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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 March 9, 2006 / 9 Adar, 5766

The Supreme Court on military recruiters

By Michael Barone


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http://www.JewishWorldReview.com | The Supreme Court in a unanimous 8-to-0 opinion (Justice Samuel Alito not participating) reversed a Third Circuit 2-to-1 ruling overturning on First Amendment grounds the Solomon Amendment, requiring law schools to give the same access to military recruiters that they give to other recruiters.


Chief Justice John Roberts's decision is relatively brief, elegant, occasionally witty, and enormously persuasive. The claim that law schools' First Amendment rights to self-expression are infringed by requiring that military recruiters have access to students was always risible. The plaintiffs, an organization of law school teachers and the like, tried to hitch a ride on the Supreme Court case allowing the Boy Scouts to bar homosexuals. Nice try, but absolutely no cigar.


This opinion was clearly the product of Roberts's own writing, not a draft produced by law clerks and edited a bit by the chief justice. It's clearly similar in tone and style to his D.C. Circuit opinions, which contained bits of drollery similar to this:


We have held that high school students can appreciate the difference between speech a school sponsors and speech the school permits because legally required to do so, pursuant to an equal access policy. [Citations omitted] Surely students have not lost that ability by the time they get to law school.


Last summer I speculated that Roberts, if confirmed, would do much to redefine what is mainstream in our jurisprudence. He seems to be doing that here. Over at National Review Online's Bench Memos, Ed Whalen speculates:

"The emerging story of this Supreme Court term would appear to be how many supposedly controversial cases have yielded unanimous opinions. A honeymoon for Chief Justice Roberts? A testament to his leadership? Or something else?"


Those were the days when Supreme Court justices had at most one law clerk. Today they are entitled to four. That, I argued has contributed to the proliferation of separate concurring and dissenting opinions that has made Supreme Court jurisprudence well nigh impossible for ordinary intelligent citizens to follow. I ended the piece as follows:

"I have hopes that a Justice John Roberts might reduce the reliance on law clerks, though he was one himself. Roberts clearly knows his own mind and is capable of drafting his own opinions. He has served on the D.C. Circuit on which former Chief Judge Harry Edwards and his successor, Douglas Ginsburg, have encouraged unanimity and discouraged dissents and separate concurrences. In cases Roberts has heard, there have been few separate opinions.

"Moreover, Roberts, while showing respect for differing views, has shown a penchant for making crisp decisions and enunciating clear rules. Let's hope he and the other justices put the clerks in their place."


That's what Roberts seems to have done in Rumsfeld v. FAIR. He's only one justice out of nine, but he evidently succeeded in producing a crisp opinion to which none of his colleagues felt obliged to append a separate opinion. And perhaps he has helped to produce on the Supreme Court the collegial atmosphere that more than a few judges there have told me has prevailed for some years on the once famously fractious D.C. Circuit. That collegial atmosphere, by all the accounts I've heard, owes much to former Chief Judge Edwards, who was appointed by President Carter, as well as to Chief Judge Ginsburg, who was appointed by President Reagan. Chief Justice Rehnquist, for all his many virtues, started off on the Supreme Court as a frequent lone dissenter and as chief justice was never able to encourage, or was perhaps never interested in encouraging, single opinions in the mode of Chief Justice Taft and Chief Judge Edwards. Yesterday's opinion is a sign that Chief Justice Roberts may be doing so.


The military policy that the law schools object to is the ban on homosexuals in military service. As Roberts's opinion points out, that policy was the result of legislation passed by Congress and signed by the president (President Clinton, in fact). The law schools' real beef is not with the military, which rightly follows orders, but with Congress. A serious argument can be made that that policy should be changed; here such an argument is presented by Ed Morrissey of the Captains Quarters blog.


"Let's end the hypocrisy and admit that gays have made good soldiers, sailors, and airmen in the past and present and could contribute to our national defense in the future," Morrissey concluded. "Addendum: I expect to get pilloried on this one, so feel free to fire away in the comments section." I took a look at the comments section and found many commenters agreed with Morrissey and that those who disagreed seem to frame their arguments respectfully, basing them in many cases on personal experience. Not the sort of flaming hatred you find in so many comments on www.dailykos.com.


Meanwhile, while the law professors at Yale, among other universities, preen themselves on opposing the evil military for giving homosexuals no harsher a penalty than a general discharge, Yale College has admitted as a student a former spokesman for the Taliban, which threw homosexuals into ditches and then had concrete walls bulldozed over them.


The hypocrisy of the academic elite is repulsive: The only common theme is a dislike for America.

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BARONE'S LATEST
Hard America, Soft America: Competition vs. Coddling and the Battle for the Nation's Future  

America is divided into two camps, according to U.S. News and World Reports writer and Fox commentator Michael Barone. No, not Red and Blue, though one suspects Barone may taint the two groups in the hues of the 2000 presidential election. Barone's divided America is one part Hard, one part Soft. Hard America is steeled by the competition and accountability of the free market, while Soft America is the product of public school and government largesse. Inspired by the notion that America produces incompetent 18 year olds and remarkably competent 30 year olds, Barone embarks on a breezy 162-page commentary that will spark mostly huzzahs from the right and jeers from the left. Sales help fund JWR.

JWR contributor Michael Barone is a columnist at U.S. News & World Report. Comment by clicking here.




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