Observations of an Irishman: 6 things the new justice SHOULD say, but likely won't

July 12, 2018

MANDEL NGAN/AFP/Getty Images

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Last Monday night, President Donald Trump announced Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Over the coming weeks, we will get to witness a circus with politicians and the media competing with each other to see who can say the most outrageous thing about the candidate nominated and highlight who they would have nominated. We will then witness the main event – the hearings in the Senate where Kavanaugh will be asked questions with an agenda and a bias. Below are 6 things he (or any future nominee) should say, but will he?

Ideology

The folks in media on BOTH sides are looking for a nominee who shares their ideology. Our friends on the left want a nominee who is liberal and many of our friends on the right want a nominee who is a conservative. As the next Justice of the Supreme Court, I state clearly that while I have my own personal ideology and belief system, I will leave it at the door of the Supreme Court when I am working.

The idea of a Justice having and ruling with an ideology is wrong and not part of the job description – my job is to review cases, listen to all arguments and base my sole decision on whether the case is constitutional or not. My own opinions are irrelevant and at times may involve me ruling against my personal opinion.

Loyalty

Loyalty is a big word in politics and politicians love to demand it from people they help and nominate. As the next Justice, I should state I have no loyalty to any party, any ideology, or to any President; even to President Trump who nominated me. MY loyalty only belongs in one place – that is in the Constitution and in the oath I will take on a successful appointment, which in part reads:

I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same.

Loyalty to anything but the Constitution is going against the wishes of America's founders and not part of my job description.

Role of Government

During any confirmation hearing, you will hear questions from politicians who will bring up cases and prior rulings to gauge what side of the issue they share and to see how they rule. Would Kavanaugh show the courage to highlight the Constitution and remind those in the hearing that he won't always rule on their side, but he will enforce the Constitution that is violated on a daily basis by Congress? He should use the opportunity of a hearing to remind this and future governments that the Constitution calls for three co-equal branches of government and they all have very different roles on responsibilities.

The Constitution is very clear when it comes to the role of Congress – there are 18 clauses under Article 1, Section 8 of the Constitution which grants certain powers to the legislature and everything else is to be left to the states. If Congress passes a law that is not covered under those 18 clauses, would he vote against it and define it as unconstitutional? Likewise, the Constitution is very clear when it comes to the role of the Presidency. The role of the President has grown un-Constitutionally since President John Adams and 1797 Alien & Sedition Act. If any President acts outside the clear boundaries of Article 2, or decides to pass laws and act without Congress, would he vote against it and define it as unconstitutional?

Damaged Constitution

Will Kavanaugh point out one of the worst rulings of the Court - the ruling of Marbury v Madison in 1803? This increased the power of the Court and started the path of making the Court the sole arbiter and definer of what is and is not constitutional. We saw this with President Bush when he said (around 2006/2007) that we should just let the Supreme Court decide if a bill was Constitutional or not.

This is not the government America's founders had in mind.

Every two, four, and six years, new and returning members of Congress take an oath of office to preserve, defend, and protect the Constitution of the United States. Every member of Congress, the President, and the nine justices on the Supreme Court hold a duty and responsibility to decide on whether a bill is Constitutional or not.

America's founders were very clear about having three co-equal branches of government.

America's founders were very clear about having three co-equal branches of government. It's time members of Congress and the President start to take their oaths more seriously and the people demand they do.

It is wrong for someone to abdicate their responsibility but it also puts Americans in danger of tyranny as the Supreme Court has gotten many decisions wrong including the cases of Dred Scott, Korematsu and Plessy v Ferguson.

Decision Making

If you have ever listened to any argument before the Supreme Court, or even read some of the decisions, you will notice two common threads. You will notice the Constitution is rarely mentioned or discussed but what we call precedent or prior case law is discussed the most.

Will Kavanaugh clearly state that while he will listen to any and all arguments made before him and that he will read all the rulings in prior cases, they will only play a very small part in his rulings? If a law violates the constitution, should it matter how many justices ruled on it previously, what precedent that case set, or even what their arguments were? Would he publicly dismiss this and state their decisions will be based largely on the actual Constitution and the intent behind our founder's words?

Role of SCOTUS

Lastly, will Kavanaugh state that there will be times when they have to make a ruling which they personally disagree with or that will potentially hurt people? Despite modern thinking from people like Chief Justice Roberts, it is not the job of a Supreme Court Justice to write laws.

The sole job is to examine laws and pass judgment on their Constitutionality. A law can be passed in Congress and can have the best and most noble intentions, but those feelings and intent are irrelevant if it violates the Constitution.

Conclusion

When you watch the media over the coming weeks, how many of these points do you think will be debated on either side? When you watch the confirmation hearings, do you think Brett Kavanaugh will make any of these points?

Lastly, put yourself in the Oval Office. If you knew someone would make these points, would you nominate them? Would your friends and family?

Jonathon hosts a weekly one hour show exclusive to the Blaze Radio Network called Freedom's Disciple where he highlights the IDEA of America, promotes the eternal principles of freedom & and shares his passion of America's Founding documents. Please check out his show for FREE here.

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Bill O'Reilly: Trump's reelection chances depend on WHEN the coronavirus is under control

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The TRUTH about face masks and COVID-19: Here's what they're not telling you

'We'll get through it...it's in our American blood': 95-year-old WWII vet who survived coronavirus shares powerful message of hope

William "Bill" Kelly is 95-year-old World War II veteran from Oregon. He lived through the Great Depression.
He served in the South Pacific during World War II. And now he has just fought the coronavirus -- and won.

Bill joined Glenn Beck on the radio program Thursday to share his experience and a hopeful message about why the younger generations can overcome this crisis.

"I want to tell the people, it wasn't pleasant, but on the other hand, you know, if you do what you're supposed to do, and you have some loved ones around you, and do a lot of praying, why, you'll come through okay. We [American's] have been through a lot. We've been through Pearl Harbor. We've been through the Great Depression, and who knows what else. We're tough. We'll get through it. Hang in there," Bill said.

"You know, it's just -- it's in our American blood," he added. "We're that type of people. We take care of each other, and we are not going to break down. We're going to make it through, every time. Every time."

"There are people that don't think we are those people anymore. That it was the greatest generation -- your generation -- that did it, but now we're not the same people. Do you agree with that? Glenn asked.

"No," asserted Bill. "And the reason I say that is because I remember when I was a young kid, you know, and people, the older people, said 'all those young kids are soft' ... but when we were attacked at Pearl Harbor -- sneak attack, you know -- it's surprising how those so-called goofy kids turned into mighty fine fighting people. And they're very loyal. I have lots of faith in them ... no, I don't have any problems with this new generation. They'll take care of us. We're Americans."

Watch the video below to catch more of the conversation:

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CORONAVIRUS UPDATE: April 2nd

Glenn gives the latest coronavirus numbers, updating YOU on everything needed to know as Americans and officials monitor China's new COVID-19 virus:

Daily Stats as of 5:30 AM CT (from John's Hopkins)

Total Confirmed Cases Worldwide: 950,638 (up from 872,891 Yesterday)
Total Deaths Worldwide: 48,289 (up from 43,271 Yesterday)
Total Confirmed Recovered Worldwide: 202,631 (up from 184,588 Yesterday)
5% of Active Cases are considered serious (requiring hospitalization) Steady from 5% Yesterday, but down from 19% high back in February
Note that 12% of US Confirmed Cases require Hospitalization, roughly on par with Italy at 12% requiring hospitalization
US has 215,344 Confirmed Cases and 5,112 Deaths, up from 188,592 cases and 4,056 deaths yesterday
COVID-19 is now the 3rd leading cause of death in the US, behind Heart Disease and Cancer (based on daily fatalities per 1,000 people)
The United States of America now leads the world in total confirmed cases, with 115,000 more cases than Italy (although Italy leads the world in Deaths with 13,155 officially dead)
US is 25th in Total Confirmed Cases per 1 Million Population, with 651 cases per 1 Million people. Spain has 2,583 Cases per 1 Million people.
US is 23rd in Total Confirmed Dead per 1 Million Population, with 15 Dead per 1 Million citizens. Italy has 218 Dead per 1 Million.
US has 5,112 Dead vs 8,878 Recovered and 5,075 in Critical Condition
The US currently has 201,354 Active Cases of COVID-19, with still less than 1% of the total US population tested.
17% of Americans who have been tested have been diagnosed with COVID-19

COVID-19 Now Killing Victims Who Don't Have COVID-19 https://nypost.com/2020/04/02/coronavirus-nyc-emts-stop-taking-cardiac-arrest-patients-to-hospitals/

EMTs in New York have been given a directive not to transport heart-attack victims to hospitals if they cannot be revived at the scene.
Prior cardiac arrest victims would have been transported to hospitals for further life-saving procedures, but with hospitals being overwhelmed with COVID-19 patients, heart attack victims are solely in the hands of local EMTs. If EMTs cannot restore a pulse at the scene, victims are to be left there to die.
"Artificial ventilation and/or compressions must not be delayed," the memo states, adding that chest "compressions must begin as soon as it is determined the patient does not have a pulse."
But the guidelines change if the patient cannot be revived before arriving at a hospital.
"In the event a resuscitation is terminated, and the body is in public view, the body can be left in the custody of the NYPD."

China Lied, People Died Trending on Social Media https://www.bloomberg.com/news/articles/2020-04-01/china-concealed-extent-of-virus-outbreak-u-s-intelligence-says

US Intelligence Services has concluded what the Internet has known since January: The Chinese Communist Party lied about total infected and total deaths due to Coronavirus.
Citing a report provided to the White House last week, officials confirmed that US Intelligence concludes 'gross' underreporting of total cases and total deaths, especially from Hubei Province.
Many have speculated that numbers coming out of China, Iran, North Korea, Russia and other totalitarian countries have been dramatically underreported, by as much as a factor of 10 according to official British Intelligence reports.
The early misrepresentation of data by the CCP may have lead some Western Politicians and epidemiologists to underestimate the seriousness of COVID-19 and delayed response in Italy, Spain, the UK and the US.
Though why anybody would have believed anything the Chinese Communist Party had to say remains an open question...

Italy's Death Toll Far Higher Than Reported https://www.msn.com/en-us/news/world/italys-coronavirus-death-toll-is-far-higher-than-reported/ar-BB122vvc

In the town of Coccaglio, an hour's drive east of here, the local nursing home lost over a third of its residents in March. None of the 24 people who died there were tested for the new coronavirus. Nor were the 38 people who died in another nursing home in the nearby town of Lodi.
These aren't isolated incidents. Italy's official death toll from the virus stands at 13,155, the most of any country in the world. But that number tells only part of the story because many people who die from the virus don't make it to the hospital and are never tested, therefore they aren't included in official numbers.
"They were all sick, they all had flu-like symptoms and difficulty breathing," stated a nurse from one of the nursing homes. "We had no ambulance to get them to Milan."
In the areas worst hit by the pandemic, Italy is undercounting thousands of deaths caused by the virus, a Wall Street Journal analysis shows, indicating that the pandemic's human toll may end up being much greater, and infections far more widespread, than official data indicate.
As stretched and sometimes overwhelmed hospitals fight to save their patients, many other people die unseen and uncounted, including elderly people in out-of-the-way locations.
In addition, the health-care crisis can lead to a surge of deaths from other causes that would normally be treatable.
"There are many more dead from the virus than are officially declared... People died and they were never tested because time and resources are limited," Eugenio Fossati, deputy mayor of Coccaglio, says of deaths caused by the virus.

More Numbers Hard to Trust as Bodies Left On The Streets in Ecuador https://www.scmp.com/news/world/americas/article/3078077/coronavirus-bodies-are-being-left-streets-ecuador

Coronavirus: bodies are being left on the streets in Ecuador.
'They fall in front of hospitals or in back street alleys, or in small villages…no one wants to recover them,' says the mayor of Ecuador's largest city.
The army is placing unclaimed bodies in refrigerated cargo containers at the port while authorities pursue plans for a new cemetery.
The corpses have been overwhelming Guayaquil, a port city of 2.8 million at the epicenter of the coronavirus crisis in Ecuador.
Over the last few days, several were wrapped in plastic and left on the streets. Others have lain unclaimed in hospitals and clinics that have been overwhelmed by infections. The city morgue is full.
The majority of the dead are believed to be victims of the virus, but nobody can say for sure how many. There has been little testing.
The country has confirmed 2,700 infections and 93 deaths - 60 of them in Guayaquil and its immediate surroundings. But municipal officials there said they have recovered at least 400 bodies in the last 3 days.
Mayor Cynthia Viteri, who announced that she has also tested positive for the virus, said the national government should be responsible for collecting the corpses.
"They're leaving them in the villages, they are stacked in front of hospitals," she said in a Twitter video message to residents late last week.
Many local villages in Ecuador are simply burying the dead in unmarked graves, which will make official counting of COVID-19 victims impossible in the weeks ahead.

50% of Viral Spread Comes from People With No Symptoms https://www.cnn.com/2020/04/01/health/us-coronavirus-updates-wednesday/index.html

Researchers in Iceland have confirmed earlier reports from Hong Kong that a significant amount of viral spread is caused by carriers who have no symptoms.
In the US, Doctors at the CDC have confirmed asymptomatic spread, but estimate a number of about 25%.
If true, then the case for all persons to wear masks, even those who don't have symptoms, becomes much stronger.
To prevent further spread, the top infectious disease expert in the US says health officials are reconsidering guidance on face masks.
Dr. Anthony Fauci said he would "lean towards" recommending that the general public wear face masks "if we do not have the problem of taking away masks from the health care workers who need them. The public can stay home to avoid infection, but health care workers cannot," he said.
"We're not there yet, but I think we're close to coming to some determination," Fauci said.

Ship vs Train... Ship Wins https://abc7.com/usns-mercy-coronavirus-train-crash-derailment/6069395/

A Locomotive Engineer in Los Angeles has been charged with 1 Count of "Train Wrecking", a Class A Felony under Federal Law, after purposely derailing his freight train while attempting to sink the US Hospital ship Mercy.
Eduardo Moreno, 44, intended to hit the ship, saying he thought it was "suspicious" and did not believe "the ship is what they say it's for.'"
Moreno admitted to crashing the train intentionally but said he did not plan it out in advance. It is believed that he acted alone.
He allegedly made statements to a CHP officer that included "You only get this chance once. The whole world is watching. I had to. People don't know what's going on here. Now they will."
Officials say video from inside the train's cab shows Moreno holding a lighted flare during the incident.

Biggest Issue With COVID-19 in Malaysia: Nagging Wives https://www.npr.org/2020/04/01/825051317/dont-nag-your-husband-during-lock-down-malaysias-government-advises-women

Malaysia has the largest number of COVID-19 cases in Southeast Asia with more than 2,900 and counting.
This week, Malaysia's government also had a serious public relations issue after an ill-conceived plan went online.
Malaysia's Ministry for Women, Family and Community Development issued a series of online posters on Facebook and Instagram with the hashtag #WomenPreventCOVID19. It advised the nation's women to help with the country's partial lockdown by not nagging their husbands.
The ministry also advised women to refrain from being "sarcastic" if they asked for help with household chores.
Additionally, the Ministry urged women working from home to dress up and wear makeup.
After some negative response on social media, the public service messages have been removed from the Ministry's Facebook page.

'I want to go right into the hurricane': MyPillow CEO Mike Lindell is NOT afraid to speak out about his faith

MyPillow inventor and CEO Mike Lindell was lambasted by the left and mainstream media after he announced at a White House press briefing on Monday that his company will start making tens of thousands of masks to fight against the spread of coronavirus. Lindell also thanked God for President Donald Trump and encouraged Americans to turn back to God in this time of crisis.

Read the details here.

Whether it was his support for President Trump or strong religious beliefs, no one has lit up the media quite like Mike Lindell. He joined Glenn Beck on the radio program Monday to talk about the president, the 'horrible, crazy media' and how he's not afraid to keep speaking out about his faith.

"I think people are going to quit being brainwashed by this horrible, crazy media -- they know who they are -- and the public is going to see the amazing job that our president is doing," Lindell said. "I've done interview after interview today. I'm taking all the bad ones on -- I think I'm going on 'The View' tomorrow I love it. I want to go right into the hurricane. Finally, I get to speak out for Jesus like I want to."

Watch the video below to catch more of the conversation:

Want more from Glenn Beck?

The next pandemic: Suicide during COVID-19 crisis

Pixnio

News broke that German Finance Minister Thomas Schaefer reportedly committed suicide on Saturday due to the stress from the economic climate during the coronavirus crisis. Unfortunately, this headline may become more common place. Concerns are far beyond those of just hand washing, finding toilet paper and the latest White House briefings. There may be a secondary crisis growing — mental health and suicide.

Messages fill my inbox daily from parents worried about their teens showing signs of risk of suicidal ideation. Spouses concerned about the toil recent layoffs will have on their partners. Elderly family members are also vulnerable.

Last week, news a father of three dying by suicide made me want to scream to the world – "LISTEN!" We are losing too many of our human family. And I am afraid with COVID-19 on the scene, we are going to lose more than ever.

During the past six years — following the suicide of my 40-year-old sister — my mission has been to bring awareness and help prevent suicide. Everyone is exposed to suicide. You either struggle with depression/anxiety, you love someone that struggles, or like me, you have already lost someone to suicide. That is literally everyone on the planet. Bigger numbers than even the virus.

Little known fact. Springtime is a peak season for suicides. Even compared to the holidays.

So, pile on the constant stream of news, stats about COVID-19 deaths and a lock down on social distancing, even the most emotionally skilled individual may be drowning in vulnerability and at risk.

What can be done?

Social distancing, not isolation

Even though we are standing 6ft apart in the grocery stores, and no longer going to church together, humans need connection to survive.

Free communication apps like Marco Polo are a great way to not hide behind a text. Whether it is on video chat or old fashion letter writing, making connection a priority is crucial for our survival.

Emotional check-in

The new normal seems to be changing by the hour. It is hard to keep up, recalibrating with all the change. Just like the importance of taking temperature to check for virus symptoms, we need to monitor our emotional temp. Try the one word check-in, at dinner time, simply by asking, "How am I feeling today?" It can be a great barometer.

Naming our feelings keep them tamed.

It's Ok to not be Ok

It is crucial to our survival to frame this crisis with a mental health back drop. Suicide, depression and anxiety concerns should be at the top of the STAY HOME and STAY SAFE list. If you find yourself feeling helpless or having thoughts of self-harm, please reach out for additional support. Therapists are using online formats to serve their clients. Call your doctor or one of the many 1-800 numbers.

No one is an extra, disposable member of our human family.

If you are reading this and struggling. Please remember, we will never be better without you. No one is an extra, disposable member of our human family. We will make it thru this COVID-19 crisis stronger and closer than before. No longer will we take hugging our neighbor for granted.

And maybe, just maybe we will someday find the vaccine that stops suicide virus from spreading.

Ganel-Lyn is a public speaker, media personality & author

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