Liberal Supreme Court Justice Ruth Bader Ginsburg passed away yesterday evening. And my Facebook and Twitter feeds blew up.
President Trump will nominate a new justice in the coming days. Senate Majority Leader Mitch McConnell has said he will bring a vote on the President’s nomination to the Senate floor. We could have a new justice on the Supreme Court of the United States (SCOTUS) before or shortly after the November 3, 2020 elections.
According to the US Constitution, the President’s job is to nominate SCOTUS Justices and the Senate’s job is to give “advice and consent”. Legally, the process could begin immediately. But is that the right thing to do?
We are a country of Law and Order. The Constitution was written to preserve the rights of the People and restrain the US Government (in sharp contrast to the Left’s suggestions that the Constitution is to restrain the People, preserving the right of the Government).
Our nation is deeply divided among political lines. Following the death of George Floyd at the hands of a Minnesota Police Officer, we have already seen months of nightly riots (called “mostly peaceful protests” by the “mainstream” media) in the streets of Portland, Seattle, New York, among other cities. Conservative activist Candace Owens tweeted, “Ruth Badger (sic) Ginsburg has passed away. Pray for the Ginsburg family, but also pray for America. If you thought you saw the face of true evil with the Democrats’ treatment of Brett Kavanaugh— you ain’t see nothing yet.”
Last night, as Twitter lit up on news of Justice Ginsburg’s death, Reza Aslan tweeted, “If they even TRY to replace RBG we burn the entire f*cking thing down.” I don’t know what Aslan threatens to burn down, but it doesn’t sound good.
Even in the day of “tolerance”, we are at a point where bullies’ comments are taken seriously and played out. But then again, I don’t remember any of President Trump’s “bully rhetoric” played out, resulting in any lives lost. But I digress.
In 2016, SCOTUS Justice Antonin Scalia died. Then-President Obama nominated Merrick Garland to fill Scalia’s vacancy. Mitch McConnell said that he would block Garland’s nomination until after the upcoming election in order for the People to decide, which resulted in Donald Trump getting to nominate Neil Gorsuch to the SCOTUS.
Many on the Left are calling McConnell hypocritical now. But a few months ago, McConnell clarified his statement by saying that since the President (Obama) and the Senate majority were led by opposite parties, the People should decide in the election which way they want to go. And the People decided. In the interview a few months ago, McConnell said that since the President (Trump) and the Senate were led by the same party, he would have no problem presenting the President’s nominated justice. On a side note, in 2016, then-Vice President Joe Biden was in favor of Garland’s nomination and said the Senate should be allowed to consider Garland.
Senator Ted Cruz pointed out on Sean Hannity’s TV show last night — and Tweeted today — that especially in light of the Democrats’ threats to contest the election — and Hillary Clinton’s admonition that “Joe Biden should not concede under any circumstances”, having an even number of SCOTUS Justices could lead to a Constitutional Crisis if the 2020 election is challenged, as was the 2000 election. Cruz is in favor of the Senate considering a nominee. National Review wrote this article on August 7, 2020, “History Is on the Side of Republicans Filling a Supreme Court Vacancy in 2020“. It’s worth the read.
A couple of friends on Facebook stated last night that the stakes of the election had just been raised significantly. As President Obama stated several years ago, “Elections have consequences.” I agree.
In recent years, SCOTUS has made several anti-Constitutional decisions — at least as I read the Constitution. In fact, the Roe v. Wade decision in 1973 was Unconstitutional; the Constitution does not guarantee a “right to privacy” as argued, which was the main reason for approving nation-wide abortions. The SCOTUS decision in the 2015 Obergefell v. Hodges case legalizing same-sex marriage was decided on a 5-4 split decision. (Note: Ted Cruz, in his recent book One Vote Away, chronicles other narrow 5-4 SCOTUS decisions).
So where does that leave us? Clearly, we are at a crossroads. Clearly, the Rule of Law allows going forward with a Supreme Court nomination. If we — as a nation — choose to postpone the nomination, we should do so independent of threats of riots. We cannot allow bullying to deter following the Law at this crucial time. But the question is, “Is now the time to move forward with a nomination?” This is what Ginsburg said in 2016, “There’s nothing in the Constitution that says the president stops being president in his last year,”… Several months later, Ginsburg said having only eight justices on the Supreme Court is not good.
One friend suggested on Facebook that Trump should go with the “nuclear option”. The Nuclear Option would involve a “Recess Appointment” of a Justice while the Senate is not in session during three consecutive days. This would prevent a Constitutional Crisis for deciding a contested election. But the Recess Appointment would be challenged and there would be a normal confirmation process. The appointment could be short-lived.
This could be political suicide for Trump and McConnell.
Is it worth the possible political fallout ahead of the election? On the other hand, it could incentivize more citizens — on both sides of the aisle — to vote in November.
But if Trump is able to get a confirmed nomination, a Constitutional-originalist-leaning SCOTUS (not “conservative”) would have ramifications that would last for generations. If Trump wins and appoints additional Justices, in the event they die or retire, that would result in even fewer narrow decisions for SCOTUS. The only way to overcome this, should Biden/Harris win would be to pack the SCOTUS with additional liberal Justices, as FDR threatened to do and add two or four more Justices. After all, the Constitution doesn’t prescribe how many Justices will serve.
The stakes are high.
This election just became less about two candidates
and more about abortion, religious freedom, and Constitutional fidelity.*
If they haven’t begun to already, Christians need to
humbly pray, seek God, and clean up our act and vote.
* I plan to write another post about Constitutional fidelity soon and will post a link here.
In today’s Bible reading, Paul tells his spiritual son Timothy that Believers should pray for those in authority over them. He uses several Greek words for prayer, each covering a different kind of prayer. And he tells Timothy to pray “for everyone, for kings and all those who are in authority, so that we may lead a tranquil and quiet life in all godliness and dignity.” (1 Timothy 2:1-2 CSB) The emphasis isn’t so much on the kinds of prayers, but whom the prayers are to be for. He begins with “everyone” and immediately names the title of civil authorities. Yes, we need to pray for our church leaders, but that’s not Paul’s focus. Paul’s focus is on the civil authorities. Why?
In order to better appreciate Paul’s instructions to pray for those in authority, we must look at the historical context of Paul’s letter to Timothy. Paul wrote the letter around AD 63-66 after his release from house arrest in Rome. He is quite aware of the growing climate of Roman religious persecution. Nero is the Roman Emporer and he isn’t known for being friendly to Christians. Actually, Nero is known to have used Christians as street lights in Rome as their bodies were impaled and set afire at night.
It’s in this historical context that Paul tells Timothy to pray for civil authorities … including Nero. WHAT???
You may have seen social media posts decrying Christian persecution because a retail store employee was forbidden from telling customers, “Merry Christmas” or an HOA prohibited a Christian from displaying a manger on her front lawn. Now let me ask, in comparison to the religious persecution experienced by First Century Christians under Nero, how can we dare call these examples “Christian persecution”? We can’t because it isn’t.
It seems that our political climate is as divided as I’ve ever heard of. When it comes to those in places of civil authority in our country, I confess, I complain a lot more than I pray.
You may really like the current President of the United States of America. Or you may think the President is unpresidential. You may think the President is a reprobate. You may feel the President is personally repulsive. You may feel the President is guilty of committing crimes.
I’m sure lots of people have voiced these opinions of most of our Presidents!
It really doesn’t matter who our civil authorities are, if you call yourself a Christian, you are obligated to pray for them. The same goes for those in civil authority on the State and community level. Paul says to pray for all of them. And so we must.
So what do we pray for those in civil authority?
For starters, pray for their salvation. Pray for their walk with God. Pray they live in integrity. Pray for wisdom. And pray for impartiality in enforcing, legislating, and interpreting our laws.
This devotional was originally published on September 11, 2019.
In today’s Bible reading, Paul highlights the fact that his ministry isn’t about him. He constantly points out that he is reaching out to others. His focus is never about him.
He emphasizes here (and elsewhere) that one of his purposes — and one of our purposes — is to build up other people. Look at Social Media. Look at TV shows. Look at movies. Look at the headlines. Putting people down is everywhere. It seems that every month (every week?) another teen has made a really bad choice because he/she was bullied on Social Media. “Be Kind” seems to be the motto of the day.
We shouldn’t have to be reminded to be kind. (Ephesians 4:32) We shouldn’t have to be reminded that it’s not about us. but Paul reminds us anyway.
Who can you build up today? Maybe it’s a family member. Maybe it’s a friend. Maybe it’s a coworker. Maybe it’s a complete stranger. Building up someone is never a bad thing to do.
And be kind and compassionate to one another,
forgiving one another,
just as God also forgave you in Christ.
Ephesians 4:32 (CSB)
This devotional was originally published June 4, 2019.
This video showed up in my Facebook Newsfeed this evening. Is this true?
Regardless, let’s use this time to pray that God will use our current crisis to turn hearts to Himself.
God, will You do it again? Will You send a Third Great Awakening to our country to spread around the world?
When Paul was “quarantined” by prison, his ministry didn’t stop. He simply shifted his strategy, methods, and tools.
We’re doing the same thing right now at church: shifting our strategy, methods, and tools. We can’t use one of our tools (our building) right now. But Social Media, Zoom Meetings, and phone calls are still working just fine.
And like Paul, our message will never change.
Don’t lose heart. This temporary pause — this “momentary affliction” (2 Corinthians 4:17–18) — will end. We will meet together “in-person” again. In the meantime, we will continue being the church.
- Pray for each other.
- Pray for our church.
- Pray for our country and its leaders. (1 Timothy 2:1-2)
- Call and text each other. Encourage each other. Pray with each other.
- Invite your family and friends to join us for our online Bible studies.
- Invite your family and friends to join us for our online Sunday Morning Messages.
- Listen to and sing along with worship music.
- Keep up with your Daily Bible Reading and Devotional readings.
- Keep up with your monthly Scripture Memory.
- Remember to be thankful.
- Continue your financial support for our church. You can send your giving checks to the church or if you’re out, just drop an envelope in our locked mailbox.