Barrett highly qualified and Democrats will still attack her!

 Weekly Opinion Editorial

BIDEN SHOULD REVEAL HIS PICK FOR SCOTUS!

by Steve Fair

     On Saturday, President Trump nominated federal appellate Judge Amy Coney Barrett to fill the Supreme Court vacancy created when Justice Ruth Bader Ginsburg died.  Barrett, 48, clerked for Antonin Scalia in the late 90s, teaches law at Notre Dame, is mother to seven children, and a devout Catholic. She subscribes to the ‘original intent’ view of interpreting the U.S. Constitution like her mentor Scalia.  If confirmed, she would be the first justice to have school age children.  She would also be the youngest member of the court.

     On Sunday, Sen. Lindsay Graham, (R-S.C.) said hearings in the Senate Judiciary committee will begin on October 12^th.  He said the hearings will take two weeks, which would make a floor vote to confirm possible before the November 3^rd election.  Scheduling of that vote would be up to Sen. Mitch McConnell, (R-KY).  Four observations:     

     First, attacking Barrett will prove problematic for Democrats.  That doesn’t mean they won’t pounce in the hearings, but attacking a woman, a mother, and a clearly qualified nominee might backfire.  Even some liberals don’t question Barrett’s credentials.  Their concern is she will be a conservative on the court that could potentially rule ‘constitutionally’ on Obamacare and abortion.  Sen. Kamala Harris, (D-CA), the Democrat’s nominee for VP, is on the judiciary committee.  She was the attack dog at Brett Kavanaugh’s confirmation hearings.   Expect Barrett’s hearings to be partisan and mean-spirited.  Even though it is against federal law to discriminate based on religion, expect Democrats to attack Barrett’s Christian worldview.

     Second, Democrats can’t stop Barrett being confirmed.  There are 53 Republicans in the Senate.  Only 2 have said they would vote against confirmation.  Surprisingly, Sen. Mitt Romney, (R-UT) has said he would vote to confirm.  All 45 Democrats and the 2 Independents have said they would oppose confirmation (talk about group-think).  Confirmation requires a simple majority, so Democrats can do little more than scream ‘unfair’ when they lose.

     Third, President Trump’s legacy is secured with this third confirmation.  Win or lose in November, Trump will leave his mark on America through the Supreme Court.  His three nominee’s average 51 years old and will likely serve on the court for decades.   If re-elected, Trump could fill a couple of more seats on the SCOTUS, which would be the most since FDR.

     Fourth, Democrats have already floated the idea to expand the court. In a conference call with the Senate Democrat caucus, minority leader Sen. Chuck Schumer, (R-NY), said, “nothing is off the table if Republicans try to fill the seat.”  That includes adding justices to the court to offset the conservative/originalist members.  The last time the court was expanded was in 1837 when Andrew Jackson was president, when they added two members to bring the court to its current number of nine.  Packing the court would face stiff opposition, but Democrats have little choice if they expect to dilute the conservative bent.

     On Tuesday, the first of three presidential debates will be held.  Expect the opening on the SCOTUS to be discussed.  Vice President Biden will attack President Trump for nominating Barrett.  A fair question would be who Biden would have nominated if he were POTUS.    

DEMS WOULD FILL THE SEAT!

 Weekly Opinion Editorial

REPUBLICANS SHOULD FILL POST!

by Steve Fair

     On Friday, Supreme Court Justice Ruth Bader Ginsburg died.  She was 87.  Appointed to the high court in 1993, she was a passionate advocate for gender equality.  Reportedly her final words to her granddaughter was that seat not be filled until after the 2020 presidential election was decided.  In a year when the POTUS was impeached, a worldwide pandemic has dominated lives, civil unrest, and multiple hurricanes, 2020 just got more dramatic.  Three observations:

      First, Ginsburg was a proud, passionate, consistent liberal on the court.  Much has been made of her unlikely close friendship with the late Justice Antonin Scalia.  While they were close friends, they seldom voted together.  Most judicial scholars agree there are two basic approaches to interpreting the Constitution: textualism/ originalism, and the living constitution model.  Originalism treats the constitution like a statue and gives it the meaning that its words were understood to bear when it was written.  Those who believe the document adapts to the times and takes on different meanings, depending on when it is interpreted subscribe to a living document approach. Scalia was an originalist; Ginsburg believed the document was living.   The living model doesn’t interpret the law, it legislates from the bench.

    Second, the sudden opening on the court creates a major political squabble.  Democrats are saying the opening shouldn’t be filled until after the November general election, Republicans say it should be filled.  Back in 2016, after Scalia’s death, Republicans argued that slot shouldn’t be filled until after the election, but circumstances were different.  Republicans controlled the Senate and President Obama’s nominee to the court, Garland Merrick, was never voted on.   Make no mistake, if Democrats had controlled the Senate in 2016, they would have filled the position while President Obama was still in office.  Elections have consequences and the Party in the majority wields the power.  Using that power is part of the political process.

     Third, there is no guarantee President Trump’s nominee can get confirmed and it has nothing to do with the short timeline.  51 votes are required to confirm.  There are 53 Republican senators.  Three( Collins of Maine, Murkowski of Alaska and Grassley of Iowa) have already said they would vote to not hold hearings and take a vote on a Trump nominee until after the November election.   Romney of Utah will likely not support.  But there are Democratic senators on the November ballot in Republican leaning states.  They will face serious pressure from voters to support filling the slot.  It’s possible to get to 51, but it will be a challenge. 

     In the last 45 years, the average amount of time from appointment to vote for a justice on the high court is 67 days.  It is 45 days until the general election.  In 1993, Ruth Bader Ginsburg was confirmed 42 days after her appointment, so it can be done.   

     In the coming weeks, the American public will be swamped with talk about the ‘right thing to do’ in regard to the opening.  Ginsburg’s dying words will be cited as a reason to wait.  Democrats will claim Ginsburg’s seat on the high court is ‘their seat.’  That is not true- it belongs to all the people.  Republicans control the U.S. Senate and they should use the power given them to quickly hold hearings and schedule a floor vote.  If the roles were reversed and Democrats had control of the Senate, they would have already started the process. 

NO MATTER YOUR POLITICS, EVERY AMERICAN SHOULD FIGHT FOR OTHERS RIGHT TO BE WRONG!

 Weekly Opinion Editorial

THE RIGHT TO BE WRONG!

by Steve Fair

     On Thursday of last week, Los Angeles Superior Court Judge Mitchell L. Beckloff directed Grace Community Church to require congregation members wear masks and practice physical distancing if the house of worship decides to hold ‘outdoor’ services.  His 22 page decision directed the church to refrain from holding ‘indoor’ services due to the COVID-19 pandemic.  On Sunday, Grace Community Church in Sun Valley was packed and Pastor John MacArthur opened the service by listing the many health measures the restriction involved.  He stated if the church complied with all the requirements, it would ‘shut the church down.’  MacArthur and the church have been under attack by Los Angeles county because they are holding indoor services defying the county’s ban on large gatherings.  Three observations:

     First, Los Angeles County’s ban on large gatherings is unconstitutional.  America is a free open society and the Constitution grants individual citizens rights.  It is not government’s job to protect citizens from themselves.  While not attending large gatherings might not be a prudent decision if you are in an at-risk category, the decision is entirely up to the individual.  Until the constitution is amended to grant government that authority, any mandate against large gatherings is a power grab.  Interestingly, LA County allows large gatherings of protesters to assemble.  Grace Community has vowed to appeal the judge’s ruling and will likely win if the judiciary follows the Constitution.

     Second, God’s mandate overrides any government mandates.  God commanded the church to assembly for worship in His word.  Will assembling facilitate the spread of COVID-19 in LA?  Only God knows that but obeying God’s mandate to assemble is fundamental to believers.  Believers do many things that seem foolhardy and reckless to dissenters (tithing,praying,assembling), but they do it because they are focused on the eternal, not the temporal. They don’t fear death.  God’s word says the Gospel is foolishness to those who don’t believe, so it’s no surprise authorities think churches are being obstinate by not complying with their edict.

     Third, the message of redemption preached from pulpits is desperately needed in these challenging times. Silencing the preaching of the gospel- even temporally- will have more long term negative impact on America than COVID-19.  The Gospel is more important than any protest.  It is more important than any directive from government.

     It is inconsistent for Los Angeles County to continue to allow large gathering of protesters to assembly, but not allow a church to assemble.  It reveals a bias toward the motive and message of those assembling.  Both have the fundamental Constitutional right to peaceably assemble.  If this order is allowed to stand, it threatens not just the freedom to worship in America.  This situation is much bigger than COVID-19.  It is an attack on America’s rule of law.  It is an attack on our founding document.  Whether you agree with Grace Community’s decision to hold in door worship services or not, every American, no matter their political position, should fight for their right to do it.  The right to be wrong is a fundamental tenet of America. This isn’t about just the freedom to worship- it is an attack on our way of life.

Democrats are against gerrymandering- UNLESS it favors them!

 Weekly Opinion Editorial

DEMS FOCUS ON REDISTRICTING!

by Steve Fair

        Redistricting is done every ten years.  It involves redrawing Congressional district lines to insure all 435 representatives have approximately the same amount of constituents.  Federal redistricting is done by the state legislature, who also draw their own legislative district lines.  There are 101 state house districts and 48 state senate districts in Oklahoma. Redistricting is always a controversial process.

     Earlier this year, a group called People Not Politicians filed an initiative petition to get redistricting on the November ballot.  They proposed having a group of appointees oversee the redistricting process to cut out gerrymandering.  Seven ‘blue’ states have it in their constitution.  Before the group started gaining signatures, the language of the petition was challenged.  The state Supreme Court struck down the petition.  The group changed the language but ultimately pulled the petition in July.  “Between the unnecessary lawsuits by politicians and delays due to the COVID-19 pandemic, we are unable to make the ballot this year, and have thus withdrawn SQ810," People Not Politicians Executive Director Andy Moore said.  Three observations about redistricting;

     First, elections have consequences.  The Party in power gets to wield that power and that includes drawing lines in redistricting.  That is the way it has always been and the way it should be.  Elected officials are accountable to voters- appointees to their appointer.  The Democrats controlled Oklahoma government for almost a century.  There was no complaint about redistricting being unfair during that 100 years.  What changed?  Clearly it was when Republicans gained control of state government.  The redistricting process is not broken in Oklahoma.  It doesn’t need to be changed.   

     Second, redistricting is a national Democrat priority.  Former AG Eric Holder is Chairman of the National Democratic Redistricting Committee (NDRC).  Their stated purpose is to ‘execute a comprehensive redistricting strategy that shifts the redistricting power in a way that it creates fair districts where Democrats can compete.’  Fair meaning drawn where Democrats win, not just compete.  NDRC has targeted 13 states with the objective of flipping the state legislature to Democrat so they control redistricting.  Two of those states- Texas and Kansas- border Oklahoma.  This organization cares little about fairness- they want to win elections.  It is partisanship packaged as impartiality. 

     Third, Republicans had their own redistricting initiative.  Ten years ago, the GOP flipped 20 state legislative chambers nationally, seizing control of district mapmaking in many states after the decennial census. Oklahoma had flipped in 2008.  The emphasis on redistricting cemented Republican dominance at the state and congressional levels for most of the last decade.  To not take the Democrat strategy seriously is a mistake, because it worked for the GOP. 

     Redistricting can be a difficult task, even for the Party in power.  Districts have to be contiguous- which means ‘touching.’  They have to have a certain number of people.  Incumbents are involved and seldom are two incumbents drawn into a district.  Both the state senate and house appoint committees to put together a proposal for redistricting to present to the whole chamber.  Communities lobby to keep a lawmaker who has been an effective voice for their cause.  The word ‘gerrymandering’ is continually heard from the Party not in power.  Not everyone will be pleased with redistricting, but under Oklahoma’s current system, voters can hold those who draw the lines accountable.  

Republican Convention Appealed to Average, Everyday American!

 Weekly Opinion Editorial

GOP CONVENTION RECAP!

by Steve Fair

     Last week was the 2020 Republican National Convention.  Originally planned for Charlotte, NC and then moved to Jacksonville, FL and then canceled due to COVID-19, the ‘business’ portion of the convention was in Charlotte on Monday.  336 of the 2,550 duly elected delegates cast the ballots of their state’s delegates by proxy unanimously for President Trump and Vice President Pence.  Both then spoke to the group.  The GOP platform from 2016 was rolled over to 2020.  After the business portion was complete, the convention then moved to Washington and the Mellon auditorium.

     In four days, the Grand Ole Party had 70 speakers, including the two nominees.  Some of the more notable and memorable ones were: U.S. Senator Tim Scott, (R-SC), Alice Johnson(a criminal justice reform activist who served 21 years in jail), Rep. Jim Jordan, (R-Ohio), Ann Dorn(a St. Louis police captain’s widow), Andrew Pollack(daughter was killed in school shooting),  Nicholas Sandmann(a young man harassed for wearing a MAGA cap), Jon Ponder(former felon who runs a non-profit to help former inmates), First Lady Melania Trump, and Vice President Mike Pence.  Four of President Trump’s children spoke as well as a daughter-in-law.  Three observations: 

     First, law and order will be a major theme of the 2020 Trump campaign.  Several speakers spoke of President Trump’s support of law enforcement.    None more compelling than Pat Lynch, president of the NYC police union.  “There is no other choice than Donald Trump when it to the safety of all Americans,” Lynch said.  Lynch criticized Democrats of walking about from police when they voted to defund.  “They have made it hard for officers to do their jobs effectively,” Lynch said.  This issue puts a squeeze on Biden.  The radical left wing of the Democratic Party is preaching defunding- the more moderate wing law and order.  Biden needs a united Party to win.  Law and order is a winning issue for Trump.

     Second, Trump is not conceding the minority vote in 2020.  From Secretary Ben Carson to Senator Tim Scott to U.N. Ambassador Niki Haley, the convention featured more people of color than the traditional Republican convention.  Trump has found support among those demographics because he has not ignored them.  For years, Republicans ignored African-American voters because they didn’t vote for Republicans and African-American voters didn’t vote for Republicans because they ignored them, creating a self fulfilling prophecy.  The minority speakers made a case based on what Trump has done for their communities in his first term.

     Third, the thin line between government and campaigning has vanished, if it ever existed.  Both the president and the first lady spoke from the White House.  Critics claim Secretary of State Mike Pompeo’s speech from Jerusalem, while on official business, was a violation of the Hatch Act, a law prohibiting federal employees from engaging in political activities.  The president and vice president are exempt from the Hatch Act, however the President did perform two official duties during the convention.  He signed a Presidential Pardon for Jon Ponder and spoke to five naturalized citizens after they were sworn in.  That thin line between governing and campaigning vanished.  Other incumbent presidents have used the office as a campaign backdrop, but never to this extent.  The genie is out of the bottle and expect future presidents to do the same.

     President Trump’s Thursday evening acceptance speech outlined his plan for the next four years.  It was substantive, but the POTUS wasn’t as fired up as normal.  The speech was too long(70 minutes).  The reported viewership was slightly less than Joe Bidens’, but he did not get a bump in the polls after his speech.  Expect Trump to get a substantial bump.  Last week’s GOP convention had an average everyday  American appeal- unlike the Democratic convention, which pandered to the radicals. 

DEMOCRAT CONVENTION ENCOURAGES BASE TO GET OUT TO VOTE!

 Weekly Opinion Editorial

LIGHT NEEDED IN AMERICA

By Steve Fair

     Last week, the Democrats held their nominating convention.  Because of COVID-19, it was held by virtual means.  The theme was, “Uniting America.”  257 speakers addressed the convention.  Former Vice President Joe Biden, the nominee, accepted the nomination on Thursday evening.  "Here and now I give you my word. If you entrust me with the presidency, I will draw on the best of us, not the worst. I will be an ally of the light, not the darkness. It is time for us, for we, the people, to come together," Biden said, just before he formally accepted the nomination.  On Sunday, The New York Post reported the line was lifted from the final letter written by a dying Canadian politician, Jack Layton. 

     Biden has been accused of plagiarism multiple times.  In 1988, his presidential campaign was derailed after it was revealed he had used the same lines as Neil Kinnock, leader of the British Labour Party in a speech.  His campaign never recovered and he dropped out of the race. 

     Three observations about the Democratic convention:

     First, the real theme appeared to be More Taxes.  Every speaker hit on how much more revenue government was going to need to pay for health care and job training and a dozen other social programs for all Americans.  No speaker talked about personal responsibility or reducing the footprint of government.  They all said the rich should be taxed more to redistribute the wealth to the non-rich.  Former Mayor Bloomberg, a billionaire, said Biden would increase his taxes and that was fine with him. 

     Second, the convention was long on philosophy and short on policy.  Political nominating conventions are staged to fire up the base and to put on a good show for the general public.  They are short on specifics and long on emotion.  They tend to attack the other Parties’ nominee and paint their nominee as a candidate for sainthood.  Viewership of the Democratic convention started out lower than 2016, but recovered on Thursday evening.  Nearly 25 million tuned in to view Biden’s speech Thursday.  He delivered what many said was the best speech of his life.  But like the convention, it was more philosophical than substantive.

     Third, the Democrats are trying to appeal to people of faith.  For the past several years, people of faith have voted overwhelmingly for Republicans over Democrats.  According to Pew Research, 75% of voters who describe themselves as evangelical or born again Christians (a group that includes Protestants, Catholics and members of other faiths) voted for Republicans in the 2018 mid-terms.  Apparently, Biden is not conceding the large block of evangelical voters, like his predecessors.  His Thursday evening speech had a definitive spiritual overtone.  He described President Trump’s vision for America as darkness, his as light.  Biden is right.  The answer to America’s problems is light, but it is not his light or Trumps.  It is the light of Jesus Christ. 

     This week is the GOP convention.  There will be about 70 speakers, far less than the Democrats.  President Trump is expected to participate every night. The convention theme will be “Honoring the Great American Story.”  It will have its fair share of hoopla and hype, but hopefully President Trump will present his vision for America if elected to a second term.  With voters stuck at home, the opportunity to provide specifics on policy shouldn’t be wasted.

BIDEN HAS STRUGGLED IN PAST DEBATES!

 Weekly Opinion Editorial

TRUMP SHOULD HIGHLIGHT ACCOMPLISHMENTS

by Steve Fair

      The 2020 presidential debates have been set.  The Commission on Presidential Debates(CPD), a nonprofit established in 1987, sponsors the debates.  There are three presidential debates scheduled.  The first is scheduled for Tuesday September 29^th in Cleveland, OH.  The second for Thursday October 15^th in Miami, FL and the third, just a week later(October 22^nd) at Belmont University in Nashville, TN.   There will be one vice presidential debate.  It will be held on Wednesday October 7^th in Salt Lake City, UT.  With President Trump trailing in recent polls and the pandemic limiting traditional campaigning, the debates would appear to take on more importance.  Some are saying Biden will be a no-show for the debates, but that is not likely.  Three observations:

     First, Vice President Biden is not a strong debater.  During the Democrat primary debates, he would attempt to cram an hour of facts into a five minute response.  He often lost his train of thought and would stop mid-sentence when told his time was up.  Biden has never been a good debater.  He doesn’t think on his feet well.  During the Democratic primary debates, he didn’t present himself well, which contributed to his not securing the nomination as quickly as he had hoped.  It’s fair to say, debating is not his strong suit.  During the Democrat primary debates, Biden often looked uncomfortable and disengaged and that was with a stage of seven people.

     Second, President Trump is a fair debater- much better at it than Biden.  The POTUS’ greatest strength is he can think on his feet.  Whether you agree with him or not, he does handle himself well on a stage.  His style is far from traditional, but it works for him.  He doesn’t get rattled when attacked and responds to attacks well.  On stage in the crowed 2016 GOP debates, Trump was not intimidated and looked comfortable.    When attacked, he didn’t back down.  He needs to be more ‘traditional’ in 2020 and present his plan for a second term.  He can claim some very impressive accomplishments in his first term.  He should highlight those. 

     Third, the 2020 debates are very important.  With a pandemic in place, more voters will view the debates than in the past.   Convincing undecided voters is the whole goal for the candidates.  Trump has the communication skills.  Biden struggles on a debate stage.   Conventional campaigning is not to be in 2020.  Social media and mass media will play a more important role in this year’s election. 

     So-called experts claim all Vice President Biden has to do to stay ahead is to present himself in an ‘adequate’ way.  He doesn’t have to knock it out of the park.  He can just get a bunt single.  Talk about a low standard.  Those same experts claim President Trump has to hit a grand slam in all three debates to win in November.  The truth is somewhere in the middle, but based on past debate performances of the two, the best bet is on President Trump to perform well.  He will be entertaining, but unlike it was in 2016 when he didn’t have a track record, he can point to some significant accomplishments in his first term.  If he reminds voters of those accomplishments in his first term, that should get him re-elected.