For One Day Only: $1=$4, Thanks to Matching from BIG Donors
In a brief filed with the United States Court of Appeals in the crucial case involving an eruv in Tenafly, New Jersey, Nathan Lewin, Orthodox Jewry's foremost constitutional litigation lawyer, presented an important argument that will, if successful, insulate all eruvim in the United States against similar constitutional attack. The Tenafly Council ordered Cablevision to remove 183 plastic strips that the Eruv Association had attached to utility poles to be used as “lechis,” which are necessary to complete an eruv. Many reportedly had reason to believe, from the debate that had preceded the order of removal, that Tenafly was simply trying to keep Orthodox Jews out of the town. But all the Council members swore that they had no anti-Orthodox bias ? which would have meant that their action against the eruv was a violation of the Constitution ? and the federal judge believed them.
The Eruv Association is appealing the decision, mainly on the ground that the judge's conclusion as to the issue of the Council-members' motives was wrong. That is a difficult argument to make because appellate courts usually accept “findings of fact” by trial judges. However, Mr. Lewin ? who represents attorney Chaim Book, a plaintiff in the case and the primary force behind the establishment of the eruv ? has presented an ingenious argument that does not depend on whether the Councilmembers lied under oath.
There are thousands of identical plastic strips on utility poles in Tenafly that are used to transmit telephone calls and cable television. If those plastic strips are allowed and even encouraged by Tenafly, how can the Town refuse to allow 183 of the same plastic strips only because they are part of an eruv? Prohibiting the innocuous act of attaching plastic strips to utility poles when they are part of a religious observance while encouraging plastic strips useful for television reception is, according to Mr. Lewin, what violates the Constitution, not the allegedly bad motives of Tenafly's elected officials. And, says Mr. Lewin, the plastic strips are also “symbolic religious speech.” Since Tenafly has allowed orange ribbons on its poles to protest a public-school policy and for “lost-dog” notices, it may not discriminate against a symbol of the eruv.
These sorts of creative arguments ? which appear to us as eminently correct and which should carry the day for the Tenafly eruv ? are what have made Nat Lewin renowned in the American Orthodox Jewish community.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
When words lose meaning, the world becomes an Orwellian dystopia; a veritable Tower of Babel
Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.
Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly
Rambam writes the verse’s double term refers to 2 messiahs: first King David; 2nd the final Mashiach
The Gaza flotilla has been rightfully and legally blocked by Israel’s Navy, with greetings from Bibi
The president described the attack as “an act that drew on a long history of bombs and arson and shots fired at churches, not random, but as a means of control, a way to terrorize and oppress…”
“The only [candidate] that’s going to give real support to Israel is me,” said the 69-year-old Trump.
And whereas at the outset the plan was that Iran would have to surrender most of its centrifuges, it will now be able to retain several thousand.
Now oil independent, US no longer needs its former strategic alliances with Gulf States-or Israel
In addition to the palace’s tremendous size it was home to the “hanging gardens,” which were counted among the seven wonders of the ancient world.
Rather than asserting Jewish rights on Temple Mount or protecting Jewish lives Israel chooses soccer
Nothing in the NEW Paris Proposal differs much from what was offered by Olmert and rejected by Abbas
Can adoption agencies limit the placement of children to heterosexual couples only?
It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.
Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?
There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.
“Let’s get something straight so we don’t kid each other…[the Iranians] already have paved a path to a bomb’s worth of material,” said Mr. Biden. “Iran could get there now if they walked away in two to three months without a deal.”
Beyond the particulars of this tragic death, however, we should all be concerned about the possibility that a criminal prosecution in a major American city is being driven by fear of mobs in the street.
Printed from: http://www.jewishpress.com/indepth/editorial/tenafly-new-jersey-eruv-controversy/2001/12/07/
Scan this QR code to visit this page online: