The Celebrate Israel Festival on May 31 at Pier 94, slated to be the largest gathering to date of Israeli-Americans in New York.
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.
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On his shloshim, I want to discuss a term I’ve heard countless times about Rav Aharon: Gedol HaDor
After obsequious claims of devotion to Israel, Obama took to criticizing Israel on peace process
Mr. Obama, Israeli voters have democratically chosen to apply Israeli sovereignty over Judea&Samaria
Ronen Shamir’s just the latest tenured Leftist convicted of sexual misconduct with his own student
NY Times precious front page ink is only reserved for portrayals of Israel as the aggressor.
Although I loved law school, I doubted myself: Who would come to me, a chassidish woman lawyer?
American Jews who go gaga for Obama are first and foremost “Liberals of the Mosaic Persuasion”
“Illinois is the first state to take concrete, legally binding action against the BDS campaign”
Many books have supported the preferability- not to be confused with desirability- of the status quo
Consider the Pope’s desperation, reading daily reports of the slaughter of Christians by Muslims
The contrast between a Dem pretending to love Israel & a Dem who truly loves Israel is CRYSTAL CLEAR
Pentecost, derived from the Greek word for 50, is celebrated 50 days after Easter.
U.S and European demands for the creation of a Palestinian State in the West Bank is world hypocrisy.
We take a whole person approach, giving our people assistance with whatever they need.
“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.”
The president is unwilling to cede any of what he considers his exclusive powers in the area of foreign policy and has struggled mightily to keep the Senate away from any role in the kind of deal to be negotiated.
A committed Religious Zionist, he was a sought-after adviser on Zionist affairs around the world.
More important, Mr. Obama is simply acceding to Iran’s position on the timing of the lifting of sanctions.
For our community, Mrs. Clinton’s foreign policy record will doubtless attract the most attention. And it is a most interesting one.
Printed from: http://www.jewishpress.com/indepth/editorial/tenafly-new-jersey-eruv-controversy/2001/12/07/
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