MS. TIPPETT:You know, I start in this place with everyone I interview, whoever they are. If they’re a quantum physicist or a theologian. And I just wanted to hear something about the particular spiritual background of your childhood. Did you have a devout Jewish upbringing?
RABBI SACKS: I was the oldest of four boys. My father, who had come to Britain as a refugee from Poland at the age of six, had to leave school at the age of 14, so he never had an education — not Jewish or secular. My mother had to leave school at the age of 16. So my parents didn’t know that much. What they did have was a great love for Judaism. And, you know, I tend to think that’s the greatest gift you can give a child. Wordsworth said it beautifully. “What we love, others will love, and we will show them how.”
RABBI SACKS:No, actually. In 1990, the BBC asked me to give the Reith Lectures. They’re given once a year. There are six lectures on radio, first given by Bertrand Russell in 1948. I was only the second religious leader to give them, and I called them “The Persistence of Faith.” It was probably the first response to Francis Fukuyama’s vision of the end of history. You know, the Berlin Wall had fallen, Soviet Union had collapsed, end of Cold War. Everyone was seeing what he foresaw as the, you know, seamless spread of liberal democracy over the world.
And I said no, actually. I think you’re going to see faith return and return in a way that will cause some problems because the most powerful faith in the modern world will be the faith most powerfully opposed to the modern world. So that was in 1990, the year before I became Chief Rabbi. Nothing that’s happened since has surprised me, though it has saddened me. Religion is a great power, and anything that powerful can be a force for good or, God forbid, for evil. But it’s certainly fraught and dangerous and needs great wisdom and great — if I can use this word — gentleness.
MS. TIPPETT:And so I’d like to draw you out on how Jewish experience and Jewish tradition — you know, what resources and vocabulary that might bring to this global moment, which is not merely uncertain, but certainly marked by change, which is stressful for human beings. One of the ways you’ve talked about that, not uncontroversially, is about the approach you see deep within Jewish tradition to difference.
RABBI SACKS:Yeah. It seems to me that one of the things we most fear is the stranger. And at most times in human history, most people have lived among people who are mostly pretty much the same as themselves. Today — certainly in Europe and perhaps even in America — walk down the average main street and you will encounter in ten minutes more anthropological diversity than an 18th-century traveler would have encountered in a lifetime.
So you really have this huge problem of diversity. And you then go back and read the Bible and something hits you, which is, we’re very familiar with the two great commands of love: Love God with all your heart, all your soul, and all your might; love your neighbor as yourself. But the one command reiterated more than any other in the mosaic box — 36 times, said the rabbis — is love the stranger. For you were once strangers in the land of Egypt. Or, to put it in a contemporary way, love the stranger because, to him, you’re a stranger. This sense that we are enlarged by the people who are different from us — we are not threatened by them — that needs cultivating, can be cultivated, and would lead us to see the 21st century as full of blessing, not full of fear.
Oh, sure. I mean, you take — you know, I’m really not very good at sort of operating machines, so I fall back on that old aphorism, “When all else fails, read the instructions.”
MS. TIPPETT:Right. [laughs]
RABBI SACKS:And here we are reading those instructions afresh through the eyes of quantitative and experimental science and discovering what the great traditions of wisdom were saying three or 4,000 years ago. We now know that it is
- doing good to others,
- a network of strong and supportive relationships, and
- a sense that one’s life is worthwhile, are the three greatest determinants of happiness.
And, you know, somehow or other, against our will sometimes, we are being thrust back to these ancient and very noble and beautiful truths. And that we can now do so in a fellowship — awkward, perhaps, and embarrassed — between religious leaders and scientists and social scientists.
RABBI SACKS:Yeah. Well, let’s not try to describe this as 21st-century radical theology. It always helps if we can locate it in sacred texts. So for me, here is a moment where the hero of the Book of Exodus is a young man called Moses and the villain of the Book of Exodus is somebody called Pharaoh. But it’s Pharaoh’s daughter who, at great risk to herself, saves the life of this young baby who she knows immediately is a Hebrew baby, that she says so, and she knows her father has decreed that every male Hebrew child shall be killed. So at great risk to herself, she takes this child into her home and brings it up. So now we have the daughter of the biggest villain of the book who is responsible for the saving of the life of the hero. Now if that doesn’t challenge our paradigms, I don’t know what does.
You can find God in the other side, and that is something the Bible is doing quite a lot. After all, there’s only one perfect individual — well, perhaps two, if you like — in the whole Bible and neither of them is Jewish. One is called Noah and one is called Job and neither is Jewish. Noah comes before Judaism. Job is what I call every man. Then you look at all the prophets of ancient Israel, and they spent a lifetime preaching to the Israelites, and nobody listened. God sends one prophet, Jonah, to non-Jews, the people in Nineveh, the capital of Israel’s traditional enemy, the Assyrians. Here, all he does is say five Hebrew words, one English sentence: “In 40 days, Nineveh will be destroyed.” And they all repent. So it turns out that non-Jews are better at listening to Jewish prophets than Jews are.
MS. TIPPETT:[laughs] Right. So there is this paradox, this very interesting recurring threat of otherness and …
RABBI SACKS: The Bible is saying to us the whole time, don’t think that God is as simple as you are. He’s in places you would never expect him to be. And, you know, we lose a bit of that in English translation. Because, when Moses, at the burning bush, says to God, “Who are you?” God says to him three words: “Hayah asher hayah.” And those words are mistranslated in English as “I am that which I am.” But in Hebrew, it means “I will be who or how or where I will be,” meaning, don’t think you can predict me. I am a God who is going to surprise you. And one of the ways God surprises us is by letting a Jew or a Christian discover the trace of God’s presence in a Buddhist monk or a Sikh tradition of hospitality or the graciousness of Hindu life. You know, don’t think we can confine God into our categories. God is bigger than religion.
The conservative justice’s obsession with the past was on full display during the recent term.
.. It’s going on 50 years since Warren E. Burger, President Richard Nixon’s chosen chief justice and the first of his four Supreme Court appointees, took his seat in June 1969, initiating the turn to the right that continues to this day.
.. He has long insisted that the only legitimate way to interpret a constitutional provision is to give it the “public meaning” it supposedly had at the time it was written. So in 2011, for example, he dissented from a majority opinion written by Justice Antonin Scalia that struck down, on First Amendment grounds, a California law that made it a crime to sell a “violent” video game to a minor without parental permission. “The founding generation,” Justice Thomas wrote in dissent, “would not have considered it an abridgment of ‘the freedom of speech’ to support parental authority by restricting speech that bypasses minor’s parents.”
.. In another case, Justice Thomas reiterated his vigorous and longstanding objection to the “negative” Commerce Clause. This is a doctrine that dates at least to the mid-19th century, prohibiting states from discriminating against out-of-state enterprises in favor of their own residents. It is based on the court’s “negative” interpretation of the Commerce Clause, which empowers the national government to regulate interstate commerce and so, by extrapolation, deprives the states of that power. The court has applied it dozens of times over many years as a bulwark against a feared “Balkanization” of the country. But it is not, as Justice Thomas has frequently pointed out, actually in the Constitution’s text... Justice Thomas took aim in another solo concurring opinion at the court’s approach to what is known as severability, which dates to the 1850s. Under this doctrine, when the court finds that a portion of a statute is unconstitutional, it goes on to decide whether that portion is severable from the remainder of the law or whether the entire statute has to fall. The question is one of legislative intent: Would Congress have enacted the law without the offending provision? This was an important question in the first Affordable Care Act case and in the past term’s decision that permitted states to authorize sports gambling... In a second Fourth Amendment case, Justice Thomas dissented from a majority opinion by Chief Justice John G. Roberts Jr. that the government needs a warrant in order to search the cellphone location records that wireless carriers automatically collect and store as their phone-carrying customers go about their daily business. In deciding that the government’s acquisition of these records was a search within the meaning of the Fourth Amendment, the majority applied the 50-year-old “reasonable expectation of privacy” test, which does not depend on the government’s physical entry onto a suspect’s property.
.. Taken as a whole, as the work of a single justice during a single Supreme Court term, they paint an extraordinary picture of a judge at war not only with modernity but with the entire project of constitutional law.
.. Young people graduating from law school today have never lived in a world in which Clarence Thomas was not on the Supreme Court. The very fact of his position and his persistence makes opinions that would have been hooted out of the room a few decades ago look respectable in many eyes. In 1997, in Printz v. United States, he was the first modern justice to assert that the Second Amendment guarantees an individual right to own a gun, and to invite anyone interested to bring the right case to a Supreme Court newly open for Second Amendment business. It took a mere 11 years, and we were handed District of Columbia v. Heller.
.. “Clarence Thomas Is the Most Important Legal Thinker in America.” I did a double take. How could the estimable Mr. Millhiser sign his name to such an exaggerated claim? But his argument was not that Justice Thomas, who recently turned 70, is winning victories today, but that he is paving the way for victories down the road — and perhaps not all that far down the road. Observing that 20 percent of Trump-appointed appeals court judges are Justice Thomas’s former law clerks, Mr. Millhiser wrote, “Thomas lost the war for the present, but he is the future of legal conservatism.”