ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal... | TBN

ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal...

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March 8, 2016
25:17

ACLJ This Week with Jay Sekulow

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ACLJ This Week with Jay Sekulow, "Supreme Court Vacancy: Justice Antonin Scal...

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  • [MUSIC]
  • 00:00:00.200 --> 00:00:05.010
  • [ANNOUNCER] LIVE FROM WASHINGTON D.C. JAY SEKULOW
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  • LIVE. PHONE LINES ARE OPEN FOR YOUR QUESTIONS RIGHT NOW.
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  • [MUSIC]
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  • AND NOW, CHIEF COUNSEL FOR THE AMERICAN CENTER FOR LAW
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  • AND JUSTICE, JAY SEKULOW! JAY SEKULOW: WELCOME TO A VERY
  • 00:00:31.030 --> 00:00:34.040
  • SPECIAL BROADCAST EVERYONE. WE'RE GOING TO BE HONORING THE
  • 00:00:34.050 --> 00:00:36.240
  • LEGACY OF JUSTICE ANTONIN SCALIA; SOMEONE THAT I APPEARED
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  • BEFORE FOR A QUARTER OF A CENTURY AT THE SUPREME COURT OF
  • 00:00:41.020 --> 00:00:44.000
  • THE UNITED STATES. HE WAS A CONSERVATIVE LION. HE BROUGHT
  • 00:00:44.010 --> 00:00:47.010
  • BACK CONSERVATIVE JURISPRUDENCE TO THE SUPREME COURT AND HE WILL
  • 00:00:47.020 --> 00:00:51.240
  • BE GREATLY MISSED. THE COURT IS GOING TO BE IN CHAOS IN A SENSE
  • 00:00:51.250 --> 00:00:56.200
  • BECAUSE SO MANY OF THE BIG CASES COMING UP ARE GOING TO BE
  • 00:00:56.210 --> 00:00:59.170
  • IMPACTED BY THIS. WE'RE GOING TO GET INTO THIS A LITTLE BIT MORE
  • 00:00:59.180 --> 00:01:02.210
  • IN THE BROADCAST HERE. WITH THE PASSING OF JUSTICE SCALIA ANY
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  • DECISIONS WHERE HE VOTED BUT THAT DECISION HAS NOT BEEN
  • 00:01:05.260 --> 00:01:09.090
  • RELEASED, NOT BEEN PUBLISHED, THAT VOTE DOES NOT COUNT. SO
  • 00:01:09.100 --> 00:01:13.010
  • THERE'S THIS WHOLE PAST TERM, A LARGE NUMBER OF CASES, DECISIONS
  • 00:01:13.020 --> 00:01:17.040
  • PENDING WILL NOT COUNT. GOING FORWARD A 4/4 TIE IS IN AN
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  • AFFIRMANCE OF THE LOWER COURT. YOU WILL SEE IT HAS DRAMATIC
  • 00:01:21.150 --> 00:01:24.250
  • REPERCUSSIONS ON SO MANY CASES, NOT THE LEAST OF WHICH IS THE
  • 00:01:24.260 --> 00:01:28.260
  • LITTLE SISTERS OF THE POOR. SO A LOT GOING ON THERE. LOGAN
  • 00:01:28.270 --> 00:01:31.200
  • SEKULOW: SOME PEOPLE ARE COMMENTING ABOUT THE DEBATE, HOW
  • 00:01:31.210 --> 00:01:33.100
  • THIS WAS BROUGHT UP AN INTERESTING WAY AND A LOT OF
  • 00:01:33.110 --> 00:01:35.290
  • PEOPLE, -YEAH, IT CHANGED THE PRESIDENTIAL ELECTION ACTUALLY.
  • 00:01:36.000 --> 00:01:37.260
  • -WHAT ARE YOUR THOUGHTS ON THAT? WHAT ARE YOUR THOUGHTS ON
  • 00:01:37.270 --> 00:01:39.270
  • THE WAY I GUESS THESE CANDIDATES CAN NOW MAKE THEMSELVES KNOWN?
  • 00:01:39.280 --> 00:01:42.190
  • BECAUSE THE SUPREME COURT WAS NOT A VERY HIGH TOPIC. -WAS NOT
  • 00:01:42.200 --> 00:01:45.190
  • A TOPIC. -I MEAN, I THINK I HEARD MARCO RUBIO SPEAK ON IT
  • 00:01:45.200 --> 00:01:47.200
  • ONCE, I HEARD JEB BUSH SPEAK ON IT ONCE OR TWICE, IT WAS VERY
  • 00:01:47.210 --> 00:01:50.140
  • RARELY SPOKEN OF. -WELL, I WILL TELLYOU THIS, YOU WANT TO KNOW
  • 00:01:50.150 --> 00:01:55.040
  • THE KIND OF NOMINEE A PRESIDENT CAN PUT FORWARD, I MEAN, YOU
  • 00:01:55.050 --> 00:01:58.140
  • MENTIONED JEB BUSH. HE NOMINATED 400 JUDGES IN FLORIDA. HE HAD A
  • 00:01:58.150 --> 00:02:03.040
  • VERY CONSERVATIVE JUDICIAL APPOINTMENT RECORD. -SO IT'S
  • 00:02:03.050 --> 00:02:06.140
  • EASY TO TELL FOR GOVERNORS, AND TO SEE, -GOVERNORS IT'S EASY.
  • 00:02:06.150 --> 00:02:08.220
  • SO IF GOVERNOR CHRISTY WOULD HAVE STILL BEEN IN IT, EASY TO
  • 00:02:08.230 --> 00:02:10.220
  • SEE. SENATORS ARE A LITTLE HARDER BECAUSE OF THEIR
  • 00:02:10.230 --> 00:02:12.270
  • CONFIRMATION, BUT YOU CAN TELL THEIR TONE. -RIGHT. -SO I
  • 00:02:12.280 --> 00:02:17.160
  • THINK IT'S PART OF IT. THE CANDIDATES OUTSIDE OF THE
  • 00:02:17.170 --> 00:02:21.000
  • POLITICAL PROCESS, DONALD TRUMP, WHO'S LEADING THE PACK RIGHT
  • 00:02:21.010 --> 00:02:24.000
  • NOW, AND DR. CARSON, BEN CARSON, WE DON'T KNOW THE JUDICIAL
  • 00:02:24.010 --> 00:02:29.160
  • PHILOSOPHY. I MEAN,YOU HAVE IDEAS WHAT THEY SAY. SAYING I
  • 00:02:29.170 --> 00:02:32.120
  • WILL APPOINT A CONSERVATIVE JUSTICE DOES MEAN ENOUGH. TRUST
  • 00:02:32.130 --> 00:02:37.160
  • ME, I'VE BEEN DOING IT FOR A QUARTER OF A CENTURY. -AND WHAT
  • 00:02:37.170 --> 00:02:40.090
  • ARE YOUR THOUGHTS, PEOPLE ARE TALKING ABOUT THE LITMUS TEST
  • 00:02:40.100 --> 00:02:42.060
  • KIND OF CONVERSATION THAT CAME UP DURING THAT. -WELL, YOU
  • 00:02:42.070 --> 00:02:44.030
  • DON'T WANT TO SAY YOU HAVE A LITMUS TEST BECAUSE THAT'S WHAT
  • 00:02:44.040 --> 00:02:46.130
  • THE LEFT DOES. BUT YOU KNOW WHAT YOU WANT TO HAVE? YOU WANT TO
  • 00:02:46.140 --> 00:02:48.130
  • HAVE SOMETHING MORE THAN A LITMUS TEST. YOU WANT TO HAVE A
  • 00:02:48.140 --> 00:02:50.100
  • PROVEN TRACK RECORD OF WHERE THESE JUSTICES, OR NOMINEES
  • 00:02:50.110 --> 00:02:53.050
  • STAND, WHETHER THAT'S IN JUDICIAL OPINIONS THEY'VE
  • 00:02:53.060 --> 00:02:55.160
  • WRITTEN, LAW REVIEW ARTICLES. LISTEN, I'VE WRITTEN FOR, I'M
  • 00:02:55.170 --> 00:02:58.100
  • NOT GOING TO BE NOMINATED FOR THE SUPREME COURT, BUT I'VE
  • 00:02:58.110 --> 00:02:59.240
  • WRITTEN 40 LAW REVIEW ARTICLES AND 4 BOOKS. YOU CAN FIND OUT
  • 00:02:59.250 --> 00:03:02.200
  • WHERE I AM ON AN ISSUE. THAT'S WHAT WE NEED TO DO. IT'S MUCH
  • 00:03:02.210 --> 00:03:05.070
  • MORE THAN A LITMUS TEST. THE LITMUS TEST, FRANKLY, AT THIS
  • 00:03:05.080 --> 00:03:08.020
  • POINT, IS TOO LOW OF A STANDARD. I DON'T WANT SOMEONE THAT JUST
  • 00:03:08.030 --> 00:03:10.100
  • SAYS WELL I UNDERSTAND MY JOB IS TO CALL IT AS I SEE IT, I WANT
  • 00:03:10.110 --> 00:03:13.090
  • TO KNOW WHERE THEY'VE BEEN ON THESE CRITICAL ISSUES AND HOW
  • 00:03:13.100 --> 00:03:17.100
  • THEY VIEW THE CONSTITUTION. THAT'S THE CRITICAL ASPECT. AND
  • 00:03:17.110 --> 00:03:20.130
  • WE DON'T HAVE THE LUXURY OF NOT SEEING THAT MOVE FORWARD.
  • 00:03:20.140 --> 00:03:23.000
  • -ALRIGHT, WE HAVE A MINUTE AND A HALF. LET'S TAKE JUST 1
  • 00:03:23.010 --> 00:03:24.170
  • COMMENT. OBVIOUSLY A LOT OF PEOPLE ARE CHIMING IN SHARING
  • 00:03:24.180 --> 00:03:27.110
  • THEIR THOUGHTS AND FEELINGS ABOUT THE SITUATION. -AND
  • 00:03:27.120 --> 00:03:30.150
  • AGAIN, PRAY FOR HIS FAMILY. -AND THIS PERSON JUST SAID, IT
  • 00:03:30.160 --> 00:03:33.280
  • DOES FEEL SAD THAT THE PRESIDENT, THEY COULDN'T WAIT AT
  • 00:03:33.290 --> 00:03:37.090
  • ALL UNTIL KIND OF BRINGING THIS INTO A POLITICAL CONVERSATION.
  • 00:03:37.100 --> 00:03:40.180
  • -YOU KNOW, THAN, I WOULD HAVE THOUGHT THE PRESIDENT WOULD HAVE
  • 00:03:40.190 --> 00:03:42.140
  • JUST ISSUED A STATEMENT, OR GONE AND SAID WE MOURN THE LOSS OF A
  • 00:03:42.150 --> 00:03:44.180
  • GREAT AMERICAN, SOMEONE THAT SERVED AS A BEACON OF SUPPORTING
  • 00:03:44.190 --> 00:03:49.190
  • THE CONSTITUTION, LOVED THE CONSTITUTION AND LOVED HIS
  • 00:03:49.200 --> 00:03:51.250
  • COUNTRY. I'LL HAVE MORE TO SAY ABOUT NOMINATIONS IN THE WEEKS
  • 00:03:51.260 --> 00:03:54.110
  • AHEAD BUT RIGHT NOW WE JUST WANT TO HONOR JUSTICE SCALIA. BUT HE
  • 00:03:54.120 --> 00:03:57.000
  • COULDN'T RESIST. THAN BENNETT: JAY, I TOLD MY WIFE BEFORE HE
  • 00:03:57.010 --> 00:03:59.200
  • CAME OUT THAT WE WOULDN'T HEAR A WORD ABOUT WHO HE WAS GOING TO
  • 00:03:59.210 --> 00:04:02.210
  • NOMINATE NEXT BECAUSE IT WOULDN'T BE APPROPRIATE. HE CAME
  • 00:04:02.220 --> 00:04:04.270
  • OUT AND ANNOUNCED IT. THAT'S WHAT FORCED THE ISSUE AND
  • 00:04:04.280 --> 00:04:07.230
  • FRANKLY THAT'S THE ONLY REASON THAT THE SENATE JUDICIARY
  • 00:04:07.240 --> 00:04:10.010
  • COMMITTEE HAS TO ACT NOW. THE PRESIDENT ALREADY MADE HIS MOVE
  • 00:04:10.020 --> 00:04:12.250
  • IN A SENSE, NOW IT'S UP TO THE SENATE TO RESPOND. -WE'RE GOING
  • 00:04:12.260 --> 00:04:15.230
  • TO HAVE A LOT MORE AHEAD AS WE DISCUSS WHAT IS NOW HAPPENING IN
  • 00:04:15.240 --> 00:04:18.130
  • WASHINGTON IN LIGHT OF THE DEATH OF JUSTICE ANTONIN SCALIA. WHAT
  • 00:04:18.140 --> 00:04:22.180
  • DOES IT MEAN FOR THE SUPREME COURT OF THE UNITED STATES? AND
  • 00:04:22.190 --> 00:04:25.080
  • WHAT DOES IT MEAN FOR PENDING CASES? WE'LL HAVE A FULL
  • 00:04:25.090 --> 00:04:28.200
  • ANALYSIS WHEN WE GET BACK.
  • 00:04:28.210 --> 00:04:30.020
  • [MUSIC]
  • 00:04:30.030 --> 00:04:34.180
  • JAY SEKULOW: I WAS AT A BOARD MEETING OF JEWS FOR
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  • JESUS. I WAS ON THE BOARD AT THE TIME AND THE EXECUTIVE DIRECTOR
  • 00:04:35.280 --> 00:04:38.050
  • SAID WE'VE GOT A CASE. THE SUPREME COURT HAD JUST GRANTED
  • 00:04:38.060 --> 00:04:40.200
  • REVIEW. IT WAS ABOUT LITERATURE DISTRIBUTION AT AIRPORTS,
  • 00:04:40.210 --> 00:04:43.160
  • EVANGELISM AT AIRPORTS. THE 9TH CIRCUIT HAD ALLOWED THE
  • 00:04:43.170 --> 00:04:46.180
  • EVANGELISM TO TAKE PLACE. BUT THE SUPREME COURT HAD ACCEPTED
  • 00:04:46.190 --> 00:04:49.200
  • THE CASE FOR REVIEW. AND THE THOUGHT WAS THAT THEY WERE GOING
  • 00:04:49.210 --> 00:04:51.260
  • TO REVERSE AND NOT ALLOW EVANGELISM TO TAKE PLACE.
  • 00:04:51.270 --> 00:04:54.140
  • JUSTICE SCALIA: SO WE SHOULD DECIDE THIS CASE AS THOUGH THE
  • 00:04:54.150 --> 00:04:58.110
  • QUESTION IS COULD LAX, LIKE THE CAPITOL, PROMULGATE A NICELY,
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  • NARROWLY CRAFTED RULE THAT SAYS NO RELIGIOUS PROSELYTIZING ON
  • 00:05:05.100 --> 00:05:10.220
  • THESE GROUNDS. RIGHT? THAT'S THE ISSUE. COULD LAX DO THAT? IF
  • 00:05:10.230 --> 00:05:14.140
  • IT'S A PUBLIC FORUM, IT COULDN'T. IF IT'S NOT A PUBLIC
  • 00:05:14.150 --> 00:05:17.040
  • FORUM, PRESUMABLY IT COULD. JAY SEKULOW: YOUR HONOR, THE COURT
  • 00:05:17.050 --> 00:05:20.150
  • HAS BEFORE IT FACTS WHICH HAVE BEEN STIPULATED BY THE PARTIES
  • 00:05:20.160 --> 00:05:23.230
  • SHOWING EXACTLY WHAT'S TAKING PLACE IN LAX; THE ACTIVITIES
  • 00:05:23.240 --> 00:05:26.230
  • THAT HAVE TAKEN PLACE. IN OUR BRIEFS AND IN THE TRIAL COURT
  • 00:05:26.240 --> 00:05:29.210
  • BRIEFS WE HAVE ARGUED THESE OTHER POINTS. WE WOULD TAKE THE
  • 00:05:29.220 --> 00:05:33.060
  • POSITION THAT THIS COURT COULD REACH THESE OTHER ISSUES.
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  • VIEWPOINT DISCRIMINATION, REGARDLESS -YOU'RE ASKING US
  • 00:05:35.190 --> 00:05:39.130
  • TO, MR. SEKULOW, WOULD YOU EXPLAIN TO ME, BECAUSE I REALLY
  • 00:05:39.140 --> 00:05:43.130
  • DON'T UNDERSTAND THIS FROM YOUR ARGUMENT, WHAT IS IT THAT MAKES
  • 00:05:43.140 --> 00:05:48.180
  • A PUBLIC FORUM SPECIAL AS OPPOSED TO ANY PUBLIC BUILDING?
  • 00:05:48.190 --> 00:05:54.070
  • BECAUSE AS I UNDERSTAND YOUR ARUGMENT, I THINK WHAT IT BOILS
  • 00:05:54.080 --> 00:05:56.160
  • DOWN TO SAYING IS THAT ANY PUBLIC BUILDING MUST BE ALLOWED
  • 00:05:56.170 --> 00:06:01.190
  • TO BE USED FOR FREE SPEECH ACTIVITIES TO THE EXTENT THAT
  • 00:06:01.200 --> 00:06:06.200
  • SUCH ACTIVITIES ARE NOT INCOMPATIBLE WITH THE OTHER USES
  • 00:06:06.210 --> 00:06:09.250
  • OF THE BUILDING. NOW IF YOU ADOPT THAT AS A PRINCIPLE, WHY
  • 00:06:09.260 --> 00:06:15.110
  • DO YOU NEED A PUBLIC FORUM DOCUMENT? YOU DON'T NEED IT.
  • 00:06:15.120 --> 00:06:17.220
  • DOESN'T IT TOTALLY GOBBLE UP THE CONCEPT THAT THERE ARE SOME
  • 00:06:17.230 --> 00:06:21.160
  • PUBLIC BUILDINGS WHERE YOU CANNOT, YOU DON'T EVEN HAVE TO
  • 00:06:21.170 --> 00:06:25.280
  • HAVE REASONABLE TIME, PLACE AND MANNER RESTRICTIONS? -YOUR
  • 00:06:25.290 --> 00:06:28.220
  • HONOR, ONE IMPORTANT ELEMENT OF OUR ANALYSIS ON THIS
  • 00:06:28.230 --> 00:06:31.130
  • COMPATIBILITY ISSUE IS THAT THERE IS GENERAL ACCESS OPEN TO
  • 00:06:31.140 --> 00:06:34.080
  • THE PUBLIC AND, LET'S TAKE AN OFFICE BUILDING AS A GOOD
  • 00:06:34.090 --> 00:06:37.110
  • EXAMPLE, YOU HAVE AN OFFICE BUILDING, NARROW CORRIDORS, AN
  • 00:06:37.120 --> 00:06:41.140
  • ARGUMENT CAN BE MADE THAT THE ACTIVITIES TAKING PLACE INSIDE
  • 00:06:41.150 --> 00:06:45.080
  • AN OFFICE BUILDING MAY NOT BE COMPATIBLE, MAY NOT BE
  • 00:06:45.090 --> 00:06:48.260
  • COMPATIBLE WITH THE EFFICIENT OPERATION OF THAT PARTICULAR
  • 00:06:48.270 --> 00:06:51.150
  • FACILITY. BUT IT'S THAT GENERAL PUBLIC ACCESS COUPLED WITH THE
  • 00:06:51.160 --> 00:06:54.260
  • COMPATIBILITY. -BUT EVEN IN A PUBLIC FORUM, YOU ARE ALLOWED TO
  • 00:06:54.270 --> 00:06:58.150
  • PLACE SUCH RESTRICTIONS AS ARE NECESSARY TO MAKE THE SPEECH
  • 00:06:58.160 --> 00:07:03.200
  • COMPATIBLE WITH WHATEVER ELSE IS GOING ON THERE. -THAT'S
  • 00:07:03.210 --> 00:07:06.090
  • CORRECT. -IN A PARK, AND SO FORTH. SO THEN WHAT DIFFERENCE
  • 00:07:06.100 --> 00:07:10.010
  • IS THERE BETWEEN A PUBLIC FORUM AND A NON-PUBLIC FORUM IN YOUR
  • 00:07:10.020 --> 00:07:12.250
  • VIEW OF THE WORLD? -A NON-PUBLIC FORUM, ARGUMENTS HAVE
  • 00:07:12.260 --> 00:07:17.250
  • BEEN MADE REGARDING A NON-PUBLIC FORUM CONCERNING THE INTERNAL
  • 00:07:17.260 --> 00:07:20.210
  • MAIL SCHOOL SYSTEMS. IT'S THAT PUBLIC ACCESS THAT WAS LACKING,
  • 00:07:20.220 --> 00:07:24.040
  • YOUR HONOR, IN THAT PARTICULAR SITUATION, AND MANY OTHERS.
  • 00:07:24.050 --> 00:07:26.080
  • THERE ARE ALSO CASES LIKE GREER V. SPOCK. THERE ARE SPECIAL
  • 00:07:26.090 --> 00:07:29.230
  • FUNCTIONS OF FACILITIES, MILITARY BASES, WHERE THAT
  • 00:07:29.240 --> 00:07:33.070
  • SPECIAL CONSTITUTIONAL FUNCTION, AS THIS COURT DETERMINES, THAT
  • 00:07:33.080 --> 00:07:36.050
  • SPECIAL CONSTITUTIONAL FUNCTION JUSTIFIES CONCERN FOR NATIONAL
  • 00:07:36.060 --> 00:07:39.130
  • SECURITY, JUSTIFIES A NATIONAL DEFENSE, THE REGULATION, OR
  • 00:07:39.140 --> 00:07:44.230
  • ELIMINATION IN SOME CASES, OF 1ST AMENDMENT ACTIVITIES FROM
  • 00:07:44.240 --> 00:07:46.220
  • TAKING PLACE. WE'RE NOT SAYING THAT ALL FACILITIES ARE PUBLIC
  • 00:07:46.230 --> 00:07:50.010
  • FORUMS OPEN TO EVERYONE. WHAT WE ARE SAYING IS WHEN YOU HAVE THAT
  • 00:07:50.020 --> 00:07:52.260
  • COMPATIBILITY AND GENERAL PUBLIC ACCESS, THAT IS WHAT WE'RE
  • 00:07:52.270 --> 00:07:56.110
  • SAYING IS PART OF THE KEY. THAT COMPATIBILITY AND ACCESS. THAT'S
  • 00:07:56.120 --> 00:07:59.170
  • A BALANCING. THE PUBLIC FORUM ISSUE IS ON A SPECTRUM. OUR
  • 00:07:59.180 --> 00:08:03.010
  • POSITION IS THAT LAX, ON THE SPECTRUM OF PUBLIC FORUM, IS
  • 00:08:03.020 --> 00:08:07.150
  • CLOSER TO A STREET, SIDEWALK OR A PARK THAN IT IS TO A MILITARY
  • 00:08:07.160 --> 00:08:12.130
  • BASE OR A PRISON. -YOU'RE TAKING THE POSITION THAT THEY'RE
  • 00:08:12.140 --> 00:08:16.110
  • ALL PUBLIC FORUMS IF THERE IS GENERAL PUBLIC ACCESS. THE ONLY
  • 00:08:16.120 --> 00:08:21.080
  • INQUIRY YOU WOULD MAKE ONCE YOU'VE DETERMINED THAT THERE IS
  • 00:08:21.090 --> 00:08:24.030
  • GENERAL PUBLIC ACCESS TO THE BUILDING IS WHETHER FREE SPEECH
  • 00:08:24.040 --> 00:08:28.030
  • ACTIVITIES ARE COMPATIBLE. -IF THERE IS GENERAL PUBLIC ACCESS
  • 00:08:28.040 --> 00:08:30.280
  • AND COMPATIBILITY, OUR POSITION WOULD BE THAT A PUBLIC FORUM
  • 00:08:30.290 --> 00:08:33.290
  • SHOULD EXIST. SUBJECT TO SPECIAL CONCERNS SUCH AS A MILITARY BASE
  • 00:08:34.000 --> 00:08:37.270
  • OR A PRISON IF THERE WAS AN AREA THAT WAS GENERAL ACCESS. THE
  • 00:08:37.280 --> 00:08:41.260
  • COURT'S DECISIONS REGARDING IN GREER V. SPOCK, ALTHOUGH THE
  • 00:08:41.270 --> 00:08:45.100
  • MILITARY BASE WAS OPEN, THERE ARE SPECIAL CONSTITUTIONAL
  • 00:08:45.110 --> 00:08:48.050
  • FUNCTIONS THERE. -AND THE QUESTION OF WHETHER IT'S
  • 00:08:48.060 --> 00:08:50.050
  • APPROPRIATE ISN'T NECESSARILY THE SAME AS THE QUESTION WHETHER
  • 00:08:50.060 --> 00:08:53.220
  • IT'S COMPATIBLE. I MEAN, TAKE MY HYPOTHETICAL ABOUT THE CAPITOL.
  • 00:08:53.230 --> 00:08:57.020
  • IT'S COMPATIBLE IN THE SENSE THAT THEY CAN RUN THEIR BUSINESS
  • 00:08:57.030 --> 00:09:00.130
  • OVER THERE WITH BOOTHS PASSING OUT RELIGIOUS LITERATURE, AND
  • 00:09:00.140 --> 00:09:06.270
  • POLITICAL LITERATURE, THEY COULD RUN THEIR BUSINESS ANYWAY, BUT
  • 00:09:06.280 --> 00:09:10.040
  • IT'S JUST NEVER BEEN DONE. THIS IS NOT THE PLACE FOR IT. THEY
  • 00:09:10.050 --> 00:09:12.130
  • HAVE JUST SAID IT'S NOT THE PLACE FOR IT. YOU WOULD NOT
  • 00:09:12.140 --> 00:09:14.290
  • ALLOW THAT TO BE SAID, WOULD YOU? -YOUR HONOR, THE POSITION
  • 00:09:15.000 --> 00:09:18.010
  • OF SOMETHING NOT BEING THE PLACE FOR THE ACTIVITY, IS SOMETHING
  • 00:09:18.020 --> 00:09:21.060
  • THAT WE THINK IS EXACTLY WHY AIRPORTS WOULD BE A TRADITIONAL
  • 00:09:21.070 --> 00:09:24.280
  • PUBLIC FORUM. I DON'T TAKE THE POSITION THAT THE GRACE OF
  • 00:09:24.290 --> 00:09:28.020
  • GOVERNMENT IS THE DETERMINING FACTOR OF WHAT CONSTITUTES A
  • 00:09:28.030 --> 00:09:30.100
  • PUBLIC FORUM, NOR DO I TAKE THE POSITION THAT A MERE CHANCE OF
  • 00:09:30.110 --> 00:09:35.180
  • HISTORY, IF YOU WILL, WOULD CREATE THE PUBLIC FORUM, OR
  • 00:09:35.190 --> 00:09:38.090
  • INCREASED MOBILITY OF SOCIETY OR, FOR THAT MATTER, ART
  • 00:09:38.100 --> 00:09:42.000
  • ARCHITECTURAL DESIGNS. AN EXCELLENT POINT WAS RAISED WITH
  • 00:09:42.010 --> 00:09:45.050
  • WHAT IF THE AIRPORT EXTENDED ITS CENTRAL TERMINAL AREA OUT TO THE
  • 00:09:45.060 --> 00:09:48.170
  • SIDEWALKS AND COVERED IT. WELL, IS THAT NOW BANNED? AND THAT'S
  • 00:09:48.180 --> 00:09:52.100
  • THE POSITION WE'RE TAKING. THE COMPATIBILITY IS AN IMPORTANT
  • 00:09:52.110 --> 00:09:55.010
  • FACTOR. THE PUBLIC ACCESS IS AN IMPORTANT FACTOR. THE
  • 00:09:55.020 --> 00:09:57.260
  • ACCOMODATION OF IT, WE WOULD TAKE THE POSITION THAT IT'S AN
  • 00:09:57.270 --> 00:10:01.110
  • ANALIS THAT HAS TO DRAW A BALANCE AND THERE HAS TO BE A
  • 00:10:01.120 --> 00:10:05.080
  • BALANCING THERE. THE BALANCING WOULD TAKE INTO CONSIDERATION
  • 00:10:05.090 --> 00:10:09.000
  • THESE OTHER POSITIONS. [ANNOUNCER] IN 1987 THE UNITED
  • 00:10:09.010 --> 00:10:12.190
  • STATES SUPREME COURT ISSUED A UNANIMOUS OPINION THAT OPENED
  • 00:10:12.200 --> 00:10:15.240
  • THE DOOR FOR EVANGELISM AND DISTRIBUTION OF LITERATURE IN
  • 00:10:15.250 --> 00:10:18.250
  • THE NATION'S AIRPORTS. JAY SEKULOW: BECAUSE OF THAT
  • 00:10:18.260 --> 00:10:21.100
  • DECISION IN JEWS FOR JESUS, WE OPENED UP AREAS OF EVANGELISM
  • 00:10:21.110 --> 00:10:23.210
  • LITERALLY FROM COAST TO COAST. I MEAN, WE MARCHED AROUND THE
  • 00:10:23.220 --> 00:10:27.200
  • COUNTRY DEFENDING EVANGELISM IN CHICAGO, IN BOSTON, IN NEW YORK,
  • 00:10:27.210 --> 00:10:31.030
  • ATLANTA, TEXAS, SOUTHERN CALIFORNIA, NORTHERN CALIFORNIA,
  • 00:10:31.040 --> 00:10:35.000
  • AND POINTS IN BETWEEN. AND WE WON ALL OF THOSE CASES BECAUSE
  • 00:10:35.010 --> 00:10:38.180
  • OF A UNANIMOUS DECISION IN JEWS FOR JESUS. VERY FIRST ARGUMENT I
  • 00:10:38.190 --> 00:10:41.190
  • HAD 26 YEARS AGO, BOARD OF AIRPORT COMMISSIONERS VS JEWS
  • 00:10:41.200 --> 00:10:46.080
  • FOR JESUS. ANTONIN SCALIA ASKING A LOT OF QUESTIONS THERE. WE'RE
  • 00:10:46.090 --> 00:10:50.100
  • GOING TO PLAY A LOT OF SOUND FROM HIM THIS WEEK ON THE
  • 00:10:50.110 --> 00:10:52.210
  • BROADCAST. THAN, GIVE US A TIME FRAME HERE. THAN BENNETT: I
  • 00:10:52.220 --> 00:10:56.100
  • EXPECT THE PRESIDENT WILL SEND A NOMINATION DOWN, JAY. I THINK IT
  • 00:10:56.110 --> 00:10:59.000
  • MIGHT HAPPEN NEXT WEEK WHEN THE SENATE COMES BACK. IT WOULD
  • 00:10:59.010 --> 00:11:02.010
  • IMMEDIATELY BE REFERRED TO THE SENATE JUDICIARY COMMITTEE. AND
  • 00:11:02.020 --> 00:11:04.230
  • IN THEORY, JAY, THEY COULD START HOLDING HEARINGS IMMEDIATELY.
  • 00:11:04.240 --> 00:11:07.210
  • HERE'S THE ISSUE: THEY REALLY SHOULD NOT. THEY HAVE THE
  • 00:11:07.220 --> 00:11:10.130
  • PREROGATIVE TO MAKE A DETERMINATION ON WHETHER OR NOT
  • 00:11:10.140 --> 00:11:12.230
  • TO CONSIDER A NOMINEE. ALL OF THE PRECEDENT SAYS THEY SHOULD
  • 00:11:12.240 --> 00:11:15.150
  • WAIT. THEY SHOULD LET THE AMERICAN PEOPLE WEIGHT IN BEFORE
  • 00:11:15.160 --> 00:11:17.240
  • ANY NOMINEE FROM ANY PARTY IS CONSIDERED. THEY NEED TO DO SO
  • 00:11:17.250 --> 00:11:21.170
  • BUT WE WILL KNOW VERY QUICKLY WHETHER OR NOT THEY WILL BY THE
  • 00:11:21.180 --> 00:11:23.220
  • FACT WHETHER OR NOT THE CHAIRMAN OF THAT COMMITTEE, CHUCK
  • 00:11:23.230 --> 00:11:27.000
  • GRASSLEY, SCHEDULES A HEARING. -AND I THINK WHAT THAN'S
  • 00:11:27.010 --> 00:11:29.190
  • SAYING, FOLKS, IS ABSOLUTELY CORRECT. I MEAN, FIRST OF ALL,
  • 00:11:29.200 --> 00:11:33.110
  • WE SHOULDN'T EVEN BE TALKING ABOUT NOMINEES AND WHETHER
  • 00:11:33.120 --> 00:11:36.010
  • REPUBLICANS CAN VOTE. NO HEARINGS! HEY, LISTEN
  • 00:11:36.020 --> 00:11:38.230
  • REPUBLICANS CONTROL THE SENATE. SAY NO. DO YOU THINK CHUCK
  • 00:11:38.240 --> 00:11:42.200
  • SCHUMER WOULD SAY YES? DOES ANYBODY OUT THERE THINK CHUCK
  • 00:11:42.210 --> 00:11:47.070
  • SCHUMER IS GOING TO SAY YEAH, LET'S HAVE HEARING IF IT WAS
  • 00:11:47.080 --> 00:11:49.040
  • PRESIDENT JEB BUSH, PRESIDENT TRUMP, PRESIDENT RUBIO,
  • 00:11:49.050 --> 00:11:53.260
  • PRESIDENT CRUZ? YOU KNOW, PRESIDENT CARSON, ON AND ON IT
  • 00:11:53.270 --> 00:11:58.210
  • GOES. DO YOU THINK ANYBODY WOULD SAY THAT? I DON'T THINK SO.
  • 00:11:58.220 --> 00:12:00.200
  • LOGAN SEKULOW: AND WE SPECIFICALLY KNOW HE WOULDN'T.
  • 00:12:00.210 --> 00:12:02.150
  • HE SAID HE WOULDN'T. -OF COURSE NOT. -I MEAN, THAT WAS THE
  • 00:12:02.160 --> 00:12:04.150
  • THING. THIS IS NOT A, -APPARENTLY HE HAS CHANGED HIS
  • 00:12:04.160 --> 00:12:07.230
  • MIND, THOUGH. -WHAT'S GOING TO BE SPUN IS THIS IS NOT A COMMON
  • 00:12:07.240 --> 00:12:10.040
  • OCCURRENCE WHEN THIS HAPPENS. THE PROBLEM IS IT'S RARE FOR AN
  • 00:12:10.050 --> 00:12:13.100
  • ELECTION YEAR FOR A SUPREME COURT JUSTICE TO BE, WHO HAS
  • 00:12:13.110 --> 00:12:17.180
  • PASSED AWAY, TO HAVING TO BE REPLACED, SO YOU'RE HAVING
  • 00:12:17.190 --> 00:12:21.040
  • MULTIPLE THINGS OF RARITY, BUT WHEN IT HAS HAPPENED, THEY
  • 00:12:21.050 --> 00:12:23.190
  • HAVEN'T BEEN PUT IN PLACE. -RIGHT. -SO IT IS A RARE
  • 00:12:23.200 --> 00:12:27.040
  • ISSUE. BUT WHEN CHUCK SCHUMER WAS TALKING ABOUT IT, IT WAS A
  • 00:12:27.050 --> 00:12:30.100
  • HYPOTHETICAL, THEORETICAL THOUGHT, OF WELL, IF ONE OF THEM
  • 00:12:30.110 --> 00:12:34.010
  • STEPS DOWN AT THIS POINT, WE'RE NOT GOING TO LET HIM GO. -YEAH,
  • 00:12:34.020 --> 00:12:37.090
  • SO HERE'S WHAT HE SAID, THOUGH, JUST HOURS AGO, THIS IS WHAT
  • 00:12:37.100 --> 00:12:40.210
  • CHUCK SCHUMER SAID HOURS AGO ABOUT CONFIRMING A NOMINEE. WE
  • 00:12:40.220 --> 00:12:45.130
  • HAVE THAT BITE? LET'S GO. CHUCK SCHUMER: OUR JOB IS TO GO
  • 00:12:45.140 --> 00:12:48.040
  • FORWARD WITH THE PROCESS AND THEN WE'LL SEE WHAT HAPPENS.
  • 00:12:48.050 --> 00:12:50.230
  • THAT'S WHAT DEMOCRATS, -BUT YOU KNOW IT'S NOT GOING TO HAPPEN.
  • 00:12:50.240 --> 00:12:53.270
  • -WELL, NO, I'M NOT SURE THAT'S TRUE. YOU KNOW, THE KIND OF
  • 00:12:53.280 --> 00:12:55.250
  • OBSTRUCTIONISM THAT MITCH MCCONNELL IS TALKING ABOUT, HE'S
  • 00:12:55.260 --> 00:12:58.170
  • HARKING BACK TO HIS OLD DAYS, YOU KNOW. RECENTLY HE SAID,
  • 00:12:58.180 --> 00:13:01.200
  • WELL, I WANT REGULAR ORDER. BUT IN 2010 RIGHT AFTER THE
  • 00:13:01.210 --> 00:13:05.080
  • ELECTION, OR DURING THE ELECTION HE SAID MY #1 JOB IS TO DEFEAT
  • 00:13:05.090 --> 00:13:08.200
  • BARACK OBAMA WITHOUT EVEN KNOWING WHAT BARACK OBAMA WAS
  • 00:13:08.210 --> 00:13:12.100
  • GOING TO PROPOSE. -OKAY, THAT'S WHAT HE SAID 2 DAYS AGO. HERE'S
  • 00:13:12.110 --> 00:13:15.250
  • WHAT HE SAID IN 2007 WHEN THERE WAS THOUGHT THAT PRESIDENT BUSH
  • 00:13:15.260 --> 00:13:20.070
  • WOULD HAVE 1 MORE NOMINEE AND HE HAD ABOUT 17 MONTHS TO GO. -THE
  • 00:13:20.080 --> 00:13:23.150
  • SUPREME COURT IS DANGEROUSLY OUT OF BALANCE. WITH RESPECT TO THE
  • 00:13:23.160 --> 00:13:27.190
  • SUPREME COURT, AT LEAST, I WILL RECOMMEND TO MY COLLEAGUES THAT
  • 00:13:27.200 --> 00:13:31.220
  • WE SHOULD NOT CONFIRM ANY BUSH NOMINEE. -THERE YOU HAVE IT.
  • 00:13:31.230 --> 00:13:36.240
  • NOT GOING TO CONFIRM ANY BUSH NOMINEES TO THE SUPREME COURT;
  • 00:13:36.250 --> 00:13:39.260
  • 17 MONTHS TO GO. DOUBLE STANDARD CHUCK SCHUMER. SENATOR SCHUMER.
  • 00:13:39.270 --> 00:13:44.020
  • -LET'S GO BACK TO THE PHONES. LET'S TRY WESLEY. HE HAD A
  • 00:13:44.030 --> 00:13:46.160
  • COMMENT THAT'S ACTUALLY COMING A LOT. -YEAH, -HEY, WESLEY.
  • 00:13:46.170 --> 00:13:50.240
  • -HEY, I APPRECIATE YOU TAKING MY CALL TODAY. -SURE. -I'VE
  • 00:13:50.250 --> 00:13:53.110
  • ADMIRED YOUR WORK FOR MANY YEARS. -THANK YOU. -IT'S
  • 00:13:53.120 --> 00:13:55.200
  • FASCINATING BEFORE THE PASSING OF JUSTICE SCALIA THAT CANDIDATE
  • 00:13:55.210 --> 00:14:03.040
  • HILLARY CLINTON HAD SPECULATED ABOUT WHAT A GREAT NOMINATION
  • 00:14:03.050 --> 00:14:06.010
  • FOR THE SUPREME COURT THAT OBAMA WOULD BE. HAD YOU HEARD THAT AS
  • 00:14:06.020 --> 00:14:09.000
  • WELL? -YES. SHE SAID IT. IT WAS PRETTY PUBLIC. -YEAH, SO I
  • 00:14:09.010 --> 00:14:13.050
  • DON'T GUESS THERE'S ANY MYSTERY TO THE KIND OF JUDGES THAT SHE
  • 00:14:13.060 --> 00:14:16.210
  • WOULD APPOINT. -NO DOUBT! -THE IMPORTANCE OF THIS ELECTION THAT
  • 00:14:16.220 --> 00:14:23.180
  • WE'RE FACING, I HOPE THAT WE CAN MOTIVATE A LOT OF CHRISTIAN
  • 00:14:23.190 --> 00:14:29.210
  • CONSERVATIVES. -THE REPUBLICANS ARE GOING TO HAVE TO DO WHAT THE
  • 00:14:29.220 --> 00:14:31.180
  • DEMOCRATS DID AND ALSO WHAT THE DEMOCRATS PASSED IS A SENATE
  • 00:14:31.190 --> 00:14:34.090
  • RESOLUTION, THAN, IN 1960, A CENSE OF THE CONGRESS SAYING NO
  • 00:14:34.100 --> 00:14:38.140
  • LAST MOMENT, LAST YEAR NOMINATIONS TO THE SUPREME
  • 00:14:38.150 --> 00:14:43.150
  • COURT. THEY WERE CONCERNED ABOUT IT BETWEEN EISENHOWER AND
  • 00:14:43.160 --> 00:14:45.140
  • KENNEDY. THEY DIDN'T WANT ANY SUPREME COURT NOMINEES IF
  • 00:14:45.150 --> 00:14:48.250
  • SOMEONE PASSED AWAY. THEY DIDN'T WANT RECESSED APPOINTMENTS. THEY
  • 00:14:48.260 --> 00:14:51.010
  • WANTED NOTHING. SO THIS IS THE DEMOCRATICS PLAY BOOK HERE. IT'S
  • 00:14:51.020 --> 00:14:53.190
  • THEIR PLAY BOOK. -EXACTLY CORRECT. THEY PUT IT IN A
  • 00:14:53.200 --> 00:14:56.210
  • RESOLUTION, JAY, THAT IT SHOULDN'T HAPPEN. AND BY THE
  • 00:14:56.220 --> 00:14:58.210
  • WAY, IT'S WHY NEITHER REPUBLICANS OR DEMOCRATS HAVE
  • 00:14:58.220 --> 00:15:01.120
  • DONE THIS IN ALMOST 140 YEARS, CONFIRMED A NOMINEE FROM THE
  • 00:15:01.130 --> 00:15:05.050
  • OPPOSING PARTY'S PRESIDENT. AND LISTEN, IT PUTS IT SQUARELY IN
  • 00:15:05.060 --> 00:15:09.080
  • THE HANDS OF THE ELECTORATE AND THIS GOES RIGHT TO THE LAST
  • 00:15:09.090 --> 00:15:11.130
  • CALLER. IS IT POSSIBLE THAT HILLARY CLINTON WOULD NOMINATE
  • 00:15:11.140 --> 00:15:13.190
  • BARACK OBAMA? CERTAINLY IT IS. BUT IT RIGHTFULLY ELEVATES THE
  • 00:15:13.200 --> 00:15:17.280
  • ISSUE IN THE PRESIDENTIAL ELECTION SO THAT THE AMERICAN
  • 00:15:17.290 --> 00:15:20.210
  • PEOPLE GET TO SPEAK. WE KNOW WHAT HER NOMINEES WOULD LOOK
  • 00:15:20.220 --> 00:15:22.250
  • LIKE. WE THEN CAN FIND OUT WHAT SOME OF THE OTHER CANDIDATES
  • 00:15:22.260 --> 00:15:25.140
  • NOMINEES WOULD LOOK LIKE. AND THEN THE AMERICAN PEOPLE CAN
  • 00:15:25.150 --> 00:15:28.180
  • WEIGH IN, WHETHER YOU LIKE THOSE NOMINEES OR NOT IT PUTS IT IN
  • 00:15:28.190 --> 00:15:31.150
  • FRONT OF THE AMERICAN PEOPLE WHERE IT SHOULD BE. -COULD THE
  • 00:15:31.160 --> 00:15:34.250
  • PRESIDENT EVEN, THIS IS A QUESTION I HAD, -COULD HE BE
  • 00:15:34.260 --> 00:15:36.240
  • NOMINATED? -COULD HE BE NOMINATED? COULD HE BE CONFIRMED
  • 00:15:36.250 --> 00:15:38.270
  • IN THIS SITUATION? -IT HAS HAPPENED BEFORE. THERE HAS BEEN.
  • 00:15:38.280 --> 00:15:42.000
  • TAFT WAS A SUPREME COURT JUSTICE AND THE PRESIDENT OF THE UNITED
  • 00:15:42.010 --> 00:15:46.120
  • STATES. PRESIDENT OF THE UNITED STATES FIRST THEN BECAME THE
  • 00:15:46.130 --> 00:15:48.110
  • SUPREME COURT JUSTICE. -SO IT'S HAPPENED BEFORE, IT CAN HAPPEN
  • 00:15:48.120 --> 00:15:50.130
  • AGAIN. WHAT ABOUT THE FACT THAT OBVIOUSLY WE'RE DEALING WITH THE
  • 00:15:50.140 --> 00:15:52.220
  • BEST CASE SCENARIO HERE IS WHAT YOU'RE KIND OF HOPING FOR RIGHT
  • 00:15:52.230 --> 00:15:55.280
  • NOW WHICH IS NO ONE GETS PUT IN PLACE, AND THAT SOMEONE ON OUR
  • 00:15:55.290 --> 00:15:59.280
  • SIDE ESSENTIALLY WINS. LIKE SOMEONE GOING, WHAT ABOUT THE
  • 00:15:59.290 --> 00:16:03.140
  • OTHER SIDE, ARE WE RUNNING INTO ANY OF, THIS MAY BE A QUESTION
  • 00:16:03.150 --> 00:16:05.270
  • FOR THAN, WHERE A PRESIDENT OBAMA NOMINEE MAY BE BETTER THAN
  • 00:16:05.280 --> 00:16:08.200
  • A PRESIDENT SANDERS NOMINEE OR A PRESIDENT CLINTON NOMINEE.
  • 00:16:08.210 --> 00:16:12.020
  • -WELL, WE'LL LET THAN ANSWER THAT ONE? -WELL, REGARDLESS OF
  • 00:16:12.030 --> 00:16:16.240
  • WHERE YOU ARE ON THE POLITICAL SPECTRUM, LOGAN, THIS ALLOWS THE
  • 00:16:16.250 --> 00:16:19.020
  • ELECTORATE TO INTERVENE. -WHICH THEY NEED TO. -RIGHT, IF THE
  • 00:16:19.030 --> 00:16:22.120
  • NEXT PRESIDENT IS PRESIDENT HILLARY CLINTON, SHE WILL HAVE
  • 00:16:22.130 --> 00:16:25.160
  • THE CONSTITUTIONAL AUTHORITY AND PREROGATIVE TO MAKE THE NEXT
  • 00:16:25.170 --> 00:16:28.130
  • NOMINEE. NOW IF SHE NOMINATES BARACK OBAMA, I STRONGLY DOUBT
  • 00:16:28.140 --> 00:16:32.240
  • THAT THE UNITED STATES SENATE WOULD CONFIRM HIM, HOWEVER,
  • 00:16:32.250 --> 00:16:35.090
  • THERE WOULD BE 4 YEARS TO HAVE THAT FIGHT. -WE'VE GOT A LOT
  • 00:16:35.100 --> 00:16:37.290
  • MORE AHEAD INCLUDING AN ANALYSIS OF WHAT THE DEATH OF JUSTICE
  • 00:16:38.000 --> 00:16:40.250
  • SCALIA MEANS TO THE SUPREME COURT.
  • 00:16:40.260 --> 00:16:43.080
  • [MUSIC]
  • 00:16:43.090 --> 00:16:48.050
  • JAY SEKULOW: THE TURNING
  • 00:16:48.060 --> 00:16:49.120
  • POINT FOR RELIGIOUS LIBERTY IN THIS COUNTY WAS CLEARLY THE
  • 00:16:49.130 --> 00:16:51.150
  • MERGENS CASE INVOLVING BIBLE CLUBS BECAUSE IT SET A DIFFERENT
  • 00:16:51.160 --> 00:16:53.290
  • TONE. IT SAID NO LONGER WILL EXPRESSIONS OF FAITH BE REMOVED
  • 00:16:54.000 --> 00:16:58.190
  • FROM THE PUBLIC SCHOOL AS IF THEY WERE SOMEHOW SUBVERSIVE OR
  • 00:16:58.200 --> 00:17:01.150
  • AGAINST EACH OTHER AND THAT CHANGED THE WAY PEOPLE THOUGHT
  • 00:17:01.160 --> 00:17:04.190
  • ABOUT RELIGIOUS PRACTICE AND RELIGIOUS FAITH NOT JUST IN
  • 00:17:04.200 --> 00:17:08.040
  • SCHOOLS BUT ACROSS THE BOARD. -WE WANTED TO HAVE THE BIBLE
  • 00:17:08.050 --> 00:17:11.010
  • STUDY MEET IN THE SCHOOL AND WE THOUGHT IT WOULD BE NO PROBLEM
  • 00:17:11.020 --> 00:17:13.140
  • TO START. BUT IT TURNED INTO A PROBLEM WHEN THE PRINCIPAL SAID,
  • 00:17:13.150 --> 00:17:17.100
  • NO, YOU CAN'T HAVE IT. -THEY MAY NOT MEET UNDER THE PRESENT
  • 00:17:17.110 --> 00:17:20.240
  • RULING OF THE COURT OF APPEALS FOR THE 5TH CIRCUIT IF THAT
  • 00:17:20.250 --> 00:17:24.030
  • SPEECH INVOLVES SOME SORT OF RELIGIOUS THOUGHT. -SEKULOW,
  • 00:17:24.040 --> 00:17:27.190
  • BUT YOU WOULD MAKE THIS EXCEPTION TO YOUR CURRICULUM.
  • 00:17:27.200 --> 00:17:30.250
  • YOU WOULD CONSIDER IT TO BE PART OF THE CURRICULUM IF THE
  • 00:17:30.260 --> 00:17:34.180
  • STUDENT, IF THE SCHOOL IS DEVOTING A SUBSTANTIAL AMOUNT OF
  • 00:17:34.190 --> 00:17:37.230
  • ITS RESOURCES SPECIFICALLY TO RUNNING OR DIRECTING THE CLUB?
  • 00:17:37.240 --> 00:17:42.030
  • FOR INSTANCE IF IT DOESN'T HAVE A MUSIC COURSE, BUT HAS A SCHOOL
  • 00:17:42.040 --> 00:17:45.110
  • BAND AND PAYS A CONDUCTOR OF THE SCHOOL BAND? -YOUR HONOR, I SEE
  • 00:17:45.120 --> 00:17:50.160
  • MY TIME HAS EXPIRED. MAY I RESPOND? -YOU MAY ANSWER THE
  • 00:17:50.170 --> 00:17:52.120
  • QUESTION. -THANK YOU, CHIEF JUSTICE. IN THAT PARTICULAR
  • 00:17:52.130 --> 00:17:55.040
  • SITUATION, I THINK IT WOULD HAVE TO GO BEYOND JUST EXPENDING
  • 00:17:55.050 --> 00:17:59.050
  • RESOURCES. THERE WOULD HAVE TO BE SOMETHING MORE WHERE THERE
  • 00:17:59.060 --> 00:18:02.120
  • WAS INSTRUCTION GOING ON, OR ELSE, IN FACT, IT WOULD BE
  • 00:18:02.130 --> 00:18:04.210
  • NOTHING MORE THAN, IF YOU WILL, ANOTHER CLUB; THAT THERE WOULD
  • 00:18:04.220 --> 00:18:07.200
  • HAVE TO BE SOMETHING DURING THE CURRICULUM WHERE ACADEMIC CREDIT
  • 00:18:07.210 --> 00:18:10.030
  • WAS GIVEN, SUPERVISION OF A TEACHER, AND THESE TYPES OF
  • 00:18:10.040 --> 00:18:12.160
  • THINGS. AS JUSTICE SCALIA STATED, THAT'S SPECIFICALLY WHAT
  • 00:18:12.170 --> 00:18:15.130
  • THE EQUAL ACCESS ACT, AND GRANTED SOME OF THEIR POLICIES,
  • 00:18:15.140 --> 00:18:18.010
  • MANY OF THEIR POLICIES, WERE BEFORE THE ADOPTION OF THE ACT.
  • 00:18:18.020 --> 00:18:21.050
  • BUT I WOULD FIND IT VERY DIFFICULT TO HAVE, IN FACT, I'M
  • 00:18:21.060 --> 00:18:25.010
  • PERPLEXED BY A SCHOOL NOT ALLOWING A YOUNG DEMOCRAT AND A
  • 00:18:25.020 --> 00:18:28.080
  • YOUNG REPUBLICAN CLUB TO MEET ON CAMPUS. -THE ONLY THING YOU'VE
  • 00:18:28.090 --> 00:18:32.010
  • SAID SO FAR IS THAT IT HAS TO BE SORT OF A DIRECT RELATIONSHIP
  • 00:18:32.020 --> 00:18:35.070
  • AND THEN YOU LOOK AT THE LEGISLATIVE HISTORY AND YOU'RE
  • 00:18:35.080 --> 00:18:37.210
  • BOUND BY THE LEGISLATIVE HISTORY. -NO, YOUR HONOR,
  • 00:18:37.220 --> 00:18:39.260
  • ABSOLUTELY NOT. WHAT I AM SAYING IS THIS, LET ME DO THIS BY
  • 00:18:39.270 --> 00:18:42.170
  • EXAMPLE, FOR INSTANCE, -JUSTICE WHITE DOESN'T THINK MUCH OF
  • 00:18:42.180 --> 00:18:45.030
  • LEGISLATIVE HISTORY, MR SEKULOW. -I'VE HEARD THAT. [LAUGHTER]
  • 00:18:45.040 --> 00:18:48.060
  • -THERE ARE OTHER MEMBERS OF THE COURT THAT DON'T AS WELL. -I'VE
  • 00:18:48.070 --> 00:18:50.060
  • BEEN READING SUBVERSIVE LITERATURE. -YOU HAVE?
  • 00:18:50.070 --> 00:18:53.190
  • [LAUGHTER] -IN MERGENS, THE COURT SAID THAT WHEN STUDENTS
  • 00:18:53.200 --> 00:18:55.220
  • TALK ABOUT GOD, THERE IS NO VIOLATION OF THE, SO CALLED,
  • 00:18:55.230 --> 00:18:58.120
  • SEPARATION OF CHURCH AND STATE. THE COURT ALSO SAID THAT HANDING
  • 00:18:58.130 --> 00:19:01.160
  • OUT CHRISTIAN LITERATURE IS PROTECTED BY THE 1ST AMENDMENT.
  • 00:19:01.170 --> 00:19:04.150
  • -IT'S CALLED PRISTINE SPEECH. IT'S THE HIGHEST FORM OF 1ST
  • 00:19:04.160 --> 00:19:08.110
  • AMENDMENT ACTIVITY. THE DISTRIBUTION OF RELIGIOUS
  • 00:19:08.120 --> 00:19:11.060
  • LITERATURE ON A PUBLIC SCHOOL CAMPUS IS PROTECTED BECAUSE
  • 00:19:11.070 --> 00:19:14.120
  • RELIGIOUS LITERATURE DISTRIBUTION HAS ALWAYS BEEN
  • 00:19:14.130 --> 00:19:17.140
  • PROTECTED. THERE'S NO WAY, THAT'S WHAT THE WORLD SAID, THAT
  • 00:19:17.150 --> 00:19:21.110
  • YOU'D HAVE PRAYER AND BIBLE STUDIES BACK IN PUBLIC SCHOOL.
  • 00:19:21.120 --> 00:19:23.080
  • NO WAY. AND THEN THE DECISION CAME OUT. IT WASN'T JUST A
  • 00:19:23.090 --> 00:19:27.050
  • LITTLE VICTORY. IT WAS 8 JUSTICES OUT OF 9. WHAT DOES
  • 00:19:27.060 --> 00:19:30.270
  • THAT SAY? GOD ANSWERS THE PRAYER OF HIS PEOPLE. MERGENS, THAT WAS
  • 00:19:30.280 --> 00:19:38.160
  • THE BRIDGET MERGENS CASE, BOARD OF EDUCATION V. MERGENS IN 1990.
  • 00:19:38.170 --> 00:19:44.130
  • JUSTICE SCALIA AGAIN ASKING A LOT OF QUESTIONS. ALRIGHT, THIS
  • 00:19:44.140 --> 00:19:46.150
  • IS RAPID FIRE ROUND SO WE'RE GOING TO DO JUST THAT. WE'VE GOT
  • 00:19:46.160 --> 00:19:48.180
  • A COUPLE OF OPPOSING CALLS. LET'S TAKE THOSE. LOGAN SEKULOW:
  • 00:19:48.190 --> 00:19:50.290
  • TONY IN COLUMBUS, OHIO. LET'S TRY TONY. -HEY, TONY. -HELLO?
  • 00:19:51.000 --> 00:19:53.200
  • -YES, SIR. YOU'RE ON THE AIR. -YES, SO I GUESS MY QUESTION IS
  • 00:19:53.210 --> 00:19:58.100
  • WHEN WE KEEP, I KEEP HEARING THEM ASKING THE QUESTION DON'T
  • 00:19:58.110 --> 00:20:03.000
  • WE WANT AMERICA TO VOTE OR HAVE A SAY IN THIS ELECTION OF THE
  • 00:20:03.010 --> 00:20:07.100
  • NEXT SUPREME COURT CANDIDATE? HASN'T THAT ALREADY HAPPENED
  • 00:20:07.110 --> 00:20:11.180
  • WHEN THEY VOTED FOR OBAMA IN 2012? -WELL, LOOK, THE
  • 00:20:11.190 --> 00:20:15.120
  • PRESIDENT HAS THE RIGHT, UNDER THE CONSTITUTION, TONY, HE HAS
  • 00:20:15.130 --> 00:20:17.090
  • THE RIGHT TO NOMINATE. THE SENATE DOES NOT HAVE AN
  • 00:20:17.100 --> 00:20:20.000
  • OBLIGATION TO CONFIRM, HOWEVER. SO YOU'RE IN 11 MONTHS OF A
  • 00:20:20.010 --> 00:20:23.280
  • PRESIDENCY. WE HAVEN'T HAD A SITUATION LIKE THIS WHERE A
  • 00:20:23.290 --> 00:20:27.020
  • PRESIDENT HAS APPOINTED SOMEONE ACTUALLY APPOINTED SOMEONE WHO
  • 00:20:27.030 --> 00:20:31.020
  • THEN WAS CONFIRMED THE LAST YEAR OF THEIR PRESIDENCY. AND THE
  • 00:20:31.030 --> 00:20:34.200
  • DEMOCRATS PASSED A RESOLUTION IN THE SENATE IN 1960 OPPOSING THEN
  • 00:20:34.210 --> 00:20:39.100
  • PRESIDENT EISENHOWER HAVING THAT RIGHT TO APPOINT SOMEONE IN THE
  • 00:20:39.110 --> 00:20:43.230
  • LAST YEAR. SO THIS IS THE DEMOCRAT'S OWN MEDICINE HERE. IT
  • 00:20:43.240 --> 00:20:46.200
  • IS CHUCK SCHUMER WHO SAID WE WILL DO EVERYTHING WE CAN TO NOT
  • 00:20:46.210 --> 00:20:50.070
  • ALLOW ANOTHER BUSH NOMINATION TO THE SUPREME COURT AND THAT WAS,
  • 00:20:50.080 --> 00:20:54.100
  • OF COURSE, WITH 17 MONTHS LEFT, THAN, WHICH SHOWS THE DUPLICITY
  • 00:20:54.110 --> 00:20:57.260
  • OF WHAT'S GOING ON HERE. -WELL, RIGHT, THE PRESIDENTIAL ELECTION
  • 00:20:57.270 --> 00:21:01.010
  • WAS ONLY HALF THE EQUATION. THE OTHER HALF OF THE EQUATION,
  • 00:21:01.020 --> 00:21:03.200
  • WHICH HAPPENED AFTER THE FACT, WAS THE AMERICAN PEOPLE SENT A
  • 00:21:03.210 --> 00:21:06.080
  • SENATE THAT DIFFERS FROM THE PRESIDENT. THEY HAVE THE
  • 00:21:06.090 --> 00:21:09.130
  • PREROGATIVE TO OPPOSE ANY NOMINEE. JAY, IT'S ONE OF THE
  • 00:21:09.140 --> 00:21:12.110
  • BEAUTIFUL CHECKS AND BALANCES OF OUR IN GOVERNMENT. IT'S HOW YOU
  • 00:21:12.120 --> 00:21:14.270
  • CHECK AN OUT OF CONTROL EXECUTIVE. -YEP. -YOU SEND A
  • 00:21:14.280 --> 00:21:17.040
  • SENATE THAT WILL NOT ADVANCE HIS AGENDA. THAT'S WHAT'S HAPPENED
  • 00:21:17.050 --> 00:21:20.110
  • HERE. THE PRESIDENT CAN NOMINATE BUT THE SENATE SHOULD REJECT.
  • 00:21:20.120 --> 00:21:23.220
  • -ALRIGHT, SO WE'RE GOING TO GO AHEAD, WE'VE GOT TO DO THIS
  • 00:21:23.230 --> 00:21:26.070
  • RAPID FIRE, LOGAN. -LET'S GO TO JILL WHO'S CALLING FROM NEW
  • 00:21:26.080 --> 00:21:28.240
  • HAVEN, CT ON LINE FOUR. JILL, THANKS FOR HOLDING FOR 22
  • 00:21:28.250 --> 00:21:31.100
  • MINUTES. WE APPRECIATE IT. -HEY, JILL. -HI, THANK YOU SO
  • 00:21:31.110 --> 00:21:34.000
  • MUCH FOR ALL THAT YOU DO. AND IT'S REALLY SAD TO LOSE THIS
  • 00:21:34.010 --> 00:21:37.060
  • CONSERVATIVE VOICE. -YEAH. -AND I'M AMAZED EVEN TO HEAR
  • 00:21:37.070 --> 00:21:43.000
  • YOUR VOICE ARGUING AGAINST HIM. WE JUST APPRECIATE YOU SO MUCH.
  • 00:21:43.010 --> 00:21:46.180
  • -LET ME TELL YOU THIS, JILL, IT WAS MY PLEASURE FOR A QUARTER OF
  • 00:21:46.190 --> 00:21:50.110
  • A CENTURY TO APPEAR BEFORE JUSTICE ANTINO SCALIA. ONE OF
  • 00:21:50.120 --> 00:21:53.180
  • THE HIGHLIGHTS OF MY LEGAL CAREER, I'LL SAY THAT. -DID YOU
  • 00:21:53.190 --> 00:21:57.120
  • MENTION THAT EITHER WAY IF HE DOESN'T MAKE THIS, HE'S ALLOWED
  • 00:21:57.130 --> 00:22:01.190
  • TO MAKE A RECESS APPOINTMENT TO SERVE ONE TERM? -SO HE COULD DO
  • 00:22:01.200 --> 00:22:03.290
  • A RECESS, THAN, THE PRESIDENT COULD DO A RECESS APPOINTMENT
  • 00:22:04.000 --> 00:22:06.270
  • HERE. HE'S GOING TO TRY TO GET A LIFE TIME APPOINTMENT. I AGREE
  • 00:22:06.280 --> 00:22:09.270
  • WITH THAN. THAT'S GOING TO BE THE ATTEMPT. BUT THE REALITY IS,
  • 00:22:09.280 --> 00:22:12.050
  • IS AT THE END, HE COULD TRY A RECESS APPOINTMENT. -WELL, AND
  • 00:22:12.060 --> 00:22:15.220
  • IF HE DOES WAIT UNTIL NEXT WEEK TO NOMINATE THEM, JAY, I SUSPECT
  • 00:22:15.230 --> 00:22:18.100
  • THE HOUSE AND SENATE WILL NOT LEAVE AGAIN ON ANOTHER RECESS IN
  • 00:22:18.110 --> 00:22:21.110
  • ORDER TO PROHIBIT THAT. BUT HE CERTAINLY COULD IF THEY DID.
  • 00:22:21.120 --> 00:22:24.030
  • -THERE ARE A LOT OF THINGS YOU COULD SAY ABOUT JUSTICE SCALIA,
  • 00:22:24.040 --> 00:22:26.190
  • BUT OUR VIDEO TEAM HAS DONE A FANTASTIC JOB OF PUTTING
  • 00:22:26.200 --> 00:22:28.270
  • TOGETHER A VIDEO TRIBUTE TO THE MAN THAT WAS THE CONSERVATIVE
  • 00:22:28.280 --> 00:22:32.170
  • LION AT THE SUPREME COURT OF THE UNITED STATES. THE LATE JUSTICE
  • 00:22:32.180 --> 00:22:36.130
  • ANTONIN SCALIA.
  • 00:22:36.140 --> 00:22:38.270
  • [MUSIC]
  • 00:22:38.280 --> 00:22:42.190
  • -UNITED STATES SUPREME COURT JUSTICE,
  • 00:22:42.200 --> 00:22:44.030
  • ANTONIN SCALIA HAS DIED. -SCALIA WAS NOMINATED TO THE
  • 00:22:44.040 --> 00:22:49.140
  • U.S. SUPREME COURT IN 1986. -I'VE HAD THE HONOR OF
  • 00:22:49.150 --> 00:22:53.000
  • NOMINATING JUDGE SCALIA TO BE THE ASSOCIATE JUSTICE OF THE
  • 00:22:53.010 --> 00:22:56.190
  • UNITED STATES SUPREME COURT. -NOT MANY SUPREME COURT
  • 00:22:56.200 --> 00:22:59.230
  • JUSTICES BECOME FAMOUS. ANTONIN SCALIA IS ONE OF THE FEW. HE IS
  • 00:22:59.240 --> 00:23:04.150
  • ONE OF THE MOST BRILLIANT AND COMBATIVE JUSTICES EVER TO SIT
  • 00:23:04.160 --> 00:23:07.180
  • ON THE COURT. -FOR ALMOST 30 YEARS, JUSTICE ANTONIN NINO'
  • 00:23:07.190 --> 00:23:13.070
  • SCALIA WAS A LARGER THAN LIFE PRESENCE ON THE BENCH. -HE WAS
  • 00:23:13.080 --> 00:23:18.090
  • A TREMENDOUS CHAMPION OF LIBERTY AND FREEDOM. -A BRILLIANT LEGAL
  • 00:23:18.100 --> 00:23:23.230
  • MIND WITH AN ENERGETIC STYLE, INCISIVE WIT, AND COLORFUL
  • 00:23:23.240 --> 00:23:28.260
  • OPINIONS. -AMERICAN HERO, CONSTITUTIONAL GIANT,
  • 00:23:28.270 --> 00:23:33.010
  • CONSERVATIVE LION, -INFLUENCED A GENERATION OF JUDGES, LAWYERS
  • 00:23:33.020 --> 00:23:38.070
  • AND STUDENTS AND PROFOUNDLY SHAPED THE LEGAL LANDSCAPE.
  • 00:23:38.080 --> 00:23:42.260
  • -RONALD REAGAN BROUGHT THE CONSERVATIVE MOVEMENT BACK TO
  • 00:23:42.270 --> 00:23:46.090
  • THE PRESIDENCY. I THINK ANTONIN SCALIA, WITHOUT A DOUBT, BROUGH
  • 00:23:46.100 --> 00:23:49.130
  • THE CONSERVATIVE MOVEMENT BACK TO THE SUPREME COURT OF THE
  • 00:23:49.140 --> 00:23:53.180
  • UNITED STATES. -JUSTICE SCALIA DEDICATED HIS LIFE TO THE
  • 00:23:53.190 --> 00:23:58.010
  • CORNERSTONE OF OUR DEMOCRACY, THE RULE OF LAW. -SOMEONE OUR
  • 00:23:58.020 --> 00:24:02.010
  • COUNTRY OWES A DEBT OF GRATITUDE TO AND THAT IS ANTONIN SCALIA.
  • 00:24:02.020 --> 00:24:05.190
  • -I CANNOT THINK OF WHAT I WOULD DO FOR AN ENCORE. I CAN'T THINK
  • 00:24:05.200 --> 00:24:08.120
  • OF ANY OTHER JOB THAT I WOULD FIND AS INTERESTING AND AS
  • 00:24:08.130 --> 00:24:12.140
  • SATISFYING. -HE WAS A LEADING JURIST OF OUR LIFETIME ON THE
  • 00:24:12.150 --> 00:24:18.250
  • CASES THAT MATTERED MOST. WELL, THAT'S GOING TO DO IT FOR THIS
  • 00:24:18.260 --> 00:24:23.160
  • BROADCAST THIS WEEK. LET ME ENCOURAGE YOU TO JOIN ME, JOIN
  • 00:24:23.170 --> 00:24:25.220
  • MY FAMILY IN PRAYER FOR THE SCALIA FAMILY. AS I SAID DURING
  • 00:24:25.230 --> 00:24:30.050
  • THIS BROADCAST, I'VE KNOWN JUSTICE SCALIA FOR A QUARTER OF
  • 00:24:30.060 --> 00:24:32.140
  • A CENTURY. I'VE BEEN WITH HIM AT DINNERS. I'VE HAD HIM AT REGENT
  • 00:24:32.150 --> 00:24:36.150
  • UNIVERSITY LAW SCHOOL. I'VE HAD HIM IN MUTE COURTS. THIS IS A
  • 00:24:36.160 --> 00:24:40.010
  • MAN THAT'S GOING TO BE MISSED. I WILL TELL YOU, MY LEGAL CAREER
  • 00:24:40.020 --> 00:24:43.060
  • STARTED IN 1987 AND ONE OF THE VERY FIRST QUESTIONS EVER ASKED
  • 00:24:43.070 --> 00:24:48.030
  • OF ME AT THE SUPREME COURT OF THE UNITED STATES WAS BY JUSTICE
  • 00:24:48.040 --> 00:24:50.230
  • SCALIA. AND I JUST WANT TO SAY THAT FROM OUR FAMILY HE'S GOING
  • 00:24:50.240 --> 00:24:54.170
  • TO BE MISSED. I WILL TELL YOU THAT LOGAN AND JORDAN HAVE KNOWN
  • 00:24:54.180 --> 00:24:57.240
  • JUSTICE SCALIA SINCE THEY WERE 3 YEARS OLD, SO THIS IS A VERY
  • 00:24:57.250 --> 00:25:01.190
  • PERSONAL TIME FOR US. PRAY FOR HIS FAMILY AND PRAY FOR OUR
  • 00:25:01.200 --> 00:25:04.250
  • COUNTRY AND CONTINUE TO SUPPORT THE GOOD WORK AT TBN. TALK TO
  • 00:25:04.260 --> 00:25:09.010
  • YOU NEXT WEEK.
  • 00:25:09.020 --> 00:25:12.030