro Gordo331
Madison292
Lee290
Sac280
Davis280
Emmet270
Fayette270
Clay270
Monona260
Harrison260
Hardin240
Lyon240
Winneshiek240
Lucas222
Mills200
Grundy200
Franklin200
Humboldt201
Pocahontas200
Delaware191
Floyd191
Hancock180
Appanoose173
Butler161
Kossuth160
Carroll151
Ida150
Greene150
Keokuk140
Jackson140
Page140
Audubon131
Cass130
Chickasaw130
Howard120
Winnebago110
Calhoun100
Union100
Van Buren90
Adair90
Montgomery92
Adams70
Palo Alto70
Ringgold40
Fremont40
Mitchell40
Worth30
Unassigned20
Wayne10
Decatur10
Rochester
Scattered Clouds
72° wxIcon
Hi: 80° Lo: 61°
Feels Like: 72°
Mason City
Broken Clouds
76° wxIcon
Hi: 82° Lo: 64°
Feels Like: 76°
Albert Lea
Scattered Clouds
75° wxIcon
Hi: 80° Lo: 64°
Feels Like: 75°
Austin
Overcast
75° wxIcon
Hi: 81° Lo: 65°
Feels Like: 75°
Charles City
Broken Clouds
75° wxIcon
Hi: 81° Lo: 62°
Feels Like: 75°
Weekend looks nice
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Chris' PM Weather Forecast 6/5

Image

Gyms, fitness centers set to reopen

Image

Easing restrictions for MN restaurants and gyms

Image

Charles City vigil for George Floyd

Image

Hawkeye Harvest Foodbank partnership

Image

Next phase of Minnesota reopening

Image

Rental Assistance program for Rochester

Image

IA Care Homes Could Reopen to Visitors

Image

'Color Me Mine' Location Closes for Good

Image

Getting Your Fair Food Fix During the Pandemic

Community Events