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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.”
The post John Roberts will not save us — but we might just able to save ourselves appeared first on The Forward.
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What Israel Can Learn From American Thanksgiving
A traditional Thanksgiving dinner. Photo: Wikimedia Commons.
Gratitude is a deeply Jewish concept, emphasized in the Biblical text, the Talmud, Jewish law, and throughout rabbinic thought. Most significantly, gratitude is woven into the rituals of daily life, including the first statement of “modeh ani” that we recite upon waking each day as well as in the morning blessings.
This overlap between the value Judaism places on gratitude and the theme of the upcoming American holiday of Thanksgiving gives us a reason to truly recognize that day as a Jewish experience. But there is another deep connection between Judaism and Thanksgiving, one that Jews everywhere, including in Israel, should be more aware of and embrace.
Many of the values that the United States was built on, including justice, equality and freedom, stem from the Bible and Judeo-Christian tradition. This should be a reminder that here in Israel as well — the land where those ideas started — we should be more cognizant of those values as a society, especially in these challenging days as we rebuild after more than two years of war and face deep divisions among ourselves.
On Nov. 26, 1789, President George Washington proclaimed a day of public thanks, saying gratitude wasn’t just a feeling but a national duty, “acknowledging … the many signal favors of Almighty God especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.”
His statement reflects the influence of the Bible on the Founding Fathers’ worldview — and not simply because he referred to the Almighty. Rather, it is important to recognize that many of the values that Americans are especially grateful for on Thanksgiving — the values that allow a form of government for safety and happiness — are derived from Judeo-Christian concepts.
As outlined in his book Reading the Bible with the Founding Fathers, Daniel L. Dreisbach, a professor at American University, describes the Bible as the most read and most quoted book in early American political discourse. Stories and quotes from the Bible were used to justify civil resistance, examine the rights and duties of citizens, and understand the role of political authority. Early American politics and its groundbreaking democratic system can only be understood properly by understanding the role of the Bible, he writes.
The Declaration of Independence and Constitution are secular documents, but the ideas contained in them have unmistakable direct roots in values illustrated in the Bible.
Although the United States faces many challenges, and the Biblical values of justice, equality, and personal freedom are not always upheld as they should be, the ideal of these values has been front and center to the country’s success and to the opportunities it has given to millions, including my own father, my in-laws, and grandparents, who immigrated to the US from the ashes of the Holocaust and were able to freely raise a Jewish family.
In Israel, also a democracy, political and community leaders need to recommit to the values of freedom, equality, and justice, especially now — not just in theory, but in policy and practice.
Even though Israel remains without a constitution, these values need to be paramount, both in speech and action; in classrooms and courtrooms; in the Knesset and in the beit knesset. Freedom must extend to agunot, women trapped in marriages that have fallen apart and are often abusive, because their husbands refuse to grant them the halachic get required for a legal divorce. Jewish law demands that state rabbinic and government officials must do more to ensure the religious and civil laws are used in ways that promote freedom and dignity for these women.
Equality must be extended to minorities, including Arabs, Muslims, Christians, and Druze, who often face discrimination. From the lack of government investment in these communities to the racism expressed by some politicians, community leaders, and parts of the general public, minorities often do not receive fully equal treatment. Equality is also a value that needs to be embraced by the citizens. The most glaring example of this today is the continuing refusal of the ultra-Orthodox sector to serve in the army, which puts an undue heavy burden on those who do serve, including secular and religious Jews, Christians, Druze, and Bedouins.
Perhaps an approach that can help is trying to be more thankful for and aware of these democratic values derived from our very own Jewish tradition, especially now as we attempt to pick up the pieces and rebuild. Part of being thankful is looking beyond ourselves.
This is illustrated in a powerful way in the order of the words in the morning recitation of “modeh ani” — “thankful am I.” Usually the order would be “ani modeh” (“I am thankful”), but this prayer flips that order, emphasizing the thankfulness before the “I.” This implies we are better off as individuals, as a family, community and as a society when the first word out of our mouths is “thanks” rather than “I.”
During the Civil War, President Abraham Lincoln established an official date for Thanksgiving as a national holiday and called on everyone to care for the widows, orphans, and the wounded as the nation sought healing. This is the spirit we need in Israel now: to use gratitude as a moral call to rebuild our society, rooted in the very Biblical values that have long given hope to the world.
Rabbi Dr. Brander is the President and Rosh HaYeshiva of Ohr Torah Stone, a network of 32 educational institutions in Israel. He previously served as a vice president at Yeshiva University in New York and is Rabbi Emeritus of the Boca Raton Synagogue in Florida.
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Israel Launches New Military Operation in Northern West Bank
Israeli soldiers walk during an operation in Tubas, in the West Bank, Nov. 26, 2025. Photo: REUTERS/Mohamad Torokman
Israeli security forces took up positions inside the northern West Bank city of Tubas on Wednesday and ordered some Palestinian residents from their homes in a counterterrorism operation.
Tubas Governor Ahmed Al-Asaad told Reuters Israeli forces, backed by a helicopter, were encircling the city and establishing positions across several neighborhoods.
“The incursion looks to be a long one; occupation [Israeli] forces have driven people from their houses, commandeered rooftops of buildings, and are conducting arrests,” he said.
The Israeli military said the operation carried out with police and intelligence forces began early on Wednesday following “preliminary intelligence identification of attempts to establish” terrorist strongholds and infrastructure.
The military said it located “an observational control room” during its searches of dozens of homes in the West Bank.
Israeli vehicles could be seen driving through the city, with troops patrolling streets carrying rifles and rocket launchers. Troops were also seen in the nearby town of Tammun.
PALESTINIANS ARRESTED, TROOPS SET UP ROADBLOCKS
Al-Asaad said Israeli forces ordered those whom they forced out of their homes not to return until the operation ends, which he anticipated could last several days.
“They are continuing to complete their control of the city,” he told Reuters, with Israeli forces setting up roadblocks and so far detaining at least 22 Palestinians.
The West Bank is home to 2.7 million Palestinians who have limited self-rule under the Palestinian Authority. Hundreds of thousands of Israelis have settled there.
Wednesday’s activity extends military operations launched by Israeli forces across parts of the northern West Bank this year, beginning with the city of Jenin in January days after US President Donald Trump returned to the White House.
Since Hamas carried out the Oct. 7 attack on Israel from Gaza two years ago, Israel has sharply curtailed movement in the West Bank, with new checkpoints erected and some Palestinian communities effectively sealed off by gates and roadblocks.
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A Reason for Jewish Hope: Perseverance Has Always Seen Us Through
The Western Wall and Temple Mount in Jerusalem. Photo: Wikimedia Commons.
In recent years, Jews across the world have witnessed intimidation, harassment, and even instances of violence. These developments are serious, and they deserve our full attention. Yet even in this climate, we must remember that we have, as President Franklin D. Roosevelt once said, “a rendezvous with destiny.” That rendezvous, when viewed across the arc of Jewish history, remains a profoundly hopeful one.
It is easy to feel overwhelmed in a moment like this. But perspective matters. If one were to graph the trajectory of the Jewish people across millennia, the line would not appear as a clean upward slope. It would look more like a stock market chart — containing multiple peaks and valleys. And yet, despite every downturn, the long-term trend has always been upward. It is important to recognize this as we endure the news cycle on a daily basis.
Children often repeat sayings like, “sticks and stones may break my bones, but words will never hurt me,” or “what doesn’t kill us makes us stronger.” We know reality is more complicated: words can harm, and challenges can shake us, but those old sayings contain a deep truth. Hardship, while never sought after, can strengthen us and forge unity. When we remember who we are — and what we have already overcome — we rediscover the inner steel that has carried our people through history’s darkest chapters.
This perspective is helpful today, especially as we confront new challenges from seemingly every direction. In New York City, for example, we will have a mayor — Zohran Mamdani — whose positions and rhetoric pose real questions as to whether he will defend Jewish people in New York against those who want to intimidate our community. The recent protest held outside a synagogue hosting a Nefesh B’Nefesh event was not just disruptive; it was frightening. Mamdani’s official response — which criticized the event itself — was lacking to say the least.
But even here, it is important to have perspective. Compared to the past violence and destruction we have been through, the challenges of this moment — though real — are not insurmountable. And unlike many eras of the past, today we have power and resources to fight back, and a state that exists to protect Jews with a Jewish army.
This does not mean that we are just passive passengers on history’s ride. Quite the opposite. We have obligations to resist with all our might in education, in advocacy, in political engagement, and in communal solidarity. We must defend our institutions and support those on the front lines, and we must cultivate the courage to stand proudly as Jews and supporters of the only Jewish state at a time when hiding might feel easier.
But humility is also part of wisdom. We are a people of roughly 15 million among billions. There are limits to the amount of influence we can exert on the world around us — and we can’t beat ourselves up too much about things that remain largely out of our control. The winds of history blow with a force larger than any one community. We have great challenges and even greater opportunities that point toward a future of continued growth, strength, and security.
It is natural to feel concern, even fear, when living through a period of backlash. Regression always feels permanent when you are inside it. But history tells a different story. This moment may be a valley, but valleys precede rises. We have every reason to believe that a rise is coming. Our rendezvous with destiny has never changed — and it is brighter than this moment suggests.
Daniel Rosen is the Co-founder of a Non-profit Technology company called Emissary4all which is an app to organize people to impact the narrative and move the needle on social media and beyond . He is the Co-host of the podcast “Recalibration”. You can reach him at drosen@emissary4all.org