"..* ••.••• • , PAST • , •.?: • • • , PIMENT , Jewish Justice The Senate's likely confirmation of Stephen G. Breyer for the Supreme Court will mean that two Jews will be sitting on the High Court for the first time since 1938. By joining Ruth Bad- er Ginsburg on the bench, Judge Breyer's pres- ence will replicate — at least as far as religious affiliation goes — the only other time two Jews were simultaneously on the Court: the six years between 1932 and 1938, when both Louis Bran- deis and Benjamin Cardozo were justices. In fact, President Clinton's appointment last year of Justice Ginsburg to the Court marked the restoration of the Court's so-called "Jewish seat": the uninterrupted presence of a Jewish justice from the 53 years that began with Jus- tice Brandeis' Senate confirmation in 1916 to Abe Fortas' resignation from the Court in 1969. But what does it mean for there to be a "Jew- ish seat," or, in the case of the Brandeis-Cardo- zo and, presumably, the Ginsburg-Breyer phenomena, "Jewish seats"? Does the Jewish experience and the prime Jewish concept ofjus- tice — melding justice with charity — inform the deliberations and decisions of these Jewish justices? Further, does a Jewish justice vote exclusively for "Jewish interests" and "Jewish causes"? And is such a voting pattern desirable? These questions get to the heart of being a Jew — and of being a Jew in America. They address the particularity of Jewish experience and the universality of Jewish teachings and wisdom. One assumes — one hopes — that Judaism is not so insular that its wisdom applies only to a the small fraction of Americans who call them- selves Jewish; and that the Jewish experience, especially in regard to minority rights and oc- casional minority oppression, can be extrapo- lated beyond the immediate borders of the Jew- ish community. If not, then Jews are 1) only speaking to themselves; 2) in danger of being isolated from the rest of the country; and 3) prac- tice a religion that is prophetically pretentious. But if a Jewish member of the Court myopi- cally favors "Jewish issues" while on the Court, then neither justice nor America are being served. Such a justice is merely the proxy of yet another tunnel-visioned interest group. From what is so far known about Judge Breyer, he will unavoidably be a justice who is a Jew, but probably not a "Jewish justice." Morton Horwitz, a legal historian and former faculty colleague of Mr. Breyer's at Harvard Law School, told the New York Times that the nom- inee has little in common with such past Jewish justices as Brandeis, Cardozo and Felix Frank- furter. "Breyer's social instincts are conservative," said Mr. Horwitz. "If we still believe there is this social justice strand in the best version of the American judiciary, and that's what all these Jewish justices stood for, Breyer doesn't stand for that. The words 'social justice' would some- what embarrass him." While hoping that Mr. Breyer is never em- barrassed by either his beliefs or the imperative of "social justice," we also hope he never forgets that the same Hebrew root is used for "justice" and "righteousness," that the thought and prac- tices of the Jewish people have been strongly molded by this concept and by the conviction that the world is preserved by "truth, justice and peace." This does not mean that he has to be a "Jewish justice" in the most narrow sense of that word. Just that he should temper justice with mercy and fairness with charity. The "S" Word Given its importance to all of us and the range of emotional buttons associated with sex, the Conservative movement's attempt to steer a mid-course through the troubled waters of con- temporary sexual mores was destined from the get-go to upset traditionalists, Orthodox or otherwise. No sooner had a commission of the movement's Rabbinical Assembly issued a pre- liminary report stating that non-marital het- erosexual sex could embody "holiness" than critics condemned it for undermining the sanc- tity of the Jewish family (while the report also touched on homosexuality, its comments on het- erosexual marriage have received the most at- tention). Given the radical societal changes that have already altered traditional family life, does the report contribute positively or negatively to Jew- ish identity? Judaism strongly advocates marriage as the ideal, and the report by the RA.'s Commission on Human Sexuality underscores that teaching. Moreover, for holiness to be present in a non- marital relationship, the report states that core Jewish values — such as respect for one's part- ner, honesty, fidelity, modesty and Jewish ritu- al practice — must be exercised. Critics argue that is not enough; that it is use- less to advocate proper action and then, in their view, undercut the institution conditional from which all else is supposed to flow. Would we prefer a situation in which all het- erosexual couples married and then raised chil- dren in a loving, Jewish environment? Of course. Can promiscuous, non-marital sex be psycho- logically and spiritually damaging (not to men- tion the physical dangers most dramatically represented by AIDS)? Of course. As issued, the report was intended as a start- ing point for debate within the Conservative movement on one of the most vexing areas of hu- man activity. That the Rabbinical Assembly is willing to publicly wrangle with the issue is note- worthy of praise. Letters Council President Corrects Statement In the May 13 Jewish News, a re- porter stated that I felt that the Jewish Community Council's 'traditional liberal stance on abor- tion and the Middle East peace process" kept the "Orthodox corn- munity at arm's length from the Jewish Community Council." This statement in no manner reflects what I feel, what I said, or what is true. The Jewish Corn- munity Council board has rep- resentation from all segments of the Jewish community, includ- ing some Orthodox members. I am aware that Orthodox Jews are not a monolithic communi- ty with common views. I am quite certain that Orthodox Jews view the Middle East peace process in as many ways as non- Orthodox Jews. Furthermore, the past three years or so have seen an in- creased level of participation from all segments of our com- munity with the Jewish Com- munity Council ... As I conclude my term as pres- ident of the Jewish Community Council, after three years of pos- itive, accurate and fair reporting, I regret that I feel I had to write to correct the impression that I had made such a statement. the great work of these two men, they are changing. These two men have been a vital part of this metamorphosis. Arnold Michlin Farmington Hills The Chain Of Responsibility The April 29 editorial states that the Jewish Federation should "fo- cus its talent and resources on its core business — our collective fu- ture and the raising of funds to provide for it." Yet, only a few lines previous- ly you state that Israel travel desks are not part of Federation's mission. Surely, the statistically high correlation between the Is- rael experience and its effect on young people and their Jewish identity is undisputed in its cru- cial role in strengthening "our col- lective future." The Michigan/Israel Connec- tion is far more than an "Israel travel desk." It is a proven, force- ful operation working diligently toward providing a spiritual and physical link between young Jews and the state of Israel, a link which sadly cannot be tak- en for granted in younger gener- ations. Jeff Kaye Community Shaliach Editor's note: The editorial stated, Jeannie Weiner "Running bus services,neighborhood Jewish Community Council loan projects, information services, Editor's note: Staff writer Lesley Pearl Israel travel desks and other stands by the accuracy of the article. programs that are not part of Federation's mission should be left to the communal agencies Federation- Two Priests raised dollars support." Are Lauded Our community is suffering two great losses. We were fortunate in having Bishop-elect Alex Brunett "on our side" for so many years — and Monsignor Leonard Blair for the last few years... We were lucky to have these two wonderful men as vigorous friends. We look forward to their frequent returns to visit family here. Both have left their mark in the Jewish community. They have helped alleviate and reduce centuries of prejudice by bringing a sensitive and sensible approach to Catholic- Jewish relations. Their work to foster learning about Juda- ism and Jews has borne much fruit. Old habits die hard, but due to Condemnation Of Bigotry The condemnation by Judge Da- mon J. Keith of the bigotry and anti-Semitism currently es- poused by some radical black na- tionalists belies the concerns expressed by the community leaders who, in recent days, have written The Jewish News re- garding the present state of black-Jewish relationships. Judge Keith's comments have been endorsed by a variety of community leaders, black and white. What The Jewish News com- mentators seem to ignore is the CONDEMNATION page 8