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The Real Results of the Kavanaugh Hearing

Some of you remember Robert Bork. I was a sophomore in college when President Ronald Reagan nominated Judge Bork to fill the vacated US Supreme Court seat of retiring justice Lewis Powell. I remember reading about Judge Bork and observing the process of his nomination and subsequent denial by the Senate as part of a US Government class I was taking that semester. I was intrigued that this man was being opposed in such a strong way by the senators of the opposition party to the President. It was a clear that a political wrestling match was occurring before the American people. Ultimately, Judge Bork was rejected and his name became a verb. From that moment, regardless which US President was serving, when a Supreme Court nominee faced challenging questions and opposition from those on the judiciary committee, the threat of being "Borked" has come up.

Now, another name may become a verb. Judge Brett Kavanaugh has gone from being well known in a small area of the legal and political world to being the lead story on all American news networks in addition to many international ones. His name has been trending on social media for over a week. 

Kavanaugh's Nomination

When US Supreme Court justice Anthony Kennedy announced his retirement earlier this summer, speculation began regarding whom President Trump would nominate. This is the second court seat to be filled in the Trump presidency and while there was clearly opposition to Justice Neal Gorsuch when nominated, he was approved and began serving on the court in April 2017.

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Justice Anthony Kennedy has long been considered the swing vote on the Supreme Court. President Ronald Reagan nominated Justice Kennedy after Robert Bork was "Borked" and when Reagan's second choice, Douglas Ginsburg withdrew his name when it was discovered he has smoked marijuana (boy - how times have changed.)

Kavanaugh's Accusers

For the first few weeks after Trump nominated Brett Kavanaugh the nation was presented with images of the judge and his family with stories of their meeting, public service, and family stories centered around their daughters and sports.

Then an accusation of sexual misconduct and attempted rape appeared. At first, it seemed like an old-fashioned "whisper campaign." The accuser, Dr. Christine Blasey Ford, a professor of psychology at Palo Alto University and research psychologist at the Stanford School of Medicine, claimed that while in high school she attended a party with other students from the area. At that party, one of the students, Brett Kavanaugh, attempted to sexually violate her. 

Once her story was made public, it spread like wildfire. It became the political weapon for the opposition to Brett Kavanaugh's nomination. 

If We Could Get Beyond the Politics

I won't go through all the machinations that have taken place over the past week regarding Dr. Ford's accusations and Judge Kavanaugh's denials. Those stories are provided in depth in various places.

Yet, on Thursday of last week both Dr. Ford and Judge Kavanaugh were given time to present their respective cases and answer questions from the Senate Judiciary Committee. Since this is 2018, the events were televised and livestreamed so that all who wished to be in the room, could be. 

I watched the spectacle on Thursday as did many Americans. I read the trending tweets and updates throughout the day and it became clear that many were not to be swayed in their opinions of either Dr. Ford or Judge Kavanaugh. In fact, some were clearly stating that regardless what may or may not have come from the questioning, their minds were made up.

Interesting. But, that's politics in a divided nation.

These two professionals were placed before the nation to discuss incidents that allegedly had occurred over 35 years ago. The events in question are terrible, traumatic, and not to be ignored nor taken lightly. Suddenly the mystery accuser was more than a blurry two-dimensional image copied from a social media page. At the same time, the smiling father and husband was presented as an accused man trying to clear his name. 

While these two individuals and their families were basically on trial for the nation, political posturing, preparation for future elections, and attempts to win in the "sound-bite" wars by the Senators at the dais. It was nasty. It was disturbing. It was embarrassing.

Who was credible?

Regarding Dr. Ford and Judge Kavanaugh, I agree with Dr. Albert Mohler's take on this from Friday's "The Briefing" podcast:

There are objective criteria, but the judgments that we make about whom we consider to be credible, that turns out to be very subjective. It's subjective when we think about buying a car from an individual. it's subjective when we think about calling someone as pastor of a church. It's subjective when we think about the entire process of courtship and marriage. There are objective realities, but sometimes the most fundamental disposition of the heart is nothing that can be stipulated or measured in objective terms.

That doesn't mean, however, that it is not important that we face these kinds of questions, even running the risk of that kind of subjective interpretation.

Now, what was the interpretation made by the American people? It's going to be virtually impossible to come to know that except in general terms. But even in the immediate aftermath of the hearings, it became very clear that to most keen observers looking fairly at the process, both of these individuals came across as credible.

As I have talked with others, and from the mouths of Dr. Ford and Judge Kavanaugh themselves, I believe that Dr. Ford did face a sexual attack that has scarred her since age 15. I have no idea if it was Brett Kavanaugh. He denies that vehemently. I believe that, under oath, each of these individuals have sought to tell the truth. I only believe that because they do come across as credible and because of the severity of punishment if found to be lying under oath. 

Can There Be Two Truths?

In the postmodern era of truthiness, we often hear of "your truth" and "my truth" and there is an acceptance of this. Yet, there is no such thing as individual truths that contradict. You cannot have your truth where 2+2=4 and then I have my truth where 2+2=8 and both be true. One will be true. The other will not. Or, in many cases, both will be untrue.

So, in the case of the high school party in question, there are two accounts where each individual affirms with 100% accuracy that their version is true. It cannot be. 

Does that mean someone is lying? Well, that's always a possibility. People lie all the time. It's part of the sin nature of humanity and has been documented since the days of Adam (Genesis 3). It could mean that someone is mistaken, unintentionally. Maybe that's my offering of the "benefit of the doubt?"

The Real Results of This Hearing

Regardless how this Supreme Court appointment plays out, I could not help but think of how this spectacle has played out and what this means for people in our communities, our families, and our churches. 

  • The #MeToo movement is real. We've seen the takedown of such notables in society as movie producers, actors, religious leaders, and politicians. This is actually good and has needed to occur. Based on how Dr. Ford has been utilized in this story by political power players, my concern is that women who have been attacked, molested, and traumatized will hear a message that unintentionally come across. That message is that their accounts are not valid and are best kept quiet. Sure, there are cases where women (and men) make up stories to draw attention to themselves. I'm not saying Dr. Ford has done so. Her testimony was credible. There's no reason to think that she had not experienced such an attack. 
  • An accusation is all it takes to take out someone. This is an unfortunate result of the fast-growing #MeToo movement. In this moment, an accusation of misconduct can and has resulted in men (mostly, but women as well) being judged in the court of public opinion, regardless of verifiable proof of wrong actions. In some cases, jobs have been lost, positions of influence abandoned, and a public trust forsaken.
  • Politics is dirty. It always has been, but these hearings have presented a posturing for future power along with a "civil" debate from false friends who are at times more concerned with holding onto their positions of influence rather than seeking what is best for the nation (regardless how many times they state that they are doing what they're doing for the good of the nation.) Though this is a generalized statement and it is easy to pick on politicians at times, there were and are some on the dais and serving in our state and nation who rise above the rest. The discerning eye and ear can find the outliers.
  • There is no condemnation for those in Christ (Romans 8:1) but there are consequences. If you were to have watched the hearings and could possibly set aside the sexual misconduct accusations (you cannot, but for the sake of this point, work with me here) you see a man who has had a thriving and successful career. For over 30 years in public life, he has been lauded and affirmed. He has received many accolades and awards. By all accounts, he has been a model husband, father, and citizen. But, then his teenage self is presented. His yearbook photo is presented for all to see with a paragraph of personal account next to it. This is in his own words, printed in his high school yearbook. There are inside jokes, likely innuendo, and references to what many would say are "typical American high school antics" from the 1980s. He testified that he drank beer as a teenager and that he and his friends would attend parties. He used language back in high school that would be inappropriate to put on this blog post (by his own admission) and was defending his honor while his 18-year-old self stared back at him in a blown up photo from his yearbook. I could not help but think how each of the Senators questioning him were praying that no one dug up their old yearbooks or brought stories to the forefront of things they had done decades prior. Yet, that's not the point. The point is that the sins of the past remain sins of the past. While forgiveness is complete in Christ and there is no condemnation for us in Christ Jesus, there is still this reality that consequences this side of heaven remain. As an 18-year-old I didn't get that. In fact, I likely didn't care. As a 50-year-old, now sounding like the old guy imparting words of wisdom to the younger generation, now more than ever the message is to live holy. The culture celebrates youth and hands out permission to misbehave and "sow one's wild oats" or whatever the modern term may be, but sin remains sin and there are always consequences. So, whether or not Kavanaugh did what Dr. Ford has accused him of in this case does not eliminate the reality that he is now defending the acts of his 18-year-old self in areas that likely are indefensible (maybe personally excusable or justifiable, but that's different.)
  • The collateral damage is severe. In each individual's case (Dr. Ford and Judge Kavanaugh) there are others who are hurt due to the alleged actions and the subsequent televised accounts. I'm not speaking of the public in general, but of family members, dear friends, and even children. 
  • Half the nation will be happy. The other half will be angry. Whether Judge Kavanaugh becomes Justice Kavanaugh or not, there will be no unity in our nation. We really didn't expect there to be anyway, but this story will remain in the annals of our nation for decades to come. If we're still talking about Robert Bork and Justice Clarence Thomas based on their appointment hearings, rest assured that people will be talking about Kavanaugh for years to come.

The Church in the #MeToo Era

The church cannot remain silent on issues of sexual misconduct and morality. In an age where Catholic bishops have become the sick punchlines for inappropriate jokes regarding sexual abuse of children, the world sees all churches and Christians in the same vein. This is not unlike in the past, but regarding sexual misconduct (i.e. rape, sexual abuse, ignoring "no", adultery, etc.) the church often remains on the sideline refusing to enter the fray. Perhaps this is due to the inability to talk biblically on subjects without devolving into political banter? Maybe it is fear-based, knowing that stories within the local church that have been ignored will come to light? Regardless, to ignore this darkness in our world is to essentially refuse to shine light where it's needed. <TWEET THIS>

Regarding Dr. Ford and Judge Kavanaugh - these people need God's people praying for them. The church must remove the robe of political partisanship and pray for these two image-bearers of Christ. Pray for them individually and for their families. In the meantime, trust God that ultimately, truth will set us all free.

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