In the midst of a partial government shutdown, Democratic and Republican senators have decided that their first order of business should be a bill that would weaken Americans’ First Amendment protections.
By Ray Grim and Glenn Greenwald | The Intercept | [Jan 5, 2019
[The First Amendment protects the right to express] dissatisfaction with the injustice and violence, as experienced both by Palestinian and Israeli citizens.
— Judge Daniel D. Crabtree, US District Court of Kansas
When each new Congress is gaveled into session, the chambers attach symbolic importance to the first piece of legislation to be considered. For that reason, it bears the lofty designation of HR.1 in the House and S.1 in the Senate.
In the newly controlled Democratic House, HR.1 — meant to signal the new majority’s priorities — is an anti-corruption bill that combines election and campaign finance reform, strengthening of voting rights, and matching public funds for small-dollar candidates. In the 2017 Senate, the GOP-controlled S.1 was a bill, called the “Tax Cuts and Jobs Act,” that, among other provisions, cut various forms of corporate taxes.
But in the 2019 GOP-controlled Senate, the first bill to be considered — S.1 — is not designed to protect American workers, bolster US companies, or address the various debates over border security and immigration. It’s not a bill to open the government. Instead, according to multiple sources involved in the legislative process, S.1 will be a compendium containing a handful of foreign policy-related measures, the main one of which is a provision — with Florida’s GOP Sen. Marco Rubio as a lead sponsor — to defend the Israeli government. The bill is a top legislative priority for the American Israel Public Affairs Committee.
In the previous Congress, that measure was known as S.170, and it gives state and local governments explicit legal authority to boycott any US companies which themselves are participating in a boycott against Israel. As The Intercept reported last month, 26 states now have enacted some version of a law to punish or otherwise sanction entities that participate in or support the boycott of Israel, while similar laws are pending in at least 13 additional states. Rubio’s bill is designed to strengthen the legal basis to defend those Israel-protecting laws from constitutional challenge.