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John Roberts will not save us — but we might just able to save ourselves
One of the many virtues of Leah Litman’s lucid and blistering new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes is that it, as the title suggests, reads almost like a pulpy crime story. But unlike most whodunits, we know at the very start of Litman’s tale who dun the crime. No less unusual, Litman ends her story with what can be dun by Americans who wish to resist this state of lawlessness.
Litman is a professor of constitutional law at the University of Michigan, and co-host of the popular weekly legal podcast “Strict Scrutiny,” which subjects the decisions made by SCOTUS to scathing wit and surgical analysis. (In Litman’s wide-ranging criticism of SCOTUS, she lambastes the hypocrisy of the Republican-majority’s skepticism on abortion cases presented by Jewish plaintiffs who argue that their religious faith compels them to perform, provide, or access abortion care. As she notes, this skepticism is a decidedly unusual response from a court that is usually keen on expanding, not retracting, religious exemptions from law.)
When I spoke to Litman over Zoom, she expanded on the Roberts court’s cultural grievances, crackpot theories, and overall “bad vibes,” a term she says she uses to draw a distinction between “what some people think of as law,” i.e. “something that’s objective or determinate.” Instead, it becomes something based on feelings and what “triggers them and what upsets them,” which she sees as reflective of the “talking points and zeitgeist of the Republican Party.”
In our conversation, Litman traced the historical origins of bruised feelings and bad vibes that passes itself off as conservative jurisprudence. We can see today, she emphasized, a reaffirmation of the Lost Cause movement following the Civil War, “this firm commitment to restoring and entrenching white conservative political power and shutting out racial minorities from the political process and treating the inclusion of racial minorities in the polity as an affront to white conservatives and as a form of discrimination against white conservatives. And these same ideas seed, you know, the opposition to the modern Voting Rights Act.”
“Bad vibes” is, of course, not a term often found in the footnotes of law review articles. Yet while Litman acknowledged the term is kind of “loosey-goosey,” she sees it as the driving force behind SCOTUS’ legal reasoning. One of the many problems with vibes, Litman observed, is that “while everyone has feelings, my feelings don’t govern what other people can do. I am allowed to have feelings and views about the world. But that doesn’t mean I get to declare that everyone must make me feel good.”
In the case of the court’s conservative majority, Litman says, this means that they get to feel good about expressing their cultural and social grievances. They can, like Martha-Ann Alito, do so by, say, flying an upside-down American flag outside their house in support of the men and women who invaded the Capitol on Jan. 6. But, more importantly, they can also bring those grievances to their legal reasoning and turn our constitution upside down. (Something that Mrs. Alito’s husband has done time and again as one of our nation’s nine sages.)
Yet, though the Roberts Court — which Litman refers to in her book as “the guys (and Amy)” — might be consumed by grievance, they are not blind to the need to garb these bad vibes in the guise of theories. This is the case for originalism, a seemingly neutral method to decide cases based on a literal reading of the Constitution. Yet, the absence of any mention of women in our founding document has allowed the Supreme Court, even after the passing of the Fourteenth Amendment, to continue to deny equal rights to women.
Hence the importance of the recent overturning of Roe v. Wade. As Litman drily observed, originalism offers conservatives and reactionaries a way to speak about issues without acknowledging the actual stakes involved. It provides a kind of plausible denial from positions that, in effect, declare, “Yes, we should take away women’s birth control pills, force them to go through childbirth, and not allow them to get divorced.”
Meanwhile, as Litman remarked, the Roberts Court often dons the guise of another supposedly objective theory, institutionalism. Her critique is particularly unsettling for those of us who would like to think that Chief Justice John Roberts is an institutionalist who, like the deus ex machina in ancient Greek tragedy, will suddenly appear over the stage set and lift us free of our tragic and fatal predicament.
On one level, Litman said, “anyone looks like an institutionalist when compared to Clarence Thomas and Sam Alito. That John Roberts is more along the spectrum toward the median American voter than either of them is just obviously true and doesn’t tell us that much about whether John Roberts is actually a moderate or median. There are just so many examples where decisions by John Roberts have undermined our institutions and delegitimized our institutions.”
Consider all the decisions written or signed onto by Roberts on campaign financing, presidential powers, partisan gerrymandering, or voting rights to illustrate her claim. Clearly, Litman is not waiting for the Chief Justice to save us. “Look at all the things that Donald Trump is doing that defile our institutions and degrade our democracy. Those are things that John Roberts made perfectly clear that the president is constitutionally entitled to do. And there’s just nothing our lawmaking institutions like Congress or the federal courts can do about that,” she said.
What, then, are we to do? In her book, Litman urges the reader to “make them fight for their nihilism and obtain it at a cost.” In our conversation, she eagerly expanded on this call to action. The forces of democracy and decency cannot win this fight overnight, she told me. “There is no magic fix that will work. Instead, we need to make the case to our fellow citizens and our future elected leaders that in order to get ourselves out of this mess…and shore up our democracy so that we don’t run the risk of sliding back into autocracy and authoritarianism, we need to reform and democratize the Supreme Court.”
It is not what we might hope to hear, but it is the message we need to hear. In fact, as Albert Camus insisted, there is no reason for hope, but that is never a reason to despair. Or, as Litman concludes in her book, “the nihilistic take would be to throw up our hands and do nothing because it all seems too difficult. They’ve stolen a Court and they are practically daring anyone to challenge them. It’s time to call their bluff.”
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A Chabad Jew was stabbed in NYC. He returned the next day to continue wrapping tefillin.
(JTA) — Less than 24 hours after he was stabbed in midtown Manhattan, Yosef, a Chabad-Lubavitch man from Crown Heights, was back on the same street where he’d been assaulted, popping into Diamond District businesses as usual to help employees wrap tefillin.
Yosef, 26, who did not share his last name to maintain his privacy, told the Jewish Telegraphic Agency that he was back on 47th Street on Thursday afternoon, the day after the stabbing, without missing a beat in his Monday-through-Thursday rounds even as police investigate the incident as a possible hate crime.
A number of the people he visited pieced together that the widely circulated footage of a man being stabbed the previous night was of him.
“They were in shock. They were obviously scared for me,” said Yosef, who has been wrapping tefillin and distributing Shabbat candles to Jewish Diamond District employees for about three years. He started that routine when his father, a Chabad Jew who works in the jewelry business, realized he needed his son’s help to handle the demand for those acts. Yosef told Chabad.org that he was “still shaken” by the attack a day later.
Still, he told JTA, “We can’t allow some hate to stop us.”
Yosef said he felt it was important to communicate that message because “we need more mitzvahs in the world, we need more light in the world.”
Yosef was taken to Bellevue Hospital on Wednesday evening around 6 p.m., where medical staff assessed that he had no internal bleeding and would not need stitches. No arrests have been made, but the assailant has been described as a woman in her 40s.
The attack has renewed concerns about security that have faced Chabad adherents and institutions, which often host public events and maintain a visible street presence. But the threat didn’t diminish their presence in midtown Manhattan on Friday.
Multiple Chabad men stood under a bright yellow tent on the sidewalk wrapping tefillin for a steady stream of workers in the heavily Jewish Diamond District.
“The Rebbe says that the way to defeat darkness is only through the addition of light,” said Shmuel Cohen, who was handing out small photographs of the movement’s late leader, the Lubavitcher Rebbe Menachem Mendel Schneerson.
Cohen told JTA that he had not heard about the attack that took place just down the block two days earlier, though his partner under the sidewalk tent had. Cohen said that the best way to respond is through “the observance of Torah and mitzvot without being ashamed of our Judaism but presenting it to everyone.”
Also on Friday, Chabad officials met with New York Police Department representatives for their annual meeting about security ahead of Chabad’s international conference in Crown Heights, the Brooklyn neighborhood where the movement is headquartered. The conference begins on Nov. 5.
Chabad has been targeted in multiple high-profile attacks in the past year, including the deadly Bondi Beach shooting in Australia in December. The following month, a man rammed a car into the doors of the Chabad-Lubavitch headquarters in Brooklyn, raising further questions over how the movement should balance its commitment to making its events accessible with security.
Meanwhile, Jews have been targeted in more than half of hate crimes committed in New York City in 2026, despite making up about 12% of the city’s population.
“Security is our top priority. Our goal is to provide an environment where every participant feels safe and can fully experience the purpose and spirit of the gathering,” said Rabbi Mendy Kotlarsky, a top organizer of the upcoming conference.
In the wake of the attack, Yosef said he is not concerned about going out in public as a visibly Jewish person and doesn’t plan to change how he approaches the world.
“I was wearing the same clothes on Tuesday and Wednesday and Thursday,” he said. “I didn’t change my routine.”
This article originally appeared on JTA.org.
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They met on a Birthright trip then married. Now this American Israeli couple’s internet fame has turned to infamy.
Ethan and Hila Klein first met at Yad Vashem — Israel’s Holocaust museum — in 2007, a meet-cute they recounted, giggling, years later for their millions of YouTube followers.
“I think I went up to her and said something like, ‘They had it coming, don’t you think?’” said Ethan, known for his edgy humor and infamous internet trends, including Vape Nation and Papa Bless. “No I didn’t say that. I wonder if you would have laughed though.”
They were on a Birthright trip, Ethan an American and Hila an Israeli soldier on leave to join the group. Soon after the trip ended, Ethan moved to Israel to be with Hila, and the two began making videos under the name H3H3 Productions (the H for Hila and the 3 standing in as an E for Ethan). They married, moved to America, and started a popular podcast.
A Jewish love story, until Thursday, when Hila, now mother to their three children, accused Ethan publicly of having a months-long affair.
“The betrayal I feel is immeasurable,” Hila said in an Instagram post. “My only family on this side of the world. How do I even begin to make sense of this?”
Ethan reposted her statement.
Their podcast is run by a handful of crew members who often chime in and participate in various skits and bits. The crew also shared a statement saying they stand with Hila and refuse to work with Ethan, though they added they don’t know what this will mean for the future of the show.
A couple roiled by Oct. 7
The left-leaning, secular couple’s videos and podcasts focused primarily on pop culture, internet drama and general politics, not Jewish or Israeli issues.
Both Ethan and Hila would make statements sometimes when tensions in Israel flared, and they would occasionally speak out against IDF actions that upset them.
In 2021, Ethan started a podcast with political commenter Hasan Piker, a controversial left-wing influencer, called Leftovers, a nod to their leftist politics.
Then came Oct. 7.
Ethan, an American Israeli dual citizen like Hila, was horrified by the attacks but quick to call the IDF genocidal in the aftermath. In their first episode together after Oct. 7, Ethan and Piker said the show would continue through their disagreements. The episode was tense, and it was their last.
As Piker’s rhetoric on Israel intensified and became at times antisemitic, the two began a nasty internet feud, culminating in a nearly five-hour livestreamed debate.
Piker posted about the news of the affair on X, sharing a video of Ethan and expressing disgust for men who cheat.
“Now this is a high caliber man [with] good morals,” Piker said sarcastically. He also posted “Judge me by my enemies” after sharing Hila’s statement.
Hila, who owns a makeup and clothing company, increasingly came under scrutiny by Piker and others after Oct. 7 for her service in the IDF. Artists refused to work with her. One model she hired publicly disavowed her after finding out she was Israeli.
The couple was harassed, sometimes online, sometimes in-person, as they attempted to take what they viewed as a nuanced stance in the aftermath of Hamas’ attack on Israel and the ensuing war in Gaza. The united front seemed to fortify their relationship, as Ethan, ever outspoken, routinely came to his wife’s defense.
Their show lost thousands of subscribers, but loyal fans stuck with them — fans who now say they are gutted and confused by the news of the affair. Many in disbelief noted that Ethan had Hila’s face tattooed on his arm less than two years ago as a surprise for her.
“The greatest thing a man can do for his children is to love their mother,” says the quote surrounding the tattoo.
The Forward attempted to contact the Kleins through their work emails and did not immediately hear back.
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These Jewish college students have some ‘nonnegotiables’ for El-Sayed
At the University of Michigan, first-year student Robert Kashan, 18, and sophomore Jacob Reich, 19, sat behind a large blue sign. “Some things are nonnegotiable,” it declared in all caps.
The sign laid out their requirements for any candidate seeking their support: a commitment to Jewish safety, “including for Zionist Jews,” and supporting Jewish statehood in Israel, among other positions.
“Zionism is a legitimate part of the Democratic coalition, and a lot of us are feeling less represented by the Democratic Party,” Kashan told the Forward.
The students are part of a broader “Nonnegotiable” movement in Michigan, a coalition of Jewish Democrats who are spelling out their dealbreakers for candidates ahead of the Senate election between Democratic nominee Abdul El-Sayed and Republican nominee Mike Rogers.
The movement has attracted national attention, with hundreds of rabbis across 34 states signing on to the “Nonnegotiable” demands. Meanwhile, about 20 students at the University of Michigan have publicly signed, while hundreds more offered support anonymously, according to Reich.
The “Nonnegotiable” supporters aren’t saying whom they’ll vote for if their concerns aren’t addressed — or whether they’ll vote at all. But they are pushing back against the assumption that Jewish voters will, as the saying goes, “vote blue no matter who,” urging El-Sayed to engage with their demands if he hopes to earn their support.
That’s in contrast with two other Jewish political camps, including a group called Michigan Jews for Democracy that endorsed El-Sayed. Their petition, which has garnered almost 1,000 signatures, notes that some signatories hold reservations about El-Sayed but are voting for him nonetheless as a check on President Trump.
“We understand that a vote is not a valentine; it’s a strategic chess move,” the petition reads.
A competing petition, dubbed “Michigan Jews Against Extremism,” has drawn hundreds of signatures from Michigan Jews who plan to vote for Rogers. That petition similarly emphasizes that Rogers voters may still have reservations about the candidate: “Our vote for Mike Rogers does not require that we agree with him on every issue or that we support President Trump,” it reads.
“Nonnegotiable,” meanwhile, rejects the idea that Jewish voters would have to choose between Zionist and Democratic values. Some have criticized the nonnegotiable movement for ignoring the reality of the electoral choice at hand. Others have called it “a veiled attempt to excuse the actions of Jewish Democrats who want to feel validated about voting for Mike Rogers.”
But Kashan and Reich, who met at Hillel and plan to major in political science, said the “Nonnegotiable” movement was the only way they could see themselves engaging in the election, as they felt increasingly pulled between their identities as Democrats and as Jews.
Some Michigan Jews have expressed alarm at El-Sayed’s questioning of whether Israel should exist as a Jewish state and his decision to campaign alongside controversial Twitch streamer Hasan Piker, who has been accused of antisemitic rhetoric. Rogers, who Trump has endorsed, earlier this week called El-Sayed “anti-Jew.”
In a letter to Michigan Jews, El-Sayed has vowed to “stand up against antisemitism and take the threat of violence against our Jewish community incredibly seriously.” He has also hired a Jewish liaison in the final weeks leading up to the election.
This will be the first election when Kashan, who just turned 18, is eligible to vote, and Reich’s first national election after voting in a local primary in his hometown of Palo Alto, California. For both, voting Democratic in their first major election had once seemed like a given.
“I’m a Jewish Democrat, and I want Democrats to take the Senate,” Reich said. “I want to vote for a Democrat in my own state.”
They’re still holding out hope that will happen — and that, with less than two weeks until the Nov. 3 election, El-Sayed will sign on to their petition.
And if he doesn’t? Neither student is ready to say.
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