Category Archives: issues of morality or ethics

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 talmid–Rebbi 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.

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.

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 18^th and 19^th 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.”

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.

Bursting Our Bubbles

Ever heard of Chartbeat? Assuming you answered no, well, neither had I, at least not until last week, when it was reported that the web analytics company released a new analysis of the reader preferences of 148 news organizations.

The apolitical company tracks what news stories are being read most at any given moment, along with where those readers came from and how long they spent on each story. Because so many news sources use the service, Chartbeat has abundant data that can be usefully crunched.

Which is precisely what two researchers at the firm did, first using readers’ political views to divide media into those tending to have more liberal readers and those with more conservative ones. The New York Times and the Washington Post are examples of the former; the Wall St. Journal and Forbes, of the latter.

The researchers then studied how many articles organizations in both groups published about a given news event, along with the amount of time their readers spent with the stories.

The Chartbeat analysis suggests that stories were generally covered equally by all the news sources, but that readers of particular political bent seemed to avoid certain stories: those challenging their pre-existent positions.

James Shepperd, a University of Florida professor of psychology, has written about that fact. “Generally,” he says, “people prefer information consistent with their beliefs, views and prior behaviors, and avoid information that’s inconsistent” with them.

That’s true not only in politics. One study of Belgian and Dutch soccer fans found that readers were significantly less interested in news about their favorite team after a loss. Losers tend, in the study’s neological nomenclature, to CORF, or “cut off reflected failure,” while winners prefer to BIRG, or “bask in reflected glory.”

That’s unfortunate. We lose out by not exposing ourselves to points of view diametric to those we currently hold. Whether those points of view end up helping us more finely hone our own different ones, or whether they make us reconsider our assumptions, they are exquisitely valuable.

By CORFing and BIRGing, as we are so often inclined to do, we deny ourselves the ability to truly objectively analyze happenings and topics. There are almost always two sides to any story, and an accurate conclusion can really only be reached by weighing them both.

As a certain ex-president said in his farewell address: “We [have increasingly] become so secure in our bubbles that we start accepting only information, whether true or not, that fits our opinions, instead of basing our opinions on [all] the evidence that is out there.” Perceptive guy.

There are, of course, certainties in life, convictions we rightly embrace without reservation. A committed Jew affirms that Creation has a purpose, and that the goals of his own life are defined by Hashem’s will as communicated through the Torah and its interpreters. Most people also consider near-certain the consensuses in specific realms of people presumed wiser in those realms, be they doctors, lawyers or tax advisors.

But to proclaim, without examining all sides of a particular controversial policy, action, official or piece of legislation, that we just know without question that it or he or she is good or bad is, in the end, an exercise in overreaching.

And even when we have made our personal analyses and taken positions and made the cases for our opinions, it is always beneficial to have in the backs of our minds – or perhaps even their fronts – a recognition of the fact that, for all our intelligence and best laid logic, we might still … possibly… be… wrong.

That realization is of more than philosophical import. It has a vital and practical ramification in the realm of human interaction, along the lines of Chazal’s statements (Berachos 58a and Bamidbar Rabbah, 21:2) that just as people’s faces are different from one another, so do they see things differently. A quest for truth requires us to perceive those with different views as, well, people with different views, not as illogical, intractable, irredeemable enemies of all that is good and right.

Newsprint, airwaves and cyberspace are saturated these days with precisely that latter sort of demagoguery; our society suffers from a malnourishment of modesty, not only in the realm of dress and mores, but in attitudes and stances as well. There is so little that any of us can truly know; yet so many are so certain of so much.

Trumpeting opinions that haven’t been honestly subjected to the test of different ones does not promote healthy, productive disagreement and discussion; on the contrary, it suffocates them.

What the Doctor Ordered

A Dutch doctor who ordered an elderly dementia patient’s family to restrain her as she was given a lethal injection was recently cleared of wrongdoing by a panel that considered the case.

In 2002, the Netherlands became the first country in the world to decriminalize physician-assisted euthanasia. Since then, thousands of Dutch citizens (more than 5000 in 2015 alone) have been helped by doctors to kill themselves. The law requires that the patient’s suffering be “unbearable and untreatable.” In four years, though, the number of mental health patients killed by euthanasia has quadrupled.

According to a report issued by a Regional Review Committee, the unidentified patient, diagnosed with Alzheimer’s disease four years ago, wrote a living will saying she wished to die when the “time was right.”

Her condition deteriorated and her aging husband, unable to care for her, had her admitted to a nursing home, where she told staff members that she wished to die, “but not now.” Although some doctors said she was “gloomy” and “hopeless,” one doctor reported her “cheerful and peaceful.”

The home’s senior doctor asserted the time was right because of a deterioration in the woman’s condition, and the woman’s husband concurred, although the report states that the patient had “never verbally requested euthanasia.”

A sleep-inducing drug was placed in her coffee, but the more than 80-year-old woman resisted the injection intended to kill her. The doctor then asked the relatives of the woman to hold her down while she administered the lethal injection.

“I am convinced that the doctor acted in good faith,” said Jacob Kohnstamm, the committee chairman, although he added that “we would like to see more clarity on how such cases are handled in the future.”

Part of the calculus for achieving that clarity, whether made explicit or not, will be economic considerations. A University of Calgary study recently published in the Canadian Medical Association Journal identified “substantial savings” that Canada, whose doctor-assisted euthanasia law closely resembles the Netherlands’, can reap from its annual health budget by killing willing patients rather than caring for them.

End-of-life care can be long and expensive, the report explains, while euthanasia costs just a few dollars per patient.

Here in the U.S., the Supreme Court ruled in 1997 that there is no Constitutional right to assisted suicide, but that states have the power to allow or prohibit it. To date, five states have passed laws permitting the practice.

Despite the power of states here, issues pertinent to physician-assisted suicide laws can still wend their way to the nation’s highest court.

In 2006, for example, then-Attorney General John Ashcroft tried to halt physician-assisted suicide in Oregon by contending that prescriptions written for that purpose did not meet the Controlled Substances Act’s requirement of serving a “legitimate medical purpose.”

The High Court ruled that Mr. Ashcroft could not block the law that way, but in a dissent to that ruling, the late, lamented Justice Antonin Scalia asserted that the legitimacy of physician-assisted suicide “ultimately rests, not on ‘science’ or ‘medicine,’ but on a naked value judgment.”

In a speech two years earlier about a different subject, Justice Scalia raised the specter of assisted suicide one day being embraced by the Court. After decrying the Court’s discovery in the Constitution of “a variety of liberties” that “were so little rooted in the traditions of the American people that they were criminal for 200 years,” Mr. Scalia added that his colleagues might be prepared to discover a Constitutional right to assisted suicide, too.

“We’re not [yet] ready to announce that right,” he said, sarcastically. “Check back with us.”

Justice Scalia’s death last year made that facetious comment less humorous. Thankfully, though, the man designated by President Donald Trump to assume Mr. Scalia’s still-vacant seat, Judge Neil M. Gorsuch, has a clear paper trail on the issue, in the form of his 2006 book “The Future of Assisted Suicide and Euthanasia.”

“Human life is fundamentally and inherently valuable,” Mr. Gorsuch wrote, in support of the existing laws in most states barring assisted suicide.

Society’s task, he said, was balancing “the interests of those persons who wish to control the timing of their deaths and those vulnerable individuals whose lives may be taken without their consent due to mistake, abuse or pressure in a regime where assisted suicide is legal.”

In light of cases like the Dutch patient’s, and calculations like those in the University of Calgary study, a perceptive, thoughtful, conscientious mind like Judge Gorsuch’s on the High Court is just what the doctor ordered.

Rabbi Avi Shafran

Reflections on Jews, Judaism, Media and Life