The World and Everything in It: April 17, 2023

PREROLL: The World and Everything in It is made possible by listeners like me. My name is Debbie Stevens. And I was introduced to this fabulous program by my pastor who is not only celebrating his birthday today, but in a few short weeks will be retiring after 42 years of faithful service to our small church in midtown Memphis, Tennessee. Happy birthday Gary Starbeck, and blessed retirement. I hope that you and everyone else will enjoy today’s program.

MARY REICHARD, HOST: Good morning!

A dispute at the Supreme Court asks whether a patent can include discoveries that haven’t yet been made.

PAUL CLEMENT: The truth has a way of leaking out. I mean, yeah, I mean I am saying that (laughter) because I think functional genus claims are terrible. I think they retard the science.

NICK EICHER, HOST: That’s ahead on Legal Docket.

Also today, the Monday Moneybeat, we’ll talk retail sales and oil production. Plus, missionary pioneer George Verwer died over the weekend. WORLD’s Paul Butler has a remembrance.

PAUL VERWER: Will you take some steps of faith? Will you listen more carefully to see if the Man of Galilee is saying to you follow me and I will make you a fisher of men.

REICHARD: It’s Monday, April 17th. This is The World and Everything in It from listener-supported WORLD Radio. I’m Mary Reichard.

EICHER: And I’m Nick Eicher. Good morning!

REICHARD: Time for news now with Anna Johansen Brown.

ANNA JOHANSEN BROWN, NEWS ANCHOR: Abortion pill update » 

PROTEST: Defend abortion! 

Abortion supporters marched in cities across the U.S. this weekend as a court battle rages over the abortion drug mifepristone.

Amid dueling lower court rulings, the Supreme Court on Friday put a temporary hold on changes to the drug’s FDA approval.

Senator Bill Cassidy began his career as a physician in Louisiana. He told NBC’s Meet the Press that the FDA erred in approving mifepristone.

BILL CASSIDY: I think specifically it said that it was  supposed to approve a drug to treat an illness. It is a stretch to call a pregnancy an illness. And, of course, we know what happens to the unborn baby.

A federal judge in Texas ruled to revoke FDA approval of the mifepristone. Now the Supreme Court is deciding which restrictions, if any, should apply during the appeals process. The sides in the case have until Tuesday to file arguments, and a decision is expected soon after. 

Sudan » In Sudan, dozens are dead and hundreds more injured in violent clashes,  including civilians.

Fighting broke out on Saturday between Sudanese military forces and a powerful paramilitary group.

The leaders of the two sides are former allies who joined forces to take down Sudanese leader Omar al-Bashir in 2019. They also worked together to carry out another military coup in 2021 that toppled the country’s power-sharing government.

Former Sudanese Prime Minister Abdalla Hamdok says the violence now is part of the country’s movement toward democracy.

ABDALLA HAMDOK: Transitions never go in a straight line. That nonlinear dynamic is messy and all that. And I think in that sense, this is some of those hiccups along the way.

Western and neighboring countries have condemned the violence and called for an end to hostilities. Both sides have signaled that they will keep fighting, but did allow for a three-hour humanitarian cease-fire on Sunday.

Alabama shooting » Police are investigating a shooting in Dadeville, Alabama that killed four people and left many others wounded.

The shooting took place at a dance studio during a 16-year-old’s birthday party.

Police Department Sgt. Jeremy Burkett:

JEREMY BURKETT: We're going to continue to work through in a very methodical way to go through the scene, to look at the facts and ensure that justice is brought to bear for the families.

Authorities have not released information about possible suspects or motive.

Dadeville, Alabama has about 3,200 residents. It’s roughly 60 miles Northeast of Montgomery.

Finland » Finland has started building a fence along its 800-plus-mile border with Russia, just two weeks after it became a member of NATO and more than a year after Russia invaded Ukraine.

Finish Brigadier General Jari Tolppanen:

JARI TOLPPANEN: A border barrier fence was no kind of political topic before the war. And actually, it was not a kind of plan of the Finnish border guard. All changed after the attack.

Finnish authorities say the main purpose of the fence is to prevent illegal immigration from Russia.

When it is finally finished, the fence will cover roughly 120 miles near key crossing points.

Kishida attack » 

FUMIO KISHIDA: [Speaking Japanese]

Japanese Prime Minister Fumio Kishida calling for increased security measures for a series of local elections.

On Saturday, an attacker threw an explosive at the prime minister as he campaigned for a fellow party member.

Kishida was not harmed, but the explosive injured one person. Authorities and bystanders apprehended the suspect.

Last year, former Japanese Prime Minister Shinzo Abe was assassinated during a campaign stop.

KISHIDA: [Speaking Japanese]

Kishida says the investigation into the attack against him is ongoing. He also says security needs to tighten up for an upcoming Group of Seven summit in Japan.

Fox News is in court today » A Delaware jury will begin hearing a defamation lawsuit against Fox News today. WORLD’s Josh Schumacher has more.

JOSH SCHUMACHER: The $1.6 billion-dollar question at the heart of the trial is whether Fox News defamed Dominion Voting Systems with its allegations that the 2020 election was rigged.

Dominion accuses Fox of falsely reporting that its voting machines changed ballots in the 2020 election, even as Fox news anchors and writers privately doubted election rigging claims made by former President Donald Trump.

The trial is expected to last for several weeks. News personalities Tucker Carlson and Sean Hannity are expected to testify, along with Fox News owner Rupert Murdoch.

For WORLD, I’m Josh Schuamcher. 

Gas prices » Gas prices monitor AAA says the nationwide average price for a gallon of regular unleaded is rising to roughly 3 dollars and 66 cents. Last week, the national average sat at 3-60 per gallon.

Mississippi has the lowest average price for gas at roughly 3 dollars and 16 cents per gallon. California has the highest average price per gallon at roughly 4-91.

I’m Anna Johansen Brown. Straight ahead: oral arguments at the Supreme Court in Legal Docket. Plus, why oil prices are again on the rise.

This is The World and Everything in It.

MARY REICHARD, HOST: It’s Monday, April 17th. Glad to have you along for today’s edition of The World and Everything in It. Good morning. I’m Mary Reichard.

NICK EICHER, HOST: And I’m Nick Eicher. It’s time for Legal Docket. News from the legal battle on the pro-life front came down on Friday.

Supreme Court Justice Samuel Alito placed a temporary hold on a lower court order that suspends FDA approval of the abortion pill. The most common one, known as mifepristone.

REICHARD: Right, that’s called an administrative stay. It doesn’t say anything about how thefull court will decide the issues. It only halts things for a few days to give the justices time to consider the case.

What happened is that last month, a district court judge in Texas revoked the FDA’s approval of the abortion drug. This after some medical and legal people argued that the FDA hadn’t properly approved the drug back in the year 2000 and then went on to expand access without considering safety precautions. For example, allowing the drugs to be dispensed by mail without a doctor’s involvement.

The Biden administration and the manufacturer that makes and distributes mail-order abortion pills appealed. The case first went to the US Circuit Court of Appeals for the 5th Circuit. The appeals court would’ve blocked abortion by mail order and required doctor involvement, but didn’t reverse FDA approval altogether.

So the Biden administration asked the Supreme Court for an emergency order to keep access to the drugs going while the lower courts work out the legal issues.

EICHER: This emergency order will resolve quickly, though, as all parties have until noon tomorrow to make their case, and the stay is only in effect until Wednesday.

That means we might expect the high court to decide sometime this week.

REICHARD: So we’ll be paying very close attention to this, because the case below presented significant evidence of the harms of this medication, beyond, of course, what it does to unborn children.

Alright, well, on to three other disputes heard by the Supreme Court in March.

A smorgasbord of legal issues: one deals with sentencing, the others with venue and patents.

First, the sentencing dispute in a case captioned Lora v United States. The facts involve a brutal turf war between drug dealers in the Bronx.

A man named Efrain Lora was convicted for his role in a drug–trafficking scheme that left a man shot dead. Lora didn’t pull the trigger, but he did serve as a scout around the victim’s home to alert the man who did pull the trigger. That’s aiding and abetting. Specifically, using a gun, in relation to a drug crime, that led to someone’s death. One, two, three.

EICHER: That’s one of his convictions. A second is for conspiracy to distribute cocaine, a third is for causing intentional killing to further the conspiracy.

The question is whether Lora’s sentences ought to run consecutively, one after another, or concurrently, all at the same time.

Lora argued for the latter, for his sentences to run concurrently. That would shave off five years behind bars. His lawyer Lawrence Rosenberg argued the lower courts were wrong to impose the lengthier time. And judges ought to decide which kind of sentence, given the unique circumstances of each case.

Listen to this exchange with Justice Brett Kavanaugh:

ROSENBERG:  All we're saying is it preserves discretion. In an appropriate circumstance, a trial judge absolutely can still sentence consecutively.

KAVANAUGH: Right. I'm just getting to the point I -- I tend to doubt Congress really intended your result. You -- you -- so I take that heroic effort to explain why Congress might have wanted to get to this result. I think your better argument for me is that's just what it says.

ROSENBERG: Well, I -- I -- I would agree with this in this respect, Justice Kavanaugh. I do think the textual argument is the strongest argument here.

REICHARD: Usually, judges do have discretion to impose concurrent or consecutive sentences. But the law in question, the Armed Career-Criminal Act, isn’t clear under these facts, and the circuits are split. The law is a mess here and clarity is needed.

I do think drug dealer Lora has the upper hand here, because this Supreme Court bench tends to prefer plain language arguments over creative interpretations.

EICHER: This next case seeks to find out what courts should do if a person is tried in the wrong court. Should that person be acquitted, or can the government try the person again somewhere else for the same offense?

Legally, the term is venue. In criminal cases, venue is almost always where the crime occurred.

This case involves a software engineer and avid fisherman in Alabama named Timothy Smith. He hacked into a company in Florida that sells data on fishing spots across the Gulf Coast. A federal court in Florida convicted him of computer fraud, extortion, and theft of trade secrets.

For that, Smith received 18 months in prison. He appealed, and that’s the point where the wrong-venue problem surfaced.

REICHARD: Citing the wrong venue, the appeals court tossed his theft conviction. After all, Smith was in Alabama when he did the bad deeds.

And yet the appeals court upheld the extortion conviction. So Smith cites that inconsistency and argues he should have been acquitted altogether, of all counts, based on incorrect venue.

Some other federal circuits would have done that. Just not the one he’s dealing with.

On the other side, the federal government argues a venue error just means Smith gets another trial in the right venue. Because venue isn’t an element of his crime, and is distinct from guilt or innocence.

That didn’t seem to convince some justices. Listen to this exchange between lawyer for the government Sopan Joshi and Justice Sonia Sotomayor:

JUSTICE SOTOMAYOR: Why are we giving the government another chance at an apple it already took a bite at? And isn't that the center of our entire double jeopardy ruling? If the jury is going to determine whether you have sufficient evidence or not to prove either an element, a defense, a material, I don't know what, because our case law is very confusing as to what "venue" is, we seem all to -- to agree or people assume it's not an element of the crime, yet we submit it to the jury, and yet we do put the government to a burden of proof, and yet we don't want to call it an element. It's a little bit like that platypus, this mixed-up animal, isn't it?

SOPAN JOSHI: It -- it is a little mixed up.

EICHER: That mixed-up platypus of the law is why this dispute landed at the Supreme Court.

On to the final argument today, this one in a case captioned Amgen v Sanofi. A pharmaceutical company and a biotech company.

First, some very simplified science at the heart of the dispute here, because the companies are makers of antibodies.

An antibody is a protective protein your body’s immune system makes in response to the presence of a foreign substance, called an antigen. Antigens are things like bacteria, viruses, allergens or toxins that enter the body and make you sick. Antibodies are proteins your body makes to fight them off.

The company Amgen made an antibody that blocks a protein used to lower cholesterol levels, an alternative to what’s known as statin drugs. The company also laid out the atomic structure of that protein and then took that to claim broad patent protections. Then Amgen claimed that any antibody that could bind to that protein is covered by its patent, even antibodies that Amgen didn’t develop.

And Sanofi and Regeneron together patented another antibody with different properties to it.

Without getting too detailed, and maybe we’ve already crossed the line, each of these pharma companies create therapeutic uses for antibodies. Used to be, getting a patent on an antibody was almost routine. But that changed a few years ago. The patent office now only grants patent protection for the antigen targeted. Very specific.

REICHARD: Here, Amgen alleges that Sanofi infringed its patents, which Sanofi doesn’t dispute, except to say that Amgen’s patent isn’t valid.

So it couldn’t have done anything illegal, because as far as the law is concerned, infringing an invalid patent is meaningless.

You can hear the legal fragments of the dueling arguments in these two clips. Justice Elena Kagan asked about the scope of a patent claim. Here’s what Paul Clement, lawyer for the alleged infringer said:

PAUL CLEMENT: The truth has a way of leaking out. I mean, yeah, I mean I am saying that (laughter) because I think functional-genus claims are terrible. I think they retard the science.

And then from patent owner Amgen’s lawyer, Jeffrey Sindak:

JEFFREY SINDAK: When you say an invention, like the James Watt steam engine, you don't say which variant, which embodiment of the steam engine have you claimed. It's the steam engine, that principle, the invention which encompasses myriad types of inventions.

“Retard the science.” That's an argument for scientific progress. “Variants.” That's an argument for patent protection.

The purpose of patents is to encourage inventors to publish their ideas in exchange for short-term protection from copycats. Enough time to recoup their investment. Twenty years, to be exact.

But without that protection, it can, in Clement’s words, “retard the science.” Amgen’s paperwork only listed 26 antibodies and argues its patent should protect a lot more than that.

But Lamken for the other side argues Amgen takes this much too far, by taking Amgen’s patent disclosures required by the U.S. Patent and Trademark Office to take over an entire domain of invention.

Justice Clarence Thomas asked a basic question to the lawyer for the federal government on the side of Sanofi, the alleged infringer:

JUSTICE THOMAS: Mr. Lamken, several times you referred to invention of the antibodies, and I think I'm somewhat confused as to exactly what your invention is. So what is it exactly? Because I do -- we talk about enablement and we talk about someone being able to replicate it, but we're not talking about what has been invented with any particular precision.

LAMKEN: Right.

“Enablement” is a term used in patent law. It requires a patent to disclose sufficient detail that a person with the skill could replicate the invention. If the explanation requires a lot of experimenting to get it right, the patent should be rejected. That’s part of the deal: the government will enforce the patent, but first the inventor has to explain what the invention is. Then once the 20 years is up, others can improve upon it to everyone’s advantage.

An editorial in the Wall Street Journal put it this way: Nobody ought to be allowed to “monopolize facts of nature and keep others from developing their own antibodies.”

That’s what Paul Clement’s saying.

CLEMENT: They've overclaimed, they've underenabled, their patent is invalid. This Court has long applied the same principle in Morse, in Lamp, and in Holland Furniture. Samuel Morse invented the telegraph. He did not invent the fax machine. That is why this Court correctly rejected the final broad functional claim in his patent. Thomas Edison discovered the key to incandescent light, but we'd all be fumbling around in the dark if this Court had not invalidated the broad unenabled claims in Sawyer and Man's patent in the Lamp case. The stakes here are comparable.

It seems to me most justices will be reluctant to stifle innovation in biotech. Amgen admitted its claims would include literally millions of antibodies not yet identified.

JUSTICE GORSUCH: So, if we agree on the law, what’s left for this Court?

CLEMENT: Nothing, except maybe a DIG. (Laughter)

Not with a shovel. Remember, the acronym DIG stands for dismissed as improvidently granted, DIG. Lawyer for the federal government agreed with that as the correct way to resolve this case.

And that’s this week’s Legal Docket!

MARY REICHARD, HOST: Next up on The World and Everything in It: the Monday Moneybeat.

NICK EICHER, HOST: It’s time to talk business, markets, and the economy with financial analyst and adviser David Bahnsen. He’s head of the wealth management firm The Bahnsen Group and he’s here now.

David, good morning!

DAVID BAHNSEN: Well, good morning Nick, good to be with you.

EICHER: Alright, let’s start with retail sales. I know it’s a small data point, but the March number generated lots of media. Month on month, according to the Commerce Department, it was a full percentage point down, and February retail was also down. So media headlines, just a quick sampling: “Retail sales tumble more than expected in March as consumers pull back on spending,” “Amid growing recession fears, retail sales fell sharply in March,” “Weak retail sales point to slowing U.S. economy,” “Retail sales tumble in another sign of a softening U.S. economy.” A lot of people don’t read beyond the headlines, so I’ll ask: Is retail sales a harbinger of a coming contraction?

BAHNSEN: Right. If you were reading that into it, you'd be reading too much into it. I would hope that listeners of the World and Everything in It don't read into the retail number after listening to me ramble on over the last few years about this subject. First of all, let's take it in perspective, retail sales are up 2.9% year over a year. That is not the stuff recessions are made of. Sales excluding autos are up 3.6% in the last year. Autos have cooled down a little bit. And the only reason retail sales were down in the month of March is because what people were spending at the gas station was less. And so when you have a little lower ticket at the gas station, or general merchandise store, it leads to a contraction in total retail. But when you look at overall consumer numbers, which can be measured from retail sales, but that's going to include gasoline, it can also include consumer confidence, it can include consumer sentiment, and E-commerce and all sorts of general categories. The data in this doesn't indicate anything particularly contractionary. It's cooled down for sure. I don't think it's all that robust. But the most important thing to say is that economically, there's no precedent for the American consumer cooling down unless credit cools down, which is another way of saying, and I don't think this is a positive thing. I'm saying the American consumer is going to spend money until they can't spend money. And it's always been that way. And I think it always will be. So I don't consider retail or consumer great meeting indicators. They're by definition, backward looking indicators. What I've always argued for as a better indicator where the economy will go is production, what we call the supply side of the economy.

EICHER: Speaking of production, we didn’t talk about this when the announcement came almost two weeks ago. But I did want to have you discuss the big oil production cut that Saudi Arabia announced, and the effect of that.

BAHNSEN: Yeah, we owe over a week ago, it was the subject of my dividend cafe.com. And so two weeks ago, OPEC+, which is the OPEC countries that Saudi is obviously the largest of along with Russia and Mexico, Saudi plus announced that they were going to cut production a million barrels a day, and oil prices moved up from 75 to add, they're now sitting on 81, 82. And I believe that the floor of oil will end up being in the 80s and could very well go higher from here. And that the reason is that after getting oil prices down by literally withdrawing 180 million barrels from the strategic petroleum reserves last year, the US has not begun to refill that at all. And even when oil prices dipped into the high 60s and it stayed down in the low 70s, for a while where they said they will be refilling they did not. And I think OPEC plus said fine. If you're not going to set a floor in oil prices then we will. So once again, I think you have US leadership forfeiting an opportunity to be the marginal price setter in oil and allowing other adversaries who have different geopolitical interests than we do to fill that void and I think it's an entirely avoidable but nevertheless crucial mistake.

EICHER: Alright, we’ll do listener questions next week. Be sure to get yours in if you’d like it considered.

You can reach us at feedback-at-world-and-everything-dot-com.

Written or spoken, I have a preference for spoken, given it’s radio, but either way we do look at everything that comes in, and as I say, we’re planning to get back to them next week: feedback-at-world-and-everything-dot-com.

David Bahnsen is founder, managing partner, and chief investment officer of The Bahnsen Group.

You can check out David’s writing and podcasts at Bahnsen-dot-com and his more advanced, technical stuff is at dividend-cafe-dot-com.

David, thanks, have a great week!

BAHNSEN: Great to be with you Nick.

NICK EICHER, HOST: Today is Monday, April 17th. Good morning! This is The World and Everything in It from listener-supported WORLD Radio. I’m Nick Eicher.

MARY REICHARD, HOST: And I’m Mary Reichard. Typically, we’d be introducing the WORLD History Book around this time, but today we have something a little different.

This weekend the missionary organization Operation Mobilization announced that its founder George Verwer died Friday night. WORLD’s Paul Butler first heard Verwer speak at a missions conference when he was a college student in the 1980’s. Here he is now with this remembrance of the missionary pioneer.

GEORGE VERWER: Seven reasons why you should go. The first reason—write it down—the need is so overwhelming.

PAUL BUTLER, REPORTER: For more than 50 years, when George Verwer spoke, people paid attention. And if he said to write something down, well, that’s exactly what you did.

VERWER: We could just go on and on giving you the names of people groups where the church does not yet exist. If that doesn’t move your missionary heart, you need to just repent!

George Verwer often wore a jacket emblazoned with the map of the world to remind people to pray for—and to go to—the ends of the earth. Sometimes he also brought along a huge inflatable globe, like when he spoke at Lansdowne Church in 2013:

VERWER: We live in amazing days. For 150 years, and especially the last 50 or 60, the greatest harvest of people to Jesus than the world has ever known. More have come to Jesus statistically in the last 150 than in the previous 1850.

George Verwer came to Christ at a Jack Wyrtzen evangelistic meeting in 1953.

BILLY GRAHAM: One of the most amazing things in all the universe is that God loves us.

The 16-year old Verwer listened intently as Billy Graham gave the gospel at New York’s Madison Square Garden.

Verwer returned to his high school and began handing out copies of the Gospel of John. Within a year nearly 200 of his fellow students professed faith in Christ.

From then on Verwer was always handing out literature and talking to people about their need for Christ.

After graduating from Moody Bible Institute in 1960, Verwer and his wife moved to Spain. They were there to learn Russian with hopes of reaching the USSR with the gospel. On one Bible smuggling trip to Moscow, Verwer was arrested as a spy and kicked out of the country: making it impossible to return. Verwer retold the story many times jokingly calling himself “God’s Bungler” instead of “God's Smuggler.”

But out of that ministry failure Verwer discovered his life work: “to mobilize the church” in reaching the world for Christ. He was an early pioneer in short-term missions: committed to equipping everyday Christians for worldwide evangelism and discipleship. He founded Operation Mobilization in 1961.

PETER MEAD: He's always kind of pushing. What can we try that could work? 

Peter Mead is a second generation OM missionary. His father spent a summer in Europe with Verwer in 1962. Peter followed in his footsteps 1996 at 20 years old.

MEAD: And so he's got a whole legacy of kind of embarrassing moments and funny stories but actually in the midst of that kind of chaos, the impact that he's had has been absolutely vast I think in the Christian world.

Mead is just one of hundreds of short-term missionaries who went on to start his own ministry after rubbing shoulders with George Verwer.

MEAD: A lot of the legacy that he has is the mobilizing of people into ministry and into missions then to go on to do other things. There have been so many organizations started out of OM.

But Verwer never let his influence and notoriety go to his head. According to Mead, one of the most significant things about Verwer’s ministry was his transparency…he wrote a book titled: Messiology where he spoke openly about his struggles with lust, a quick temper, and difficulties with kindness and grace.

MEAD: He knew who he was. He knew he nothing special in himself, but he wanted to help others think about God's grace and think about the goodness of the gospel, and recognize that we don't have to be perfect for God to use us and bless us in the midst of that. That level of reality is going to be missed.

Verwer’s driving passion was for people to get to know Jesus—for once folks had a dynamic relationship with Christ, Verwer believed missions would logically follow.

Verwer stepped down from leading OM in 2003, but even into his 80s he barely slowed down. Until earlier this year when he spent 10 days in the hospital and his health never fully recovered.

On April 8th, he posted what he knew was to be his last video blog to Facebook:

VERWER: I pray when people think of me, they'll remember the passion to see everyone in the world have the opportunity to hear or read the gospel. But there are hundreds and hundreds of millions of people that have not yet been reached. Be steadfast, unmovable. Always abounding in the work of the Lord.

Six days later, on April 14th, missionary pioneer George Verwer died at age 84.

During a 1987 training session with OM short-term missionaries, Verwer gave a talk on seven reasons why people should go…it’s an appeal he gave thousands of times over his life and one that continues even after his death:

VERWER: That day along the sea of Galilee and said to those ordinary men: ‘follow me and I'll make you fishers of men.’ And immediately they left their nets and they followed him. What about you? As you hear his voice, what about you?

I’m Paul Butler.

Editor’s note: WORLD has edited this transcript and audio since its first airing to correct the date of when George Verwer stepped down from leadership.

NICK EICHER, HOST: Tomorrow: with the fate of abortion drug Mifepristone in the courts, some abortion activists are drawing attention to another drug called Misoprostol. We’ll have an explainer on that.

And, what does it take to overcome paralysis after having a stroke?

That and more tomorrow. I’m Nick Eicher.

MARY REICHARD, HOST: And I’m Mary Reichard.

The World and Everything in It comes to you from WORLD Radio.

WORLD’s mission is biblically objective journalism that informs, educates, and inspires.

The Psalmist writes: The King in his might loves justice. You have established equity; you have executed justice and righteousness in Jacob. Exalt the Lord our God; worship at his footstool! Holy is he! Psalm 99, verses 4 and 5.

Go now in grace and peace.

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