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March 2017

EU Court Rules Companies Can Bar Muslim Head Scarf Ruling comes amid the rise of prominent anti-Muslim political candidates in the Netherlands and France By Emre Peker

BRUSSELS—The European Union’s top court ruled that private employers can ban the Muslim head scarf, saying in its first decision on the continentwide controversy that curbs on religious symbols in the workplace don’t constitute discrimination.

Tuesday’s ruling by the 15-judge panel of the European Court of Justice comes as Europe is roiled by disagreement over how to address the influx of mostly Muslim migrants from the Middle East and North Africa and what represents an acceptable level of religious expression at work and in public.

The issues are at the center of Wednesday’s elections in the Netherlands, where the Freedom Party of Geert Wilders, a far-right, anti-Islam lawmaker, is posing a stiff challenge to Prime Minister Mark Rutte.

They are also reverberating in France, where polls indicate that anti-Islam right-wing politician Marine Le Pen will win the first round of voting in April’s presidential elections.

In their decision, the judges of the Luxembourg-based court said a private company’s prohibition on wearing a head scarf didn’t constitute “direct discrimination based on religion or belief.”

It follows years in which populist movements have ramped up attacks on Islam, portraying the religion as incompatible with European values. Their anti-immigrant rhetoric has resonated with many voters, forcing centrist political parties that for decades championed EU diversity to also embrace tough stances on divisive matters.

“The ruling is surely an ingredient for cohesion and social peace throughout Europe and notably in France,” said François Fillon, the conservative French presidential candidate who lost his lead in the polls amid a corruption probe.

Ms. Le Pen publicized her stance against Islam during a February visit to Lebanon, where she refused to cover her head to meet the country’s top Sunni Muslim cleric.

Last summer, France was gripped by controversies as dozens of towns pushed to ban the full-body swimsuit known as burkini worn by Muslim women. A top French court suspended the orders, citing fundamental freedoms.

In the Netherlands, Mr. Wilders has seen his popularity peak as he called for shutting mosques and banning the Quran. Mr. Rutte eventually hardened his stance to counter Mr. Wilders’s rise, telling immigrants to either adapt to the Netherlands or go home.

Amid a groundswell of populism, Tuesday’s court decision risks being a harbinger of broader discrimination, rights activists said. CONTINUE AT SITE

For George Eliot, to Appreciate the Jews Was to Save England by Alan Arkush

“I am Daniel Deronda.” https://mosaicmagazine.com/observation/2017/03/for-george-eliot-to-appreciate-the-jews-was-to-save-england/

With these words, Colonel Albert Edward Goldsmid, formerly of the Royal Munster Fusiliers, presented himself to Theodor Herzl in 1895 when the latter, who was soon to found the World Zionist Organization, made his first trip to England in search of supporters. There was some truth to what Goldsmid said. Like the eponymous hero of George Eliot’s 1876 novel, Goldsmid grew up as an Englishman, unaware of his Jewish origins, but ultimately returned to his people and became an early lover of Zion.

Goldsmid’s story, however, was much simpler than Deronda’s. The son of baptized Jews, he was a young officer serving in India when he first learned the truth about his background and reverted to Judaism—much as, in recent years, some Portuguese descendants of conversos have rejoined the Jewish people after uncovering their family history. By contrast, the coincidence-strewn path that leads Daniel Deronda, the ward of an English aristocrat, to the happy discovery that he is a Jew unwinds over hundreds of pages.

It all begins with Deronda’s rescue of a young waif named Mirah Cohen, who is about to drown herself. His efforts to assist Mirah in locating her long-lost mother and brother lead him to London’s Jewish East End, where he makes the acquaintance of a certain Mordecai, who is actually, as Deronda eventually learns, none other than Mirah’s brother, Ezra Mordecai Cohen.

And who or what is Mordecai to Deronda? Consumptive, not far from death, he is a Jew who clings to a vision of his people’s restoration to the Holy Land. This vision he struggles to transmit to Deronda, of whose own Jewishness Mordecai is almost completely convinced despite the latter’s honest but ignorant demurrals. Still, before he has any inkling of his own true identity, Daniel does figure out the two siblings’ relationship and succeeds in reuniting them. In the course of doing so, he falls in love with Mirah.

Not long afterward, the unrelated intervention of a friend of Daniel’s grandfather induces the Jewish mother whom Daniel has never met to summon him to Genoa, where she explains the lengths to which she has gone to spare him the burden of Jewishness. To her dismay, but not to the reader’s surprise, Daniel proclaims himself glad and proud to learn that he was born a Jew.

Upon returning to England, Daniel shares the good news with his new Jewish friends. Mordecai dies shortly afterward, content that he has breathed his soul into Daniel, and the novel ends with the newlywed Daniel and Mirah heading east together to fulfill Mordecai’s Zionist dreams. As the novel is set during the time in which Eliot was writing it, Daniel and Mirah would have moved to the land of Israel roughly two decades before Herzl would come to write The Jewish State.

So this,in a nutshell, is the story of Daniel Deronda. But it is by no means all there is to George Eliot’s Daniel Deronda, an 800-page novel of which the tale of Daniel’s Jewish and Zionist initiation constitutes but a part. Indeed, in the eyes of one prominent 20th-century literary critic, the Jewish component of the book was wholly dispensable. The illustrious Cambridge professor F.R. Leavis dreamed of “freeing by simple surgery the living part of [this] immense Victorian novel from the dead weight of utterly different [that is, Jewish] matter that George Eliot thought fit to make it carry.”

And what was that “living part”? Specifically, Leavis proposed to sever, from the story I’ve just summarized, the “compellingly imagined human truth of Gwendolen Harleth’s case-history” and make it into the core of a presumably renamed novel. But who or what is Gwendolen Harleth to Daniel Deronda? A vivacious, alluring young woman suddenly reduced from a coddled existence to one of “poverty and humiliating dependence,” Gwendolen has been maneuvering to claw her way out through a marriage of convenience to a wealthy aristocrat she knows is unworthy of her. Her life intersects with that of Deronda already in the novel’s first pages, but they do not converse with each other until halfway through. As Gwendolen’s wretched marriage becomes more and more excruciating, Deronda becomes at first her moral adviser and then the object of her strongest affections. But not even the fortuitous death of her husband can bring him within her reach.

Apparently unimpressed by Gwendolen’s sad story, the book’s first Hebrew translator, David Frischman, made it his business, as Gertrude Himmelfarb has observed, to perform Leavis’s surgery “in reverse” by publishing a Hebrew edition “without the Gwendolen distraction.” Indeed, many appreciative readers of Daniel Deronda, even if they have never entertained the thought of operating on it, have found themselves wondering about the relationship between its two rather disparate parts.

The Middlebury Aftermath Robert George and Cornel West issue a defense of free speech.

Amid the icy Nor’easter that hit the east coast Tuesday, a clear ray of intellectual sunshine emerged: Professors Robert George of Princeton University and Cornel West of Harvard University posted online, for national signatures, a petition in defense of freedom of speech. You may find it at http://jmp.princeton.edu/statement.

Their statement—“Truth Seeking, Democracy, and Freedom of Thought and Expression”—follows on the heels of last week’s remarkable free-speech statement by professors at Middlebury College, which now has more than 100 signatures at that small Vermont institution.

Both efforts come in the aftermath of a protest at Middlebury against scholar Charles Murray of the American Enterprise Institute. That protest turned into a mob action, including an assault on Middlebury professor Allison Stanger, who had questioned Mr. Murray on stage.

For years, Professors George and West, the former a conservative and the latter a socialist, together taught a class at Princeton on how to listen to contrary points of view. Middlebury’s violence drove home what many in academia have come to see more clearly now—that the most basic tenets of free inquiry and exchange are under unprecedented pressure in the U.S., not least at universities.

The George-West statement stands as a forceful rebuttal to the all-too-frequent attempt to stigmatize opponents into silence. We hope it gains the national support it deserves.

The Next Litvinenko Another Russian whistleblower is poisoned in Britain.

Watch what you eat, please. That’s our plea to Russian defectors as evidence mounts that the death of a U.K.-based whistleblower may have been caused by poisoned soup.

Alexander Perepilichny was jogging in Surrey in November 2012 when he collapsed and died. Investigators initially blamed natural causes, though there was reason to suspect foul play in his death at age 44.

Perepilichny had been cooperating with a Swiss probe into Russian money laundering and official corruption. He had also offered information in the case of Sergei Magnitsky—the lawyer who died in a Moscow prison in 2009 after blowing the whistle on Russian corruption—to the fund that hired Magnitsky. Perepilichny had received death threats from the Russian underworld, according to police investigators.

A formal inquest into the Perepilichny case was launched in 2014, but it hasn’t gotten under way in part due to delays over the disclosure of U.K. government intelligence. Lawyers for Perepilichny’s life insurer told a pre-inquest hearing Monday that traces of a deadly toxin derived from the gelsemium plant had been found in his stomach. Police experts discovered the substance but concluded it was sorrel from a soup. The inquest, which formally begins June 5, must examine whether the gelsemium was substituted for the harmless sorrel.

This echoes the 2006 murder of Alexander Litvinenko, the Russian intelligence defector who died in London after being poisoned with polonium, along with the more recent case of Vladimir Kara-Murza, the opposition activist who recently survived his second poisoning in as many years. Perepilichny’s family, not to mention the British public, deserve to know whether Russian authorities have perpetrated a second such crime.

The Health Bill’s Fiscal Bonus The best chance in a generation to control a runaway government.

The furor over the Congressional Budget Office’s report on the House GOP health bill is concentrated on predictions about insurance coverage, which suits Democrats fine. Lost amid the panic is that CBO shows the bill is a far-reaching advance for the market principles and limited government that conservatives usually favor.

The CBO is not omniscient, but if its projections are even close to accurate then ObamaCare repeal and replacement is the most significant government reform in perhaps three decades. Under conventional (static-revenue) scoring, the bill cuts spending on net by $1.22 trillion and eliminates a raft of new taxes worth $883 billion through 2026.

Despite this tax reform and new refundable tax credits for individual insurance purchases, the bill still reduces the deficit by $337 billion. Reducing spending, the tax burden and further debt generation is an enormous pro-growth fiscal bonus.

President Obama sought to permanently increase the government’s share of the economy to redistribute income to reduce inequality. ObamaCare was his spending wedge to force tax increases long after he had left office. The House health-care bill is the first crucial step to limit that wedge and restore the federal fisc to a more sustainable long-term path.

Absent reform, the brutal budget math is that the U.S. is headed for a debt crisis; major tax increases that subtract from GDP and living standards; or deep and immediate cuts to entitlements that Americans have planned their lives around—or maybe all three. The longer Washington waits, the more painful and politically convulsive the corrections will be.

We keep reading that President Trump and Speaker Paul Ryan are on a collision course over entitlements, though when was Medicaid demoted from entitlement status? The bill transitions the program’s funding formula to block grants starting in 2020—for the first time, limiting the automatic and open-ended commitment that defines an entitlement.

GOP Senators Say House Health Bill Won’t Pass Without Changes Concerns mounted after independent report showed millions would be uninsured By Kristina Peterson, Michelle Hackman and Louise Radnofsky

WASHINGTON—Republican senators, alarmed by a nonpartisan report showing millions would lose insurance under the GOP health-care plan, warned Tuesday that the bill wouldn’t become law without fundamental changes.

At least a dozen Republican senators, including some who had previously kept a low profile in the health debate, made clear they had concerns over the bill’s policy proposals, complicating House leaders’ hopes that the bill’s momentum would overpower internal GOP infighting over legislative details.

Flashpoints included the potential loss of insurance coverage, changes to Medicaid, the trajectory of premium prices and the bill’s impact on costs paid by older, low-income and rural Americans.

Concerns mounted on Capitol Hill after the Congressional Budget Office, the independent legislative analyst, released a report on Monday that estimated the GOP health plan would reduce deficits by $337 billion over the coming decade and increase the number of uninsured by 24 million in 2026, compared with current law.

While many Republicans lauded the plan’s impact on the deficit and the high cost of premiums, the rising chorus of concerns means congressional GOP leaders and the White House will have to delicately balance modifying the bill in ways that appease one faction of Republicans without alienating another.

On Tuesday, the White House sought to discredit the report’s projections as unreliable, while Republican senators said they would push for an array of changes, including more assistance for older and low-income people to buy health insurance.

“This is difficult—it’s 18% of the economy,” said Sen. John Boozman (R., Ark.). “My concern is not with the timeline; my concern is doing it right.” CONTINUE AT SITE

Defense Secretary Mattis withdraws Patterson as choice for undersecretary for policy

Defense Secretary Jim Mattis has withdrawn retired senior diplomat Anne W. Patterson as his choice for undersecretary for policy after the White House indicated unwillingness to fight what it said would be a battle for Senate confirmation.

U.S. officials said that two members of the Senate Armed Services Committee, Sens. Tom Cotton (R-Ark.) and Ted Cruz (R-Tex.), were strongly opposed to Patterson’s nomination because she served as U.S. ambassador to Egypt from 2011 to 2013, a time when the Obama administration supported an elected government with ties to the Muslim Brotherhood that was ultimately overthrown by the Egyptian military.

The withdrawal leaves Mattis with a bench still empty of Trump-appointed senior officials, a situation that stretches across the administration as Cabinet secretaries have not chosen or the White House has not approved nominees. Although Obama administration holdovers remain in a few jobs, after eight weeks in office, President Trump has not nominated a single high official under Cabinet rank in the Defense or State departments.

In the service branches, former Republican congresswoman Heather Wilson has been named, but not confirmed, as Air Force secretary, while picks for Army and Navy secretaries have withdrawn from consideration.

The White House plans this week — perhaps as early as Tuesday — to announce a handful of approved nominees proposed by Mattis for senior Defense Department positions, but Patterson will not be among them, according to officials who spoke on the condition of anonymity about internal decision-making.

Mattis’s acquiescence to Patterson’s withdrawal came after he fought and won a major battle with the White House to remove Iraq from the list of majority-Muslim countries whose citizens are barred from U.S. entry under Trump’s executive order on immigration.

RICHARD BAEHR: TRUMP THE PEACE PROCESSOR

At the end of last week came news that U.S. President Donald Trump had phoned Palestinian Authority President Mahmoud Abbas and invited him to visit the White House. This followed a meeting in Ramallah between Abbas and CIA Director Mike Pompeo, as well as other lower level communications between administration officials and the PA, including with Palestinian business leaders.

When Barack Obama was inaugurated president in 2009, his first call to any foreign leader was made that same day to Abbas. It took seven weeks for Trump to match Obama’s outreach. The difference undoubtedly reflects an overall shift in orientation and emphasis, but also a reflection of how a president can communicate a level of interest and support in a cause or a country even if little of substance has changed.

For eight years, Israelis fretted with good reason that their ties with the United States were threatened by the hostility of the Obama administration, particularly on the issue of settlement construction. Pretty much every Israeli announcement of any phase of a settlement construction project was met with a nasty public rebuke, even if the construction involved work in settlements that have always been assumed by all the American peace processors, Democrat or Republican, to be in communities that would remain part of Israel in a final status deal with the Palestinians. This understanding had been put in writing by President George W. Bush and Prime Minister Ariel Sharon in 2004, but Obama never paid it any heed. The final rebuke was the American acquiescence through its abstention on the noxious Security Council resolution passed just after the 2016 election, which labeled all Israeli activity beyond the Green Line as that of an occupier.

The cold shoulder carried over into American pressure during the last Gaza war in 2014, when the U.S. Federal Aviation Administration issued an alert about the safety of Ben-Gurion Airport, when a rocket fired by Hamas landed a mile away, thereby shutting down U.S. air traffic to Israel for 36 hours. There were also repeated criticisms of Israeli actions that caused any Gazan civilian casualties, though Hamas seemed to be acting to ensure these would occur by storing and then firing rockets from the grounds of hospitals, mosques, schools and densely populated civilian areas.

And of course there was the American obsession with concluding a deal with Iran on its nuclear program, which effectively traded a short-term reduction in the level of Iranian centrifuge activity for a windfall of $100 billion in cash, sanctions relief, and America looking away as Iran violated other Security Council resolutions on missile development and arms sales, and as Iran stepped up its aggressive activities in Iraq, Lebanon, Syria, Yemen and other countries.

FAUX RACISM BY MARILYN PENN

In a letter to the editor posted in last Sunday’s NYTimes magazine, the writer had this to say:

“Thank you Nikole Hannah-Jones for making plain how antiblackness and the effort to subjugate black and brown people and those deemed “other” are enduring subtexts to all our fights around education. There is a direct line from efforts to eradicate the language and culture of native people to the substandard education offered to the formerly enslaved and our ‘no excuses” or test-obsessed charters today….The underlying theory is that schools sort students into winners and losers, that parents want to seek competitive advantage so their children are on top and the means for gaining advantage as well as the results are highly racialized to maintain white supremacy.” (Beth Glenn, Director , Education Justice Network, ( NYT 3/12/17)

Ms. Glenn is obviously unaware that as of 2014, it is Asian “other” students who constituted 73% of the enrollment at Stuyvesant, 62% at Bronx Science and 61% at Brooklyn Tech. So much for white supremacy at those public schools in New York where performance is judged by merit, not by race. Asian parents traditionally resist putting their children into English as a Second Language class where students often languish unsuccessfully for years. They do not consider that their native language is “eradicated” when their children learn the native language of the country where they live. They properly understand that language is a vital necessity in the path to educational and professional success. No black or Latino children today are formerly enslaved but that desire for victim status is a giveaway to Ms Glenn’s mode of thinking and her inability to grasp that “no excuses” is another reality and a character building tool for gaining a foothold in a competitive society

Sadly, black and Hispanic enrollment at these special schools is in single digit percents and surprisingly, the minority with the highest poverty rate among New York’s races is also Asian. Rather than complain about disadvantage, they seem determined to instill the values of hard work, perseverance, willingness to do what is necessary without feeling aggrieved or looking for cop-outs. Unfortunately, too many who determine policy at the Board of Education seem to be more n line with Ms. Glenn’s unproductive attitudes. Standards constantly get lowered so that students who are deficient in English and Math get pushed ahead anyway, though too many drop out and only 65% graduate from high school on time. Currently, students can appeal the grade on their Regents exam if they have taken the test twice, passed the course and scored between 62 – 64; the new proposal is to further lower that to 60. Compare this with the graduation rate of 85% for Asians and 82% for whites. New York has just eliminated a required literacy test for its teachers, further dumbing down the standards for working in the field of education along with the possibility of acquiring one.