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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 July 15, 2009 / 23 Tamuz 5769

The sky isn't falling, just rights

By Jonathan Gurwitz




http://www.JewishWorldReview.com | Republicans and Democrats alike regularly claim that if the other party's presidential candidate wins, a national calamity will ensue. Call it the Chicken Little strategy. And despite the dire predictions of both parties, the sky never entirely seems to fall.


For 36 years, however, liberals have argued a unique version of this strategy. If a Republican is elected or re-elected president, the argument goes, then the right to choose — abortion, that is — will be threatened, desperate women and girls will be forced into back alleys with coat hangers, and a right to privacy will be destroyed.


How? A Republican president will stack the Supreme Court with right-wing justices who overturn Roe vs. Wade.


The 2008 election was no exception to this history of hyperbole. Nancy Keenan, president of NARAL Pro-Choice America, told the Democratic National Convention, "It is no overstatement to say that reproductive freedom is on the line in this election."


It's the same line Keenan and her cohorts have used in every election since the Roe decision. Yet despite the fact that Republicans have won five of nine presidential elections since 1973, even a Bush "extremist" such as Chief Justice John Roberts recognizes abortion law as being "settled as a precedent of the Court."


This week's hearings on Supreme Court nominee Sonia Sotomayor demonstrate the point. President Obama has named Sotomayor to replace Justice David Souter, another Republican appointee.


Back in 1990 when George H.W. Bush put Souter's name forward, the sky was falling.


Within two years of his confirmation, Souter joined the lead opinion in Casey vs. Planned Parenthood, a case that reaffirmed the Roe decision.


Conservatives haven't done well as Chicken Little — and certainly not as Foxy Loxy. Admonitions about judicial activism just don't have the same sense of urgency as, say, an assault on individual freedom. The elevation of Sotomayor can change all that.


Presidents, as the only officeholders elected by the entire nation, should have broad discretion in making appointments. Too often, however, senators with narrow political interests have abused the Constitution's advice and consent clause to block the will of the people by obstructing presidential nominees.


Democrats know this process all too well, having corrupted it to sink the nominations of Robert Bork, Miguel Estrada and other Republican judicial appointments — not because they weren't qualified, but simply because Democrats, including Sen. Barack Obama, disliked their politics and judicial philosophies.


Is Sotomayor qualified? It will be difficult and probably self-defeating for Republicans to argue that she is not eminently so.


But what about her politics and judicial philosophy? Didn't the opinion she joined in U.S. vs. Sanchez-Villar cite "the right to possess a gun is clearly not a fundamental right?" Wasn't her ruling in Didden vs. Port Chester an assault on private property rights on par with the Kelo decision? Didn't she support racial bias in Ricci vs. DeStefano?


Yes, yes and yes. Which is why conservatives should accept Sotomayor both as a matter of principle and politics.


Elections have consequences, Obama has chided his critics. One of those consequences is that presidents have the power to reshape the Supreme Court in ways that can radically alter the law of the land.


Liberals have successfully made this argument with erroneous portents of doom about abortion. With Sotomayor on the high court, conservatives will be able to make the same point with validity on a much broader range of issues.


No, the sky won't fall if a liberal president can stack the Supreme Court. But voters may justifiably fear their Second, Fifth and Fourteenth Amendment rights — for starters — just might.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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JWR contributor Jonathan Gurwitz, a columnist for the San Antonio Express-News, is a co-founder and twice served as Director General of the Future Leaders of the Alliance program at NATO Headquarters in Brussels, Belgium. In 1986 he was placed on the Foreign Service Register of the U.S. State Department.

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© 2009, Jonathan Gurwitz

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