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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 June 28, 2005 / 21 Sivan, 5765

A right turn on the high court?

By Jonathan Turley

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http://www.JewishWorldReview.com | It is a true sign of desperate times when liberals are fretting over of the expected retirement of Chief Justice William Rehnquist. It is not that they have come to love Rehnquist — once called the "Lone Ranger" for his strident conservative dissents on the Warren Court. Yet, liberals have learned that there are actually judges to the right of Rehnquist, a number of whom are on the short list to replace him. It is like Luke Skywalker celebrating the demise of the Emperor only to learn that he was considered the mild-mannered runt of the litter.

Conventional wisdom holds that swapping a Rehnquist, 80, with another conservative simply preserves the current division of the court. This oversimplification ignores the fact that Rehnquist occasionally surprised people, as he did in his 2000 opinion upholding the 1966 Miranda decision and its requirement that police inform arrestees of their rights. Likewise, he joined his liberal colleagues in holding that states could be sued for violating women's rights on family and medical leave — a departure from his own states' rights cases.

Such surprises are not expected from the short-list judges — jurists viewed as the purest among the hard-right faithful. Some of the short-listers hold views rejected by Rehnquist as too extreme.

Even only Rehnquist's retirement might produce some significant changes. For example, Rehnquist voted in 2003 in a 5-4 ruling to reject First Amendment protections for cross burnings. The possibility of two vacancies has both liberal and conservative groups raising millions of dollars for their war chests.

Due to decades of a fairly stagnant 5-4 division, an unprecedented number of fundamental doctrines is dangling by a single vote. This term, the court added 5-4 decisions to this list, including last week's sweeping one that allows cities to take private homes and give the properties to private developers.

Moreover, when considered on the basis of age and health, the three other most likely retirements would cause the center of gravity on the court to shift sharply to the right: John Paul Stevens (85), Sandra Day O'Connor (75) and Ruth Bader Ginsburg (72 with a history of cancer).

The replacement of any of these justices could produce the most transformative doctrinal changes in the court's history. Consider just a few areas resting on the bubble:

  • Abortion. These three justices represent half of current votes supporting Roe v. Wade. A loss of one of the three could flip a 5-4 decision protecting "partial-birth" abortions. If President Bush replaced just two, he could deliver the holy grail of conservative politics for at least four decades: the overturning of Roe.

  • Affirmative action. Change one of the three and you change the result in the 2003 Grutter decision, in which the court upheld the use of affirmative action programs in university admissions.

  • Campaign financing and reform. Replace one of the three and you reverse the court's 5-4 ruling in 2003 upholding federal restrictions on campaign financing — wiping away years of hard-fought legislative reforms.

  • Church and state. A loss of any of the three would likely shift the balance in religion cases, allowing greater entanglement of church and state.

  • Death penalty. The court's recent 5-4 ruling barring the execution of juveniles could change with the loss of either Stevens or Ginsburg.

  • Disability. One change could flip a series of 5-4 decisions on disabilities law. These include a decision last year allowing the disabled to sue states for access to courthouses and this year's ruling (with Stevens and Ginsburg in the majority) extending the disability act to foreign cruise liners.

  • Discrimination. A loss of any of three could reverse the result in a number of discrimination cases, including recent opinions supporting the broad application of Title IX, the federal law imposing gender equity in school sports.

  • Environmental laws. These three justices are part of a slim five-vote majority on various environmental rulings, such as the recent opinion upholding the right of the Environmental Protection Agency to stop states from issuing construction permits below compliance standards.

  • Federal sentencing. A loss of either Stevens or Ginsburg could flip the result in the court's recent decision striking down portions of the federal sentencing guidelines — a historic decision giving judges greater discretion in criminal cases. Likewise, such a change could undo the landmark 2000 ruling in Apprendi, in which the court barred judges from increasing sentences without factual findings from a jury.

  • Gay rights. A loss of two of the three justices would lose the majority in the 2003 Lawrence decision that struck down anti-sodomy laws as well as some related decisions.

  • States' rights and federalism. Rehnquist's "Federalism Revolution" struck down various federal statutes as intrusive of states' rights, such as the Violence Against Women Act. One or two new justices could restart the federalism revolution with a vengeance.

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These are just a few of the highlights from an impressive list of close decisions and do not include areas such as criminal procedure, where numerous rulings hang by one vote. After decades of division, the sudden emergence of a stable majority would be revolutionary for the country.

For Bush, there is nothing less than a legacy at stake. With two or three appointments, Bush could have the greatest effect on the Supreme Court (and the country) of any president in history.

For Rehnquist, such a legacy is already reality. Few chief justices can claim his success in reshaping the court. Indeed, the dismantling of Earl Warren's legacy was the foundation for his own. In terms of his impact on the law, Rehnquist now ranks as one of the greatest chief justices in history.

However, even a few years ago, Rehnquist never could have imagined the scene that appears likely to unfold: the streets lined with mournful liberals as the Lone Ranger rides into retirement.

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.

JWR contributor Jonathan Turley is a law professor at George Washington University. Click here to visit his website. Comment by clicking here.

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