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Supreme Court upholds Arkansas state law that prohibits contractors from boycotting Israel
(JTA) – In a major victory for pro-Israel advocates, the U.S. Supreme Court declined to hear an appeal against an Arkansas state law requiring all companies that contract with the state to sign a pledge promising not to boycott Israel.
The Tuesday dismissal reverses a lower court decision that had rendered the law unconstitutional, ending efforts to overturn one of many state laws that had been crafted in opposition to the Boycott, Divestment and Sanctions movement targeting Israel. As in most of its denials, the Supreme Court did not provide a reason why it declined to take up the case.
The case had pitted the Arkansas Times, an independent alt-weekly publication, against the former chairman of the University of Arkansas. Under state law, all companies seeking to do business with Arkansas state entities must sign a pledge promising not to engage in any Israel boycotts. The Arkansas Times does not boycott Israel, but had refused to sign the pledge. That refusal led one of the university system’s affiliates to end an advertising agreement with the Arkansas Times, prompting the publication to sue.
Arkansas’ law is one of several nationwide that restrict business with companies that boycott Israel or refuse to sign anti-boycott pledges. These laws largely sprang up amid the growth of the BDS movement and have been criticized by progressive groups as well as by First Amendment advocates.
Federal courts have struck down similar state laws in the past, but last year, a federal appeals court ruled that such laws are not unconstitutional because financial regulations should be considered “noncommunicative” speech. The Supreme Court’s rejection of the Arkansas case is likewise a promising development for the so-called anti-BDS legal strategy.
Tuesday’s decision was celebrated by pro-Israel groups including the American Jewish Committee and the Brandeis Center For Human Rights Under Law, which had filed briefs on behalf of Arkansas in lower court decisions.
“The Supreme Court has confirmed our view that state statutes opposing BDS are indeed constitutional,” AJC General Counsel Marc Stern said in a statement. “The primary aim of the BDS movement is to eliminate the State of Israel. The court’s action gives a boost to efforts to put a stop to the pernicious effort to isolate Israel economically and morally.”
Brandeis Center founder Kenneth Marcus said in a statement, “Anti-Israel boycotts will now be seen for what they are: discriminatory conduct rather than political speech.”
Alan Leveritt, publisher of the Arkansas Times, said in a statement that he was “disappointed” with the court’s decision. “Permitting state governments to withhold state contracts from citizens who voice opinions contrary to those held by a majority of their state legislators is abhorrent and a violation of the Bill of Rights,” he wrote.
Leveritt added that his paper had “zero interest” in getting involved in Israel politics, and that it had been opposing the law on free-speech grounds. It was backed in its legal battle by the American Civil Liberties Union and progressive Jewish groups including T’ruah and J Street, as well as by the rabbi of Arkansas’ largest Jewish congregation, who said the state had not consulted with its Jewish population when it drafted the law.
Lara Friedman, president of the Foundation for Middle East Peace, criticized Jewish groups that celebrated the court’s ruling. She tweeted that AJC and others like it “are celebrating a court ruling that undermines Americans’ right to boycott ANYTHING as a matter of protest/conscience.”
Friedman recently authored a memo arguing that anti-BDS laws were being used as templates for other state laws dealing with different kinds of boycotts, including against the firearms and fossil fuel industries, as well as in state-level efforts to reduce the growing trend of environmental, social and corporate governance investing.
“This is a missed opportunity but not a ruling on the merits of the case,” tweeted documentary filmmaker Julia Bacha, whose new film “Boycott” tracks the Arkansas Times’ legal battle. “The fight to protect boycotts continue[s].”
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In the Michigan Senate race, Jews should (and will) vote for democracy
Michigan Jews are feeling the ground shifting beneath us. For the first time, the Democratic candidate to represent Michigan in the United States Senate is not an advocate of unconditional support for Israel’s government. And he is one of a growing number of progressive leaders pushing the Democratic establishment to fight for the values it claims to stand on.
Many in our communities hoped for a different outcome in yesterday’s primary and feel destabilized by the shifting political terrain. Others feel hopeful, for the first time, of being represented on the electoral stage. Moving into the general election, when the stakes are so high, I would like to refocus the conversation on our shared values.
When I cast my ballot Tuesday, and when I cast it again in November, I do so with the wisdom of Pirkei Avot 1:18 in mind: on three things does the world stand — on justice, on truth, and on peace, as it is said: “execute the judgment of truth and peace in your gates” (Zechariah 8:16). Rabban Shimon ben Gamaliel and others of his generation were building communities out of the rubble of the Temple’s destruction. They asked themselves, as they rebuilt: what are our core principles? What values need to sit at the center of this new order? Out of the wreckage, what new world will we create?
Let those three pillars be our voting guide.
Din — Judgment. Who will fight for fairness? Who is beholden to corporate interests and who will stand for economic equality? A candidate’s record on wages, on housing, on the right to organize — these will show commitment to justice.
Emet — Truth. Who tells us the truth, even when it costs them? In the words of former Rep. Andy Levin, we are looking for “authenticity, bravery, and truth-telling.” Who can help to rebuild trust in our public servants and institutions?
Shalom — Peace. Which candidate will challenge the military-industrial complex? Who will work to reduce war and violence in our world, rather than fund more of it? At home and abroad.
In this election, we have an unusually clear lens for understanding a candidate’s values: immigration enforcement. Immigration and Customs Enforcement — ICE — is where our society’s authoritarian drift is most visible and most violent. So as we lean on the pillar of Shalom to consider candidates, we can ask a direct question: is this someone who will bakesh shalom v’radfehu — seek peace and pursue it — for the people in ICE’s crosshairs? Or will they support the expansion of a paramilitary force into our schools and neighborhoods?
Justice, Truth and Peace — these are the values upon which “the world stands.” But what does it mean for the world to stand? A classic rabbinic commentary interprets this as the preservation of human society. Which candidate will protect the environment, will put people over profit, will choose the survival of our communities over the balance sheet of the insurance, arms and oil industries? By this measure, the idea that Jews who want unconditional aid for Israel should therefore vote for a candidate who would strip away abortion rights, gut health care, and undermine the basic machinery of democracy is, to use a technical term, cuckoo banana-cakes.
And then there is the issue of antisemitism. My teacher Rabbi Mordechai Liebling explains that on the left, antisemitism is a bug and not a feature — a problem that can be and must be addressed. On the right, antisemitism is a foundational worldview. The real threat to American Jews is the far right. It’s they who promulgate conspiracy theories and it’s they who deploy ICE into our communities to kidnap our neighbors.
I personally think that Dr. El-Sayed is not antisemitic — certainly not any more than the general population. But I don’t need to convince you of that. What I hope you’ll hear is that Abdul is someone with whom we share core values — that he is someone the Jewish community can work with. What I hope you’ll hear is that a liberal-fascist coalition is out of the question, and that a liberal-left coalition is the only path forward. In November, we will elect a politician who will work with the people and not against us. Our loyalty is not to any party, but to the movement for a true democracy — and to the leaders who will work with us to advance it.
The ground doesn’t have to shift beneath us; we can be a part of moving that ground, of redrawing the politics of the possible. May Zechariah’s vision of justice, truth and peace come to pass, speedily and in our days, and may we merit to help make it so.
The post In the Michigan Senate race, Jews should (and will) vote for democracy appeared first on The Forward.
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On El-Sayed, Michigan’s Jewish Democrats aren’t all ready to unite behind nominee
Following Abdul El-Sayed’s narrow win of the Democratic nomination for Michigan’s open Senate seat, the state’s Jewish Democrats are reflecting on whether the divisions El-Sayed’s candidacy brought to the fore can be bridged before November.
Jewish voters make up just 1.4% of the electorate in Michigan. But the community had become deeply invested in the race, with Jews both in fierce opposition and fiery support of El-Sayed in an election that had become a proxy fight over the Gaza war and the U.S.-Israel relationship.
Jewish former Michigan congressman Andy Levin, who had endorsed El-Sayed, believes Democrats will get behind the nominee in the interest of defeating Republican Mike Rogers — a race that could determine which party controls the Senate. Pre-primary polls found Rogers leading El-Sayed by single digits.
“Shame on any Jewish Democrat if they’re going to go vote for Mike Rogers and put our democracy at risk because they can’t find their way to supporting Abdul El-Sayed, who is such a brilliant person, just because he doesn’t share their exact beliefs on Israel and Palestine,” Levin told the Forward. “That’s ridiculous.”
Levin lost his Senate seat to Rep. Haley Stevens after heavy spending against him by AIPAC, the campaign fundraising group advocating for unrestricted U.S. aid to Israel. An AIPAC-associated super PAC spent some $32 million in a failed attempt to get Stevens the Senate nomination.
Stevens endorsed El-Sayed for the general election Wednesday morning. But some Jews who voted for Stevens see no possibility for reconciliation. Rabbi Asher Lopatin of the modern Orthodox synagogue Kehillat Etz Chayim in suburban Detroit had endorsed Stevens in the primary, alarmed by El-Sayed’s association with the controversial Twitch streamer Hasan Piker and condemnation of Israel as a genocidal and apartheid state.
In a TV interview Wednesday, El-Sayed used the term “bloodthirsty” to describe Israel.
“To have so many people vote for someone who is so hurtful to the Jewish community, the things that the Jewish community values — I think it’s depressing,” Lopatin told the Forward.
Lopatin has made up his mind that he will not vote for El-Sayed in the general election, but he also isn’t yet sold on Rogers, the Republican nominee.
“I have to study him more,” Lopatin said. “But I will not vote for Abdul El-Sayed, definitely, and I would tell people they should not.”
Lopatin said he wishes Stevens would condemn El-Sayed rather than endorse him.
Still, others see El-Sayed as the best candidate to face Rogers in the general — and don’t want him to pull back on the issues that won him the nomination. Barbara Weinberg Barefield, a photographer outside Detroit who helped organize the group Jews for Abdul, said she has confidence El-Sayed will win the general — attributing the close primary race partly to the influence of outside money supporting Stevens.
“He was able to win this election in the face of close to $70 million of outside funding going to bolster his opponent,” Weinberg Barefield said. “This election is showing us, and elections around the country are showing us, that elections are not to be bought — they’re to be earned.”
Roslyn Schindler, a retired professor who taught Holocaust studies at Wayne State University, was also among El-Sayed’s Jewish supporters, even as she disagreed with him on his lack of support for a two-state solution. She stressed the importance of beating Rogers in November irrespective of disagreements on Israel.
“My motto is and will be: vote blue, no matter who,” Schindler told the Forward. “I am hoping that all Democrats realize that to do otherwise will be self-destructive and just plain wrong.”
Others are taking a wait-and-see approach. Decky Alexander, chair of the Michigan Democratic Jewish Caucus — which endorsed Stevens in the primary — isn’t issuing an endorsement in the general election yet.
She said the close margin El-Sayed won by, about 15,000 votes, gives her hope that El-Sayed will see the need to unify his party. A start, she said, would be focusing less on AIPAC during his general election campaign.
“There’s a lot of opportunity on Abdul’s side to be a better bridge maker versus kind of a bridge burner,” Alexander told the Forward. “The cards are his. It’s his responsibility to initiate.”
In his election night speech, El-Sayed didn’t mention AIPAC by name, instead speaking more generally about getting money out of politics.
On Wednesday, he addressed Jewish Michiganders directly: “I want you to know that my commitment to your safety, my commitment to Jewish safety, is the same commitment that I have to the safety of my own daughters.”
The post On El-Sayed, Michigan’s Jewish Democrats aren’t all ready to unite behind nominee appeared first on The Forward.
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‘The Yiddish Teacher’ (Poem)
One thing about the late Forverts staff writer and critic Miriam Hoffman — she cooked a heavenly eggplant in tomato sauce.
And why do I know this about one of our writers? Hoffman, a veritable lexicon-caldron of Yiddish sayings and terms she’d archived from her own mother’s distinct poylish dialect, was many things: A distinguished long-term professor of Yiddish at Columbia University; a theater critic turned playwright who turned the New York Public Theatre’s founding director Joseph Papp into a serious supporter of Yiddish culture; a child survivor of Siberian exile, and so much more.
As she encountered immigrant American life in da Bronx, the tiny dynamo that was Hoffman delighted in becoming American, freely advising everyone on the best consumer goods this country had to offer. A country that was a home and refuge to her, her parents, her husband and so many in her vast circle of Yiddishist friends, students, fellow writers, educators and chosen family. And then, once upon a time, she welcomed me into her Florida home for an overnight stay, so that I could record her jaw-dropping tales of how she and her beloved mameloshn Yiddish both survived the khurbn, the Holocaust. And talk into the video camera she did.
But first, there was lunch.
Rest in all your ferocious deliciousness, Miriam Hoffman, and thank you. For the eggplant, the advice on the best toothpaste, the stories — and for doing everything, everything, everything possible, to transmit your Yiddish to another generation.
The Yiddish Teacher
The Yiddish teacher bending saying:
In my book you’ll learn
the alefbeys through pictograms like so:
The gimel is a camel
The beys a house
You see?
The Yiddish teacher has an archive
in her bedroom closet
The folding doors open revealing:
shoeboxes filled with
stories and
poems and
songs she
wrote as a child
in the displaced persons camp
on paper donated to Jewish refugees
The Yiddish teacher was once
seated in back
of a transport truck
with all the other refugees
Trying to go over the Swiss Alps
to Mandate Palestine
The Yiddish teacher was born
in a Siberian prison camp
“people were starving, sure,
but there was sex”
The Yiddish teacher was the only
woman writer on staff
at the Forverts Yiddish newspaper
The Yiddish teacher remembers
the first time her family ate
Chef-Boy-Ar-Dee spaghetti and
meatballs
from a can
in the Bronx
We go shopping together
The Yiddish teacher loves Rao’s tomato sauce
“it’s the best”
The Yiddish teacher recommends
“Mavis Toothpaste”
It’s the best
The Yiddish teacher loves to
go fly fishing
The Yiddish teacher is short and slim
and round
I think
if I cup my hands together
I can
carry her around always
— Chana Pollack
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