At least there was a less of a charade in the process of hearings on whether Judge Ketanji Brown Jackson should serve on our Supreme Court. She will, in all likelihood, receive final approval to move forward. Senator Joe Manchin – a growing thorn in the side of his fellow Democrats – has indicated he will vote to support her nomination. No doubt a couple of Republicans will also.
Three things stood out to me. First, Ms. Jackson’s questionable treatment of several men with criminal records whose sentences were reduced. She defended her decisions, but the severity of the offense—particularly in child pornography cases—raised many eyebrows.
Second, her unwavering support of abortion. Of course, she would not even be a nominee for this court position were she not loyal to that cause. Her claim is that Roe v Wade (and a subsequent case or two) is “settled law.” The trouble with this argument is that previous court cases HAVE been overturned. New evidence may surface. New technologies may give added insight. And if the case for legalized abortion is so clearly established, why are MANY states regulating the issue with tighter restrictions? Ms. Brown cannot offend the pro-aborts. Period.
Third, her unwillingness to speak clearly on the definition of “a woman.” Anyone with insight clearly recognizes that this is the hottest button on the agenda today. Gender “identity."
In the discourse of the confirmation hearings, U.S. Senator Marsha Blackburn (Tennessee) was the one pressing the issue. In light of modernist discussions on men-who-claim-to-be-women competing in female sports, Senator Blackburn asked the nominee if she could "provide a definition for the word woman." (This issue may well come before the Supreme Court.)
The exchange went like this: "Can I provide a definition? No," Jackson responded. "I can't."
"You can't?" Blackburn replied.
"Not in this context. I'm not a biologist," Jackson told Senator Blackburn. (I’m not a biologist either but even I can give you a right answer on this.)
These are the kinds of issues that divide Americans. Even in the church. We Christians get “stuck” on biblical ideas like Genesis 2:18-25. Prior to those verses, we read in Genesis 1:27, “So God created man in his own image, in the image of God he created him; male and female he created them.” (ESV)
Judge Ketanji Brown Jackson frequently said she would make her legal decision based on “the law.” Black's Law Dictionary defines judicial activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions.” This muddies up “the law.”
It's hard to believe that all judges and justices are not “activists” to some degree. Their moral beliefs (or lack of same) will shape their decisions…IF they have convictions! You may think you’re only making a decision on “the law,” but…WHOSE law?
As the British statesman and philosopher Edmund Burke wisely said, “There is but one law for all, namely, that law which governs all law, the law of our Creator, the law of humanity, justice, equity — the law of nature, and of nations.“
The very liberal-leaning American Bar Association said this nominee would bring “impeccable” credentials to the job. They awarded her an “A+” rating. No surprise.
One more thing. Previous minority nominees for judicial appointments, including Janice Rogers Brown and Miguel Estrada, were blocked from court appointments because of their conservative views. Two current justices with conservative views (Kavanaugh and Barrett) would not have made it to the bench without sufficient support of Republican senators.
Get it? The game has changed. Politics now determines our “justice.”
The wakeup call is this: God is the ultimate, impartial, supreme judge. He plays politics with no one.
That’s Forward Thinking. Click on the link to the right to connect via Facebook.
You can find a number of YouTube episodes and podcasts of Mark’s program, Moving People Forward at https://www.youtube.com/channel/UCosyuBzdSh1mXIas_kGY2Aw?
For more information on the Elfstrand Group, please visit www.elfstrandgroup.com