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Neil Gorsuch Will Likely Restore Religious Freedom to Its Rightful Place

March 21 2017

The Senate confirmation hearings for Judge Gorsuch, nominated to join the Supreme Court, began yesterday. In Nathan Diament’s opinion, Gorsuch understands the First Amendment’s protection of religious liberty expansively, in a way that the late Antonin Scalia—whom he was chosen to replace—did not:

In 1990, Scalia severely curtailed the First Amendment’s protection for the free exercise of religion. . . . At the time, Supreme Court precedents held that [certain state encroachments on religious freedom would be held to] the highest standard of constitutional proof, known as strict scrutiny. . . . A divided court overturned those precedents. Justice Scalia, writing for a five-justice majority, held that a person’s right to the free exercise of religion would receive a lower level of legal protection when the law in question doesn’t specifically target religion. . . .

Samuel Alito, appointed to the high court in 2006, was the first of the newer justices who had a record of disagreeing with [this particular opinion of Scalia’s]. Judge Gorsuch would be another. He appears to be sensitive to the needs of religious minorities and the role faith plays in people’s lives. . . .

[As a judge on the Tenth Circuit Court of Appeals], Gorsuch wrote a separate opinion in Hobby Lobby, [a much-publicized 2013 case regarding the Affordable Care Act’s “contraceptive mandate”], arguing that the Religious Freedom Restoration Act “doesn’t just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs, vindicating this nation’s long-held aspiration to serve as a refuge of religious tolerance.” . . .

What comes through in [Gorsuch’s] opinions is a recognition that seems to have eluded Scalia in 1990: the law is meant to be a bulwark against infringement—whether by government or other powerful entities—upon a person’s religious conscience and practices. It is not enough to allow Americans to believe as they wish; they must also be able, generally, to act in conformity with their beliefs.

Read more at Orthodox Union

More about: First Amendment, Freedom of Religion, Politics & Current Affairs, RFRA, Supreme Court, U.S. Constitution

 

Hamas Sets Its Sights on Taking over the PLO

Oct. 20 2017

Examining the recent reconciliation agreement between the rival Palestinian organizations Fatah and Hamas, Eyal Zisser argues that the latter sees the deal as a way to install its former leader, Khaled Meshal, as head of the Palestine Liberation Organization (PLO) and thereby the Palestinian Authority. It wouldn’t be the first time something like this happened:

Even the former Palestinian leader Yasir Arafat . . . took the PLO leadership by force. His first steps, incidentally, were with the Fatah organization, which he cofounded in January 1965 in Damascus, under Syrian patronage. Fatah was meant to serve as a counterweight to the rival PLO, which had come into existence [earlier] under Egyptian patronage. Arafat, however, was relegated to the sidelines in the Palestinian arena. It was only after the 1967 Six-Day War that he exploited the resounding defeat of the Arab armies to join the PLO as the leader of Fatah, which led to his gaining control over [the PLO itself].

Meshal [most likely] wants to follow in Arafat’s footsteps—a necessary maneuver for a man who aspires to lead the Palestinian national movement, particularly after realizing that military might and even a hostile takeover of [either Gaza or the West Bank] will not grant him the legitimacy he craves.

It is hard to believe that Fatah will willingly hand over the keys to leadership, and it is also safe to assume that Egypt does not want to see Hamas grow stronger. But quasi-democratic developments such as these have their own dynamics. In 2006, Israel was persuaded by Washington to allow Hamas to run in the general Palestinian elections, thinking the Islamist group had no chance of winning. But Hamas won those elections. We can assume Meshal will now look to repeat that political ploy by joining the PLO and vying for its leadership.

Read more at Israel Hayom

More about: Fatah, Hamas, Khaled Meshal, Palestinian Authority, PLO, Politics & Current Affairs, Yasir Arafat