While making a good point, my Rabbi goes political in his weekly Shabbat Shalom e-mail....

Dear Hevra,

This morning's headline in the Dallas Morning News states, "Scalia rejects calls for recusal." After having been on a duck hunting trip with Vice President Dick Cheney some thought that the Supreme Court Justice should recuse himself from a case involving the Vice President. While the Sierra Club attornies suggested that Scalia might be influenced by his friendship with the Vice President Scalia countered by saying, "if it is reasonable to think that a Supreme Court justice can be bought so cheap, the nation is in deeper trouble that I had imagined."

This apparent disregard for the public's perception is regarded as a critically important principle in this week's Torah portion. Moshe has just ordered the building of the "mishkan" (tabernacle) according to the instructions he received from God. After having received an over-abundance of precious metals and materials with which to fashion the tabernacle Moshe orders a complete and public accounting of everything collected.

Moshe Rabbeinu (Moses, our teacher) realizes that he must be beyond reproach. As a leader of the people he must demonstrate a daily regimen that exhibits integrity as well as discipline. While others may be judged less harshly he holds himself to a higher standard.

The Midrash elaborates on this point, ensuring that the leaders of the community do all in their power to remove any sense of suspicion regarding their activities. It is recorded that the family who prepared the incense used in the Temple service forbid any relative of the family from wearing any kind of perfume lest they be suspect of impropriety (using Temple incense for personal use). The Midrash also records the fact the Temple official who was in charge of collecting the half shekel offering from the community would wear a special garment, without pockets or long sleeves, to prevent the suspicion that he would utilize Temple funds for personal use.

It is clear that our tradition goes to great lengths, not only to ensure respect for our leaders, but to provide them with the best framework in which to practice their particular discipline. Learning from our past we can identify with the need to practice propriety in our day.

The Supreme Court is our highest court of law. We accord it the greatest level of respect, honoring its adjudicators while enshrouding the process they engage in with a sense of awe. Justice Antonin Scalia chose to tarnish the public perception of that institution by refusing to recuse himself. By refusing to acknowledge that a personal relationship may impinge on one's ability to render an impartial judgement he risks losing the public's trust. I regret that the justice did not move "lifnim m'shurat hadin" (beyond the letter of the law) to provide the public with the best opportunity to retain its level of trust in the institution. I do not question his ability to render a sound judgement. But, I regret that the justice did not take the opportunity to provide the public with the best chance to retain its level of respect for the institution of the United States' Supreme Court.

Moshe reminds us that what people perceive as reality is sometimes more important than reality. Although that perspective on life is regretful it is the way of the world. May each of us be aware of this tendency in human beings and do our best to ensure their confidence in us.

Shabbat Shalom,

Rabbi Stefan J. Weinberg

My only point is that there must have been some other analogy realting to perhaps Martha Stewart or Tyco or Worldcom which relates more closely to the accounting issue brought up above without mixing in the politics. Just for fairness, I include the following from the NY Times:

This problem is not Justice Scalia's alone. On the other side of the court's ideological spectrum, as another L.A. Times article noted, Justice Ruth Bader Ginsburg maintains involvement in a lecture series named for her that is co-sponsored by New York City's bar association and the NOW Legal Defense and Education Fund, which frequently participates in Supreme Court cases. Justice Ginsburg is relatively circumspect in her public remarks, but it's still unwise for her to retain an ongoing affiliation with such an active advocacy and litigation group.

That being said, I'm more upset halachically that these two important men find hunting so enjoyable.