David Schraub
@schraubd.bsky.social
5.3K followers 1.2K following 4.5K posts
Sometimes lawyer. Sometimes law professor. All the time awesome. Associate Prof. at Lewis & Clark Law (con law and anti-discrimination). http://dsadevil.blogspot.com
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schraubd.bsky.social
If your position is that genocide is so clearly conclusively established that only a bad-faith actor could possibly fail to endorse it (as opposed to Harris' "the genocide allegation is sufficiently credible that we need to take the possibility seriously and not dismiss it"), then I simply disagree.
schraubd.bsky.social
If the ICJ issues an opinion concluding, e.g., genocide was not established, one could contest that--but not (I'd argue) on the basis that "this ruling harms solidarity efforts". Likewise, if they conclude the opposite, one could contest that too, but not on the basis of "it harms Israel's esteem".
schraubd.bsky.social
More broadly: Yes, obviously non-judges can assert opinions about legal questions. And people can disagree with legal conclusions made by judges too. But the point is that what should be used to undergird an opinion about a legal concept is the legal criteria, not a rhetorical or political one.
schraubd.bsky.social
I don't know why it's "contrary" -- I said that these scholars were *not* (at least in their own presentation) making an emotive, rhetorical, or political mobilization conclusion, but rather one based on an extant legal framework.
schraubd.bsky.social
Likewise, if the facts do prove genocide, "it makes us sad and I don't want to think of myself as attached to a state that committed genocide" would not be enough to reject applying the term. The emotive resistance is not sufficient.
schraubd.bsky.social
And I would say that if the facts ultimately don't adduce what's necessary to prove the crime of genocide was committed, then "it expresses our outrage + it's useful mobilizing rhetoric" wouldn't be enough to justify the applying the term. The rhetorical pull is not sufficient.
schraubd.bsky.social
Those scholars, at least in theory, were not arguing "it's a genocide because that's the right rhetorical term to express how strongly we feel about what's happen." They were arguing it was genocide based on the extant legal framework used to identify what genocide is.
Reposted by David Schraub
anamariecox.bsky.social
To everyone who says, "But this won't matter": *MAKE IT MATTER.*

You have that power! This is not inside baseball and your friends and neighbors will likely be appalled. And if they're *not* appalled, don't be cynical yourself. Take the lead, give the cue.
politico.com
EXCLUSIVE: Thousands of leaked messages show leaders of Young Republican groups joking about gas chambers, slavery and rape in a private Telegram chat.

Inside rising GOP leaders’ racist chats — obtained by POLITICO and spanning more than 7 months👇
‘I love Hitler’: Leaked messages expose Young Republicans’ racist chat
Thousands of private messages reveal young GOP leaders joking about gas chambers, slavery and rape.
www.politico.com
schraubd.bsky.social
This is the right take, fwiw. “Genocide” is a legal term, which means (a) it doesn’t become true just bc it is good mobilizing rhetoric or expresses the depth of one’s despair, and (b) it doesn’t become false bc accepting it as true would make one sad, uncomfortable, or challenge one’s self-image.
diplomatofnight.com
On MSNBC, Kamala Harris was asked if she agreed that Israel is committing genocide against Palestinians.

“I will tell you that when you look at the number of children that have been killed [...] the refusal to give aid, we should all step back and ask this question and be honest about it, yeah.”
Former Vice President Kamala Harris held back from labeling Israel's actions in Gaza a "genocide" on Sunday but said it was an appropriate question.
"A lot of folks in your party have called what's happening in Gaza a genocide. Do you agree with that?" correspondent Eugene Daniels asked Harris during an interview on MSNBC's "The Weekend."
"Listen, it is a term of law that a court will decide," Harris responded. "But I will tell you that when you look at the number of children that have been killed, the number of innocent civilians that have been
killed, the refusal to give aid and support, we should all step back and ask this question and be honest about it, yeah."
schraubd.bsky.social
It does not seem to attach the label “far-right” as frequently to conservative Republican politicos—the primary exception being ones who are anti-Israel (Massie, MTG), for whom it can do a “far-left/far-right horseshoe” story.
schraubd.bsky.social
I feel like I’m seeing @jewishinsider.com use the descriptor “far-left” (to describe progressive Democrats) a lot more, to the point where it feels like a conscious and intentional editorial directive.
jewishinsider.com
Unlike other races in which pro-Israel Democrats have been targeted from their left, the matchup between Rep. Steve Cohen and Justin Pearson does not fit neatly in the typical framework for such intraparty contests.
Rep. Steve Cohen draws younger, far-left challenger hostile to Israel in primary
Tennessee’s first Jewish congressman, a progressive Democrat, is facing a well-organized primary challenge from 30-year-old activist Justin Pearson
jewishinsider.com
schraubd.bsky.social
I’m constantly telling my students that good advocacy (to say nothing of good scholarship) entails grappling with the opposing side’s position in its *strongest* form, not its weakest.

Some are receptive, others less so, but it’s definitely not intuitive (which to be fair I get).
schraubd.bsky.social
I’d conjoin that with another sin, which is that, upon encountering counterarguments or alternative points of view, they think dialing up their rhetoric to 11 is a better persuasive strategy than empathic good faith engagement.
schraubd.bsky.social
It’s true that anti-authoritarianism can’t depend on winning every election, but it’s also true that no serious activist is entitled to just sit one out because they aren’t feeling inspired.

At least regular electoral success is a necessary, not sufficient, condition for positive progress.
schraubd.bsky.social
The trick is figuring out how to not let electoral strategy crowd out these other important domains without flipping all the way over to “winning elections doesn’t matter.”
jakemgrumbach.bsky.social
The siren call of electoral strategy and analysis partially crowded out work on things like law, organizational resistance, and protest. I blame myself, too
Reposted by David Schraub
raskin.house.gov
It is extraordinary and heart-rending to see hostages returned to their families in Israel after their two-year ordeal in captivity. It is all so long overdue, and the world prays for sustained peace-building and continued healing in the region.
schraubd.bsky.social
I went to college with Moshe Lavi (Omri Miran’s brother in law and unofficial spokesperson for the hostage families).

I can’t imagine the emotions of this moment.
eladn.bsky.social
Seeing such familiar names now being released seems utterly surreal. Just an incredible moment
Kaitlan Collins
@kaitlancollins • 6m
Omri Miran was one of the seven living hostages just handed over to the Red Cross.
Kaitlan Collins Y
@kaitlancolli... •11h
I first spoke with Moshe Lavi in November 2023, one month after his brother-in-law was kidnapped by Hamas. He told me then how his sister would take their daughters out to look at the stars at night and wish goodnight to dad - something she continued for two years. Omri Miran H
Haaretz
18 minutes ago
Father of hostage Guy Gilboa Dalal: Guy handed over to Red Cross, will be handed over to IDF in 15 minutes
Ilan Dalal, father of Israeli hostage Guy Gilboa Dalal, said that his son "was handed over to the Red Cross, and in fifteen minutes he is expected to be handed over to the IDF, and then he will arrive here."
He added, "This is a dream come true, we are euphoric, very excited and dying to hug him."
schraubd.bsky.social
Remembering one of the greatest playground bball exchanges of my youth. Player A is frustrated B didn’t pass then missed a shot.

A: You didn’t score!
B: Neither did you!
A: But I could have!
B: So why didn’t you?
A: Bc you didn’t pass!
B: Bc I could’ve scored!
A: But you didn’t!
B: Neither did you!
schraubd.bsky.social
Ding ding ding.
schraubd.bsky.social
Every single time this argument comes up it is Mizrahi erasure. Worse -- it's not just forgetting Mizrahi and other MENA Jews exist, it's insisting their very identity is a form of theft. They must choose: they can be Jews, or Middle Eastern, but not both.
schraubd.bsky.social
Look, some people just want to express sweeping hatred for entire national-cultural communities as inherently and incurably diseased/inferior, and that’s what we’re seeing here.
schraubd.bsky.social
If a Nazi posted “I oppose the war in Gaza” and a leftist unwittingly reposted it, “fall for it” would seem apt. Here, though, the Nazi is making an expressly antisemitic argument that happens to be an expressly antisemitic argument many leftists endorse uncritically.
schraubd.bsky.social
“Fall for it” is generous. While I doubt many of the copycats know the Nazi origins, the fact is that along this axis they find Nazi perspectives vis-a-vis Jews appealing and basically agree with it.
schraubd.bsky.social
Gotta reup this thread again I see.
schraubd.bsky.social
Every single time this argument comes up it is Mizrahi erasure. Worse -- it's not just forgetting Mizrahi and other MENA Jews exist, it's insisting their very identity is a form of theft. They must choose: they can be Jews, or Middle Eastern, but not both.
Reposted by David Schraub
profgoldberg.bsky.social
The ongoing insistence that Jews, wherever they are from, have no legitimate connection to the foodways of the PLACES THEY ARE FROM is one of the more disgusting forms of Jew hatred I see on this site.