Purely Commentary
Exposing the 'Jewish Vote' Exaggerations
and the Misrepresentations vis-a-vis Israel
By Philp
SlomoVitz
"'The State's police power
within very broad limits, protect
the parents and their -children
from public aggression of pan-
derers and pushers. This is de-
fensible on the theory that they
cannot protect themselves from
such assaults.'
"To attack Mr. Justice Fortak
on the basis of his votes in two
per curiam decisions (Sandman
and Jacobs) therefore is to dis-
tort the record. His vote in the
first Ginzberg case, to the extent
that one can isolate his views
from those of the other justices,
• * *
reflects a developing sensitivity
to the complexities of the prob-
Ethnic Considerations . .. Distortions Regarding
lem, a realistic appreciation of
Jewish Vote . . . Misrepresentations About Arms
the significance of the way chal-
Both political parties often make appeals to ethnic groups and
are
lengedfilms and books
there is so much talk about a Jewish vote, a Polish or an Italian or
marked, and a concern with the
every other conceivable voting power, that basic facts often are mis-
peddling of obscenity to the young.
represented and too-frequently distorted.
One need not agree or disagree
And in relation to the current political campaign there has been
with the Court or with Mr. Justice
the injection of the Middle East issue which has brought about mis-
Fortes, I for one do not agree. I
understandings regarding the arms race and Israel's need for de-
have argued that the burden of
deciding obscenity cases should
fensive weapons.
be shifted to the local juries and
One misunderstanding should be set in order immediately. One of
away from appellate courts. But
the poll-takers saw fit last week to state that Americans are over-
surely one can see, from Mr. Jus-
whelmingly opposed to the sending of American troops to defend
tice Fortes' record since his ap-
Israel. When, indeed, has Israel ever asked for such assistance? Isn't
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•
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pointment, a commendable, judi-
it an established fact that even in the very crucial period in May of
cious temperament wholly unde-
1967, when the Arab states, under Nasser's leadership, threatened to The Anti-Fortas Character Assassination
destroy Israel and to annihilate it and its people, Israel stated most
It is incredible that people in responsible positions, men charged serving of the kind of attack which
emphatically that it did not want outside manpower to assist it in its with the duty of judging issues on their merits, honorably, without pre- has been launched against him
defense? All Israel asks is assistance to balance the military strength judice, could possibly have sunk to the levels of those who have organ- in the Senate.
of those who threaten its destruction, and the Johnson pledge was for ized the campaign against Supreme Court Justice Abe Fortas; that a
"Finally, to attack Mr. Justice
the type of plane that would provide the urgently-needed defense.
responsible newspaper could possibly have resorted to a term like Fortes on the basis of two per
A Free Press editoriial on Sept. 19 missed many points, especially "Tricky Abe" even if it sought to equate it with the "Tricky Dick" curiam decisions is dangerous, be-
cause it threatens not only this
one relating to the arms race. Israel has asked for an opportunity, reference.
So much dirt had been smeared in newspaper pages, in the Con- specific judicial appointment, but
jointly with the Arabs, to establish a policy of reducing the race, but
Arabs refuse to negotiate in any matter that might indicate that they gressional Record, over the air in news broadcasts, that one begins to involves fundamental constitutional
recognize Israel. To speak, therefore, of such an issue that places wonder whether the lesson taught by the smears in the Louis D. Bran- considerations as well. At stake in
Israel on the defensive in humanitarian consideration is to render an deis experience could be learned in our time. But the statesmen (sic!) these cases is the sensitive balance
who threaten to defeat the President's nomination and at the same time to be struck between a society's
injustic4
to besmirch the character of the Supreme Court justice may not know interest in protecting itself from
And it was utterly foolish to speak of Russia supplying arms to
past history. Which makes the conflict in the Senate over the Presi- smut, and its deep need to pre-
"the two sides in this persistent struggle." When did Russia ever give
dent's nomination all the more puzzling.
serve and enhance freedom of
Israel weapons? Israel does have Russian tanks, but these were the
As time proceeds ,new "evidence" is being unearthed—like that of artistic and literary expression.
captured vehicles Israel secured from the Arabs in the Six-Day War. the fees
that were paid Mr. Justice Fortas for nine university lectures. The Constitution places the re-
Adding fuel to misrepresentations, Carl Rowan, in his syndi-
But it had been affirmed that he did not ask for fees—that they were
cated column, so muddled the Issue and muddied the waters that voluntary remunerations in appreciation for much-desired legal pres- sponsibility for determining where
that thin line is to be drawn on
one wonders whether there is hope for rationality in testng the
entations. That's not an argument—especially for U. S. Senators and the nine justices of the Supreme
Middle East situation. Rowan, like the Free Press, and others who
others in government, the judiciary and the legislative circles who have Court. It should remain there.
been
misled
by
the
false
search-for-the-Jewish-vote
charge,
have
been in the habit of receiving high fees for public addresses—fees much
"Moreover, if Mr. Justice For•
injected an unfortunate thought into the discussion over the position higher than the nine-for-$15,000 received by Mr. Justice Fortas.
of Israel. There is an approach to hi-partisan efforts to eliminate
But the politicial sleuths are not to be sidetracked: they even tas is to be punished for his votes
in
the two obscenity cases above
injection of the Middle East issue into the political campaign, but
learned that Mrs. Caroline Fortes, who was the high court justice's law
it serves the purpose of gossipers to give the impression that Hum-
partner, is earning $250,000 a year! What a crime that the justice's wife mentioned, consistency would re-
phrey (why not apply it also to Nixon?) is after the Jewish vote in
should earn more than her detractors and the Fortes enemies could quire that a majority of the Court
his endorsement of the need to keep Israel protected by adhering
have used an equally strong argument that a woman (how dare a be impeached.
to a pledge to provide the Jewish State with defensive Phantom Supreme Court justice have such a wife?) can be a cigar-smoker! Give
"The time is long past when
jets. Meanwhile Rowan has resorted to so many half-truths that he
the Senatorial sleuths time: they may resort to this argument as well! the Senate should be allowed to
has become a party to the spread of unfortunate delusions regarding
And so, Senator Joseph Clark of Pennsylvania believes there is an express its judgment whether, on
Israel's role in the Middle East and America's friendship for IsraeL' anti-Semitic link to the opposition to Fortes. Well, we still reject the the basis of Mr. Justice Fortes'
On the basis of these established facts, isn't it time there was an charge that Senator Robert Griffin is an anti-Semite, but he did entire career, it , consents to his
join those who are conducting a character assassination — and that appointment as a fit Justice of
end to misrepresentations?
And now, on the issue created over what has been termed a Jewish negates his insistence—within days after he had started his campaign the United States. That judgment
against Fortas—that once having decided on a program of action on the ought not to be frustrated or ob-
vote:
Arabs are utilizing it in attacks on both major candidates for the President's nomination he could not change it. The genius of a man is scured by a fixation on votes in
his
being able to admit an error and to change a procedure: this Sena- two recent obscenity cases, both
Presidency. What is being overlooked is that there is an established
decided without opinion."
American policy which is being echoed by the candidates, and if there tor Griffin is yet to prove.
Griffin and his associates who have charged that the accusation
Law professors and deans in
ever was favoritism (especially in the pro-Hussein position taken by
that
there
is
anti-Semitism
in
the
opposition
to
Fortas
stems
from
the
many universities were greatly an-
our government—contrary to the ridiculous comment in the Free Press
White
House
are
exuding
a
lot
of
hot
air.
It
was
the
conservative
noyed
by the resort to character
editorial), it is the State Department's leaning towards Arabs as
American Jewish Committee that declared that while the Fortas case assassination in the Fortas case.
against Israel in most instances.
is not viewed by them as being rooted in anti-Semitism, "it seems The New York Times, in an edi-
Sure, there is a Jewish vote: a vote by Jews as Americans who clear that anti-Semites and extremists are exploiting it."
torial condemnation of filibusters,
will be found in all parties (we hope too few of them will be in the
Now we come to the root of the matter. Not all people in responsi-
Wallace ranks), and it may well be said that there will be divisions ble positions condone what is happening in the United States Senate. stated:
"There Is an added reason
among Jews as among non-Jews: those who accept a Nixon attitude There is and has been an effort to point to the rationality of truth, to
for the Senate to act and vote
will be for him, those of us who believe that Humphrey is the preferred the dignity of the justice who is under attack—as well as his ability to
without undue delay. The new
candidate will continue to support him.
hold the high office for which he was chosen—the truth relating to some
Supreme Court term opens Oct.
The entire Free Press editorial approach was wrong, deceptive, of the charges, especially the canard about pornography which has been
7. For a filibuster to be in prog-
deluding, misstating facts. The truth is that the Arabs continue to demolished by many. On the question of Mr. Justice Fortas' position on
ress while cases are being
dominate in point of armed strength, as was shown in the following pornography, a very Important letter was written to the Washington
heard—and while Associate Jus-
<>Post by Dean Emeritus Joseph
table published last week in Time Magazine:
0
tice Fortas, on the bench, is in
O'Meara of Notre Dame Law
daily danger of having his name
Total Arab
School who called attention to the maligned—would be disruptive
JORDAN IRAQ EGYPT Forces ISRAEL fact that the justice who is under
SYRIA
ARMED FORCES
and an intrusion upon the judi-
255,000
353,000
180,000
70,000
53,000
ARMY—Total .manpower .. 50,000
611/2
21 attack voted with four other jus- cial branch of the government.
261/2
13
9
13
Infantry brigades
tices in one case—that of Schack- When the new October term be-
Armored personnel
man v. California—and with a ma- gins, the Chief Justice should
200
1,650
800
500
350
carriers
' 250 jority to uphold the conviction of be Abe Fortas."
300
210
30
60
Artillery pieces
Mish-
It is not too late for men of
11 Ralph Ginzburg and Edward
14
6
3
3
2
Armored brigades ......_
i 800 kin in another important case, and good will to sit down and to rea-
1,940
575
700
235
430
Tanks
he stated in his letter which should son together. But people, regret•
The New
1
1
11/2
1/2
Paratroop brigades
14,000 be read by all who desire to es- tably, read only what they want
35,750
15;000
Order
10,000
1,750
AIR FORCE, Tot. manpower 9,000
68
15 tablish a sense of justice and de- to read, and they listen only to
50
18
Bombers
of Battle
what they wish to assuage their
889
273 cency in public discussions:
500
20
214
Fighters
155
"More recently, and again with consciences. Is it to be expected,
35
134
68
40
8
18
Revealed
Transports
Justice
Fortas,
support
of
Mr.
the
therefore, that those who have
51
20
50
92
8
14
Helicopters
in Time
270 the Court dealt with "variable built up a case against Fortas will
400
• 785
215
20
Combat-ready aircraft .... 150
6,000 concepts of obscenity," holding pay attention to the spokesman for
15,750
2,000
12,000
1,500
250
NAVY—Total manpower
6
6
1 that the First Amendment does American University which enthu-
Destroyers
13
13
3 not preclude legislation to pro-1 siastically paid the $15,000 fee; or
Submarines
63
9 tect children from materials to the impassioned defense by the
46
Torpedo boats
17
11 which might not be "obscene" if dean emeritus of Notre Dame Law
41
32
Patrol and escort boats
9
4 purveyed to adults. In his sep- School?
21
21
Landing craft
ate opionin in that case. Ginzberg I To the blind and the deaf it is
10
8
2
Minesweepers
v. New York, decided April 22, even difficult to say: "come and
1968,
Mr. Justice Fortas stated:
I let us reason together-!'
THE
DETROIT
JEWISH
HEWS
2—Friday, September 27, 1968
'What's the Score, Rabbi?'
Many years ago, when the Washington Senators were a very pop-
ular team and Congressional attendance was cut into by absentees who
went to the ball game, the few loyalists in the Senate seemed more
interested in what was happening on the capital city's diamond than in
the nation's legislative proceedings.
So, during a crucial debate, one of the Senators arose, and address-
ing the Vice President who was in chair, asked, for the benefit of his
colleagues a parliamentary—but informative—question:
"Mr. President, am I in order to state that the Senators are_leading
by a score of 2 to 1?"
And the reply was: "The Senator is out of order."
Similarly to be out of order, will there be an inquirer, this Yom
Kippur, who, during the Mussaf service, will be asking: "What's the
score, Rabbi?"
Is there a Polish vote? Congressman Dingell found it necessary to I
rebuke Vice Presidential candidate Spero Agnew for referring to
"Polacks." Agnew has apologized for that and for using the term
"Jap." Politicians often must learn their lessons — and too often
they result from rebukes.
At any rate, it is high time to place politics on a dignified level,
and the constant resort to an Arab-inspired claim of a Jewish vote
being utilized as a partisan Israeli issue is wrong and is both harmful
to American Jews and insulting to the intelligence of American citizens.
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The Puzzling Political Shenanigans
Political analysts often jump to conclusions, but on the basis of
what happened in 1968 there isn't a wiseacre who won't admit that he
is puzzled.
Lots of people have turned the White House over to the GOP thus
far in advance, but many people are yet to be heard from — and the
silent voter again is the chap who creates uncertainty.
President Johnson's endorsement of Vice President Humphrey's
candidacy is heartening, and we await anxiously a similar move by
Eugene McCarthy. But there still is the group of stubborn people who
are blind to reality—especially those who are shouting that they won't
vote (Shades of General George Marshall who never voted at all !).
So—we have some suggestions to these stubborn people:
They could vote for Mrs. Charlene Mitchell, the Communist Party
candidate.
There is, of course, George Wallace, who wants a police state.
And—(more shades of the past)—Strom Thurmond is not a candi-
date, but, oh, what a role he plays in American politics!
There are choices—and choices!
And as an admonition to the skeptics: don't depend on polls—
voters elect, not pollsters . . . the V-P, H.H.H., will yet emerge
the victor!
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