We expect President Obama to announce at any moment who will be his nominee to fill the impending vacancy on the US Supreme Court. All eyes are on Elena Kagan, current solicitor general, or top civil attorney for the United States. The “S.G.”, as solicitors are know, represents the president and administration before the Supreme Court, among other duties.

Please pray–watch my video at our Faith & Action facebook page and our website for more as it unfolds. For our part, we will plan a prayer and anointing service for the US Senate hearing room where confirmation hearings will take place, likely in early summer.

Stand by–and pray!

Rob +

About the recent federal court order declaring the National Day of Prayer supremely illegal (well, that’s what “unconstitutional” really means): The President has filed a formal “intent to appeal.” This means he has notified Federal District Judge Barbara Crabb that her decision striking down the National Day of Prayer will be challenged. At the same time, the President’s lawyers at the Department of Justice have not indicated what they will say in their defense.

Now, here’s how these things work: When the President or his actions are “enjoined” (or prohibited) by a court, as in this case, he orders the Department of Justice to assign one or more of its many lawyers to legally defend his position. Inside the Department of Justice a decision is then made whether this matter is important, or really important. Really important means the best and most experienced lawyers are tapped and the most prominent personalities–like the Solicitor General (the nation’s top civil attorney) herself–or at least her deputies–are visible and vocal on the matter.

So far, I haven’t seen or heard from the Solicitor General or one of her deputies. (I may have missed it. If so, please bring my attention to it.) This could mean the matter is only in its preliminary stages, or . . . it’s just important, but not really important. Please pardon my cynicism, but after 16 years in Washington, I always give the benefit of the doubt–both ways. During the three presidential administrations I’ve observed up close (two Democrat and one Republican), I’ve seen an awful lot of horse and pony shows. In other words, legal window dressing. I’ve also seen presidents “throw the fight,” so-to-speak. It can be very convenient for an administration to blame-shift to the courts. On the campaign trail it sounds something like this, “Well, we tried to do the right thing, but the courts wouldn’t let us.”

Time will tell what President Obama plans to do with this legal contest. I hope and pray he’ll mount a vigorous defense of the constitutionality of the National Day of Prayer. Even more so, I hope and pray he’ll remind the court why prayer is so important to our nation and its well-being.

Regardless of how the President and his lawyers approach this, Faith and Action will mount its own vigorous effort. It’s why we’ve launched a new facebook page, “Defend the National Day of Prayer.” I hope you’ll sign on to it to show your support. By doing so, you’ll also be included in our own Faith and Action legal brief to be filed with the Seventh Circuit Court of Appeals–and maybe even with the United States Supreme Court, should it get that far. You can also sign up to be listed on the legal defense at our website: www.faithandaction.org. (Use the National Day of Prayer Amicus Brief tab at upper left.)

It’s important for the courts to know what American citizens think about the National Day of Prayer. While it’s true the federal courts are to be free and independent of political pressure, they also want to contemplate the sentiments of the American people when deliberating their decisions. Let’s show them strong sentiments for the National Day of Prayer!

If you haven’t done it already, please go to our new facebook page now: http://www.facebook.com/pages/Defend-the-National-Day-of-Prayer/113264075374172?ref=ts and press the “Like” button at the top right-hand side of the page. Then, pass along the link and information to all your facebook friends. Thanks for helping us send a strong message to the courts: Americans want and need the National Day of Prayer!

Rob +

Below is an article that will post later this morning at www.faithandaction.org on last night’s declaration by a federal judge prohibiting President Obama from recognizing the National Day of Prayer on May 6. In her order, Judge Barbara Crabb compared recognition of the National Day of Prayer to the practice of “rune magic.”

National prayer observances date back to George Washington, Abraham Lincoln and Franklin Roosevelt. All recent presidents, including President Obama, have issued National Day of Prayer proclamations. It’s uncertain how the ruling will affect the 1952 law passed by Congress creating the National Day of Prayer, and its modification in 1988, signed by Ronald Reagan, that set the first Thursday in each May for its observance.

This ruling shouldn’t shock anyone. Atheist activist and lawyer Michael Newdow, with whom I’ve had a couple of face-to-face ministry moments, has for years been relentlessly filing lawsuits against every public acknowledgement of God. It was inevitable he would find a federal judge somewhere to agree with him. He did in the Madison, Wisconsin based Judge Barbara Crabb. What really matters are two things: Whether President Obama will order his Justice Department to appeal the ruling and ardently defend the National Day of Prayer, or, whether he will simply let it stand. Another option he has is to “throw the fight,” by offering only a tepid, half-hearted defense.

Lamentably, President Obama cancelled last year’s White House observance of National Day of Prayer, saying it’s better for citizens to stay home and privately observe it. That doesn’t suggest he’s up for a vigorous fight to preserve this long and enormously meaningful American tradition.

Much more importantly, it focuses attention on the President’s nominee for the Supreme Court to fill the vacancy created by Justice John Paul Stevens when he retires this June. I will urge my friends and allies in the US Senate to be sure to ask any candidate for the post where he or she stands on the constitutionality of calling out to God for blessing on our land.

Here’s our news item on it . . .

FEDERAL JUDGE ORDERS OBAMA NOT TO RECOGNIZE NATIONAL DAY OF PRAYER

A federal judge in Wisconsin has ordered President Obama not to issue a Presidential Proclamation recognizing the National Day of Prayer which Congress has set as the first Thursday of each May. In the same opinion, Judge Barbara Crabb declared the annual observance in America to be unconstitutional, writing that the government’s acknowledgement of the importance of prayer is no different than if it were to recognize “rune magic.”

Judge Crabb issued her injunction against the National Day of Prayer in response to a lawsuit filed by the Freedom from Religion Foundation, an atheist organization co-founded by a former Pentecostal minister. One of the group’s champions is infamous atheist activist and “mail order minister” turned-lawyer Michael Newdow, who unsuccessfully argued before the Supreme Court against the Pledge of Allegiance (because of its clause, “one nation, under God”). Newdow has also filed lawsuits against the National Motto, “In God We Trust,” and against displays of the Ten Commandments.

The Freedom from Religion Foundation has amassed more than $5 million in cash to continue it’s campaign against the National Day of Prayer.

“Faith and Action and its allied partners, including the National Clergy Council and the Christian Defense Coalition, will urge President Obama to order the Justice Department to immediately appeal this outrageous order and to defend the long history of America’s calls to prayer that date back to Presidents Washington, Lincoln, Franklin Roosevelt, Ronald Reagan and even President Obama himself,” said Rev. Rob Schenck, president of Faith and Action and its lead missionary.

Rev. Schenck and Rev. Pat Mahoney plan a national news conference at the White House early next week to appeal to the President to take urgent action, as the National Day of Prayer events are only 3 weeks away.

President Obama with Justice John Paul Stevens

A few weeks ago, I hosted a group of pastors at our ministry center on Capitol Hill. As part of their all-day experience with us, I took them over to the US Senate to meet a long-time friend, Tom Jipping, who works for another friend, Senator Orrin Hatch of Utah. Tom is an attorney and advises Senator Hatch on, among other things, nominees for appointment to the federal courts, including to the US Supreme Court.

For those not familiar with the process, let me explain it in brief: All federal judges are, at least in theory, appointed to their seats on the bench by the President of the United States. Now, with judges in the lower courts (like district courts, where trials take place), presidents often defer to others, like senators, to recommend someone for appointment. On the higher levels, though, including, of course, the highest, that is the US Supreme Court, the president tasks a search committee inside the White House to propose candidates. He then picks the one he thinks is best and presents that nominee to the US Senate for confirmation. This is based on Article II, Section II, Paragraph II of the US Constitution,

“[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

This means the President must gain the “stamp of approval” for his court appointments from the US Senate. The process begins with the US Senate Judiciary Committee. They will do research on the president’s nominee, circulate dossiers on that person, then schedule a hearing at which the nominee and others who know that person are asked questions about their knowledge and approach to the law, the Constitution, certain cases and situations. The committee then votes whether to refer the nomination to the entire senate for a vote of Yea or Nay. Sometimes the nominee will be approved in the committee, sometimes not. In some instances, the pressure on the nominee is so great, or the information on them so embarrassing or damaging to the nominee or the president, that the nominee is either pressured to withdraw or withdraws voluntarily.

If the nomination proceeds out of the committee to the entire US Senate, a vote is scheduled. Leading up to the actual vote, senators will debate the merits of the nominee and recommend their colleagues vote yes or no. Theoretically, this debate can go on forever, but certain actions are taken to limit it. When the vote is finally taken, all it requires is a simple majority to approve a nominee, after which that person is sworn in to their judicial post either publicly or privately. The Constitution allows for federal judges to serve without interference for an indefinite period and “hold their Offices during good Behaviour.” This phrase has been widely interpreted to mean a federal judge may serve for life, provided he or she does not commit an egregious act or lose their mental capacities. Only the Congress may remove  a federal judge, based on Article I, Sections II and III of the Constitution, “all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

The terms, “high crimes and misdemeanors” are largely up to interpretation, and so, are somewhat vague and undefined. The result is that very few judges have ever been charged, (or “impeached”), and even fewer have ever been convicted and removed. Only one US Supreme Court justice in history has ever been forcibly removed from the bench.

All this to say that the process to bring about the appointment of a new Supreme Court justice to fill the seat to be vacated soon by retiring associate justice John Paul Stevens, is complex and is already well-underway. Generally Supreme Court justices will remain in place until their successor is approved by the US Senate. No one ever knows precisely when that will happen, but it could happen as soon as June or as late as this fall. Almost always it will be finalized by the start of the High Court’s next annual term, which begins on the first Monday of each October.

And this brings me back to Tom Jipping. I believe Tom is the most brilliant expert in the US Senate when it comes to judicial appointments and what makes for a good Supreme Court nominee. He told our pastors’ group when it comes to the US Supreme Court, it’s not whether the nominee is pro-life, pro-traditional marriage, or pro-anything. The sine qua non of judicial fitness for office is whether that nominee possesses a credible judicial philosophy that upholds the integrity and plain meaning of the US Constitution. I agree. The Constitution secures the God-given rights enumerated in the Declaration of Independence, among them “life, liberty and pursuit of happiness.” (How can anyone enjoy any rights if they do not enjoy the first right to life? That settles that matter right there! )

Please pray for Tim Jipping and other behind-the-scenes advisors like him that will help their US Senators to evaluate President Obama’s nominees for this crucial opening on the US Supreme Court. Pray that God will give Tom and others wisdom, knowledge, insight and understanding (Proverbs 2:6) as they investigate, then advise their bosses on the interview process, the questioning during the hearing process, the debate before the vote, and ultimately how each Senator should cast his or her vote. Pray also for the President and his advisors, the White House staff tasked with the selection process, and, of course, for the nominee(s).

As I have in the past, I will go to the hearing room itself to symbolically consecrate the process to the Lord in prayer. Let’s remember, ultimately, “The authorities that exist have been established by God.” (Romans 13: 1b, NIV) I routinely remind US Supreme Court justices, and everyone else that serves in government, that they are as ordained of God to their posts as I am to mine. That means each is held accountable to God, as much as to the Constitution, for the discharge of their offices. One of our (better) US Supreme Court justices once gave a talk to a small group of us in a private gathering on why judges and justices swear their oaths with the phrase, “So help me God.” He made it quite clear it’s because that is where their ultimate accountability lies.

More on this as the process advances . . .

Rob +

As I write this, President Obama is hosting a private Easter prayer breakfast at the White House for a select group of religious leaders from around the country. The only minister I know personally is in the room is Joel Osteen. (I’ve never commented on my relationship to the Osteens, but I preached for his father at the Lakewood Church many years ago, when Joel was just a young guy on staff!) Anyway, the other person I think is there is Washington Post reporter and fellow Christian Hamil Harris. I’ve done many interviews with him over the years. Mr. Harris and I once actually teamed up in an televised debate with Barry Lynn of Americans United for Separation of Church and State. Viewers were surprised that a Post Reporter and I were on the same side of the argument!

In any case, I was NOT on the invitation list for the breakfast. (Hmm . . I wonder why?) I’ll pass along anything I find out about what went on and what was said.

On a related matter, you may have seen that we covered the President’s Easter visit with his family to a nearby church, the Allen Chapel AME (African Methodist Episcopal) congregation in Southeast Washington. I’m familiar with the church and know one of the deacons there. I was actually criticized for the posting, as if we shouldn’t mention when the President goes to church. Frankly, I’d rather see the President attending church–no matter his motive–than not attending. A lot has been made that Mr. Obama, since being inaugurated, has spent more Sunday mornings shooting hoops than sitting in pews. This was a positive break in that pattern. Let’s pray it has a lasting effect on him.

OK, back later with more.

Rob +

President Barak Obama is the first chief executive to host a traditional Passover dinner in the White House. As he did last year, the President will tonight again preside at an intimate traditional “Seder” (pronounced Say’-der) meal with the First Lady, their daughters and a few staff members and friends. “Seder” means “order” and refers to the orderly way in which special foods are used in the telling of the story of the miraculous Hebrew Exodus from Egypt. Some consider it ironic that this president would be the trailblazer in bringing the signature Jewish observance into life in the executive mansion because he has one of the worst relationships with Israel, the Jewish state.

President Obama hosts first Passover Seder dinner in White House, 2009

President Obama isn’t the only study in presidential religious irony. George W. Bush, the “evangelical” president, was the first to host and maintain an annual White House “Iftar” (pronounced If’-tar’), the celebratory night-time feast that breaks the daily fasts held during the observance of the Islamic holy month of Ramadan.

For more on Passover, see my HEADLINE story to post at our website later today. Better yet, join me for a Passover Seder tomorrow night, Tuesday, March 30, 7:30 PM, at our ministry center across the street from the Supreme Court. (Where I don’t think they hold either a Seder or an Iftar, but the Chief Justice does hold an annual Christmas carol sing!)

Just a little aside: Many older and ancient Christian communities refer to the Easter season as “Pasqua,”  (Italian) or Paskha (Greek), both of which are translations for the Hebrew word for Passover, “Pesach.” It was, of course, the Passover meal that Jesus celebrated with his disciples in the Upper Room, which is commonly called The Last Supper. St. Paul also refers to Christ as “our Passover.” (1 Corinthians 5:7)

Have a blessed Passover!

Rob +

With Gov. Tim Pawlenty of Minnesota

Unless you live in Minnesota, you may not know the name Tim Pawlenty, but if you watch the news, you’ve probably seen his face.

Pawlenty is the governor of Minnesota and a former state legislator there. The reason you’ve likely seen him is because he’s making the rounds inside the Republican Party and on the talk shows as an “unannounced” presidential “pre-candidate.” That’s my way of saying he’s clearly testing the political waters for a potential presidential run in 2012.

I caught up with Governor Pawlenty when he came to town this week to address the Susan B. Anthony List, an organization that supports principally pro-life women candidates.  (I know what you’re thinking: So why aren’t they supporting Sarah Palin instead of Tim Pawlenty? Answer: They aren’t supporting anyone at this stage—and she’s speaking at their annual breakfast next month.)

The reason I went to the dinner was specifically to ask the Governor one question: What church does he attend? I knew everything else about him—well, everything else that can be known—but I didn’t know exactly about his church affiliation. When I huddled with him away from the crowd, he told me: Woodale Church of Eden, Minnesota. He’s attended there since the early 1980’s.

Born, baptized and raised Catholic, he moved over to the then Baptist church (it’s since become non-denominational Evangelical) after he met his wife, who had been raised in the congregation.

The Pawlentys’ pastor is the Reverend Dr. Leith Anderson, whom I’ve met several times. He’s an author, former Christian college president and now president of the National Association of Evangelicals. He’s also a fellow signer with me (and hundreds of others) of the Manhattan Declaration, a document stating that the signers pledge not to comply with rules and laws forcing us to accept abortion, same-sex marriage and other ideals that go against our religious consciences.

Keep an eye and a prayer on Tim Pawlenty. If nothing else, he’s a refreshing voice of conscience in the political arena.

Now that I have your attention, I’ll say, well, sort of . . .

Today, from the very same podium on the very same stage in the very same room where in January I called the nation to pray for an end to abortion in America, President Obama called lawmakers to pass a health care bill that will be a huge financial stimulus for the abortion industry.

The President spoke to Democrat members of Congress in the Congressional Auditorium this afternoon. It’s the same venue we used this past January 22 and last year for our annual US Capitol pro-life event. We plan to use it again next year and every year until our nation finally recognizes the value of every human life and protects them under law. It was sad to see that same podium used to advance an agenda that will place the resources of the federal government in the hands of abortion business owners. (See yesterday’s post for an explanation.)

Today wasn’t all bad news, though. While I was at the Capitol earlier today, I learned that a church service will be held inside the Capitol tomorrow morning–the first such service in more than 150 years–so members of congress can pray before casting their votes on health care. The members that organized this extraordinary prayer and worship service were concerned that because the vote is being held on Sunday, they wouldn’t be able to pray at their own churches. They’ve asked all Americans who care about this enormously consequential vote to pray with them beginning 11:00 AM EST tomorrow, Sunday, March 21, 2010.

More to follow . . .

Rob +

Yesterday, our Faith & Action chief of program, Peggy Nienaber, spent the day at a White House conference on Faith Based and Community Partnerships. She took some heat for that. Some people thought we may be compromising our core convictions by even fraternizing with this administration. Well, that’s not the case.

Our mission theory is simple: Take whatever platform is offered to us and use it for the ultimate purpose of advancing biblical truth and the Gospel of Jesus Christ. At yesterday’s conference, all voices were invited to the table. That included everybody from homosexual activists to ardent, pro-life Catholics and firm traditional marriage advocates. Peggy was there to explore what contribution we can make to the conversation. St. Paul did that among the pagan philosophers on Mars Hill. We need to do it in places like the Eisenhower Executive Office Building, as we did yesterday.

So far, we’ve found one important place where we can support Mr. Obama and the Administration: The President’s Responsible Fatherhood Initiative. Admittedly, it’s a narrow space, but it’s there and we intend to prayerfully make the most of it. Fatherhood is first a biblical concept; Second, we are commanded by God to be good fathers; Third, the President himself has given even more than fatherhood for his rationale for this worthy effort. He says one of the primary reasons he launched it is because the responsibility of fatherhood, “does not end at conception.”

We agree. Fatherhood continues throughout the life of that child–FROM THE MOMENT OF CONCEPTION. It is a father’s role to protect and provide for his child from the very moment the child makes his or her debut into existence, and throughout pregnancy, birth, and every stage of development. Even, to a certain degree, into adulthood.

Many of the President’s policies, resources and allegiances conflict with his own statement on when the responsibilities of fatherhood begin–especially when it comes to abortion. We will do everything to point this out to him and to those who work with and for him. I believe that whenever truth is spoken, it is a good thing. Unlike some, I also believe that truth is powerful wherever it is presented. If that’s the Obama White House, it makes it even more so.

Rob +

If you’re not already reading WORLD Magazine, I recommend highly that you do. I’ve known WORLD for over ten years. I’ve found it to be consistently the best, most professional source of news and commentary I get from an Evangelical Christian perspective. This week’s issue (online and in print) has a good cover story on alternatives to the health care reform proposals offered by President Obama and Democrat congressional leaders. Check it out: WORLD Magazine (www.worldmag.com)

Rob +