The Tikvah Podcast

Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against employees on the basis of religion. An employer can’t say that he won’t hire Muslims or Mormons or Jews, and he can’t fire one of his employees because of their faith. But how is religion defined? Religion, after all, is both a belief and a practice. It’s not only what happens in the head of the believer—it’s also the actions the believer undertakes based on their religion. That question has been a major point of legal battles relating to religion and the Civil Rights Act over the last sixty years. In 1977, the Supreme Court heard the case of TWA v Hardison. Larry Hardison was a Christian employee at Trans World Airlines and felt that he could not work on the Sabbath (which his particular Christian denomination kept, like Jews, on Saturdays). TWA tried to reassign him, but that didn’t work and he was eventually fired. When Hardison sued TWA for religious discrimination, the court sided with TWA, arguing that, yes, accommodations should be made for believers, but that TWA tried to make some reasonable accommodations and could not be expected to make more than that. Not everyone on the court agreed; Thurgood Marshall wrote, in his dissent from the majority’s opinion, that “religious diversity has been seriously eroded” by the ruling. Since then, the decision in TWA v Hardison has held. Yet it may not hold for much longer. Earlier this month, the Supreme Court heard a new case about an American Christian who, like Larry Hardison, was fired for keeping the Sabbath. That case, Groff v. DeJoy, could be a major moment in the history of religious freedom in America. Nathan Diament, executive director for the Orthodox Union Advocacy Center, is the co-author of the OU’s amicus brief on this case, and also the author of an April 17 op-ed in the Wall Street Journal entitled “Can the Post Office Force a Christian to Deliver on Sunday?” He joins Mosaic editor Jonathan Silver to discuss his argument, the history of the issue, and what the Supreme Court might decide. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

About three weeks ago, Yaakov Amidror, Israel’s former national security advisor and a retired IDF major general, remarked during a radio interview that Israel must prepare for war. “It’s possible,” he said, “that we will reach a point where we have to attack Iran even without American assistance.” Why? Iran, he explained, is relatively confident in  its regional power in light of a recent agreement with its erstwhile rival Saudi Arabia and the fact that America is reducing its involvement in the Middle East. Amidror's view, therefore, is that Israel must be ready to take independent action to strike Iranian nuclear targets and safeguard its citizens. To explain that assessment, Amidror joins Mosaic editor Jonathan Silver in conversation here. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

It's sometimes argued that, as material and political and economic conditions improve in a society, that society tends to grow less religious. Polls have seemed to demonstrate for years the validity of this argument in America. Gallup, for instance, recently found that fewer than half of all Americans belong to a house of worship or religious congregation, down from about 70% at the turn of the century some 20 years ago. But perhaps such polls show do not show that Americans are becoming less religious at all. Perhaps they suggest instead that Americans are simply less devoted to traditional forms of biblical faith. That's the background for the argument advanced in the cover story of the May 2023 issue of Commentary, called "The Return of Paganism." Written by Liel Leibovitz, the editor at large of Tablet, the essay argues that the diminution of traditional forms of Christian worship has not made Americans less religious but has instead opened up space for inescapable religious impulses to find expression in beliefs that are awfully similar to ancient forms of paganism. To talk about these ideas, their manifestations in American culture and politics, and their implications, Leibovitz joins Mosaic editor Jonathan Silver. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

For patriots, patriotism, or one form of it at least, is a recognition of the obligations that flow when one recognizes all that one owes to previous generations and what they undertook and passed down. And if one wanted to inculcate that form of patriotism, how would one do it? Rick Richman has a simple and powerful answer to that question. Richman recently published And None Shall Make Them Afraid: Eight Stories of the Modern State of Israel, a book that tries to foster connection to Israel and the Jewish people by telling stories from the past. Rick’s answer: we have to teach them history. History, as he sees it, has a role to play in the formation of devotion to the Jewish people. It can help Jews see all that they owe by relaying the stories of all that their predecessors have accomplished, and by implication, what Jews now have an opportunity and obligation to pass on to their own descendants. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

Earlier this month, Yuval Levin, the editor of National Affairs, published an op-ed in the New York Times entitled “The Solution to Israel’s Crisis Might Be in America’s Constitution.” That essay forms the point of departure for this week’s discussion with Levin himself.   Levin does not, of course, think that Israel should simply adopt the American constitution, or any of its particular features. Israel is a sovereign nation with its own history and its own destiny, and no foreign documents will suit it word for word. Yet the American constitution contains within it elemental concepts of democracy, equality, and representation—understandings that the women and men now called upon to establish judicious political structures in Israel might be able to learn from as they structure their own political order. So here, in conversation with Mosaic editor Jonathan Silver, Levin expands on his essay and looks at the American constitution in search of those foundational ideas—and in particular of the ones that might be useful for Israelis at their current moment of political instability. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

Nearly 75 years ago, on May 14, 1948, David Ben-Gurion proclaimed Israel’s sovereignty: a renewed Jewish state, the political expression of the national home of the Jewish people, located in their ancestral homeland. Many essays and books have been published about the words Ben-Gurion spoke that day—Israel’s Declaration of Independence. But the professor Neil Rogachevsky and his co-author Dov Zigler take a new angle on the declaration and what it means. In a new book from Cambridge University Press, Israel’s Declaration of Independence: The History and Political Theory of the Nation’s Founding Moment, they look at the drafting process and distill from the elements that endured from draft to draft—as well as the elements that were changed or removed—a political theory of Israel's founding, in which the political purposes of the Israeli project are made most clearly manifest. How, in other words, did Israel’s founders think about rights, about citizenship, about the justifications of Israel’s sovereignty, an Israeli view of freedom, of civil order, and of religion? That’s the subject of their new book—and the subject of the conversation they have here with Mosaic editor Jonathan Silver. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

Part of what animates the two sides in Israel’s current judicial-reform crisis has to do with the specific proposals that the Knesset is currently debating. But the crisis is not only about these concrete constitutional issues. It is also a proxy for a larger cultural and sociological conflict pitting different sectors of Israeli society against one another. Critics of the proposed reforms tend to be in the political center and the political left, to be more secular or at least critical of Israel’s Orthodox rabbinic establishment, and to be comfortable in the vision of Israel passed down by its largely Ashkenazi founding generation. Supporters of the reforms, meanwhile, tend to be on the political right, to be more religious and more supportive of the rabbinate, and to belong to a coalition of Israelis with roots in the Arab Middle East, North Africa, and, in part, the former Soviet Union. Yehoshua Pfeffer is uniquely positioned to discuss all sides of the issue. A rabbi and the editor of Tzarich Iyun, a magazine of ḥaredi ideas, Pfeffer also clerked on Israel’s Supreme Court. He recently wrote an essay in Tzarich Iyun called “No Longer a Minority: Behind the Veil of Israel’s Public Unrest.” He joins Mosaic’s editor Jonathan Silver to discuss that essay and the broader schisms in Israeli society today. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

News broke last week that China had mediated a restoration of diplomatic relations between Iran and Saudi Arabia. Afterwards, analysts of the Middle East wondered what that means for the quiet relations that Israel and Saudi Arabia had been building recently thanks primarily to their joint opposition to Iran. Had Israeli domestic politics turned Saudi Arabia away? Did the American withdrawal from the Middle East over the last decade create a vacuum that China saw an opportunity to fill? How, if it all, did this relate to reports of recent liberalization in Saudi society, or the ongoing protests in Iran? Would this deal breathe new strength into the latter regime at the very moment that it has acquired new fighter jets from Russia and grows closer to breakout nuclear capacity? Jonathan Schachter, one such observer of the Middle East, thinks that the Iran-Saudi deal is, in significant measure, a diplomatic signal directed at President Biden and the United States. In conversation here with host Jonathan Silver, he looks at that deal in light of a set of Saudi announcements that were released just one day before. Those announcements hint at what might induce Saudi Arabia to formalize its relations with Israel and even more deeply root itself in the American-led, Western alliance structure. He believes that the Saudis are sending America a question: do you, the United States, want to see us go in the direction of our Thursday announcement, or do you want us to go in the direction of our Friday one? Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

To understand the dramas, disagreements, and protests roiling Israeli politics at this moment requires an understanding of the government’s proposed judicial reforms, as well as the history of Israel’s Supreme Court and its relationship to the Knesset. It also requires knowledge of Israeli society, and how the founding generations of Israel’s political leadership—which tended to be Ashkenazi, secular, and oriented to the political left—have given way to an Israeli population that tends to be more ethnically diverse, more traditional and religious, and oriented towards the political right. That history, in turn, has got to be mapped onto the fact that Israel is also home to subcommunities that each have different historical relations to one another and to the government, and that is each pursuing different interests and outcomes. To understand this Israeli moment, in other words, requires understanding how each Israeli sector—Arab, Haredi, secular, national religious—relates to the nation as a whole. This week, Jonathan Silver discusses the judicial reforms and those deeper causes together with the professor, media personality, and author Gadi Taub, as well as the political scientist, and former state department official Peter Berkowitz. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.

This year, Koren Publishers released a new edition of the book of Esther. It contains the complete, unabridged, and Hebrew text of Esther, the same text found in any other volume of the Hebrew Bible. But the rest of it is all new: a graphic novel version of the story illustrated by Yael Nathan and masterminded by Jordan B. Gorfinkel. Gorfinkel, known commonly as Gorf, was an editor at DC Comics for nearly a decade, where he managed its signature Batman franchise. The themes of American superheroes—who disguise their true identity and then at the opportune moment cast off their disguise for a higher purpose—bear not a little on the text of Esther. This week on the podcast, Mosaic editor Jonathan Silver joins Gorfinkel to discuss the editorial, artistic, and design decisions that went into the presentation of the graphic novel Esther. Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.