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John Roberts will not save us — but we might just able to save ourselves
One of the many virtues of Leah Litman’s lucid and blistering new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes is that it, as the title suggests, reads almost like a pulpy crime story. But unlike most whodunits, we know at the very start of Litman’s tale who dun the crime. No less unusual, Litman ends her story with what can be dun by Americans who wish to resist this state of lawlessness.
Litman is a professor of constitutional law at the University of Michigan, and co-host of the popular weekly legal podcast “Strict Scrutiny,” which subjects the decisions made by SCOTUS to scathing wit and surgical analysis. (In Litman’s wide-ranging criticism of SCOTUS, she lambastes the hypocrisy of the Republican-majority’s skepticism on abortion cases presented by Jewish plaintiffs who argue that their religious faith compels them to perform, provide, or access abortion care. As she notes, this skepticism is a decidedly unusual response from a court that is usually keen on expanding, not retracting, religious exemptions from law.)
When I spoke to Litman over Zoom, she expanded on the Roberts court’s cultural grievances, crackpot theories, and overall “bad vibes,” a term she says she uses to draw a distinction between “what some people think of as law,” i.e. “something that’s objective or determinate.” Instead, it becomes something based on feelings and what “triggers them and what upsets them,” which she sees as reflective of the “talking points and zeitgeist of the Republican Party.”
In our conversation, Litman traced the historical origins of bruised feelings and bad vibes that passes itself off as conservative jurisprudence. We can see today, she emphasized, a reaffirmation of the Lost Cause movement following the Civil War, “this firm commitment to restoring and entrenching white conservative political power and shutting out racial minorities from the political process and treating the inclusion of racial minorities in the polity as an affront to white conservatives and as a form of discrimination against white conservatives. And these same ideas seed, you know, the opposition to the modern Voting Rights Act.”
“Bad vibes” is, of course, not a term often found in the footnotes of law review articles. Yet while Litman acknowledged the term is kind of “loosey-goosey,” she sees it as the driving force behind SCOTUS’ legal reasoning. One of the many problems with vibes, Litman observed, is that “while everyone has feelings, my feelings don’t govern what other people can do. I am allowed to have feelings and views about the world. But that doesn’t mean I get to declare that everyone must make me feel good.”

In the case of the court’s conservative majority, Litman says, this means that they get to feel good about expressing their cultural and social grievances. They can, like Martha-Ann Alito, do so by, say, flying an upside-down American flag outside their house in support of the men and women who invaded the Capitol on Jan. 6. But, more importantly, they can also bring those grievances to their legal reasoning and turn our constitution upside down. (Something that Mrs. Alito’s husband has done time and again as one of our nation’s nine sages.)
Yet, though the Roberts Court — which Litman refers to in her book as “the guys (and Amy)” — might be consumed by grievance, they are not blind to the need to garb these bad vibes in the guise of theories. This is the case for originalism, a seemingly neutral method to decide cases based on a literal reading of the Constitution. Yet, the absence of any mention of women in our founding document has allowed the Supreme Court, even after the passing of the Fourteenth Amendment, to continue to deny equal rights to women.
Hence the importance of the recent overturning of Roe v. Wade. As Litman drily observed, originalism offers conservatives and reactionaries a way to speak about issues without acknowledging the actual stakes involved. It provides a kind of plausible denial from positions that, in effect, declare, “Yes, we should take away women’s birth control pills, force them to go through childbirth, and not allow them to get divorced.”
Meanwhile, as Litman remarked, the Roberts Court often dons the guise of another supposedly objective theory, institutionalism. Her critique is particularly unsettling for those of us who would like to think that Chief Justice John Roberts is an institutionalist who, like the deus ex machina in ancient Greek tragedy, will suddenly appear over the stage set and lift us free of our tragic and fatal predicament.
On one level, Litman said, “anyone looks like an institutionalist when compared to Clarence Thomas and Sam Alito. That John Roberts is more along the spectrum toward the median American voter than either of them is just obviously true and doesn’t tell us that much about whether John Roberts is actually a moderate or median. There are just so many examples where decisions by John Roberts have undermined our institutions and delegitimized our institutions.”
Consider all the decisions written or signed onto by Roberts on campaign financing, presidential powers, partisan gerrymandering, or voting rights to illustrate her claim. Clearly, Litman is not waiting for the Chief Justice to save us. “Look at all the things that Donald Trump is doing that defile our institutions and degrade our democracy. Those are things that John Roberts made perfectly clear that the president is constitutionally entitled to do. And there’s just nothing our lawmaking institutions like Congress or the federal courts can do about that,” she said.
What, then, are we to do? In her book, Litman urges the reader to “make them fight for their nihilism and obtain it at a cost.” In our conversation, she eagerly expanded on this call to action. The forces of democracy and decency cannot win this fight overnight, she told me. “There is no magic fix that will work. Instead, we need to make the case to our fellow citizens and our future elected leaders that in order to get ourselves out of this mess…and shore up our democracy so that we don’t run the risk of sliding back into autocracy and authoritarianism, we need to reform and democratize the Supreme Court.”
It is not what we might hope to hear, but it is the message we need to hear. In fact, as Albert Camus insisted, there is no reason for hope, but that is never a reason to despair. Or, as Litman concludes in her book, “the nihilistic take would be to throw up our hands and do nothing because it all seems too difficult. They’ve stolen a Court and they are practically daring anyone to challenge them. It’s time to call their bluff.”
The post John Roberts will not save us — but we might just able to save ourselves appeared first on The Forward.
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EU-Funded NGO Backed Online Platform Targeting Jewish Businesses in Catalonia
Supporters of Hamas demonstrate outside the Israeli Embassy in Madrid, Oct. 18. Photo: Reuters/Guillermo Yllanes Gonzalez
The controversial online platform mapping Jewish-owned businesses, schools, and Israeli-linked companies in Catalonia, a region in northeastern Spain, was promoted by an EU-funded non-governmental organization.
On Tuesday, NGO Monitor — an independent Jerusalem-based research institute that tracks anti-Israel bias among nongovernmental organizations — released new information showing that Engineers Without Borders – Catalonia (ESF-C) and Universities with Palestine (UAP) jointly promoted the BarcelonaZ project on social media, identifying themselves as its primary backers.
First reported by the local Jewish outlet Enfoque Judío, the interactive map was launched by an unidentified group claiming to be “journalists, professors, and students” on the French-hosted mapping platform GoGoCarto.
As a publicly accessible and collaboratively created online platform, the map marked over 150 schools, Jewish-owned businesses — including kosher food shops — and Israeli-linked as well as Spanish and international companies operating in Israel, labeling them as “Zionist.”
“Our goal is to understand how Zionism operates and the forms it takes, with the intention of making visible and denouncing the impact of its investments in our territory,” the project’s website stated.
According to NGO Monitor’s newly released report, ESF-C is a European Union–funded NGO running a Youth Internship Program subsidized by the Public Employment Service of Catalonia, with 40 percent co-financing from the European Social Fund Plus — the EU’s primary program for funding employment, education, and social initiatives.
The EU Financial Transparency System shows that ESF‑C partnered on two EU grants worth about $2.8 million from 2019 to 2023 and received at least $164,000 in funding.
Jewish leaders in Spain have strongly denounced the BarcelonaZ initiative, warning that it fosters further discrimination and hatred against the community amid an increasingly hostile environment in which Jews and Israelis continue to be targeted.
“The mapping and boycotting of Jewish businesses in Catalonia is an echo of some of the darkest chapters in history, including the prelude to the Holocaust in Nazi Germany,” the Combat Antisemitism Movement’s Director of European Affairs, Shannon Seban, said in a statement.
“The organizers of this initiative put a target on the backs of Spanish Jews, at a time when Jews are being hunted across the globe, as seen so horrifically in Australia just three weeks ago,” she said, referring to the deadly attack on a Hanukkah celebration at Sydney’s Bondi Beach, which killed 15 people and wounded at least 40 others.
“Clear incitement to violence of this nature must not be platformed or tolerated by internet companies or government authorities,” Seban continued.
On its website, ESF-C describes its mission as promoting “a fair international society, which does not exclude anyone,” and highlights its commitment to “non-denominationalism and non-partisanship.” Yet, the NGO’s 2024 annual report also asserts that it “cannot ignore the Palestinian resistance, a clear expression of the struggle for freedom of all oppressed peoples.”
In a social media post, the NGO also accused Israel of “genocide” during its defensive campaign against the Palestinian terrorist group Hamas, describing its platform as “a resource designed to inform, raise awareness, and mobilize the educational and student community in Catalonia.”
“The attacks that began on Oct. 7 have involved water and electricity cuts, the boycott of essential water infrastructure, and the contamination of Palestinian water sources,” ESF-C wrote in an Instagram post, without mentioning the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, which triggered the war in Gaza.
“The violation of these basic rights is a key weapon used by the State of Israel to perpetuate genocide,” the statement read.
NGO Monitor also revealed that UAP is a network of Catalan faculty- and student-led anti-Israel organizations that co-sponsored the BarcelonaZ project.
Last year, UAP organized a “People’s Court” at Complutense University of Madrid on what it called the “Palestinian genocide,” with attendance from several terror-linked NGOs and individuals, including Samidoun, Masar Badil, Al-Haq, and Raji Sourani, NGO Monitor reported.
Several community organizations have filed complaints with GoGoCarto, demanding the site’s removal and arguing that it violates French laws against hate speech and discrimination.
Earlier this week, GoGoCarto announced it had removed the BarcelonaZ project from its website after local groups denounced the initiative as blatantly antisemitic and dangerous.
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Knesset member from Netanyahu’s party decries ‘new enemy’: Tucker Carlson and Candace Owens
(JTA) — In an address to the Knesset on Monday, Likud lawmaker Dan Illouz decried what he said was a “new enemy” rising within American politics: Tucker Carlson and Candace Owens.
“We are used to enemies from outside. We fight terror tunnels of Hamas. We fight the ballistic missiles of Iran. But today I look at the West, our greatest ally, and I see a new enemy rising from within,” said Illouz, who is originally from Canada originally, in an English address. “I am speaking of a poison being sold to the American people as patriotism. I’m speaking of the intellectual vandalism of Tucker Carlson and Candace Owens.”
Illouz’s comments come as the Republican party has been roiled in recent months by debates over the mainstreaming of antisemitic influencers within the GOP.
טאקר קרלסון וקנדיס אוונס הם לא פטריוטים – הם ונדלים אינטלקטואלים. הם טוענים שהם נלחמים בשמאל הקיצוני, אבל הם בדיוק אותו דבר: אותה שנאה למערב, אותו רלטיביזם מוסרי ואותו ניסיון להחריב את המורשת שלנו ואת המערב. pic.twitter.com/ygN70WtGEw
— דן אילוז – Dan Illouz (@dillouz) January 7, 2026
In October, conservative commentator Tucker Carlson hosted far-right antisemitic influencer Nick Fuentes on his platform, igniting outrage from Jewish conservatives who warned of the growing reach of antisemitic voices.
Owens has long made antisemitic rhetoric a hallmark of her YouTube channel, which has 5.7 million subscribers. A recent analysis of her content by the Jewish People Policy Institute found that three-quarters of her videos that mentioned Jews were antisemitic.
“They claim to fight the woke left. They are no different than the woke left,” said Illouz. “The radical left tears down the statues of Thomas Jefferson, Tucker Carlson tears down the legacy of Winston Churchill. The radical left says Western civilization is evil, Candace Owens says the roots of our faith are demonic. It is the same sickness.”
Carlson and Owens are among the right-wing influencers who have made opposition to Israel a centerpiece of their output, at a time when support for Israel is declining among conservatives, particularly younger conservatives.
In November, Amichai Chikli, the Israeli Diaspora minister, echoed Illouz’s concerns in an interview with the New York Post, telling the outlet that he was “far more concerned about antisemitism on the right than on the left.” The comments were notable because Chikli is himself a right-wing, anti-“woke” warrior who, in a first for Israel, has stoked relationships with far-right European parties that in some cases have ties to the Nazis.
“One of the worst moments was when a popular conservative broadcaster called one of the most vile Holocaust deniers in America ‘one of the most honest historians.’ That legitimizes hate — it normalizes it,” Chikli told the New York Post, appearing to refer to Carlson’s past praise of the Holocaust revisionist Darryl Cooper.
Chikli also warned against the rising influence of Fuentes and Cooper among young Americans.
“Antisemitism has become fashionable for Gen Z,” Chikli continued. “They listen to podcasts, not professors. When people like Nick Fuentes or Darryl Cooper are treated as thought leaders, that’s dangerous. These are neo-Nazis.”
The Times of Israel asked Illouz whether he was worried about appearing to interfere with American politics. “Defending the alliance between America and Israel is not interfering,” he said. “I am in touch with many pro-Israel conservatives who know that Candace and Tucker are a threat to America as much as to Israel.”
Top GOP officials, including Vice President JD Vance, have largely dismissed calls from Jewish conservatives, including Ben Shapiro, and others to draw a line against antisemitic influencers.
“Do you think you are the first to try to delegitimize the Jewish people? We are the people of eternity,” said Illouz toward the conclusion of his address, adding that “we will be here long after your YouTube channels are forgotten dust.”
The post Knesset member from Netanyahu’s party decries ‘new enemy’: Tucker Carlson and Candace Owens appeared first on The Forward.
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Texas Joins Legal Action Against American Muslims for Palestine as Move to ‘Counter Hamas Terrorism’
Texas Attorney General Ken Paxton speaks during AmericaFest, the first Turning Point USA summit since the death of Charlie Kirk, in Phoenix, Arizona, US, Dec. 20, 2025. Photo: REUTERS/Cheney Orr
Texas Attorney General Ken Paxton on Tuesday announced the state would join Virginia and Iowa in the filing of a legal brief against the nonprofit activist group American Muslims for Palestine (AMP) and other organizations which he characterized as “radical” in order “to combat Hamas terrorism.”
“Radical Islamic terrorist groups like Hamas must be decimated and dismantled, and that includes their domestic supporting branches,” Paxton posted on the social media platform X.
“Terrorism relies on complex networks and intermediaries, and the law must be enforced against those who knowingly provide material support,” Texas’s top legal officer added in a statement. “My office will continue to defend Americans who have been brutally affected by terrorism and ensure accountability under the law.”
In November, Texas began more aggressive legal efforts against organizations long alleged by researchers and law enforcement to be part of a domestic Hamas support network in the United States. Gov. Greg Abbott announced on Nov. 18, the designation of the Muslim Brotherhood and the Council on American-Islamic Relations (CAIR) as terrorist organizations.
A month later, Paxton filed a motion defending the designation in court, countering a suit by the Dallas-Fort Worth and Austin chapters of CAIR. “My office will continue to defend the governor’s lawful, accurate declaration that CAIR is an FTO [foreign terrorist organization], as well as Texas’s right to protect itself from organizations with documented ties to foreign extremist movements,” Paxton said at the time.
In its latest statement, Paxton’s office described how on Oct. 8, 2023, one day after Hamas’s invasion of and massacre across southern Israel, the groups AMP and National Students for Justice in Palestine (NSJP) “declared that they were ‘part of’ a ‘Unity Intifada’ under Hamas’s ‘unified command.’”
“Those who have been victimized by Hamas’s terrorism brought claims against the radical groups under the federal Anti-Terrorism Act,” the statement continued. “Attorney General Paxton’s brief is in support of the victims and was filed to ensure terrorist supporters are brought to justice.”
The legal brief references the “unity intifada” and “unified command” sentiments before stating, “They should be taken at their word. And just like their predecessor organizations — convicted or admitted material supporters of Hamas — they should be held accountable.”
The brief charges, “Defendants here are alleged to have provided material support for Hamas, the brutal terrorist regime that not only oppresses millions in Gaza but that also murdered more than a thousand innocents and kidnapped hundreds more. States have an interest in ensuring that valid claims brought under material support statutes are allowed to be litigated in court and that any violators are held accountable.”
Last year, Virginia’s Attorney General Jason Miyares — whose name appears at the lead of the brief — sought to press AMP to reveal its funding sources, which a judge ruled it needed to do May 9, 2025.
The latest brief provides a history lesson about how AMP and NSJP “did not begin their material support for Hamas on Oct. 8, 2023; rather, their material support has been going on for decades — both as the current organizations and through predecessor entities. Indeed, AMP was founded after a predecessor organization and five of its board members were convicted of providing material support for Hamas.” The brief describes the network beginning when “first, the Muslim Brotherhood founded the ‘Palestine Committee’ in 1988 to fund the terrorist organization Hamas.”
This network included “several organizations providing Hamas financial, informational, and political support,” the legal document explained. “Among those organizations were the Holy Land Foundation for Relief and Development and the Islamic Association for Palestine (IAP), organizations founded and controlled by senior members of Hamas leadership.”
