In this issue

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 March 28, 2005 / 17 Adar II, 5765

Starved of justice

By Jack Kelly

Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | The law and justice often take divergent paths. This was the theme of Stanley Kramer's 1961 masterpiece, "Judgment at Nuremberg."

Spencer Tracy plays Dan Haywood, an American judge presiding over the trial of four German judges accused of war crimes. Three are Nazi functionaries. The fourth is Ernst Janning (Burt Lancaster), a distinguished jurist who despised Hitler.

Janning is convicted for having sentenced an elderly Jew, Feldenstein, to death for having sex with a young "Aryan" woman. There was evidence presented at trial that Feldenstein did indeed have sex with Irene Hoffman (Judy Garland), and this was a violation of Hitler's Law for the Protection of German Blood and German Honor. But Janning is convicted because the law he enforced was unjust. A judge's responsibility, Haywood said, is to stand for justice when standing for something is most difficult.

When U.S. District Judge James Whittemore authorized the killing of Terri Schiavo, he could claim he was following the law. But no one will accuse him of standing for justice.

The state trial judge, George Greer, determined as a matter of fact that Terri was in a persistent vegetative state from which she could never recover, and that she had expressed the desire to have her life ended if she ever were in that condition.

If it were clear this were so, there would be little controversy. But four dozen neurologists think Terri was misdiagnosed. And Greer's finding that she would want to die is based solely on the testimony of her husband, who is living with another woman by whom he has fathered two children, and who stands to inherit her estate.

Greer did not appoint a guardian for Terri, even though it was clear her interests diverged from those of her husband. He never ordered an MRI or a PET scan, the only way to determine the actual extent of her brain damage. This is equivalent to ignoring DNA evidence in a murder trial.

Those who would have us believe in Greer's finding of fact also want us to believe that starving someone to death is "withdrawal of life support," and that death by starvation is painless.

Specious as his fact finding was, Greer dotted his i's and crossed his t's with regard to legal procedure. All subsequent legal reviews have been of the law, not of the facts. It was to get a fresh look at the facts that Congress passed legislation to permit review of the case in federal court.

Hugh Hewitt, among other things a law professor, notes that it is common practice for federal courts to issue injunctions when it is endangered bugs or plants that are at risk. But Judge Whittemore found the narrowest grounds he could to refuse to order reinstatement of Terri's feeding tube. In doing so, he stuck his thumb in Congress' eye, as Greer had done earlier when he ignored a congressional subpoena.

The disdain judges exhibit for the people's elected representatives is leading to a confrontation that will reverberate long after Terri Schiavo's bones have moldered. We've been here before.

"This man sticks to a decision which forbids the people of a Territory from excluding slavery, and he does not because he says it is right in itself — he does not give any opinion on that — but because it has been decided by the court," said Abraham Lincoln of Stephen Douglas' support for the Dred Scott decision. Lincoln believed moral law and the will of the people should prevail over the diktats of the judiciary.

"We are no longer a nation of laws," said a reader of Hewitt's blog. "We are a nation of lawyers. It doesn't matter how carefully we frame a law. It doesn't matter what sort of initiative the voters pass. The elite judges do whatever they want."

No public interest is advanced by Terri Schiavo's death. No harm would have been done by permitting her parents to care for her. If the law demands Terri's death by this cruel means because her existence became inconvenient for her husband, then, as the Charles Dickens character Bumble said, "the law is a ass."

As Terri Schiavo was starving to death, Austria's justice minister announced that a doctor who worked at a clinic where the Nazis killed thousands of disabled children will not be put on trial because he suffers from severe dementia. I'm sure the irony is lost on Judges Greer and Whittemore.

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 Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration. Comment by clicking here.

Jack Kelly Archives

© 2005, Jack Kelly