House Overwhelmingly Passes Resolution Condemning Antisemitism

On Thursday, the U.S. House of Representatives by a vote of 420-1 passed House Resolution 1125 (full text) condemning rising antisemitism. Among the various actions called for by the Resolution, it:

(1) calls on elected officials, faith leaders, and civil society leaders to use their bully pulpit to condemn and combat any and all manifestations of antisemitism;

(2) calls on elected officials to condemn and combat any and all denials and distortions of the Holocaust and to promote Holocaust and antisemitism education;...

(5) calls on social media platforms to institute stronger and more significant efforts to measure and address online antisemitism while protecting free speech concerns;

The only Representative voting against the Resolution was Thomas Massie of Kentucky. Seven Representatives were listed as "not voting." JNS reports on the Resolution.

Reports On 2021 Antisemitic Incidents Released

 The ADL yesterday released its annual Audit of Antisemitic Incidents 2021 (full text). According to the report's Executive Summary:

In 2021, ADL tabulated 2,717 antisemitic incidents throughout the United States. This is a 34% increase from the 2,026 incidents tabulated in 2020 and the highest number on record since ADL began tracking antisemitic incidents in 1979.

Of the 2,717 incidents recorded in 2021, 1,776 were cases of harassment, a 43% increase from 1,242 in 2020, and 853 incidents were cases of vandalism, a 14% increase from 751 in 2020. The 88 incidents of antisemitic assault (a 167% increase from 33 in 2020), involved 131 victims; none of the assaults were deadly.

Meanwhile, last week B'nai B'rith Canada released its 2021 Audit of Antisemitic Incidents in Canada (full text). According to the report:

The 2021 numbers show an increase in antisemitic incidents, with an overall jump of 7.2% in comparison to 2020.

There were some changes in patterns. Covid quarantine restrictions including lockdowns appear to have caused the number of cases of in-person harassment to decline significantly. These cases dropped from 620 in 2020 to 367 in 2021 or a 40.8% decline. However, that lack of direct contact may have been a factor in the jump in cases of online hate.

In fact, online hate has become the preferred method of targeting Jews. B’nai Brith logged 2,093 incidents of online hate, or an increase of 12.3% over the 2020 figures of 1,863 cases....

According to the report, there were 75 incidents of antisemitic violence in 2021, compared to only 9 in 2020. Jewish News Syndicate reports on the Canadian audit. 

Waiver In Plea Agreement Precludes Appeal Of Ban On Possessing Antisemitic Material

In United States v. Holzer, (10th Cir., April 25, 2022), the U.S. 10th Circuit Court of Appeals held that the appellate waiver provision in defendant's plea agreement precludes him from appealing Special Condition Nine of his supervised release which he contends infringes his freedom of religion, thought and expression. The court explains:

Defendant Richard Holzer was arrested and criminally charged after federal undercover agents determined that Holzer had taken substantial steps towards bombing a synagogue in Pueblo, Colorado. Holzer subsequently pleaded guilty, pursuant to a written plea agreement, to one count of intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs through force, in violation of 18 U.S.C. §§ 247(a)(2) and (d)(3), and one count of maliciously attempting to damage and destroy, by means of fire and explosives, a synagogue, in violation of 18 U.S.C. § 844(i). The district court sentenced Holzer to a term of imprisonment of 235 months, to be followed by a fifteen-year term of supervised release. The district court also ordered Holzer to comply with eleven special conditions of supervised release, including Special Condition Nine, that prohibits him from acquiring, possessing, or using any material depicting support for or association with antisemitism or white supremacy.

Lipstadt Finally Confirmed As Special Envoy To Combat Antisemitism

Late yesterday, The U.S. Senate by voice vote confirmed Prof. Deborah Lipstadt to be Special Envoy to Monitor and Combat Anti-Semitism, with the rank of Ambassador. The Forward reports on the Senate's action. Confirmation has been held up for months, largely because of concerns by Foreign Relations Committee member Ron Johnson about tweets from Lipstadt last March critical of him. (See prior posting.)

Iowa Adopts IHRA Definition Of Antisemitism

On March 23, Iowa Governor Kim Reynolds signed HF 2220 (full text) which provides that in the enforcement of state anti-discrimination laws, in determining whether an act was undertaken with antisemitic intent, the state shall take into consideration the definition of antisemitism adopted in 2016 by the International Holocaust Remembrance Alliance.

Governor Reynolds also signed HF2373 (full text) which expanded the definition of "company" in the state's Israel Anti-boycott law.

KCRG News reported on the governor's actions.

Lipstadt Finally Gets Hearing On Her Nomination As Anti-Semitism Monitor

Yesterday, the U.S. Senate Foreign Relations Committee held a hearing on the nomination of Emory Prof. Deborah Lipstadt to be Special Envoy to Monitor and Combat Anti-Semitism, with the rank of Ambassador.  (Video of full hearing.) (Transcript of Prof. Lipstadt's prepared statement.) Lipstadt is a widely-known scholar of the Holocaust. A hearing on Lipstadt's nomination has been delayed for months by Republicans, particularly Foreign Relations Committee member Sen. Ron Johnson, because of a Tweet last March by Lipstadt characterizing a statement by Johnson as white supremacy.  Politico reports on this aspect of the Lipstadt hearing. Washington Post reports more generally on the hearing.

Part Of Texas Anti-BDS Law Held Unconstitutional

In A & R Engineering and Testing, Inc. v. City of Houston, (SD TX, Jan. 28, 2022), a Texas federal district court held unconstitutional a portion of the Texas statute requiring companies entering contracts with governmental entities to certify that they do not, and will not during the term of the contract, boycott Israel. The court said in part:

[Plaintiff] denies any anti-Jewish motivation and testified that his desire to boycott has nothing to do with Jewish people (American or Israeli) but is focused on the acts of the Israeli government.... Nevertheless, the legislation at issue did not originate in an historical vacuum.... [A]nyone with a basic knowledge of modern history knows that one of the first anti-Jewish acts taken by the Nazis after they took power in Germany was the boycott of Jewish businesses in 1933.

The court found a portion of the law unobjectionable:

[T]he court agrees that the mere refusal to engage in a commercial/ economic relationship with Israel or entities doing business in Israel is not "inherently expressive" and therefore does not find shelter under the protections of the First Amendment.

However the court went on to find a First Amendment problem with the provision in the statute that requires businesses also to refrain from "otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations" with Israel or Israeli entities.  The court said in part:

[A]ctions intended to penalize or inflict economic harm on Israel could include conduct protected by the First Amendment, such as giving speeches, nonviolent picketing outside Israeli businesses, posting flyers, encouraging others to refuse to deal with Israel or Israeli entities, or sponsoring a protest which encourages local businesses to terminate business activities with Israel.

The court issued a preliminary injunction limited to this plaintiff, refusing a state-wide injunction or one covering other businesses.  Arab News reports on the decision.

Ann Arbor, Michigan City Council Condemns Synagogue Picketers

The Ann Arbor, Michigan City Council on January 18 adopted a Resolution Condemning Antisemitism (full text) which explicitly condemns a group of individuals who have picketed the local Conservative synagogue every Saturday for the last 18 years.  The Resolution reads in part:

Whereas, A small group has picketed the Beth Israel Congregation, an Ann Arbor synagogue, every Saturday for 18 years, erecting antisemitic signs along the Washtenaw Avenue right-of-way including those that allege conspiracy and tarnish the Star of David, creating an atmosphere of hate;

RESOLVED, That the Ann Arbor City Council condemns all forms of antisemitism, and in particular the weekly antisemitic rally on Washtenaw Avenue; calls upon the persons who rally to express antisemitism on Washtenaw Avenue to renounce extremism, disband, and cease their weekly show of aggressive bigotry; and declares its support for the Beth Israel Congregation, their guests, and all members of the Jewish Community in Ann Arbor, each of whom has the right to worship, gather, and celebrate free from intimidation, harassment, and fear of violence.

Last year, the U.S. 6th Circuit Court of Appeals dismissed a suit against the picketers finding that their actions are protected by the 1st Amendment. (See prior posting.) MLive has a detailed report on the Council meeting at which the resolution was adopted.

Faculty Seek To Sever Ties With Their Union Because Of Its Anti-Semitic Positions

Suit was filed last week in a New York federal district court by six faculty members at City University of New York who are seeking to sever all ties with the faculty union known as the Professional Staff Congress. They contend that they are required to use PSC as their exclusive bargaining agent. The complaint (full text) in Goldstein v. Professional Staff Congress/CUNY, (SD NY, files 1/12/2022), alleges in part:

3. All but one of the plaintiffs are Jewish, and several of them resigned from PSC following its adoption in June 2021 of a “Resolution in Support of the Palestinian People” ... that Plaintiffs view as anti-Semitic, anti-Jewish, and anti-Israel. Since the Resolution, PSC has continued to advocate positions and take actions that Plaintiffs believe to be anti-Semitic, anti-Jewish, and anti-Israel, in a manner that harms the Jewish plaintiffs and singles them out for opprobrium, hatred, and harassment based on their religious, ethnic, and/or moral beliefs and identity....

JNS reports on the lawsuit.

Virginia Governor Creates Commission To Combat Antisemitism

Virginia's newly-inaugurated Governor Glenn Youngkin has issued an Executive Order (full text) creating a Commission to Combat Antisemitism. According to the Executive Order:

The purpose of this Commission is to study antisemitism in the Commonwealth, propose actions to combat antisemitism and reduce the number of antisemitic incidents, as well as compile materials and provide assistance to Virginia’s public school system and state institutions of higher education in relation to antisemitism and its connection to the Holocaust.

The Commission shall make recommendations to the Governor and General Assembly with the goal of identifying ways to reverse increasing antisemitic incidents in the Commonwealth.

According to a press release from the Governor's office, the Order was one of nine Executive Orders and two Executive Actions taken by Youngkin on Saturday, the day on which he was inaugurated.

Biden Resubmits Lipstadt's Nomination As Special Envoy to Monitor Antisemitism

With Congress beginning a new session, the nominations which the President sent to the Senate last year need to be resubmitted if the Senate has failed to act on them. On Tuesday, President Biden resubmitted a large number of nominations. Among them was the nomination of Deborah Lipstadt to be Special Envoy to Monitor and Combat Anti-Semitism, with the rank of Ambassador. Lipstadt's nomination was originally sent to the Senate last July. (See prior posting.) According to a CNN report, Senate Democrats accuse Republicans of stalling the nomination.  Republicans on the Senate Foreign Relations Committee have refused so far to agree to hold hearings on her nomination. This is variously attributed to a broad effort to stall President Biden's nominees, or more narrowly to concerns by Foreign Relations Committee member Ron Johnson about tweets from Lipstadt last March critical of him. Lipstadt is a professor of Modern Jewish History and Holocaust Studies at Emory University.

NY Governor Vetoes Bill Aimed At Preventing Hasidic Jews Moving Into Neighboring Town

Last week (Dec. 22), New York Governor Kathy Hochul vetoed Senate Bill 1811 which would have authorized the Town of Blooming Grove to create community preservation funds that could acquire property needed to preserve the character of the community. (Full text of bill.)  According to JNS, the Governor's Veto Memorandum read in part:

There have been well-documented tensions in Orange County between local elected officials and members of the Hasidic community. Similar tensions in the nearby Town of Chester resulted in litigation. It would be inappropriate to sign this legislation at this juncture, while facts are still being gathered about the situation. Therefore, I am constrained to veto this bill.

JNS reports further:

Blooming Grove is less than 10 miles north of the Chassidic enclave of Kiryas Joel, which has a population of some 30,000 people, nearly all of them chassidim. In recent years, members of the Orthodox community have been moving to nearby towns, including Chester and Blooming Grove. Restrictions on home building and land development are seen by some as an attempt to limit the growth of the Orthodox community in the region.

According to the Agudath Israel of America, which had been lobbying against the legislation for several months, “the real purpose of the bill is to buy up open lands in order to keep Chassidic Jews from purchasing this land and building homes in Blooming Grove … .”

Antisemitism Of Sellers Impacts Court's Decision On Breach Of Contract

In Extended CHHA Acquisition, LLC v. Mahoney, (NY County Sup. Ct., Dec. 3, 2021) a New York trial court granted buyers specific performance of a multi-million dollar contract to purchase a business which sellers attempted to repudiate in order to obtain a better price elsewhere later. The decision is unusual in that anti-Semitism of the sellers was condemned explicitly by, and figured prominently in, the court's opinion. The court said in part:

To be clear, not only did the Seller breach the Purchase Agreement ..., but also the Seller's principals and their agent-representative ... actively took glee ... in being gratuitously abusive and disrespectful of the Buyer's principals and their religious observance. The degree to which [sellers] ... taunted the Buyer's principals to their face and mocked them behind their back because they are Jewish is horrifying and cannot be overstated. Their bigotry is disgusting and shameful, representing the worst and most depraved behavior that has no place in civilized society....

The record also establishes that the Seller worked in bad faith to prevent the closing..... On March 26, 2021, three days prior to the closing, ... Mr. Shemia called to ask to close on Tuesday, March 30, 2021, rather than March 29, 2021, due to Passover.... Mr. Achilarre refused....

Additionally, the Seller is not entitled to dismissal of the Buyer's cause of action for breach of the covenant of good faith and fair dealing.... [T]he evidence of the insidious antisemitism fueling the breach by the Sellers also makes out a claim for breach of the covenant of good faith and fair dealing.

JD Supra has more on the decision.

New Survey of Antisemitism In U.S. Released

The American Jewish Committee yesterday released it latest annual State of Antisemitism in America report. It includes a Survey of American Jews, a Survey of the U.S. General Public, and a Comparison of the two surveys. Among other things, it indicates that 40% of American Jews and 21% of the general public think that anti-Semitism is a "very serious problem."

Ukrainian Parliament Outlaws Antisemitism

 JTA reports that the Ukrainian Parliament on Wednesday passed a law banning "antisemitism and its manifestations."  The vote was 283- 6 with 40 abstentions and 33 not present. (Legislative history). According to JTA:

The Law on Prevention and Counteraction to Anti-Semitism in Ukraine defines antisemitism as “a certain perception of Jews, expressed as hatred of Jews.” It lists examples of this, including Holocaust denial and “calling for, concealing or justifying the killing or harm of persons of Jewish origin.” 

The law must still be signed by Ukrainian President Volodymyr Zelensky, who is Jewish.

Biden Announces Religious Freedom and Anti-Semitism Nominations

President Biden today announced the names of four individuals who he intends to nominate to key positions involving religious affairs. Two of the nominations are for positions at the ambassadorial level:

Rashad Hussain, Nominee for Ambassador-at-Large for International Religious Freedom

Deborah Lipstadt, Nominee for Special Envoy to Monitor and Combat Anti-Semitism with the Rank of Ambassador

Two others are nominations to USCIRF: 

Khizr Khan, Appointee for Commissioner of the United States Commission on International Religious Freedom

Sharon Kleinbaum, Appointee for Commissioner of the United States Commission on International Religious Freedom

The White House announcement sets out extensive biographical facts on each nominee.

EEOC Complaint Charges Stanford University With Anti-Jewish Hostile Work Environment

 As reported by The Forward, a complaint was filed last week with the EEOC (full text and summary of June 15 complaint) on behalf of a psychiatrist and a clinical social worker at Stanford University  Counseling & Psychological Services division charging that a hostile work environment has been created for Jewish employees.  The complaint alleges in part:

... Stanford University ... has permitted the DEI [Diversity, Equity and Inclusion] program to be perverted so that it accomplishes precisely the opposite of its intended aims....

... [T]he CAPS DEI program has maligned and marginalized Jews on the basis of religion, race and ethnic identity by castigating Jews as white, powerful and privileged members of society who contribute to systemic racism and denying and attempting to erase Jewish ancestral identity. In addition, the DEI program has denigrated the concept of Jewish victimhood and deliberately excluded anti-Semitism from the program’s agenda.... 

The CAPS DEI program... relies upon racial and ethnic stereotyping and scapegoating by describing all Jews as white or white-passing and therefore complicit in anti-Black racism. Jewish staff have been pressured to attend the DEI program’s racially segregated “whiteness accountability” affinity group, which was created for “staff who hold privilege via white identity” and “who are white identified, may be newly grappling with or realizing their white identity, or identify as or are perceived as white presenting or passing (aka seen as white by others even though you hold other identities).”

Biden Issues Statement On Anti-Semitic Attacks

On Friday, President Biden issued a Statement (full text) on the Rise of Anti-Semitic Attacks. The Statement reads in part:

In the last weeks, our nation has seen a series of anti-Semitic attacks, targeting and terrorizing American Jews.... I will not allow our fellow Americans to be intimidated or attacked because of who they are or the faith they practice.

We cannot allow the toxic combination of hatred, dangerous lies, and conspiracy theories to put our fellow Americans at risk. As Attorney General Garland announced yesterday, the Department of Justice will be deploying all of the tools at its disposal to combat hate crimes.... We must all stand together to silence these terrible and terrifying echoes of the worst chapters in world history, and pledge to give hate no safe harbor.

EEOC Adopts Resolution Condemning Antisemitism

The EEOC announced yesterday that it has unanimously adopted a Resolution (full text) condemning Antisemitism. The Resolution reads in part:

[T]he U.S. Equal Employment Opportunity Commission condemns in the strongest possible terms the recent violence, harassment, and acts of bias against Jewish persons; expresses our heartfelt sympathy to and solidarity with victims and their families; and reaffirms our commitment to combat religious, ethnic, and national origin-based harassment and all other forms of unlawful discrimination and to ensure equal opportunity, inclusion, and dignity for all throughout America’s workplaces.

Kristen Clark Sworn In To Head Justice Department Civil Rights Division

On Tuesday, the U.S. Senate, by a vote of 51-48, confirmed Kristen Clark as Assistant Attorney General to head the Justice Department's Civil Rights Division. She was sworn in Tuesday evening, making her the first woman, and the first Black woman, to hold this position. According to NBC News:

Her nomination was met with opposition from Republicans, who accused Clarke of antisemitism. The accusation stemmed from an incident in 1994 in which the Harvard Black Students Association, a group Clarke led at age 19, invited a professor accused of promoting antisemitic conspiracy theories to speak. Clarke defended the decision at the time in the Harvard Crimson, the school's student newspaper.

She acknowledged this past January that giving the professor a platform was a mistake, and touted her record on antisemitism in her civil rights work.