Yossi Beilin

Dr. Yossi Beilin is a veteran Israeli politician who has served in multiple ministerial positions representing the Labor and Meretz parties.

Boycotting boycotters will backfire

The tension between the Israeli leadership and U.S. Jewish leadership is increasing. One of the main reasons for the crisis is that American Jews, who are mostly liberal and traditionally vote for the Democratic Party, see President Donald Trump as representative of everything they loathe in politics: his treatment of women, his attitude toward minorities and his attitude toward the system of government itself.

American Jews have difficulty understanding how Trump is so popular in Israel, of all places, and has much greater support than he does in the U.S. Then come questions about the alienation of non-Orthodox streams of Judaism and the ongoing affair of women's prayer at the Western Wall and the violation of a deal that allowed Women of the Wall and non-Orthodox Jews to pray according to their traditions in an area of the Wall set aside for them.

No one can dismiss the tension that has resulted. Important American Jews believe that the Israeli government today thinks evangelical Christians, not American Jews, are its most loyal supporters. They believe that the support of the far Right is dangerous for Israel, not only because evangelical Christians envision converting Jews but also because the support comes from people who for years have clashed with liberal Jews. And for some far Right Christians, a love for Israel goes hand in hand with anti-Semitism. Anyone who is disturbed by this friction needs to make an effort and avoid making things worse, like the bill currently before Congress does that backs U.S. states that have enacted laws against boycotts of Israel.

The bill is part of a justified battle against the boycott, divestment and sanctions movement, but often there are people who take advantage of the sensitivity of the issue and want to prove their friendship in ways that could potentially hurt Israel.

The Republicans supported the legislation against boycotts but the Democrats were split, with 22 senators voting against it, arguing that it comprised an attack on the freedom of speech and conscience guaranteed in the First Amendment. In the House of Representatives, as well, Republicans are poised to vote for it and the Democrats – who now have a majority – are likely to split. House Speaker Nancy Pelosi still hasn't spoken but she has a deep interest in ensuring that the Democrats vote the party line, so any bill or amendment that causes a split is a problem for her.

Laws that punish boycotters by boycotting them have already been passed in 25 U.S. states, but federal courts in Kansas and Arizona have prevented them from being implemented and accepted the arguments by petitioners that their freedom of speech is being restricted. The authors of the new bill think that although it is only a declaration, it will provide support for the states that boycott boycotters. Many legal scholars argue that the First Amendment overrides any law passed by Congress, so the federal courts will be required to rule according to the Constitution and will have no choice other than to hand down an injunction against the implementation of the law.

The bill might pass in the House of Representatives but it would be a bitter victory. The law cannot overrule federal courts so it will not achieve its goals. As far as Israel is concerned, it would widen the breach between it and American Democrats, meaning between it and most American Jews. Anyone to whom Israel is important and who holds relations with American Jews dear should hint to the hardworking people in AIPAC that they should drop the anti-boycott law.

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