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US Federal Judge Tosses Harvard Motion to Dismiss Antisemitism Lawsuit
Graduating students rise in support of 13 students not able to graduate because of their participation in anti-Israel protests during the 373rd Commencement Exercises at Harvard University, amid the ongoing conflict between Israel and Hamas, in Cambridge, Massachusetts, US, May 23, 2024. Photo: REUTERS/Brian Snyder
A US federal judge has “in part” denied Harvard University’s motion to dismiss a lawsuit accusing school officials of failing to respond to a slew of antisemitic incidents which occurred on the campus during the 2023-2024 academic year, clearing the case to proceed to trial.
Filed in January by six Harvard students, the complaint alleges that the university “selectively” applied policies which proscribe ethnic and racial intimidation, standing down whenever Jewish students reported being browbeaten and harassed by pro-Hamas students and faculty. In response, Harvard charged that the plaintiffs “lack standing” and attempted to have the suit thrown out of court.
On Tuesday, US District Court Judge Richard Stearns rejected the university’s argument in a 25-page decision, describing the university’s handling of antisemitism as “indecisive, vacillating, and at times internally contradictory.” He noted that at one point Harvard dean Stephen Ball attended a “vigil for martyrs” which commemorated terrorists and that Harvard police officers declined to intervene when a Jewish student “was openly ‘charged’ and pushed.”
However, Stearns dismissed a portion of the lawsuit which accused Harvard of violating Title VI of the US Civil Rights Act by refusing to crack down on pro-terror, antisemitic protests, describing the school’s bias as “viewpoint” discrimination. This aspect of the ruling, while leaving intact a portion of the suit involving a student accusing Harvard of breach of contract, allowed the university to claim a victory on Tuesday.
“We appreciate that the court dismissed the claim that Harvard directly discriminated against members of our community, and we understand that the court considers it too early to make determinations on other claims,” a Harvard spokesman said in a statement shared with The Harvard Crimson. “Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students.”
Stearns’ ruling on Harvard’s motion to dismiss was highly anticipated.
Last week, he tossed a suit which lodged similar accusations against the Massachusetts Institute of Technology (MIT). In his decision, the judge, who was appointed to the bench in 1993 by former US President Bill Clinton (D) and served as a political operative for and special assistant to Israel critic and former Democratic presidential nominee George McGovern, accused the Jewish plaintiffs of expecting MIT officials to be “clairvoyant” in anticipating a surge of antisemitism. He also rejected their argument that pro-Hamas demonstrators at MIT intentionally violated the civil rights of Jewish students by, as is alleged, calling for a genocide of Jews in Israel and perpetrating numerous other acts of harassment and intimidation.
On Tuesday, one of the plaintiffs in the Harvard suit, Shabbos Kestenbaum, expressed delight that he and his fellow students will have their day in court.
“Onward to victory,” Kestenbaum tweeted. “Today, a judge ruled that our lawsuit against Harvard Yard will go to trial. Jewish students will continue to speak up. Am Yisroel Chai!”
The past year has been described by experts as a low point in the history of Harvard University, America’s oldest and, arguably, most important institution of higher education. Since the Oct. 7 massacre by Hamas across southern Israel, the school has been accused of fostering a culture of racial grievance and antisemitism, while important donors have suspended funding for programs. In just the past nine months, its first Black president, Claudine Gay, resigned in disgrace after being outed as a serial plagiarist; Harvard faculty shared an antisemitic cartoon on social media; and protesters were filmed surrounding a Jewish student on campus and shouting “Shame!” into his ears.
According to the US House Committee on Education and the Workforce, Harvard has repeatedly misrepresented its handling of the explosion of hate and rule breaking, launching a campaign of deceit and spin to cover up what ultimately became the biggest scandal in higher education.
A report generated by the committee as part of a wider investigation of the school claimed that the university formed an Antisemitism Advisory Group (AAG) largely for show and did not consult its members when Jewish students were subject to verbal abuse and harassment, a time, its members felt, when its counsel was most needed. The advisory group went on to recommend nearly a dozen measures for addressing the problem and offered other guidance, the report said, but it was excluded from high-level discussions which preceded, for example, the December congressional testimony of former president Gay — a hearing convened to discuss antisemitism at Harvard.
So frustrated were a “majority” of AAG members with being an accessory to what the committee described as a guilefully crafted public relations facade that they threatened to resign from it.
On Saturday, the Harvard Corporation formally appointed Alan M. Garber as its president, following several months in which he served as the university’s “interim” leader. The decision, according to The Harvard Crimson, rewarded Garber’s “deft handling of the converging crises facing the university.” The paper added that Garber is the first undergraduate alumnus to serve as president “in more than 50 years.”
Follow Dion J. Pierre @DionJPierre.
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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
The post Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy first appeared on Algemeiner.com.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
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