Category Archives: issues of morality or ethics

Blood of the Right Sort

During Germany’s accursed Third Reich, the U.S. immigration system severely limited the number of German Jews admitted to the country to about 26,000 annually. But even that quota was less than a quarter filled during most of the Nazi era, because of strict requirements put in place by the administration of President Franklin Delano Roosevelt.

Whether FDR’s personal sentiments about Jews – he once dismissed pleas on behalf of Jewish refugees as “Jewish wailing” and “sob stuff” – had anything to do with that policy can’t be known, but that they existed can’t be denied.

Nor can Mr. Roosevelt’s conviction that immigration should be limited to those who had “blood of the right sort.”

Back in February, President Trump famously admitted that “Nobody knew health care could be so complicated.” For some of us, at least, no less complicated is the issue of immigration.

Last week, the president embraced a proposal to slash legal immigration to the United States in half within a decade by sharply curtailing the ability of American citizens and legal residents to bring family members into the country.

The plan is intended to stem the flow of newcomers to the U. S., in keeping with the president’s contention that the country has taken in too many low-skilled immigrants, to the detriment of American workers.

But there are studies that have shown that immigration does not have a negative effect on American jobs, and may even have a positive one. Some Republicans, in fact, are opposing the president’s initiative. South Carolina Senator Lindsey Graham, for instance, asserted that “If this proposal were to become law, it would be devastating to our state’s economy, which relies on this immigrant work force.”

Many of us, mindful of the regular exhortations of Islamist fanatics that their followers infiltrate Western countries and kill “infidels,” and of the terrorist attacks we have all too often seen, may regard any restriction on immigration as something to celebrate. It isn’t 1938, after all, and Jews aren’t seeking refuge.

But we do well to bear in mind that, according to the Government Accountability Office, between September 12, 2001 and December 31, 2016, there were 23 fatal “Radical Islamist” attacks in the U.S., resulting in a total of 119 deaths (more than half, from two attacks, the San Bernardino and Orlando massacres), but fully 62 fatal “far-right violent extremist-motivated attacks” (although leading to “only” 106 deaths).

And to recognize that legal immigration to the U.S. is overwhelmingly from Mexico, China and India, not exactly hotbeds of Islamism. (Next on the list are the Philippines and Cuba.)

The president’s proposal should be of great concern to us. Under its terms, it would not even allow American citizens to sponsor their aged or infirm parents to immigrate to the United States.  And it is unclear whether it will provide any way to sponsor religious workers, who are very important to our community.

But beyond those practical concerns, and perhaps more important, it would be unseemly for a community like ours, whose recent forebears were immigrants, most largely unskilled and penniless, to publicly endorse new limits on immigration. Or even to feel comfortable about it to ourselves. Might hakaras hatov extend to intangibles like immigration policies? It’s hardly unthinkable.

Worthy of note, here, is the response given by Stephen Miller, the president’s policy adviser and long-time opponent of immigration, when a reporter asked him about some words at the base of the Statue of Liberty – “Give me your tired, your poor, your huddled masses yearning to breathe free.” Mr. Miller noted that “the poem that you’re referring to was added later… It’s not actually part of the original Statue of Liberty.”

Indeed. The poem, “The New Colossus,” was written by Emma Lazarus, scion of German Jewish immigrants (long before the Nazi era), and was only later placed on a plaque at the statue.

It was referenced by rabid anti-Semite David Duke, who wrote: “As I looked into the American fight over immigration laws during the last 100 years, the driving force behind opening America’s borders became evident: It was organized Jewry, personified by the poet Emma Lazarus.”

For its part, the white nationalist website Stormfront includes an article titled “Give Me Your Huddled Masses – The Jewess who tried to destroy the U.S.!”

Jews (and Jewesses) have, of course, long been an important part of the American tapestry, as have natives of countries around the world. There is a need to ensure the safety of the citizenry, and vetting of potential immigrants is necessary – and is done.

But when considering new restrictions on legal immigration, we are wise to focus on facts, and to remember our own history in this great land.

© Hamodia 2017

Empowering Ehrlichkeit

If you live in New York City and order a sliced bagel (unlike if you ordered it uncut), you owe sales tax on the item. And if you bought gasoline in New Jersey, you owe tax to New York for the purchase.

There are many arcane technical violations of law (some quite amusing, like talking to someone in an elevator in New York State, or hanging clothes on an outdoor clothesline without a license) of which most otherwise smart people are ignorant, and of which otherwise upright people are regularly guilty. And then there are laws that most of us do know about and willfully ignore, like the prohibition to exceed posted speed limits.

Then, of course, there are serious crimes that are not only prosecutable but rightly prosecuted, like identity theft, Ponzi schemes and egregious tax evasion.

There is also, however, a broad gray area of questionable actions, particularly in realms like tax deductions and participation in government programs, that may or may not be committed intentionally, and may or may not even be clear violations of the law.

Many otherwise honest Americans, including some in the Orthodox community, have fallen prey to making decisions that they may think fall on the right side of the legal/illegal line but in fact do not. And some have even convinced themselves that being on the wrong side of that line isn’t really so terrible.

It is, though, at least in our community. Not only because, if discovered (as it often is), it causes the guilty and their families and their fellow Jews a black eye (and sometimes worse), but also simply because, well, it is not ehrlich.

That Yiddish word, for the uninitiated, refers to something of a combination of “honest” and “honorable.” It is a most important Jewish concept.

Rabbi Shimon Schwab, zt”l, the Rav of Khal Adath Jeshurun in Washington Heights for nearly four decades, famously said at an Agudath Israel “Halacha Conference for Accountants,” on January 24, 1989, that “Those who resort to… dishonesty…while they may have the outward appearance of G-d-fearing Jews, deep down… are irreligious.” Because, he explained, Hashem provides us what we are destined to have; to steal is to deny that fact. He bemoaned the fact that Hashem’s people are viewed as defrauders, and said he pined for the day “when there will be a new definition for ‘to Jew’: to be a stickler for honesty.”

Rav Avrohom Pam, zt”l, the Rosh Yeshivah of Yeshiva Torah Vodaas and member of the Moetzes Gedolei HaTorah, ailing and near the end of his life, recorded a heartfelt speech on November 22, 2000. It was screened the next day at that year’s Agudath Israel convention. The anguish in his voice was born not of his illness but of the pain he felt at having to address the issue.

He characterized a good Jew as someone who is “ehrlich in his profession, in business, with… workers, with… partners…”

When one arrives in the next world, Rav Pam said, quoting the Gemara, “the very first question he is asked is ‘Did you conduct your business with emunah [in good faith]?’”

The word emunah is used there, he explained, echoing Rabbi Schwab – because acting dishonestly in order to “supplement” our income denies G-d’s ability to provide us our sustenance.

Both Gedolim also stated clearly that the same honesty with which a Jew must interact with another Jew must characterize a Jew’s dealings with non-Jews.

I am not writing these recollections or what follows with reference to any recent happening. Only a fool would deign to make assumptions about anyone accused of a crime; both in Jewish law and American law, moreover, the presumption of innocence is a given.

But it can’t be denied that, over the years, there have been confirmed cases of actions, or inactions, by members of the community that were clearly illegal. That reality is unfortunate, and defies easy explanation.

Some suggest – to try to explain the phenomenon, not excuse it – that since religious Jews feel a singularly strong connection to earlier generations, some individuals may have “inherited” a feeling that government – as was the case many years past in other lands – is inherently corrupt, and its laws unworthy of full respect. While there are certainly cases where the American justice system acts unjustly (see: Rubashkin), all know (or should) that the United States is qualitatively different from the oppressive and unethical regimes under which Jews lived for centuries. We American Jews are the most fortunate Jews over the course of our galus.

Others see lapses of honesty to have been born of desperation, itself birthed by the extraordinary pressures brought to bear on observant families, who face special and substantial expenses.  That theory too, is offered not to excuse misdeeds, but as the sociological background against which they need to be regarded.

Whatever might (or might not) explain how members of communities beholden to halachah can come to do things that are not ehrlich, it behooves us all to look inward. There is a reason our Viduy is in plural (“ashamnu…”). If anyone in Klal Yisrael is guilty of a sin, on some level it implicates us all. Kol Yisrael areivim.

One worthy pursuit we might consider is intensified education about financial rectitude. Things like Agudas Yisrael’s recent “Law of the Land” webinars and its Halacha Conferences’ business tracks are examples worth emulating. As are the “V’asisa Hayashar V’hatov” events of several years ago, which were created by R’ Chaim Gross, z”l, a Vizhnitzer chassid and (ybl”c) R’ Shmuel Dovid Spira. Knowledge in this realm is crucial, as the lines of the law are not always clear.

But it behooves us, too, as parents and mechanchim, to more often and more forcefully stress the importance of ehrlichkeit. The stories of Gedolim that we relate to our young, which enter their minds and souls at the “ground floor,” so to speak, and color their consciences over their lifetimes, should prominently include not only narratives about the hasmadah and Torah-knowledge and ahavas Yisrael of those who inspire us, but their meticulous honesty and acts of Kiddush Hashem no less. There are many such accounts; they need to be a major part of the “curriculum” and greatly emphasized.

And then there is a sociological change that so needs to be fostered.

Our society has come to regard things that are in truth luxuries as necessities. Much (though certainly not all) of the economic pressures so many of us feel derives from a perceived need for a certain kind of home or car or vacation or summer bungalow. There’s nothing wrong with a late model car or overseas trip – if one can easily afford them. But there very much is if one cannot.

Something akin to shame is felt by those of us who, nebbich (sarcasm intended), have a one-man-band at a child’s chasunah, or have run-down furniture, or old, stained carpets, or can’t afford Chol Hamoed trips or summer camps (yes, summer camps; they are wonderful, but there are other options) for our families.

But with all due concern for chasunah bands, the frum entertainment industry and camps (and florists and planners…), none of their products are necessities. The fact that many readers may be shocked by that contention is a sign of the very problem that needs addressing. Is “keeping up with the Jonessteins” a Jewish value? What begets that attitude, we need to realize, is something forbidden by one of the Aseres Hadibros.

There is dignity in being of modest means. We need to recapture it. Was the Chofetz Chaim dignified? Is, ybl”c, Rav Steinman, shlit”a? No need, one hopes, to answer.

And even for those who are financially fortunate, there is dignity in modesty. We have, laudably, toned down our simchos over the years, at our Gedolim’s request (if not always to the degree they suggested). By continuing and intensifying that trend, we do ourselves, our children, and theirs, a great service.

Why have we “upgraded” vorts to mini-chasusos, and chasunos to British coronations?  Why aren’t a Shabbos Kiddush and a pizza-and-doughnut weekday meal for his classmates a sufficient celebration for a Bar Mitzvah?

Here’s a radical suggestion, born of a recent chasunah held in a hall without a kosher kitchen. The seudah was buffet style, brought in by the caterer and kept hot with Sterno. It was a second marriage for both the chassan and the kallah, so that may not have been remarkable. Such an arrangement would surely raise eyebrows at a regular chasunah. But maybe it should raise our consciousness instead. The guests were all well-fed and the joy of the event was unhampered. I don’t know how much money was saved, but my guess is that it was substantial. Must we all have our simchos in elaborate halls, with smorgasbords and a seudah, and with our food served to us by waiters?

There are, of course, truly destitute families out there. But if those in the “middle class,” for whom the luxuries (using the definition above) are manageable, if financially straining, would choose to forgo them, they would be alleviating pressure not only on themselves but on the truly needy. It won’t pay the poor’s food and rent, to be sure, but it will help them feel a bit less “left behind.” Can you imagine the degree of zechus in that?

What, though, of the needs of those who are unable to meet even modest expectations? Klal Yisrael, being a nation of gomlei chassadim, providers of kindnesses, has among its members people of means who, individually or through various tzeddakos, help those in true need. But maybe something greater is needed, a sort of “Parnassah Superfund.”

It would entail the manhigim of each community (definition of which to be determined) appointing a person or small panel of people to administer a fund to which all the non-destitute members of the kehillah donate, say 5% of their yearly income. The fund’s overseers would discreetly distribute monies from the fund to families unable to shoulder all their financial burdens – food, shelter, tuition and modest simchos (yes, buffet-style). A sort of communal “single-payer” Jewish welfare system.

This, of course, is essentially the time-honored kehillah model. It has fallen into disuse, other than in some chassidishe groups, due to blurred community lines and the proliferation of tzeddakos that focus on particular needs.

Those tzeddakos are wonderful, but communal Parnassah Superfunds to augment them would be more wonderful still. They might even help alleviate the tuition crisis, by providing schooling funds to parents who otherwise would have to rely on mosdos’ scholarships.

Needless to say, such a project could only succeed with the participation of all the non-destitute members of a community, each according to his income. But if “community” is carefully defined, it might be a workable model.

And the Superfunds would also serve to unify each community – and all communities – in a common venture, empowering the kol Yisrael areivim factor in only a positive way.

CNN’s New Low

One needn’t be a Trumpaholic to know that certain media have a way of “reporting” that undermines truths.

Take a recent CNN headline: “Christian man prays with Jerusalem Muslims as religious tensions flare.”

The text, accompanied by a large photograph, elaborates:

“Nidal Aboud stood out as one among many. As the men around him bowed, he made the sign of the cross. As they chanted their prayers, he read the Bible to himself… He was the only Christian among thousands of Muslims at Friday prayers in the Wadi el-Joz neighbourhood, outside the Old City of Jerusalem.”  The prayers pointedly took place there because Islamic authorities forbade Muslims from entering the Temple Compound after Israel placed metal detectors at entrances to the site.

It was, CNN helps us understand, a “simple interfaith moment… a touching example of cooperation in a time of conflict.”

The conflict, of course, is the utterly deranged reaction of the Palestinian Authority, Hamas and the Waqf to the installation of the metal detectors, after two Israeli guards were murdered by a Muslim fanatic who emerged from the Temple Compound with a gun that he, or others, had smuggled onto the site.

No, the Christian’s joining in the Muslim prayer wasn’t “a touching example” but, rather, a typical one, of how, when it comes to irrational animus toward Israel, very different kinds of people, of entirely disparate beliefs, find common cause.

“Mr.” to Us

Something recently reminded me of one of the many lessons I was privileged to be taught by Rav Yaakov Weinberg, zt”l, (pictured here with me at my wedding) who served as Rosh Yeshivah of Yeshivas Ner Yisroel in Baltimore.

As an 18-year-old studying in the   Yeshivah in 1972, I watched him at first from afar, then learned from him up-close. The depth of his knowledge, his eloquent, brilliant analyses of Shas sugyos, and of history and science, made a deep impression on me.

His intellect and erudition, though, were mere tools with which he was gifted. His essence was his dedication to Torah, to emes, and to his talmidim – indeed, to all Klal Yisrael.

When I think back on the many times I telephoned Rav Weinberg from wherever I was living at the time to ask him a question about halachah or machshavah, or for an eitzah, I am struck by something I gave little thought to at those times: He was always available. And, I came to discover, not only to me. So many others – among them accomplished talmidei chachamim, rabbanim, and askanim – had also enjoyed a talmidRebbi relationship with Rav Weinberg. In my youthful self-centeredness, I had imagined him as my Rebbi alone.

Nor did his ongoing interactions with his talmidim prevent him from travelling wherever his services were needed. A sought-after speaker and arbitrator for individuals and communities alike, he somehow found time and energy for it all.

In the early 1980s, Rav Weinberg was asked to temporarily take the helm of a small   Yeshivah in Northern California that had fallen on hard times. He agreed to leave his home and position in Baltimore and become interim Rosh Yeshivah.

My wife and I and our three daughters lived in the community; I taught in the   Yeshivah and served as principal of the local Jewish girls’ high school. And so I was fortunate to have ample opportunity to be meshamesh Rav Weinberg, and to witness much I will always remember.

Like the time the yeshivah placed Rav Weinberg in a rented house, along with the yeshivah’s cooks – a middle-aged couple, recently immigrated from the Soviet Union.

Though Northern California has a wonderful climate, its winters can be cool, and the house’s heating system wasn’t working. The yeshivah administrator made sure that extra blankets were in the house, and an electric heater was procured for Rav Weinberg. (The cooks, it was figured, had been toughened by a colder clime).

After a week or two of chilly, rainy weather, it was evident that the Rosh Yeshivah had caught a bad cold. Someone went to his room to check the heater. It wasn’t there.

It was in the cooks’ room. Confronted with the discovery, Rav Weinberg sheepishly admitted to having relocated the heater. He “thought they might be cold” he explained.

We bought another heater. And learned a lesson.

But the particular memory that was recently jogged in my mind was of the yeshivah’s janitor. A young black man, his surname was Barnett. And that’s how we referred to him. “Hey, Barnett, how’s it going?” “Yo, Barnett, can you take care of this mess?” “Barnett, you working tomorrow?”

Once, Rav Weinberg heard one of us call out to the worker. Fixing his eyes on us, the Rosh   Yeshivah said, quietly but firmly, “Mr. Barnett,” pointedly articulating the “Mr.

What reminded me of that incident was a report about a commencement speech Supreme Court Justice John Roberts made at his son’s ninth-grade graduation from a prestigious New Hampshire school. He had much of worth to share with the boys, warning them, for instance, that their privileged lives will not insulate them from adversity, and suggesting that they take ten minutes a week to update and thank one of their former teachers with a written note (“Talk to an adult, let them tell you what a stamp is. You can put the stamp on the envelope”).

He also told them that, when they get to their new school, each of them should “walk up and introduce yourself to the person who is raking the leaves, shoveling the snow or emptying the trash. Learn their name and call them by their name during your time at the school.”

And so I was naturally reminded by that advice of Rav Weinberg’s “Barnett lesson” – that kvod haadam extends to every rung of the social ladder (and all the more so within Klal Yisrael’s social order!).

Then, suddenly, I realized that Rav Weinberg’ yahrtzeit, Shivah Asar B’Tammuz, was mere days away.

Yehi zichro baruch.

© Hamodia 2017

Make Learning, Not War

I don’t know about you, but until President Trump’s trip to the Middle East last month, I had never heard of a “sword dance.”

Trump and Secretary of State Rex Tillerson, you’ll recall, were welcomed to Saudi Arabia at the Murabba Palace, near Riyadh, where they joined a lively group of Saudis clad in traditional Arab garb and headdress in a ceremony known as the ardah, whose choreography includes the brandishing of swords, in rhythm with tribal chanting and drumming.

Sword dances, I came to discover, are a feature of much of the Arab world, but also of other cultures, like those of China, Turkey, India and Pakistan.

A sword is also the image on the Saudi national flag, and weapons of various sorts are prominent in other countries’ flags as well, like Angola (a machete), Kenya (spears), Oman (swords) and Mozambique (an AK-47 and bayonet). Hands clenching two AK-47s are featured on the Fatah movement’s flag, which also includes the image of a hand grenade and is graced with some blood-red Arabic text as well. (I can’t find a translation of the words but am pretty sure they aren’t “give peace a chance.”) Hamas’ logo settles for swords…

To read further, please click here.

POTUS and the Piñata

“Fire this ignorant teacher for inciting violence against our POTUS,” read one of the many overheated comments to l’affaire piñata (forgive the language cholent). “More indoctrination from the filthy left,” contended another commenter. On the other side of the controversy was someone who wrote, “Um … This is genius. This teacher deserves a medal.”

In case you’re unfamiliar with the Colorado contretemps that birthed the above: A celebration of the Mexican cultural holiday of Cinco de Mayo at Roosevelt High School, in the Rocky Mountain state town of Johnstown, included an assault on the aforementioned POTUS, or President of The United States.

Well, the assault, while physical, wasn’t on Mr. Trump’s person but rather on his countenance, which graced a piñata, a papier-mâché figure traditionally filled with sweets, released by celebrants’ banging at the container with sticks until it breaks. Which it did here, leaving the president’s smiling, if deflated, image lying on the ground as the candies were liberated.

Whether the teacher who oversaw the celebration, who was quickly suspended, was guilty of any crime isn’t clear. The contention of some present that the other side of the piñata featured Mexican President Enrique Peña Nieto certainly complicates any judgment.

The candy kerfuffle raises the issue of teachers’ conveying their personal political or social attitudes to their charges. That educators should not engage in overt politicking is entirely reasonable, of course; but entirely inevitable is that more subtle, and thereby more insidious, conveyances of their outlooks will take place.

I am reminded of my English class in 1970. Our teacher – I’ll call him Mr. Levin – was an unabashed liberal, an implacable foe of then-POTUS Richard Nixon, and a vociferous opponent of the Vietnam War, societal moral norms and all that stood in the way of what Mr. Levin considered progress. Teenage me, by contrast, was vocally contrarian whenever political or cultural matters came up in class readings, assignments and discussions; the teacher and I thus had many opportunities for what might politely be called dialectic. My grades in Mr. Levin’s class were not what I felt they deserved to be, but I attributed that to a persistent recurrence of the laziness with which I had been accurately diagnosed. I wondered, though, if there may have been more to my B’s and C’s than met the eyes.

And so, one day, when the members of the class were assigned to write a poem about any topic we chose, a devious idea dawned: I would write an entirely disingenuous anti-war sonnet, making no more of an effort than I ever did, just to see if it might affect my grade. I held my nose and did the deed. Sure enough, I received an A+, my first (and, I think, only) one. Mr. Levin even hailed my accomplishment in a glowing comment beneath the grade.

And people wonder why I can sometimes be cynical.

What I gleaned from that experience was the realization that grades sometimes reflect a grader’s biases rather than a gradee’s mastery of material or skill. And that teachers, being human, bring their personal attitudes and outlooks to their classrooms.

That truism escapes some public school parents, who delude themselves into thinking that their children’s minds are being filled with only facts and skills, not with the values of those into whose care they place their progeny. All classroom education, no matter the subject, involves a relationship between teacher and student. And so, the character and life-philosophy of a teacher is always – or always should be – an important consideration.

Including for those of us who entrust our children to Torah institutions. You won’t find anyone more dedicated than I to the view of secular education expressed by Rav Samson Raphael Hirsch. He rejected the valuation of secular studies as limited to their “practical utility,” an attitude, he maintained, that deprives young Jews from “the pure joy of acquiring knowledge for its own sake.” He asserted that secular learning can be “a road leading to the ultimate, more widespread dissemination of the truths of Judaism.”

But for that to be so, it must be transmitted by Jews who comprehend that purpose. If we dismiss “English,” the catch-all term for secular studies, as unimportant, and thus entrustable to teachers who have knowledge of facts but not the perspective for presenting them in a Torah context, we fail our children.

Creating a capable cadre of bnei Torah who can expertly teach writing, literature, science and history from an authentic Torah perspective requires the guidance of Gedolim. It is guidance, though, we do well to seek.

An edited version of this essay appears in Hamodia

Homicide Prevention

Observant Jews might be lulled into thinking that the issue of physician-assisted suicide doesn’t affect us personally. After all, while there are certainly cases where treatments may rightfully be declined by patients or, if incapacitated, their families, halacha clearly codifies the prohibition against actually acting to end a human life.

The societal issue, however, in fact very much does affect us. And not just because a culture that sees life as a commodity worth preserving only if it meets certain “standards” of liveliness flouts a universal, fundamental charge that the Torah directs at all human beings. But because societal sanction of ending the lives of “terminal” patients (and every living thing, of course, has a terminus, since Adam Harishon) may come to endanger our own lives.

No, not necessarily because of overzealous doctors and “mercy killers,” though both do exist. Dr. Jack Kevorkian may no longer be active; he departed this world himself in 2011, though not before helping 130 people (according to his lawyer) predecease him. Nurse’s aide Donald Harvey, who was recently beaten to death in his Ohio prison cell, claimed to have poisoned or suffocated 87 people.

The less obvious, more insidious threats, though, are… insurance companies.

Physician-assisted suicide is legal in several European countries and, in the U.S., in Washington D.C. and six states, including California.

Last year, an ailing California wife and mother of four, Stephanie Packer, who had been diagnosed with a terminal form of scleroderma, said her insurance company initially indicated it would pay for her to switch to a different chemotherapy drug at the recommendation of her doctors.

But shortly after California adopted its “End of Life Option Act,” which authorizes doctors to diagnose a life-ending dose of medication to patients with a prognosis of six months or less to live, Ms. Packer’s insurance company informed her that her coverage for the new drug had been denied.

She says that she then asked whether suicide pills were covered under her plan, and was told that, yes, they were, and that she would have to shoulder only a co-pay of $1.20 for the medication. A bargain.

There may have been no causal connection between the then-new California law and the denial of coverage for Mrs. Packer’s prescription. But it can’t be denied that, as physician-assisted suicide becomes available in more states, which will likely happen, it will be regarded by the public and by insurance companies as an enticing option to providing expensive life-prolonging medicines.

The New York State legislature is currently considering a bill that would permit physician-assisted suicide. What’s more, the New York State Court of Appeals, the highest state court, is considering a case that, if decided in favor of the plaintiffs, will legalize assisted suicide in New York without any legislative overturning of the current ban on the practice.

As reported before Pesach in Hamodia, the case, Myers v. Schneiderman, is an effort to claim a constitutional right to enlist help in committing suicide. The plaintiffs argue further that existing end-of-life laws were never intended to restrict terminally ill, mentally competent patients from deciding that they no longer wanted to live. Lower courts rejected the plaintiffs’ claim, which has now led them to the Court of Appeals.

Agudath Israel of America has filed a “friend of the court” brief in the case, pointing to the experience of its Chayim Aruchim division, which has handled hundreds of cases where critically ill patients and their families have been subjected to substantial pressure to allow physicians to withhold lifesaving treatment in end-of-life situations.

In many of those cases, health-care facilities have simply refused to provide the treatment the patient or his health-care proxy requested, claiming that the patient’s “quality of life” was so diminished that there was no point in pursuing treatment.

Agudath Israel’s brief asserts that health-care facilities have withdrawn nutrition, hydration, medication, and other forms of life support from patients even over “the adamant objections of the health-care decision-makers for the patient, and against the explicit wishes of the patient as stated in the patient’s advanced health-care directive.”

Whatever the fate of New York’s ban on assisted suicide, though, it can’t be denied that the idea that a person has a right to enlist others to help end his life is on the ascendant in contemporary society. It is, after all, consonant with the decidedly un-Jewish but nevertheless lauded concept of personal autonomy embraced by so many.

But it needs to be fought at every step, to protect the rest of us.

© 2017 Hamodia

Why I’m Not Bullish on Fearless Girl

For two decades, I’ve passed “Charging Bull,” the iconic bronze statue that stands near Wall Street, twice every workday when I walk from the Staten Island Ferry to my office in Manhattan. Now, I have to pass her too.

I was never particularly fond of the beast, which always struck me as a bronze descendant of the Golden Calf. Now ‘Fearless Girl,” a new statue of a young lady in high tops who leans in defiantly just a few feet from the bull’s horns, leaves me equally unimpressed.

Read more here.

Unfair Play

In the current polarized political atmosphere, where “team” mentality – “our guys are great, yours are bums” – seems to be the default state of mind, and where objective, thoughtful fairness is the rarest of birds, it must be particularly hard to be a black conservative Republican.

Like Justice Clarence Thomas, Stanley Crouch and Thomas Sowell before him, Dr. Ben Carson, the once-presidential candidate and now Housing and Urban Development Secretary, was recently reminded of the perils of that identity, when an entirely innocent comment he made was blown out of all proportion by a horde of players from Team Black and Team Democrat.

As he began his first full week leading HUD, which provides housing assistance to low-income people and development block grants to communities, and enforces fair housing, Dr. Carson spoke to a standing-room-only audience of the agency’s employees.

He praised them for their dedication to HUD’s mission of “helping the downtrodden, helping the people in our society to… climb the ladder.” And then he extolled the United States as a land of opportunity, saying: “That’s what America is about. A land of dreams and opportunity. There were other immigrants who came here in the bottom of slave ships, worked even longer, even harder for less. But they, too, had a dream that one day their sons, daughters, grandsons, granddaughters, great-grandsons, great-granddaughters might pursue prosperity and happiness in this land.”

The positively lupine reaction to that eloquent paean to America was to pounce on Dr. Carson’s pointedly loose use of the word “immigrant” with reference to African slaves brought to these shores in the 18th and 19th centuries. From the overheated comments that suffused the media, one would have thought that the doctor had extolled slavery rather than the aspirations of slaves, that he had made a direct comparison rather than a clear contrast.

Pundits and academics across the land rent their garments at the desecration, and Congressman Keith Ellison of Minnesota railed that Dr. Carson had shown a “stunning misunderstanding of history… a very scary thing,” and declared that the doctor’s perspective makes him unqualified to lead HUD.

I don’t know what sort of president Dr. Carson would have made, had he prevailed in the Republican primary. He certainly showed misjudgment by imagining that civility is something appreciated by the American electorate.

But I find it easy to envision that he might be just what an agency like HUD needs: someone who recognizes that, however dismal one’s past was or one’s present is, the healthy attitude is fortitude, seeing opportunity in the future and recognizing the role one can play in his own destiny.

Dr. Carson’s personal story exemplifies that well. A poor student in Detroit with, by his own recounting, an anger management problem, he “ask[ed] G-d to help me find a way to deal with this temper” and studied Mishlei. The passuk, he says, that spoke to him most powerfully was “Tov erech apayim migibor…” – “Better a patient man than a mighty one, [better] a man who controls his temper than one who overtakes a city” (16:32). He set himself to the task of self-improvement and earned a full scholarship to Yale, working summers as, variously, a clerk in a payroll office, a supervisor of a crew picking up trash along the highway and on an assembly line. At Yale, he worked part-time as a campus student police aide.

In 1984, when he was 33, Dr. Carson became the director of pediatric neurosurgery at Johns Hopkins University, the youngest doctor in America at the time to hold such a position. And he went on to distinguish himself, pioneering groundbreaking surgeries and receiving the Presidential Medal of Freedom, the highest civilian honor in the U.S., in 2008.

Interestingly, an American president, during a naturalization ceremony at the National Archives, made a similar point to the one that earned Dr. Carson such opprobrium.

He said that “Life in America was not always easy. It wasn’t always easy for new immigrants. Certainly it wasn’t easy for those of African heritage who had not come here voluntarily, and yet in their own way were immigrants themselves… But… they no doubt found inspiration in all those who had come before them. And they were able to muster faith that, here in America, they might build a better life and give their children something more.”

That was Barack Obama, in 2015.

Dr. Carson, in his speech, pledged to lead the agency with an “emphasis on fairness for everybody… complete fairness for everybody.”

How shameful that fairness seems to utterly elude the “team players.”

© 2017 Hamodia

Deportation Vexation

My wife and I don’t employ an undocumented housekeeper – or a documented one, for that matter. But we recently met someone in the former category. “Leah” greeted my wife and me as we arrived at the home of some friends who had invited us for a Shabbos seudah. Our hosts had not yet returned from the shul where they daven, and so I retired to the living room, and my wife went to the kitchen and spoke a bit with Leah, who had immigrated from south of the border.

It turns out that Leah loves working for our friends, and considers them among the nicest people she’s ever met. We weren’t surprised. We have good taste in friends.

It turns out, too, that she lives in fear of deportation, now that the administration is engaged in a crackdown on “illegal immigrants.” On February 6, Immigration and Customs Enforcement (ICE) agents began carrying out “fugitive enforcement operations.”

According to the Department of Homeland Security, more than 680 people were arrested in five cities that week.

It wouldn’t seem, though, at least at first glance, that Leah really has much to fear. The crackdown is aimed at criminal elements, and she, other than having immigrated unlawfully, is a law-abiding person. In the words of President Trump’s recent tweet, “Gang members, drug dealers & others are being removed!” Not housekeepers. Or gardeners, like the ones the president referred to in 2013 when, according to someone present, he told a group of young people born to undocumented workers: “You know, the truth is I have a lot of illegals working for me in Miami… my golf course is tended by all these Hispanics – if it wasn’t for them my lawn wouldn’t be the lawn it is; it’s the best lawn.”

In fact, going after undocumented criminals was precisely the policy of the previous administration, which deported no less than 409,849 people in 2012. In 2015, The ICE, in “Operation Cross Check,” arrested more than 2,000 undocumented immigrants with criminal records in one week. And even when the Obama administration shifted its enforcement priorities so that the vast majority of the estimated 12 million undocumented immigrants would not be subject to immediate deportation, it still went after convicted criminals, terrorism threats and recent immigrants with gusto.

So what, if anything, has changed?

Well, the language, for starters. Mr. Trump called the crackdown “a military operation,” though that description was walked back by White House press secretary Sean Spicer, who explained that the president had been speaking descriptively, not literally.

But there is, in fact, a larger pool now of potential deportees, more people deemed enforcement “priorities.” An undocumented immigrant needn’t have been convicted of a crime to be deported. He or she can simply be charged with a crime, or deemed to have committed an act that an immigration agent considers, on his own, a deportable offense. What’s more, for the first time, ICE policy now allows the arrest of undocumented immigrants who have only immigration violations on their record, if they happen to be discovered in the course of law enforcement actions.

That, it seems, is what Leah was frightened of. While stories of ICE personnel conducting random “raids” in various public places, and their supposed plans to arrest people on their way to worship have been decisively debunked, she had heard of undocumented people with traffic misdemeanors being arrested.

Leah might take heart in the president’s apparent shift on DACA, former President Obama’s Deferred Action for Childhood Arrivals program, which allows “dreamers,” people who illegally immigrated as children, to remain in the U.S. and work.

On the campaign trail, Mr. Trump vowed to “immediately terminate” the program. But – deeply angering some of his more anti-immigrant supporters – he has since softened his tone, calling most of the roughly 840,000 immigrants “incredible kids” and the topic of their status “one of the most difficult subjects I have.”

And while he weighs the issue of “dreamers,” and lawmakers of both parties in Congress are trying to devise legislation to carve out a special status for them, the administration is still issuing work permits to undocumented people under the DACA program.

That is an encouraging sign, at least to those of us who feel concern for young people brought over to the U.S. as children, and for all immigrants like Leah, who are only seeking better lives for themselves and their families. We Jews, both inherently and in light of our own recent history, should have a special appreciation of their hopes to one day become full-fledged American citizens.

© 2017 Hamodia