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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

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 22, 2005 / 15 Tammuz, 5765

Roberts will redefine ‘mainstream’

By Michael Barone


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http://www.JewishWorldReview.com | Prediction: George W. Bush's nominee, John G. Roberts, will be confirmed by the Senate. Second prediction: Justice Roberts will do much to redefine what is the mainstream in American constitutional law.

As to the first prediction, of course the left-wing groups—People for the American Way, the Alliance for Justice, NARAL Pro-Choice America—are busy trying to gin up opposition to Roberts. They want to see his nomination filibustered and killed. But they aren't likely to get the votes to do that. Even Democrats inclined to oppose Roberts have had to admit that he has superb qualifications. Sen. Charles Schumer, busy raising money from left-wing big contributors and direct-mail lists in his capacity as chairman of the Senate Democrats' campaign committee, had to admit that Roberts is highly qualified. So did Judiciary Committee ranking Democrat Patrick Leahy and Minority Leader Harry Reid.

They had little choice. Roberts has been called the nation's best appellate lawyer not only by Justice Antonin Scalia on the right but also by Clinton administration Acting Solicitor General Walter Dellinger on the left. Roberts and Dellinger are members in high standing of the bar of the Supreme Court, lawyers who served in the solicitor general's office in administrations of both parties who have had private practices specializing in Supreme Court appeals.

Other members include former Solicitors General Seth Waxman, who served in the Clinton administration, and Theodore Olson, who served in the current Bush administration. These are highly skilled and scrupulous advocates who, despite differing views on some issues, have high respect and, from comments I have heard some of them make, personal liking for one another. The solicitor general's office has a tradition of institutional excellence that has been maintained during administrations of both parties, and no one seems to be more respected among the brotherhood of Supreme Court advocates than John Roberts.

On many past nominations, whenever the left-wing groups have snapped their fingers, Senate Democrats, especially those on the Judiciary Committee, have jumped. It is not clear whether they will do so this time—or, more important, how many Democrats will do so. In their initial responses to Roberts's nomination, Schumer and Sen. Edward Kennedy made clear how they will proceed. They will try to pepper Roberts with questions about his judicial philosophy and about how he would decide specific issues.

Roberts, who has a minimal paper trail of legal writings and has made few if any provocative statements, will undoubtedly respond as Judge Ruth Bader Ginsburg did before the Judiciary Committee in the hearings on her nomination to the Supreme Court. Ginsburg steadily and consistently refused to answer such questions and argued that it would be improper for her to do so. You might call this the James Madison High School response. James Madison in Brooklyn is the alma mater of Justice Ginsburg and Senator Schumer and of Minnesota Republican Sen. Norm Coleman as well. Why should the response of one James Madison graduate be unacceptable to another?

Democrats may also demand to see memos written by Roberts when he served as deputy solicitor general from 1989 to 1993. This was the ploy they used to delay the nomination to the D.C. Circuit Court of Appeals of Miguel Estrada, who served in a lower position in that office during the Bush I and Clinton administrations.

They got away with it then, but they probably will not now. When Democrats made that demand, all living former solicitors general, most of whom served in Democratic administrations, signed a statement saying that it would be improper for the government to turn over such memos to the Senate. This ploy provides a very slender basis for a filibuster. And Republicans are confident that they have the votes to change the rules if Democrats do filibuster—which makes it less likely that they will do so.

The third tactic the left-wing groups will try to use is to slime Roberts. Their research teams have apparently been busy. But Roberts appears to have led a blameless and boring private life. And attempts to slime the nominee are likely to be resented. When he announced Roberts's nomination, Bush called for a "dignified" confirmation process and praised Leahy and Reid for proceeding in a "dignified" manner.

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Finally, at least some Democrats will use the material compiled long since by the left-wing groups to support the case that Roberts is "out of the mainstream." But when you read that material on the Web, you find it is pretty thin gruel. Ironically, the paper trail might have been much longer had Democrats not prevented Roberts from being confirmed as a judge on the D.C. Circuit when he was nominated in election year 1992. Yes, Roberts was a member of the Federalist Society, and, yes, he is generally described as a conservative. But polls show that conservatism is far from a disqualifier for most voters.

Roberts will be pressed, of course, on whether he would overturn Roe v. Wade, and presumably, like Ginsburg, he will refuse to answer. But there will be five votes on the court to maintain Roe even after he is confirmed. He could make a difference on partial-birth abortion bans, which Justice Sandra Day O'Connor has voted to overturn and which Justice Roberts might not. But partial-birth abortions are, understandably, almost universally unpopular. How many voters want to see a viable baby torn from its mother's womb, its skull punctured, and its brains sucked out?

A Justice Roberts will probably move the court some distance to the right on some issues—though probably not on all those that conservatives would like. But in the process, I think he has the potential to help redefine what is the mainstream of the law. The New Deal justices appointed by Franklin Roosevelt redefined the mainstream of the law very quickly on the major judicial issue of the day: how much economic regulation the Constitution allowed.

Conservatives have been frustrated that over the past 30 years—in which seven of the nine justices have been appointed by Republican presidents—that mainstream has changed little. The confirmation of John Roberts will move the court a significant distance in their direction.

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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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