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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 Dec. 6, 2005 /5 Kislev, 5766

The Alito Memos

By David Limbaugh


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http://www.JewishWorldReview.com | Today, Republican judicial nominees must engage in a distasteful cat-and-mouse charade whereby they are badgered to repent from any past blasphemies in which they contradicted liberal church doctrine on abortion.


Speaking of such blasphemies, two 1985 memos are said to be the twin barrels of the smoking gun that prove Judge Alito to be an irredeemable enemy of women's sacred rights. One involved his application for a position with the attorney general in which he reportedly expressed pride in contributing to legal arguments for the Reagan administration such as "the Constitution does not protect a right to an abortion."


The second is a memo he wrote as a lawyer in the U.S. Solicitor General's Office in a certain abortion case where he discussed "this opportunity to advance the goals of bringing about the eventual overruling of Roe v. Wade and, in the meantime, of mitigating its effects."


The discovery of these writings immediately placed Alito in the doghouse. How dare a Supreme Court nominee have had the audacity to suggest that a case that even many liberal legal scholars recognize as poor constitutional law is poor constitutional law and ought to be overturned?


These revelations nudged liberal Sen. Specter toward convulsions. Specter indicated he would ask Alito to answer a number of questions in writing, presumably giving him a chance to express contrition for such breaches of postmodern etiquette and properly distance himself from those past sins.


The White House convinced Specter to meet with Alito instead and publicly report his responses. According to Specter, in the first memo, Alito was merely expressing a "personal opinion, [which] would not be a factor in his judicial decision." In the second, "he was writing as an advocate; that his role as a judge would be different."


These explanations aren't satisfying liberal groups, which is entirely predictable, since they're apparently impervious to the concept that a judge can separate his personal or political views from his rulings and dispassionately interpret the Constitution. (You know how it works: Thieves think everybody steals, Bill Clinton thinks everybody lies, liberal judicial activists think every judge is an activist.)


Accordingly, they are convinced Alito's presumed personal opposition to abortion dictated his vote (by way of dissenting opinion) in Casey v. Planned Parenthood to uphold a state statute requiring a married woman to inform her husband before having an abortion. It couldn't possibly be that he believed the law required him to uphold the statute.


I have no doubt Alito was telling the truth about both memos. His statement that the role of a legal advocate is different from that of a judge is inarguable. He was writing as an advocate, and that is no less true if his actual legal opinion happened to be consistent with his advocacy position. It is also true, liberal cynicism aside, that a Constitution-respecting judge truly strives to (and does) separate his personal views from his decision making.


But based on today's unwritten rules that only inscrutable, stealth nominees need apply, I suppose Judge Alito would be foolish to volunteer his personal opinion (if it is his opinion) that abortion is morally wrong, or his personal legal opinion (if it is his opinion), that Roe was wrongly decided.


The problem is that if Alito answers the questions more explicitly, such as saying, "I believed then, consistent with my advocacy memos, that Roe was wrongly decided, and I still believe so today," he might be coming too close to telegraphing how he would rule in a future case. He can't possibly know in what context the issue may later come before the Court. He would also be giving the pro-abortion-litmus-test Left an excuse to filibuster his nomination. He has no choice, then, but to answer the way he did.


There is also the possibility, as has been suggested, that he believed in 1985 that Roe was wrongly decided, but that its presence in our jurisprudence for 20 more years weighs heavily against overturning it in 2005. Even judges who fashion themselves strict constructionists regrettably sometimes believe that longstanding Supreme Court decisions, even if erroneous when entered, should rarely be overturned.


Concerning Roe, liberals have a ray of hope with both Justice Roberts and Judge Alito. They both doubtlessly believe or at least believed at one time, personally and professionally, that the case was wrongly decided. But it is far from clear that either would overturn Roe today — though I pray they would — given their professed reverence for Supreme Court precedent and their reluctance to overturn even wrongly established precedent.


It's a sad state of affairs that liberal activist nominees, who are sure to uphold bad law, like Roe, when it suits their policy objectives, will breeze through the confirmation process absent a character or competence issue, but most Constitution-respecting ones will have a very difficult time. But in politics, double standards abound.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.

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