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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
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 August 28, 2006 / 4 Elul, 5766

Politics over justice

By Jonathan Gurwitz


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http://www.JewishWorldReview.com | It's the summer of 2006. But U.S. District Judge Anna Diggs Taylor may have already served up a keystone issue of the 2008 presidential election.


For three decades, liberals have warned about the consequences for the judiciary should Republicans win the White House.


"If GOP candidate X is successful," this trope goes, "a woman's right to choose will be irretrievably endangered."


The underlying threat in this Democratic scare tactic is that Republican judges will make abortion illegal.


Never mind that judges can't make abortion illegal. In the most extreme instance, the Supreme Court might overturn Roe vs. Wade — taking the abortion debate out of the federal courtroom and putting it back into the political process.


Yet somehow, the "right to choose" has survived the appointment of judges by Presidents Ford, Reagan, Bush and Bush II. Roe vs. Wade is still, without question, the law of the land. And even the two latest appointments to the high court — Chief Justice John Roberts and Associate Justice Samuel Alito — have testified that it is "settled as precedent."


There's a real question, however, whether the nation can survive the appointment of more judges like Taylor.


"Three years after she campaigned for Jimmy Carter's presidential bid," the Detroit Free Press notes in a recent glowing profile, "Carter rewarded Taylor with a lifetime appointment to U.S. District Court in Detroit."


The odds are good that the appellate process will overturn Taylor's ruling last week that the Bush administration's program to eavesdrop on communications between individuals in the United States and suspected foreign terrorists is unconstitutional. And for the moment, it will have no practical effect. Enforcement of Taylor's decision will remain in suspense until, at the earliest, a Sept. 7 hearing on whether to grant the government's request for a stay.


But that shouldn't obscure the frightening aspects of her 44-page ruling.


There is her extension of constitutional rights to terror suspects in other countries. There is her abdication of a judicial tradition giving the chief executive wide latitude in defending the nation during time of conflict.


There is her assertion, as a matter of fact, that the most controversial issues of the case are self-evidently settled. With scant evidence, she claims President Bush has "undisputedly violated the Fourth (Amendment) in failing to produce judicial orders as required by FISA. And accordingly has violated the First Amendment rights of the plaintiffs as well."


Bobby Chesney, an associate professor at Wake Forest University School of Law and the editor of the American Bar Association Standing Committee on Law and National Security's National Security Law Report, told the Washington Post, "Regardless of what your position is on the merits of the issue, there's no question that it's a poorly reasoned decision."


The most disturbing part of Taylor's broadside is her blatant employment of partisanship in place of legal reasoning. "There are no hereditary kings in America," she writes, echoing a staple of left-wing, anti-Bush propaganda.


And, most tellingly, she condemns the "War on Terror of this administration." No, your honor. It is the war on terror of this country and the civilized world, thrust upon us by homicidal extremists for whom the finer points of Western legal theory and individual rights are as meaningless as the lives they routinely snuff out.


The tragedy here is that there is a real constitutional issue to sort out. How will Americans reconcile their cherished civil liberties with the threat of modern terrorism? And specifically in this case, what limits can be imposed on executive branch intelligence-gathering — as opposed to law-enforcement — activities once Congress grants the president the authority to use military force?


Taylor might have made a valuable contribution to this ongoing legal debate. Instead, she put partisan interest above national interest to render a decision that reveals the dangers of allowing more judges like her to reach the federal bench.

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.

JWR contributor Jonathan Gurwitz, a columnist for the San Antonio Express-News, is a co-founder and twice served as Director General of the Future Leaders of the Alliance program at NATO Headquarters in Brussels, Belgium. In 1986 he was placed on the Foreign Service Register of the U.S. State Department.Comment by clicking here.

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© 2005, Jonathan Gurwitz

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