
In the absence of further movement in Congress, the next action on state anti-BDS laws will be in the circuit courts.
By Nathaniel Sobel | Lawfare | Mar 19, 2019
The Court agrees that the commercial actions (or non-actions) of one person . . . to show support for a political position, may not be deserving of First Amendment protections . . . . However, when a statute requires a company, in exchange for a government contract, to promise to refrain from engaging in certain actions that are taken in response to larger calls to action that the state opposes . . . such a regulation squarely raises First Amendment concerns.
— US District Judge Diane J. Humetewa, US District Court of Arizona
On Feb 5, the Senate passed a package of Middle East policy bills, including the Combating BDS Act of 2019. The act, which would affect laws on the books in 26 states that prevent state and local governments from doing business with entities that boycott Israel, has reignited debate over whether lawmakers’ efforts to stymie the boycott, divestment and sanctions (BDS) movement against Israel violate the First Amendment. This post examines the bill passed by the Senate and tracks ongoing litigation against state anti-BDS laws in federal courts.
On the first day of the 116th Congress, Sens. Marco Rubio, R-Fla., James Risch, R-Idaho, Cory Gardner, R-Colo., and Mitch McConnell, R-Ky., introduced S.1, the Strengthening America’s Security in the Middle East Act, a package of four Middle East policy bills that died in the last Congress. Three of the act’s four sections were relatively uncontroversial: One codified a 2016 agreement guaranteeing Israel $38 billion in security assistance over 10 years, another reauthorized defense cooperation with Jordan through 2020, and the third added sanctions on the Syrian regime and those that do business with it.
The fourth section, entitled the Combating BDS Act, was more controversial. According to a press release from Sen. Rubio, it would “empower state and local governments in the United States to counter the anti-Israel boycott, divestment and sanctions movement’s discriminatory economic warfare against the Jewish state.” Senate foreign relations committee Chairman Risch added that the bill “is vital to . . . end discrimination against Israel.”
Continue reading “Breaking down the Combating BDS Act of 2019 and challenges to state Anti-BDS laws”



A wounded Palestinian is evacuated during a protest at the Israel-Gaza border fence, east of Gaza City on February 22, 2019. (photo: Mohammed Salem / Reuters)



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