In this issue

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 Jan. 13, 2006 / 13 Teves, 5766

Alito's open mind offends Dems

By David Limbaugh

Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | Senate Democrats, visibly frustrated over their inability to extract a confession from Judge Samuel Alito that he would definitely vote to overrule Roe vs. Wade, further jeopardizing a woman's "right" to terminate her baby's life, have resorted to abject smear tactics.

Though Alito's record, demeanor and reputation bespeak of an extraordinarily humble, decent, ethical and scholarly man, senators Kennedy, Schumer and Co. have strained to convince us he is an unethical rogue, among other things.

Aside from their pathetic attempts to taint him with the now familiar Vanguard, Concerned Alumni of Princeton and 10-year-old strip-searching red herrings, Alito's circumspection over the abortion question drives them batty. It really frosts them that — in the words of Saint Theodore — "He didn't back away one inch from his (1985) statement that a woman's right to make her own reproductive decision is not protected under the Constitution."

Sen. Chuck Schumer was similarly exasperated, pressing Alito on how he could answer without hesitation that the right to free speech is in the Constitution but demur on whether the "right to choose" is.

But with an equal absence of hesitation, Alito enlightened Schumer that the right to free speech and press, as distinguished from the so-called right to an abortion, were expressly guaranteed in the First Amendment.

This dubious constitutional "right" ultimately owes its genesis to certain nebulous language of Justice William Douglas in the 1965 case of Griswold vs. Connecticut. In Griswold, Douglas divined that "specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy."

It's much harder for me to comprehend Schumer's failure to see a dramatic distinction between the two sets of "rights" — those of expression versus that of abortion — than Judge Alito's recognition of the distinction. If anyone should have registered incredulity in that exchange, it is Judge Alito.

Indeed, it's counterintuitive to categorize a woman's "right" to abortion as flowing from her right to privacy since that formulation ignores the right of the baby, let alone the father. But couching this "right" in terms of privacy allows its proponents to perpetuate the illusion that a woman's decision to terminate innocent life growing inside her is as purely exclusive to her and inconsequential to anyone else as, say, her decision to undergo plastic surgery.

But apart from their angst over Alito's Neanderthal view of the "constitutional right to privacy," the senators seem convinced he is lying in professing he would approach the Roe precedent with an open mind.

They wouldn't hesitate to impose their pro-abortion policy views if sitting on the Court. So they have difficulty believing that justices who are personally pro-life would subordinate their personal preferences and be guided by dispassionate principles of constitutional interpretation.

I think it is entirely believable that Alito could write in 1985, as an executive branch advocate, that Roe should be overturned yet testify in 2006 that as a Supreme Court justice, he would approach abortion cases with an open mind.

The most ardent originalist scholars and judges generally have a deferential respect for Supreme Court precedent. They regard it as a monumental matter to overturn longstanding decisions, even if wrongly decided originally.

Equally significant, those with a restraint-oriented judicial philosophy are naturally predisposed against being predisposed on issues that might come before them. Engrained in them is the idea that the judiciary functions in a passive role. Before ruling on a matter, they await a real "case or controversy" between actual litigants.

It is against their philosophy even to flirt with considering how they might decide any case until it has come before them, they've become informed on the facts and law, and heard the arguments of the advocates.

I have little doubt that Judge Alito is personally against abortion and, as a matter of policy, probably believes it should be illegal, perhaps with certain exceptions. I further believe that he still thinks, like most legal scholars, that Roe was wrongly decided or wrongly reasoned.

But as a strong supporter of Judge Alito, and one who would like to see Roe overturned and the legality of abortion referred back to the several states, I think there's a good chance — but am hardly sure — that Judge Alito would vote to overturn it. I honestly don't think he knows, either, because he has no idea how such a case might eventually come before him.

The only ones who think they know for sure how Judge Alito would rule are the scoundrels interrogating him, as they readily project onto him their own willingness to rewrite the Constitution to conform to their policy agenda. Because of the flaws in their character and principles, they are apparently blinded to the gems in his.

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.

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.


© 2005, Creators Syndicate