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What we can learn from the friendship of Ruth Bader Ginsburg and Antonin Scalia

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September 25, 2020

The night Ruth Bader Ginsburg died, Russell Moore gave word to what many of us felt, that her passing “signifies an age of transition, a time of uncertainty.” Moore made the comment in a video standing outside his office where, moments before the news would break and change the night’s programming, he was set to join CNN to talk about pastoring during the pandemic.

Reflecting on the moment, Moore tied the night’s loss of Justice Ginsburg with the 2016 loss of Justice Antonin Scalia. He referred to them as titans of the right and the left and reminded us of their endearing friendship, “Let us look to their example of friendship, even as they had deep policy disagreements, as a model for our country moving forward.”

Today, Justice Ginsburg became the first woman and the first Jewish American to lie in state in the U.S. Capitol, one week after her passing. It feels further away because news moves fast these days. Each day closer to Election Day feels like our country has been pulled that much further apart. It’s easy to think of the pace of news in this environment like the ocean’s current, an outside force that tosses us to and fro. But political news moves at the pace its shared. We drive the news faster with our tweets and posts. We churn our collective attention span by clicking from one headline to the next as we lean further in the direction of our priors. Overtime, we’ve created totally different information silos from which we see the world.

The state of our national divide

Much has been written in recent years of our growing national divides. Political scientist Dave Wasserman coined the juxtaposition of “Whole Foods counties vs. Cracker Barrel counties” as a prism to understand how the growing cultural divide affects elections. For what it’s worth, I love dining in both.

Others includes Bill Bishop’s book, “The Big Sort,” chronicling the geographic shuffling of Americans into like minded clusters, and Cass Sunstien’s book, “Going to Extremes,” exploring how people’s ideological beliefs can grow more extreme when they cluster together. Jonathan Haidt dives deep into understanding why good people are divided on politics and religion in his book “The Righteous Mind.” And from an evangelical Christian perspective, David French of “The Dispatch” writes frequently on our national splintering with a new book out this week, “Divided We Fall.” French is doing critical work spotlighting how this “super clustering of like-minded citizens” is a bipartisan phenomenon that’s causing us to lose the ability to even know how to talk to one another when we disagree politically.

These social clusters and information silos are the soil in which tribalism develops and eventually can devolve into negative partisanship.

Writing for our Faith and Healthy Democracy report, an ERLC and Lifeway research project on evangelicals and the state of public discourse, Paul D. Miller describes this predicament, “Political tribes turn us from democratic citizens into mindless culture warriors. Simply put, we are making ourselves stupider and meaner.”

A different way 

Thankfully, it doesn’t have to be this way. Justices Ginsburg and Scalia were icons for ideologically opposed corners of the electorate but their lives proved that friendship is an antidote for the contempt that too often accompanies political polarization.

The two lawyers served together as judges in the U.S. Court of Appeals for the D.C. Circuit in the early 1980s and then for nearly 14 years together on the bench of the U.S. Supreme Court. They were rarely on the same side of a ruling and would often dissent in fiery language to one another’s opinions. So how is it that she would say of him, “we were best buddies,” and he would say of her, “she was the best of colleagues, as she is the best of friends.”

Justices Ginsburg and Scalia were icons for ideologically opposed corners of the electorate but their lives proved that friendship is an antidote for the contempt that too often accompanies political polarization.

Christopher Scalia, one of the late justice’s sons, wrote of his father’s friendship this week in an opinion piece for Fox News. The younger Scalia recounted that their friendship seems so unlikely to some people that they ask him bluntly, “I hear they were friends – is that true?”

This wasn’t the kind of expedient friendship everyone knows is forced for appearances or agendas. They were family friends, vacationing friends, holiday-celebrating and hobby-sharing friends. Their spouses, Marty Ginsburg and Maureen Scalia, were close friends as well. They loved to cook and would do so every New Years Eve as the Ginsburg’s and Scalia’s made a tradition of dining together to celebrate. Christopher, in his piece, remembered those nights fondly, “This set of old-timers could stay up into the wee, small hours of the morning every year, out-partying their children.” 

It’s evident in the recollections of Scalia’s son and others who knew them that their personal friendship was secure enough to sharpen their professional work as well. Christopher notes how Justice Ginsburg helped correct his dad’s typos and strengthen his arguments. Richard Wolf, writing in USA Today this week on this storied friendship, recounted a story Justice Ginsburg shared in her eulogy at Justice Scalia’s funeral, “When she was writing the court’s majority opinion striking down the Virginia Military Institute’s ban on admitting women, Scalia showed her his unfinished dissent. ‘It was a zinger,’ filled with ‘disdainful footnotes,’ she said. But I was glad to have the extra days to adjust the court’s opinion. My final draft was much improved, thanks to Justice Scalia’s searing criticism.’”

“The point is,” Christopher writes, “they didn’t let differing and deeply held convictions undermine their dear friendship.”

Our nation clearly admires the Scalia and Ginsburg friendship, but do we aspire to such friendship in our own lives? Do we have it within us to try to love that one neighbor of ours whose politics we find dreadful? Can we find the time to invest in a relationship with a co-worker outside the office? Are we willing to reach out to find shared interests with the person whose worldview seems alien to our own? Building friendship with people whose politics you don’t share takes effort, but there is so much more to life than politics.

Too often during the heat of an election year we choose not to just disagree with the way people vote, but to assume the worst about why they might vote differently than us. That’s tragic, especially within the church. In following Christ’s command to love our neighbor as ourselves, we may discover that we share more in common with our neighbor on the other side of the political aisle than our tribe would tempt us into thinking.

In his reflection Christopher Scalia shared a moving story to illustrate how he believed these two titans of the law mastered the balance of forceful political debate and a peaceful friendship. It’s a lesson we would all do well to consider in 2020.

“Judge Jeffrey Sutton, one of my father’s former clerks, tells a story about visiting my father at the Supreme Court on what happened to be Justice Ginsburg’s birthday. My dad had bought his old friend two dozen roses for the occasion, and Judge Sutton started teasing him, joking that there was no point to a gift like that when Justice Ginsburg had never sided with him in an important 5-4 case.

My father replied, ‘Some things are more important than votes.’”

Photo attribution: Karin Cooper/Getty Images North America

Jeff Pickering

Jeff Pickering is the director of the Initiative on Faith & Public Life, a project of the American Enterprise Institute. AEI is a leading public policy think tank in Washington, DC and the initiative exists to equip Christian college students for faithful engagement in public life. Jeff moved to Washington … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24