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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
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Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
July 26, 2005
/19 Tammuz, 5765
Roberts' foes unwise to bet the bank
By
Peter A. Brown
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http://www.JewishWorldReview.com |
Once those trying to stop John Roberts' Supreme Court nomination finish their initial ranting and raving, they must decide whether to bet their bank or just make a lot of noise.
Smart money says they'll conclude discretion is the better part of valor.
If they go all out and lose, it is much less likely they can successfully derail President Bush's future nominees, and he will probably have at least one chance to pick additional Supreme Court justices.
On the other hand, there is no guarantee that if they hold back their venom and husband their resources to fight another day, that they will like Bush's next choice any better, or have any greater chance of preventing confirmation.
Make no mistake about it: Roberts was high on the list of candidates Democrats and their allied interest group feared. He is much too conservative for their taste and lacks a record of judicial intemperance or an outrageous paper trail of past writings that make him easy to caricature as an extremist.
Since he was unanimously approved for his appeals court seat by the Senate two years ago, opponents will have to argue that he has done something in the interim to change their minds.
Roberts fits Bush's model of a judge who does not believe courts should create rights or require government spending that Congress has not seen fit to legislate. Moreover, at age 50, he could remain on the bench for 25 or 30 years.
Even if the political worm turns, and the Democrats regain control, they remember what happened to Franklin Roosevelt when a Supreme Court appointed by Republican presidents tossed out many of FDR's pet programs.
Yet, the risks of going all out against Roberts and losing are substantial.
In retrospect, this spring's deal that allowed confirmation of most of Bush's appeals court nominees created key dynamics for this fight.
As part of that agreement, Republicans agreed not to change the rules that allow 41 senators to filibuster a nominee. But, enough Democrats agreed not to filibuster future nominees to make such tactics unsustainable. The caveat was that in the case of nominees considered by the Democrats to be extremists, all bets were off on both sides.
The choice now for Democratic leaders, and their interest-group allies such as People for the American Way and MoveOn.org, then, is whether to go the filibuster route and make the case Roberts is an extremist.
Absent unexpected revelations, Roberts seems almost sure to get virtually all of the 55 Republican senators, which is enough for confirmation.
And some of the more moderate Democrats have indicated they don't initially see Roberts fitting their definition of an extremist.
If the anti-Roberts folks want to go all out, spend the millions they have raised and try to sustain a filibuster, they need most of the seven Democrats who worked out the appeals-court compromise to agree Roberts is extreme enough to break their word.
But, even if all the Democrats were to support a filibuster, then the Republicans just need to get 50 of their own members to change the rules to prevent filibusters of judicial nominees a controversial step no one on either side of the aisle wants.
At first blush, a Democratic effort to filibuster Roberts seems unlikely to attract enough GOP support to allow a talkathon. Democratic leaders would have to convince all their members plus enough Republicans that Roberts is an extremist, and early indications from some moderates were that would be a tough sell.
Should the anti-Roberts folks push for a filibuster and fail, they lose big time because the rules change would stand. Bush would then know for sure that he only needs 50 votes in the Senate (plus Vice President Dick Cheney) to confirm any future Supreme Court nominees.
With Chief Justice William Rehnquist battling cancer at age 80, the two leading liberals on the court John Paul Stevens, 85, and Ruth Bader Ginsburg, 72, and swing vote Anthony Kennedy, 69, that might be a risk the Teddy Kennedys of this world would not wish to take.
Moreover, if the anti-Roberts folks spend the many millions they have squirreled away for a full-bore effort, then they would have to raise more all over again for any future fights. That's not to even mention the difficulty of trying to convince the American public that they weren't just crying wolf again.
Although the hearings on Roberts' nomination, not to mention any votes, are more than a month away, his opponents face a strategic decision that logic argues should be made quickly: Reject total political warfare.
Of course, that would require the anti-Roberts folk to forsake their parochial motivations of raising additional money (the interest groups) or boosting their candidacies for higher office (most senators).
Ain't politics grand!
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.
Peter A. Brown is an editorial page columnist for the Orlando Sentinel. Comment by clicking here.
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