How Felix Frankfurter Traded Judaism for Democracy

Elena Kagan is the eighth Jew to be appointed to the Supreme Court. The third Jew to sit on the nation’s highest court—preceded by Louis Brandeis and Benjamin Cardozo—was Felix Frankfurter. Born in Vienna in 1882 and the descendent of numerous rabbis, Frankfurter became a leading advocate of judicial restraint. Andrew Porwancher and Taylor Jipp examine his life:

Despite his upbringing in an observant Jewish household, he withdrew from religious practices in a singular moment of clarity. Frankfurter was attending a Yom Kippur service as an undergraduate when he abruptly sensed his indifference to its rituals. “I looked around as pious Jews were beating their breasts with intensity of feeling and anguishing sincerity”—he was referring here to the Jewish practice of tapping one’s chest in repentance—“and I remember with the greatest vividness thinking that it was unfair of me, a kind of desecration for me to be in the room with these people, . . . adhering to a creed that meant something to my parents but ceased to have meaning for me.”

Frankfurter suddenly exited the synagogue and never again resurfaced at a Jewish service. For the remainder of his life, he still identified as a Jew—and understandably so, as Jewish identity entails more than theological commitments—but his relationship with Judaism as a faith had met a swift demise. Frankfurter came instead to embrace a new religion: American democracy.

He became an apostle of the “true democratic faith” and routinely described the American legal system in decidedly religious terms. “Society has breathed into law the breath of life and made it a living, serving soul,” Frankfurter wrote in language mirroring the book of Genesis’s description of how God animated Adam with breath.

Read more at Tablet

More about: American Jewish History, Supreme Court

Hamas Can Still Make Rockets and Recruit New Members

Jan. 10 2025

Between December 27 and January 6, terrorists in Gaza fired rockets at Israel almost every night. On Monday, one rocket struck a home in the much-bombarded town of Sderot, although no one was injured. The rocket fire had largely halted last spring, and for some time barrages were often the result of Israeli forces closing in a Hamas unit or munitions depot. But the truth—which gives credence to Ran Baratz’s argument in his January essay that the IDF is struggling to accomplish its mission—is that Hamas has been able to rebuild. Yoni Ben Menachem writes that the jihadist group has been “producing hundreds of new rockets using lathes smuggled into tunnels that remain operational in Gaza.” Moreover, it has been replenishing its ranks:

According to Israeli security officials, Hamas has recruited approximately 4,000 new fighters over the past month. This rapid expansion bolsters its fighting capabilities and complicates Israel’s efforts to apply military pressure on Hamas to expedite a hostage deal. Hamas’s military recovery has allowed it to prolong its war of attrition against the IDF and adopt tougher stances in hostage negotiations. The funds for this recruitment effort are reportedly from the sale of humanitarian-aid packages, which Hamas forcibly seizes and resells in Gaza’s markets.

In fact, Ben Menachem writes, Hamas’s rocket fire is part of the same strategy:

By firing rockets, Hamas seeks to demonstrate its resilience and operational capability despite the IDF’s prolonged offensive. This message is aimed at both Gaza’s residents and the Israeli public, underscoring that Hamas remains a significant force even after enduring heavy losses [and] that Israel cannot easily occupy this region, currently a focal point of IDF operations.

Read more at Jerusalem Center for Security and Foreign Affairs

More about: Gaza War 2023, Hamas