|
February 12, 2023
Key Takeaways:
- President Biden went off script during the State of the Union speech to get Republicans to agree not to cut Social Security or Medicare. Republican heckling allowed Biden to prove that he remains quick-witted and on top of his game. The only outstanding question is whether the GOP performance on Tuesday counts as an in-kind contribution to Biden's reelection campaign.
- The IHRA definition of antisemitism cannot stand on its own and should not be codified into law at the state or federal level. The American Bar Association rejected the IHRA definition in its resolution against antisemitism and the Department of Education's fact sheet on protecting students from discrimination, including antisemitism, omitted the IHRA definition despite pressure to include it. Both decisions were correct.
- Legislation introduced in Georgia would codify the IHRA definition of antisemitism. The proponents might mean well, but pitting the Jewish community against the free speech community is neither smart policy nor smart politics, especially for the sake of an inadequate definition never intended to be used for legal purposes.
- We now have better definitions than the IHRA definition, and we should turn to those definitions for guidance.
Read to the end for corrections, what you may have missed last week, fun stuff, and upcoming events.
You're welcome to read for free, but if you want to chip in to help defray the cost of the newsletter, click here to pay by credit card or PayPal. Just fill in the amount of your choice. Or Venmo @Steven-Sheffey (if it asks, the last four phone digits are 9479).
Hi Steve,
Until Tuesday, the best unscripted State of the Union moment was President Obama's response to sarcastic GOP applause. But Tuesday night, not only did Lebron James break Kareem Abdul-Jabbar's record for most points scored in a career, President Biden set the record for most unscripted State of the Union successes, including getting the GOP to agree not to cut Social Security and Medicare after wishing the hecklers lots of luck in their senior year.
As Brian Beutler pointed out, Republicans react with incredulity and soccer-floppery when their plans are described in plain English. Republican proposals to sunset social security after five years are functionally equivalent to repeals, and other Republicans have called for ending social security. In addition, the GOP pledge to balance the budget in ten years is impossible without cutting social security (unless we raise taxes, which Republicans oppose). Let's not forget this moment of Zen from Tuesday night.
Watching Biden spar with the Republicans was like watching the Harlem Globetrotters play the Washington Generals except on Tuesday, the game wasn't fixed (although Republican leadership is just as white). Republicans gave Biden a national stage on which to prove to the nation that he's quick on his feet and firmly in command.
I'd love to play the both sides game with examples of off-the-cuff presidential wit and wisdom from State of the Union addresses delivered by Republicans, but none exist. The past few Republican presidents have been neither bright nor quick-witted. Democrats never gave them the chance to prove otherwise during the State of the Union because Democrats respected the office and the gravity of the moment during the State of the Unions presented by Republican presidents.
Unlike some, I didn't mind the heckling on Tuesday. True, Republicans disrespected time-honored norms, but unlike their attempt to overturn the 2020 election, they did not disrespect democratic norms on Tuesday night. Other democracies, including Israel and Great Britain, have taken political heckling to an art form. The problem with the Republican heckling is not that they did it, but that they did it so poorly.
The latest on the IHRA definition of antisemitism. We must oppose antisemitism in all forms and from all sources. To do that effectively, we cannot rely on the IHRA definition of antisemitism, which was developed to help European data collectors identify possible instances of antisemitism. That's why, by its own terms, it is legally non-binding--it was never intended to be enshrined in law.
The IHRA definition, as David Schraub wrote, "is vague to the point of incoherency, and riddled with so much imprecision and hedging that it could justify labeling anything or nothing anti-Semitic." According to the IHRA definition, everything depends on context, which means that anyone who can't identify antisemitism without the IHRA definition will not be able to identify antisemitism with the definition. It cannot stand on its own.
Neve Gordon and Mark Levine point out that under the IHRA definition, Albert Einstein, Hannah Arendt, and Yeshayahu Leibowitz could be considered antisemitic. Nevertheless, for the reasons they outline, this definition appeals to Jewish institutions with certain agendas. Victims of antisemitism object to the IHRA definition because it is vague and inadequate.
The Jewish Council on Urban Affairs, the Progressive Israel Network, Americans for Peace Now, and Ken Stern--the lead drafter of the IHRA definition--oppose government use of the IHRA definition of antisemitism. American Jewish Congress, ADL, Central Conference of American Rabbis, HIAS, National Council of Jewish Women, Rabbinical Assembly, Union for Reform Judaism, and World Jewish Congress have warned that using the IHRA definition to trigger federal or state anti-discrimination laws “could be abused to punish Constitutionally protected, if objectionable, speech.”
For years, the IHRA definition was the only game in town. It wasn't the gold standard. It was the only standard. That's part of the reason it gained momentum and why some people support it despite its flaws: because, like Mt. Everest, it is there. The IHRA definition is the VHS or Word of antisemitism definitions. VHS won over Beta, and Word won over Wordperfect, not because VHS and Word were better, but because they gained critical mass early.
Now we have more sophisticated tools designed to help us identify antisemitism, such as the Nexus definition, and we should use them. Jonathan Jacoby, who directs the Nexus group, said that “the big mistake people are making about IHRA is that it’s the final word and there are many words and perspectives. You can think of IHRA as the Mishnah and [the Nexus definition] as the Gemora."
Indeed, on May 27, 2021, members of Congress wrote to Secretary of State Blinken that "while the IHRA definition can be informative, in order to most effectively combat antisemitism, we should use all of the best tools at our disposal," citing the Nexus definition and Jerusalem Declaration on Antisemitism, to which I would add T'ruah's very brief guide to antisemitism and the Nexus one-pager, neither of which existed when these members of Congress wrote their letter. The IHRA definition should not be used for guidance unless these other tools are used.
Last week, the American Bar Association rejected inclusion o the IHRA definition in its resolution opposing antisemitism, in part based on opposition from the ACLU, which noted that "any embrace of the IHRA definition by the ABA would undermine fundamental rights of free speech, freedom of assembly and protest, and academic freedom." It's bad policy and bad politics for the Jewish and pro-Israel communities to be on opposite sides of the free speech communities.
The IHRA definition is focused mainly on defining criticism of Israel as antisemitism, not on the real antisemitism too many Jews face in the United States. Seven of the 11 IHRA definition examples are about Israel, but those guards at our synagogues are not there to protect us from people holding Israel to double standards or accusing Israel of racism (nor is it antisemitic to do so).
Those guards are there to protect us from the right-wing extremists shooting up our synagogues. Our goal should be to protect the Jewish community from real antisemitism, not to shield the government of Israel from criticism we might find offensive or inaccurate. But the IHRA examples not related to Israel do not contain any precise examples of antisemitic rhetoric.
One does not have to agree with every position taken by Americans for Peace Now and the other co-signers of the ACLU letter to understand that acknowledging the free speech rights of those with whom we disagree does not mean we agree with them. Rather, it means that as minorities who know what it means to be oppressed, we understand that the tables can turn at any time and that we are safer under a government that values free speech.
The Department of Education's January 2023 Fact Sheet on protecting students from discrimination, including antisemitism, omits the IHRA definition despite pressure for its inclusion, and the fact sheet is fine without it because current law protects students from antisemitism.
Unfortunately, a bill is moving through Georgia, HB 30, that would codify the IHRA definition as the statutory definition of antisemitism. We need to fight antisemitism. But codification of the IHRA definition would at best do nothing and at worst would distract from that fight.
Supporters of the IHRA definition have yet to provide any evidence that antisemitic speech or violence declined anywhere in the U.S. following adoption of the IHRA definition.
If you live in Georgia--or any state where well-intentioned but misguided legislators attempt to codify the IHRA definition as the sole guide to defining antisemitism--let your legislators and your community know where you stand. We must oppose antisemitism in all forms and from all sources; adopting vague and inadequate definitions that could lead to suppression of legitimate (albeit disagreeable) speech that is not antisemitic is counterproductive. If it is necessary to define antisemitism, we have better definitions than the IHRA definition that we can use in addition to or instead of the IHRA definition.
Tragedy in Jerusalem. Another terrorist attack killed at least two people, including at least one child, in a car-ramming attack near East Jerusalem’s Ramot neighborhood on Friday. The Biden administration "strongly condemned" the attack, saying "the deliberate targeting of innocent civilians is repugnant and unconscionable."
Personal Note. My youngest daughter, Orli, died on February 11, 2022. It’s been a hard year for me and my family, a year of reflection and re-evaluation. Orli used to help me edit this newsletter, which is one reason I keep writing it. The words of kindness and support from many of you, most of which I have been unable to acknowledge, cannot bring her back but have made a difference. The world sometimes seems meaningless and unreal, but I am convinced that love, which cannot be seen, is real, and in the end, is what matters. Orli will always be a part of my life. Timna, my wife, has been sharing reflections on her Medium page.
Corrections. I'm entitled to my own opinions but not to my own facts. In last week's newsletter, I linked to an article and misspelled the author's name. His name is Alon Pinkas, not Alon Pinkus. Thanks to the careful reader who brought the error to my attention.
In Case You Missed It:
- Sen. Dick Durbin (D-IL) should restore integrity to the judicial confirmation process by eliminating blue slips.
- Emily Tamkin, the author of "Bad Jews," wrote the definitive coda to the Republicans' removal of Rep. Ilhan Omar (D-MN) from the House Foreign Affairs Committee. If you read one article on this controversy, this is the article to read.
- Tamkin references Kevin McCarthy's unapologetic use of the antisemitic George Soros trope in 2018. It didn't stop Republicans from electing him Speaker of the House. On Thursday (February 9), Donald Trump, the frontrunner for the GOP presidential nomination, used the same antisemitic trope. It won't stop Republican voters from again nominating him for president.
Tweets of the Week. Rep. Jamie Raskin (D-MD) and Rep. Jared Moskowitz (D-FL) (be sure to watch the short video of Moskowitz).
Video Clips of the Week. Rep. Nancy Mace (R-SC) roasts Rep. Matt Gaetz (R-FL) and Reps. George Santos (R-NY) and Lauren Boebert (R-CO) at the Washington Press Club dinner. Yes, sometimes Republicans can be funny.
Upcoming Event. Democratic Jewish Outreach Pennsylvania (DJOP) presents a free event on Zoom: "US-Israel relations: The View from Jerusalem and DC" on Sunday, March 19, at 10:00 am CT moderated by Jill Zipin with panelists Rep. Susan Wild (D-PA), Nimrod Novik (Israel Policy Forum’s Israel fellow and a member of the Executive Committee of Commanders for Israel’s Security), DJOP Board member Martin Raffel (previously senior vice president and director of the Task Force on Israel, World Jewry & International Human Rights at the Jewish Council for Public Affairs), and Steve Sheffey (me). RSVP here to get the link.
This is the newsletter even Republicans have to read and the home of the viral Top Ten Signs You Might be at a Republican Seder (yes, I wrote it).
If someone forwarded this to you, why not subscribe and get it in your inbox every Sunday? Just click here--it's free.
Donations are welcome (because this costs money to send). If you'd like to chip in, click here and fill in the amount of your choice. The link lets you use a credit card or PayPal. If you'd rather pay by check, please reply and I'll send you the mailing address (do not send checks to the P.O. Box). Or you can Venmo to @Steven-Sheffey (last four digits of phone number are 9479).
I accept advertisements. Let me know if you're interested.
| 
