Biden’s plan against antisemitism has potential, but it could be a major miss (Washington Examiner)

Op-ed authored by Brandeis Center Chairman Kenneth L. Marcus and published in Washington Examiner on May 18, 2023.

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White House domestic policy adviser Susan Rice announced that the Biden White House is “aiming to release” its national strategy on antisemitism later this month. Expectations are appropriately high: President Joe Biden has suggested multiple times that antisemitism at the 2017 rally in Charlottesville, Virginia, motivated his decision to run for president. And he has since pledged that he would “not remain silent in the face of this antisemitic venom, vitriol, and violence.” With antisemitism skyrocketing across the United States, getting this right could not be more important.

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Jewish Americans make up just 2% of the U.S. populace, but according to the latest FBI statistics, Jews have been targeted more than all other religious groups combined. The Anti-Defamation League recently reported the highest number of annual Jewish hate crimes on record since it began tracking antisemitic incidents in 1979.

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Given these threats, it’s understandable that Biden’s Jewish supporters are preparing to applaud the White House plan. Until they know its contents, however, they would be wise to withhold applause. The plan has potential, but it could be a major flop. Its success or failure will depend on three things.

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The first is whether it fully adopts the International Holocaust Remembrance Alliance’s working definition of antisemitism. The IHRA’s definition has been adopted by over 30 nations and more than half of U.S. states. It is the indispensable cornerstone of any meaningful approach to addressing the contemporary forms that antisemitism takes in the U.S. and throughout the world.

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Embracing the IHRA definition should be easy. Secretary of State Antony Blinken has stated that the Biden administration “enthusiastically embraces” it. While some on the far Left have opposed the IHRA definition, the Biden administration would be wise to avoid their counsel.

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The Biden plan will succeed only if it is demonstrably bipartisan. The IHRA definition is supported by both Democrats and Republicans of every political persuasion. Making the IHRA definition the centerpiece of the Biden plan would signal that Biden intends to address antisemitism on both the Left and the Right. Failure to do so would send a very different signal about his intentions. It would also indicate a basic lack of seriousness.

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Our European allies understand that the IHRA definition is necessary in the fight against antisemitism. In 2021, the European Commission wisely made the IHRA definition the linchpin of the European Union’s landmark strategic plan on combating antisemitism and fostering Jewish life. The European Union’s plan recognized that the IHRA is “the benchmark” for a human rights-based approach to antisemitism. The commission even went further and issued an important Handbook for the Practical Use of the IHRA Definition of Anti-Semitism, which provides specific examples on how that tool can best be used in the European context.

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Two years later, it would be downright embarrassing if the American plan failed to meet the European standard. A Biden plan that lacks the IHRA’s definition would be two years late and a euro short.

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What the plan omits is even more important than what it includes. Look to see whether the Biden plan tries to legitimize the controversial definitions that have been offered as left-wing alternatives to the IHRA, such as the Jerusalem Declaration, the Nexus Definition, or any number of others. These diluted forms would frustrate effective enforcement, undermine international unity, and prevent meaningful comparisons among jurisdictions. While the IHRA definition has been adopted by dozens of U.S. allies, these counterfeits have, fortunately, garnered no significant support internationally. For the Biden administration to legitimize any of them would break the international consensus and undermine anti-discrimination efforts.

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The last question is whether the plan will have teeth. For the Biden plan to be useful, it must have, as Elvis sang, “a little less conversation, a little more action, please.” In the face of historic levels of college-based antisemitism, Biden recently acknowledged that “we have witnessed,” under his watch, “Jewish students harassed on college campuses.” While it is good that Biden recognizes this, he must do more than “witness.” He must take action.

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White House officials know what they need to do. The White House has repeatedly committed to issuing a rule codifying the Executing Order on Combating Anti-Semitism ( E.O 13899 ). That order confirms Jewish students’ rights under the Civil Rights Act and provides that officials will use the IHRA definition where appropriate. This proposed rule, although repeatedly delayed , would be an enforceable rule with the force of law, providing federal officials with constitutionally-circumscribed methods of ensuring that colleges and universities comply with anti-discrimination law.

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It is not an encouraging sign that the Department of Education’s Office for Civil Rights, which has been working on this rule for more than two years, failed even to mention it this month in its newly issued annual report to Congress.

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If Biden is genuine in his professed commitment to address antisemitism, he cannot just make plans. He cannot just “witness.” He cannot just “not remain silent.” He must take action. He must adopt the IHRA’s definition in both his plans and his actions. He must issue a plan against antisemitism that is no less robust than the European Commission’s, and he must follow it up with prompt action. His first action should be to issue the Education Department’s long-delayed rule on combating campus antisemitism without further delay.