Lynn v. Sekulow

Saddleback Forum Meets Its Purpose

Monday August 18, 2008

Categories: Courts, Election '08

I want to make a couple observations concerning Barry's recent post on the Saddleback Forum.  First, the concern that I had regarding the content of the questioning was certainly alleviated during the presentation. Throughout the two-hour Saddleback Forum, we learned more about the candidates and their worldviews than in all the previous debates combined.

 

Obviously, Barry disagrees with my analysis regarding the nature of the question posed by Pastor Warren concerning the Supreme Court.  I thought the question--"Which sitting Supreme Court Justice would you not have nominated to the Supreme Court?"--was well thought-out and required a serious response from the candidates.

 

I thought Sen. Obama's comments regarding Justice Clarence Thomas were both unfair and unwarranted.  I've linked to the audio clip of the question posed by Pastor Warren and Sen. Obama's response hereIt is one thing to state that you would not nominate a particular judge to serve on the Supreme Court of the United States--or for that matter, a lower court--based on a disagreement with judicial philosophy. Judicial philosophy matters. That is why Article II, Section 2 of the Constitution states, "the President . . . shall nominate, and, by and with the advice and consent of the Senate, shall appoint . . . judges of the Supreme Court." If Sen. Obama would have responded to the question concerning judicial appointments by stating that he would not have nominated Clarence Thomas due to a fundamental disagreement with his judicial philosophy, that would have been fine. But as you listen to the answer, please note that Sen. Obama draws an intellectual capacity comparison between Justice Thomas and Justice Scalia.  While he disagrees with both Justices' judicial philosophy, he concedes that Justice Scalia is smart--noting that both he and Justice Scalia taught at the University of Chicago Law School.  In contrast, Sen. Obama feels that Justice Thomas was not up to the task when he was appointed.  I thought that was unnecessary and a cheap shot.

 

When Sen. McCain was asked the same question, he said that he would not nominate Justices Ginsburg, Breyer, Souter, or Stevens--not because of intellectual capacity but because of judicial philosophy.

 

Contrast this with Sen. Obama's statement regarding Chief Justice Roberts.  When John Roberts' nomination came before the U.S. Senate, Sen. Obama voted against his confirmation.  He did not question John Roberts' intellectual capacity as he did with Clarence Thomas, but he had suspicions concerning his judicial philosophy.  Sen. Obama stated in his response that those suspicions became true because of the nature of John Roberts' decisions concerning presidential authority.  I was pleased that Pastor Warren addressed this question and did so in a unique, respectful, and creative manner.

 

Barry, at the onset of your most recent post, you write that Barack Obama should not have accepted the invitation.  I completely disagree.  This was a civil dialogue that addressed some of the most significant issues facing America today.  The candidates were given an opportunity to address these questions and explain their answers fully.  The problem, I suspect, Barry, is that knowing the audience who was watching this forum, you did not like Barack Obama's answers.  But as I mentioned, whether you agree with Barack Obama's answers or not, you now know where the nominees stand on critical issues including the issue of judges.  These two nominees have two very different views concerning judicial philosophy, and that became clear in this forum. 

 

On the issue of abortion, Sen. Obama stated that it was a complex "moral" and "theological" issue. I've linked the abortion-related question and answer of Sen. Obama hereHe then stated that he was pro-choice and agreed with the decision in Roe v. Wade.  He noted that he does want to see a decrease in the number of abortions and mentioned that he included language to this effect in the Democratic National Committee's proposed platform.  Sen. Obama also stated that the number of abortions have increased over the last seven years.  This is factually incorrect.  The most recent survey conducted by the Alan Guttmacher Institute found declines in the total number of abortions. 

 

In addition, Sen. Obama said that answering the question of when life begins is "above my pay grade," an odd response given the fact that the next President will likely nominate numerous federal judges - including Supreme Court Justices - who will weigh in on a variety of abortion issues. The next President may also have the opportunity to support or veto proposed legislation that would repeal the federal ban on partial-birth abortion. Of course, this was a sharp contrast to Sen. McCain's response concerning the issue of when life begins.  Sen. McCain noted that an unborn child is entitled to human rights "at the moment of conception" and went on to point out his voting record on abortion-related legislation.

 

Rick Warren asked the right question concerning abortion:  When does life begin?  When, for the purposes of constitutional protection, is personhood established?  This is the critical question in the abortion debate, and I'm glad that issue was fully discussed at the forum.

 

I firmly believe that this forum provided a unique and in-depth look at the candidates' positions and philosophies on governance. The forum at Saddleback met its purpose and provided information about issues not covered in other debates.

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Comments
Peter
August 23, 2008 1:34 PM

"Remember these founding fathers dealt with kings and monarchs who would change the national religion and force all to worship their way."

Just like like YOU want to do...

Fred
August 24, 2008 2:29 AM

Dave, you lose me suggesting Christians oppose abortion because God is a fortune teller. What ? Christians oppose abortion, my view, because one commandment says "thou shall not kill." Also please refer to Matthew 25:31-46 where Jesus Christ specifically discussed caring for the "least of my bretheren." Those Christians who are prolife, in my view, consider "the least of my bretheren" as the unborn. Note that Senator Obama does not hold such a view. At Saddleback, even though he lovingly quoted the same Matthew scripture, as an Illinois state senator he voted in favor of infanticide--killing infants who had been born alive via botched abortions. The official transcript of the debate in the Illinois senate is here, please see pages 31-34 where Obama clearly spoke, and later voted, to protect abortion doctors over the lives of unfortunate children who had been born alive via botched abortions. He recently attacked prolife folks pointing out his support of infanticide as "liars," when in fact he is lying about his record, and after he attacked the prolifers, Obama's staff admitted Obama's remarks were not consistent with record, and this staffers attempted to confuse the matter by suggesting Obama was referring to a bundle of bills. Obama already told prochoice folks his first act as President will be to remove all federal restrictions to abortion, including the Hyde Amendment.
http://www.ilga.gov/senate/transcripts/strans92/ST040402.pdf

By the way, Dave, by suggesting Christians' dogma is completely enshrined within the Bible, you are misunderstanding what 1 billion Roman Catholics worldwide believe. The belief system of Roman Catholics, as St. Paul referred to as "the spiritual body of Christ," is more than the Bible, because as Paul indicated, the "church" is more than the Bible. The Catholic belief system is based upon the Bible and who knows how many other sources over the last 2000 years--the councils, encyclicals..... For example, the Creed that Catholics recite at each Sunday mass was composed in 325 A.D at the Council of Nicaea.

lori
August 26, 2008 4:43 PM

Hi Mr. Sekulow`s,I had called this mornig in regards to the topic(Obama,abortion).I had started out by saying I had been listening to Frank Pastore show,KKLA-99.5 FM raidio station on Fri Aug 22,2008.I`am sure I gave the wrong name of the host,so sorry Frank.I was saying how he was inviting anyone who is voting or campaining for him to please call in and tell the world,sell us Americans on Obama.I do apologize for not being quicker with my comment.I had told your screener that I heard ten callers(not that many),but that literally every caller was the same.All professing christians,each one put up the argument that Obama is pro-life.Frank played clips to these people,to insure they had heard Obama.They still disputed the facts.When put to the question what policey`s helped in bringing them to the decission of a vote for Obama,(they had no clue).Frank asked is it health care?.Each reply the same,choose thier own health care provider and insurance.Of course the cost to come down.Is this not the complete opposite of what they want and what they will get with thier vote for Obama?.So when Frank gave these people audio clips of Obama`s straight to the point comments and facts about where he stands on these issues,and asked once again if these are the facts,especially christians and abortions(killing).They still arguded the fact that Obama is pro-life.Bottom line is that they all were united on the fact that Obama makes them think he`s going to give them the 50`s back,only this time it is going to be a united golab change and everyone will be happy and all will be well forever more.It was so sad to lisent to these people so convicted to lies and the minipulation of truth.If you can in any way go to an archive of that radio show and listen you will better understand the depth of what I`am unable to express. Thank You all Lori in souther California

Kathy
September 27, 2008 1:19 AM

Ron, in your blog you quoted Exodus 21:22. You really should read verse 23, also. I interpret verse 22 to mean if the woman gives birth prematurely but the child lives, then "no harm follows". Verse 23 says, "But if any harm follows, then you shall give life for life".


Dave, where should morality come from? I certainly wouldn't want you to dictate what my morality should be, and I understand you would feel the same about me dictating morality to you. So, how do we decide what is evil and what is good? If you say it should be left up to each individual, then how does this scenario work for you: Let's say I didn't kill my unborn child, but I could have because it's up to me to decide that. Well, now that I've had my child I really don't want him or her, so my morality dictates that since I could kill my child while it was in my womb, then I can kill my child when it's outside my womb. Or this scenario: I'm struggling financially, so my morality dictates I can kill someone for their money. After all, the above killing is okay, and the money would be "good" for me. Scripture defines love as wanting the greater good for the other person and doing whatever it takes to make that happen. If I take my morality from God's Word, neither of the above scenarios would be choices I could make. If left to my own desires, selfishness, and greed....who knows?

N. Lindzee Lindholm
June 27, 2009 3:49 AM

http://www.randomevangelist.net

I like your analysis and breakdown of the issues, Dr. Jay. I agree that Pres. Barack's answer to the question in which he replies it is "above my pay grade" is a defense tactic to dodge the question. Notice the President never does answer Pastor Rick's question about when a little one begins to have human rights. It's unfortunate that he does this, especially since the abortion topic is such a hot button issue and has come up numerous times in regards to the amount of funding that taxpayers pay to Planned Parenthood each year for funding of abortions (in the millions, by the way), his failed attempt to rescind the Conscience Clause due to a response of outrage from the public, and stem cell research funding.

In regards to this point of dodging the question, this behavior has also occurred in press conferences. I would like to see Pres. Barack face the difficult questions head on and to say what he means, not so much trying to humor the public or feel his audience out. Let's hear the truth and nothing but the truth.

The truth is, no matter what the venue or setting, the Saddleback Forum is an excellent addition to the Presidential Campaign and should be made an American family tradition in the Presidential Race.

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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