The Biden administration declared that eight federal agencies will use Title VI of the Civil Rights Act of 1964 to combat anti-Semitism and other forms of ethnic or ancestral discrimination – a policy known as the “Marcus Doctrine” since LDB Chairman Kenneth L. Marcus established it at the U.S. Department of Education nearly 20 years ago. A coalition led by the Brandeis Center filed suit this month alleging that a California school district flouted open meeting rules in order to secretly pass ethnic studies courses containing anti-Semitic content. LDB sent the University of Pennsylvania’s president a letter ahead of an anti-Semitism-fueled campus festival, notifying her of Penn’s legal obligation to prevent harassment and discrimination of Jewish and Israeli students. And U.S. Representative Debbie Wasserman Schultz headlined the Brandeis Center’s first Capitol Hill policy briefing, serving as honorary host. LDB Commends Pres. Biden for Embracing ‘Marcus Doctrine’ Across Eight Executive Agencies The White House announced last week it would use Title VI of the Civil Rights Act of 1964 across eight additional federal agencies to combat anti-Semitism. The U.S. Depts. of Agriculture, Health and Human Services, Housing and Urban Development, Interior, Labor, Treasury, and Transportation will join the U.S. Depts. of Justice and Education in applying policy established by Brandeis Center Founder and Chairman Kenneth L. Marcus in 2004 – known as the “Marcus Doctrine.” Marcus released a statement in response to the historic news. An excerpt is reprinted below. Read the full version here. “We are elated by this morning’s Biden White House announcement that eight federal agencies would acknowledge that Title VI of the Civil Rights Act of 1964 protects Jewish Americans, as well as other ethno-religious groups, from certain ethnic or ancestral discrimination… Nevertheless, it is only a partial victory, even if it is deeply satisfying. “But there’s a problem….It’s one thing for the government to commit to addressing anti-Semitism and another for it to identify anti-Semitism properly….It has always been critical that this policy be coupled with a proper, uniform definition of anti-Semitism. In our times, that definition is the IHRA Working Definition. “The Executive Order on Combating Anti-Semitism wisely provided explicitly for IHRA’s use, subsequent Education Department guidance has also done so, and the Biden State Department has just reiterated its commitment to IHRA in Ambassador Lipstadt’s new report. It is crucial that the domestic agencies do so as well.” LDB-led Jewish Group Coalition Sues CA School District for Hiding Anti-Semitic Content from the Public The Brandeis Center, ADL, AJC, and Potomac Law Group, with the help of StandWithUs, acting as consultant, filed suit against the Board of the Santa Ana Unified School District (SAUSD), on behalf of the Brandeis Center and its membership arm, So-CUE (Southern Californians for Unbiased Education). The lawsuit alleges that the Board violated California’s open meetings law and asks the Court to void the actions taken by the Board, including its approval of anti-Semitic ethnic studies curricula. “We want the open meeting rules followed, so that the public is made aware of the content of these courses, as the law requires, and has a full opportunity to raise objections,” Brandeis Center General Counsel L. Rachel Lerman told Jewish Insider. “These courses are supposed to be vetted publicly, not pushed through under the radar. That is what our open meeting laws are all about.” “We’ve known for some time that there was a desire to go under the radar with the [subcommittee hearings],” she told eJewish Philanthropy. People designing these courses know that the Jewish community is not going to be happy about being the minority group thrown under the bus.” LDB Urges U. Penn to Unequivocally Support Jewish Students Ahead of Anti-Semitic Festival Ahead of a campus festival at the University of Pennsylvania (“UPenn”) featuring a number of anti-Semitic speakers and events, the Brandeis Center sent UPenn President M. Elizabeth Magill an 18-page letter emphasizing Penn’s legal obligation to protect Jewish and Israel students from anti-Semitic harassment and discrimination. “When it comes to anti-Semitism, Penn appears to apply a double standard. Jewish and Israeli students are entitled to the same protections as other groups,” the Brandeis Center explained in a letter signed by Chairman Kenneth L. Marcus, President Alyza D. Lewin, General Counsel L. Rachel Lerman and Staff Attorney Deena Margolies. “The University must treat anti-Semitism just as it treats hate speech against other minority groups.” LDB’s letter received media coverage from Jewish Insider, Delaware Valley Journal, Jewish Journal, Washington Free Beacon, JNS and Algemeiner. LDB accused Penn’s administration of shirking its legal responsibilities by failing to address the festival’s anti-Semitic content, sponsoring, and providing funding for the event. “By tacitly condoning the inflammatory and false narratives about Israel and the denial of the Jews’ ancestral connection to the land of Israel — themes that speakers at this weekend’s festival repeatedly espouse,” the letter explains, “Penn is allowing the festival to create a hostile environment for Jewish students on its campus at a time when, even the university has acknowledged, antisemitic harassment, vandalism and assault are rising on college campuses.” U.S. Rep. Debbie Wasserman Schultz Addresses LDB’s First Capitol Hill Policy Briefing U.S. Representative Debbie Wasserman Schultz served as honorary host for the Brandeis Center’s first Capitol Hill Policy Event: “Briefing on Anti-Semitism in America on College Campuses and in the Workplace.” The Congresswoman expressed appreciation for LDB’s efforts to use U.S. civil rights law to protect Jewish students and employees from harassment and discrimination. Dozens of Congressional staffers attended to hear Brandeis Center Chairman Kenneth L. Marcus and Director of Corporate Initiatives Rory Lancman discuss the challenges of anti-Semitism on college campuses and in the workplace and the legal avenues used to combat civil rights violations. The policy briefing also provided attendees with educational resources. Marcus explained the history of campus anti-Semitism, highlighting LDB’s “four pillars,” and gave overviews of Executive Order 13899 on Combating Antisemitism and the IHRA working definition of antisemitism. Lancman described resources available to employees facing religion-based discrimination in the workplace, noting the U.S. Supreme Court recently published a unanimous decision on accommodating the religious needs of employees. He also detailed LDB’s efforts to include anti-Semitism education within employers’ Diversity Equity and Inclusion (DEI) programs. The event was produced by LDB Directory of Policy Education Emma Enig. “Capitol Hill staffers on both sides of the aisle have shown a real willingness to learn about anti-Semitism – the historical, pervasive nature of it and modern-day manifestations.” Enig stated. “They understand that Jew-hatred is growing at an alarming rate in our country and are eager to help their Jewish constituents.” Alyza D. Lewin Contextualizes U.S. National Anti-Semitism Strategy for AEN Audience Brandeis Center President Alyza D. Lewin parsed the good, the bad, and the to-be-determined inside the recently released U.S. National Strategy to Counter Antisemitism — in a webinar hosted by the Academic Engagement Network.AEN organized a webinar about the U.S. National Strategy to Counter Antisemitism, which was released earlier this year. Five distinguished faculty members and organizational leaders shared their perspectives on the national strategy, and discussed the ways in which it intersects with and may impact the work they do on campus and within the academy. President Lewin and other expert organizational leaders and faculty members discussed the ways in which it intersects with and may impact the work they do on campus. White House Domestic Policy Advisor Comments on Brandeis Center’s Milestone UVM Agreement On a September 14 call with hundreds of rabbis, White House Domestic Policy Advisor Neera Tanden commented on the Brandeis Center’s milestone Resolution Agreement with the University of Vermont, in which the Biden administration applied Title VI of the Civil Rights Act to anti-Zionist discrimination for the first time. Tanden, who is the administration official responsible for overseeing the implementation of the newly-released U.S. National Strategy to Counter antisemitism, observed that: “Obviously, there’s been a rising concern on campus on anti-Semitism, and the strategy really propels action on the part of the part of the [Dept. of Education] and the Office of Civil Rights to really be aggressive in addressing antisemitism as we look at and investigate other issues of discrimination,” said Tanden, who pointed to the settlement the Department of Education reached with the University of Vermont — based on a Brandeis Center legal complaint — in April that said the university had not adequately responded to anti-Semitism on its campus. The Brandeis Center complaint described anti-Zionist harassment at UVM including two student clubs that excluded Zionists and a teaching assistant who repeatedly harassed Zionists online. In its Resolution Agreement, the Department of Education required UVM to modify its policies and training to address this form of anti-Semitism which it treated as national origin discrimination based on shared ancestry. JTA Highlights Brandeis Center Leadership Role in Combating Campus Anti-Semitism In a broad feature on the state of pan-university campus anti-Semitism, Jewish Telegraphic Agency referenced the Brandeis Center’s leadership in holding campus administrators accountable to prevent anti-Semitic harassment and discrimination: “Legal organizations like the Brandeis Center have filed numerous complaints with the U.S. Department of Education alleging that universities’ failure to properly curb anti-Israel activity on campus amounts to a violation of Jewish students’ civil rights; some of these cases have resulted in federal investigations and even settlements with the schools.” Alyza D. Lewin Shares Experience and Insights Fighting Anti-Semitism with JBS Brandeis Center President Alyza D. Lewin sat with the Jewish Broadcasting Service for a wide-ranging interview discussing Elon Musk’s recent threat to sue the Anti-Defamation League and her extensive experience and perspective combating anti-Semitism online and off: “There’s no doubt…that the anti-Semitic rhetoric in general on all of social media and online is spreading faster than ever before. It’s one of the reasons why…we do see anti-Semitism on the rise,” stated Lewin. “What we do at the Brandeis Center is…train law school students…to be effective in combating the anti-Semitism we see today. Regarding Musk, Lewin mused: “If Elon Musk were to bring this lawsuit, could [it] actually serve as a real educational opportunity for society…to really learn what anti-Semitism is and what…traditional anti-Semitic tropes sound like – or would it be a risk that our society is so far gone that if [it hears] these anti-Semitic tropes, [it’ll] buy into it?” Brandeis Center Hires Civil Rights Legal Fellow Alexandra Rindenow LDB is pleased to announce the appointment of Alexandra Rindenow as the organization’s newest Civil Rights Legal Fellow. Ms. Rindenow, a graduate of the Benjamin N. Cardozo School of Law, will assist with legal and policy matters. “The demand for Brandeis Center services is at an all-time high…. Adding Alexandra and other new lawyers to our staff allows the Brandeis Center to do more of what it does best – advance the civil and human rights of the Jewish people and promote justice for all,” remarked Brandeis Center Chairman Kenneth L. Marcus. . “As the former Vice President of Cardozo’s LDB law student chapter….[Rindenow’s] knowledge that American civil rights law protects Jews on the basis of shared ancestral and ethnic heritage will enhance the Brandeis Center’s capacity to ensure that our campuses, workplaces and public arenas remain safe and welcoming spaces for all members of our society,” stated Brandeis Center President Alyza D. Lewin. Welcome Brandeis Center Fall Clerks and Interns Incoming fall 2023 LDB intern Ananya Narayanan (American Univ, ’26) authored a blog post introducing herself and her fellow LDB clerks and interns: Eliott Dosetareh (Cardozo Law, ’24), Annabelle Enig (Emory Univ, ’25), and returning intern Bryn Schneider (American Univ, ’25). The Brandeis Center welcomes this group of clerks, who assist LDB attorneys with legal work, and interns, who work on LDB communications and policy projects. Students interested in Spring and Summer internship, clerkship, and fellowship opportunities are encouraged to apply here. The Brandeis Center is Hiring The Brandeis Center is hiring for the full-time position of Litigation Counsel. We are looking for an attorney with 3-5 years of civil litigation experience who can handle all aspects of litigation in federal court as well as before federal and state administrative agencies. Litigation Counsel will join the Brandeis Center’s legal team in its efforts to combat anti-Semitism and anti-Zionism on campus, in the corporate arena, and beyond. If you meet the qualifications and are passionate about our mission to advance the civil and human rights of the Jewish people and promote justice for all, we want to hear from you. Visit our website for the full job description and requirements. To apply or for inquiries, email info@steadfast.us.