The World and Everything in It - July 4, 2022

MARY REICHARD, HOST: Good morning!

Religious free exercise scores a win at the U.S. Supreme Court in the case of the praying football coach.

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

Also today the Monday Moneybeat, economist David Bahnsen on how political freedom and economic freedom go together.

Plus the WORLD History Book. Today, the Declaration of Independence.

REICHARD: It’s Monday, the 4th of July! 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 now for the news with Kent Covington.

KENT COVINGTON, NEWS ANCHOR: Mayorkas defends Biden administration's border enforcement » Homeland Security Secretary Alejandro Mayorkas says the Biden administration is doing all it can to prevent migrant deaths. Following multiple human smuggling tragedies resulting in nearly 60 deaths last month, Mayorkas told ABC’s This Week…

MAYORKAS: We continue to warn people not to take the dangerous journey. We are enforcing our laws. And we are working with countries to the south.

Republicans say President Biden’s policies are fueling the border surge. And they say his plans to end the so-called “remain in Mexico” policy will make it worse.

Border arrests rose to a record high in the month of May, roughly 240,000. That’s with a growing number of migrants coming from around the world, including Turkey, India, and Russia.

SCOTUS security chief asks VA, MD to halt protests at justices’ homes » Pro-abortion activists continue to protest at the homes of Supreme Court justices. And now the court’s security chief is asking two Republican governors to put a stop to it. WORLD’s Josh Schumacher has more.

JOSH SCHUMACHER, REPORTER: Supreme Court Marshal Gail Curley is asking Maryland Gov. Larry Hogan and Virginia Gov. Glenn Youngkin for help.

She said, for weeks, “protesters chanting slogans, using bullhorns, and banging drums have picketed Justices’ homes.”

Authorities even charged one man with plotting to murder Justice Brett Kavanaugh at his house in Maryland.

Both governors have called on Attorney General Merrick Garland to break up the protests. They pointed to a federal law against demonstrations aimed at intimidating a judge in a pending case.

Republicans have criticized the Biden Justice Department for choosing not to enforce that law.

Reporting for WORLD, I’m Josh Schumacher.

Russia seizes control of Ukrainian stronghold in Luhansk » Russian troops seized control Sunday over the last Ukrainian stronghold in the eastern province of Luhansk. Ukraine’s forces have pulled out of the city of Lysychansk.

President Volodymyr Zelenskyy acknowledged the withdrawal. But he added that—quote—“Ukraine does not give anything back” and vowed to return with more modern weapons.

Over the weekend, Zelenskyy welcomed Australian Prime Minister Anthony Albanese in Kyiv, where Zelenskyy expressed his gratitude.

ZELENSKYY: We have to further increase the sanctions pressure, and we are thankful to Australia for their staight-forward and consistent position in terms of the sanctions.

Albanese on Sunday also pledged another $100 million in military aid to Ukraine.

Gunman opens fire in Denmark shopping mall, killing 3 » A 22-year-old wearing shorts and a sleeveless shirt and carrying a rifle strode into a busy shopping mall in Copenhagen on Sunday and opened fire. Three people are dead and three more critically injured. Police arrested the suspect and would not speculate about his motive. Mass shootings are rare in Denmark, where it is illegal to carry a firearm in public.

New York new gun restrictions » New York Gov. Kathy Hochul over the weekend signed new gun restrictions into law after the Supreme Court last month struck down a gun law in her state.

HOCHUL: The Supreme Court’s decisions were certainly setbacks, but we view them as only temporary setbacks.

The new law bans guns in a long list of so-called “sensitive spaces.” That list includes schools, parks, public transit, government facilities and most entertainment venues, as well as Times Square.

And anyone applying for a concealed carry permit will have to provide character references and take firearms training, list their social media accounts dating back three years, to check for dangerous rhetoric.

Republicans predict the law will not survive legal challenges.

The Supreme Court last month said New York could no longer force applicants for a gun license to show they had some kind of extraordinary need to carry one.

Box office: Big opening for Minions: The Rise of Gru » At the weekend box office, a big opening for the latest Minions movie.

TRAILER: Minions, there are a lot of other villains in the world, but I am going to be a super villain!

Minions: The Rise of Gru hauled in an estimated $109 million over the holiday weekend.

Top Gun: Maverick finished second with another $26 million. It has grossed more than a billion dollars worldwide. 

MARY REICHARD, HOST: It’s Independence Day this Monday, July 4th, 2022. 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 now for Legal Docket.

The Honorable Ketanji Brown Jackson is now the 104th Associate Justice of the Supreme Court of the United States.

She took her oath of office last Thursday.

BROWN JACKSON: I Ketanji Brown Jackson  do solemnly swear...

Leading her through it was the justice whose seat she’ll be taking, Justice Stephen Breyer. He administered one of the two oaths she took.

JUSTICE STEPHEN BREYER: And that I will faithfully and impartially

JACKSON: And that I will faithfully and impartially

BREYER: discharge and perform
BROWN JACKSON: discharge and perform

BREYER: all the duties

JACKSON: all the duties

BREYER: incumbent upon me

JACKSON: incumbent upon me

BREYER: as an associate justice of the Supreme Court of the United States.
JACKSON: as an associate justice of the Supreme Court of the United States.

REICHARD: Also last week, the Supreme Court handed down the final several opinions.

We’ll cover one of the biggest religious liberty decisions this term: Joseph Kennedy v. Bremerton School District: the case of the praying football coach.

Legal reporter Jenny Rough is here now to fill us in on the details of that opinion. Hi, Jenny.

JENNY ROUGH, LEGAL REPORTER: Hi, Mary. The Supreme Court held 6-3 that a public-school football coach has a constitutional right to say a personal prayer midfield after a game. In doing so, the court reversed the decision of the lower courts.

Interesting trivia: this case can be traced back to the 2006 movie, Facing the Giants.

ANNOUNCER: 28 to 10 is the final score. The Princeton Heights Panthers take it to the Shiloh Eagles.

SHILOH FOOTBALL PLAYER: I knew we were gonna get killed tonight!

In the movie, football coach Grant Taylor spends the season helping his players understand their purpose in life—on and off the field. Not to live merely for winning games and earning trophies that will collect dust, rather, to love God, work hard, respect others. No matter the circumstances.

After a tough loss, the team gathers in the locker room and the coach reminds them of what they’ve learned.

COACH TAYLOR: Your effort was good tonight. You’ve got nothing to be ashamed of. You played hard. The Shilohs had the best season they’ve had in a long time. God has been good to us this year.

SHILOH FOOTBALL PLAYER: Guys, Coach is right. We got to praise God when we win. And praise Him when we lose.

COACH TAYLOR: Let’s take a knee.

That movie inspired Joe Kennedy to take a job as a high school football coach in Bremerton, Washington, back in 2008. It also inspired him to say a prayer of thanks to God after every game, win or lose.

REICHARD: Still, there are big differences between the movie and the real-life drama that played out in the state of Washington and led to a Supreme Court case.

The football coach in the fictional movie worked for a private, religious high school. Coach Kennedy worked for a public institution, Bremerton High School. He was a state government employee.

While on the job, he and other public-school employees can attend to personal matters. For example, text a spouse or check a sports score.

And, according to Kennedy, say a prayer.

ROUGH: For seven years, Kennedy prayed after each game. Over time, most of the team joined him. Even players from opposing teams would join in. Sometimes Kennedy included a motivational speech mixed in with his prayers. Kennedy also held pre- and postgame prayers with his team in the locker room.

In the fall of 2015, a coach from another school mentioned Kennedy’s prayers to Bremerton’s principal. The coach was admiring the practice, not complaining.

Still, it set off alarm bells. The school feared Kennedy’s practice looked like government endorsement of a particular religion. Officials thought it was a violation of the establishment clause of the U.S. Constitution.

REICHARD: So the school superintendent asked Kennedy to stop his motivational talks that included religious references and asked that he stop leading prayers.

Kennedy complied with both of those requests. But he continued to offer a personal prayer of thanks after the games. He’d walk out to the 50-yard line, kneel, and bow his head.

Media coverage escalated and after one game in particular, adults joined Kennedy on the field and chaos broke out.

The school district put Kennedy on paid administrative leave.

ROUGH: Some time later, Kennedy sued the school district for violating his First Amendment rights to the free exercise of religion and free speech.

Justice Neil Gorsuch wrote the opinion in favor of Kennedy.

First, Gorsuch said, the school violated Kennedy’s right to exercise his religion because school policy wasn’t neutral. It targeted a religious practice. Other coaches could make personal calls or attend to private matters after the game.

REICHARD: Second, the court held, the school violated Kennedy’s right to free speech.

That was a major focus during oral argument back in April. Was the prayer Kennedy’s own personal speech or was it part of his job that gave the school power to restrict him?

Justice Sonia Sotomayor thought Kennedy was speaking on behalf of the school district when he prayed.

KENNEDY: He had an obligation to remain behind for two hours after the game finished. That was part of his duties. He had a duty to make sure that he escorted all the players off the field. He had a duty to make sure the other team got off the field. He had a duty to do a post-game wrap-up both with the players and the coach.

REICHARD: But lawyer for Kennedy Paul Clement argued otherwise:

CLEMENT: When Coach Kennedy took a knee at midfield after games to say a brief prayer of thanks, his expression was entirely his own. That private religious expression was doubly protected by the Free Exercise and Free Speech Clauses.

ROUGH: And also on this point, the Supreme Court agreed with Kennedy. During the time Kennedy prayed, he wasn’t giving instruction or reviewing game plans or doing any duty the district hired him to do.

However, even that didn’t fully resolve the case. The court had to address one last point.

Even though Kennedy’s prayer was doubly protected by the First Amendment’s free exercise and free speech clauses, the school argued it must suspend Kennedy’s prayers. Otherwise it would violate the establishment clause.

REICHARD: It’s at this point that the burden of proof shifted to the school to show its reasons to overcome Kennedy’s constitutional protections.

But the parties dispute which legal test applies to determine whether the school met its burden of proof.

Ultimately, the court said it didn’t matter. The school couldn’t meet its burden under any test.

The school also argued that Kennedy coerced students to join him in prayer. Here’s the school district’s lawyer, Richard Katskee, at oral argument:

KATSKEE: Some of these kids were just 14 years old. Mr. Kennedy's actions pressured them to pray. If a math teacher knelt and said audible prayers in class just before the bell, the school district could act. Coaches have far more power and influence, especially at the time and place of those traditional post-game speeches.

That didn’t fly with the majority justices, either. The evidence simply didn’t support that assertion. The opinion mentions that after Kennedy stopped his locker-room prayers, not a single Bremerton player joined Kennedy postgame on the 50-yard line.

ROUGH: Now for the dissenting justices: Justice Sonia Sotomayor (who wrote the dissent) joined by Justices Stephen Breyer and Elena Kagan.

They noted that Kennedy made multiple media appearances announcing his intention to pray: That he was still on the job and in uniform. That a reasonable observer would have seen him as a public employee continuing his history of praying with players. So, they say, coercion was implied.

The dissent takes the view that the establishment clause commands a separation of church and state. And that there’s not enough of that separation here.

But the majority held that the establishment clause doesn’t require the government to “purge” everything religious from the public square. Doing so would wrongly result in a school’s ability to “fire a Muslim teacher for wearing a headscarf … or prohibit a Christian [assistant] from praying quietly over her lunch in the cafeteria.”

REICHARD: After the decision came down in his favor, Coach Kennedy told a CNN reporter he breathed a big sigh of relief.

KENNEDY: This is just a great day for every American. It really shows the diversity and inclusion of exactly what America is about. I think everybody has the exact same freedom. People of faith. People of no faith. Of different faith. That’s what America’s all about is just being able to enjoy our freedoms.

This case is complicated. Not only from a constitutional law perspective, but from a faith perspective.

ROUGH: In discussions about this case, Matthew 6 frequently comes up. That’s the passage in the Bible where Jesus gives his followers instruction on prayer—to do so secretly.

We’re going to do a deep dive into all these issues on Season 3 of the Legal Docket podcast. So please join us for that later this summer. You won’t want to miss it!

For now, that’s this week’s Legal Docket. I’m Jenny Rough.

NICK EICHER, HOST: Well, for some people the Fourth of July is all about stuffing your face—Joey Chestnut, reigning champ of chomp will compete to retain his title of fastest hot dog eater. Later today he’ll do his thing at Nathan's Famous International Hot Dog-Eating Contest on Coney Island.

But there’s another eating event making headlines this holiday in New York. Nearly 20 nibblers went to work chowing down on two acres of greens.

HERROLD: They love this stuff. They eat poison ivy, they eat the porcelain berry, they eat the multiflora rose and that's what we're trying to get rid of.

John Herrold is chief executive of the Riverside Park Conservancy. Last week, the NYC park district released more than a dozen goats into a fenced off area to consume invasive weeds that have been marring the landscape.

One mother and her children stood nearby watching the goats do what goats do.

HERROLD: It’s nice to see them nibbling the weeds and taking care of the park. They get what they need and the park gets what they need and everyone can come and enjoy them.

Concerning Joey Chestnut, though. We still don’t know whether he’ll take his 15th hotdog eating title today, but these four legged herbivores might beat him out for the title, “greatest of all time.” Because you know the acronym for that, right? G-O-A-T.

It’s The World and Everything in It.

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

NICK EICHER, HOST: Time now for our weekly conversation on business, markets, and the economy with financial analyst and adviser David Bahnsen. Good morning and Happy Independence Day!

DAVID BAHNSEN, GUEST: Yes. Happy Independence Day, Nick, good to be with you.

EICHER: Well, Fourth of July also means we’re past the halfway mark of the year, two quarters in the books, two quarters still to write for 2022 . Do you have enough data to make an economic assessment of the first half?

BAHNSEN: Well, certainly, I mean, we know that the first half of the year was one of the most tumultuous first halfs in quite some time, both in terms of the economy and certainly in the markets. There's a lot of the distress and turmoil in the markets that I think was incredibly foreseeable. Those who believed a lot of the bubble that had been blowing in certain overinflated risk assets, I think were holding on to hope as a strategy rather than common sense. But beyond some of those things that we've talked about, crypto and big tech, and some of the other stuff that really just got destroyed this last first half of the year. I think that just in the broader market and broader economy, we now reflect a vulnerability around policy, around the Fed, around the cost of capital - will you end up with a return on invested capital that is lower than the cost of capital? That's basically what the old Wicksellian construct is of a recession. And he's [an] Austrian economist who did a lot of work around business cycle theory. And he talked about the idea of when the cost of capital exceeds return on invested capital, it being recessionary. But vice versa, being expansionary. Well, look, we've had a long period of time where businesses could invest capital and get a higher return on what they did with that capital, building new plants, hiring new people, adding to inventory developing new technologies; they could get a higher return on that than the cost of the capital. Right now, as cost of capital goes higher, it will very likely put downward pressure on business investment. And that will be the big question mark going forward for economic growth and health.

EICHER: You mentioned the Fed, David: Is the Fed still on track with its policy change, raising the interest rate and reducing its balance sheet, the quantitative tightening?

BAHNSEN: Well, no, the Fed announced about three months ago that starting in July, they would be just rolling off $47 billion a month, meaning that there would be $47 billion of treasury bills and mortgage bonds that they own, that would mature and that amounts’ worth would not be reinvested, they would have let it roll off. Well, keep in mind, you're talking about a $9 trillion balance sheet. So 47 billion is not a huge amount. But it is higher than the 20-25 billion they were doing a few years ago. They intend to let that 47 billion double up to 95 billion later in the year. And so that has started, but this was all well announced and telegraphed. And then yes, about a few weeks ago now, they raised the interest rate, three quarters of a point, they'll do the same next month as well. And then we'll kind of see where things go. If the rate of growth of inflation begins to sort of downtick, which I actually am increasingly convinced it will be, that may very well cause the Fed to slow down a bit. But in the meantime, they certainly have to continue the talk and the rhetoric around tightening as much as they can, especially with inflationary data where it sits.

EICHER: I’m going to let you run in just a moment, I appreciate your giving some of your holiday to talk with us, but I did notice your Independence Day–themed Dividend Cafe this weekend, and I wonder if you’d reflect for a moment on the meaning of liberty and how political freedom and economic freedom work together.

BAHNSEN: Well, I believe that most people look at Independence Day in the American context as a holiday of political and civic liberty, and it is both of those things. I also agree with Milton Friedman, that economic liberty is a necessary, but not sufficient, condition for political liberty. We're blessed in our country and in our history to have had both. A country like China decided to expand economic liberty over the last few decades, but didn't expand political liberty, and they're dealing with the kind of one hand tied behind their backs effect of that. You can have some economic liberalization without political liberty, but you can't have political liberty without economic liberty. And so I believe that the American experiment is more genius than we give it credit for. And that when we think about things like markets and the economy, what investors are doing, participating in the activity of human beings towards the meeting of human needs, the development of goods and services that impact the quality of life for everybody, this is a miracle. This is a byproduct of the last couple of centuries of human history. They go hand in hand with what took place on July 4, 1776. It was an economic declaration as much as it was a political one in what our founding fathers stated to King George III. So I do believe that the history of this matters, and I do believe that we live in not just a political and civic context of liberty, but of economic liberty, of where things like the division of labor and specialization and understanding incentives and appreciating the concepts of both risk and reward - all of these things that are fundamental to a classically economic understanding of free enterprise. These are Fourth of July principles, and I hope we all take a moment to reflect on that today.

EICHER: All right, that's David Bahnsen. He's a financial analyst and advisor and head of the financial planning firm, the Bahnsen group. David’s daily writing is at DividendCafe.com. You can read him online or sign up there to receive his daily missive by email.

David, thanks again.

BAHNSEN: Thanks so much, Nick.

NICK EICHER, HOST: Today is Monday, July 4th. 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. Up next, the WORLD History Book. Sixty-five years ago today—on July 4th, 1957, a young senator from Massachusetts reads the Declaration of Independence for New York radio station WQXR.

EICHER: In honor of the 4th of July, here is a shortened version of that oration. The senator, by the way, is John F. Kennedy.

JOHN F. KENNEDY: WHEN in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness—That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great-Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance...

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of annihilation, have returned to the People at large for their exercise; the State remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, standing armies, without the consent of our legislatures.

He has affected to render the military independent of and superior to the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states:

For cutting off our trade with all parts of the world:

For imposing taxes on us without our consent:

For depriving us, in many cases, of the benefits of trial by jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies:

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, enemies in war, in peace, friends.

We, therefore, the representatives of the UNITED STATES OF AMERICA, in general congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great-Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

NICK EICHER, HOST: Tomorrow: Post-Dobbs misinformation is rampant. We’ll hear the truth about treatment for ectopic pregnancies and miscarriages.

And, our Classic Book of the Month.

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.

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The Bible says: Deceit is in the heart of those who devise evil, but those who plan peace have joy. (Proverbs 12:20 ESV)

Go now in grace and peace.

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