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Feb. 8, 2013

Rabbi Berel Wein: Lofty ideals must be followed with grounded applications

Clifford D. May: Letter from the West Bank
Steve Rothaus: Judge OKs plan for gay man, lesbian couple to be on girl's birth certificate
Gloria Goodale: States consider drone bans: Overreaction or crucial for privacy rights?
Environmental Nutrition Editors: Don't buy the aloe vera juice hype
Michael Craig Miller, M.D.: Harvard Experts: Regular exercise pumps up memory, too
Erik Lacitis: Vanity plates: Some take too much license
The Kosher Gourmet by Susie Middleton: Broccoflower, Carrot and Leek Ragout with Thyme, Orange and Tapenade is a delightful and satisfying melange of veggies, herbs and aromatics
Feb. 6, 2013

Nara Schoenberg: The other in-law problem

Frank J. Gaffney Jr. : A see-no-jihadist for the CIA
Kristen Chick: Ahmadinejad visits Cairo: How sect tempers Islamist ties between Egypt, Iran
Roger Simon: Ed Koch's lucky corner
Heron Marquez Estrada: Robot-building sports on a roll
Patrick G. Dean, M.D.: Mayo Clinic Medical Edge: How to restore body's ability to secrete insulin
Sharon Palmer, R.D.: 3 prostate-protecting diet tips
The Kosher Gourmet by Emma Christensen 7 principles for to help you make the best soup ever in a slow cooker
Feb. 4, 2013

Jonathan Tobin: Can Jewish Groups Speak Out on Hagel?

David Wren: Findings of government study, released 3 days before Newtown shooting, at odds with gun-control crusaders
Kristen Chick: Tahrir becomes terrifying, tainted
Curtis Tate and Greg Gordon: US keeps building new highways while letting old ones crumble
David G. Savage: Supreme Court to hear case on arrests, DNA
Harvard Health Letters: Neck and shoulder pain? Know what it means and what to do
Andrea N. Giancoli, M.P.H., R.D.: Eat your way to preventing age-related muscle loss
The Kosher Gourmet by Diane Rossen Worthington Baked Pears in Red Wine and Port Wine Glaze: A festive winter dessert
Feb. 1, 2013

Rabbi Dr. Tzvi Hersh Weinreb: Redemption

Clifford D. May Home, bloody, home
Christa Case Bryant andNicholas Blanford Why despite Syria's allies warning of retaliation for Israeli airstrikes, the threats are likely hollow
Rick Armon, Ed Meyer and Phil Trexler Ex-police captain cleared by DNA test is freed after nearly 15 years
Harvard Health Letters: Could it by your thyroid?
Sharon Palmer, R.D.: When 'healthy food' isn't
Sue Zeidler: Coke ad racist? Arab-American groups want to yank Super Bowl ad (INCLUDES VIDEO)
The Kosher Gourmet by Nealey Dozier The secret of this soup is the garnish
January 30, 2013

Allan Chernoff: Celebrating 'Back from the Dead Day'

America isn't a religious country? Don't tell Superbowl fans!
Mark Clayton Cybercrime takedown!
Germany remembers Hitler rise to power
Israel salutes U. N. --- with the one finger salute
Sharon Palmer, R.D.: Get cookin' with heart-healthy fats
Ballot riles Guinness World Records
The Kosher Gourmet by Elizabeth Passarella Potato, Squash and Goat Cheese Gratin
January 28, 2013

Nancy Youssef: And Democracy for all? Two years on, Egypt remains in state of chaos

Fred Weir: Putin: West is fomenting jihadi 'blowback'
Meredith Cohn: Implantable pain disk may help those with cancer
Michael Craig Miller, M.D. : Ask the Harvard Experts: Are there drugs to help control binge eating?
David Ovalle Use of controversial 'brain mapping' technology stymied
Jane Stancill: Professor's logic class has 180,000 friends
David Clark Scott Lego Racism?
The Kosher Gourmet by Mario Batali The celebrated chef introduces us to PANZEROTTI PUGLIESI, cheese-stuffed pastry from Italy's south


Jewish World Review July 5, 2012/ 15 Tamuz, 5772

Supreme Court hypocrisies

By Victor Davis Hanson


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http://www.JewishWorldReview.com | Until last week, Chief Justice John Roberts was vilified as the leader of a conservative judicial cabal poised to destroy the Obama presidency by overturning the federal takeover of health care. But with his unexpected affirmation, Roberts suddenly was lauded as the new Earl Warren -- an "evolving" conservative who at last saw the logic of liberal big government.

Among our elites -- journalists, pundits and academics -- liberal Supreme Court justices are always deemed "open-minded," even as they are expected to vote in absolute lockstep liberal fashion. In contrast, a conservative justice is written off as reactionary or blatantly partisan when he likewise predictably follows his own orthodoxy -- pressures that may well have affected Roberts if reports of an 11th-hour switch in his vote are true.

No surprise, then, that a surreal discussion followed the recent ruling of the high court. Our legal establishment expected that the four liberal judges would not deviate one iota in their affirmation of the health-care law, even as it hoped that a conservative or two would show judicial character by joining the liberals.

Democrats like activist federal courts to overturn -- in matters of gay marriage, abortion, affirmative action and illegal immigration -- ballot propositions and majority votes of legislatures fostered by supposedly illiberal and unsophisticated voters. But on health care, liberals -- led by the president -- made the argument that a wrongly activist Supreme Court should not dare to tamper with what an elected Congress had wrought.

President Obama was incoherent in his commentary on the Supreme Court. Before the Roberts ruling, when most were betting that the president's health-care plan would be overturned -- especially given the poor performance of Solicitor General Donald Verrilli in arguing the government's case before the court -- Obama was angry at the thought of such judicial activism. In a manner that did not reflect much knowledge of either the Constitution or the history of the republic, he thundered, "Ultimately, I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."

Of course, the Supreme Court's overturning of a law is not extraordinary or unprecedented. And the president's bill did not pass by a "strong majority," but barely squeaked through the House by seven votes. What was "unprecedented" was a presidential shot across the bow of the Supreme Court on the eve of a critical decision -- especially given the fact that Obama would soon welcome the court's activism in overturning most of a duly-passed Arizona immigration law that sought to enforce federal statutes.

To get the health-care bill passed in the first place, the Obama administration swore that it was a mandate and not a tax raise, which would have contradicted his campaign pledge not to hike taxes on the middle class. Yet Verrilli worried that a mandate would be declared unconstitutional, so he argued in the chambers of the court that it was a tax -- and a majority of justices agreed.

But then the Obama administration flipped again at the thought of raising taxes on the middle class and is now calling the mandate/tax a "penalty" -- thanking the court for its wisdom while rebuking the means by which it came to it.

Conservatives have come to distrust federal courts that overturn legislative majorities. But this time, conservatives hoped that the Roberts Supreme Court would overturn Obamacare rather than the less likely scenario of a Republican president and a congressional majority in both houses doing it sometime in the future. In short, there is no consistent thing such as judicial activism or restraint -- only court rulings that support a favored political agenda and then are scorned as activist or lauded as enlightened by the particular involved parties.

A big reason for all the hypocrisies and paradoxes is that the 2,409-page health care act is a mess. Even its creators cannot agree whether it involves a mandate, tax or penalty. The public doesn't like or want it -- at least the parts it must soon pay for. It was passed only on a strictly partisan vote and under shady means (remember the "Cornhusker Kickback"). Hundreds of friends of influential Democratic politicians have already had their companies exempted from what was sold as a wonderful change. The country is nearly insolvent and $16 trillion in debt, and yet poised to take on the largest social-entitlement program in a half-century.

This mess is only the beginning, since we won't even feel the full effect (or cost) of the law for another two years. But we should assume that what starts out this badly will end even more badly.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Victor Davis Hanson, a classicist and military historian, is a senior fellow at the Hoover Institution and a recipient of the 2007 National Humanities Medal. Comment by clicking here.


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