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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
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
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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)
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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?
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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
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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
March 2, 2007
/ 12 Adar, 5767
High Court and low politics, Part IV
By
Thomas Sowell
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http://www.JewishWorldReview.com |
One of the sad aspects of studying history is discovering how often petty considerations influenced the direction of momentous events. That is one of the painful aspects of reading about the Supreme Court in "Supreme Conflict" by Jan Crawford Greenburg.
That insightful book reveals the struggles among politicians over the choosing and confirmation of Supreme Court nominees and the struggles within the High Court itself over the difficult and divisive issues that come before it.
Perhaps the saddest thing in the book, though mentioned only in passing, is that some "highly qualified" potential nominees for the Supreme Court "had not wanted their names considered" because the Senate confirmation process had become "too bitter and too vitriolic" and "they just didn't want any part of it."
The momentous and lasting repercussions of Supreme Court decisions mean that people of the highest caliber and character are needed on that court. There are too few who are "highly qualified" to lose any of them.
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The ugly and cheap circus atmosphere of Senate confirmation hearings is just one of the factors which cause top notch people not to be nominated, while others who are little more than warm bodies are seated on the highest court in the land.
According to "Supreme Conflict," Circuit Court Judge Laurence Silberman was passed over as "too controversial" for a Supreme Court nomination, in favor of David Souter, who was the closest thing to a blank slate that any human being could be.
Judge Silberman would have been one of the great Supreme Court justices of the age, while Souter has been one of the worst. The difference was momentous and disastrous for the whole future of American law, especially in a court with so many 5 to 4 decisions.
The quota mentality has been another factor filtering out the best in favor of the politically expedient. Even presidents who attack racial or sex quotas succumb to the quota mentality themselves. That is how Ronald Reagan made his worst appointment, Sandra Day O'Connor, who used rhetoric as a substitute for logic.
That is how George W. Bush nominated Harriet Miers, whose inadequate knowledge of Constitutional law became so painfully obvious during preliminary discussions with Senators that even Republican supporters of the president, inside and outside the Senate, urgently appealed to him to withdraw her nomination.
Now the next big push for a quota nomination is for the first Hispanic to be put on the Supreme Court.
Attorney General Alberto Gonzales would probably be an improvement over some perhaps most of those currently serving on the High Court. But he should be nominated only if he is the best person available of any race, color, creed or national origin.
The Supreme Court does not exist for feel-good photo ops. The difference between the best and the second best can be momentous in the lasting consequences of Supreme Court decisions.
Some of the most disheartening glimpses inside the Supreme Court in "Supreme Conflict" are of the petty considerations that influence how some justices decide issues of historic consequence.
Not only Justice Anthony Kennedy's flip-flops on Constitutional issues but also his expressed concern over what public reaction would be to the Supreme Court's decisions betray someone who cannot keep his eye on the ball, even when it is the biggest ball around.
Justice Kennedy's fascination with foreign law as a basis for decisions about American law suggests a disregard for the Pandora's Box that this opens. It might also suggest someone overly impressed with being part of the worldwide legal Olympians who need to impose from on high the way the rest of us should live, regardless of what the Constitution of the United States says.
Justice Sandra Day O'Connor's over-sensitive reactions to criticisms of her decisions by dissenting justices whether William Brennan on the left or Antonin Scalia on the right also comes out in "Supreme Conflict."
Even after her retirement, Justice O'Connor refused to deal with the substance of Justice Scalia's criticisms, on grounds that he apparently did not express them nicely enough for her taste. Whether those criticisms were valid seems not to have been her concern.
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© 2006, Creators Syndicate
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