July 9, 2018 - President Trump nominates Judge Brett Kavanaugh for the U.S. Supreme Court.

The Weighty Issues Associated With Judging Kavanaugh

Being a “public figure” who has had to leave my home with my family because of escalating threats that ended with a death, emails using every profanity and expression of ill will I could conceive, and lampooning by cartoon editorialists who think they know me but don’t, my heart broke as I observed yesterday’s Senate Judiciary Committee “hearing.”

I know my experiences pale in comparison to what Dr. Christine Blasey Ford and Judge Brett Kavanaugh have experienced over the last ten days and in having aspects of their personal lives played out before a nation. It is easy for those who have never experienced any open and public vitriol not to appreciate the effect of such things on people in their zeal to achieve a certain desired political end.

I know there are those who would say I don’t care about people or certain communities of people because they are offended by the public policies for which I advocate and, because those policies run counter to their beliefs and practices, they take them as a personal attack. I understand that, and such comes with the territory.

Getting to the Truth

But we must remember that we will always have public policies touching on matters of human sexuality and thus, in principle, it’s as right for one side of a policy position to be offended and feel attacked as it would be for the other side. So, it is not personal in the same way as one person accusing another person of a particular sexual assault.

Dr. Ford’s accusation was a direct, personal charge of wrongdoing against one particular person, Judge Kavanaugh. If her recollection is accurate, she alone was the victim of sexual assault, and he alone was the perpetrator. If she is lying, then Kavanaugh is the victim of character assassination, and she is the perpetrator. And if her recollection as to the identity of the perpetrator is just an honest mistake, then there are only losers, Kavanaugh having the most to lose because he is now unemployable among a large percentage of those who would otherwise employ him.

I don’t think we’ll ever know which of the three scenarios is the truth. It would be easy for some to assume Dr. Ford has misidentified her perpetrator because none of those who she says were there recall the party, let alone the act, including her female friend. And those on the other side will have their reasons for explaining why none of those identified as being present or involved remember the event.

Furthermore, if the goal of further investigation by the FBI is to conclusively vindicate either Dr. Ford’s memory or Judge Kavanaugh’s character, then that is not going to happen. Justice Clarence Thomas has not had any allegations of sexual impropriety brought against him over the 26 years since he was confirmed, yet, as we’re now seeing, Anita Hill’s charges against him will always be associated with his name.

The Weightier Issues of Biblical Justice and Mercy

As I thought about how these matters could have been investigated in a more confidential manner to protect the innocent, whoever it is, and listened to the Senate wrangling over notations in a high school notebook over flatulence and vomiting in a high school yearbook, I couldn’t help but be reminded of the story in Matthew 23 in which Jesus condemned the Pharisees. Jesus noted that the scribes and Pharisees tithed beyond what the law required, tithing even the contents of their spice rack—mint, dill, and cumin. However, it wasn’t going beyond what the law required that Jesus condemned, but rather the fact that they “neglected the weightier provisions of the law: justice and mercy and faithfulness” (v. 23 NASB).

I believe Dr. Ford and Judge Kavanaugh really have been made pawns for the sake of a political matter in which at least some senators have made true justice and real mercy the victim. People who believe a wrong cannot ever be “lived down” and that “repentance” cannot be demonstrated by exemplary character for more than three decades have no concept of mercy. What they really want, assuming they really deep down believe a wrong was done 36 years ago and they are not just politically motivated, amounts to vengeance, paying someone back, and in that way, justice also suffers.

In the end, I couldn’t help but think of what the Psalmist said in Psalm 130:3, “If You, LORD, should mark iniquities, O Lord, who could stand” (NASB)?

May God save us from ourselves.


David Fowler served in the Tennessee state Senate for 12 years before joining FACT as President in 2006. Read David’s complete bio.

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2 replies
  1. Barry Gregory
    Barry Gregory says:

    WHAT IS
    Truth?

    Pilate asked it of himself in a moment of terrible clarity. Dare we ask ourselves this question today?

    Not, “What is THE truth about some specific thing?” But rather; “What is TRUTH itself?”

    The brevity reflects the profoundly fundamental nature of the question. It was a moment of incredible clarity. It is the bottom line.

    What happens when we see a corrupt, sold out, power-driven interest group seek to gain or retain power? ANY expense including TRUTH ITSELF is on the table. In its rightful place, this singularly powerful tool in the hands of honest men is also a tool the dishonest must somehow-someway take from them. It simply must be manipulated and construed for their own purpose in order for them to win. Both sides can do it.

    The POLITICAL leaders of the Jewish Nation were just such a group. Truth itself was robbing them of their long held and highly cherished power. They could not out reason or “OUT-TRUTH” their foe. They decided the only way to stop it was to kill it. So they plotted together and they made a big show of public piety. They were overcome with “concern.” They MUST ACT in order to “protect” the poor and helpless people from being railroaded by evil liars like Jesus and “folks who cling to their bibles.” THEY, and not their Jesus following foes, were there for the “TRUTH.”

    So what did they do?

    THEY FILED
    for a hearing and manipulated the legal system with accusations.

    THEY RECRUITED
    help from the other side. They found those who were willing to sell out for their own shot at POWER.

    THEY COLLUDED
    And in their collusion, they wove together a litany of long held bias, half true statements, and untrue unsubstantiated charges. Then

    THEY HELD BIG HEARINGS
    specifically targeted at —-A SHOW OF FALSE CONCERN and OUTRAGE.—– They brazenly and unashamedly sought to use emotion to embellish their claims and whip the mob into a forceful tool against the REAL TRUTH that threatened their power. THEN

    THEY TOOK OVER THE SECULAR JUDICIAL SYSTEM
    in order to find a way to execute their victim.

    HOW DID JESUS CONFRONT THIS
    With these words in John “I was born and for this purpose I have come into the world—to bear witness to the truth. Everyone who is of the truth listens to my voice.”

    What Jesus said left the Judge in a terrible bind. He knew a rat when he smelled one. He knew that you cannot arrive at REAL TRUTH through the means being employed by these falsely pious, power-hungry officials running their own so-called truth show. Somehow… HE KNEW IT. What they were seeking wasn’t formed of the same character and integrity as REAL truth. IT WAS BOGUS. IT WAS DISTORTED. IT WAS WICKED. IT WAS WRONG.

    WE KNOW IT TOO

    Unfortunately, he didn’t have the courage to act on what he knew deep down in his heart of hearts. No doubt he knew. But, he along with most of Jesus followers, feared the power hungry politicians and their mob. He misjudged their ANGRY MOB. So, rather than trust God and OPENLY SUPPORT THE TRUTH

    HE PUNTED.
    He washed his hands. What about ole Barabbas. There is an out here. Let’s find a way without really addressing TRUTH. HE LET THE CROWD DECIDE and pretended it was ok. He will forever live in infamy because of his lack of courage and resolve.

    THAT is what we face today.

    Somehow we all know, this isn’t just about the singular truth of this situation with Judge Kavanaugh. This is not about choosing sides.

    IT IS ABOUT TRUTH ITSELF.
    It is about our willingness to tell truth about EVERYTHING as God reveals it to us in the Bible. Like PETER we’ve been content to warm ourselves by the fires of our fathers while truth has been battered by it’s foes.. Will we embrace it despite the hardship and blowback it will bring. Or, will we wash our hands, PUNT and turn it over to the power-driven politicians and their mob.

    What is TRUTH? It is the thing that will set us free if we embrace it. If we reject it, it will be just what it was to the Jewish Nation in that day…the beginning of the end.

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