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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 1, 2011 / 25 Adar I, 5771

Evolutionary Law

By Cal Thomas




http://www.JewishWorldReview.com | President Obama has said his view of same-sex "marriage" is "evolving." Apparently he thinks that the law should be based on a kind of Darwinian jurisprudence which allows it to "evolve" and become whatever the ruling politicians at a given moment say it is (or isn't).

How else to explain the decision by the president and his attorney general, Eric Holder, not to defend the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton in 1996? The Senate vote was 85-14; the vote in the House was 342-67, an indication of overwhelming public support to keep marriage for opposite-sex couples.

Let's leave aside for the moment any moral, religious, historical or cultural reasons for maintaining the legal status quo on marriage, which has precedent dating to biblical times. The president and his attorney general have concluded that because DOMA is being challenged before the Second Circuit Court of Appeals, which they say "has no established or binding standard for how laws concerning sexual orientation should be treated" -- they will circumvent or overrule judicial authority and decide the matter for themselves. This "we are the law" thinking is what we oppose in Middle East dictators.

Holder contends that because of past "discrimination" against gays, the Second Circuit Court will, or should, apply a more "rigorous standard" to such cases and when they do, DOMA will be found unconstitutional.

Doesn't this sound strangely like Richard Nixon's approach to the law? It was Nixon who told David Frost in 1977, "When the president does it, that means that it is not illegal." So when the president and his attorney general refuse to defend a law they have taken an oath to uphold, isn't that the other side of the same coin? Imagine the reaction from the Left had George W. Bush announced his administration would no longer defend Roe v. Wade because he thought it unconstitutional and it would eventually be overturned by the Supreme Court.

Former Speaker Newt Gingrich in an interview with Newsmax on Friday said he thought the Obama-Holder decision not to defend DOMA in the courts might be an impeachable offense and that the House may "zero out (defund) the office of attorney general and take other steps as necessary until the president agrees to do his job." He later softened his stance on the issue of impeachment, saying instead in a statement to reporters that, though impeachment is clearly not an appropriate action, "Congress has every responsibility to demand President Obama live up to his constitutional obligations."



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The president and attorney general believe there are no "reasonable" arguments in favor of retaining DOMA. Constitutional attorney John Whitehead disagrees. Whitehead tells me he thinks the Obama-Holder tactic is "an attempt to provide cover for the president's decision to achieve a repeal of DOMA through the courts as opposed to an even-handed evaluation of the strengths of the legal arguments."

Whitehead notes that Holder has acknowledged a binding circuit court precedent which holds that "classifications based on sexual orientation are subject to 'rational basis' scrutiny." Under such scrutiny, Whitehead says, "a legislative classification based on sexual orientation would be upheld if there is any conceivable basis to support the distinction; a court is not to judge the wisdom, fairness, or logic of the legislative choice."

Whitehead adds, "Because rational basis scrutiny is extremely deferential to the decision of the legislature, the determination that it applies to a particular classification basis is usually outcome determinative; where rational basis scrutiny applies, that equal protection challenge is almost always denied."

That is why President Obama and Attorney General Holder are wrong to pre-judge the outcome of this case in the courts, not to mention their rejection of congressional authority. Isn't this ultimately about the separation of powers?


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Cal Thomas Archives

JWR contributor Cal Thomas is co-author with Bob Beckel, a liberal Democratic Party strategist, of "Common Ground: How to Stop the Partisan War That is Destroying America". Comment by clicking here.

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