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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 6:49 PM
Updated: Jul 8, 2018 7:11 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.

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 318894

Reported Deaths: 5561
CountyCasesDeaths
Marion43391855
Lake27599462
Allen18363299
Elkhart17474226
St. Joseph17071234
Hamilton13376169
Vanderburgh9839121
Tippecanoe880629
Porter844886
Johnson6556169
Hendricks6267158
Vigo618187
Monroe542850
Clark522877
Madison5153122
Delaware5014103
LaPorte474695
Kosciusko468540
Howard357977
Warrick329872
Floyd324978
Bartholomew323563
Wayne318074
Marshall308146
Cass302631
Grant282050
Noble261546
Hancock260355
Henry252837
Boone248754
Dubois242931
Dearborn222631
Jackson222534
Morgan215543
Knox189720
Shelby189556
Gibson189426
Clinton182121
DeKalb181632
Lawrence179748
Adams171022
Wabash168121
Miami166614
Daviess160144
Steuben150713
Fayette150034
Jasper147413
Montgomery146627
Harrison145524
LaGrange145031
Whitley140814
Ripley138515
Huntington130910
Decatur128243
Wells127930
Putnam127828
White127522
Clay126523
Randolph126121
Posey124116
Jefferson122916
Scott112320
Greene104653
Jay100713
Sullivan99216
Starke94021
Jennings88714
Fulton86419
Spencer8588
Perry83721
Fountain8078
Washington7837
Franklin71327
Carroll69613
Orange69028
Vermillion6444
Owen6317
Tipton58927
Parke5886
Newton56912
Rush5658
Blackford54012
Pike51619
Pulaski41115
Martin3645
Benton3553
Brown3514
Crawford3031
Union2752
Switzerland2605
Warren2542
Ohio2337
Unassigned0266

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 382743

Reported Deaths: 6274
CountyCasesDeaths
Franklin51161671
Cuyahoga37222743
Hamilton30493372
Montgomery20518236
Butler15199148
Lucas14566417
Summit13933327
Stark9193206
Warren841976
Mahoning7530300
Lake710067
Lorain6690106
Clermont593651
Delaware572537
Licking564577
Trumbull5584147
Fairfield554464
Greene538066
Clark5218101
Allen494989
Marion476759
Medina471657
Wood4598107
Miami437568
Pickaway404048
Portage358972
Columbiana357698
Tuscarawas342667
Richland328539
Wayne327394
Mercer296047
Muskingum252510
Hancock245940
Ross244559
Auglaize236435
Darke232560
Erie230268
Putnam229449
Ashtabula228354
Geauga211851
Scioto200616
Union19668
Shelby194017
Lawrence193039
Athens19134
Seneca182919
Belmont170229
Madison163119
Sandusky157729
Preble156521
Huron155519
Defiance144823
Holmes140439
Logan133517
Knox131718
Fulton128726
Jefferson128613
Crawford126817
Washington125227
Ottawa124530
Clinton109115
Williams10799
Ashland107825
Highland103718
Brown10135
Henry101323
Hardin99719
Champaign9825
Van Wert97318
Jackson96212
Fayette92717
Morrow9202
Guernsey89314
Coshocton85215
Perry82912
Adams80313
Pike7661
Gallia76513
Wyandot73217
Paulding66511
Hocking64516
Noble62224
Carroll48810
Meigs39612
Monroe32321
Morgan2685
Vinton2246
Harrison2193
Unassigned00
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