On New Year’s Eve, Michigan Governor Rick Snyder signed two anti-BDS bills into law. The bipartisan legislation—previously bill HB 5821 sponsored by Reps. Al Pscholka, Mike Calton, Jeremy Moss, and Andy Schor, and bill HB 5822 sponsored by Rep. Robert Wittenberg—prohibits the state from hiring businesses that boycott individuals or public entities of a foreign nation.
The new law states that the Department of Management and Budget and all state agencies “may not enter into a contract with a person to acquire or dispose of supplies, services, or information technology unless the contract includes a representation that the person is not currently engaged in, and an agreement that the person will not engage in, the boycott of a person based in or doing business with a strategic partner.”
These measures, which are now Public Acts 526 and 527 of 2016, condemn national origin discrimination and thus the efforts of the anti-Israel boycott, divestment, and sanctions movement (BDS). In effect, the new legislation outlaws business relations between public entities of the state of Michigan and companies that practice BDS policies.
The Public Acts protect Michigan’s economy from the devastating effects of boycotting Israel. Michigan benefits from tens of millions of dollars in annual economic trade with Israeli entities and partners with commercial interests in Israel. Their trade encompasses some of the state’s most important economic sectors—namely, technology research and development, defense, and health sciences. The BDS effort to restrict trade with Israel would threaten the future prosperity of both Michigan and Israel, a danger which Public Acts 526-527 effectively mitigate.
The recent legislation sends a strong message that Michigan will not support the anti-Semitism and intolerance of campaigns like the BDS movement. It is not only an anti-BDS victory, but also a triumph against prejudice and the practice of holding Israel to a double standard.
Michigan’s efforts come in the wake of similar action from other states in recent months. Ohio passed an anti-BDS law in December, following legislation in Pennsylvania in November, California in September, New Jersey in August, and Rhode Island in June. Michigan joins awcwnrwwn other states in opposing BDS. This new legislation marks the rising tide of state governmental efforts against BDS and points to continued success of the anti-BDS movement.
Nathan Lewin, Esq. Nathan Lewin is a cofounder and partner in Lewin & Lewin, LLP, where he engages in trial and appellate litigation in federal and state courts. Mr. Lewin has been listed in Best Lawyers in America since its first editions and was included in "Washington's Best 75 Lawyers" in the April 2002 Washingtonian magazine.