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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

Another controversial Bush-era policy survives legal challenge

By Warren Richey




Supreme Court upholds anti-terrorism program, civil libertarians be damned


http://www.JewishWorldReview.com | (TCSM) The US Supreme Court on Tuesday ruled that a group of lawyers, journalists, and human rights researchers lack the necessary legal standing to challenge the constitutionality of a 2008 counterterrorism law authorizing the US government to intercept and analyze massive amounts of telecommunications transmissions.

In a 5-to-4 decision, the high court said that the individuals were relying on speculation and fear of possible surveillance under the US program and were unable to demonstrate that they faced an actual or imminent injury.

Under Supreme Court case law, legal standing is established if a party suffers an injury that must be "concrete, particularized, and actual or imminent; fairly traceable to the challenge action; and redressable by a favorable ruling."


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"Respondents' speculative chain of possibilities does not establish that injury based on potential future surveillance is certainly impending or is fairly traceable to [the federal statute authorizing the surveillance]," Justice Samuel Alito wrote for the majority justices.

In a dissent, Justice Stephen Breyer took issue with the majority's use of the words "certainly impending."

"We need only assume that the government is doing its job (to find out about, and combat, terrorism) in order to conclude that there is a high probability that the government will intercept at least some electronic communications to which at least some of the plaintiffs are parties," Justice Breyer wrote.

The decision blocking the lawsuit drew immediate criticism.

Peter Godwin, president of the PEN American Center, called the opinion "a Kafkaesque holding that puts writers, journalists, human rights workers on notice that the US government can look over their shoulders anywhere in the world and there is nothing they can do about it."

"This ruling insulates the statute from meaningful judicial review and leaves Americans' privacy rights to the mercy of the political branches," said Jameel Jaffer, deputy legal director of the American Civil Liberties Union, who argued the case in October.

The decision stems from a constitutional challenge to a 2008 amendment to the Foreign Intelligence Surveillance Act.

The lawsuit was filed by the ACLU on behalf of various groups and individuals — including four lawyers, human rights workers with Amnesty International and Human Rights Watch, and two journalists working for The Nation magazine.

The plaintiffs said the law insulates the government's surveillance activities from meaningful judicial review.

The 2008 surveillance law is intended to enable the US government to detect and track the messages of would-be terrorists. Critics say it is overly broad and sweeps in private communications of Americans who may be in contact with potential targets of US surveillance.

These critics contend that the law is unconstitutional because it bypasses the long-established requirement that the government demonstrate to a neutral judge that there is probable cause to justify the surveillance of a particular individual. That justification must be presented before the government can start collecting intelligence.

In contrast, the new foreign-surveillance law allows the government to intercept and store substantial volumes of communications information — including communications involving US citizens — without an individualized warrant.

Officials must pledge that the target of the intelligence gathering is a foreign person and that it will attempt to minimize any incidental information collected about Americans.

The judicial oversight of this process involves review of the protective procedures, rather than review of the government's actual surveillance of individuals.

The group of lawyers, journalists, and human rights workers sought to have the law declared unconstitutional. They argued that their work put them in frequent contact with individuals likely to be targeted for electronic surveillance.

To counteract that threatened invasion of their private communications, they began traveling overseas to conduct face-to-face meetings rather than risk having their communications intercepted by the US government.

A federal judge threw the case out, ruling that the lawyers, journalists and human rights workers lacked the necessary standing to bring the lawsuit. The group, the judge said, could not demonstrate that they have suffered actual harm because it is not clear that they were ever subject to surveillance and it is merely speculative that they might be subject to it in the future.

On appeal, a panel of the Second Circuit Court of Appeals in New York reversed, ruling that members of the group had suffered a concrete injury because of the extra international travel they had undertaken in an attempt to avoid US surveillance of their telephone and Internet communications.

In reversing that decision, the high court said the appeals court erred in considering the extra costs and burdens sustained by the individuals in trying to shield their own communications from surveillance.

To allow legal standing based on a party's fear of possible government action would water down the fundamental requirements of who is entitled to litigate an issue in federal court. "Respondents cannot manufacture standing merely by inflicting harm on themselves based on their fears of hypothetical future harm that is not certainly impending," Justice Alito wrote.

Alito was joined in the majority by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas.

Breyer's dissent was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.

The case was James Clapper, Director of National Intelligence v. Amnesty International (11-1025).

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© 2013, The Christian Science Monitor

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