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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
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

Unanimous Supreme Court comes at a cost

By George Will




JewishWorldReview.com | Even when Supreme Court decisions are unanimous, the justices can be fiercely divided about fundamental matters, as was demonstrated by two 9?to?0 rulings last week. One overturned a Massachusetts law restricting speech near abortion clinics. The other invalidated recess appointments that President Obama made when the Senate said it was not in recess. In the first, four justices who concurred in the result rejected the majority's reasoning because it minimized the law's constitutional offense. In the second, four justices who concurred with the court's judgment that Obama had exceeded his powers argued that the majority's reasoning validated the Senate's long complicity in practices that augment presidential power by diminishing the Senate's power to advise and consent to presidential nominations.

A provision of Massachusetts's law stipulated 35-foot zones around abortion clinics, from which spaces people wanting to engage in sidewalk counseling — urging women to forgo abortions — would be excluded. Another provision makes it a criminal offense if someone "knowingly obstructs, detains, hinders, impedes or blocks" people approaching abortion clinics; this raises no First Amendment problems. The challenged provision, however, proscribes persuasion in a public place, speech that unwilling listeners can walk away from.

The court unanimously held that the state may not protect women seeking abortions from peaceful attempts to change their minds. But Chief Justice John G. Roberts Jr., practicing judicial minimalism, argued only that the Massachusetts law was unnecessarily broad for protecting public order. Roberts wrote that the buffer zone — a euphemism for a no-speech zone — is "content neutral" because it does not discriminate against a particular point of view. This nonsense may have been necessary for preserving unanimity with the more liberal justices — Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

Justice Antonin Scalia, however, in a concurrence that was 95 percent dissent, called Massachusetts's law "unconstitutional root and branch" because, far from being content-neutral, it pertains only to abortion clinics, it predictably will restrict only people speaking against what the clinics do and it restricts them in places — public sidewalks — where free speech is protected. Justices Anthony M. Kennedy and Clarence Thomas joined Scalia's concurrence, and Justice Samuel A. Alito Jr. wrote a similar one.

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The second 9 to 0 decision rebuked Obama for one of his anti-constitutional excesses. But that foreordained result was less important than the peculiar reasoning that perhaps was necessary to make unanimity possible.

A Washington state business, having received an adverse ruling from the National Labor Relations Board, argued that the board had an illegitimate quorum. Obama had made recess appointments to the board when the Senate was holding (as it has done with the consent of both parties) pro forma meetings — and conducting some business — every three days to establish that it was not in recess.

Obama, with his characteristic constitutional crudeness, is the first president to assert that he can declare the Senate in recess during the three-day sessions, which the Constitution stipulates is the maximum time the Senate can adjourn without the House's consent.

The recess appointments clause says: "The president shall have power to fill up all vacancies that may happen during the recess of the Senate." Note the words "happen" and "the" — the definite article — before "recess." Nevertheless, for much of the nation's life, presidents have been making, without strenuous Senate objections, intra-session as well as inter-session recess appointments to fill vacancies that did not occur during the recess.



The court did not quite rule that tradition validates departures from the Constitution's text. But neither did it say, as it should have, that even long-standing practices should end when they are deemed to conflict with an unambiguous text. Instead, Breyer practiced a perverse form of judicial restraint, decreeing that a recess of less than 10 days is "presumptively" too short for recess appointments. In another dissent-as-concurrence, Scalia, joined by Roberts, Thomas and Alito, noted that Breyer's presumption leaves presidents with much more latitude than the Constitution's text stipulates.

Unanimity is not only spurious, it is injurious when purchased at the price of compromises that suggest disingenuousness. The Constitution's purposes and architecture were sacrificed twice to produce 9 to 0 decisions. One denied the obvious — that Massachusetts's law was written to impede anti-abortion speech. The other flinched from the fact that the recess appointments clause requires judicial enforcement, not Breyer's judicial embroidery to allow the continuation of behavior that both elected branches under both parties have found convenient. Two conservative priorities, defending freedom of speech and curtailing arbitrary exercises of presidential power, were undermined by judicial minimalism — a.k.a. judicial restraint — that conservatives praise more frequently than thoughtfully.

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