February 10, 2012 Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet Caroline B. Glick: The Peace Process is over. Finally 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 Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE February 9, 2012 Jeff Strickler: An argument a day keeps the divorce away, they say Clifford D. May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot 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 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm 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 David Francis: How to Avoid an IRS Audit The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste February 6, 2012 Scott Peterson: Iran's top ayatollah: We're trumping the West 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 Philip Moeller: Where Smart Investors Put Their Money Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard? The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious February 3, 2012 Rabbi Dr. Warren Goldstein: Living with ideals --- in reality Caroline B. Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry 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 Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up January 31, 2012 Paul Greenberg: Separation of Church and State works two ways Caroline B. Glick: Hamas and the Washington establishment Frank J. 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May: How terrorists lose their stigma Suzanne Bohan: Vanquishing social anxieties without drugs Lisa Fernandez and Sean Webby: In alternative lifestyle, domestic violence means men as victims and women being abusers Danielle Kurtzleben: The 10 Best Cities for Finding a Job The Kosher Gourmet by Diane Rossen Worthington: Three bean soup with gremolata January 18, 2012 Edward I. Koch: Why the Crocodile Tears, Hillary? David G. Savage: Supreme Court to Principals: You have been warned George Friedman of Stratfor: Iran, the U.S. and the Strait of Hormuz Crisis Jason Koebler: 'Holy Grail' of Flu Vaccines by Next Year Alex M. Parker: The Off-the-Radar Congressional Targets of 2012 The Kosher Gourmet by Susan Russo: Got soft apples? Make Apple-Maple Walnut Breakfast Quinoa 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. 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Cloud: In secret study, CIA and 15 other U.S. intelligence agencies warn Obama against leaving Afghanistan too soon John Fauber : Statins found to raise diabetes risk in postmenopausal women Katy Hopkins : Consider This Before You Pay for an Online Degree Menachem Wecker : 4 Technology Must Haves for Online Students 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 Rachel Koning Beals: Should You Invest in Bond Funds or Individual Issues? The Kosher Gourmet by Faith Durand : Colorful Lentil Salad with Walnuts and Herbs 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 Paul Bedard: Study: Is Fox Too Balanced? Rachel Koning Beals: Is it Time to Move into Homebuilder Stocks? The Kosher Gourmet by Carolyn Malcoun: Brothy Chinese Noodles Half the Sodium (and More Than Twice the Fiber!) January 9, 2012 Caroline B. 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Jewish World Review July 26, 2005 / 19 Tammuz, 5765 Let Judge Roberts answer the questions By David Limbaugh http://www.JewishWorldReview.com | I may be going against the conservative grain here, but I am not as bothered by the prospect of questions from Senate Judiciary Committee members seeking to determine how John Roberts' judicial philosophy might guide him in considering certain specific questions of constitutional law, including abortion. I certainly agree that judicial nominees should not telegraph how they intend to vote on a particular case that is either before or on its way to the Court, but I think both sides have used this more as an excuse to shield their respective nominees. There are limited other ways to determine a nominee's judicial philosophy: anecdotal evidence, written opinions or briefs, and scholarly legal writings. Where Judge Roberts is concerned, there is a dearth of available information in most of these areas. Even in the case of a judge who has authored a voluminous library of opinions, we may not glean all we need to know about his judicial philosophy specific to the Supreme Court in that, by definition, he will not yet have served on the high court. Judge Roberts, as fate would have it, has expressed his opinion that Roe v. Wade was wrongly decided, but he did so, as but one member of an appellate advocacy team in the process of zealously representing a client. To further cloud the issue, he told senators during his 2003 confirmation hearing that Roe was "the settled law of the land" and "there's nothing in my personal views that would prevent me from fully and faithfully applying that precedent." Given that he was being considered for a position on a lower court, not the Supreme Court, all we can infer from his statement is that he was simply reciting the truism that even originalist judges on lower courts are honor bound to follow Supreme Court precedent. It doesn't tell us whether he believes the Supreme Court is also hamstrung by its own "settled" precedent in Roe. Thus, I think it's appropriate for senators to inquire into the nominee's general judicial philosophy, such as the Court's proper role in the constitutional separation of powers framework, and his views on specific constitutional provisions and issues. To me, there is nothing wrong with asking Judge Roberts, "Do you believe the Court should see itself as result-oriented: establishing rights and remedies to address perceived wrongs, even if there is no reasonable constitutional authority to do so? Or do you believe, as you seemed to reveal in the now famous French fry case, that the judiciary should be passive and that no matter how great the perceived injustice the Court must not intervene to correct it in the absence of a sound constitutional basis for doing so?" And, I think it's even proper for the follow-up questions to penetrate with greater specificity, such as asking whether the Court has overstepped its bounds in particular areas, like abortion, the Commerce Clause and the incorporation doctrine (making federal constitutional rights applicable to the states through the 14th Amendment's Due Process Clause). I realize that we're treading on delicate ground here. These issues, if not presently before the Court, inevitably will be in one form or another in the near future, and we don't want judges or judges in waiting to prejudge specific cases. But I would err on the side of trying to discover a nominee's judicial philosophy, being careful not to have him opine on specific cases. After all, revealing a nominee's philosophy regarding these issues does not necessarily answer, conclusively, how he would rule in the context of a specific case before him, considering the many variables that might be involved. I think we must try to find out in advance whether Supreme Court nominees believe they will sit as part of a superlegislature or as a passive, albeit usually final, arbiter. I personally believe Judge Roberts is a political and ideological conservative. (His stated opinion that the Rehnquist Court has not been completely conservative would not likely have been uttered by a political liberal.) I'm also convinced he is a rigorously strict constructionist, believing the Court should interpret law according to its textual and otherwise reasonably ascertainable meaning. I'm not sure to what extent he is an originalist, since he seemed to indicate his judicial philosophy cannot be neatly categorized, but I would bet that he'll try to defer to the Framers' original intent when possible. I further suspect Roberts has a healthy reverence for the doctrine of stare decisis and that even the Supreme Court must give great weight to its own "established" precedent. It seems to me that stare decisis and strict constructionism may well be on a collision course in many of the controversial constitutional areas likely soon to be revisited by the Court: abortion, same-sex marriage, Commerce Clause, Due Process incorporation issues, and the Tenth Amendment, to name a few. I'm all for finding out what Roberts thinks about these competing forces in constitutional law and where he might come down on them — apart from the context of actual cases. Conservatives, who occupy the high ground on the issue of the proper constitutional role of judges, should want to have this fight out in the open. But alas I seriously doubt we'll find much out about these things until Judge Roberts is confirmed, which I believe he will be, and begins voting and delivering his written opinions. 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. Archives © 2005, Creators Syndicate

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