Four Court Cases Have Put Religious Liberty on the Defensive—and Jews Should Beware

Examining four recent legal battles in which U.S. courts deemed the religious freedom of various individuals or groups as contingent or easily subordinated to other considerations, Mitchell Rocklin and Howard Slugh detect a worrying tendency “to view religious liberty as a privilege that the majority, at its discretion, may bestow upon the minority.” The first case involves a family-owned pharmacy in Washington state whose religious proprietors, contrary to state regulations, refrained from stocking or dispensing abortifacient drugs. When the Stormans, owners of the pharmacy, took the case to the Supreme Court, it declined to hear it. Rocklin and Slugh write:

[In arguing that the court should consider the case], Justice Samuel Alito concluded that it was particularly concerning because “there is much evidence that the impetus for the adoption of the [pharmacy] regulations was hostility” to the pharmacists’ religious beliefs. In other words, Washington’s regulations were not neutral requirements aimed at enhancing access to abortifacients. The burden the regulations imposed on religious pharmacists was not merely incidental. Rather, the regulations were a deliberate attempt to stamp out a religious objection that the [state’s legislative and executive branches]—supported by the courts—refused to tolerate.

Evidence in the . . . district-court record supports Justice Alito’s conclusion. That record indicates that none of the plaintiffs’ customers had ever been completely denied access to abortion-inducing drugs. The Stormans were willing to refer customers who requested such drugs to nearby pharmacies, and the evidence suggested that this commonsense compromise had been successful. Within five miles of the Stormans’s pharmacy, there were more than 30 pharmacies that stocked the drugs in question. . . . .

As Justice Alito noted in his dissent, . . . Washington State’s regulations included exemptions “for an almost unlimited variety of secular reasons.” For example, pharmacies may refuse to stock a drug that “requires additional paperwork or patient monitoring, has a short shelf life, may attract crime, requires simple compounding, . . . or falls outside the pharmacy’s niche.” The only exception not included on the list was one based on religious faith. . . .

Some European countries have already banned or discussed banning Jewish and Muslim ritual slaughter and circumcision. Most American Jews now see these bans as unthinkable in their own society. . . . If we do not succeed in protecting religious liberty as a fundamental right, there is no logical reason why such bans will not become quite thinkable in America.

Read more at National Review

More about: Abortion, Freedom of Religion, Religion & Holidays, Supreme Court

Hizballah Is Learning Israel’s Weak Spots

On Tuesday, a Hizballah drone attack injured three people in northern Israel. The next day, another attack, targeting an IDF base, injured eighteen people, six of them seriously, in Arab al-Amshe, also in the north. This second attack involved the simultaneous use of drones carrying explosives and guided antitank missiles. In both cases, the defensive systems that performed so successfully last weekend failed to stop the drones and missiles. Ron Ben-Yishai has a straightforward explanation as to why: the Lebanon-backed terrorist group is getting better at evading Israel defenses. He explains the three basis systems used to pilot these unmanned aircraft, and their practical effects:

These systems allow drones to act similarly to fighter jets, using “dead zones”—areas not visible to radar or other optical detection—to approach targets. They fly low initially, then ascend just before crashing and detonating on the target. The terrain of southern Lebanon is particularly conducive to such attacks.

But this requires skills that the terror group has honed over months of fighting against Israel. The latest attacks involved a large drone capable of carrying over 50 kg (110 lbs.) of explosives. The terrorists have likely analyzed Israel’s alert and interception systems, recognizing that shooting down their drones requires early detection to allow sufficient time for launching interceptors.

The IDF tries to detect any incoming drones on its radar, as it had done prior to the war. Despite Hizballah’s learning curve, the IDF’s technological edge offers an advantage. However, the military must recognize that any measure it takes is quickly observed and analyzed, and even the most effective defenses can be incomplete. The terrain near the Lebanon-Israel border continues to pose a challenge, necessitating technological solutions and significant financial investment.

Read more at Ynet

More about: Hizballah, Iron Dome, Israeli Security