The news of Justice Scalia’s death hit the airwaves around sunset Saturday night. Before his family could process his unexpected passing, his still warm body was turned into a political football.
A debate — scheduled months before Justice Scalia’s death — began with a moment of silence to his memory. But when the candidates took their places behind the podiums, it was as if they heard a bell ring, and the gloves came off. Reverence was replaced with rhetoric, moments of silence with political opportunity.
As a United States citizen, I was appalled. As a Jew, this was antithetical to the way I have been fashioned to mourn. What has our society devolved toward?
While I regularly found myself disagreeing with many of the opinions and dissents of Justice Scalia, still, he was a brilliant jurist. In addition, he was well known for having a sharp, quick, and sophisticated sense of humor along with an unbridled love for his family and this country. While Justice Scalia disagreed with many, he was never rude or obnoxious. In fact, one of the greatest tributes to surface after his death was from his fellow jurist and opera buddy, Justice Ruth Bader Ginsburg. She and Scalia found themselves on the same sides of Supreme Court opinions about as often as a solar eclipse occurs. Even so, they had a deep seeded respect for each other’s thought processes and a shared love of the law. Where has that level of commonality gone?
I grew up in the ’80s. As a prepubescent kid with an elementary understanding of politics, I could vividly remember the impact of Tip O’Neill, then Democratic Speaker of the House, and Ronald Reagan, then Republican President, working together on all issues and even breaking bread in public often, in what was obviously a public display of camaraderie. That simple gesture let the world know that while politically O’Neill and Reagan might be separate,the division began and ended there. It modeled to the world that our differences need not be personal, and that core values and mutual respect are more important than voting records. That is the Jewish path as well. Perhaps that is why I am so attracted towards it and lament its erosion.
Bible-thumping presidential candidates should be familiar with the Book of Ecclesiastes. In Chapter 3 of that Good Book, it teaches that there is a time for every season. The notion is so timeless, The Byrds put the words to melody in a song that came to characterize the landscape of the 1960’s:
“There is a time for dancing and a time for standing still; a time for crying and a time for laughter. There is a time for being born and a time for dying.”
This time in our nation should be a moment of mourning. Flags should be lowered to half-mast. A brilliant jurist, a devout Christian, a loving husband, an adored father of 9 children and 28 grandchildren, a civil servant and respected Justice of the Supreme Court of the United States for 30 years has died. Let us rent our clothes, mourn his loss properly, and allow time for his family and colleagues to grieve. Let us inter him with the respect and dignity of his faith. Allow us to celebrate his achievements and begin the process of cementing his legacy. After those things occur, we can transition to seeking a suitable replacement and deliberating the qualifications for such person.
Further, Jewish customs of Shiva demand a pause from routine and regular cycles. We are commanded to care for the dead and tend to affairs for burial so mourning can commence. Once it does, we are not allowed to worry about issues that are non-life-threatening until the seven day period of Shiva has concluded.
The thorough hypocrisy of candidates on both sides to claim our country was founded on values and morals yet be devoid of those values when it comes to political opportunity is frustrating. Jewish, Christian and Muslim traditions each have mile-markers of mourning that bring people on a journey. Time is the shared ingredient for all faiths while on that course.
When Aaron’s sons, Nadav and Avihu, died for offering a strange fire to God, the text tells us that Aaron was silent. He did not begin more sacrifices, answer his brother, or try and explain God’s rationale. He was silent. This text illustrates the process of mourning that begins not with plans and next steps, but with solemnity.
Justice Scalia’s body is not yet cold. Nevertheless, politicians and pundits alike are plotting the next steps and political ramifications. I find that behavior abhorrent and akin to family members standing around a loved one in the hospital bed as the doctor pronounces the time of death, instantly stooping into a fight over inheritances. It is tactless, insensitive, and uncouth. We should be ashamed.
If we ‘want to make America great again’ then we better start matching our conduct with our slogans. Otherwise, the ones ranting about our demise are, ironically, the very ones accelerating it.
May Justice Scalia’s memory be a blessing. May his family find comfort in his life and his achievements and the support of a grateful nation. May he forever rest in peace.
Shabbat Shalom,
Rabbi David-Seth Kirshner