SUPREME COURT JUSTICE BRETT KAVANAUGH: Why the Fuss?

It was the most heated and difficult confirmation of a US Supreme Court justice in modern history. Despite every attempt to derail his nomination, Brett Kavanaugh was sworn in as the 114th justice of America’s highest court. It was an especially significant victory for US President Donald Trump.

Kavanaugh is a highly qualified and respected jurist. He had received seven thorough background checks and in all areas he came out squeaky clean. So then, why did accusations of sexual assault against Judge Kavanaugh cause such a firestorm? Why the fuss?

What were the reasons for this conflict, which grabbed global headlines? The story of Justice Kavanaugh is a parable of our times. When we know the what and why, then we ‘understand the times’ and as a result we will know what we need to do (I Chronicles 12:32).

Reason 01: The Culture War

The firestorm over Kavanaugh is a classic textbook case of the on-going ‘culture war,’ including a strong dose of ‘identity politics.’ This conflict, which started in the 1960s, is waged for the heart and soul of western civilisation.

On the left side are the ‘progressives’ (often, yet erroneously, called ‘liberals’), who want a utopian world of ‘equality,’ ‘tolerance,’ and ‘social justice,’ which is enforced, top down, by an ever-growing intrusive government. Progressives tend to be anti-capitalist, anti-Western Civilisation, anti-US, anti-Israel, and anti-Judaeo-Christian.

The other side are the ‘traditional values conservatives,’ (a new phrase: cultural conservationists) who cherished the freedoms and legacy of the West: liberal democracy, human rights, free market, free press, independent judiciary and due process in law. Often, though not always, people who hold Biblical Christian values tend to gravitate towards this position.

Progressivism has long dominated major organs of government and culture: left-wing parties, some members of erstwhile ‘conservative parties,’ the mainstream media, the education system starting in primary school, big business, the entertainment and sporting industries.

Perhaps no organ of government has been more instrumental in changing our once Judaeo-Christian culture than the American Supreme Court. Ever-since US President Dwight D. Eisenhower appointed leftist justice Earl Warren to the Supreme Court in the 1950s, the court has gone from being a passive enforcer of the constitution to an activist, de facto law making institution. Some of their more prominent, indeed radical activities included: Removal of prayer from state schools, the legalisation of abortion and same-sex marriage nation-wide. These actions, and more, were made possible by the progressivist Supreme Court creating ‘constitutional rights’ out of thin air. It is highly unlikely that the original framers of the US constitution in 1787 had such earth-shaking changes in mind.

Donald Trump promised in his campaign to appoint conservative justices to the Supreme Court. Such a court could undo the above land-mark decisions. The confirmation of Brett Kavanaugh to the Supreme Court tips the balances of the nine-member court towards the conservatives. This means that instead of elastic and ‘innovative’ interpretations of the constitution (substantive due process is one of them), the conservatives will enforce literal meaning and original intent, thus fostering much needed judicial restraint.

For years activist progressives have tried to circumvent the democratic process in order to implement their agenda. Their weapon has been the courts, at all levels, filled with leftist judges sympathetic to their causes. The advent of Justice Kavanaugh to the highest court of the land could very well mean ‘the progressive party is over.’

Reason 02: Abortion

What caused progressives, particularly (radical) feminists, to be alarmed is that having a new conservative justice could very well tip the balance against Roe vs. Wade ruling. This landmark decision of 22 January 1973 legalised and mandated abortion in all 50 states. The immediate result of Roe vs. Wade was the nullification of abortion laws of 31 states. The long term legacy has been nearly 60 million abortions in the US since 1973.

The Roe vs. Wade decision came about by reasoning that the 14th Amendment to the US Constitution, which promises protection of life, liberty, and property, somehow promises a woman a ‘right to privacy,’ thus meaning she can have abortion. Any conservative literalist judge can easily see that the 14th Amendment says nothing of the kind. Thus Roe vs. Wade has been built on dubious legal grounds from Day One.

The fact that Justice Kavanaugh is a white, Catholic, pro-life male causes the extreme feminists and other progressives fear the loss of their cherished ‘right to choose.’ In theory, it is possible that he, along with other conservative justices, could overturn Roe. No wonder they worked hard to delay, if not derail, his confirmation by any means possible.

Bear in mind that even if Roe v. Wade is overturned, it does not mean the end of abortion in the United States. What will happen is that each individual American state can decide for itself its own abortion laws. Progressivists states like New York and California will have ‘business as usual’ regarding abortion, but many others will enact restrictions, if not prohibitions, on the practice.

Reason 03: Spiritual Dimension

When it looked certain that Brett Kavanaugh would be approved by the Senate Judiciary Committee to have his nomination voted on by the full floor of the Senate, 85 year old Senator Diane Feinstein, a Democrat from California, produced a letter from Christine Blassey Ford. She claimed to be a victim of sexual assault by Kavanaugh 36 years ago when she was 15 and he 17. To show that Republicans take seriously accusations of sexual assault, she was given a chance to tell her story to the world. Despite the fact that she could not remember key details of the event, no reliable evidence or corroborating witnesses could be produced, the Democrats, backed by the #metoo and #believewomen movements, went on a campaign to destroy Judge Kavanaugh. They completely ignored key tenants of western jurisprudence: due process, presumption of innocence unless proven guilty, a right to counsel, beyond reasonable doubt, burden of proof, and even ‘statute of limitations.’

Since the far left hates western civilisation and what it stands for, its disregard for democratic, legal, and civil norms is not surprising. In addition, 65 women who have known Kavanaugh since high school signed a letter stating he was honourable and respectful to women. And let’s not forget the 7 thorough background checks. Far from being a sincere attempt at obtaining justice, the attack on the judge had all the hallmarks of a politically motivated smear campaign, using ‘identity politics’ as a bludgeon.

Recently, a respected US pastor warned that since ‘Ahab’ had failed in his mission to prevent America’s return to righteousness, then ‘Jezebel’ would be unleashed. The attack on Judge Kavanaugh was precisely that. Jezebel seeks to control, deceive, depress, and destroy.

Ultimately, the intense, ugly, hysterical response from the Left to Kavanaugh’s had a spiritual root. Dutch Sheets, author of the best-selling book Intercessory Prayer, was present at the Senate hearings. ‘Never have I been more convinced that a war of historical proportions is underway for the soul of our nation …  The level of deceit, lies, slander and arrogant pride was shocking.’ Much intercession was made on the judge’s behalf.

How can we respond to this culture war and spiritual conflict? With so much at stake, inactivity and neutrality are not options. Be informed about the issues, be involved politically, and most importantly, offer fervent prayer at the throne of grace (James 5:16ff; Hebrews 4:16). There is much intercession on behalf of the Trump administration and Judge Kavanaugh. This, above all else, is what saved the day.