Category Archives: News

Black Hats Don’t Always Mean Bad Guys

In an enlightening example of how the rush to publish “juicy” stories without doing the requisite research can lead media to propagate falsehoods, a New Jersey radio station, NJ 1015, broke a story recently that was, well, itself broke – bereft, that is, of fact.

The news station, the flagship broadcasting arm of the Townsquare New Jersey News Network, apparently taking its “information” from a blog, described what one of its personalities, Jeff Deminski, called a “truly disgusting situation,” one that, he asserted, “most will be afraid to talk about because they want to be politically correct” – i.e. uncritical of Orthodox Jews.

Lakewood, New Jersey, as is well known, is home to a large and growing Orthodox population.  A large mall is being considered by the local township’s planning board.  Some Orthodox residents are in favor of the project, others opposed (so much for the image of a solid Orthodox bloc).

The blog and the radio station asserted that 1,200 Orthodox Jews had signed a petition opposing the mall, on the grounds, among other things, that it might include stores owned “by goyim.”

Another commentator on the station, Sergio Bichao, quoted the petition further as fretting that “the presence and influence of non-Jews,” should the mall be built, “is terrifying.”  Mr. Bichao took the opportunity to reprise other alleged local Orthodox nefariousness, like the community’s utilization of the school board to spend “tens of millions of public dollars on tuition and transportation for students to attend out-of-district special-education and religious schools,” to the detriment of “black and Latino” public school students; and accusations against “Lakewood developers and religious leaders of promoting ‘blockbusting,’ the practice of scaring off homeowners with the specter of an invading ethnic minority — in this case, Orthodox Jews — in the hopes of driving down real estate prices in order to spur a buyer’s market.”

Never mind that the law requires school districts to provide special education in appropriate settings to all its school children (even Orthodox Jewish ones), and that insufficient funding is available to the Lakewood district to maintain its current educational needs; or that the actions of one of two individuals acting on their own who aggressively offered to buy Lakewood-area homes were attributed to the entire Orthodox community – or that their methods were widely condemned by other Orthodox residents and leaders.

All that matters is that the bad guys be the ones with the black hats.

But what also matters, or should, is truth.  It turns out that the blog had it wrong (and has since removed the post and issued a correction).

The “petition” that contained the offensive language was an open letter created by one misguided fellow. The actual petition that had garnered 1,200 signatures consisted of two lines of text, reading, in a medley of Hebrew and English: “We are requesting from Cedarbridge Corporation [the developer promoting the mall project] to withdraw from their involvement in making a shopping center in our town.”

The signatories to that petition have reasons to oppose the mall project.  Aside from traffic issues and such, there is the fact that among the values held dear by the Orthodox community is a rejection of materialism – the sort of excess on which shopping malls are arguably predicated.

Smaller commercial projects, aimed at providing material necessities rather than enticing people to buy stuff they don’t really need abound in the community.  And their proprietors include both Jews and non-Jews.

What’s more, the sort of businesses that inhabit malls nationwide include some, owned by Jews or by non-Jews, whose advertising and storefront displays are far from consonant with the Orthodox stress on modesty.

But whatever side of the “mall in Lakewood” issue anyone may be on, there is – or should be – only one side worthy of backing on the issue of news organizations’ responsibility to do due research on stories they provide the public – particularly when an inaccurate story is likely to engender animus toward an identifiable racial, ethnic or religious group.

Why I’m Not Bullish on Fearless Girl

For two decades, I’ve passed “Charging Bull,” the iconic bronze statue that stands near Wall Street, twice every workday when I walk from the Staten Island Ferry to my office in Manhattan. Now, I have to pass her too.

I was never particularly fond of the beast, which always struck me as a bronze descendant of the Golden Calf. Now ‘Fearless Girl,” a new statue of a young lady in high tops who leans in defiantly just a few feet from the bull’s horns, leaves me equally unimpressed.

Read more here.

Callousness or Conscientiousness?

The most incriminatory and unarguable allegation leveled by some Senate Judiciary Committee panelists against Supreme Court nominee Judge Neil Gorsuch was, apparently, that he isn’t Merrick Garland. Guilty as charged.

Mr. Garland, of course, for anyone blessedly short of political memory, was former President Barack Obama’s nominee for the seat left vacant since the death of Justice Antonin Scalia in February, 2016. Republican senators refused to schedule a hearing for that nominee since, they argued, a new president would be inaugurated a mere ten months later.

In this observer’s mind, and entirely unrelated to either my feelings about Mr. Obama or the fact that Judge Garland is Jewish, that refusal was a failure of congressional conscience. No matter how lame a presidential duck may be (and ten months is a substantial amount of time for a waterfowl to limp about), a sitting president has a right to nominate a candidate for a vacant Supreme Court seat; and the legislative branch, a responsibility to fairly consider him.

But the fact that something unconscionable was done cannot change reality. Bad things happen (or are wrought), but life must go on. Mr. Garland’s mistreatment does not implicate Mr. Gorsuch in any way. And the latter, as per his reputation and his thoughtful responses during the Senate Judiciary Committee hearings, is an individual eminently qualified to serve on the nation’s highest court.

Less incriminatory, and entirely arguable, were two other charges brought against the nominee: that he once made remarks disparaging to expectant mothers, and that he showed callous misjudgment in a fraught legal case, ruling for an employer against an employee.

In the first case, a former law student of Judge Gorsuch alleged that, in a course at the University of Colorado Law School last year, he told his class that employers, specifically law firms, should ask women seeking jobs about their plans for establishing a family, and implied that women routinely manipulate companies when they are interviewed, in order to extract maternity benefits.

Asked if the charge was true, Mr. Gorsuch replied, “No.”

“I would have never have said [such a thing],” he continued, “I’d be delighted to actually clear this up.”

In a letter to the committee, another student in the class disputed the account. And a former law clerk for Mr. Gorsuch, Janie Nitze, said that when she heard the allegations, “I didn’t know whether to laugh or cry.” She and 10 other female former clerks also sent a letter to the committee in support of the candidate. In it, the 11 women asserted that “The judge has spoken of the struggles of working attorneys to juggle family with work obligations; not once have we heard him intimate that those struggles are, or should be, shouldered by one gender alone.”

The second attempt to portray Mr. Gorsuch as an ogre involved the case of a truck driver who was fired for abandoning his cargo trailer when its brakes froze in sub-zero temperatures. The unfortunate man, after repeatedly being told by the company to stay put since help was on the way, decided – entirely understandably, considering the temperature and the malfunctioning of the heater in the truck cab – to detach the trailer from the cab and drive away.

The legal question in the case was whether a “whistleblower” provision that protects a driver when he “refuses to operate a vehicle” because of safety concerns covered the trucker who chose instead to operate his vehicle.

It may have been heartless for the employer to fire the trucker, in other words, but did it violate the letter of the statute? Judge Gorsuch, in a dissent to a 2016 ruling by his two colleagues on a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, contended that it did not.

For that stance, the nominee was painted as heartless himself, unconcerned with the “little guy.” But an American judge, of course, no less than, l’havdil, a posek in a monetary issue, must render his dispassionate judgment, devoid of sympathy or antipathy toward either litigant, “big company” or “little guy.” The Torah enjoins us to not “favor the face of the poor one” in court (Vayikra, 19:15).

In 97 percent of 2,700 cases, Mr. Gorsuch noted, his judgments were part of unanimous decisions; and he was in the majority 99 percent of the time.

No, he’s not Merrick Garland, it must be conceded. He is Neil Gorsuch.

And eminently qualified for a seat on the republic’s highest court.

© 2017 Hamodia

Unfair Play

In the current polarized political atmosphere, where “team” mentality – “our guys are great, yours are bums” – seems to be the default state of mind, and where objective, thoughtful fairness is the rarest of birds, it must be particularly hard to be a black conservative Republican.

Like Justice Clarence Thomas, Stanley Crouch and Thomas Sowell before him, Dr. Ben Carson, the once-presidential candidate and now Housing and Urban Development Secretary, was recently reminded of the perils of that identity, when an entirely innocent comment he made was blown out of all proportion by a horde of players from Team Black and Team Democrat.

As he began his first full week leading HUD, which provides housing assistance to low-income people and development block grants to communities, and enforces fair housing, Dr. Carson spoke to a standing-room-only audience of the agency’s employees.

He praised them for their dedication to HUD’s mission of “helping the downtrodden, helping the people in our society to… climb the ladder.” And then he extolled the United States as a land of opportunity, saying: “That’s what America is about. A land of dreams and opportunity. There were other immigrants who came here in the bottom of slave ships, worked even longer, even harder for less. But they, too, had a dream that one day their sons, daughters, grandsons, granddaughters, great-grandsons, great-granddaughters might pursue prosperity and happiness in this land.”

The positively lupine reaction to that eloquent paean to America was to pounce on Dr. Carson’s pointedly loose use of the word “immigrant” with reference to African slaves brought to these shores in the 18th and 19th centuries. From the overheated comments that suffused the media, one would have thought that the doctor had extolled slavery rather than the aspirations of slaves, that he had made a direct comparison rather than a clear contrast.

Pundits and academics across the land rent their garments at the desecration, and Congressman Keith Ellison of Minnesota railed that Dr. Carson had shown a “stunning misunderstanding of history… a very scary thing,” and declared that the doctor’s perspective makes him unqualified to lead HUD.

I don’t know what sort of president Dr. Carson would have made, had he prevailed in the Republican primary. He certainly showed misjudgment by imagining that civility is something appreciated by the American electorate.

But I find it easy to envision that he might be just what an agency like HUD needs: someone who recognizes that, however dismal one’s past was or one’s present is, the healthy attitude is fortitude, seeing opportunity in the future and recognizing the role one can play in his own destiny.

Dr. Carson’s personal story exemplifies that well. A poor student in Detroit with, by his own recounting, an anger management problem, he “ask[ed] G-d to help me find a way to deal with this temper” and studied Mishlei. The passuk, he says, that spoke to him most powerfully was “Tov erech apayim migibor…” – “Better a patient man than a mighty one, [better] a man who controls his temper than one who overtakes a city” (16:32). He set himself to the task of self-improvement and earned a full scholarship to Yale, working summers as, variously, a clerk in a payroll office, a supervisor of a crew picking up trash along the highway and on an assembly line. At Yale, he worked part-time as a campus student police aide.

In 1984, when he was 33, Dr. Carson became the director of pediatric neurosurgery at Johns Hopkins University, the youngest doctor in America at the time to hold such a position. And he went on to distinguish himself, pioneering groundbreaking surgeries and receiving the Presidential Medal of Freedom, the highest civilian honor in the U.S., in 2008.

Interestingly, an American president, during a naturalization ceremony at the National Archives, made a similar point to the one that earned Dr. Carson such opprobrium.

He said that “Life in America was not always easy. It wasn’t always easy for new immigrants. Certainly it wasn’t easy for those of African heritage who had not come here voluntarily, and yet in their own way were immigrants themselves… But… they no doubt found inspiration in all those who had come before them. And they were able to muster faith that, here in America, they might build a better life and give their children something more.”

That was Barack Obama, in 2015.

Dr. Carson, in his speech, pledged to lead the agency with an “emphasis on fairness for everybody… complete fairness for everybody.”

How shameful that fairness seems to utterly elude the “team players.”

© 2017 Hamodia

Deportation Vexation

My wife and I don’t employ an undocumented housekeeper – or a documented one, for that matter. But we recently met someone in the former category. “Leah” greeted my wife and me as we arrived at the home of some friends who had invited us for a Shabbos seudah. Our hosts had not yet returned from the shul where they daven, and so I retired to the living room, and my wife went to the kitchen and spoke a bit with Leah, who had immigrated from south of the border.

It turns out that Leah loves working for our friends, and considers them among the nicest people she’s ever met. We weren’t surprised. We have good taste in friends.

It turns out, too, that she lives in fear of deportation, now that the administration is engaged in a crackdown on “illegal immigrants.” On February 6, Immigration and Customs Enforcement (ICE) agents began carrying out “fugitive enforcement operations.”

According to the Department of Homeland Security, more than 680 people were arrested in five cities that week.

It wouldn’t seem, though, at least at first glance, that Leah really has much to fear. The crackdown is aimed at criminal elements, and she, other than having immigrated unlawfully, is a law-abiding person. In the words of President Trump’s recent tweet, “Gang members, drug dealers & others are being removed!” Not housekeepers. Or gardeners, like the ones the president referred to in 2013 when, according to someone present, he told a group of young people born to undocumented workers: “You know, the truth is I have a lot of illegals working for me in Miami… my golf course is tended by all these Hispanics – if it wasn’t for them my lawn wouldn’t be the lawn it is; it’s the best lawn.”

In fact, going after undocumented criminals was precisely the policy of the previous administration, which deported no less than 409,849 people in 2012. In 2015, The ICE, in “Operation Cross Check,” arrested more than 2,000 undocumented immigrants with criminal records in one week. And even when the Obama administration shifted its enforcement priorities so that the vast majority of the estimated 12 million undocumented immigrants would not be subject to immediate deportation, it still went after convicted criminals, terrorism threats and recent immigrants with gusto.

So what, if anything, has changed?

Well, the language, for starters. Mr. Trump called the crackdown “a military operation,” though that description was walked back by White House press secretary Sean Spicer, who explained that the president had been speaking descriptively, not literally.

But there is, in fact, a larger pool now of potential deportees, more people deemed enforcement “priorities.” An undocumented immigrant needn’t have been convicted of a crime to be deported. He or she can simply be charged with a crime, or deemed to have committed an act that an immigration agent considers, on his own, a deportable offense. What’s more, for the first time, ICE policy now allows the arrest of undocumented immigrants who have only immigration violations on their record, if they happen to be discovered in the course of law enforcement actions.

That, it seems, is what Leah was frightened of. While stories of ICE personnel conducting random “raids” in various public places, and their supposed plans to arrest people on their way to worship have been decisively debunked, she had heard of undocumented people with traffic misdemeanors being arrested.

Leah might take heart in the president’s apparent shift on DACA, former President Obama’s Deferred Action for Childhood Arrivals program, which allows “dreamers,” people who illegally immigrated as children, to remain in the U.S. and work.

On the campaign trail, Mr. Trump vowed to “immediately terminate” the program. But – deeply angering some of his more anti-immigrant supporters – he has since softened his tone, calling most of the roughly 840,000 immigrants “incredible kids” and the topic of their status “one of the most difficult subjects I have.”

And while he weighs the issue of “dreamers,” and lawmakers of both parties in Congress are trying to devise legislation to carve out a special status for them, the administration is still issuing work permits to undocumented people under the DACA program.

That is an encouraging sign, at least to those of us who feel concern for young people brought over to the U.S. as children, and for all immigrants like Leah, who are only seeking better lives for themselves and their families. We Jews, both inherently and in light of our own recent history, should have a special appreciation of their hopes to one day become full-fledged American citizens.

© 2017 Hamodia

Bursting Our Bubbles

Ever heard of Chartbeat? Assuming you answered no, well, neither had I, at least not until last week, when it was reported that the web analytics company released a new analysis of the reader preferences of 148 news organizations.

The apolitical company tracks what news stories are being read most at any given moment, along with where those readers came from and how long they spent on each story. Because so many news sources use the service, Chartbeat has abundant data that can be usefully crunched.

Which is precisely what two researchers at the firm did, first using readers’ political views to divide media into those tending to have more liberal readers and those with more conservative ones. The New York Times and the Washington Post are examples of the former; the Wall St. Journal and Forbes, of the latter.

The researchers then studied how many articles organizations in both groups published about a given news event, along with the amount of time their readers spent with the stories.

The Chartbeat analysis suggests that stories were generally covered equally by all the news sources, but that readers of particular political bent seemed to avoid certain stories: those challenging their pre-existent positions.

James Shepperd, a University of Florida professor of psychology, has written about that fact. “Generally,” he says, “people prefer information consistent with their beliefs, views and prior behaviors, and avoid information that’s inconsistent” with them.

That’s true not only in politics. One study of Belgian and Dutch soccer fans found that readers were significantly less interested in news about their favorite team after a loss. Losers tend, in the study’s neological nomenclature, to CORF, or “cut off reflected failure,” while winners prefer to BIRG, or “bask in reflected glory.”

That’s unfortunate. We lose out by not exposing ourselves to points of view diametric to those we currently hold. Whether those points of view end up helping us more finely hone our own different ones, or whether they make us reconsider our assumptions, they are exquisitely valuable.

By CORFing and BIRGing, as we are so often inclined to do, we deny ourselves the ability to truly objectively analyze happenings and topics. There are almost always two sides to any story, and an accurate conclusion can really only be reached by weighing them both.

As a certain ex-president said in his farewell address: “We [have increasingly] become so secure in our bubbles that we start accepting only information, whether true or not, that fits our opinions, instead of basing our opinions on [all] the evidence that is out there.” Perceptive guy.

There are, of course, certainties in life, convictions we rightly embrace without reservation. A committed Jew affirms that Creation has a purpose, and that the goals of his own life are defined by Hashem’s will as communicated through the Torah and its interpreters. Most people  also consider near-certain the consensuses in specific realms of people presumed wiser in those realms, be they doctors, lawyers or tax advisors.

But to proclaim, without examining all sides of a particular controversial policy, action, official or piece of legislation, that we just know without question that it or he or she is good or bad is, in the end, an exercise in overreaching.

And even when we have made our personal analyses and taken positions and made the cases for our opinions, it is always beneficial to have in the backs of our minds – or perhaps even their fronts – a recognition of the fact that, for all our intelligence and best laid logic, we might still … possibly… be… wrong.

That realization is of more than philosophical import. It has a vital and practical ramification in the realm of human interaction, along the lines of Chazal’s statements (Berachos 58a and Bamidbar Rabbah,  21:2) that just as people’s faces are different from one another, so do they see things differently. A quest for truth requires us to perceive those with different views as, well, people with different views, not as illogical, intractable, irredeemable enemies of all that is good and right.

Newsprint, airwaves and cyberspace are saturated these days with precisely that latter sort of demagoguery; our society suffers from a malnourishment of modesty, not only in the realm of dress and mores, but in attitudes and stances as well. There is so little that any of us can truly know; yet so many are so certain of so much.

Trumpeting opinions that haven’t been honestly subjected to the test of different ones does not promote healthy, productive disagreement and discussion; on the contrary, it suffocates them.

© 2017 Hamodia

Reading Between the Hardlines

Mere days after senior Hamas operative Muhammad Hemada Walid al-Quqa blew himself up preparing a bomb, The New York Times noted, in a recent front page story about the Muslim Brotherhood, that “some of [its] offshoots – most notably Hamas – have been tied to attacks.”

“Tied to”?

That phrase would seem to imply some tenuousness or doubt. In reality (which, despite “alternate facts,” still exists), Hamas has been openly attacking and murdering Israeli civilians and soldiers since 1987, demonically celebrating its every “success.”

A study published in 2007 by the Journal of Economic Perspectives, an apolitical academic publication, found that, of the scores of Palestinian suicide bombings that took place from September 2000 through August 2005, 39.9 percent were carried out by Hamas. (The repugnant runner-up was Fatah, at 25.7 percent.) And then there are the rockets that have rained down on Israel from Gaza in more recent years.

As to the Muslim Brotherhood, which, as the paper of record records, hatched Hamas, while it has been trying to present a more pleasant face of late, one of its mottos is more telling: “Jihad is our way; death for the sake of Allah is our wish!”

Several days after The Times referred to the Brotherhood’s spawn as merely “tied to” attacks on Jews, Hamas chose a new leader in Gaza, Yehya Sinwar.

Mr. Sinwar was sentenced decades ago in Israel to four life terms for the murder of Palestinians he suspected of collaboration with Israel. According to Israeli security experts, he also played a pivotal role in the planning and execution of attacks against Israeli soldiers.

The new Hamas leader was also one of the founders of Al Majd (“Glory”), a precursor of Hamas’s military wing, Izz al-Din al-Qassam Brigades.

After serving more than 20 years in jail, Sinwar was released in 2011, one of the 1,000 Arab prisoners exchanged for captured Israeli soldier Gilad Shalit.

The Times, along with many media (the BBC, CNN, the Washington Post, Huffington Post, The Guardian and ABC News, among others) referred to Sinwar as “hardline” or a “hardliner.” While that description isn’t inaccurate (“hardliner” meaning “a person who adheres rigidly to a dogma, theory, or plan”), some other adjective might have been more informative, something, perhaps, like “convicted murderer.”

Interestingly, as it happened, another “hardliner” was in the news, too, last week: David Friedman, President Trump’s designate for ambassador to Israel. That was the word used by many of the very same media noted above to describe Mr. Friedman.

Mr. Friedman has not, to anyone’s knowledge, ordered the murder of anyone, or founded a terrorist group. His hardliner-ness consists of his past skepticism about a two-state solution to the Israel-Arab conflict and various intemperate statements he made about Jews and others who he feels have advocated for Palestinians to the detriment of Israel.

Last Thursday, the Senate Foreign Relations Committee grilled the nominee. In light of some of Mr. Friedman’s earlier statements, I was prepared to be uninspired. But the give-and-take between Mr. Friedman and his Senatorial inquisitors left me, instead, impressed. Deeply so.

Mr. Friedman was composed (even when pro-Palestinian activists obnoxiously interrupted the hearing, shouting slogans – one, righteously blowing a shofar – before being escorted out of the room by security personnel), eloquent, thoughtful, fair-minded and – most impressively – willing, under oath, to publicly and without reservations, renounce the extreme things he had said or written as a private citizen.

“While I maintain profound differences of opinion with some of my critics,” he said, “I regret the use of [harshly insulting] language.”

Asked by New Jersey Senator Cory Booker if he believes, as he had once seemed to say, that former president Obama is in fact an anti-Semite, Mr. Friedman, without hesitation, replied: “Not at all. I don’t believe that for a second.” (Halevai other erstwhile Obama-defamers would own up to their own excesses.)

Pressed repeatedly (and disturbingly – just how many apologies were required?) by various senators to address the issue of his past statements, Mr. Friedman didn’t get upset. Nor did he offer the typical politician’s “non-apology apology.” He stated clearly and forthrightly: “There is no excuse. If you want me to rationalize or justify [the words I used], I cannot. I regret [them].”

Mr. Friedman proudly and convincingly expressed his desire to fortify the American-Israel relationship, and demonstrated that he has no animus for Arabs and wants to see peace between Israel and the Arabs in her midst.

Of course, and unfortunately, many obstacles stand in the way of that goal. Prime among them, his “fellow” hardliner in Gaza and the all-too-many others like him.

© 2017 Hamodia

What the Doctor Ordered

A Dutch doctor who ordered an elderly dementia patient’s family to restrain her as she was given a lethal injection was recently cleared of wrongdoing by a panel that considered the case.

In 2002, the Netherlands became the first country in the world to decriminalize physician-assisted euthanasia. Since then, thousands of Dutch citizens (more than 5000 in 2015 alone) have been helped by doctors to kill themselves. The law requires that the patient’s suffering be “unbearable and untreatable.” In four years, though, the number of mental health patients killed by euthanasia has quadrupled.

According to a report issued by a Regional Review Committee, the unidentified patient, diagnosed with Alzheimer’s disease four years ago, wrote a living will saying she wished to die when the “time was right.”

Her condition deteriorated and her aging husband, unable to care for her, had her admitted to a nursing home, where she told staff members that she wished to die, “but not now.” Although some doctors said she was “gloomy” and “hopeless,” one doctor reported her “cheerful and peaceful.”

The home’s senior doctor asserted the time was right because of a deterioration in the woman’s condition, and the woman’s husband concurred, although the report states that the patient had “never verbally requested euthanasia.”

A sleep-inducing drug was placed in her coffee, but the more than 80-year-old woman resisted the injection intended to kill her. The doctor then asked the relatives of the woman to hold her down while she administered the lethal injection.

“I am convinced that the doctor acted in good faith,” said Jacob Kohnstamm, the committee chairman, although he added that “we would like to see more clarity on how such cases are handled in the future.”

Part of the calculus for achieving that clarity, whether made explicit or not, will be economic considerations. A University of Calgary study recently published in the Canadian Medical Association Journal identified “substantial savings” that Canada, whose doctor-assisted euthanasia law closely resembles the Netherlands’, can reap from its annual health budget by killing willing patients rather than caring for them.

End-of-life care can be long and expensive, the report explains, while euthanasia costs just a few dollars per patient.

Here in the U.S., the Supreme Court ruled in 1997 that there is no Constitutional right to assisted suicide, but that states have the power to allow or prohibit it. To date, five states have passed laws permitting the practice.

Despite the power of states here,  issues pertinent to physician-assisted suicide laws can still wend their way to the nation’s highest court.

In 2006, for example, then-Attorney General John Ashcroft tried to halt physician-assisted suicide in Oregon by contending that prescriptions written for that purpose did not meet the Controlled Substances Act’s requirement of serving a “legitimate medical purpose.”

The High Court ruled that Mr. Ashcroft could not block the law that way, but in a dissent to that ruling, the late, lamented Justice Antonin Scalia asserted that the legitimacy of physician-assisted suicide “ultimately rests, not on ‘science’ or ‘medicine,’ but on a naked value judgment.”

In a speech two years earlier about a different subject, Justice Scalia raised the specter of assisted suicide one day being embraced by the Court. After decrying the Court’s discovery in the Constitution of “a variety of liberties” that “were so little rooted in the traditions of the American people that they were criminal for 200 years,” Mr. Scalia added that his colleagues might be prepared to discover a Constitutional right to assisted suicide, too.

“We’re not [yet] ready to announce that right,” he said, sarcastically. “Check back with us.”

Justice Scalia’s death last year made that facetious comment less humorous. Thankfully, though, the man designated by President Donald Trump to assume Mr. Scalia’s still-vacant seat, Judge Neil M. Gorsuch, has a clear paper trail on the issue, in the form of his 2006 book “The Future of Assisted Suicide and Euthanasia.”

“Human life is fundamentally and inherently valuable,” Mr. Gorsuch wrote, in support of the existing laws in most states barring assisted suicide.

Society’s task, he said, was balancing “the interests of those persons who wish to control the timing of their deaths and those vulnerable individuals whose lives may be taken without their consent due to mistake, abuse or pressure in a regime where assisted suicide is legal.”

In light of cases like the Dutch patient’s, and calculations like those in the University of Calgary study, a perceptive, thoughtful, conscientious mind like Judge Gorsuch’s on the High Court is just what the doctor ordered.

© 2017 Hamodia

Fortunate Fallout?

The fallout of what has most alarmed some about President Trump’s immigration executive order may turn out to be a blessing.

There are certainly reasons to question the order, which restricts immigration from seven countries, suspends refugee-admission for 120 days and bars all Syrian refugees indefinitely—and is, at this writing, halted by a federal court.

There are the humanitarian concerns that have been highlighted by much of the public and many media; and the fact that immigrants from problematic lands are already subject to very strict, multi-layered vetting procedures. And then there is the fact that no Americans have died as a result of terrorist acts in the U.S. by immigrants from any of the seven targeted nations.

What’s more, the blacklist doesn’t include Saudi Arabia, Egypt, the United Arab Emirates and Lebanon – the countries that yielded the 9/11 attackers.

But the most disquieting concern about the executive order was raised by, among others, former CIA Director and U.S. Defense Secretary Leon Panetta.

“We’ve fed ISIS a major argument,” he contended, “that I think will help them in recruiting, and that increases the chances of a potential attack in this country.”

He went on to explain that Islamic State operatives and recruiters will seize upon the president’s targeting of some Muslim-majority countries to make the case that the West is at war with the religion of Islam rather than with the scourge of terrorism, a contention that was strongly rejected by President George W. Bush and President Obama.

That fear of the executive order playing into terrorist hands resonates strongly with many, as it did with me in the days after the order was signed. Ensuing events, though, led me to a very different place.

One doesn’t have to harbor particularly positive feelings about the mass protests that came in the wake of the executive order to recognize their impressive magnitude: Almost immediately after the order’s signing, 10,000 protesters gathered in Manhattan’s Battery Park, another 10,000 in Boston’s Copley Square, thousands more in front of the White House, and many hundreds in major airports and city spaces across the nation.  And protests persist to this writing.

I don’t like large noisy demonstrations, even in support of ideals like human rights. Mobs remind me of, well, other mobs, like those of the past and the present that were or are informed by things other than humanitarianism – things like animus for the West, for Israel, for Jews. They are ugly organisms, amalgams of evil individuals bound together by hatred. Even the innocuous roar of citizens protesting some insult to the environment or new regulation, a sound that occasionally rises 13 floors to my office in lower Manhattan, makes me shiver.

Maybe it’s in my genes, or the residue of some vicarious memory of what my father, hareni kapparas mishkavo, recounted to me about how the Jews in his Polish town in the 1930s had to stay inside and lock their doors as Pesach approached, when groups of marauding churchgoers, spurred by angry sermons they had heard, would move down the streets looking for Jews to attack.

Still and all, aside from the inevitable anarchists and rabble-rousers dedicated to nothing more than anarchy and rabble-rousing, many – I suspect most – of the protesters of the president’s order were people of sincere good will expressing sincere concern for other people, of other religions and nationalities, and for refugees fleeing persecution or war-torn lands.

What I came to realize was that the sight of such mass protests can’t have been entirely lost on the Muslim “street.” There might, in other words, be a silver lining to the immigration order kerfuffle in the vocal opposition (justified or not) it elicited from a broad swath of American citizens.

I imagine an Islamic State recruiter trying to convince a confused Arab or African teenager seeking some “higher” calling to join a terrorist cell targeting Americans. “Trump, that kufr!” Malevolent Mohammed rails at his charge. “He hates ‘the prophet,’ hates Islam!” But the boy has seen images (these days, even dusty desert villages are “on the grid”) of American citizens – the very people he is being urged to murder – standing up for Muslims. It’s got to at least confuse the kid.

Some readers (probably many) will see an overactive imagination here. But there have indeed been Muslim extremists who, exposed to unexpected Western good will, have turned their lives around. Is it irrational to hope that the reaction to the recent presidential order might serve to help others do the same?

Maybe only a few will be impressed, and there will always be bad people. But every ex-terrorist-wannabe counts.

© 2017 Hamodia