“Gerald Ford has a lesson for Joe Biden. And it’s not about pardons”

Introductory note: Every so often, I print op-eds from subscription publications that many of you may not read but that I think are so worthwhile that I want to share it with you. Today’s post is such an example.

In the context of today’s Washington, D.C. and especially in light of the crash and burn mean-spirited MAGA Republican Party, its sycophants and moral cowards, I was moved by Matt Bai’s piece extolling the virtues of what once characterized DC politics between both Republicans and Democrats. Do read what follows. Perhaps, once this sorry history of Trumpism vanishes from the political scene and common decency is restored (I am a positive thinker, after all), we’ll see relationships like those that once marked Washington, D.C. discourse again. Joe Biden is a remnant of that era, and his example ought to be the rule, just as the late President Gerald Ford was once emblematic of what political leaders were. Enjoy.

By Matt Bai –  Contributing columnist – Washington Post – August 7, 2023

“Here’s a story that might blow your mind.

In 1973, as the investigations into Watergate were still unfolding, and as the corrupt Spiro Agnew was forced to resign the vice presidency, a group of Democrats in Congress hatched a takeover plan. If they delayed confirming Agnew’s chosen replacement, House Minority Leader Gerald Ford, and then forced Richard M. Nixon from office, the presidency would pass by constitutional order to the Democratic speaker, Carl Albert.

It was a clever plan, and it might have worked — except that Albert himself recoiled. To the diminutive Oklahoman, a coup was a coup, constitutional or not. So he refused to seize by parliamentary maneuver what his party had failed to win the previous year. Albert saw to it that Ford was quickly confirmed and that he himself would not inherit the presidency.

This and other stories from what seem like another political planet can be found in “An Ordinary Man,” the recently published Ford biography by Richard Norton Smith, a presidential historian who worked for Ford and later ran his presidential library. If you thought the world didn’t need an 800-page Ford biography, you might have been right — the biographical and legislative detail can be exhausting, and the central premise (“The Surprising Life and Historic Presidency of Gerald R. Ford”) feels like a stretch.

But the story is deftly told and flush with humanity — so much so, in fact, that revisiting Ford’s moment left me feeling even more profoundly disturbed by our own, with its daily headlines about the new indictment of former president Donald Trump and the prison sentences slapped on hundreds of his loyalists, all in connection with an attempt to unlawfully seize the presidency.

There are, after all, notable parallels between Ford and President Biden. Both were considered unlikely presidents who assumed office in unconventional ways and in moments of upheaval: Ford by the resignation of his predecessor, Biden by way of the first virtual, quarantine-era campaign. Both were longtime and well-liked creatures of Congress whose only brush with executive power came in the vacuum of the vice presidency.

Fairly or not, both men were considered error-prone and lacking in glamour, and both faced pressure to step aside rather than run for another term.

The political worlds in which each man governed, however, are so different as to be jarring. Where Biden’s eventual biographies will portray a time of unwavering partisanship, contempt for the institutions of government and cold disregard for truth, the pages of Smith’s book are rife with routine moments of principle, compassion and patriotism.

Imagine, for instance, any vice presidential nominee, chosen by a scandalized president, receiving strong support from leaders in the other party, simply because they admired his character. “Decent men, placed in positions of trust, will serve decently” is how Andrew Young (D-Ga.), the civil rights leader turned congressman, explained his vote to confirm Ford. “I believe that Mr. Ford is a decent man.” (Only 35 members of the Democrat-dominated House voted no.)

Or consider that, on the eve of Nixon’s resignation, Ford and his wife, Betty, could be found at a dinner party at the home of a society reporter for the Washington Star. That’s how much trust and common purpose existed in Washington at the time. The man who knew he was about to assume the presidency was more comfortable dining with journalists than with canceling at the last minute.

Or get your head around this: After Ford’s death in 2006, en route to his funeral, 82-year-old Jimmy Carter, the man who had defeated him 30 years earlier, paced the family plane with Ford’s baby granddaughter bouncing in his arms. Once bitter political adversaries, the two men ended up the closest of friends.

Imagine, too, an act of selfless political courage that somehow seemed like business as usual in Ford’s moment, but that today would be viewed as a kind of psychotic break — especially, but not exclusively, for a Republican. I’m talking about Ford loudly standing up for Vietnamese immigrants when leaders in both parties resorted to nativism.

“These refugees chose freedom,” he said. “They do not ask that we be their keepers, but only, for a time, that we be their helpers.”

Imagine a president who would go before the Veterans of Foreign Wars, as Ford did, to make the case that draft-dodgers should be given conditional clemency. (His plea was not well received, nor did he expect it would be.) Try to conjure a Republican leader who would announce his support for the Equal Rights Amendment, just because he believed in it, or who would shrug when his wife declared herself pro-choice.

It can sound naive to extol the virtues of politicians past, when so much has changed. The postwar period was mostly a time of liberal consensus, its political parties made up of regional coalitions. The transition from Ford to Ronald Reagan and his harder-edged conservatives would begin the gradual process of empowering extremists in the Republican Party, and to a lesser extent among Democrats, as well.

Even so, I took away two crucial insights about the present from reading Smith’s timely book.

First, our leaders really are worse, and there really was a time when Washington was better and more ennobling. It’s fashionable now for partisans on either side to say that political nostalgia is bogus, that those of us who idealize the age of civility and moderation are simply wistful for the days of Great Society leftism, or for the age when old White men got to rule everything and mushy centrism prevailed.

But immerse yourself for a bit in Ford’s America, and you will find that welfare programs and mushy centrists are not the only things we’ve left behind. It’s actually true that leaders cared about one another and the country, that many of them had genuine convictions, and that often they were willing to lose an election rather than lose their own integrity.

Ford kept a list of litmus tests for anyone thinking about a life in public service, which he said you shouldn’t pursue if you “expect to make a great deal of money, do not like people and working on their problems, are thinned skinned and can’t take public criticism, if you are only interested in the glamour ofthe title or the responsibility.”

I think we know what Ford would have thought of Trump. I think we can guess at how aghast Republicans of Ford’s era would be at the shocking cravenness of today’s Republican presidential candidates and their bobblehead brethren in Congress, who can barely find it in themselves to utter a half-critical word about an indicted demagogue.

Second, I think Ford and Biden are similar in another respect: It seems to me that Ford, if not the shrewdest or most memorable of our presidents, might well have been the nicest person to ever hold the office, or at least in the 20th century. If Smith’s persuasive portrait is to believed, Ford was unfailingly gracious, self-aware and humane — even more so when no one was watching. One scene involves a tailor, a Holocaust survivor, who came to the White House to measure the president for a suit; Ford told the naturalized citizen that he was “one of the best Americans,” and the tailor leaped up to embrace him.

If there’s one thing we’ve learned about the presidency these last several years, it’s that niceness matters more than we thought.”

The Bibi Sting

As focused as so many Americans are on the historic 3rd indictments of the former President of the United States, it is important for the Jewish world not to take our eyes off what is happening in Israel and the historic so-called “Judicial Reforms” that the current extremist right-wing ultra-Orthodox and nationalist government is attempting to do in diminishing Israeli democracy by wiping out Israel’s system of checks and balances by concentrating all power in the executive/legislative branch at the expense of its judicial branch on its way to transforming Israel’s democracy into an autocratic theocracy and its annexation de jure of the entirety of the West Bank thereby destroying all future efforts to solve the Israeli-Palestinian conflict.

I post two items below worth watching (it will take just a few minutes to watch each):

  1. “10 Reasons NOT to invite PM Netanyahu to the White House”

The speaker is Mika Almog, granddaughter of former Israeli President, Prime Minister, and Nobel Peace Prize winner Shimon Peres, and the daughter of Professor Rafi Walden, a member of the Reform movement’s Kedem/Beit Daniel Congregation, a star-ship Reform community in Tel Aviv.

2. Stav Shafrir challenges the lies in a split screen with PM Netanyahu in his interview with George Stephanopoulos.

Stav Shafrir came to national prominence as one of the leaders of the 2011 Israeli social justice protests, focusing on housing, public services, income inequality, and democracy, and later became spokeswoman of the movement. She was subsequently elected to the Knesset as a member of the Labor Party in 2013.  

https://www.facebook.com/shaffirstav/videos/2044633645885546

That’s all folks?

He was the longest serving Senate Majority Leader in American history (1961-1977) during which time he shepherded President Lyndon Johnson’s Great Society programs through the Senate and oversaw the Vietnam War, the Kennedy and King assassinations, and America’s social and cultural upheavals. For 12 years he served as the United States Ambassador to Japan, among the most important posts in America’s Foreign Service. As a teen he was a juvenile delinquent, but received advice from a teacher one day who told him to turn his life around and make something of himself. He did, magnificently so, becoming one of the most powerful and dignified people ever to serve in the United States Senate.

He once said: “When I’m gone, I want to be forgotten.” When he died at the age of 98 in 2001, he was laid to rest on a green slope in Arlington National Cemetery. This is how his headstone reads: “Michael Joseph Mansfield, PVT, U.S. Marine Corps, March 16, 1903 – October 5, 2001.”

I heard about Senator Mike Mansfield’s headstone epitaph last week (his wife Maurene’s name is chiseled on the other side of the stone). I remember him well during the 1960s and 1970s, and in hearing about what was written on his stone this week I was impressed by his humility in that only his name, birth and death dates, and the lowest rank in which he served in the United States Marine Corp were written.

Thomas Jefferson, not nearly as humble, had the following written on his stone at Monticello, Virginia: “Here was buried Thomas Jefferson, Author of the Declaration of American Independence, of the Statute of Virginia for religious freedom & Father of the University of Virginia.” Oddly, Jefferson omitted being the 3rd President of the United States.

Whenever I find myself in a cemetery, I’m intrigued to read what’s inscribed on grave stones, the years of a person’s life and how these people either wished to be remembered or were remembered by their loved ones. The story of Senator Mansfield inspired me into thinking what I might want written on my stone one day – hopefully, long in the future.

Like all of us, I have many identities: husband, father, grandfather, son, brother, friend, Jew, rabbi, Zionist, author, American, and man. There isn’t one word other than my name that says everything about me, though one would have to know me to know who I am. My father’s stone reads simply his name, “Beloved husband and father,” and his far-too-short lifespan – 1905-1959 – his 64th Yahrzeit is next week). Perhaps that ought to be enough for any one of us. Thoreau famously said: “Simplify, simplify, simplify.” As I age, the more his adage makes sense to me.

What is customarily written, at the very least, on Jewish tombstones in the Diaspora is the English and Hebrew name of the deceased (including the first Hebrew names of one’s parents), and the dates of birth and death in English and the Hebrew calendar. At the top is written in Hebrew פה נקבר (פ”נ – here is interred) or the abbreviation ת”נ”צ”ב”ה (תְּהֵא נַפְשׁוֹ/נַפְשָׁהּ צְרוּרָה בִּצְרוֹר הַחַיִּים – “May his/her soul be bound in the bundle of eternal life,” from I Samuel 25:29). Those same words eventually became the final blessing recited in a eulogy (Shabbat 152b).

In short, the traditional Jewish epitaph emphasizes humility, respect for one’s parents, and faith in the eternal character of the soul. Everything else is ancillary.

In a lighter vein, the words inscribed on the famous voice-over artist Mel Blanc’s stone at the Hollywood Forever Cemetery are “That’s all folks” recalling Porky Pig’s farewell following every Looney Toon cartoon. Later, Bugs Bunny said it. Blanc was the voice of both.

So – this is something about which Senator Mike Mansfield’s story inspired me to think this past week. What would I want written one day on my stone? What words sum up a life except one’s name, the names of one’s parents (and if one has children, their names too), and the span of one’s years? What’s the best way to affirm the values of dignity, integrity, generosity, appreciation, and humility that Judaism compels us to embody? Hopefully, a שם טוב – “a good name” – is enough.

The wounded Jewish psyche and the divided Israeli soul

Understanding Israel’s moment of truth – from the war on Start-up Nation, to the moral crisis in Orthodox Jewry, to the author’s personal failure of empathy for political opponents

July 28, 2023 – by Yossi Klein Halevi – The Times of Israel

Yossi Klein Halevi is among the most insightful commentators of how historic, religious, secular, emotional, political, and nationalist elements are manifesting themselves in contemporary Israel.

This 5450-word essay reflects upon the competing forces at play in the current crisis in Israel and in Israeli identity and shines a light on all that is taking place in the Knesset, the Israeli Supreme Court, on the Israeli street, and in the multiplicity of communities and homes across the country. Yossi considers the raison d’être of Zionism, the history and development of the Jewish state, the impact of antisemitism, the Holocaust, war, terrorism, and security concerns on the Israeli psyche and identity, the role of religion and nationalistic zealotry in the modern, secular, and democratic state, the intersecting tensions between the many ethnic communities that make up modern Israel, and the relationship between Israel and Palestinian-Israeli citizens and with Palestinians living under occupation in the West Bank and East Jerusalem. Far more than a critique about what is occurring in Israel today, Yossi describes thoughtfully, empathically, and self-critically how Israel has arrived at this crisis and inflection point in its 75-year history, and he lays bare the complex competing forces struggling within the heart and soul of modern Israel that defines it today and will determine what the Jewish and democratic state will become.

Despite the despair Yossi feels and expresses poignantly in his essay, on the day the Knesset passed the “Reasonableness” bill, Yossi spent ten hours with demonstrators and described the protest and his optimism on the Shalom Hartman Institute Podcast “For Heaven’s Sake” this way:

“I came away feeling we’re going to win. At the end of the protest, the leaders, who spoke so eloquently, are devoting their lives to protecting Israeli democracy. They stood on the stage together and the crowd began chanting ‘todah, todah, todah – thank you, thank you, thank you.’ It was such an overwhelmingly beautiful moment. That’s what I feel this protest movement is about. It’s this feeling of gratitude to the state, for what we owe the state. That’s why we’re all out there. And we’re going to win [over corrupt extremist anti-democratic, autocratic, and theological forces] because we [the majority of Israel] really have love on our side. What I feel from the other side is only anger and vengeance. We have anger too, lots of anger. But what makes me an optimist is that our side knows that if the government neutralizes the court, the long-term viability of the state is at risk. The other side isn’t motivated by a fear for Israel’s survival. No one on the other side believes that if the government doesn’t control the courts the state won’t survive. In this particular fight, we have the existential edge.”

I was relieved to hear Yossi’s optimistic words as he is not only a friend but a keen observer of all things Israeli and the Israeli-American Jewish relationship. Optimism, after all, doesn’t deny the difficult reality in which Israel finds itself. The late President Shimon Peres said: “There are always skeptics in life…To be an optimist you have to work very hard to maintain optimism with the people you lead and have a lot of patience. It’s more natural to be a skeptic and be on the safe side…but in my experience in life I feel that being optimistic is wiser and more realistic…” Peres reflects the spirit of Judaism’s Pirkei Avot (Sayings of the Sages 2:1) You are not obligated to complete the work, but neither are you free to desist from it.”

The case for a democratic Jewish state of Israel remains strong regardless of what the current Israeli government is doing, and regardless of the imperfections in Israel’s democracy itself.

If you read nothing else about Israel’s current crisis of identity this summer, let Yossi’s essay be the piece that you read. He helps us understand better what’s at stake for Judaism, the Jewish people, the Jewish Diaspora, and the Jewish and democratic State of Israel.  

“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