The Justice Department is currently pushing an approach to the Religious Freedom Restoration Act (RFRA) that, according to Howard Slugh and Mitchell Rocklin, would turn judges into interpreters of religious doctrine and thereby undermine accepted understandings of religious freedom:

The RFRA requires the government to demonstrate the compelling nature of any law that would place a substantial burden on a person’s religious exercise. This leads to the inevitable question of what constitutes a “substantial burden.” . . . Religious plaintiffs have argued that the test requires courts to weigh the burden of the punishment a religious person may face for refusing to violate his faith, rather than the importance of the religious practice at issue. . . The administration rejects this view, arguing that a judge must “look at the [religious] action that the plaintiffs want to take.” . . . According to this view, if a court decides that a particular religious principle is unimportant, the state can force a believer to choose between violating it and facing a draconian punishment. . . .

[S]uch a test would inevitably ensnare courts in thorny doctrinal questions. . . . A government that adjudicates the relative merits of religious commandments has invaded the most central and sacred sphere of life, usurping the role of ministers, priests, rabbis, and imams.

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.