Writing for the majority in the Supreme Court’s ruling on the case of the Christian baker who refused to bake a cake for a same-sex wedding, Justice Anthony Kennedy noted that “it hardly requires restating that government has no role in deciding or even suggesting whether the religious ground for [a] conscience-based objection is legitimate or illegitimate.” Howard Slugh believes this point very much worth stating, and argues that it has particularly important consequences for Jews:

Governmental entities have a nasty habit of refusing to protect religious practices that are, in their view, religiously mistaken or illegitimate. . . . On June 5, one day after the Supreme Court decided Masterpiece, a district-court judge handed down a decision in Estes v. Clark. In that case, a Jewish prisoner named Bruce Estes sued his prison for refusing to provide kosher food as well as a ram’s horn for use in traditional holiday services.

The prison argued that Estes could not claim it had deprived him of religious liberty because the prison food was kosher enough to meet his religious needs. . . . [B]ased on its understanding of Judaism, the food was kosher. The prison even hired a rabbi to testify that Estes misunderstood his faith. Estes hired his own rabbi to testify that the prison was not, in fact, properly preparing kosher food.

It should be immediately obvious that this sort of religious debate has no place in an American court. Judges are not qualified to determine which rabbi speaks for the only “True Judaism,” if such a thing even exists. And, even more important, the law would protect Estes’s right to religious liberty even if his personal faith differed from normative Judaism. Every American has a right to live in accordance with his conscience, regardless of whether he follows an orthodox faith. Fortunately, the court saw through the prison’s nonsense. It decided that, for the purposes of Estes’s religious-liberty claim, the relevant question was whether eating the prison food would violate his own sincere religious beliefs. The court recognized that it had no business attempting to discover and apply the “true” Jewish law. Rather, it had to accept the validity of Estes’s sincere religious beliefs. . . .

Unfortunately, these cases do not always go as well as the Estes case has gone so far. . . . Minority religions, such as Judaism, are the most vulnerable to mistreatment by judges inclined to play religious inquisitor. Judges, most of whom are likely unfamiliar with Jewish practices, are more likely to misunderstand or discount the importance of those practices relative to more common religious rituals. . . . Jews observe laws that may strike non-Jews as obscure, from refusing to wear a mixture of wool and linen to only eating wheat harvested at certain times of the year. Jewish Americans’ religious liberty should not depend on a judge’s ad-hoc determinations regarding the validity of such practices.

Information about a supposedly near-finalized hostage deal continued to trickle out yesterday. While it’s entirely possible that by the time you read this a deal will be much more certain, it is every bit as likely that it will have fallen through by then. More likely still, we will learn that there are indefinite and unspecified delays. Then there are the details: even in the best of scenarios, not all the hostages will be returned at once, and Israel will have to make painful concessions in exchange, including the release of hundreds of hardened terrorists and the withdrawal from key parts of the Gaza Strip.

Unusually—if entirely appropriately—the president-elect’s Middle East envoy, Steve Witkoff, has participated in the talks alongside members of President Biden’s team. Philip Klein examines the incoming Trump administration’s role in the process:

President-elect Trump has repeatedly warned that there would be “all hell to pay” if hostages were not returned from Gaza by the time he takes office. While he has never laid out exactly what the specific consequences for Hamas would be, there are some ominous signs that Israel is being pressured into paying a tremendous price.

There is obviously more here than we know. It’s possible that with the pressure from the Trump team came reassurances that Israel would have more latitude to reenter Gaza as necessary to go after Hamas than it would have enjoyed under Biden. . . . That said, all appearances are that Israel has been forced into making more concessions because Trump was concerned that he’d be embarrassed if January 20 came around with no hostages released.

While Donald Trump’s threats are a welcome rhetorical shift, part of the problem may be their vagueness. After all, it’s unlikely the U.S. would use military force to unleash hell in Gaza, or could accomplish much in doing so that the IDF can’t. More useful would be direct threats against countries like Qatar and Turkey that host Hamas, and threats to the persons and bank accounts of the Hamas officials living in those counties. Witkoff instead praised the Qatari prime minister for “doing God’s work” in the negotiations.”