How to Combat Anti-Semitism
Analyzing the White House’s newly released strategy for countering anti-Semitism, and maintaining “an appropriate skepticism of government programs and their tendencies to create unwanted and unintended consequences,” Tevi Troy looks for concrete policies that would in fact make American Jews safer and more secure. First and foremost, Washington should stop exacerbating the problem:
[T]he American government does not intentionally target Jews, and even tries to combat anti-Semitism. Yet several government-funded programs could be subsidizing anti-Semitism anyway.
Many if not most of these funds are given to anti-Semitic individuals and programs in educational institutions, including anti-Semitic professors, extremist anti-Israel speakers invited to campus, and public universities that form hostile environments for Jewish students. Title VI of the Higher Education Act provides funds to anti-Israel Middle East Studies programs, academic departments that have issued extremist anti-Israel statements, and public institutions that pay membership dues to the virulently anti-Israel Middle Eastern Studies Association. At the K-12 level, federal funds may go to public schools that assign textbooks containing anti-Semitic materials, encourage anti-Jewish attitudes through ethnic studies or anti-Israel programs, or pay for anti-Semitic critical-race-theory training.
In addition to these education-related expenditures that may have the unintended impact of increasing anti-Semitism, we should also consider cutting off certain types of foreign aid that have a similarly destructive effect. These include contributions to the UN Human Rights Council, UNESCO, UNRWA, and any funds that go to programs that subsidize anti-Semitic textbooks or Palestinian terrorism.
Eliminating these programs would not only save taxpayers money and reduce funding to those who purvey anti-Semitism but also send the strongest possible signal that the federal government does not tolerate this animus, whatever its source may be.
Senator Ted Cruz: 'Joe Biden is pathologically obsessed with undermining Israel'
United States Senator Ted Cruz (R-Texas), a Senate Foreign Relations Committee member, released a statement on Sunday after the Biden administration reinstated a boycott against scientific and technological cooperation with Jews living in Judea and Samaria.
“Joe Biden and Biden administration officials are pathologically obsessed with undermining Israel. Since day one of their administration, they have launched campaigns against our Israeli allies that are granular, whole of government, and done in secret," the Senator stated.
“This new boycott of Israeli Jews is yet another example. The State Department is telling the entire US government not to cooperate with Jews in Judea and Samaria. And, of course, it was sent to Congress in secret and only revealed because reporters found out," he added.
According to Cruz, “The Biden administration defends funding scientific research in Wuhan with the Chinese Communist Party, but they’re discriminating against and banning cooperation with Jews based on where they live."
The Senator concluded: “I will do everything possible to reverse this decision and prohibit such antisemitic discrimination by the US government in the future.”
RELEASE: My statement on the Biden administration instating a boycott against scientific and technological cooperation with Jews living in Judea and Samaria.https://t.co/l9QVJ7aABY pic.twitter.com/qoLBAMs4C4
— Senator Ted Cruz (@SenTedCruz) June 25, 2023
Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds
I think they are facially constitutional, and Arkansas Times LP v. Waldrip (8th Cir. 2022) (en banc) was correct in upholding them (see also Prof. Michael Dorf's, Prof. Andrew Koppelman's, and my amicus brief on the subject, as well as Prof. Dorf's follow-up post). At the same time, they, like other antidiscrimination laws, might be unconstitutional as applied in certain situations, perhaps including selection of speakers at an academic conference (though the question is complicated when the government is acting as contractor). But yesterday's Eleventh Circuit decision by Judges Wilson, Branch, and Luck in Martin v. Chancellor avoids the question:
Abby Martin appeals the district court's dismissal of her 42 U.S.C. § 1983 suit … on the grounds of qualified immunity. She argues that the district court erred in dismissing her claim that Defendants violated her First and Fourteenth Amendment rights by refusing to contract with her to speak at an academic conference unless she signed a clause, required by Georgia law, promising she would not participate in a "boycott of Israel" for the duration of the contract. Specifically, Martin argues that, because it was clearly established that Defendants should have known that Georgia's law requiring the clause violated the Constitution, they are not entitled to qualified immunity.
The court disagreed with Martin's position; here's an excerpt:
While Martin argues that Waldrip was erroneously decided, she misses the point—even if it was erroneously decided, the fact that a sister circuit distinguished [Claiborne] and held that a law similar to O.C.G.A. § 50-5-85 is constitutional reinforces the reality that [Claiborne] did not establish with "obvious clarity" that the implementation of such anti-boycott clauses into contracts is unconstitutional.}
So, while Claiborne did find that the plaintiffs there were engaged in a constitutionally protected activity with regard to their boycott, it did not speak to a state's ability to regulate anticompetitive behavior by state employees via statutes like O.C.G.A. § 50-5-85. Thus, it did not craft a "broad principle" that established with "obvious clarity" that Defendants would know that "every objectively reasonable government official" implementing their state's anti-"boycott of Israel" laws, as Defendants did so here, were violating federal law in doing so….
Finally, Martin argues that "Defendants' conduct was so obviously unconstitutional that no specific case is needed to establish it." We disagree.
11th Circuit disagrees with the Squad and other progressives, who claim they aren't against anti-BDS laws because the support BDS, but because the laws are are obviously unconstitutional. Not at all, says the Court of Appeals https://t.co/Zi075RUh1D
— Eugene Kontorovich (@EVKontorovich) June 26, 2023