“Our Hope Is Not Yet Lost” – Haaretz Op-Ed

I am reprinting below the lead editorial in the Israeli daily newspaper (Hebrew and English editions) of Haaretz on July 25, 2023. It reflects the position of the majority of Israeli citizens across political, religious, and demographic lines who have been demonstrating in the streets throughout Israel over the past seven months, as well as thousands of Israelis living in Diaspora communities and major American Jewish communal and religious organizations. It spares no punches and shines a light on Prime Minister Netanyahu’s desperate and destructive effort to stay out of jail on corruption charges and on the chaos he has wrought over many years using divisive and hostile rhetoric against any Israeli political party, NGO, or group of Israelis and Diaspora Jews that criticize him and his government’s policies by insinuating that they are treasonous.

Leaders of the Israeli opposition are being called upon, despite the gravity of what this government is doing and plans to do, not to give up the fight for Israeli democracy. Petitions are currently being drafted for the Israeli Supreme Court to reject the “reasonableness standard” legislation that passed in the Knesset earlier this week.

Our Reform movement in Israel, represented by the Israel Movement for Reform and Progressive Judaism (IMPJ) and the Israeli Religious Action Center (IRAC), called upon more than a thousand leaders of the North American Reform movement yesterday (July 25) in an international webinar to keep in mind the following and to stay active on behalf of Israeli democracy:

  1. There is far more to the government’s anti-democratic actions than judicial reform. The government’s efforts also are an assault on religious pluralism in the state and on Reform movement rights as a religious minority;
  2. Do not allow the rights of the Palestinians to get lost in the dust of this judicial struggle. Palestinian rights and the rights of all minorities in Israel (e.g. LGBTQ, women, Palestinian-Israeli citizens, Druze-Israeli citizens, etc.) are at stake as are the rights of the Palestinian people to a state of their own alongside a secure Israel;
  3. We American Jews who have personal relationships with our congressional representatives in Washington, D.C. are urged to make contact with them and encourage them to contact Israeli Members of the Knesset whom they know to express their support for Israel’s democracy and against the Israeli government’s extremist anti-democratic actions;
  4. Make contact with your Israeli friends and family and let them know you are with them and support them in this time of crisis;
  5. Urge your American Reform synagogue to partner with an Israeli Reform synagogue – contact the Association of Reform Zionists of America (ARZA) at https://arza.org/;
  6. Do not call for American aid to Israel to become “conditional.” Already, American law conditions military aid around the world. Nothing more is necessary and to punish Israel will send the wrong message to Israelis and to American allies around the world about American intentions vis a vis the State of Israel. There are many ways that the Biden administration can influence Israel, and we should be advocating that the President exercise that influence strongly and effectively now. Conditioning American aid further than what the law already states in the midst of this crisis would be counter-productive;
  7. Join with Israelis in America on Motzei Shabbat (Saturday evenings) who are demonstrating against what the Israeli government is doing – see https://www.unxeptable.org/events?utm_medium=email&utm_content=2023_7_25;
  8. If you travel to Israel and wish to join the Saturday night protests, our Reform movement will connect you to communities with which you can march in solidarity. Phone +972-2-6203448;
  9. Become a member of the Association of Reform Zionists of America (ARZA) – https://arza.org/arza-membership/ – ARZA is the largest Zionist organization in the American Zionist Movement and the Israeli Reform movement needs us as their partners in this battle for the soul of Israel;
  10. Contribute to the IMPJ/ARZA Emergency Fund – https://reform.org.il/en/campaign-2023/

It is far too soon to give up on the greatest accomplishment of the Jewish people in the past 2000 years – the establishment and development of the modern democratic and Jewish State of Israel.

Here is that Haaretz editorial:

“The 64 Knesset members who voted on Monday in favor of the law canceling the reasonableness standard have struck a serious blow to the State of Israel’s infrastructure of democracy and have signaled the direction in which they plan to take the country, namely dictatorship. They did it in a Knesset empty of opposition lawmakers, befitting of an imperious group that chose to ignore the millions of citizens who took to the streets for weeks to express their concern about the change in Israel’s democratic structure.

‘We are defending Israel from an internal threat,’ say military reservists

All those 64 will be remembered forever as being responsible for crushing the rule of law and fatally undercutting the separation of powers. Even the moderate forces in the coalition, who worked to forge a compromise with the opposition and soften the terms of the law, will not be able to wash their hands of it. They are no less responsible for this black day than the law’s architects – Justice Minister Yariv Levin and Constitution, Law and Justice Committee Chairman Simcha Rothman.

But the heaviest blame falls on Benjamin Netanyahu. The most destructive prime minister in Israel’s history has again proven that he is prepared to sacrifice Israel’s democracy for his personal political survival. Netanyahu is smashing Israel into tiny parts using the divide and conquer method. He incites and stirs up emotions, disrupts, tears the social fabric, crushes the rule of law and weakens the judicial system – all in order to escape the horror of judgment. Netanyahu is taking revenge on the system that decided to put him on trial, and along the way he is taking revenge on the entire country.

Following passage of the law on Monday, Levin and National Security Minister Itamar Ben-Gvir made clear that this was only the beginning. “We have taken the first step in the important historical process of reforming the judicial system,” Levin said. Ben-Gvir promised that “we must pass the rest of the reform, primarily the change to the composition of the Judicial Appointments Committee and the change to the powers of ministry legal advisers.” There is no mistaking their intention. The change in Israel’s constitutional structure aims to turn the country into a theocratic, bigoted, racist and dark state, where women, LGBT people, Arab citizens and other minorities will be discriminated against; a country that will annex the occupied territories and establish an official rule of apartheid.

Monday was a sad and painful day for everyone who holds Israeli democracy dear. However, the last few weeks have proven that the battle is not lost; that the democratic camp, which in recent years seemed to have lost its way, has consolidated and become a mighty force ready to sacrifice itself for the high values of democracy, liberalism and rule of law. The leaders of the opposition fully appreciate this and therefore did not agree to a compromise that amounted to a horse trade in democratic values.

The democratic camp must fight until victory. It was a painful loss in battle on the way to victory in Israel’s second war of independence.”

Reform Movement Responds to Israeli Government’s Vote to Weaken Israel’s Supreme Court

July 24, 2023

“Today is a sad day for Israel’s democracy. The passage of the amendment removing the Supreme Court’s jurisdiction to overrule decisions and appointments of Israel’s Government using the legal standard of “reasonableness” will reduce the checks and balances placed on the government. This is the first significant step of the ruling coalition to move forward with their judicial overhaul and pass their radical legislative agenda.

The Reform Movement in North America vehemently condemns the strong-arm tactics of the current coalition as they push through this divisive legislation which imperils Israel’s already-fragile democracy. This could have been a moment for Netanyahu to unite the nation and secure Israel’s standing in the world as a strong and leading democracy. Instead, the concerns of the majority of Israelis and Jews across the world, including the hundreds of thousands of Israelis who have taken to the streets in recent days and the thousands who marched from Tel Aviv to Jerusalem, have been ignored.

The upcoming holiday of Tishah B’Av, when the Jewish people mourn the destruction of the First and Second Temples, is widely recognized in our tradition as punishment for our ancestors’ internal intolerance and hatred. Seventy-five years after its creation, the modern Jewish state of Israel is being threatened by extremists, which we know from history can only bring calamity upon our people.

As the largest Movement in Jewish life outside of Israel, we remain committed to the State of Israel, its people, and the values outlined in its Declaration of Independence. We are deeply committed to strengthening the institutions of Israeli civil society, specifically the Israel Movement for Reform and Progressive Judaism (IMPJ), which is leading the fight to keep Israel a Jewish and democratic state. As MK Rabbi Gilad Kariv stated, “We lost this battle, but we will win in the end.” We call on the members and institutions of our Movement to lean in and support our partners in Israel, strengthening their resolve to preserve Israel’s democracy.”

Union for Reform Judaism
Jennifer Brodkey Kaufman (she/her)
Chair

Rabbi Rick Jacobs (he/him)
President

Central Conference of American Rabbis
Rabbi Erica Asch (she/her)
President

Rabbi Hara E. Person (she/her)
Chief Executive

American Conference of Cantors
Cantor Seth Warner (he/him)
President

Rachel Roth (she/her)
Chief Operating Officer

Women of Reform Judaism
Sara Charney (she/her)
President

Rabbi Liz P. G. Hirsch (she/her)
Executive Director

Men of Reform Judaism
Rob Himmelstein (he/him)
President

Steven Portnoy (he/him)
Executive Director

Association of Reform Zionists of America
Daryl Messinger (she/her)
Chair

Rabbi Josh Weinberg (he/him)
Director

Reform Jewish Community of Canada
Len Bates (he/him)
President

Reform Rabbis of Canada
Rabbi Daniel Mikelberg (he/him)
Chair

ARZA Canada
Lee Weisser (she/her)
President

Emergency Briefing: Update on the Vote in the Knesset to remove the Reasonableness Clause

Tuesday, July 25 at 2:30pm ET 11:30am PT

Join us for an emergency briefing and update on the judicial overhaul, as the Knesset just passed the ‘Reasonableness’ bill. Hear from Reform Movement leaders on the ground in Israel, including MK Rabbi Gilad Kariv.

Register here: https://urj.zoom.us/webinar/register/WN_ql_eVItxT4CLg9o0Hrhmtg#/registration

Jim Crow is alive and well in Alabama

For those of us living in blue states, it’s shocking that bald-faced racism continues to impugn the integrity and legality of state legislature decisions in some red states, such as Alabama, in 2023. Jim Crow is indeed alive and well there, as Joyce Vance explains in her Substack article below.

Joyce Alene White Vance is an American lawyer who served as the United States attorney for the Northern District of Alabama from 2009 to 2017. She was one of the first five U.S. attorneys, and the first female U.S. attorney, nominated by President Barack Obama. She is also an MSNBC columnist and NBC News and MSNBC legal analyst as well as a law professor at the University of Alabama School of Law.

Joyce is worth reading as she gives expert legal analysis of everything happening in these times. You can subscribe to her Substack articles at https://joycevance.substack.com/.

Joyce explains in her posting today (July 23, 2023) that the racism of the Alabama State Legislature is so brazen and so obvious and so illegal (based on direct Supreme Court rulings and established law) that one wonders how it is that each member of the Republican dominated legislature of that state isn’t charged with contempt of court and violating the 1965 Voting Rights Act. It also makes one wonder what the Congress of the United States would look like if an anti-Gerrymandering bill were ever to pass Congress and be signed by the President.

I was stunned by what Joyce wrote today, and so decided to share it with you here. She writes:

“Republicans in the Alabama Legislature refused to comply with the Supreme Court’s decision that the redistricting maps drawn by Alabama’s legislature violated Section 2 of the Voting Rights Act and should be redrawn to create two districts where Black voters would have the opportunity to elect candidates of their choice. Instead, they approved, yet again, a map with only one district where Black voters are in the majority. The newest map also has the fringe benefit of protecting the state’s six white Republican incumbent Congressman. None of them will have to face another of their number in a primary, as two of them would have had to do if a map that comported with the Supreme Court’s decision had been selected.

The Court was explicit. It held that “any remedial plan will need to include two districts in which Black voters either comprise a voting-age majority or something quite close to it.” That’s because of the disconnect between the results of the 2020 census and Alabama’s near-tradition of diluting Black citizens’ voting power by gerrymandering as many of them as possible into one disingenuously drawn district, while spreading the remainder throughout Alabama’s other six Congressional districts in numbers too small to have a meaningful opportunity to influence the outcome of elections. The Supreme Court ruled that Alabama’s Black population was large enough and geographically compact enough to create a second majority Black district. But the GOP-led legislature ignored the Supreme Court’s dictates and kept one majority Black district, while adding in a second one that didn’t even reach 40%. 40% doesn’t seem “quite close” to a majority.

Former Attorney General Eric Holder released a statement that said, “This map, and the Republican politicians who supported it, would make George Wallace proud.” He pointed out the Legislature ignored its job after the Court’s ruling—ensuring Black Alabamians’ voting rights were protected—and focused on how to preserve the old system.

Now, the matter will head back to the courts, where a three-judge panel decides whether to approve the legislature’s map. Their likely move at this juncture is to reject the legislature’s map and appoint a special master to draw a new one. But how will they address the legislature, which is, of course, an independent branch of a state government? How the court handles the matter and how swiftly justice is dispensed, including any appeals, is critical with the next round of federal elections just around the corner. While they might seem far off, the Alabama primary is in March of 2024 and candidates are required to declare by November 10, 2023. That means the districts must be shaped by then so potential candidates can decide if and where to run. Unlike 2022, when maps that have now been disallowed remained in place, the 3-judge panel, and perhaps ultimately the Supreme Court if there is another appeal, will have the job of swiftly restoring rights.

The courts should condemn, in no uncertain terms, the legislature’s flagrant disobedience of the Supreme Court’s legal ruling and craft a path forward that prevents the hyper-partisan legislature from continuing to bypass Black voters’ rights. Alabama’s Republican Attorney General, Steve Marshall, said in June when the case was decided that he expected to continue his defense of the maps the Supreme Court rejected. “Although the majority’s decision is disappointing, this case is not over,” Marshall said in a statement, implying he wanted to have a full trial before he gave up. That’s not how the Supreme Court saw it, and the question now is whether the courts will stand for the principle that what the Supreme Court says is the law of the land, or whether Alabama will get away with the shell game it’s trying to play with Black voters’ rights.

How the courts handle this matter will either reinforce or erode confidence in them and in our system of government. A lot will rest on the decisions that are made. They must be made soon.

There are also other matters, with less of a public profile, that contribute to the public’s confidence in the courts. One of those matters is also taking place in Alabama. Patrick Braxton filed a federal civil rights lawsuit alleging that after being elected as the first Black mayor of Newbern, Alabama, the existing mayor, town leaders and others took steps to prevent him from taking office, reappointing the previous mayor in a secret meeting and using their power to prevent Braxton from performing his duties, even using the postmaster to prevent him from obtaining city mail. Braxton says that the town hasn’t held an election for decades, and that the job of mayor passed during this time from one official to a hand-picked successor. The new mayor would then appoint council members of his choice, without holding elections. Newbern, which is about 85% Black, had never had a Black mayor before Braxton and only one Black town council member.

How quickly will the courts move to address this situation? The defendants have already filed a response, in which they concede many of Braxton’s key allegations. They’ve asked the court to dismiss his lawsuit. This case is shocking, more 1950s than 2020s, and we would expect, in an effectively functioning system, to see the court promptly address the situation to restore a lawfully elected official. This one is worth watching. In this country, we are entitled to elect our leaders, and the courts are charged with making sure election results are carried out. That’s their job here in a mostly unlikely place.”

Why Israel Continues to Matter – Israeli President Isaac Herzog

In 2019, Israeli President Isaac Herzog did me the honor of reading and endorsing my 2nd book Why Israel and its Future Matter – Letters of a Liberal Rabbi to His Children and the Millennial Generation” (New Jersey – Ben Yehuda Press). He wrote:

“As in his previous book – “Why Judaism Matters, Letters of a Liberal Rabbi to His Children and the Millennial Generation” – in “Why Israel and Its Future Matter, Letters of a Liberal Rabbi to His Children and the Millennial Generation,” Rabbi John L. Rosove shares 11 compelling letters directed at his two sons, but this fascinating work is in fact aimed at an entire generation of perplexed young Jews.

Diaspora Jewry is in a struggle for its collective identity and the millennial generation all the more so. In an era of FAKE, truth becomes a spiritual commodity; a period of ANTI and POST demands value-based motivation, sound reasoning, active listening, and candid conversation. This is what Rabbi Rosove provides this readership. He delineates the just case for Israel with precision and delicacy, sans fluff or pandering. This is a book which strives to combat Israel haters and bashers and gives real tools and answers to those liberal Jews who feel somewhat frustrated and confused about Israel.

Rabbi Rosove’s truths reach minds and open hearts. I urge each and every individual who feels in any way connected to the Jewish People, to ponder this powerful assemblage of candid, insightful messages which address the core issues facing Israel as a nation, and as a notion.

A must-read!”

President Herzog was then Chairman of the Jewish Agency for Israel. Now, as the President of the State, he represented movingly yesterday before a Joint Session of Congress the best of what Israel is without covering up its flaws. Though he was not as specific about the current radical and extremist Israeli government’s efforts to push through a judicial coup, thereby compromising Israel’s system of checks and balances between the executive/legislative and judicial branches, or call for a two-state solution, as some of us might have liked him to do, he did address the need for the United States and Israel to maintain our special relationship as democracies with shared moral values, and he acknowledged the need for Israel and the Palestinians to achieve peace which countering terrorism.

I was grateful for his endorsement. For those interested, the book is available on Amazon or through the publisher (Ben Yehuda Press).

Ron DeSantis – A classic would-be strongman

Introductory Note:

Joyce Vance is an American lawyer and Professor of Law who served as the United States attorney for the Northern District of Alabama from 2009 to 2017. She was appointed as one of the first five U.S. attorneys, and the first female U.S. attorney, nominated by President Barack Obama. She is a regular commentator on MSNBC, is brilliant, articulate, and insightful, and writes a daily Substack email called “Civil Discourse” from which the following was excerpted (see – https://joycevance.substack.com/).

Vance confesses below that she had believed that once Donald Trump fades away, authoritarian forces would begin to dissipate as well, but she recognizes now that they are at work in Florida, likely in states and cities throughout much of the country, and constitute a serious threat to our democratic institutions. She argues that autocracy will continue to be threatening beyond the 2024 election.

This piece (July 13, 2023) describes what Governor Ron DeSantis is doing in Florida beyond his anti-LGBTQ, racist, anti-choice, and anti-education policies. Though his presidential campaign is floundering and likely he will be unsuccessful nationally in this election cycle (assuming Trump doesn’t invite him to be his Vice Presidential running mate), he remains a serious threat to the democratic order in Florida and augurs ill for many other states and localities.

I’m posting this not only for the clarity of what Joyce Vance writes, but to encourage you to subscribe (free of charge) to her Substact daily writings. They are all worth reading and help us non-lawyers understand what the fundamental legal issues are at stake in national, state, and local settings.

Joyce Vance writes:

“Even if DeSantis’s campaign dissolves and he’s forced to pull out of the presidential races, he’s not going away. He’s still Florida’s governor. And despite his coy statement this week that he’s not a No. 2 kind of guy, it’s hard to imagine someone this ambitious turning down the No. 2 spot on the ticket, especially with a running mate who would be 78 years old when he took office.

Ron DeSantis is not someone who believes in the Republic or in Democracy. He believes in Ron DeSantis and his ascent to power. Ruth Ben-Ghiat has this extraordinary new essay on DeSantis’s efforts to undercut public education and turn it into a tool of authoritarianism. She writes, “Authoritarians are happy to engineer the intellectual, social, and financial impoverishment of the educational sector to get rid of anyone who stands in the way of their dreams of national and ideological purity.” We’ve discussed this aspect of DeSantis’s “accomplishments” in Florida here on Civil Discourse as well, in May, when he signed a law designed to strip academic freedom out of higher education in the state.

DeSantis has also signed one of the most restrictive abortion bans in the country and tried to silence conversations about race and LGBTQ issues. He’s used undocumented migrants for political theater, transporting them across the country even when they aren’t in Florida to try and score political points. He’s retaliated against critics, like he tried to do with Disney when the company objected to his “Don’t Say Gay” law. DeSantis behaves like a classic would-be strongman, hoping to turn back the clock on much of the progress our country has made.

Something new, and deeply disturbing, caught my attention last week. It started as a local story, and it bears close watching, because the historical parallels are far too obvious and dangerous. Last summer, DeSantis announced that he was reactivating Florida’s “State Guard,” which has been inactive for the last 75 years. He complained that Florida’s National Guard was understaffed and the state needed a force of volunteers to respond to hurricanes and other public emergencies.

Fair enough. But as it turns out, volunteers who signed up for the State Guard found that the program was something other than the civilian disaster training they had anticipated. Reporting in the New York Times calls the training ‘heavily militarized.’ Participants had to train in ‘marching drills and military-style training sessions on weapons and hand-to-hand combat.’ Many people who complained were removed from the program or quit.

A retired naval officer who helped recruit the first batch of volunteers objected to what he perceived as the change in the program’s orientation from the initial goal of training a disaster relief force. He told the Times that when he voiced his concerns on the first day of training, he ‘was abruptly escorted out.’

Is it a private army? The governor’s office said that one of the Guard’s missions would be “to ensure Florida remains fully fortified to respond to not only natural disasters, but also to protect its people and borders from illegal aliens and civil unrest.” And here’s what DeSantis said to reporters last year: ‘If you turned on NBC, it was ‘DeSantis is raising an army, and he’s going to raze the planet.’ But, you know, the response from people was ‘Oh, hell, he’s raising an army? I want to join! Let’s do it.’ State officials running the program defended it, saying that the military training made it a good fit with existing National Guard resources.

DeSantis issued a press release on June 30, celebrating the graduation of the first members of the State Guard: ‘Even though the federal government has underfunded our National Guard, we are ensuring that we have the manpower needed to respond during emergencies…When the need is greatest in their communities, these Guard members will be ready to answer the call.’ He encouraged more people to apply, using the language below. The last ‘requirement,’ ‘ready to be a part of history,’ is perhaps just rank melodrama, but it feels ominous in context. Thanks but no thanks. Florida and America do not need a private Ron DeSantis army.

In a 2003 speech to the National Endowment for Democracy, President George W. Bush described the critical features of successful democracies. He explained that in successful democracies, ‘governments respond to the will of the people, and not the will of an elite.’

President Barack Obama sounded similar themes in his farewell address in 2017. He charged every citizen to work to strengthen our own democracy: ‘All of us, regardless of party, should throw ourselves into the task of rebuilding our democratic institutions.’ As President Obama explained, strengthening our democracy ‘depends on our participation; on each of us accepting the responsibility of citizenship, regardless of which way the pendulum of power swings.’

Safeguarding healthy civic institutions that allow for public participation in political debate is at the foundation of our system. DeSantis’s authoritarian style of leadership rejects that basic premise, seeking to stifle open conversations, let alone active dissent. Access to a militia-style force would be a dangerous development. Imagine if Michigan’s Democratic governor, Gretchen Whitmer, created a force like this to help immigrants arrive in sanctuary cities and support Black Lives Matter protesters. Fox News would cover it 24/7. This developing story merits the same scrutiny, until the public understands exactly what is happening here.

For so long Trump has been the most pressing threat to democracy. He remains that. But we have to appreciate that the existential threat this country faces will not disappear when Trump does. We need to educate ourselves, our communities and be ready. America was largely not ready for Trump and what he represented. This time, let’s make sure we are.’

I write about this tonight, I suspect, in a somewhat confessional way. I’ve realized that I’ve been trying to convince myself that if Trump is defeated in 2024, we can throw a big bash, celebrate, and get on with our lives. But—and despite the people who will call this alarmist, just as they did in the early days of the Trump administration when many of us tried to raise the alarm that what we were seeing was not normal—we do not have the luxury of living in an era where we can just sit back and relax. Some eras are difficult. Much as the Greatest Generation took on the fight against authoritarianism in Europe, we have to continue our work here. I’ve become increasingly resigned to that view, and I’m willing to accept the challenge because I believe that even though our form of government is not perfect, it is exceptional, and it has the power to be more so.

The American dream is not complete, but we are not stuck where we are today. One of its most important components is that it’s aspirational and that it continues to expand, that we can always envision more that we can do; more people who can be folded into the promise. We live in a time when there are people who want to limit who gets included and advocate for a narrowing vision of America. I have no intention of letting them get away with it. So, friends, let’s get ready for what’s ahead.”

How did you sleep last night?

Sleep problems are an endemic challenge in our culture. When we don’t get enough sleep (for adults, 7 – 9 hours each night is optimal) experts say that we are at risk for all kinds of health problems including weight gain, increased risk of heart disease and high blood pressure, greater anxiety, depression, and irritability, and a general depletion of joy.

In the last couple of months, the NY Times posted a series of articles about sleep problems that occur throughout the life cycle (links below). For those who don’t want to read the articles, I offer here a list of suggestions the Times cited, except for one that wasn’t developed adequately enough but which affects 22 million Americans and one I have experienced personally that has made a substantial difference in my life.

There are many reasons for a bad night’s sleep. Stress and our inability to manage it effectively make getting a good night’s sleep difficult. According to The American Institute of Stress, about 33 percent of people report feeling extreme stress. 77 percent experience stress that affects their physical health. And 73 percent have stress that impacts their mental health (see statistical details at https://www.stress.org/stress-research). Managing stress is a complex matter, and I’m not addressing that here except to say how important it is that we get help in managing it for the sake of our physical, mental, emotional, and spiritual well-being.

Here is the list of suggestions cited in the NY Times articles that I gleaned from the numerous articles published. I spell out the last one in more detail because I believe that most of us know little about it:

  1. The room in which we sleep should be cooled to 60 to 65 degrees F (15 to 18 degrees C). This cooling effect helps us achieve the restorative stage of sleep known as slow-wave sleep or REM sleep (Rapid Eye Movement – Not getting enough REM sleep can affect mood, memory, and the ability to learn).
  2. Develop a night-time routine (i.e. get into bed consistently at the same time each night).
  3. Avoid eating large meals within three hours of sleep, though a bedtime snack is fine.
  4. Alcohol might enable you to fall asleep quickly, but drinking often leads to fragmented sleep.
  5. Don’t consume caffeine after 12 noon as it can linger in the brain for 8 to 10 hours at sufficient enough levels to disrupt sleep.
  6. Avoid aerobic exercise close to bedtime.
  7. Limit your water intake in the hour or so before bedtime to avoid having an overactive bladder, a condition in which many have the urge to urinate more frequently.
  8. For older adults, take appropriate caution when using drugs and supplements for sleep, as many sleep medications have side effects, one of which is falling.
  9. Block out 30 minutes to relax and wind down before bed. Avoid scrolling on the IPhone before falling asleep or reading a book on an IPad.
  10. Darken the room and/or wear an eye-mask to cut out extraneous light that triggers the body’s natural production of melatonin.
  11. Remove “blue light” devices from the bedside, and turn-off cell-phones and IPads (see for a description of “blue light” – https://www.webmd.com/eye-health/blue-light-health).
  12. Do something calming such as reading a book, meditating, or knitting.
  13. If you find yourself unable to fall back asleep, don’t stay in bed. Try going to a different place and do a calming activity, such as reading a few pages of a print book or trying a brief meditation until you are ready to return to sleep.
  14. Women have issues around sleep that men do not have (see article links below).
  15. Find out if you suffer from Obstructive Sleep Apnea (OSA) – The word “apnea” comes from the Greek word for “short breath.”

If you do all or most of the above and nothing works, schedule an appointment with a physician who may direct you to a pulmonologist, an MD who specializes in the respiratory system from the windpipe to the lungs.

The NYT articles note a condition that afflicts far more Americans than most people realize:

“Middle age is when many people develop sleep apnea, an often un-diagnosed disorder that involves snoring, choking and gasping throughout the night. Those with sleep apnea may wake up with headaches and feel drained and depleted even if they got enough sleep. In some instances of sleep apnea, the muscles in the head and neck relax during sleep, leading to an obstruction of air through the windpipe; in others, the brain doesn’t deliver the signals necessary to prompt the body to continue breathing during sleep. A few risk factors can predispose people to sleep apnea, including regularly drinking alcohol, obesity, and family history.”

Obstructive Sleep Apnea (OSA) afflicts 22 million Americans. The OSA rate significantly increases as we age. Ten percent of men age 30-49 are so afflicted and 3 percent of women in the same age range are likely to have OSA. Seventeen percent of men and 9 percent of women age 50-70 are likely to be afflicted. Fifty-six percent of people age 65 and over have a high risk for OSA.

When I was first diagnosed with OSA 25 years ago in my late 40s, I was prescribed a mouth-piece that brought my lower jaw forward and opened my windpipe. That sufficed, or so I thought, to address the problem over the long term. Wrong! As the years passed, I felt consistently tired regardless of the number of hours I slept. I figured that full-time work as a congregational rabbi was the source of my ongoing weariness. After I retired four years ago, however, I still felt tired no matter how much I slept (6 to 8 hours each night).

Two years ago my physician suggested that I ought to talk with a pulmonologist. He suggested that I take a home state-of-the-art sleep test. As it turned out, I had a “severe sleep apnea condition,” as he described it. My sleep was interrupted 48 times every hour. In each incident, I stopped breathing for 10 to 15 seconds (8 to 12 minutes hourly – 56 to 84 minutes per each night’s 7 to 8 hours of sleep).

The lack of oxygen I was denied during those times when I stopped breathing caused me to awaken automatically in order to resume my breathing normally, until the next interruption a little more than a minute later. All this was happening without my conscious knowledge.

Researchers say that sleep apnea may raise the risk of high blood pressure, onset diabetes, heart disease, and stroke. My pulmonologist explained that during every one of the 48 episodes per hour that I stopped breathing for 10 to 15 seconds, my brain was not receiving oxygen and my brain cells were dying. I was also not getting any adequate REM sleep. Was it any wonder why I always felt tired, even after getting 7 hours of “sleep?”

OSA has a number of causes – obesity and alcohol are chief among them. However, I’m not over-weight nor do I drink. I stopped consuming (most days) that 3rd cup of coffee in the early to mid-afternoon. I walk 3-4 miles daily, am in fairly decent shape, do not experience any of the stress I once had as a congregational rabbi, and follow the advice spelled out above as suggested in the NY Times. I take daily my share of medications (some do cause sleep problems), and always do what my doctors tell me – otherwise, why go to them?

When my pulmonologist told me that I had severe OSA and that the best way to address it was to use a CPAP machine (“Continuous Positive Airway Pressure”), I resisted because I didn’t want to wear a mask or be hooked up to the machine with an air-hose, nor did I want to experience the blowing of air into my nostrils and mouth all night long. He explained that CPAP is very quiet and it blows air continually (without my being aware of it) through my nose and mouth and down my wind pipe effectively stopping my snoring, eliminating the vast majority of hourly events (from 48 to an average of 5), restoring REM sleep, and normalizing oxygen saturation levels in my blood and brain. He said that CPAP would address effectively my sleep problem and I would get used to it.

He was right. Not only do I no longer snore or snort, the machine is exceptionally quiet and I’m now used to wearing the mask. The result is that I sleep 6-8 hours every night and average 5 incidents per hour, down from 48 (as already noted above). A monitor tells me each morning how many hours I slept hooked up to CPAP and how many incidents occurred. The monitor is linked to the internet so my physician can monitor exactly how well I’m doing. Most mornings, assuming I get at least 7 hours of sleep, I feel rested. To those whose partners complain about your snoring and you feel tired no matter how much you think you slept and how many of the items listed above you do, perhaps a visit to a pulmonologist and taking a sleep test is warranted. Check with your physician.

I hope that some of the above will help you get a better night’s sleep. We all need it in order to help manage the stress in our lives and to experience more positive energy and joyfulness.

In conclusion, I offer a few of my favorite quotations about the blessing of sleep:

“Sleep that knits up the ravell’d sleeve of care, / The death of each day’s life, sore labour’s bath, / Balm of hurt minds, great nature’s second course, / Chief nourisher in life’s feast.” –William Shakespeare, Macbeth (2.2.46-51)

This is thy hour O Soul, thy free flight into the wordless, / Away from books, away from art, the day erased, the lesson done, / Thee fully forth emerging, silent, gazing, pondering the themes thou lovest best, / Night, sleep, death and the stars.” –Walt Whitman, final poem in the section “From Noon to Starry Night” in the seventh edition of Leaves of Grass (1881)

The breath of my life / will bless, / the cells of my being / sing / in gratitude, / reawakening.” –Marcia Falk, The Book of Blessings, (San Francisco: Harper, 1996), p. 154.

Melissa Kirsch, July 7, 2023 “Sleep Changes with Age” – https://www.nytimes.com/2023/07/08/briefing/sleep-changes-with-age.html

Dani Blum, July 7, 2023 – “Sleep Better at Every Age” –  https://www.nytimes.com/interactive/2023/07/07/well/live/sleep-better-age.html, Dani Blum

Lisa L. Lewis, June 19, 2023 – “Why do Women have more Sleep Issues than Men,” https://www.nytimes.com/2023/06/13/well/women-sleep-issues-hormones.html

More articles are listed here – https://www.nytimes.com/spotlight/sleep

What defines us as human beings?

A month ago I attended four large events: a wedding reception, a funeral, and two shiva minyanim. Apparently, I got Covid at one of them. It took more than 3½ years for me to contract the virus which, given my success at avoiding it, came as a shock when I tested positive.

I have been exceptionally careful since the pandemic began. I isolated myself much of that period and I’ve worn a mask when I’ve been around people in closed spaces, most of the time – obviously not always or I wouldn’t have contracted Covid. It’s still very much out there, and for those who think we’re past the epidemic and can return to life as we once knew it – think again.

As I tested positive for 14 days (I’m negative now and recovering), I’ve thought anew about the millions of Americans and people worldwide that suffered, perished, and mourned their loved ones as a consequence of this horrendous plague. I am beyond grateful for the vaccine and boosters as they protected me, most likely, from a very serious illness. Though I was sick enough, many have had it far worse than me. There was a dimension to having the virus that I didn’t fully comprehend or appreciate until it hit me; namely, I thought about what it is that characterizes us as human beings.

Albert Camus described the emotional, psychological, and physical consequences of the plague in his prescient novel – The Plague – first published in 1947 two years after WWII and in the wake of the Shoah, suggesting that Camus was really writing about the worldwide devastation brought about by the evils of Nazi Germany and its allies:

“The plague had swallowed up everything and everyone. No longer were there individual destinies; only a collective destiny, made of plague and the emotions shared by all. Strongest of these emotions was the sense of exile and of deprivation…. The plague forced everyone to isolate as individuals from their loved ones…each…content to live only for the day, alone under the vast indifference of the sky.”

Though aloneness seems to be an existential truth about the human condition, it is really empathy that defines the human being, that ability to put ourselves in the shoes of the other, to allow our imagination to bridge the chasm of separation, alienation, and fragmentation, to hone our capacity to actively listen to the stories, pains, sufferings, and joys of others without self-referencing our own stories, pains, sufferings, and joys, to sympathize with the truths of others without comparing, contrasting, and judging our truths with theirs – that is what existentially makes us human beings. It’s all about empathy.

Open Letter to Israel’s Government Members

Note: I signed this open clergy letter to Israel’s government on the importance of the State of Israel maintaining its democracy and pluralistic tradition. Hundreds of American rabbis have signed the letter and it will be delivered to the Israeli government with the hopes that the ruling government coalition will cease all legislative steps to diminish the independence of the Israeli judiciary as a necessary check and balance against the total power of the executive-legislative combined branch of the government.

To the Honorable Members of the Israeli Government,                                  

We, the undersigned Clergy and Jewish community leaders, write to you today to express our deep concern for the future of Israel’s democracy. As spiritual and community leaders of the American Jewish community, we believe it is our duty to speak out when we witness threats to the values and institutions that form the bedrock of the Jewish nation.                   

Our intention is not to align ourselves with any political party or agenda. Rather, we seek to address a matter of vital importance that transcends partisanship—the need to safeguard Israel’s democratic principles and maintain a system of checks and balances.

Israel, the state that has risen from the ashes, stands as the greatest and most successful project of the Jewish people. Israel has (rightfully) long prided itself as a beacon of democracy in the Middle East—a nation that cherishes the rule of law and upholds the rights and freedoms of its citizens, including minority populations. We are grateful for the progress Israel has made in building and nurturing a thriving democratic state over the past 75 years.

Moreover, we have witnessed firsthand the impact that Israel’s democratic ideals and accomplishments have had on Jewish communities worldwide. The State of Israel, with its commitment to pluralism, religious freedom, and equal rights for all citizens, serves as a model for the enduring values we hold dear. Israel’s success as a democratic nation sends a powerful message to the world, demonstrating the compatibility of Jewish values with the principles of democracy, justice, and human rights.

However, recent proposals for judicial reform have raised grave concerns among many Israelis, and among Israel’s friends around the world, including us. While we acknowledge the government’s prerogative to propose ways to improve the judicial system, we urge extreme caution in undertaking any changes that might compromise the delicate balance of power and erode the foundations of Israel’s democracy.

Our history has taught us the dangers of tyranny, oppression, and the erosion of democratic norms. As Jews, we carry the collective memory of countless struggles for freedom and justice. We have seen the devastating consequences of societies divided and polarized, where voices are silenced and dissent is stifled. We must not allow this to happen to our beloved Israel.

We stand united in our support for Israel’s democracy, irrespective of our physical location. We recognize the responsibility we share as Jewish leaders to advocate for the preservation of democratic principles in the land that holds such profound significance for our people. It is in this spirit that we implore you to reconsider the proposed judicial reform. We recognize that improvements can be made to any system, and we encourage constructive dialogue and debate to address concerns and find solutions. However, it is crucial that any reforms be carried out with the utmost respect for democratic principles and the preservation of the separation of powers.

We firmly believe that a united Israel, founded upon democratic values, is the best hope for its future. As you know, a democracy is judged not only on the principle of majority rule, but also on the principle that the fundamental rights of the minority are respected and protected.

Our diversity is our strength and it is through democratic means that we can ensure the fair and just representation of all Israelis, foster unity and solidarity, and make a home for the diversity of the Jewish people worldwide.

We ask you, the representatives of the Israeli people, to find common ground and protect the democratic foundations that our forebears fought so hard to establish.

Together, we can strive for a better future—a future where Israel continues to be a beacon of democracy, justice, and equality. Let us ensure that future generations inherit a nation that upholds the principles upon which it was founded—a democratic state with checks and balances, and a source of pride for the Jewish people worldwide.

With hope for unity and democracy,

Hundreds of American Rabbis

Justice Thurgood Marshall’s 115th Birthday Message to Americans Today

After a week of devastating anti-democratic, racially blind, and homophobic rulings by the radically conservative activist US Supreme Court, Justice Thurgood Marshall speaks from the grave to remind Americans about what is our moral duty vis a vis all American citizens and our legal obligation to protect their rights and deliver justice to protected classes of citizens.

To the Supreme Court I say – בושה – Shame!

“We must dissent from the fear, the hatred, and the mistrust. We must dissent from a nation that buried its head in the sand waiting in vain for the needs of its poor, its elderly, and its sick to disappear and just blow away. We must dissent from a government that has left its young without jobs, education, or hope. We must dissent from the poverty of vision and timeless absence of moral leadership. We must dissent, because America can do better, because America has no choice but to do better.”

-Thurgood Marshall, US Supreme Court Justice (Born, 2 July 1908-1993)

“Anti-Abortion States Already Killing More Women” – Kareem Abdul-Jabbar and Jewish Tradition

Introductory Note: Not only was Kareem a great UCLA Basketball star and NBA super-star, but he has become in recent years a noted public intellectual, social justice activist and commentator. I subscribe to his Substack posts at kareem@substack.com and highly recommend it. He discusses intelligently anything and everything that catches his interests and that is part of the national conversation. This piece lays out the specific impact of the Supreme Court’s cancellation of Roe v Wade. After reading it, I wondered whether the ark of history bending towards justice is always true. Yet, I also recall Jiminy Cricket’s teaching of physics to us boomers in the 1950s Sunday night World of Disney that “to every action there is an equal and opposite reaction” – meaning, that the 2024 election is coming and if the Democrats are clear about the consequences of the nation’s votes vis a vis first amendment rights, the viability of our constitutional system of government and many other issues, we will elect more Democrats to the House and Senate to fulfill Joe Biden’s promise to pass a national law allowing the right-to-choose across the country.

Here is a quick review of the Jewish position on abortion:

  • The life of the fetus is not equivalent to the life of the mother (Exodus 21:22-25 – “Should men brawl and collide with a pregnant woman and her fetus come out but there be no other mishap, he shall surely be punished according to what the woman’s husband imposes upon him, he shall pay by the reckoning” – Had the guilty party killed his adversary, he would forfeit his life (Exodus 21:12). The status of the fetus is clearly not equivalent to the status of an independent life (i.e. the mother) as the punishment was not life for life, but rather an economic penalty.
  • Judaism affirms that life begins at birth, not before. The Mishnah (Oholot 7:6 – 2nd century CE) states: “A woman who was having trouble giving birth, they abort the fetus inside her and take it out limb by limb, because her life comes before its life. If most of the head come out already they do not touch it because we do not push off one life for another.” Rashi (Commentary on Talmud, Sanhedrin 72b – 11th century) affirms as well that “whatever has not come forth into the light of the world is not a human life.” This is repeated in the Shulchan Arukh (Chosen Mishpat 425:2 – 16th century CE).
  • Abortion is permissible when the life of the mother is threatened should the fetus be carried to term (Rabbi Yechutiel Teitelbaum of Sziget, 1886)
  • Abortion is permissible when the mental and/or physical well-being of the mother is in question should the fetus be carried to term (Rabbi Ben Zion Uziel – 1880-1953, former Sephardic Chief Rabbi of Palestine).

Conclusion – Abortion is permissible in Judaism. Further, in a democracy a woman must have the right to choose as a matter of conscience and liberty how to proceed concerning matters about her own body, her physical and mental health and well-being.

The following is Kareem’s most recent Substack post concerning the present state of America post Roe v Wade.

SUMMARY: In the year since Roe v. Wade was overturned, Americans have been forced to reckon with the utter disaster that’s been created in the 20 U.S. states that have banned or restricted abortion access.

And things are only getting worse, Mini Timmaraju, president of NARAL Pro-Choice America, reveals on this week’s episode of The New Abnormal.

…Yet despite polls showing that abortion access has become more popular than ever in the United States, the opposition to women’s health care continues.

“The states that were the quickest to enact abortion bans are the same states with the worst rates of maternal mortality,” Timmaraju explains.

Indiana–which has the third-highest maternal mortality rate among all reporting states–became the first state to pass an abortion ban after Roe v. Wade fell in late June 2022. Other states, including Missouri and Alabama, banned abortion through existing trigger laws that were set to take effect once a decision striking Roe came down.

Alabama’s most recent state-specific maternal mortality rate was 36.4 deaths per 100,000 live births in 2018—again, one of the highest in the country.

She adds that along with maternal mortality rates, the states also lack paid family leave and “have no childcare infrastructure that are generally terrible in terms of environmental protections and clean water and air. So these are not conditions in which anyone wants to choose to raise a family or has the conditions to have a family that would thrive.”

MY TAKE: In the year since Roe v. Wade was overturned, I’ve been living in a perpetual state of shock. May Gallup polls show 85% of Americans believe abortion should be legal in at least certain circumstances, and 69% believe abortion should broadly be legal in the first three months of a pregnancy, which is a record high. About 57% agree that the Court decision was “bad for the country.”

Yet, here we are. We have 20 states enacting severe abortion restrictions. We have presidential candidates wanting even stricter limitations. Candidate Mike Pence is proposing a national 15-week abortion ban (“Pence on abortion limits: ‘We just can’t rest or relent’”).

For those actually concerned about life: the rate of deaths from maternal causes has been steadily rising for years. In 2018, it was 658 women. In 2021, 1,205 women died. That’s nearly double the number of deaths in just three years. The US maternal death rate for 2021 was 32.9 deaths per 100,000 live births. The rate for Black women was 69.9 deaths per 100,000 live births, while the rate for White women was 26.6 per 100,000. That’s 2.6 times more likely to die if she’s Black. This racial disparity may be why certain states don’t seem to care as much.

Here are the states where women are more likely to die from childbirth (starting with the worst state): Arkansas, Mississippi, Tennessee, Alabama, Louisiana, Kentucky, Georgia, etc. (You can see the pattern: states with poor education, a weak economy, but strong racism have the highest death rates.) Florida’s maternal death rate is 26.30, while “woke” California is the safest state in the nation, with 10.10. Probably something DeSantis won’t mention in his stump speech.

The anti-abortion campaign is the largest suppression of civil rights in the nation’s history. Women make up 50.4% of the U.S. population and still face daily discrimination that can be life-threatening. This isn’t merely an “agree to disagree” issue or “a matter of opinion.” The antiabortion stance is not based on science or logic or even the history of human rights. It’s a position that lacks merit, consistency, or constitutional standing. I know proponents of banning abortion think they’re being moral, but they are actually the opposite. They think they’re strengthening the country, but they’re weakening it. Not one antiabortionist could stand up to any scrutiny of their arguments without, in the end, having to default to religious faith.

Our Constitution protects the practice of faith, not the forcing of faith on others. In fact, we are also protected from that. It is vital that in the next election, we make that irrevocably clear.