STREAMING NOW: Watch Now

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 6:47 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

(Widget updates once daily at 8 p.m. ET)

Confirmed Cases: 33068

Reported Deaths: 2068
CountyConfirmedDeaths
Marion9524558
Lake3494175
Cass15897
Allen141966
St. Joseph122134
Hendricks114268
Hamilton113292
Elkhart110128
Johnson1092106
Madison58459
Porter50522
Bartholomew49034
Clark47941
LaPorte42022
Tippecanoe3823
Howard37824
Delaware37636
Jackson3721
Shelby36822
Hancock32727
Floyd31739
Boone30535
Morgan27724
Vanderburgh2592
Montgomery23417
White2308
Decatur22431
Clinton2221
Noble20421
Grant19721
Dubois1903
Harrison18921
Henry16910
Greene16824
Monroe16512
Warrick16528
Dearborn16521
Vigo1538
Lawrence15223
Miami1401
Putnam1357
Jennings1294
Orange12422
Scott1203
Ripley1106
Franklin1098
Kosciusko1011
Carroll933
Daviess8416
Steuben812
Marshall801
Newton7610
Wayne756
Fayette747
Wabash742
LaGrange682
Jasper661
Washington511
Jay490
Fulton471
Clay461
Rush452
Randolph453
Jefferson431
Pulaski410
Whitley383
Owen351
Sullivan341
DeKalb331
Brown331
Starke323
Perry280
Wells270
Benton260
Huntington262
Knox250
Tipton241
Crawford230
Blackford222
Parke190
Spencer191
Switzerland190
Fountain182
Posey160
Gibson142
Adams131
Ohio130
Warren121
Vermillion100
Martin90
Union80
Pike60
Unassigned0161

Illinois Coronavirus Cases

(Widget updates once daily at 7 p.m. CT)

Confirmed Cases: 115833

Reported Deaths: 5186
CountyConfirmedDeaths
Cook753063519
Lake7933281
DuPage7460350
Kane6083167
Will5356268
Winnebago209153
McHenry148870
St. Clair105077
Kankakee83644
Kendall75119
Rock Island63923
Champaign5957
Madison54557
Boone42416
DeKalb3704
Sangamon34328
Randolph2674
Jackson25610
McLean21613
Ogle2002
Stephenson1992
Macon19219
Peoria1918
Out of IL1831
Clinton18017
Union1519
Unassigned1490
LaSalle14113
Whiteside13412
Iroquois1314
Coles12313
Warren1130
Jefferson10116
Knox960
Grundy952
Monroe9311
McDonough847
Lee791
Tazewell704
Cass690
Henry670
Williamson602
Marion500
Jasper457
Adams441
Macoupin442
Perry410
Pulaski410
Montgomery391
Vermilion381
Morgan341
Christian334
Jo Daviess320
Livingston322
Douglas260
Fayette203
Ford201
Jersey201
Menard190
Mason180
Washington180
Woodford182
Hancock160
Mercer160
Shelby161
Bureau151
Carroll142
Bond121
Franklin120
Piatt120
Schuyler120
Clark110
Crawford110
Fulton110
Brown100
Cumberland100
Logan100
Moultrie100
Wayne91
Alexander80
Henderson80
Johnson70
Massac70
Saline70
Effingham61
Greene50
Marshall50
De Witt40
Lawrence40
Richland30
Stark30
Clay20
Edwards20
Gallatin20
Hamilton20
Wabash20
White20
Calhoun10
Hardin10
Pike10
Pope10
Putnam10
Edgar00
Terre Haute
Broken Clouds
79° wxIcon
Hi: 78° Lo: 55°
Feels Like: 79°
Robinson
Scattered Clouds
78° wxIcon
Hi: 78° Lo: 54°
Feels Like: 79°
Indianapolis
Scattered Clouds
77° wxIcon
Hi: 75° Lo: 55°
Feels Like: 78°
Rockville
Scattered Clouds
73° wxIcon
Hi: 78° Lo: 54°
Feels Like: 73°
Casey
Few Clouds
75° wxIcon
Hi: 77° Lo: 54°
Feels Like: 75°
Brazil
Broken Clouds
79° wxIcon
Hi: 77° Lo: 54°
Feels Like: 79°
Marshall
Broken Clouds
79° wxIcon
Hi: 80° Lo: 55°
Feels Like: 79°
Cooling off, B-E-A-utiful weekend ahead!
WTHI Planner
WTHI Temps
WTHI Radar

WTHI Events