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: 766351

Reported Deaths: 13965
CountyCasesDeaths
Marion1052671804
Lake568691028
Allen42858698
St. Joseph37286568
Hamilton37260426
Elkhart29729470
Tippecanoe23441230
Vanderburgh23153404
Porter19568327
Johnson18807391
Hendricks18059321
Madison13518345
Clark13502198
Vigo12817255
LaPorte12558224
Monroe12529178
Delaware11124198
Howard10654237
Kosciusko9751123
Hancock8734149
Bartholomew8256157
Warrick8053157
Floyd8005181
Grant7349181
Wayne7234201
Boone7173105
Morgan6904142
Marshall6329116
Dubois6270118
Cass6085111
Dearborn600078
Noble597890
Henry5944111
Jackson515677
Shelby509897
Lawrence4914127
Gibson461596
Montgomery457592
Clinton454555
DeKalb453685
Harrison452476
Whitley415345
Huntington414081
Steuben410260
Miami405073
Jasper400455
Knox388091
Putnam384662
Wabash368783
Adams352256
Ripley351071
Jefferson341586
White339354
Daviess3089100
Wells302781
Greene292985
Decatur291693
Fayette285864
Posey280935
Scott278758
LaGrange277172
Clay273148
Washington253537
Randolph247583
Jennings238649
Spencer237931
Fountain234850
Starke229959
Owen222259
Sullivan219543
Fulton207845
Jay202832
Carroll197122
Orange190956
Perry189739
Vermillion180044
Rush177327
Tipton172347
Franklin171935
Parke154816
Pike141434
Blackford137832
Pulaski123648
Newton123036
Benton109615
Brown105943
Crawford105516
Martin92515
Warren87715
Switzerland8328
Union73510
Ohio58311
Unassigned0428

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1122647

Reported Deaths: 20467
CountyCasesDeaths
Franklin1302911493
Cuyahoga1171502259
Hamilton823481259
Montgomery534491059
Summit488581014
Lucas43734832
Butler39936614
Stark33800937
Lorain25996509
Warren24896312
Mahoning22685612
Lake21457396
Clermont20368260
Delaware19120138
Licking16842227
Trumbull16786491
Fairfield16762207
Medina15832276
Greene15499254
Clark14339308
Portage13417218
Wood13338201
Allen12043245
Richland11726213
Miami10998228
Wayne9251227
Columbiana9196236
Muskingum9119137
Pickaway8738123
Tuscarawas8714254
Marion8703140
Erie8126166
Ashtabula7272179
Hancock7044134
Ross7012165
Geauga6948153
Scioto6679108
Belmont6210179
Lawrence5917104
Union590449
Jefferson5723162
Huron5630122
Sandusky5482130
Darke5436130
Seneca5376128
Washington5362111
Athens526560
Auglaize507087
Mercer490685
Shelby481297
Knox4609112
Madison447266
Ashland443198
Defiance438499
Fulton435775
Putnam4351104
Crawford4110111
Brown409662
Preble3946107
Logan391679
Clinton389266
Ottawa375581
Highland365068
Williams356478
Champaign348360
Guernsey330254
Jackson321254
Perry298350
Morrow294643
Fayette288250
Hardin279165
Henry276967
Coshocton272561
Holmes2725102
Van Wert251665
Adams249258
Gallia249250
Pike244637
Wyandot235257
Hocking222663
Carroll201249
Paulding179442
Meigs151040
Noble137739
Monroe137545
Harrison115238
Morgan111524
Vinton87217
Unassigned03
Fort Wayne
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Angola
Clear
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Huntington
Partly Cloudy
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Hi: 85° Lo: 62°
Feels Like: 85°
Decatur
Partly Cloudy
84° wxIcon
Hi: 86° Lo: 63°
Feels Like: 87°
Van Wert
Clear
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Feels Like: 84°
It's a steamy Wednesday with scattered showers and thunderstorms arriving Wednesday night.
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