By Rabbi Leonard Rosenthal
SAN DIEGO — One of the less laudatory traditions of our political system is elected officials “rewarding” their friends and supporters with appointments to positions such as ambassadorships, judgeships, and other offices. While the appointees may be well-qualified, they are not always the most qualified person for that position.
In parashat D’varim, Moses tells the Israelites that he had instructed judges: “You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s…” (Deut. 1:17)
The Midrash expands his words, “You shall not be partial in judgment,” to include even those who appoint judges. Those who appoint judges must leave their personal feelings out of the process. They must not say: “This person is nice, so I will make them a judge” or “That person is a hero, so I will make them a judge” or “That person lent me money, so I will make them a judge” or “That person can speak many languages, so I will make them a judge” – not because these people are evil, but because they are not experts in the Torah’s laws. Those who appoint judges must also be impartial.
So what might we surmise about the vacancy on the Supreme Court and the political circus surrounding the replacement process?
I think it is safe to say that Midrash would suggest that those who are appointed to this country’s highest court should not have overt political or social biases. Most important should be their knowledge of and willingness to apply the law.
This, more than anything else, should be the criteria upon which all our judicial nominees and appointees should be judged. This should also be the criteria upon which they are nominated and confirmed.
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Rabbi Rosenthal is spiritual leader of Tifereth Israel Synagogue in San Diego. He may be contacted via leonard.rosenthal@sdjewishworld.com . Comments intended for publication in the space below MUST be accompanied by the letter writer’s first and last name and by his/ her city and state of residence (city and country for those outside the United States.)