May 13, 2013
David G. Savage:
Church-state, literally? Supreme Court weighing public school graduation in a church
May 10, 2013
Rabbi Berel Wein: Be all that you should be
May 8, 2013
Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas
Obama administration quietly backs out of appeal over new contraceptive mandate
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The Kosher Gourmet by Leela Cyd Ross :
Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility
May 6, 2013
May 3, 2013
Kids, kittens the Same?
With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Artificial kidney offers hope to patients tethered to a dialysis machine
April 29, 2013
Poland's new Jewish museum celebrates life, doesn't revisit Holocaust
Terrorism in America: Is US missing a chance to learn from failed plots?
Boston Bomber's 'Svengali' Revealed
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April 26, 2013
Clifford D. May:
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Sharon Palmer, R.D.:
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April 24, 2013
Admit it: No one has any idea what's going on
April 22, 2013
US man departing country arrested on terror charges
An unorthodox but growing treatment in a 9-year-old's battle against cancer
April 19, 2013
Caroline B. Glick:
Why Obama's visit to Israel had no impact on public opinion or government policy
Gold collapse: The start of something big?
Livable super-Earths? Two candidates among Kepler's latest finds
April 17, 2013
Too much of a good thing? 'Palestinians' realize downside of foreign aid boom
BAD NEWS: EVERYONE IS RIGHT!
April 15, 2013
Egyptian Christians respond with harsh words to attack -- rocks, Molotov cocktails, and gunfire -- against main cathedral
Marcy Darnovsky and Karuna Jaggar:
High Court to decide if you should own your DNA
US bracing for more Russian blowback after taking action against 18 more human rights violators
April 12, 2013
New cybersecurity bill: Privacy threat or crucial band-aid?
Jewz in the Newz by Nate Bloom:
The Kosher Gourmet by Susan Russo:
Jackie Robinson's Friend, Hank Greenberg; CNN's Jake Tapper; Texas County in the News is named for 19thC. Jewish soldier and Congressman
FRUITY QUINOA STUFFED PEPPERS: A flavorful, colorful and edible vessel of delicately fluffy, mildly nutty filling combined with chewy apricots, tangy cherries, and crunchy pistachios
April 10, 2013
North Korean missiles: Could US shoot them down?
Warning: Don't waste your capital being fooled by profit prophets
Donald Hensrud, M.D.:
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74 DNA discoveries move cure closer for three cancers
April 8, 2013
Jonathan Tobin: What Part of No Preconditions Do American Jews Not Get?
Is Putin finally trading his own party for a new power base?
Jewish World Review
April 13, 2010
/ 29 Nissan 5770
The Next In(Justice)
Wouldn't it be nice (as the Beach Boys sang in a completely different context) if once, just once, a liberal Democrat president nominated to the Supreme Court someone he believed reflected his views of the Constitution only to see that justice swing to the right after he was confirmed? That hasn't happened since John F. Kennedy named Byron "Whizzer" White to the court and White cast one of two dissenting votes in the infamous Roe v. Wade abortion case in 1973. Every judge named by a Democratic president since then has been reliably liberal.
Republican presidents have had less success in naming reliably conservative jurists to the court. Dwight Eisenhower would come to regard Earl Warren as the "biggest damned-fool mistake I ever made." Gerald Ford, a moderate Republican, nominated now-retiring John Paul Stevens, who held a liberal view of constitutional language. The sainted (for conservatives) Ronald Reagan gave the country Sandra Day O'Connor and Anthony Kennedy. O'Connor was the swing vote on cases that might have rolled back Roe, which came to stand for abortion on demand, but she declined to do so. Same with Kennedy, who became more concerned with precedent rather than a case wrongly decided.
George H.W. Bush nominated David Souter after being assured by his chief of staff and Souter's fellow New Hampshireman, John Sununu, that he was reliably conservative. Souter turned out to be as liberal on many important issues as Justice Stevens.
The problem for more than half a century has been whether members of the Supreme Court see themselves as faithful interpreters of what the Founders intended, or judicial freelancers with the power to create law, claiming it was what the Founders intended, or worse, believing that it doesn't matter what the Founders intended, which is where liberal judges have brought us. Too many modern jurists behave like constitutional gods, handing down commandments as if from Mt. Sinai.
President Obama shares this liberal view of the Constitution, so it is unlikely he will name a moderate, much less a conservative, to the court. In his book "The Audacity of Hope," Obama devotes an entire chapter to his view of the Constitution. To him its language is not fixed, but fluid and thus open to subjective interpretation by presidents and judges. Obama thinks free speech, to take one example, requires a different interpretation in the Internet age than it did in the 18th century, and besides, he writes, the Founders profoundly disagreed on many issues. Yes, but they agreed on the language of the Constitution.
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A New York Times editorial said Justice Stevens had a reputation for being on the side of "fairness and justice." The left reserves the right to interpret such notions. The Constitution ought not be open to individual interpretation. The Framers meant what they wrote. Their words have served the country well, at least until the reinterpreters began defining the words according to their political biases.
Liberals view the Constitution as an impediment to their political and social agenda. Like water running downhill, liberal jurists will go around, over, under or through any obstruction that impedes them from imposing their worldview from the bench, and without the approval of the Constitution or the electorate.
Whoever Obama nominates, at least two things are guaranteed. First, the person will be a liberal in the tradition of John Paul Stevens and Chief Justice Charles Evans Hughes (1862-1948), who famously said, "The Constitution is what the judges say it is." Second, no matter how far left the person is, you won't hear the big media say the nominee is "out of the mainstream" as when a Republican president nominates a conservative to the court.
By some estimates, this is a 70-30 center-right nation. How, then, is a far-left liberal nominee considered mainstream and a moderate-to-conservative one not mainstream?
There is always the outside chance an Obama nominee will convert to judicial restraint, but that is as likely to happen as a tax cut from this president.
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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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