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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.”

Leah Litman is the author of ‘Lawless’ and the co-host of the podcast ‘Strict Scrutiny.’ Courtesy of Leah Litman

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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Israel Warns Citizens in UAE to Keep Low Profile Amid Iranian Drone, Missile Strikes

Smoke billows from Zayed port after an Iranian attack, following United States and Israel strikes on Iran, in Abu Dhabi, United Arab Emirates, March 1, 2026. Picture taken with phone. Photo: REUTERS/Abdelhadi Ramahi

Israel’s National Security Council has urged Israelis in the United Arab Emirates to exercise extreme caution as Iran continues its campaign of drone and missile attacks across the country and broader Gulf region, warning that their safety could be directly at risk.

Jews and Israelis living in the UAE are being advised to avoid public events, synagogues, Israeli-linked businesses, and unnecessary gatherings, including at airports, unless holding a valid flight ticket.

Israeli authorities also instructed employees of companies linked to Israel to stay away from offices and facilities for their own safety.

As flights to and from the UAE remain unpredictable, travelers are strongly advised to avoid itineraries with layovers in the country.

The Israeli government confirmed that supplementary flights bringing Israelis home from the UAE are expected to conclude by Sunday, March 15.

As the war escalates, Iran is continuing to attack neighboring countries and regional interests of the US and Israel, launching waves of drones and missiles that have struck Gulf states, hit critical infrastructure, and forced heightened security measures across the Middle East.

While the US-Israeli campaign has destroyed much of Iran’s military capabilities, thereby reducing their rate of missile fire, launches are still occurring.

Iran has launched more than 1,800 drones and missiles at the UAE since the war began two weeks ago, the latter’s defense ministry said on Friday. While most of the projectiles have been stopped by interceptors and other defensive measures, six people have been killed and 141 have been injured, in addition to significant damage.

In an interview on Friday, UAE Minister of State Lana Nusseibeh urged Iran to cease its attacks on neighboring countries if it seeks a negotiated end to the conflict.

“Ultimately, it will be a diplomatic solution, but there needs to be that tipping point moment, and I think that [US President Donald Trump] will lead us all to that moment in his time,” Nusseibeh said.

“It is difficult to talk about mediation when under attack … Mediation can only happen when the guns go silent,” she continued.

Nusseibeh also expressed that the region was shocked by Iran’s “egregious, illegal, and unlawful attacks” on Gulf nations and Jordan.

According to her, Iranian officials gave no warning that the UAE would be targeted during talks in Tehran two weeks earlier, making the attacks “so shocking and so egregious.”

Iran claims its strikes target the US military presence across the Middle East — including bases in the UAE, Gulf states, Iraq, Jordan, and Turkey — framing them as retaliation for American actions in the region.

However, Iranian drones and missiles have struck key infrastructure, including Dubai Airport, major hotels, and the UAE’s financial hub, sending shockwaves through the region and triggering heightened security alerts across neighboring countries.

The UAE’s top diplomat warned that restoring relations with Iran to their pre‑war status would be nearly impossible, pointing to “the destruction and the chaos that Iran has caused in the region,” as evidence of the deepening regional crisis.

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Temple Israel was my home — and what I learned there can help us get through this difficult moment

Temple Israel has long been a staple of the Detroit Jewish community — and in many ways, it has been a cornerstone of my own life. My connection to that synagogue stretches back to my earliest musical memories.

My first voice teacher, in 8th grade, was the wife of Temple Israel’s cantor, Neil Michaels. As a teenager, I sang in their choir, the Teen T’filah Team, where I was first exposed to the music of the Reform movement and where I first experienced the use of instrumentation in services. It was there that I first learned the song Kehilah Kedoshah by Dan Nichols, a piece I now frequently sing with our own East End Temple choir. As a high school student, I even sang alongside the cantors there during High Holiday services. Throughout childhood I remained close with all three of Rabbi Paul Yedwab’s children, as we attended school together, were in theatre together, and travelled to Israel together.

Temple Israel is where my mother studied for her adult bat mitzvah which was officiated by Rabbi Harold Loss. And it was Temple Israel that took me on my first and second trips to Israel — experiences that profoundly changed the trajectory of my life, deepening and reframing my relationship with Judaism, and ultimately inspiring me to devote my life to the Jewish people. I still vividly remember our 2010 Teen Mission to Israel, led by Rabbi Josh Bennett. On that trip, I realized something transformative: that clergy could be more than just symbolic exemplars of a community, but also fun, adventurous, relatable, deeply present in the lives of young people, and powerful influences on their willingness to engage in Jewish life.

That trip had an unquantifiable impact on me. It was on that drive home from the airport that I decided Judaism needed to once again become a more central part of my life. Two weeks later, for my senior year of high school, I made what felt at the time like a radical decision: I transferred from West Bloomfield High School to the Jewish Academy of Metropolitan Detroit (now the Frankel Jewish Academy).

During that year, I began seriously exploring whether I might pursue a career in the cantorate. I arranged an off-campus internship that allowed me to compare and contrast the life and role of the cantor in both the Conservative and Reform movements. Once a week, I studied privately with Cantor Meir Finkelstein at my family’s Conservative congregation, Shaarey Zedek, and another day each week, I studied with Cantor Michael Smolash at Temple Israel. Aside from my internship, my favorite class that year was a course called Denominational Differences, co-taught by rabbis from the Orthodox, Conservative, and Reform movements — including two of my own beloved rabbis, Aaron Starr (Shaarey Zedek) and Josh Bennett (Temple Israel). In fact, that very subject eventually became the topic of my master’s thesis in cantorial school.

Needless to say, it is unlikely that I would be standing here today as your cantor were it not for the profound influence that the Metro Detroit Jewish community—and Temple Israel in particular—had on me throughout my childhood.

It is for this reason that yesterday’s news struck me so deeply. Learning of antisemitic attacks in the news is always painful and disturbing. Yet, as the frequency of these attacks across the globe becomes evermore pervasive, it’s difficult not to become slightly jaded or emotionally hardened — a natural coping mechanism to deal with ongoing trauma. People are not meant to live in a state of perpetual anxiety and hypervigilance.

But yesterday’s attack on Temple Israel shook me to my core. It is impossible not to experience antisemitism differently when it touches your own community. Realizing that one of my childhood synagogues was the target of a terrorist attack feels surreal. We know intellectually that terrible things happen in the world — but we rarely expect them to happen to us. We must, therefore, remain forever mindful that tragedy is always personal to someone.

Even amid this frightening event, I am profoundly grateful for the brave security personnel at Temple Israel — especially their director of security, Danny — who quite literally put his life on the line to protect everyone inside the building, including the 106 preschool children and teachers who were in class at the time. We pray for the swift and complete physical and emotional healing of those officers, and we hold them in our hearts. It is truly miraculous that no civilians were injured during this attack. And the outpouring of support from the broader Metro Detroit community has been extraordinary — especially from our non-Jewish friends and neighbors who did not hesitate to help in our time of need.

We are particularly grateful to the Chaldean (Iraqi-Christian) community who opened their homes and businesses to shelter those fleeing the scene. The Chaldean-owned Shenandoah country club, museum, and cultural center across the street immediately welcomed and protected those seeking refuge. The fact that Shenandoah — the largest Chaldean community center in the United States — stands directly across the street from Temple Israel — the largest Reform synagogue in the United States — is no coincidence. It reflects the deep personal and communal ties between our communities.

When I was a student there, West Bloomfield High School was comprised of roughly one-third Jewish and one-fifth Chaldean students. Our communities shared classrooms, neighborhoods, friendships — and often cultural similarities. Both Jews and Chaldeans are Middle Eastern peoples whose identities weave together religion, culture, and ancestry. Both communities carry histories shaped by persecution and resilience. Both place profound emphasis on family, education, and tradition. In fact, back home I became somewhat known as the Chaldean community’s Jewish wedding singer, singing at numerous Chaldean churches as the bride walked down the aisle.

In moments like this, we see those shared bonds revealed in the most powerful of ways. I have no doubt that from this tragic incident something meaningful will emerge: our communities will grow stronger, more resilient, more deeply connected, and even more outspokenly proud of our identities. Hatred seeks to isolate and intimidate, but solidarity, courage, and compassion remind us that we are never alone. When neighbors protect neighbors, when communities stand together in the face of fear, we transform even the darkest moments into opportunities for unity, strength and hope.

Olivia Brodsky is the cantor and co-clergy of East End Temple in Manhattan.

The post Temple Israel was my home — and what I learned there can help us get through this difficult moment appeared first on The Forward.

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California Education Department Sues Oakland School District Over Alleged Refusal to Enact Antisemitism Reforms

Californians protesting outside the Department of Education in Sacramento. Photo: ZUMA Press Wire via Reuters Connect

California is suing one of its own publicly funded school systems, the Oakland Unified School District (OUSD), accusing its officials of refusing for several years to address antisemitism and protect the civil rights of Jewish children being subjected to abuse by both their peers and teachers.

Filed by the state’s Department of Education on March 5, the complaint alleges that OUSD’s superintendent never followed through on “corrective actions” decreed by the department to correct a hostile environment which produced “multiple complaints of antisemitism.” One of the measures called for issuing a letter to parents that “condemns antisemitism” while outlining OUSD’s efforts to combat it. The state charges that the superintendent, Dr. Denise Saddler, ignored its directive, a legal obligation as a state entity and recipient of public funds.

“No law or regulation grants OUSD the discretion to disregard or delay prompt implementation of the corrective actions mandated,” the complaint says. “Unless this court grants the relief requested, respondent OUSD will continue to fail and refuse to perform its legal duties.”

The lawsuit continues a dispute between the department and OUSD which began last year when, amid a flood of Jewish students leaving the district, the agency found OUSD guilty of antisemitic discrimination which affected both students and staff. In one incident, the district allowed the presentation of a map, prepared in support of Arab American Heritage Month, which did not include Israel. Speaking to The Oaklandside, a local newspaper, in October, an OUSD spokesman admitted that was “an oversight,” but by that time it had already happened twice.

California itself is being sued by a coalition of leading Jewish advocacy organizations over its alleged failing to address “systemic” antisemitic discrimination in K-12 public schools.

Led by the Louis D. Brandeis Center for Human Rights Under Law and StandWithUs, the legal action stems from consecutive years of antisemitic abuse perpetrated against Jewish students, parents, and teachers by anti-Zionists at every level of the school system. Court documents shared with The Algemeiner earlier this week revealed new, harrowing accusations of Jews being called “k—kes,” Jewish students being threatened with gang assaults, and K-12 students chanting “F—k the Jews” during anti-Israel demonstrations promoted by faculty.

In one highly disturbing incident described in the legal complaint, fifth graders from the OUSD were filmed by the teacher saying “Another major thing that I’ve learned is that the Jews, the people who took over, basically just stole the Palestinians’ land” and “one thing that’s really surprising to me, and that appeals to me is that the US is helping the Jews.” In another incident, the Oakland Education Association confected a curriculum in which the intifada — which refers to two prolonged periods of terrorism in which Palestinians murdered Israeli civilians — was taught to third graders as a nursery rhyme.

Litigation related to antisemitic incidents in California K-12 schools surged following Hamas’s Oct. 7, 2023, massacre across southern Israel, which triggered a barrage of antisemitic hate crimes throughout the US and the world. The list of outrages includes a student group chanting “Kill the Jews” during an anti-Israel protest and partisan activists smuggling far-left, anti-Zionist content into classrooms without clearing the content with parents and other stakeholders.

Elsewhere in California, K-12 antisemitism has caused severe psychological trauma to Jewish students as young as eight years old and fostered a hostile learning environment, according to complaints.

In the Berkeley United School District (BUSD), teachers have allegedly used their classrooms to promote antisemitic stereotypes about Israel, weaponizing disciplines such as art and history to convince unsuspecting minors that Israel is a “settler-colonial” apartheid state committing a genocide of Palestinians. While this took place, high level BUSD officials were accused of ignoring complaints about discrimination and tacitly approving hateful conduct even as it spread throughout the student body.

At Berkeley High School, for example, a history teacher forced students to explain why Israel is an apartheid state and screened an anti-Zionist documentary, according to a lawsuit filed in 2024 by the Brandeis Center and the Anti-Defamation League (ADL). The teacher allegedly squelched dissent, telling a Jewish student who raised concerns about the content of her lessons that only anti-Zionist narratives matter in her classroom and that any other which argues that Israel isn’t an apartheid state is “laughable.” Elsewhere in the school, an art teacher, whose name is redacted from the complaint for matters of privacy, displayed anti-Israel artworks in his classroom, one of which showed a fist punching through a Star of David.

In October, California Gov. Gavin Newsom signed a law which requires the state to establish a new Office for Civil Rights for monitoring antisemitism in public schools at a time of rising anti-Jewish hatred across the US. As previously reported by The Algemeiner, the bill confronted Newsom, a Democrat rumored to be interested in running for US president in 2028, with a politically fraught decision, as it aims to limit the extent to which the state’s ideologically charged ethnic studies curricula, supported by progressives and many Democrats, may plant anti-Zionist viewpoints into the minds of the 5.8 million students educated in its public schools.

Newsom, who has since endorsed the false charge that Israel is an “apartheid” state, approved the measure amid these cross currents, paving the way for state officials to proceed with establishing an Antisemitism Prevention Coordinator, setting parameters within which the Israeli-Palestinian conflict may be equitably discussed, and potentially barring antisemitic materials from reaching the classroom.

Follow Dion J. Pierre @DionJPierre.

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