Category Archives: Politics

No, Alexandria Ocasio-Cortez Did Not Sin Against The Memory Of The Holocaust

We do no favors to the memory of the Holocaust when, for political  purposes, we unfairly accuse people of dishonoring it.

Whatever one may think of incoming Congresswoman Alexandria Ocasio-Cortez, she did not compare the victims of the Holocaust with the migrants at the southern border.  A piece I wrote on the issue is at the Forward, here.

Ample Room for Optimism

If only people today knew what a telegram was, the old joke about the typical Jewish one reading “Start worrying. Details to follow” would be apropos, at least to the pessimists among us, in the wake of the midterm elections.

Self-proclaimed Nazi Arthur Jones, running as a Republican for a House of Representatives seat in a Chicago area district, lost handily. But he received more than 56,000 votes. Illinois Republican Governor Bruce Rauner had urged district residents to “vote for anybody but Jones” and Texas Senator Ted Cruz advised voters to vote for the Democratic candidate. Still, though, 56,000 Illinoisans liked the Nazi.

And then we have, unfortunately, two successful candidates for Congress: Rashida Tlaib of Detroit and Ilhan Omar of Minneapolis. Ms. Tlaib proved herself so antagonistic to Israel that the left-wing group J Street withdrew its initial endorsement of her bid. And Ms. Omar once tweeted the sentiment that “Israel has hypnotized the world,” and prayed that people “see the evil doings of Israel.”

And the new representative of New York’s 14th Congressional district, Alexandria Ocasio-Cortez, once decried the Israeli military’s killing of Palestinians who were storming the Gaza border fence as a “massacre.” (To her credit, though, the 28-year-old later admitted that she was not an “expert on geopolitics on this issue” and promised that she would “learn and evolve on this issue,” so let’s hope she in fact does.)

Should I mention the reelection of Democratic Representative Danny K. Davis, who once called anti-Semite Louis Farrakhan “an outstanding human being,” and who, before finally issuing a condemnation of the Nation of Islam hater-in-chief’s “views and remarks regarding the Jewish people and the Jewish religion,” had explained that Farrahkan’s views on “the Jewish question” didn’t bother him? Well, I guess I just did. So I may as well add that he won 88% of the vote in Illinois’ 7th Congressional District.

But deserving as those developments might seem to be of a worrisome Jewish telegram, the less excitable among us might take solace in the defeat of the aforementioned Mr. Jones, and the loss likewise suffered by Virginian Leslie Cockburn, whose book “Dangerous Liaison” was described by a New York Times reviewer as “largely dedicated to Israel-bashing for its own sake.”

And in the downfall of Philadelphia area Congressional aspirant Scott Wallace, whose family foundation had donated more than $300,000 to pro-BDS organizations. And of John Fitzgerald, who aimed to represent a California district, and who not only called the Holocaust “a fabricated lie” but claimed the 9/11 attacks were a Jewish plot. (Sobering, though: 43,000 citizens voted for the crazed candidate.)

Further cause for optimism is the fact that, among the flipped Republican seats in the House, fully seven will be occupied (there must be a better word) by Jewish Democrats. And that there will be 28 Jews in the new House, five more than there currently are. And that, in the upper chamber, there will be eight Jewish senators, up from 7.

And that Representative Eliot Engel of New York, whose dedication to Israel’s security is long and unarguable, is set to become the chairman of the important House Foreign Affairs Committee.

Mr. Engel’s counterpart on the Senate committee, Robert Menendez of New Jersey, another unabashed defender of Israel, was reelected too, as was Representative Nita Lowey, another staunch voice for Israel’s needs; and she is positioned to take over the House Appropriations Committee. No less committed to Israel’s security is Senate Minority Leader Chuck Schumer.

What is perhaps the most heartening outcome of the recent races, though, is something that was pointed out by longtime political commentator David Frum. Writing in The Atlantic, he asserted that last Tuesday’s vote “administered enough Democratic disappointment to check the party’s most self-destructive tendencies.”

What he means is that, while concerns about the excesses and insanities on the fringes of the Democratic party are understandable, and despite the presence in Congress of Ms. Tlaib and Ms. Omar, the party’s moderate, traditional base remains strong; and radical Democrats are likely to remain relegated to the sidelines, with little power or influence.

“There is no progressive majority in America,” writes Mr. Frum. “There is no progressive plurality in America. And there certainly is no progressive Electoral College coalition in America.”

Whether or not that will remain the case in the future, none of us can know for certain. But it would certainly be highly premature to send out a “Start worrying” telegram – or an e-mail with that advice in the subject box.

More fitting might be “Keep davening.”  Always appropriate.

© 2018 Hamodia

A Plan Whose Time Hasn’t Come

Executing my duty as a citizen, I once sat on a jury. It was an edifying experience, leaving me to conclude that the jury system, at least in its current form, is utterly absurd.

During out-of-courtroom deliberations in the case – a civil one, in which a man who, it seemed, had burned down his store and was who was suing his insurance company for compensation – a fellow juror opined that the store-owner could have been at his place of business at 3:00 AM, where and when he was found, for entirely legitimate reasons. And that his being discovered, badly burned, unconscious and still holding a gasoline can, may have been pure coincidence. She also confessed to the rest of us her conviction that a famous entertainer, long gone and buried in Memphis, Tennessee, was actually roaming the earth incognito. I am not making that up.

The U.S. Constitution, despite what most people think, doesn’t guarantee a defendant the right to “a jury of his peers,” only to an “impartial” jury. And it is silent about any other juror qualifications, like basic intelligence. But I think a case can be made that a modicum of good judgment is at least implied by “impartial.”

Likewise counter to popular assumption, the Constitution does not mandate an explicit right to vote. A number of constitutional amendments prohibit certain forms of discrimination in establishing who may vote. But voting remains, in the end, a privilege, not an inalienable right like free speech or freedom of worship. That’s why voting can be denied to individuals who have not yet reached a certain age, or who are incarcerated (or even, as in some states, who have been incarcerated in the recent past). And why it could have been, as it was for many years, denied to women and members of various religious groups (ours included).

In contrast, more than 20 countries actually require all citizens to vote. (Please don’t give your local representatives any ideas!)

In the best of all possible worlds, were I king of the forest (as would no doubt be the case), I would require passing a test to qualify for sitting on a jury and in order to vote. The Shafran Voting Exam (SVE) would seek to establish basic comprehension of texts, simple logic and elementary familiarity with important issues and our political system.

Alas, in this yet imperfect world, the SVE wouldn’t stand a chance. Not with the history of “literacy tests” that, for many decades, were utilized expressly to prevent immigrants and blacks from voting.

Like the one selectively administered by Louisiana as late as 1964. It included questions like the following:

“Print the word ‘vote’ upside-down but in the correct order.” (Correct upside-down order?)

“In the space below draw three circles, one inside (engulfed by) the other.” (Three or two?)

“Spell backwards, forwards.” (Wha?)

And a “wrong” answer to any question, the test states, “denotes failure.”

There is much controversy today about alleged “voter repression,” also ostensibly aimed at depriving targeted groups of Americans of the ability to vote. I’m not convinced that the presentation of identification, even photo identification, is an onerous requirement. Nor do I find updating voter rolls – what opponents of the process call “purging” them – in any way objectionable.

To be sure, there is no evidence whatsoever of widespread voter fraud, as has been charged by some. But at the same time, reasonable measures to ensure that voters legally qualify to vote don’t disturb me.

But things like what happened recently in Georgia do.

Jefferson County officials made 40 African-American senior citizens get off a bus taking them from their assisted living facility to a polling place to vote early.

Why? Well, take your pick. Either because one of those who arranged for the bus was the county Democratic Party Chairwoman (although she acted in her capacity as a pastor and made no voting recommendations); or because, as the county administrator explained, “Jefferson County administration felt uncomfortable with allowing senior center patrons to leave the facility in a bus with an unknown third party” (although approval of the bus trip by the facility had been obtained beforehand).

There is, of course, a third possibility, but far be it from us to consider it.

And so, unfortunately, the Shafran Voting Exam must be quashed on arrival. The bigots of years past, and of days present, have ruined it for us all, having given the very idea of earning the privilege to vote the worst of reputations.

© 2018 Hamodia

 

Kentucky Gentlewoman

“When they go low, we go high” was coined by former first lady Michelle Obama at the 2016 Democratic National Convention. She was well acquainted with low-going from her husband’s first campaign for president eight years earlier, when he was accused of being a foreign-born radical; and she, of hating America and planning to sow societal discord.

All she ended up sowing were vegetable seeds in the South Lawn garden (where Mrs. Trump has graciously carried on her predecessor’s tradition of hosting children to help pick ripened veggies).

The motto Mrs. Obama planted in the political garden in 2016, though, during the most negative presidential campaign in recent memory, didn’t bear much fruit. Hillary Clinton lost, and bellicosity in subsequent political campaigns spread like poison ivy.

And not only among Republicans.  The aforementioned Mrs. Clinton recently said that “you cannot be civil” with the Republican Party because it “wants to destroy what you stand for, what you care about.”

And former Attorney General Eric Holder offered his own riff on Mrs. Obama’s credo, suggesting that “When they go low, we kick them.”

Then there was Dallas County Commissioner John Wiley Price, a Democrat, who sent out a mailer with photos of President Trump and Adolf Hitler with an “equals” sign between them.

And so it goes.

Ah, but then we are graced with the likes of Amy McGrath, who is challenging the incumbent, Andy Barr, for Kentucky’s 6th Congressional District seat.

Never mind which candidate is the Democrat (okay, Mrs. McGrath; but she’s happily married to a Republican), or even which is better qualified (no opinion).  Regard only the resplendent fact that the lady has forsworn negative ads.

You read that right.  Despite the fact that her battle is uphill, that her district favored President Trump by 15 percentage points and that Mr. Barr crushed his last Democratic opponent, Mrs. McGrath has refused to attack him or his policies.

“It’s time for a new generation of leaders who aren’t afraid to go against the grain and run a campaign that the voters can be proud of,” she told the Lexington Herald Leader.

“I refuse to win,” she wrote in a social media post “at any cost.”

Mr. Barr, regrettably, has not reciprocated the blow for civility. Although Mrs. McGrath is a former fighter pilot and lieutenant colonel in the Marine Corps and holds moderate positions on all issues, her opponent and his supporters have launched verbal and video salvos at her, at times blatantly misrepresenting what she stands for.

Campaigning for Mr. Barr recently, President Trump declared that Mrs. McGrath is “an extreme liberal chosen by Nancy Pelosi, Maxine Waters and the radical Democratic mob,” and that she “supports a socialist takeover of your health care; she supports open borders; she needs the tax hikes to cover the through-the-roof garbage you want no part of.”

Her response: “Mr. President, you clearly don’t know me. Yet.”

Whether the optimism in that “yet” will prove to have been justified is not knowable. But, examining the candidate’s actual positions on health care, immigration reform and taxes, one sees her first sentence’s point.

Social scientists say that there is little evidence that attack ads yield more votes than informational ones, but campaign strategists and conventional wisdom clearly feel that they do.

Negative ads are certainly noticed. “Voters universally decry negative ads,” says Erika Franklin Fowler, the director of the Wesleyan Media Project, which analyzes political advertising. “But we are biologically attuned to pay more attention to negative information… We remember negativity more.”

Among the “biological attunements,” or natural human inclinations, the Torah warns us against is the acceptance or propagation of negative portrayals of others.  Leaving aside the particular halachic parameters of lashon hara, hotzoas shem ra and rechilus, they are unarguably pernicious things in any context.

And they derive from pernicious places, small-minded hatreds and prejudices. When comparisons of President Trump to Hitler are publicly offered or partisan players gleefully declare “owning the libs” as their highest aspiration, we as an electorate – and a society – have moved from holders of reasoned, if different, views to crazed boxers in a ring, trying to out-bloody one another.

I don’t know which candidate will be the better representative of Kentucky’s 6th Congressional District. Either, I suspect, will probably do a good job. But whoever emerges the victor in that important race – the majority party in the House, of course, is in play – it is heartening that a candidate opted to buck the trend of seeing the debasement of an opponent as a necessary part of the path to success.

Kein yirbu.

© 2018 Hamodia

What’s Not Necessarily in a Name

Unless you happen to live in California’s 50th Congressional district, which encompasses parts of San Diego County and Riverside County in the south of the state, you won’t have to choose between incumbent Republican Congressman Duncan Hunter and his Democratic opponent, Ammar Campa-Najjar.

But if you did reside in that relentlessly sunny part of America, you would probably be somewhat suspicious of Mr. Campa-Najjar, not only because he is only 29 years old but also because he has a Palestinian father and a Mexican mother, lived as a child in Gaza and once attended an Islamic school in San Diego. And if that didn’t dissuade you from pulling the lever for him, there is the fact that his father served as a Palestinian Authority official.

And his grandfather was Muhammad Youssef al-Najjar, a “Black September” terrorist involved in the murder of 11 Israeli athletes at the 1972 Olympic Games in Munich.

Equally disconcerting to some, Mr. Campa-Najjar worked as Deputy Regional Field Director for President Obama’s reelection campaign, and subsequently worked for the Obama White House.

His opponent, Mr. Hunter, has bravely publicized all that, and recently warned in an ad that Mr. Campa-Najjar is working, along with alleged Islamists, to “infiltrate Congress” and so represents a “risk we can’t ignore.” The district’s base is solidly Republican and the incumbent is expected to win.

That, despite the fact that Mr. Hunter and his wife have been indicted by federal prosecutors on charges of wire fraud, falsifying records, campaign finance violations and conspiracy. They allegedly used hundreds of thousands of campaign dollars to pay for things like luxury vacations, fast food, theater tickets, racetrack outings, alcohol and family dentistry bills.

Speaker of the House Paul Ryan was sufficiently upset at the allegations, which he called “deeply serious,” to remove Mr. Hunter from the three House committees on which he sat.

But Mr. Hunter has denied the charges, and the choice between him and Mr. Campa-Najjar would seem a stark one.

Only it’s not. While nuance and fairness have largely left the electoral building, they are not yet entirely expired. So let’s try to revive them for a few paragraphs.

Not that his religion should make any difference, but Mr. Campa-Najjar is a proud Christian, and has described himself as “an apostate” in the eyes of Islam. His father, during his stint in the PA, spoke out in favor of peace with Israel and renounced hatred for Israel; and the candidate himself, who was born 16 years after his infamous grandfather was dispatched by Israel, has denounced his elder and terrorism in the clearest terms.

As to the Middle East, Mr. Campa-Najjar supports Israeli sovereignty and, referring to his family’s fleeing Gaza, asserts that “To achieve peace, Palestinians and Israelis will have to make the same personal choice I’ve had to make: leave the dark past behind so that the future shines brighter through the eyes of our children.”

Mr. Hunter’s insinuations that Mr. Campa-Najjar is a Muslim and a threat to America were dismissed as “absurd and classless” by Nick Singer, the challenger’s (Jewish, as it happens) communication director.

I’m not endorsing any candidate here. Were I a resident of the San Diego suburbs, I would do some real research on the positions of Messrs. Hunter and Campa-Najjar on various issues, and base my voting decision on my judgment about which contender is more in line with my priorities.

But the facts of Mr. Campa-Najjar’s ancestry would not be part of my calculus. There was a time when Orthodox Jews were suspicious, often rightly, about black candidates for public office. But some of our closest and most reliable public service allies today are African-Americans.

To be sure, there are currently Congressional candidates with Middle-Eastern or Islamic backgrounds who seem beholden to anti-Israel constituencies – people like Rashida Tlaib in Michigan or Ilhan Omar in Minnesota. But a sign of political maturity and savvy is rising above generalizations and being able to distinguish among members of various groups.

What’s more, even candidates who may have said wrongheaded things, like Alexandria Ocasio-Cortez, who won the Democratic primary in New York’s 14th congressional district, should not be written off as enemies. Ms. Ocasio-Cortez hastily criticized Israel’s use of force against protesters in Gaza but later admitted that she is “not an expert on Middle East affairs.” and vowed to “learn and evolve” on the issue.

How her evolution will unfold will have to be seen. But being able to learn and evolve on issues – including the judging of candidates solely by their ethnicities – is most certainly a praiseworthy thing.

© Hamodia 2018

First Amendment and Ninth Commandment

Most of us born and raised in this great country, an outpost of galus that offered our immigrant forebears unprecedented freedoms and protections, deeply appreciate not only those gifts but the Constitutional principles on which these United States stand. Among them, the First Amendment’s guarantee of freedom of speech.

The issue of that guarantee’s limits is currently a thing, thanks to one Alex Jones.

Mr. Jones is an extremely popular radio program host and the proprietor of a number of websites, most notably one called Infowars. He traffics in unfounded “reports” of conspiracies and nefarious actions by government and “globalist” agents.

He famously averred that the Sandy Hook school shooting was a hoax, an assertion that resulted in threats against bereaved parents of some of murdered children. He has also propagated the notion that Democratic lawmakers run a global child-trafficking ring, and that the U.S. government was involved in both the 1995 Oklahoma City bombing and the September 11 attacks. He has also claimed that the moon landing footage was fake, and that NASA is hiding secret technology and the deaths of thousands of astronauts.

Mr. Jones is in the news these days because of pending lawsuits by Sandy Hook victims’ parents and others against him, complaints by former staffers of his alleged racist or anti-Semitic behavior and, most recently, because of the removal of his posts and videos from top technology companies’ media platforms.

Enter the First Amendment.

Characterizing the tech companies’ decision to not host his misinformation as “censorship,” he says the move “just vindicates everything we’ve been saying.”

“Now,” he proclaimed in a tweet, “who will stand against Tyranny [sic] and who will stand for free speech? We’re all Alex Jones now.”

No we’re not.

To be sure, distasteful opinions are legally protected in our country. In 1969, the Supreme Court held that even inflammatory rhetoric is protected unless it “is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Revolting as some of Alex Jones’ rants have been, they likely fall on the mutar side of that legal psak. But the rabble-rouser’s lament that, with the curbing of his exposure, the citizenry has been deprived of their last defense against tyranny (upper-cased, no less) is as hollow as the heads of his fans who act on his wild speculations.

In the end, though, no one is preventing Mr. Jones from promoting his untruths (or his products – the diet supplements and survivalist gear he profitably hawks between diatribes) from other rooftops, literal or electronic. The First Amendment limits only the actions of government, not private companies.

Jones, though, is also using the right to free speech as a defense against the lawsuits he’s facing.

One concerns Brennan Gilmore, a former State Department official who attended last summer’s violent “Unite the Right” rally in Charlottesville, Virginia. Mr. Gilmore was present when a man drove his car into a crowd of protesters, killing a woman.

After Mr. Gilmore posted a video of the episode and spoke about it, Mr. Jones accused him of being a C.IA. plant employed by the billionaire George Soros, and as having possibly been involved in the attack on the woman to bring about what he described as “the downfall of Trump.”

In March, Mr. Gilmore sued Mr. Jones for defamation, arguing that he had suffered threats and harassment as a result of the unfounded claim.

Do such public speculations and conspiracy theories merit First Amendment protection, even when they cause harm to others?

In a recent court filing, four law professors specializing in free-speech issues said no.

“False speech does not serve the public interest the way that true speech does,” the scholars wrote. “And indeed, there is no constitutional value in false statements of fact.”

For what it’s worth, Donald Trump Jr. feels differently. He reacted to criticism of Mr. Jones by asserting that “Big Tech’s censorship campaign is really about purging all conservative media. How long before Big Tech and their Democrat friends move to censor and purge… other conservatives [sic] voices from their platforms?”

Judges will decide, at least with regard to American law. As believing Jews, though, we know that there really is no hallowed ideal of “free speech.” The unique ability with which the Creator endowed us, the ability to communicate ideas, is not an “inalienable right” but a formidable responsibility. “From a word of falsehood stay distant” (Shemos 23:7) and “Do not give false testimony against your neighbor” (ibid 20:13) comprise our duty.

Would that American jurisprudence, even as it protects unpopular opinion, recognize the import of that charge.

© 2018 Hamodia

Haley’s Comment

You likely haven’t heard of Bryan Sharpe. He’s a black activist who, in the grand tradition of Louis Farrakhan, has demonized Jews (whom he calls “Jutang Clan,” an unimaginative play on the name of a rap group). “Trump don’t run America,” he tweeted in March. “He’s just a figure head [sic]. Jutang run America.”

For good measure, Mr. Sharpe has explained that “Holocaust denier” is a term “created to hide the truth.” He uses the triple-parentheses favored by white supremacists as a way to denote Jewishness.

“People in power is always (((them))),” in another tweet, for example.

You may also not be familiar with Charlie Kirk. But the 24-year-old is a hero to 130,000 high school students, undergraduates and recent college graduates, who appreciate his quest “to save Western civilization.”

Six years ago, the then-teenaged Mr. Kirk founded a politically conservative group called Turning Point USA, and it has experienced phenomenal success attracting followers. The group holds conferences and operates a website “dedicated to documenting and exposing college professors who discriminate against conservative students, promote anti-American values, and advance leftist propaganda in the classroom.”

Critics have charged that the site has misquoted and mischaracterized comments by academics and, in May, a leaked internal memo written by the more traditionally conservative Young America’s Foundation (YAF) accused Turning Point USA of “lack of integrity, honesty, experience, and judgment,” and bemoaned “the long-term damage TPUSA could inflict on… the conservative Movement.”

But Mr. Kirk has pressed on, and believes his group, whose revenues in 2012 were $78,890, will raise close to $15 million this year.

What do Mr. Sharpe and Mr. Kirk have to do with each other? They certainly make an odd pair. But a pair they have become, with Mr. Kirk’s embrace of Mr. Sharpe, including him in meetings and inviting him to a retreat for “black influencers.”

Although Turning Point USA has not exhibited anti-Semitic sentiments and is resolutely pro-Israel, those positions seem to take second and third places to the desire to attract what its leader imagines to be a potential conservative black membership for his group.

And Mr. Sharpe seems enamored of even the far fringes of the politically conservative world. “Alt right,” he remarked in a February, 2017 video, “isn’t afraid to call out the Jews and their implications in the destruction of the black community in America. It’s just the truth.”

The coddling of Mr. Sharpe by Mr. Kirk is a reminder that, although we tend these days to see animus for Jews mostly on the far left (often poorly disguised as objections to Israeli policies), neither end of the political spectrum is without its haters.

Turning Point USA didn’t respond to media requests for comment about its relationship with Mr. Sharpe, and the latter declined to comment, although he deleted many of his tweets about Jews shortly after being contacted by a news organization.

On July 23, hundreds of students gathered at George Washington University in Washington, D.C., for the conservative group’s fourth annual High School Leadership Summit. The four-day event included workshops on campus activism and student leadership, and featured speeches by prominent conservatives, including Sebastian Gorka and Anthony Scaramucci. Attorney General Jeff Sessions addressed members of the group.

As did U.N. Ambassador Nikki Haley, and what she said to the students was characteristically incisive and impressive.

She asked attendees to raise their hands if they “ever posted anything online to ‘own the libs’ ” – to get the goat, that is, of Americans who don’t agree with them. Most of hands in the audience proudly shot up, and there was much laughter and applause.

But then she closed in to make her point. “I know that it’s fun and that it can feel good,” she says. “But step back and think about what you’re accomplishing when you do this. Are you persuading anyone? Who are you persuading?… But this kind of speech isn’t leadership – it’s the exact opposite.”

“Real leadership,” she continued, “is about persuasion. It’s about movement. It’s bringing people around to your point of view. Not by shouting them down, but by showing them how it is in their best interest to see things the way you do.”

Ms. Haley seems to never disappoint. It isn’t likely that she had any inkling of the group’s leader’s outreach to an anti-Semitic rabble-rouser. She is an open book, and its pages so far have all been inspiring. Her call to, in effect, eschew political machinations and tactics – which would include, presumably, trying to leverage the popularity of a hater in order to gain supporters – was a message one hopes was well heard by all present, including Charlie Kirk.

© 2018 Hamodia

The Writing on the Wall

So many walls these days. The Israeli security one. The one President Trump wants to build along the Mexican border. The “Wall of Steel” erected around London’s Winfield House, where the president spent a night last week. And that older, conceptual wall, the one separating “church” and state – or, put more precisely, religion and government.

Interestingly, the U.S. Constitution nowhere refers to such a construct. It was erected, piecemeal, over the years, its popularization beginning with its use by Thomas Jefferson, in an 1802 letter.

When Justice Anthony Kennedy announced last month that he would be retiring from the Supreme Court, while Chicken Little was apparently unavailable, there was no lack of squawking in some circles over the imminent falling of the sky. The specter of a conservative-leaning High Court left some commentators and legislators aghast.

And they weren’t much mollified by the president’s nomination of Judge Brett Kavanaugh to replace Justice Kennedy, even though the nominee was regarded by some conservatives as not sufficiently on board with their program.

House Minority Leader Nancy Pelosi tweeted that Judge Kavanaugh’s confirmation would prove “a destructive tool on a generation of progress for workers, women… communities of color & families.” Democratic Senator Richard Blumenthal attributed to the nominee, “a very extreme hostility to many of the precious rights and liberties that make our nation great.” And so it went.

But, despite the harsh interrogation Mr. Kavanaugh will face from the Senate Judiciary Committee, and barring a revelation that he tortures small animals in his spare time, the judge is likely to be confirmed as the newest member of the High Court,.

The nominee’s non-fans and fans alike seem focused on what his joining the Court will mean for the 1973 “right to privacy” Roe v. Wade decision, and on his past position regarding presidential privilege. But what might matter most, especially to those of us who hold conservative social and moral positions, will be a Justice Kavanaugh’s approach to the aforementioned wall. There is some evidence that he feels it might stretch too high.

The separation of religion and state was originally binding only on the federal government. After the Civil War, though, the 14th amendment made all states subject to rule by the federal Constitution, opening the way for courts to apply to the states the First Amendment’s prohibition of laws “respecting an establishment of religion, or prohibiting the free exercise thereof.”

That second phrase, the “free exercise” clause, is likely to play a major role in future Supreme Court decisions.

The current High Court has already moved a bit away from seeing that barrier as extending into the stratosphere. It ruled that a closely-held, for-profit religious company should not have to provide its employees with insurance covering services that go against the company owners’ faith. And that a church could access state funds to build a playground. And that members of a Colorado commission had shown “hostility” and “disrespect” for the religious views of a baker who declined to make a wedding cake for a ceremony that offended his religious beliefs.

The likelihood that respect for the beliefs of religious Americans will continue to be a prominent feature of the future High Court is important.

Because, in the contemporary libertine social climate, religious Americans are finding themselves facing litigation aimed at forcing them, in their businesses, and even their private lives, to defer to objectionable societal attitudes. They are discriminated against by ad hoc zoning ordinances wielded by prejudiced people. They are assailed for wanting to educate their children as they see fit, and are called bigots for their sincere beliefs about proper human conduct.

There will continue to be division among Americans over the proper relation of religious convictions to the body politic and the lives of individuals. But a socially conservative-majority Supreme Court, we can reasonably hope, will take religious Americans’ concerns fully into consideration as it deliberates on religious rights cases brought before it.

Thomas Jefferson may have made the concept of a “wall” between religion and government famous, but the metaphor’s earliest use was in 1644, when Roger Williams, the founder of the Colony of Rhode Island and Providence Plantations (which would become the state of Rhode Island) wrote that “[A] hedge or wall of separation between the garden of the church and the wilderness of the world” was necessary to ensure colonists’ freedom of religion.

I think his first mashal is the better one. “Hedge” conjures a less charged image than “wall.”

And hedges, as we all know, need occasional trimming.

© 2018 Hamodia

The Monster on Muslims’ Backs

The third time proved the charm. President Trump’s travel ban received the hechsher of the highest court in the land.

As well it should have.

True, in the years since 9/11, no one in the United States has been killed in a terrorist attack by anyone from the seven countries subject to the president’s executive order (North Korea, Syria, Iran, Yemen, Libya, Somalia and Venezuela). And true, too, that Egypt, Saudi Arabia, and the United Arab Emirates, countries from which the 9/11 attackers hailed, are not on the list. Likewise true, the U.S. already has strong vetting procedures for all immigrants from a host of countries.

But there were three non-fatal attacks by people connected to Iran or Somalia. And the bottom line, as the Court held, is that an American president has the right to decide what countries he feels cannot prevent the export of terrorists.

The key to the legal muster-passing of the travel ban’s third iteration was its devolvement from a “Muslim ban,” which would have branded an entire religion and all its adherents dangerous, to a ban on citizens of specific countries. Adding to the non-Muslim nature of the ban is the fact that the presidential order affects a mere estimated 8.2 percent of the world’s Muslims.

The closeness of the Supreme Court vote was largely due to the question of whether to give weight to the president’s campaign rhetoric about Muslims, which was at times rather harsh.

I’m not inclined to ascribe to President Trump true animus for Islam and Muslims. I suspect that some of his past intemperate words were innocent if inelegant attempts to vilify radical Islamists, those who murder and maim in the name of Islam, who richly deserve opprobrium.

In any event, a majority of the Court felt that the rhetoric, some of which persisted even after the presidential election, was not pertinent to the order before them, which made no mention at all of any religion.

That wasn’t the feeling of four justices. Justice Sonia Sotomayor, in a dissent, notably used President Trump’s inflammatory words about Muslims to underscore what she asserted were the “stark parallels” between the majority opinion and one of the high court’s most shameful moments: Korematsu v. United States, the decision that upheld the rounding up and internment of Japanese Americans during World War II.

That comparison, though, was, to put it politely, bewildering. The Korematsu decision concerned the uprooting of American citizens and their effective incarceration in detention camps. Halting the provision of visas to citizens of other countries isn’t just in a different category, it’s on a different planet.

My first reaction to the decision was satisfaction with the Court majority’s understanding of its role in a case like this: to judge only the order at issue.

My second one, though, was to engage in a bizarre thought experiment. What if the enemy-identifying rhetoric of a president – unimaginable as it would be for the current one – were aimed at Judaism and Jews? What if a (chalilah) President Farrakhan had declared in campaign speeches that “Judaism hates us!” and ordered a ban on Jews – but then, under legal constraints, narrowed it down to a ban on people from Israel, France and the U.K.? And the High Court, asked to rule on the ban, chose to focus exclusively on the new order’s mentioning of only countries, not a people or religion? How would we feel?

Crazy scenario? Surely. Still and all, such wild, discomfiting imaginings are part and parcel of objective critical thinking.

So, though, is recognizing the qualitative difference between that fever dream and the reality today – a difference that makes quite a difference: There are no Jews, much less a Jewish movement, bent on murder and mayhem. And Israel, France and the U.K. are not incubators of terrorism.

The vast majority of Muslims, both here in the U.S. and overseas, are not proponents of violence. But there can be no denying that much terrorism today emerges from the foul belief that Islam requires hatred and killing of “infidels”; no denying that the only religious credo routinely bellowed before attacks on innocents is an Islamic one.

And, unfortunately, the tiny percentage of the nearly 2 billion Muslims who subscribe to a violent theology cannot erase those facts. I feel sympathy, and think we all should, for innocent Muslims who have to live with that ugly monster on their backs, misrepresenting the faith they live daily and peacefully.

The monster, though, is real. And it birthed a travel ban.

© 2018 Hamodia