Why Jews Need Not Fear a Change in the Supreme Court’s Stance toward Abortion

Last week, the U.S. Supreme Court heard the case of Dobbs v. Jackson Women’s Health, raising speculation that its justices might overturn precedents set by Roe v. Wade, Planned Parenthood v. Casey, and other landmark decisions. As American Jews tend overwhelmingly to be pro-choice, only a minority would likely welcome such an outcome. Howard Slugh and Tal Forgang, however, argue that their concerns may be unfounded:

Some Jewish groups have argued that Roe must be upheld because, in some instances, Jewish women might have a religious obligation to have an abortion. As one of us has previously written, . . . “there is widespread acceptance,” even among Jews who take a more restrictive view of the matter, “that abortions are allowed when necessary to save a mother’s life.” Some Jews regard this allowance as a requirement, which gives rise to a religious obligation to have an abortion in some rare circumstances.

[As a result, some Jewish] groups claim that the Supreme Court must maintain a broad right to abortion to protect Jewish women’s religious liberty. Taken on its own terms, this argument is misguided in a number of ways.

Jewish women in New York or other predominantly liberal states will not wake up the day after Roe is reversed to find abortion illegal in their state. If the Supreme Court overturns Roe and holds that there is no constitutional right to abortion, abortion will not become illegal nationwide. Instead, each state will set its own abortion policy democratically, based on the desires and needs of its population. States with large Jewish populations such as New York, New Jersey, and California are not likely to restrict abortion any more than they currently do.

Even women who live in states with “strict” abortion regulations would be unlikely to face a conflict between their religious mandates and abortion regulations. . . . In the unlikely event that a genuine conflict were to arise between an abortion regulation and a Jewish woman’s religious obligation to have an abortion, the proper course of action would be for her to seek an individualized accommodation, not to demand a religious veto over any law that conflicted with her faith.

Indeed, as Slugh and Fortgang argue in follow-up article, overturning Roe could lead to a general expansion of religious freedom.

Read more at Public Discourse

More about: Abortion, Freedom of Religion, Supreme Court

Donald Trump’s Plan for Gaza Is No Worse Than Anyone Else’s—and Could Be Better

Reacting to the White House’s proposal for Gaza, John Podhoretz asks the question on everyone’s mind:

Is this all a fantasy? Maybe. But are any of the other ludicrous and cockamamie ideas being floated for the future of the area any less fantastical?

A Palestinian state in the wake of October 7—and in the wake of the scenes of Gazans mobbing the Jewish hostages with bloodlust in their eyes as they were being led to the vehicles to take them back into the bosom of their people? Biden foreign-policy domos Jake Sullivan and Tony Blinken were still talking about this in the wake of their defeat in ludicrous lunchtime discussions with the Financial Times, thus reminding the world of what it means when fundamentally silly, unserious, and embarrassingly incompetent people are given the levers of power for a while. For they should know what I know and what I suspect you know too: there will be no Palestinian state if these residents of Gaza are the people who will form the political nucleus of such a state.

Some form of UN management/leadership in the wake of the hostilities? Well, that might sound good to people who have been paying no attention to the fact that United Nations officials have been, at the very best, complicit in hostage-taking and torture in facilities run by UNRWA, the agency responsible for administering Gaza.

And blubber not to me about the displacement of Gazans from their home. We’ve been told not that Gaza is their home but that it is a prison. Trump is offering Gazans a way out of prison; do they really want to stay in prison? Or does this mean it never really was a prison in the first place?

Read more at Commentary

More about: Donald Trump, Gaza Strip, Israeli-Palestinian Conflict