The Volokh Conspiracy
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An Unfair and Uninformed Attack On Rebecca Taibleson's Jewish Faith
The Jewish Federation is a widely regarded Jewish charity that supports all Jews, and it is beyond the pale to attack a person based on their Rabbi.
Last month, I wrote about President Trump's nomination of Rebecca Taibleson to the Seventh Circuit. In recent weeks, I've heard rumors of opposition to Taibleson's nomination on the right. All candidates should be subject to public scrutiny, but one set of attacks, I think, crossed the line.
Taibleson has been attacked for donating a small sum of money to the Milwaukee Jewish Federation. In most cities with a Jewish population, the Federation exists as an umbrella organization that supports all Jewish causes. The Federation supports Jewish education, summer camps, services for seniors, helps Jewish people in times of crisis, and more. To be sure, there are Jewish people on the far left of the aisle. (Trust me, I know.) And they support all sorts of DEI activities. But the Federation also supports conservative and orthodox groups as well. And in our current moment, the Federation has been steadfast on support for Israel. Am Yisrael Chai. The people of Israel live.
My kids go to a JCC camp, which is funded by the Jewish Federation of Houston. Do I approve of everything the Federation does? Of course not. But I support much of their work, and have financially supported the Federation of the years.
I agree with Mike Fragoso's analogy to Catholic Charities:
But, you see, Taibleson donated a paltry sum to the Milwaukee Jewish Federation and they support LGBT rights. The Milwaukee Jewish Federation is the blanket Jewish social-services organization in Milwaukee, sort of like a Jewish version of Catholic Charities. Should we think that Brett Kavanaugh supports open borders because he volunteered for Catholic Charities? That will be news to the illegal aliens getting caught up in Los Angeles's renewed ICE sweeps. The fact is that you can infer malice in most any charitable act if only you choose to approach it in bad faith.
Another attack is far more scurrilous: that the Rabbi who married Rebecca and her husband supports LGBT causes. I think going after a person's spiritual leader, and house of worship, is beyond the pale. Full stop. The Religious Test Cause, whatever it means, should ensure that we do not scrutinize how a person worships the almighty. Moreover, most Reform synagogues have inclusive policies for gays and lesbians. But that doesn't mean everyone who attends the synagogue agrees on those issues. As I've said many times before, there is no single standard of Judaism. There is no Jewish equivalent of a pope. In a given synagogue, worshippers are not required to agree with their rabbi on everything or anything. Indeed, it is an old pastime for people to complain about everything their rabbi says and does.
Do we really want to start scrutinizing the particular religious beliefs of a judicial candidate? I think the answer has to be no.
Tomorrow is Rebecca's hearing, on Constitution Day fittingly enough. I hope these attacks concerning religion stay out of the proceedings.
