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November 5, 2014

Obituaries: Week of November 7, 2014

Leave a Comment / Obituaries /

Leo Adelman died Sept. 15 at 95. Survived by daughters Lesley, Debra; 3 grandchildren. Malinow and Silverman

Marilyn Benton died Oct. 1 at 84. Survived by  daughter Marcie (Rick) Leoff; son Randall (Cindy); 4 grandchildren; 3 great-grandchildren. Hillside

Harold Bidnick died Oct. 3 at 71. Survived by wife Elaine; sons Scott (Maralee), Philip (Malissa). Malinow and Silverman

Sylvia Birnberg died Oct. 7 at 94. Survived by daughter Margaret (Morton) Bauchman; son Fred (Kait Matthews); 6 grandchildren; 6 great-grandchildren. Hillside

Rivian Chaikin died Oct. 4 at 84. Survived by sons Michael (Alexis Carson), Richard (Denise), Steven; 6 grandchildren; 1 great-grandchild. Hillside

Rosalyn Fenton died Oct. 2 at 93. Survived by daughter Jackie Marcus; son Leslie (Ardie) Malo; 5 grandchildren; 9 great-grandchildren. Mount Sinai

Joel Fishman died Oct. 5 at 70. Survived by wife Lenore; daughter Jamie (Joseph) Daddio; son Marc (Janette); 3 grandchildren; mother Pearl; brothers Martin (Cheryl), Allen (Dale). Mount Sinai

Helen Fluger died Oct. 6 at 92. Survived by sons Alan (Marian), Ian (Leslie); 4 grandchildren; 2 great-grandchildren. Mount Sinai

Scott Allan Goldberg died Oct. 4 at 47. Survived by daughters Megan, Blair; mother Florine; father Stephen; brother Paul; former wives Nicole Hanratty, Julie. Mount Sinai

Lawrence Jay Grill died Oct. 6 at 77. Survived by wife Joan; daughter Elizabeth; son Steven (Nicole); 4 grandchildren. Groman Eden

Marlene Guttenberg died Oct. 3 at 81. Survived by husband Edward; daughters Wendy Nathan, Barbara; sister Lois Krane; 2 grandchildren. Hillside

Annette Halpern died Sept. 22 at 58. Survived by daughter Lorrena (Matt) Luftig; 2 grandchildren; sister Sharon Goldfinger; brothers Sheldon, Mark. Malinow and Silverman 

Charles Haueisen died Sept. 29 at 84. Survived by wife Margaret; daughters Grechen (Roger) Shreck, Kim (Henry) Drummond, Adrian (Mike) Robles; sons Mark, Robert Morris, Jeff (Kristy); 16 grandchildren. Hillside

Sylvia Joyce Hoffman died Sept. 27 at 91. Survived by daughter Fae Hoffman-Buckner; sons Jon, Joel (Judy), Nathan (Madelyn); sister Gloria Spodick; 7 grandchildren. Mount Sinai

Scott Jacks died Oct. 1 at 65. Survived by wife Marsha; daughter Lauren; son Gregory; sister Lisa (Jeffrey) Jacks Lazar; brother-in-law David Koperski. Hillside

Marlene Katz died Sept. 28 at 80. Survived by husband Byron; daughters Michele Catain, Jody, Leslie; son Michael Catain; sisters Florence (Sol) Catain, Sybil (Dick) Israel; 3 grandchildren; 4 great-grandchildren. Groman Eden

Richmond Kauffman died Sept. 20 at 96. Survived by sons Andrew (Ronnie), Richard (Ellen Jewett). Malinow and Silverman 

Richard Klein died Oct. 5 at 87. Survived by son Lawrence; daughter Julie (Mark) Lipetz; brother Harold; sister Sylvia Porton; 2 grandchildren. Hillside

Jerry Kobin died Sept. 6 at 84. Survived by wife Leanne; daughter Susan Skolnick. Malinow and Silverman 

Aaron Kumetz died Sept. 24 at 88. Survived by wife Renee; daughters Linda Waxman, Nancy Lee; 3 grandchildren; sister Rebeca Tabak. Malinow and Silverman 

Ann Roselyn Lavick died Oct. 4 at 93. Survived by daughter Barbara; sons Andrew, Richard; 7 grandchildren; 22 great-grandchildren. Groman Eden

Phyllis Levy died Oct. 7 at 96. Survived by son Steven (Miriam); sisters Kay Israel, Rachel Senzell; 2 grandchildren. Hillside

Meyer “Mike” Meyerson died Oct. 4 at 88. Survived by daughters Barbara Stallone, Andrea (Maureen Guthman); son Alan (Mary); 2 grandchildren; 6 great-grandchildren; brother Dave (Arlene); sister-in-law Shirley Rickus; nieces and nephews. Groman Eden

Muriel Mitchell died on Oct. 6 at 89. Survived by daughter Rhona (Avi) Wacht; son Burton; 9 grandchildren. Mount Sinai

Sidney Morgan died on Oct. 6 at 85. Survived by daughters Debbie Gravelle, Barbara Bertholio; sons David, Stuart; 7 grandchildren; 8 great-grandchildren. Mount Sinai

Behrouz Noparvar died Sept. 28 at 61. Survived by daughters Priscilla (Chris) Colwell, Michelle; son Bobby (Marina) Anvaripour; father Rohollah; mother Balporia; brothers Pyrouz (Mahin), Bahram (Dorit); sister Farideh (Nasser) Pooradi; 4 nieces; 7 nephews. Chevra Kadisha

Jane Oudiz died Sept. 29 at 87. Survived by daughter Susan (Mark) Johnson; brother Mike Holt. Malinow and Silverman 

Ronald Retin died Oct. 4 at 72. Survived by wife Badonna; sons Bill (Stephanie), Terry (Rhonda); 4 grandchildren; sister Randy Miller. Mount Sinai

Phyllis Rolnick died Sept. 24 at 94. Survived by son Ronald. Malinow and Silverman 

Louis Rosenthal died Sept. 8 at 100. Survived by wife Marjorie; daughter Andrea (Donald) Katz; 1 grandchild. Malinow and Silverman 

Ida Rusonick died Oct. 2 at 100. Survived by daughter Linda (Charlie) Dodt. Hillside

Joseph Sheres died Oct. 6 at 91. Survived by son Sidney (Celeste); 2 grandchildren. Hillside

Jason Andrew Shraga died Sept. 30 at 8 months and 21 days. Survived by father William; grandfathers Jose Santigo, Mike; grandmothers Janet Santigo, Esther. Preceded in death by mother Consuelo and twin brother Matthew. Mount Sinai

Sidney Simmons died Oct. 7 at 92. Survived by wife Dorothy; daughter Barbara Lazar; son Philip (Linda); 4 grandchildren; brother Fred. Mount Sinai

Arlene Solomon died Sept. 30 at 77. Survived by sister Marilyn Wiener; nephew Ronald Wiener; niece Debbie Stone,. Hillside

Mildred Lapson Stevens died Oct. 4 at 91. Survived by husband Herbert; daughters Anita (Brent) Hunsaker, Deborah (Dennis) Hutton; 4 grandchildren; 8 great-grandchildren. Mount Sinai

Trixie Wachsner died Sept. 26 at 87. Survived by daughter Tracy (Jay) Goldman; sons Timothy (Risa), Terry (Kathy); 3 grandchildren. Mount Sinai

Alex Weinper died Oct. 3 at 93. Survived by daughters Deoborah (Richard Moore) Harpster, Sandra Besner; son Brad; 8 grandchildren; 7 great-grandchildren; former wife Roberta. Mount Sinai

Dorothy Zuckerman died Sept. 30 at 97. Survived by daughters Barbara, Carole; 2 grandchildren. Malinow and Silverman

Obituaries: Week of November 7, 2014 Read More »

Letters to the editor: Self-criticism, Cannon films and the mikvah scandal

Leave a Comment / Letters to the Editor, Opinion /

You’re Your Worst Critic

I found David Suissa’s article “Exporting Self-Criticism” (Oct. 31) really powerful. Instead of thinking that Israeli President Reuven Rivlin’s words were troubling, I was shown the opposite. Instead of being bothered by Israel being a sick society, it proves that Israel’s self-criticism only makes it better. Telling the world that Israel is a sick society that needs treatment doesn’t scare Israel; instead, it propels it forward. This shows us that Israel doesn’t let others dictate its behavior. Israelis don’t care what others have to say, and they do what is right for them. Being self-critical is what makes you want to do better, and we see that by Israel being a global leader in different aspects. Being able to fail only brings you to achieve goals. Israel is not perfect, but being able to self-criticize shows the world that they want to be better.

Adi Raviv, Los Angeles

As a believer in criticism to obtain results, I found David Suissa’s article extremely accurate. As shocking as it may have been to hear the Israeli president himself condemn Israel’s society, it was also remarkable. I believe it takes a true leader and believer in making society better to speak up and criticize their own country’s wrongdoings. The return of hostility between Israeli Arabs and Jews due to the Gaza war was a perfect flaw to pinpoint, and hopefully that hostility will change. I agree that a sick society is one that does not acknowledge itself as sick, and that is the flaw in other countries. Other countries cannot openly admit that their societies are blemished and they refuse to seek change. 

Thank you to Suissa for pointing out that self-criticism is the path to change for the better.

Shira Jedian, Los Angeles

Exposed

The response of L.A. rabbis to the [Barry] Freundel mikveh scandal in Washington, D.C ., is heartening, but not enough to create systemic change (“L.A. Rabbis Seeking to Reassure Mikveh Users of Facilities’ Privacy,” Oct. 24). Ryan Torok’s article seeks to answer the question — is this a unique case, or is there an inherent flaw in rabbinic court procedures?

From my experience working with rabbinic courts on cases of Jewish divorce, I maintain that it is a confluence of the two; that is, for those who are corrupt, absolute power corrupts absolutely. Freundel has a morally deficient character, but if keys to the future of a particular woman reside solely in the hands of one person, it invites corruption. Especially where the long arm of the Israeli rabbinate in our Diaspora communities confers that power, upon a particular rabbi or a single rabbinic court.

To create systemic change in L.A., we need an independent liaison between the Rabbinical Council of California, the Orthodox congregational rabbis, and the men and women they serve. We need an address to which concerns, complaints and demands for policy changes can be addressed.

Esther Macner, president and founder, Get Jewish Divorce Justice 

Old Pals

Naomi Pfefferman’s article on Menahem Golan and Yoram Globus (“Rise and Shine, Crash and Burn: The Untold Story of Cannon Films,” Oct. 24) brought back a lot of memories. I dealt with them extensively when I was editor of the Hollywood Reporter. Golan and Globus made themselves very well known, albeit not always on the favorable side. I eventually bought stock in Cannon, although everyone warned me not to do so. I bought on the strength of the two producers, and the stock made money for me because I sold when they told me to. 

They were Hollywood’s rascals. The best way I can describe them.

Frank Barron, Sherman Oaks

Wanted: Photos of Tom Bradley for Upcoming Documentary

We are producing a documentary on former Mayor Tom Bradley for a national public television broadcast. Jews and African-Americans were at the heart of the Bradley coalition, and we want to show images that convey the relationship in the film. We are searching for images, literature and videotape from the 1969 and 1973 elections, etc. We are also looking for images of Jewish opposition to Louis Farrakhan’s 1985 speech in Los Angeles.

If you have any of these photographs, literature or videotape, please contact Lyn Goldfarb at lyn@mayortombradley.com or call (323) 669-1106. Our website is  mayortombradley.com.

Lyn Goldfarb, producer, “Bridging the Divide: Tom Bradley and the Politics of Race”

correction

An article about an electoral debate between Congressional candidates Ted Lieu and Elan Carr (“The Democrat and Republican Vying to Claim Waxman’s Legacy,” Oct. 31) mistakenly said that Lieu is a former California state senator. He is still serving in that role.

Letters to the editor: Self-criticism, Cannon films and the mikvah scandal Read More »

Is she Jewish? Rabbinate says yes, Israel says no

Leave a Comment / Culture /

In 2012, Anna Varsanyi was married in an Orthodox Jewish ceremony conducted through Israel’s Chief Rabbinate.

Two years later, the Hungarian immigrant has made a life in Israel, settling with her husband in the central city of Modiin and working a desk job in a hospital. She is weeks away from having her first child.

But when the baby won’t be Jewish, according to the State of Israel.

Varsanyi, 30, is the victim of an unusual bureaucratic mix-up.

Israel abounds with immigrants who are considered Jewish by the state but not by the Orthodox Chief Rabbinate under its stricter qualifications. Varsanyi is the rare case in which the opposite is true.

Born to a Jewish mother, Varsanyi meets the Chief Rabbinate’s standards for who is a Jew. But Israel claims Varsanyi isn’t Jewish because her mother converted to Christianity.

Varsanyi says her mother is Jewish and it was her great-grandmother who converted — in 1930.

“It’s like they tell you, ‘Come, make aliyah, you’re Jewish, you’re one of us,’” Varsanyi said, using the Hebrew word for immigration to Israel. “But when you’re already here, they say ‘You’re second-class, you’re not one of us. So you might as well leave.’ ”

Born under Hungary’s Communist regime to a Jewish mother and a non-Jewish father, Varsanyi grew up barely aware of her Jewish heritage. But a growing interest in her Jewish roots led her to study Yiddish literature and culture at university and to register for a 10-day Birthright Israel trip. Next came a year abroad at the University of Haifa, where she met her Israeli future husband. After a stint working for the Jewish Agency for Israel in Budapest, she immigrated in 2011.

Varsanyi gained citizenship under the Law of Return, which requires only one Jewish grandparent for an immigrant for automatic citizenship. Varsanyi’s maternal grandfather was unambiguously Jewish.

But when Israel’s Interior Ministry saw a document concerning her great-grandmother’s conversion, they refused to register her as Jewish, claiming she was raised Christian. To be recognized as Jewish, the ministry told Varsanyi, she needed to convert.

Except Varsanyi can’t convert because she is already Jewish according to Jewish law, which doesn’t recognize conversions to other religions. The chief rabbinates of both Israel and Hungary consider Varsanyi, her mother, her grandmother and her great-grandmother to be Jewish.

“It’s hard to imagine anybody more committed to the Jewish people than someone like Anna,” said Rabbi Seth Farber, the founder of Itim, an Israeli organization that guides people with religious status issues through Israeli bureaucracy. “They’re simply not looking at the facts. This woman’s basic rights are being violated, and those of her unborn child are being violated.”

At first, the Interior Ministry’s decision had little effect. Varsanyi already had citizenship and was married, the two areas in which issues of personal religious status are most likely to cause problems.

But last year she began petitioning the ministry for a change in status, worried that her future children would not have their marriages recognized by the government.

“I think it’s ridiculous,” Varsanyi said. “Why would they force me to convert when I’m Jewish? If I didn’t have principles or problems I’d say let them win. But I wouldn’t be able to face myself.”

The ministry has rebuffed her requests, claiming that her mother converted from Judaism before she was born. Varsanyi says this is not true, that it was her great-grandmother who converted.

The ministry also has refused to rely on the Chief Rabbinate’s recognition of Varsanyi as Jewish, despite a 2012 law allowing it to do so. Interior Ministry spokeswoman Sabin Haddad told JTA that the ministry has asked the rabbinical court that declared Varsanyi Jewish for an explanation but has yet to receive a response.

After several rejections, Varsanyi has come to feel like the ministry’s employees “don’t give a crap.” She said she once met with a ministry official, who after reading her papers said, “I don’t know what you want because you’re not Jewish.”

“It was traumatic — I almost cried,” she said. “Like, ‘Welcome to Israel: You’re not a Jew.’”

Is she Jewish? Rabbinate says yes, Israel says no Read More »

SCI-Arc exhibit reconsiders a future for Auschwitz

Leave a Comment / Culture, Is Featured?, Mobile, Mobile-Homepage, News /

The word Auschwitz connotes more than just the concentration camp in Poland that carries the name. It’s shorthand for the horrors of the Holocaust and evidence of man’s capacity for extreme inhumanity to man.

And perhaps because the place is such a symbol, nearly 70 years after World War II ended, a sometimes heated debate continues among historians, architects and archaeologists about how to properly preserve the site of the atrocities, including the neighboring site of Birkenau, or Auschwitz II.

Two Los Angeles-based architects, Eric Kahn and Russell Thomsen, partners in IDEA Office, developed their own unsolicited proposal for the site. Although Kahn died in June, Thomsen carried on, and now the fruits of their work are on display through Nov. 30 at the downtown campus of the Southern California Institute of Architecture (SCI-Arc) in an SCI-Arc exhibit reconsiders a future for Auschwitz Read More »

Calendar: November 8-14

Leave a Comment / What's Happening /

SAT | NOV 8

PINK’S HOT DOGS FOR SALE

To commemorate its 75th anniversary, this favorite local eatery will be hosting “Chili Dogs for Charity” — 75 cents per dog for 75 minutes every night for one week. All proceeds go to a different charity each night. This week, you can finally make use of that age-old adage: “Yes, I’m eating seven chili dogs — it’s for charity!” Sat. 7 p.m. 75 cents (limit seven hot dogs per person). Through Nov. 13. Pink’s Hot Dogs, 709 N. La Brea Ave., Los Angeles. (323) 931-7594. SUN | NOV 9

MONICA PIPER

This Emmy-winning writer and stand-up sensation is feeling “Farmisht, Farblungit & Farklempt” and she’s gonna tell you about it. Monica Piper has written for television classics “Roseanne,” “Mad About You,” and “Rugrats.” She had a special on Showtime called “No, Monica … Just You” and was named one of the top five female comedians in the country by American Comedy Awards. Sun. 3 p.m. $20 (advance, members), $22 (advance, nonmembers), $25 (door). Temple Akiba, 5249 S. Sepulveda Blvd., Culver City. (310) 670-6394. ” target=”_blank”>sephardicfilmfestival.com.

MON | NOV 10

“THE RED TENT”

Anita Diamant’s New York Times best-seller comes to life in the upcoming Lifetime miniseries starring Morena Baccarin, Minnie Driver, Iain Glen, Debra Winger and Rebecca Ferguson. A first-person narrative about the story of Dinah — daughter of Jacob and sister to Joseph — the series explores the traditions and turmoil of ancient womanhood. It’s the world of the red tent, a place women are sent during the cycles of birthing, menses and illnesses. This exclusive screening of the first episode will be followed by a conversation with Diamant, moderated by author and Jewish Journal columnist Gina Nahai. Mon. 7 p.m. Free. Must RSVP to jsmith@wisela.org. Stephen S. Wise Temple, 15500 Stephen S. Wise Drive, Los Angeles. (310) 476-8561.TUE | NOV 11

“HERSHEY FELDER AS IRVING BERLIN”

In the mood for the American dream? Perfect. Hershey Felder — who previously embodied George Gershwin for a one-man show — is now bringing Irving Berlin to life. The composer, who escaped czarist Russia to New York’s Lower East Side, eventually became a citizen of the world, his musical contributions far-reaching and long-lasting. From “God Bless America” to “White Christmas,” his songs are unforgettable classics. Written by Felder and directed by Trevor Hay, it’s a production you can count on. Tue. 8 p.m. $37-$82. Through Dec. 21. Geffen Playhouse, Gill Cates Theater, 10886 Le Conte Ave., Los Angeles. (310) 208-5454. ” target=”_blank”>hollywoodpantages.com.

THU | NOV 13

THE SECOND CITY’S 55TH ANNIVERSARY TOUR

Despite its name, this improv group is second to none. Founded in 1959 in Chicago, the troupe has spent the last 55 years expanding to Canada and producing some of our favorite and defining comedic icons. Alumni include Alan Arkin, Gilda Radner, Eugene Levy, Tina Fey, Stephen Colbert and more. Spreading the funny internationally and domestically, tonight’s festivities will showcase both new and classic sketches. Don’t forget to bring tissues (assuming you cry when laughing uncontrollably). Thu. 7:30 p.m. $45-$55. Valley Performing Arts Center, 18111 Nordhoff St., Northridge. (818) 677-3000. FRI | NOV 14

“CALLOUSED HANDS”

Josh is a 12-year-old boy in a tricky family situation. His mom needs money, and his mom’s boyfriend is a little too aggressive about Josh making it as a future baseball player. Tensions rise until Josh’s grandfather, Solomon, steps in with a proposition: financial help if Josh studies to have a bar mitzvah. Directed by Jesse Quinones, the film stars Andre Royo, Daisy Haggard and Luca Oriel. Fri. Various times. $11 (general), $8 (seniors, ages 11 and under, bargain matinee). Playhouse 7, 673 E. Colorado Blvd., Pasadena. (310) 478-3836. ” target=”_blank”>crtheatre.com. 

Calendar: November 8-14 Read More »

Lee Zeldin becomes Congress’ sole Jewish Republican as GOP retakes Senate

Leave a Comment / United States /

Results late Tuesday showed Republicans winning control of the United States Senate as well as wins for fresh faces with close Jewish and pro-Israel ties.

In Long Island, Lee Zeldin, a state senator, was set to become the sole Jewish Republican in Congress, ending a short drought that commenced with the defeat of Rep. Eric Cantor in the Republican primary in June.

As of 11:45 pm eastern time Tuesday, Republicans were projected to pick up seven Senate seats, one more than the six they need to win control of the upper chamber. Sen. Mitch McConnell (R-Ky.), the Senate minority leader who handily beat back a challenge from Alison Lundergan Grimes, spoke in his victory speech as if he was ready to lead the Senate.

“Friends, this experiment in big government has lasted long enough,” he said, alluding to Republican claims that President Obama overreached with his signature health care reform. “It is time to go in a new direction. It is time to turn this country around.”

As of late Tuesday, two other Jewish House candidates had come up short, while the two Jewish senators up for reelection both kept their seats.

Rep. Brad Schneider (D-Ill.) lost to Robert Dold in Illinois’ 10th after serving just one term in Congress. And in Colorado, Democratic challenger Andrew Romanoff failed in his bid to unseat incumbent Republican Mike Coffman

In Minnesota, Sen. Al Franken defeated Republican Mike McFadden to win a second term. And in Hawaii, Brian Schatz defeated Republican Cam Cavasso to hold the seat he was appointed to when Daniel Inouye died in 2012.

In New York’s 3rd district, Zeldin defeated Democratic U.S. Rep. Tim Bishop. Zeldin had campaigned in part by saying he would revive the Jewish GOP presence in Congress after Cantor’s defeat. Dave Brat, the Tea Party candidate who defeated Cantor, also won the general election Tuesday.

Jack Moline, who directs the National Jewish Democratic Council, said the Democratic defeats in the sixth year of Barack Obama’s presidency demonstrated a frustration with gridlock.

“Results produce results,” Moline told JTA. “For whatever reason, and I would attribute it to the obstinacy of Republicans in Congress, the president hasn’t been able to accomplish what he wants to accomplish.”

Matthew Brooks, the director of the Republican Jewish Coalition, agreed that the election was a referendum on Obama’s inability to get results.

“The Republicans have made significant gains and the American people have clearly spoken and clearly want a different direction for the country.” he said.

Brooks predicted early action on Iran in the next congressional session. The current majority leader, Sen. Harry Reid (D-Nev.), has been able to head off GOP bids to intensify sanctions against the Islamic Republic, which the Obama administration opposes while negotiations are underway to reach a long-term deal over the country’s nuclear program.

“Obama is going to have real tsuris because he won’t have Harry Reid to block and tackle for him,” Brooks said, using the Yiddish word for “troubles.”

Brooks’ RJC congratulated the national party and noted its own role in bringing about the gains.

“Our members contributed and raised millions of dollars for campaigns around the country,” its statement said. The RJC political action committee “made significant contributions to critical races,” it said. “And our grassroots events energized our members to participate in get-out-the-vote efforts.”

Moline also faulted Democrats and his own organization for ignoring Jewish voters in key states, including Georgia and Virginia. In Virginia, Sen. Mark Warner (D-Va.) faced an unexpectedly strong challenge from Ed Gillespie. In Georgia, Michelle Nunn, the daughter of the long-serving Democratic senator Sam Nunn, was defeated by Republican David Perdue.

“There are more Jewish voters in Georgia than in Michigan,” Moline said. “There was a tremendous effort to turn out Latinos and African Americans, but very little effort for Jewish voters.”

There were some wins for candidates with unusual Jewish community ties. Sen. Tim Scott (R-S.C.), named by the state’s governor to the seat in 2013 after Jim DeMint retired, was elected outright, remaining the only African American Republican in the Senate. He is close to Nick Muzin, an Orthodox Jew who formerly served as his chief of staff and who now advises Sen. Ted Cruz (R-Texas) a likely candidate for the GOP presidential nod in 2016.

In New Jersey, Sen. Cory Booker (D-N.J.), elected in a special election last year after Sen. Frank Lautenberg (D-N.J.) died, won his first six-year term outright. Booker, an African American who headed a Jewish studies group when he studied at Oxford University, remains close to the New Jersey Jewish community.

In Pennsylvania, Democrats scored a rare win, picking up the governor’s mansion. Tom Wolf, the victor, is close to the small Jewish community in his native York, Pa. and is a major contributor to the local Jewish community center.

Lee Zeldin becomes Congress’ sole Jewish Republican as GOP retakes Senate Read More »

In Jerusalem passport case, justices consider congressional role in foreign policy

Leave a Comment / Culture, United States /

A lawyer for a boy born in Jerusalem whose parents want Israel listed as the birthplace on his U.S. passport tried mightily this week to make a Supreme Court hearing mainly about their wish, but the justices kept upping the ante.

That might mean bad news not just for 12-year-old Menachem Zivotofsky and his folks. It could also present a problem for the prospects of U.S. recognition of Jerusalem as Israel’s capital should the court defer to the Obama administration’s argument that a 2002 law allowing the Israel listing infringes on the president’s prerogative to set foreign policy.

Alyza Lewin, the lawyer who represented Zivotofsky in oral arguments at the court Monday, acknowledged that the tenor of questioning indicated support among the justices for the idea that the case hinges on the separation of powers between the executive and legislative branches.

But in gamely parrying some tough questions in her first appearance before the nation’s highest court, Lewin sought to downplay the significance of recognizing Zivotofsky’s birthplace as Israel, saying it was an issue of personal choice and not an attempt to interfere with the president’s right to recognize foreign governments.

“We gave the court alternative arguments, that what you put on a passport does not amount to recognition,” Lewin told JTA.

Monday marks the second time that the Supreme Court has heard arguments on the constitutionality of the 2002 law, which allows U.S. citizens born in Jerusalem to have Israel listed as their birthplace on their passports.

The measure was enacted by President George W. Bush, but both he and Obama have declined to enforce it. The Zivotofskys filed suit after the State Department refused their request to list Menachem’s birthplace as Israel.

In 2009, an appeals court ruled that the passport question was a political issue beyond the scope of the the judiciary to decide. Three years later, the Supreme Court overruled that finding and ordered the lower court to rehear the case. Last year, the appeals court ruled that the executive branch prevailed on matters of foreign policy, prompting Zivotofsky to appeal again.

The justices seemed skeptical of Lewin’s claim that the Zivotofskys’ bid did not challenge the presidential recognition prerogative.

“What is the effect of this statute other than something that goes to recognition?” Justice Elena Kagan asked.

“This statute is a statute that was created to give individuals the right to self-identify as they choose that they were born in Israel,” Lewin replied.

Kagan said that if that were true, “this is a very selective vanity plate law,” noting that Americans born in Northern Ireland could not identify as being born in Ireland. “And for that matter, Kagan said, “if you are an American born in Jerusalem today, you can’t get the right to say Palestine.”

Anthony Kennedy, often a swing justice on the nine-member court who more often than not sides with the conservative wing, also seemed skeptical of Lewin’s claim.

“Do you want us to say in our opinion that this is not a political declaration?” he asked.

Lewin answered in the affirmative.

“Well then,” Kennedy said. “I’m not sure why that Congress passed it then.”

Like Bush before him, Obama maintains that changing the wording on passports would damage the American role as a peace broker in the Middle East by favoring an Israeli claim to Jerusalem. Since Israel declared independence in 1948, the United States has maintained that no country has sovereignty over Jerusalem and that the city’s status must be determined by negotiations.

A win for the Obama administration would inhibit Congress’ ability to affect foreign policy, said Marc Stern, the general counsel for the American Jewish Committee, which filed an amicus brief on behalf of Zivotofsky. Such an outcome could have an immediate impact by, for example, limiting congressional ability to restrict the dimensions of a nuclear deal with Iran, Stern said.

“It won’t be just a decision on presidential power around the world, it will also be understood as undercutting Israeli claims to Jerusalem,” Stern told JTA. “In the real world it will have impact and we’ll have to figure out what to say at that point. What does that mean for what the administration says about a final settlement, and is west Jerusalem up for grabs?”

Lewin said she was not concerned that a decision, even one that goes against her client, would have such broad ramifications. The current court has been known for narrowly casting its decisions and avoiding far-reaching constitutional conclusions.

“I don’t see this court writing an opinion giving the executive branch such broad power in foreign policy that it cuts out Congress from that role,” said Lewin, the daughter of seasoned Supreme Court lawyer Nat Lewin.

Lewin did acknowledge, however, that the ruling could have far-reaching import for Jews and their attachment to Jerusalem.

“Getting this practice changed is very important psychologically, regardless of separation of powers,” she said. “And this case has raised awareness. Before this, many people were unaware that the formal position of the United States is not recognizing Israel’s capital as Jerusalem.”

Nathan Diament, the Washington director of the Orthodox Union, which filed an amicus brief on behalf of Zivotofsky, said that while Lewin was casting her case as the choice of an individual, it had broader meaning.

“There are many American Jews and other Americans who think it’s absurd that the United States and other world governments do not extend to Israel the courtesy they extend to other countries by recognizing where its government sits as its capital and has not located its embassy there,” he said.

In Jerusalem passport case, justices consider congressional role in foreign policy Read More »