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. 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Jewish World Review Sept. 19, 2005 / 15 Elul, 5765 Make them answer By Jeff Jacoby http://www.JewishWorldReview.com | It was Day Three of the John Roberts confirmation hearings, and Senator Joseph Biden, frustrated at his inability to draw out the Supreme Court nominee on a host of legal issues, was nearing the end of his allotted 20 minutes. "Look, it's kind of interesting, this Kabuki dance we have in these hearings here," he vented, "as if the public doesn't have a right to know what you think about fundamental issues facing them. There's no . . . possibility that any one of us here would be elected to the United States Senate without expressing broadly and sometimes specifically to our public what it is we believe." Surely, Biden continued, this wasn't what the Founders had intended. Had they said, "Look, here's what we're going to do: We're going to require the two elected branches to answer questions of the public with no presumption they should have the job as senator, president, or congressman. But guess what? We're going to have a third co-equal branch of government that gets to be there for life. . . . And you know what? He doesn't have to tell us anything. It's OK, as long as he is' — as you are — 'a decent, bright, honorable man. That's all we need to know." Roberts's answer was predictable. "Judges don't stand for election," he primly told Biden. "Judges go on the bench and they apply and decide cases according to the judicial process, not on the basis of promises made earlier to get elected or . . . to get confirmed. That's inconsistent with the independence and integrity of the Supreme Court." Well, yes. Judicial nominees can't campaign for confirmation by guaranteeing outcomes in specific cases. In that sense, of course Roberts was right. But was Biden wrong? After all, our democratic republic is founded on the principle that those who govern must be accountable to the governed. Where is that accountability when it comes to the Supreme Court? I will stipulate that Biden's demand for Roberts to be more forthcoming was not motivated by any deeply held principle. Like other Democrats, he had no objection when President Clinton's Supreme Court nominees declined to answer questions. Indeed, when Ruth Bader Ginsburg came before the committee in 1993, then-Chairman Biden emphasized that she had a right not to answer questions on any issue that might at some point come before the court. He was wrong. Ginsburg should have been made to answer relevant questions. Roberts should have been made to do so as well. As chief justice, Roberts is likely to have more of an impact on American law and life than any of the senators voting on his nomination. From the power of presidents to hold terror suspects indefinitely to the power of Congress to override state law, from the execution of murderers to the recognition of same-sex marriage, from affirmative action to abortion, Roberts and his fellow justices will shape national policy for years to come. Their decisions will be binding not only on the litigants before them, but also, by longstanding tradition, on the other branches of government. There is no appeal from a Supreme Court ruling. When the court strikes down federal and state laws, federal and state lawmakers must accept its decisions. There is little in the Constitution to check and balance such immense authority. All that can keep the court answerable in some way to the electorate is the fact that the political branches give them their jobs — the president appoints federal judges; the Senate confirms them. While delinquent judges can be impeached and removed, there hasn't been a Supreme Court impeachment in 200 years. So the modest leverage of the nomination process is all we've got to remind the justices that they are public servants who must answer, however indirectly, to the people, not philosopher-kings to whom the people must bow. But if nominees are permitted to keep their views to themselves, how can the people decide whether they want them on the bench? For all the recent talk about the importance of judicial "modesty," Supreme Court justices have been anything but modest in imposing their views on society. Shouldn't we know what those views are before investing them with such power? Obviously nominees shouldn't be expected to discuss the merits of pending or likely cases. And obviously they shouldn't promise to uphold or overrule past decisions. But no one should get a lifetime appointment to what has become, in effect, an American superlegislature without shedding some light on how he would "legislate." It is not enough for a nominee to say, as Roberts said last week, that precedents should not be lightly overturned, or that judges should be like umpires. Those are platitudes. But whether Roe v. Wade was rightly or wrongly decided and why — whether racial preferences are consistent with the 14th Amendment's guarantee of equal protection — whether the Supreme Court should look to other countries' laws when interpreting the Constitution — those are fair but pointed questions to which a Supreme Court nominee should be required to give nonevasive answers. Actually, Roberts did give a clear answer to one of those questions: "I don't think it's a good approach," he said about the use of foreign law as precedent — in part because with "foreign law, you can find anything you want. If you don't find it in the decisions of France or Italy, it's in the decisions of Somalia or Japan or Indonesia or wherever." Let the record show: The heavens didn't topple when Roberts answered that question. Chances are, they would have stayed up if he had been made — as all Supreme Court nominees should be made — to answer other questions, too. 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. Jeff Jacoby is a Boston Globe columnist. Comment by clicking here. Jeff Jacoby Archives © 2005, Boston Globe

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