The World and Everything in It - February 7, 2022

MARY REICHARD, HOST: Good morning!

Good news out of Michigan for religious adoption agencies, and the colorful courtroom legacy of retiring Justice Stephen Breyer.

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

Also today: conflict with Russia over Ukraine and the possible effects on global financial markets. We’ll talk it over with economist David Bahnsen.

Plus the WORLD History Book.

REICHARD: It’s Monday, February 7th. 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: Up next, Kent Covington with today’s news.

KENT COVINGTON, NEWS ANCHOR: Top Biden aide says Ukraine invasion could come ‘any day’ » Russia could launch a full-scale invasion of Ukraine at any time. That’s the warning from national security adviser Jake Sullivan.

SULLIVAN: We are in the window. Any day now, Russia could take military action against Ukraine.

U.S. officials over the weekend confirmed that Russia has assembled at least 70 percent of the military firepower it likely intends to have in place by the middle of this month. And that gives President Vladimir Putin the option of launching a full-scale invasion.

The White House has reportedly briefed lawmakers that Russia could quickly capture the capitol Kyiv … possibly leading to as many as 50,000 casualties.

GOP Senator Marco Rubio, who serves on the Foreign Relations Committee, said an invasion would also send shockwaves throughout Europe, destabilizing the continent.

RUBIO: So if we now live in a world where you can just go in and take a country because you claim it or parts of it belong to you, and you can do so militarily, well, we’ve entered a very dangerous period in human history once again.

U.S. officials have reportedly sketched out a series of indicators suggesting that Putin intends to start an invasion in the coming weeks, although the size and scale are unclear.

But Sullivan said again on Sunday that Russia may still choose diplomacy over war.

Yuma mayor voices concern over border crisis with DHS secretary » Yuma, Arizona Mayor Douglas Nicholls said Sunday he is deeply concerned about the strain the border crisis is placing on Border Patrol agents in and around his city.

NICHOLLS: Really concerned about the health and safety of our agents working so much and being stretched so thin, operating at four times the capacity of their facilities at times. Those are things that are important because they’re members of our community too.

The Republican mayor recently met with Homeland Security Secretary Alejandro Mayorkas in Arizona for more than an hour. Nicholls said Mayorkas vowed to take action on the mayor’s concerns, including a follow-up meeting in the days ahead.

Since March of last year the Border Patrol has averaged nearly 200,000 encounters with unauthorized immigrants every month.

In late January, audio leaked online of a meeting between Mayorkas and Border Patrol agents in the Yuma sector in which frustrations boiled over. Some agents expressed their belief that the current administration doesn’t support them. One of the agents even turned his back on the secretary. That moment is heard here:

AUDIO: So how many years have you been in the Border Patrol, the gentleman who turned his back on me.

Mayorkas told agents that the pandemic is the reason the border crisis has worsened under the Biden administration.

COVID-19 cases continue to drop as omicron wave subsides » COVID-19 cases continue to fall sharply in the United States. WORLD’s Josh Schumacher has more.

JOSH SCHUMACHER, REPORTER: At the height of the omicron wave, COVID cases hit a peak of more than 800,000 per day in mid-January. But since then, cases have fallen just as quickly as they surged.

New confirmed infections have dropped to about 300,000 per day.

And COVID-related deaths are now dipping as well. Daily totals are down only slightly, from about 2,500 in late January to a little over 2,200 now. Still, experts say hospitalizations and deaths will likely continue to fall.

But authorities are keeping an eye on a new sub-variant of omicron detected in several countries. Early evidence suggests it could be even more transmissible than the strain that has spread like wildfire around the globe. But there’s no evidence yet that the sub-variant is any more severe.

Reporting for WORLD, I’m Josh Schumacher.

Pence: Trump is 'wrong' to say election could be overturned » Former Vice President Mike Pence over the weekend gave his most forceful response yet to Donald Trump’s assertion that he could have stopped President Biden from taking office.

Pence told a crowd at a meeting of the Federalist Society in Orlando that former President Trump “is wrong.”

PENCE: I had no right to overturn the election. The presidency belongs to the American people and the American people alone.

Trump last week escalated his attacks against Pence. He said instead of investigating the Capitol riot, Congress should investigate—his words—“why Mike Pence did not send back the votes for recertification or approval.”

He said unfortunately, Pence did not exercise his power because—quote—“he could have overturned the Election!”

But Pence said “there is no idea more un-American than the notion that one person could choose the American president.”

I’m Kent Covington. Straight ahead: Justice Stephen Breyer’s legacy.

Plus, a bonfire of vanities in Florence.

This is The World and Everything in It.

MARY REICHARD, HOST: It’s Monday, February 7th and you’re listening to The WORLD and Everything in It. Good morning! I’m Mary Reichard.

NICK EICHER, HOST: And I’m Nick Eicher. Before we get rolling today, I’ve got a really great announcement for you, having to do with WORLD Watch, our daily video news for students.

Maybe you’ve heard us talking about it in the past but haven’t signed up yet. Well, now is the time.

WORLD Watch is currently in Season 2, and one consistent message we had from our early adopters who signed up in the first season—and it was no surprise—was basically this:

Please create a TV app so that we can view WORLD Watch on our Smart TV. And so we’ve done that, took quite a lot of effort, but we have got that done. We have a great tech team, so now, you don’t have to gather ’round a computer. WORLD Watch is TV and it’s meant to be viewed on TV. 

REICHARD: And with the new TV app, you can view WORLD Watch as you would anything else you view on television. The TV app works on Android and Android TV, iOS and Apple TV, Fire TV, and Roku. 

A very exciting announcement!

EICHER: Well, it is, but as you know there’s more.

Maybe you don’t have a smart TV or a device that runs TV apps. We have fixed that problem too!

For new subscribers, we’re offering a full year of WORLD Watch for $79.99 and if you pay for that full year, you’ll receive your very own Roku Express at no cost and you can use it to stream WORLD Watch every day to your TV.

How about that?!

REICHARD: Wonderful. WORLD Watch is for kids but I love it too. This is so great. Just visit WORLDWatch.news. Buy a year of WORLD Watch for $79.99 and you’ll get a Roku Express for your TV so you can take advantage of our new WORLD Watch TV app and never miss an episode of Big Bash and the WORLD Watch team.

EICHER: Right, WORLDWatch.news. The offer is for new subscribers only. Available right now!

It’s time for Legal Docket.

We have some religious liberty news to start us off today: a direct result of a Supreme Court ruling from last year. That’s when the high court decided the city of Philadelphia violated the First Amendment rights of a Catholic adoption agency.

You may remember Philadelphia was refusing to work with the Catholic agency unless it would agree to place children with same-sex couples despite very clear church teaching on human sexuality and marriage and family.

The Supreme Court said Philadelphia was wrong. Ot cannot discriminate that way. So now for the new news: that ruling has led to settlement in a similar case out of Michigan.

REICHARD: Right, Michigan agreed it will take no further action against St. Vincent’s Catholic Charities and will also pay the $550,000 in attorneys fees.

So the agency can stay open. That’s good news for needy children, and of course for plaintiff and adoptive mom Melissa Buck. I spoke to her on Friday:

BUCK: You know, now that this dispute is finally over, you know, it has a really special impact for my family. We are actually in the process of adopting a sixth child. It is a sibling to one of our children. And for us especially it is so important that we continue to work with St. Vincent's on this, the people that we know and love. People who know our family, who understand our children and their special needs. And to be able to work with them who you know, they also know this, this child that will be coming into our home. It's just, man, it’s just great. (laughs)

Well, today we thought we’d step away from analyzing oral arguments and take time to consider part of the legacy of Justice Stephen Breyer. He plans to remain on the bench until the end of this term in June, but last month announced his retirement after that.

EICHER: By all accounts, Justice Breyer at age 83 is as spry of body and nimble of mind as ever. He had only two years as senior liberal justice on the court. That after the death at age 87 of the arguably more famous Justice Ruth Bader Ginsburg. But political pressure built up for Breyer to retire while a Democrat still occupies the White House and with Democrats still holding the Senate.

REICHARD: So today, you’ll hear my collection of sound bites from oral arguments to illustrate Justice Breyer’s mind and method, as well as his character and personality. Over the years on Legal Docket we’ve heard his opinions, both controversial and otherwise.

But today, I want to focus on what I think any Christian—left, right, or center—can appreciate about Justice Breyer.

To start: he’s known for his colorful and brilliant hypotheticals put to lawyers to test the limits of a legal principle. Here’s one from a few years ago. It’s a case in which the state of Indiana wanted to confiscate a man’s Land Rover, to pay for fees and costs in another legal matter in which he was involved.

The thing is, the vehicle was worth something like four times the amount he owed. The government would have received a windfall.

Listen to Justice Breyer with one of those famous hypotheticals:

BREYER: So what is to happen if a state needing revenue says anyone who speeds has to forfeit the Bugatti, Mercedes, or a special Ferrari, or even jalopy. I just wonder what is it? What is it? Is that just permissible under the Constitution?

FISHER: To forfeit the vehicle the Bugatti for speeding?

BREYER: Yeah, and by the way, it was only five miles an hour. Yeah, above the speed limit.

FISHER: Well, you know, the answer is yes, it's forfeitable. It is forfeitable.

The man and his Land Rover won that one, unanimously. The decision made history, too- for the first time applying the Eighth Amendment’s prohibition against excessive fines as against the states, via the Fourteenth Amendment’s Due Process Clause.

Here’s a hypothetical from 2018, about the limits of using physical restraints on people before they’re convicted of anything:

BREYER: I'm being very hypothetical. Absolutely hypothetical. I don't believe it would ever happen. But if by some chance they have a policy in a federal court of the United States, that people will come in bound and gagged in body armor hung upside down, okay? You're saying even if that’s so, that person in this country has no way of challenging that order? Is that your point?

I appreciate, too, that Justice Breyer isn’t afraid to admit his ignorance of a topic.

One case had to do with the Copyright Act. The legal question was quite technical: the tax implications of winning a copyright battle.

Here’s an exchange with lawyer Paul Clement, who’s argued over 100 cases before the Supreme Court.

BREYER: I made that kind of point in Murphy. And I said, let's look at what Congress wanted. And I had a lot of, I thought, fabulous. But unfortunately, it wasn't fabulous enough, because I was writing a dissent. All right. But the majority said in that case, “Nope, they don't get their attorneys fees.” So am I stuck with that? You say now, well, well, this is a general problem. Go back to your lengthy career. When do I say well, I lost. I lost in the consideration of that. So how long do I keep? What rule do I follow? What approach do I take? And how long do I keep referring to a dissenting approach or view when others think the contrary?

CLEMENT: Well, Justice Breyer, far be it from me to give you career advice!

BREYER: No, no, that's what I'm asking for. (Laughter)

Justice Breyer’s wit breaks up what could otherwise be an hour of argument as dry as dust.

His wit shines outside the courtroom, too. He’s an aficionado of knock-knock jokes according to Justice Neil Gorsuch’s book A Republic, If You Can Keep It. Hundreds, apparently.

Another aspect of Justice Breyer to appreciate: he is aware of how he comes across to people. Listen to him in a dispute over a Tennessee law that said only people who’d lived there for a certain amount of time could sell liquor in the state:

BREYER: So suppose you: “Law: any liquor store has to use paint made in Tennessee. Asphalt made in Tennessee for the parking lot. Neon.” You know, I can go on. (Laughter)

And here’s Justice Breyer pressing a lawyer for evidence, while also letting us know that he’s a regular person, too.

Listen to this case about an effort to purge voters from databases by mailing notifications to them.

BREYER: There might be surveys about how many people throw everything in the wastebasket. I confess to doing that sometimes and— (SMITH: most people do!) — I know that's what your opinion is, and all I'm asking is, is there any hard evidence of that, one way or the other?

SMITH: The evidence we have in the record is that most people throw it in the wastebasket. 70%.

Justice Breyer’s very first opinion announcement happened on January 18, 1995.

It’s a testament to his many years as a professor at Harvard Law School in the way he laid out the case in plain terms:

BREYER: This case involves a local termite inspection contract made in Alabama. The contract had a clause, requiring the arbitration of disputes. When respondents bought the house, they found it swarming with termites. So, they brought a lawsuit in state court and then Terminex asked for arbitration, but the Alabama courts wouldn’t send the case to arbitration because under Alabama law, arbitration clauses like this are invalid. In section two of the Federal Arbitration Act, however, makes them valid. So the question was, does the federal law govern or does the state law govern?

In that case, on those facts, federal law governed.

I’ll end with parts of an interview Justice Breyer did with former PBS host Charlie Rose in 2017. Talking here about what judges do:

BREYER: You get some words on a piece of paper. What do they mean? How do they apply? All judges use the same basic tools. You read the words. What do they say? If it says carrot, you cannot say that that means fish, all right? The words count. And history counts. And tradition counts.

Finally, Justice Breyer’s comments about the late Justice Antonin Scalia, who worked with Justice Breyer for 22 years, up until Scalia’s death in 2016. They differed greatly in their approach to the law, but their mutual respect stayed intact.

I think this audio from the PBS interview best illustrates Justice Breyer’s “secret sauce.” That is, his congeniality and desire to listen, to understand. Not to accuse.

Breyer tells of when he and Scalia were addressing 2,000 students in Lubbock, Texas. They explained their different points of view.

BREYER: And I went away thinking, and he did too at the end, it is not so important whether they agree more with him. You see, he’s afraid I’d be too subjective. And I would tend to substitute what I think is good for what the law requires. And I would think, well, I try not to do that. But more importantly, I’d say, but you have a method that is, I think, too rigid. And I think that the way sometimes you approach -- it’s not, I don`t say it in a rude way, but he knows that’s what I think. That the Constitution won’t work as well for the people who have to live under it now and we talked about that. Whether they agreed more with me or more with him, I think the 2,000 students left feeling a little bit better about the institution we’re in, because they saw we’re friends.

It’s true that Justice Breyer’s opinions supported all kinds of things we here at WORLD don’t: abortion, same sex marriage, to name two.

It’s possible the conservative majority could dismantle some of Breyer’s landmark opinions.

Yet as a lawyer and legal analyst, I’m going to miss him very much, because of his ability to disagree without assigning hate to others, and for his civility. And wit.

I hope the next justice has a measure of that.

That’s this week’s Legal Docket.

P.S. Justice Breyer’s Italian pot roast made the news a few years ago. He’s also a very good cook!

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

NICK EICHER, HOST: Time now for our regular conversation on business, markets, and the economy. Financial analyst and adviser David Bahnsen is here. Morning, David.

DAVID BAHNSEN, GUEST: Good morning, Nick. Good to be with you.

EICHER: Well the conflict with Russia, the growing likelihood of an invasion of Ukraine, I wonder about the possibility of a global disruption of the financial markets, too. Would you say that’s sort of the big story right now in the markets?

BAHNSEN: Well, I do think that, um, just as far as the new cycle goes, there is a lot of focus on potential activity with Russia and Ukraine still, and there is not necessarily, in my opinion, a big impact there in the financial markets. But I do believe there's the potential for a really unsettling impact in energy markets. So when I say unsettling, it's the last opportunity. I have become increasingly mystified by the Biden administration's diminishing of their own leverage by effectively threatening Russia with sanctions. And then knowing that the backlash could be them cutting off natural gas to Europe, at a time in which the US could be producing the oil and gas necessary to export to trading partners and allies. And so it could impact oil price. I'm not convinced that oil getting up over $90 is only related to Russia, Ukraine concerns, but I do think it's a factor. And this is turning into a bigger story, not just the Russia side. But oil prices coming up into the 80s. It had done it a couple times last year, usually kind of sold off a bit. Now getting up here into the 90s. And ‘OPEC Plus’ meeting this week, which is the traditional OPEC cartel of Middle Eastern countries, along with Russia, and a couple other member countries that are not the US, but are also not OPEC. This OPEC Plus group didn't ramp up their production, they're continuing to stay on the levels that they had committed to before. And I believe that the missing ingredient here, the marginal producer that could have this opportunity is the United States.

EICHER: It’s interesting you say that. I’m thinking about military readiness, diplomatic preparedness to handle geopolitical challenges that crop up and I think I’m hearing you saying that when the American response to Russia is economic sanctions, it behooves us to have a sort of economic readiness on the level with military readiness, if the plan is, as we hear, to use the economic weapon in response to Russian aggression. Or am I reading too much into that?

BAHNSEN: Well, no, I think that if you play this out, though, scenario some are thinking about is that the U.S. instead of military activity goes a sanctions route. And that Putin, in response to the sanctions, one of the cards he could play is threatening to cut off a gas that they export to Europe. Now, I don't know that he would do that. It would obviously damage Russia quite a bit as well, since they're so reliant on those exports in their own economy. But your point is a good one, that if you're going to go down this path of ‘if this, then that’, when you get down the domino chain a little bit, you would like to think that you need to be prepared to have an alternative to counter that leverage. And the reality is the White House knows they do because they're working the phones to get Qatar and Saudi Arabia and other Middle Eastern countries prepped to export gas to Europe. But why call them? Call Oklahoma, call Texas, you know, beef up our own production. And it isn't just Texas and Oklahoma. You know, we have this capacity in the Dakotas, the Appalachian states, there is a significant ability for us to increase production in the U.S. and use some of that increase production, not only by the way to drive prices down here in the U.S., but to export. And if we weren't in a potential military conflict with potential leverage and strategic scenarios and gamesmanship, I still don't understand why we’d want the ‘lost customer.’ Why do we want Russia or the Middle East supplying oil and gas to Europe and Asian trading partners who I might add are allies. So to me, there's a lot of things wrong with this scenario. And in the meantime, we're sitting here at gas prices and oil prices that continue to go higher.

EICHER: So, before we go, I’d have you touch on the jobs number. We just received the January figures on employment—nearly 500,000(467K) jobs added—and healthy upward revisions on previous months. What do you say about the health of the labor market?

BAHNSEN: Yeah, I think this week, the jobs number was quite interesting. First of all, continuing to reinforce this idea that we've operated with at my firm for some time that you really want to do your analysis with three month rolling averages versus getting pushed and pulled by the month to month gyrations because there's just a smoothing in the data that three month averages provides, that gives you a much more realistic feel. And you had a very big jobs number in January, and the December number, which was terrible, was revised upward a little bit. So the two things I take away from that is again, not getting sucked into the month by month movements, but also, the Omicron thesis really proved to be very empty. The numbers in January do not indicate that Omicron was adding to people staying at home. They do not indicate that Omicron was a factor in depressed economic activity. And it was a pretty encouraging pickup of job activity. Now, there had been some downturn in leisure/hospitality in December. Some of those things are seasonal, they try to account for it and seasonal adjustment. But you know, who knows how good that whole process is. But my point is that I really think we're just looking at a scenario where we have a very healthy jobs market where people want to work, and that our problem in the labor market is getting more people who want to work.

EICHER: All right, David Bahnsen, financial analyst and advisor. Head of the financial planning firm The Bahnsen Group. He writes at DividendCafe.com—daily email newsletter on markets and the economy. David, thank you.

BAHNSEN: Thanks for having me, Nick.

NICK EICHER, HOST: Today is Monday, February 7th. 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.

Next up: The WORLD History Book. Today, an anti-apartheid milestone, the birth and death of a pioneering author, and flames in Florence. Here’s senior correspondent Katie Gaultney.

SONG: “Pavana el Todesco”

KATIE GAULTNEY, SENIOR CORRESPONDENT: Before the Bonfire of the Vanities was a mid-1980s novel by Tom Wolfe, it was an actual historical event. A Dominican friar named Girolamo Savonarola in Florence, Italy, ignited a series of bonfires, incinerating items he believed tempted people to sin. The largest and most significant of those took place on February 7th, 1497—525 years ago.

In the hot seat: books, mirrors, makeup, extravagant clothing, playing cards, secular sheet music, and musical instruments. The flames also consumed significant works of art—tapestries, paintings, and sculptures—some dating to antiquity.

Savonarola’s reputation as a compelling preacher grew along with his political influence. He came to prominence on the coattails of the powerful Medici family, and then helped orchestrate their downfall—becoming the effective leader of Florence. And he clashed with the well-connected Borgia family. From the 2011 Showtime drama The Borgias:

THE BORGIAS: Think you I fear the flame? I have the Word of God! It is the Borgias who will burn!

When Savonarola began passionately speaking out against corruption in the Catholic Church, the Pope got a bit…well, hot under the collar. Ultimately, Pope Alexander VI—a Borgia—excommunicated Savonarola, and a year later—in 1498—the church sentenced him to death.

He died at the gallows, and flames below consumed his body.

Moving from Renaissance-era Florence to 19th century Wisconsin.

VIVI: “Once upon a time, 60 years ago, a little girl lived in the Big Woods of Wisconsin, in a little gray house made of logs.”

MUSIC: Blue Ridge Mountain Old Time Banjo, Roger Howell

So goes the opening line of Laura Ingalls Wilder’s debut autobiography, Little House in the Big Woods, published in 1932. This week marks 155 years since the author’s birth, and 65 years since her death.

Her books have enthralled readers for nearly a century, with their vivid accounts of life in the American heartland in the late 1800s.

LHOTP: Up we go, me love!/ All right, here we go! Kansas, here we come!/ Ready or not!

That clip from the 1970s TV series inspired by her books. Wilder earned her teaching certificate at age 15, serving as a schoolmistress in Dakota territory. During that time, she met and fell in love with the man who would become her husband, Almanzo Wilder. The Wilders faced setback after setback, from farming woes to a devastating house fire to crippling illness and the death of their infant son. The couple eventually settled in Mansfield, Missouri, where they would remain until their deaths.

As an adult, Rose, the couple's only surviving child, pushed her mother to write down her memoirs. Wilder finished the final installment in her Little House series when she was 76. She died in her sleep just three days after her 90th birthday. Today, several museums and landmarks—including a crater on the planet Venus—memorialize Wilder. Of course, her most enduring legacy is her volume of literature that speaks to the innocence, adventure, and unmerciful hardship of the American Midwest.

And we’ll finish our jaunt through history and around the globe with a stop in South Africa.

NEWS: Good evening. For 27 years, six months, and six days, he had been a prisoner…Tonight, he is a free man.

That news report from CBC on February 11th, 1990, announcing that South African authorities had released Nelson Mandela from a prison outside Cape Town. For his activism against apartheid, Mandela faced charges of sabotage, treason, and violent conspiracy. The South African justice system sentenced him to life in prison, and he served 27 years of that term before his release. Apartheid, of course, was the authoritarian political system that propped up the country’s white minority population, while disenfranchising the majority, who were black.

Mandela served time at three facilities, facing damp conditions and often inhumane treatment. Mandela’s celebrity grew, and he managed to bend the ear of South African officials, even from prison. Facing pressures from within South Africa and internationally, newly installed President F.W. de Klerk ordered Mandela’s release.

DE KLERK: I am now in a position to announce that Mr. Nelson Mandela will be released at the Victor Verster Prison on Sunday, the 11th of February, at about 3 p.m.

At age 71, Mandela anticipated a small group awaiting his release outside the prison.

SOUND: Throngs of supporters attend Mandela’s release

But instead, thousands of well wishers and journalists stood outside the prison gates as Mandela and his wife, Winnie, exited.

Two days after his release, Mandela addressed his supporters.

MANDELA: We are going forward. The march towards freedom and justice is irreversible.

SONG: “Mandela: Bring Him Back Home,” High Masekela

Ultimately, Mandela and de Klerk collaborated to negotiate an end to apartheid. The country’s first truly democratic—and multiracial—election took place in 1994. Voters tapped Mandela as the country’s next president. Most remember his valiant efforts to promote equality and human dignity, but he overlooked protections for an entire class of people: the unborn. Sadly, his legacy includes signing drastic pro-abortion measures into law in 1996. Global health researchers estimate 260,000 abortions take place in South Africa each year.

That’s this week’s History Book. I’m Katie Gaultney.

NICK EICHER, HOST: Tomorrow: prenatal testing. We’ll find out why parents can’t rely on them for accurate information.

That and much more tomorrow.

I’m Nick Eicher.

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

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