MARY REICHARD, HOST: Good morning!
An American icon died on Friday. U.S. Supreme Court Associate Justice Ruth Bader Ginsburg: a trailblazer for women’s rights and we’ll talk about her today.
NICK EICHER, HOST: That’s ahead on this week’s Legal Docket.
Also today, the Monday Moneybeat. We’ll zoom in a bit on the jobs recovery, talk about where most of it’s coming from and why.
Plus, the WORLD History Book. Today the 15th anniversary of a publicity stunt gone wrong.
And Andrée Seu Peterson on putting first things first.
REICHARD: It’s Monday, September 21st. 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: Trump to announce nominee, two GOP senators say he should wait » President Trump told supporters over the weekend that he will soon announce his pick to replace the late Supreme Court Justice Ruth Bader Ginsburg.
TRUMP: I will be putting forth a nominee next week. It will be a woman.
Two women are believed to be the top candidates. The first is 48-year-old Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals in Chicago. She is a former clerk to the late high court Justice Antonin Scalia. The other is Barbara Lagoa of the 11th Circuit in Atlanta.
However, two Republican senators say they oppose filling the vacant Supreme Court seat before voters have had their say. Alaska’s Lisa Murkowski and Susan Collins of Maine—both say the winner of the November 3rd election should name Ginsburg’s replacement.
It would take four GOP defections, though, to block a Senate confirmation. And that assumes no Democrats side with Republicans.
But House Speaker Nancy Pelosi said Sunday that the Democrats in her chamber may try to block Trump from replacing Ginsburg. She told ABC’s This Week …
PELOSI: Well, we have our options. We have arrows in our quiver that I’m not about to discuss right now.
When asked if the House would consider impeaching President Trump a second time in an effort to stop the Senate from confirming a new justice, Pelosi said she wouldn’t rule anything out.
The House has no formal say in presidential nominations. That’s a role the Constitution assigns to the Senate.
Bobcat Fire doubles in size northeast of Los Angeles » Wildfires continue to burn along the West Coast. In Southern California over the weekend, wind-driven flames incinerated homes, and destroyed a nature center in a famed wildlife sanctuary.
Fires have consumed more than 150 square miles in the San Gabriel mountains northeast of Los Angeles. The Bobcat Fire started Sept. 6th and has already doubled in size over the last week—becoming one of the biggest wildfires ever in LA County.
Meantime, 200 miles to the north, Cal Fire Captain Leithan Dryden watched helplessly as flames consumed his own house—just 17 days after moving into it.
DRYDEN: In doing what I’ve been doing for the past 15 years, I’ve been in the fire service, and it’s hard to be able to watch your own home burn, let alone other people’s homes burn and their possessions. But it really hits home when it’s your own house.
But there is some good news in the Pacific Northwest, where rain over the past couple days has helped firefighters battling 29 blazes across Oregon and Washington.
Tropical Storm Beta heads for Texas coast » Yet another storm is heading for the Gulf Coast.
Tropical Storm Beta is expected to officially make landfall along the Texas coast late tonight or tomorrow morning.
Galveston County Judge Mark Henry told reporters Sunday that the storm primarily threatens those who live right along the coast.
HENRY: The coastal surge, combined with the freshwater rain, combined with the inability for those waters to recede are our greatest concerns.
But Henry said the good news right now is that officials do not see Beta as a life-threatening storm.
While it could bring up to 20 inches of rain to some areas of Texas and Louisiana over several days —it’s no longer expected to reach hurricane strength.
And Beta is not expected to cause catastrophic flooding. Hurricane Harvey, by comparison, dumped more than 50 inches of rain on Houston in 2017.
Trump approves TikTok partnership with Oracle, Walmart » President Trump has given his blessing to a proposed deal to keep the popular video-sharing app TikTok up and running in the United States.
The Trump administration had flagged TikTok as a national security risk over fears the app’s Chinese owner could be passing users’ personal information to the Chinese government.
The administration threatened to ban the app as of yesterday. But the president over the weekend gave his blessing to a new partnership between TikTok and U.S. tech giant Oracle, as well as Walmart. Together they would form a new company.
TRUMP: They’ll be hiring at least 25,000 people. It will most likely be incorporated in Texas. It will be a brand new company.
The deal would make Oracle responsible for hosting all TikTok’s U.S. user data and securing computer systems. Walmart said it will provide its e-commerce, fulfillment, payments and other services to the new company.
TikTok said Oracle and Walmart could acquire up to a cumulative 20 percent stake in the new company before an initial public offering of stock.
I’m Kent Covington.
Straight ahead: remembering Supreme Court Justice Ruth Bader Ginburg.
Plus, Andrée Seu Peterson shares a story of God’s provision.
This is The World and Everything in It.
NICK EICHER, HOST: It’s Monday morning and another work week for The World and Everything in It. Today is the 21st of September, 2020. Good morning to you, I’m Nick Eicher.
MARY REICHARD, HOST: And I’m Mary Reichard. U.S. Supreme Court Associate Justice Ruth Bader Ginsburg has died. She died on Friday at her home, among family, at age 87.
A pioneer for the rights of women, Ginsburg blazed a trail for women to break out of traditional expectations and pursue a career. It’s hard to overstate her influence in that respect.
Ginsburg battled prejudice against not only women but against Jews. She had to overcome stereotypes during a time of entrenched expectations for women. She did so with intelligence and legal strategy.
This is from a 2016 interview with TV host Jane Pauley on CBS:
GINSBURG: I had three strikes against me. One I was Jewish. Two, I was a woman. But the killer was I was the mother of a four year old child.
EICHER: Ruth Bader Ginsburg was born to Russian-Jewish immigrants in Brooklyn, in 1933. Her mother, Celia, worked in a garment factory. Cancer took her life when Ginsburg was just 17.
GINSBURG: She said two things. Be a lady, be independent. Be a lady meant don’t give way to emotions that zap your energy, like anger. Take a deep breath and speak calmly.
REICHARD: Her father, Nathan Ginsburg, made a living as a furrier. The family valued education, and she graduated first in her class at Cornell University where she studied literature.
That’s also where Ruth Bader met the love of her life, Martin Ginsburg. They married in 1954 and went on to have a daughter and a son. Their marriage lasted 56 years until he died 10 years ago. Ginsburg called her husband her “biggest booster.”
EICHER: She enrolled at Harvard Law School at age 23, and in a class of 552 men—she was among 9 women. During that time, she cared for her first child and her husband as he received treatment for cancer.
He recovered and she followed him to New York for his job. Ginsburg transferred to the Columbia law school where she graduated first in her class of 1959.
But her impressive record didn’t translate into much in the way of work. She received offers from law firms, but at lower salaries than for men. She then took on work as a law professor and directed the Women’s Rights project of the ACLU.
She argued and won six sex discrimination cases before the U.S. Supreme Court.
REICHARD: These experiences informed the course of her life; a strategic path to expand the rights of women. It made her a feminist icon; they made movies about her.
GINSBURG: I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.
I called up two people to reflect upon Ruth Bader Ginsburg’s life. One is Jennifer Braceras, a lawyer and director of the Independent Women’s Law Center, a project that advocates for women in legal policy. I asked her how she’d describe Ginsburg.
BRACERAS: The word I would most use to describe her is she was a fighter She fought for respect and recognition in law school, in the legal profession for herself, for other women, for her daughter. And she took that fight to court and ultimately she was a fighter against cancer which she had to battle numerous times.
I also spoke to Adam Carrington, associate professor of politics at Hillsdale College. He writes extensively on constitutional law and the Supreme Court.
I asked him why he thinks Ginsburg became a celebrity jurist, as compared with her colleagues. They don’t have bumper stickers, socks, and t-shirts with their faces on them.
CARRINGTON: She had a real flair for the dramatic. Even as a judge, she had people would look for what were called dissent collars as part of her regalia as a judge on days that she might be reading a dissent. And I think little things like that, I think showed that she had had a persona that people could gravitate towards. In addition to just having the great competence intelligence and being a trailblazer.
Ginsburg’s style of dramatic was more understated. About those collars…
GINSBURG: This is my dissenting collar. It’s black and grim.
Ginsburg was great friends with her ideological opponent on the court, the late Justice Antonin Scalia. I asked Braceras about that friendship.
BRACERAS: You know, it’s funny, my kids asked me about that the other day. They said, you know, mom, I heard she was really good friends with Justice Scalia! And I actually heard she liked Brett Kavanaugh! And, you know, what made me sad about that was the fact that they were surprised. And what I tried to explain to them is there are only nine people on the Supreme court, and it’s very difficult to hate somebody that you work with so closely over the course of many years.
Sometimes it’s the little things, the peculiarities of a person, that’s memorable. Adam Carrington:
CARRINGTON: I will say that one phrase I loved that she would always use when she would argue that something made sense according to the law or that something was a good fit. She would say, “that fits the bill.” And that was just a recurring sort of idiom she really liked to employ that I thought was it was, it was a Ginsburgism, if you can, if you can call it that.
You know, I do think she was a clear, crisp, witty writer that, you know, we don’t have enough of those in the legal profession. And I think that being able to write in ways like that was a good thing for her legacy.
Speaking of which, Braceras chose one case in particular that helped cement it:
BRACERAS: I think her most notable opinion was her majority opinion and the case of US versus Virginia, the case about the Virginia Military Institute. It was a seven to one decision that held that Virginia had to allow women into the Virginia military Institute. It had previously been an all male institution. Justice Ginsburg wrote that opinion. And that was a landmark case. So sort of pushing sex and gender closer to race as far as courts are concerned.
Back to those spicy dissents for which Ginsburg was so well known.
Braceras pointed to a case involving pay discrepancies between men and women. The majority decided the case on grounds of time limitations and not the underlying problem.
BRACERAS: Another opinion that she’s very well known for was her dissent in the Lily Ledbetter case, which she felt so strongly about, she read from the bench And she was very upset with the court’s decision. She read a blistering dissent from the bench, and Congress agreed with her from a policy position and, and altered the law to say what she had wanted it to say.
Blistering in content, yet not in delivery, as her mother taught her. At WORLD, we say, “sensational facts, understated prose.” Let’s listen to Ginsburg reading part of that dissent.
GINSBURG: In our view, the Court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination. This is not the first time this court has ordered a cramped interpretation of Title VII incompatible with the statute’s broad remedial purpose.
No life is without some regrets, of course. In 2016, she spoke disapprovingly of candidate Donald Trump, a compromise of judicial impartiality. She apologized, with a jab at the media.
GINSBURG: Judges should not talk about political candidates. And the press has blown this up out of all proportion.
For Christians, her support of abortion at any stage of pregnancy is most concerning. Yet, Ginsburg regretted the way in which the Court stepped into that debate, cutting short the democratic process.
GINSBURG: Better to go step by step and have a series of decisions rather than have one decision that made every law of every state, even the most liberal, unconstitutional. Too giant a stride.
Ginsburg was a stickler for rules and well known for her knowledge of legal procedure. Braceras pointed out how much of a stickler in the context of the Equal Rights Amendment. Ginsburg very much wanted the ERA to become law, but…
BRACERAS: Justice Ginsburg said in several speeches in the last few months that she didn’t think the Equal Rights Amendment had been properly ratified and that in order for it to become law, they would have to start from the beginning and reintroduce it in Congress, pass it and send it back to the States for ratification, or she said, put it back in the political hopper and start again. That’s something I really respect about her because process matters and that’s true whether you’re arguing in court or whether you’re trying to pass a constitutional amendment.
So, you know, I think her legacy is a commitment to process and making sure that things are done correctly. And in the case of the ERA, that would mean starting over again.
I want to add my own personal reflection about Justice Ginsburg, just briefly.
I knew about her pioneering work on behalf of women before she became a justice. I didn’t agree with some of her opinions. But I did feel inspired by her, and I knew opportunities in my life came from the work done by women like her.
Ginsburg didn’t back down from her convictions, even though sometimes I wished she had. Yet to this day I admire her example of standing firm.
Also, I appreciated her perspective on age. I’m someone who didn’t figure out what I really wanted to do until I was 48 years old. So I really appreciated that Ginsburg didn’t fret about age.
Here she is on a recent BBC interview, referring to her nomination.
GINSBURG: I was age 60 when I was nominated, and some people thought I was too old for the job. Well, now I’m into my 27th, starting my 27th, year on the court. I’m one of the longest tenured justices. So if you worried about my age, it was unnecessary.
Finally, this word from Ginsburg on how she would like to be remembered, from MSNBC:
GINSBURG: Someone who used whatever time she had to do her work to the very best of her ability and to help repair tears in her society. To do something outside myself.
U.S. Associate Supreme Court Justice Ruth Bader Ginsburg.
And that’s this week’s Legal Docket.
MARY REICHARD: Coming up next on The World and Everything in It: The Monday Moneybeat.
NICK EICHER: Financial analyst and advisor David Bahnsen joins us now from New York City. David, good morning.
DAVID BAHNSEN, GUEST: Well, good morning. Good to be with you.
EICHER: So, I saw the Labor Department report on unemployment that broke down where we’re finding unemployment: different regions of the country. And so the overall 8.4 percent unemployment figure for August, the report showed pockets of higher joblessness in the Northeast and West, but lower in the Midwest and southern states. What does it tell you, David?
BAHNSEN: It’s really actually very simple, in my opinion. What you see is an incredibly disproportionate level of unemployment—even adjusted for population. OK, we already know California and New York are very populous states. Even adjusted for population, an incredibly disproportionate level of unemployment in our country coming from those two states. And what do those two states have in common? Clearly some of the most draconian, stringent, and extended restrictions around economic activity and reopening. It’s having a big impact into the lower income sectors of those two states’ labor markets.
EICHER: And again, we’re talking about that more blunt measure of unemployment, looking backward into August. But I’d like to turn to weekly claims for unemployment benefits—a little more real-time.
EICHER: …and I’d like for you to tell about the email you sent me last week with the table that showed California accounting for, it looked like, half of the claims for new jobless benefits.
BAHNSEN: Yeah, there was an August filing that showed—this is straight, by the way, on the Labor Department website, what I was directly sending to you, it was not resourced or repackaged. Anybody can go look it up on the internet. 47 percent of the unemployment claims were from the state of California. Now, there’s a little bit of noise in that because Florida and another state only report every other week, so they were showing zero that week and so forth. But regardless, even adjusted for population it was like quadruple the level of unemployment that it should be. And, by the way, California has a 3.6 percent positivity rate. Of all their testing, only 3.6 percent are testing positive. New York is less than 1 percent. So that’s the irony of this is that their very strict standards for reopening churches and schools and economic activity comes with them both having very low COVID positives, yet their contributing mightily to the unemployment problem in the country and they’re doing so to a lower paid portion of the workforce.
EICHER: And then the most recent filing overall—we’re still trending down, though. Unemployment claims coming down, more people going back to work.
BAHNSEN: Yeah, the number that came this week was the lowest number of initial claims since March, but it was still 860,000. So, it was the lowest we’ve seen but it’s still obviously well above averages. A very bad week in pre-COVID world would have been 6 or 700,000, so we’re still way higher than we want to be. But then continuing claims dropped another million. So, them getting to that 12.5 million range is half of the 25 million we were at. I think that number is, by the way, proving to be the most reliable indicator.
BAHNSEN: Yes, I’m sorry, the continuing claims, I think, is one of the more reliable. Getting an average apples to apples kind of understanding of where things are because of the different noise that can exist in the monthly BLS numbers and the weekly initial claims. Now, look, the New York Times and Politico, I mean, very left-wing, mainstream media publications ran huge stories this week on significant levels of fraud in the initial jobless claims that are skewing the numbers and not by a little, by millions. So, they had a major issue in California that they think boosted it by 550,000. It’s very difficult to comment with any specificity because we just don’t know what it all means and what they’re going to unpack there, but we’ve talked a lot, if you recall over the months, certain weeks we were surprised where the data was or it didn’t really line up with other data points. It’s starting to kind of make sense.
EICHER: Quickly, then, before I let you go—any changes to the trends you’ve noticed in the stock markets? What’s the market story this past week?
BAHNSEN: Yeah, I mean, no question it’s the exact same as it was last week, which is the challenges in big technology while the rest of the market’s kind of doing just fine. And so you’ve seen a very, very disproportionate effect on the up days, the non-tech stuff is going up more than tech and on the down days, the non-tech stuff is going down way less than tech. So there does seem now to be two or three weeks of confirmation of a leadership transformation. Nothing is dropping significantly. But overall the NASDAQ’s down about 10 percent from its earlier high and the Dow’s only moved a little bit. And I think that speaks to just how maybe undervalued some other sectors of the economy were and how overvalued big technology was.
EICHER: Before I say goodbye for this week, David, congratulations are in order. The Barron’s Top 100 Independent Financial Advisors List had you move up from number 96 last year—you moved up 60 places—now to number 36. That’s great! Congratulations to you and your firm. David Bahnsen, financial analyst and adviser. Grateful for your time.
BAHNSEN: Well, thank you very much. I appreciate it. Very nice of you.
NICK EICHER: Today is Monday, September 21st. Thank you for turning to WORLD Radio to help start your day. Good morning. I’m Nick Eicher.
MARY REICHARD: And I’m Mary Reichard. Coming next on The World and Everything in It: the WORLD History Book. Today, the anniversary of a publicity stunt turned deadly. Plus, 50 years ago, the first broadcast of Monday Night Football on ABC.
EICHER: But first, we return to the voyage of the Pilgrims. Here’s Paul Butler.
PAUL BUTLER, REPORTER: The last time we checked in on the English separatists, it was the summer of 1620. They initially set sail on the Mayflower and Speedwell from Southampton, England, on August 5th. But not long into the voyage, the Speedwell began leaking—badly. So they sailed into the port of Dartmouth for repairs. The passengers lived off their journey provisions while they waited.
A little more than two weeks later, they finally leave Dartmouth: Hoping this time, the Speedwell—which at this point seems very poorly named—will prove sea worthy. But 300 miles past land’s end, it’s leaking once again. Turns out, the shipwrights overmasted her, putting too much strain on the hull.
The adventurers and Pilgrims decide to return to England once more. Instead of waiting for a third repair attempt—which would put the whole voyage in jeopardy—they decide instead to attempt the trip in just one ship.
Audio here from a 2016 BBC documentary titled: “The Mayflower.”
CLIP: If you wanted to go to America, Virginia, or New England, you should try to leave…February or March at the latest, so you can get there in the spring and give yourself a full spring and summer to become accustomed to the New World…
In addition to the risks once getting there, they have a far more pressing problem: the Mayflower isn’t intended for many passengers. The quarters are tight, with little privacy, and very unsanitary conditions. They throw themselves on God’s mercy and leave Plymouth, England, on September 16th, 1620. They have little idea what awaits them in the months ahead.
Next, 50 years ago today, September 21st, 1970:
CLIP: [ABC MONDAY NIGHT FOOTBALL THEME]
The first broadcast of “Monday Night Football” on ABC.
CLIP: From Municipal Stadium in Cleveland, Ohio, two powers in professional football meet for the first time ever…the New York Jets and the Cleveland Browns…
The Jets are expected to win behind the arm of quarterback Joe Namath, but the Browns score first and stay ahead the whole game.
CLIP: [GAME SOUND]
In the final two minutes, the Jets are behind by only a field goal, but are pinned down on their 3-yard line. On third down, Namoth throws an interception, and the Browns run it in for a touchdown. The final score: 31 to 21.
ABC hosted Monday Night Football from 1970 to 2005. It became one of the longest-running and most successful prime time programs on commercial network television. It moved to ESPN in 2006.
MUSIC: [CLOSING FOOTBALL THEME]
Our last story begins in the summer of 1992.
CLIP: Of course the Hands on Hardbody will be this coming Tuesday…
A Nissan dealer in Longview, Texas, sponsors a promotional stunt: “Hands on Hardbody.” It’s a contest where people stand around a truck, and have to keep at least one gloved hand on it at all times. Contestants take 5 minute breaks every hour, and a 15 minute break every six hours.
The last person standing wins the truck.
PERKINS: You’re standing in one spot, and you’re doing absolutely nothing…what happens is, you go slowly insane.
Three days later, the last person standing is Benny Perkins.
PERKINS: You know, it’s like the guys that come back from the space program. They’ve got a camaraderie that they share, it’s a closeness, that nobody else can understand.
The contest became a yearly event in Longview, Texas. In 1995 a film crew documented the competition.
Hands on a Hardbody, the film, won the audience award for best documentary at the 1997 Los Angeles Film Festival—inspiring copycat versions of the promotion across the country and around the world.
“Hands on Hardbody” came to a tragic end 15 years ago this month. On September 16th, 2005, one of the final contestants walked away from the dealership during a 15-minute break. He crossed the street, broke into a K-Mart store, smashed open a gun display, and grabbed some ammunition. Police showed up before he could leave the store. The man turned the gun on himself and pulled the trigger.
In honor of the victim and his family, the dealership cancelled the competition—indefinitely.
That’s this week’s WORLD History Book. I’m Paul Butler.
MARY REICHARD: Today is Monday, September 21st. Good morning! This is The World and Everything in It from listener-supported WORLD Radio. I’m Mary Reichard.
NICK EICHER: And I’m Nick Eicher. Commentator Andrée Seu Peterson now on God’s faithful provision. This is a selection from her 2008 book Normal Kingdom Business.
ANDRÉE SEU PETERSON, COMMENTATOR: Charlotte, retired coordinator of the brain-injury program at Baylor Institute for Rehabilitation, had a desire to organize an overnight camp for former patients. Someone happened to drop in for a chat and inquired about a possible head injury camp in Red River, New Mexico. Charlotte heard herself telling him there would be one by August.
First she needed lodging on flat terrain and scrounged up 20 cabins 7 miles from town. Two days later the preacher of Faith Mountain Fellowship Church happened to pay a pastoral call. Before leaving he committed his church as camp headquarters and meal venue.
Charlotte phoned Baylor Rehab about possible co-sponsorship with the church, and her former colleagues promised six paid staff members.
No national rental companies had wheelchair vans, but Charlotte talked to a lady in Boston who happened to know a lady in Albuquerque (the nearest airport to Red River) who had two.
The ex-wife of a former Baylor patient got wind of the camp and offered a nonprofit, her own residential program that was no longer operational. A simple name change was all the lawyer needed to make the transfer.
Next up, insurance. No companies had the right type. One night Charlotte was substituting as ski hostess for a friend. While waiting for the 2 a.m. bus she idly perused a file that contained a travel insurance policy from an outfit in Ft. Worth. The following day Charlotte’s group had coverage.
Charlotte had her heart set on T-shirts. Companies wanted $1,500—too much. The day she gave up on that quest the phone rang with a donation of $1,500. Charlie D. from Amarillo volunteered to cook. Pede S. from Baylor apologized for not being able to come to camp, and sent four huge boxes of craft projects. Red River townsfolk rallied round the camp vision when one of their own, 10-year-old Nathan L., suffered brain injury in a skiing accident.
Campers need scholarships. Charlotte and Mike inserted donation requests in the Christmas cards. A steady stream of small checks came in, simultaneous with the stream of seekers. Neither was totaled for months.
In May they did the math: “$1,275 in needs, $1,275 in scholarships. The mayor and his wife, asked to present the souvenirs, decided to fund them: staurolite rocks, shaped like a cross and found in the Sangre de Christo mountains.
Margo S., owner of a local bar, happened to read about the camp in the church newsletter. She rang and asked whether Charlotte could use refreshments.
Charlotte mentioned to God that she needed two more people to lead fishing expeditions. Just then two people walked by her cabin, an unusual sight where most folks ride horseback. Charlotte invited them inside. Neighbors in the cabin down the road, turns out they love to fish.
Two days before camp they were two cars short. The Mahurins from Oklahoma dropped in to see how they could help. They had two cars.
“Seek first the kingdom of God and his righteousness, and all these things will be added to you” (Matthew 6:33).
I’m Andrée Seu Peterson.
NICK EICHER: Tomorrow: Most of the country’s performing arts groups still can’t put on live productions. We’ll talk to groups across the country to find out how they’re faring.
And, we’ll visit coastal Louisiana, where fewer volunteers than normal are available to help the people who live there clean up and repair hurricane damage.
That and more tomorrow.
I’m Nick Eicher.
MARY REICHARD: And I’m Mary Reichard.
The World and Everything in It comes to you from WORLD Radio.
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