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U.S. Supreme Court
defers for Yom Kippur.
RON KAMPEAS
Jewish Telegraphic Agency
Washington
he only pleas Ruth Bader
Ginsburg and Stephen Breyer will
be hearing the first Monday of this
October are their own, for atonement.
For the first time in its 28-year tra-
dition of opening its sessions on the
first Monday of October, the Supreme
Court will forego arguments in defer-
ence to its two Jewish judges, who will
be observing Yom Kippur.
Instead, the seven other judges will
convene only to admit new attorneys
to the high court's bar and to
announce which cases they have decid-
ed to hear in the new season and
which they have rejected. Arguments
will begin on Tuesday, Oct. 7.
This is not the first time the court
has suspended arguments for the holi-
day. In 1995, the court suspended
arguments when Yom Kippur fell on
the first Wednesday of October.
Ginsburg, Breyer and Chief Justice
William Rehnquist — who had under-
gone back surgery — all were absent
that day. But the justices had opened
on schedule and heard arguments on -
Monday and Tuesday of that week.
This year's announcement said the
decision was made "so that Yom
Kippur may be observed."
According to a clerk of Justice Felix
Frankfurter in the mid-1940s, Louis
Henkin, such deference was unimagin-
able in the time of Frankfurter, a
Jewish justice who served on the court
from 1939 to 1962.
"Things have changed. Religious
demands have become more open, more
insistent," said Henkin, who is Sabbath
observant and lives in New York.
Henkin, now in his'80s, slept Friday
nights on the couch in Frankfurter's
chambers in order to attend the court's
weekly conference on Saturday. At the
conference meetings, Henkin would
not write.
Henkin's was not an unusual
approach at that time, said Marc
Stern, a church and state expert who
directs the Commission on Law and
Social Action of the American Jewish
Congress. "Jews were happy to have
been hired, to be on the court," Stern
said. The attitude toward Jews was
"more in the mode of tolerance than
of accommodation." ❑
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