Friday, December 22, 2023

A "Permanent Ceasefire" is Called a Peace Treaty


Suppose one looks out at the devastation covering the Gaza Strip and thinks "we need an immediate ceasefire".

Nobody should ever fault that instinct. The immense human suffering being endured by Gaza's people should exert a moral pull on anyone who remotely cares about the human dignity of all persons. But, one might be asked, what about the hostages held by Hamas? Shouldn't they also be immediately released? Why should Hamas, in its capacity as the governing entity of the Gaza Strip, be the only beneficiary of a ceasefire that breaks a round of fighting they started?

You're not one of those ghouls who thinks the October 7 attack was justified. You absolutely think the hostages should be immediately released. It seems like a perfectly reasonable pairing: ceasefire in exchange for freeing the hostages.

Except ... you know that Hamas isn't going to release the hostages. And if "ceasefire" is linked to releasing the hostages, then there will be no ceasefire. In fact, Hamas just rejected a ceasefire proposal linked to it releasing 40 more hostages. So even if you think that Hamas is being unreasonable in rejecting this deal, the brute fact remains that tying the hostages to the ceasefire means that the ceasefire isn't going to happen. Which means it will be very tempting for those who think an immediate ceasefire  is the most essential thing to drop the demand; a drop which, in turn, makes it exceedingly unlikely that Israel will agree to a ceasefire.

Here we have the core paradox that afflicts the ceasefire talk: it takes two to ceasefire. Both parties have to agree. And both parties are going to have conditions. But, needless to say, in times of war the prerequisites each party will demand in order to accede to a ceasefire are rather far apart -- they're usually the precise thing being fought over. And that means both parties have veto points that can't be just wished out of existence.

At one level, it would be incredibly easy to get either party to agree to a ceasefire. If Hamas agreed to surrender outright, give up all its weaponry, submit to permanent Israeli dominion, and hand over its leadership for prosecution for the atrocities on October 7, Israel would no doubt end the fighting post haste. And if Israel agreed to dissolve itself as a sovereign entity, ship the "Zionist colonizers back where they came from", and submit to Hamas' suzerainty, I'm reasonably confident Hamas would happily agree to end hostilities.

But of course those conditions aren't going to be accepted. A ceasefire requires an actual deal to be struck, not the fantasized maximalism of one party or the other's most passionate zealots. 

There isn't such thing as a unilateral ceasefire. Check that -- there is, and it's where one party is allowed to strike the other and then cry "ceasefire" upon the ensuing retaliation. The Israeli narrative of what the pro-Palestinian community thinks should have happened vis-a-vis October 7 is (1) Hamas invades Israel, rapes, mutilates, and massacres a thousand people, and takes hundreds of hostages, and then (2) a "ceasefire" goes into effect the moment they leave, preventing Israel from striking back. That's not tenable. There's no such thing as a war where only one side is permitted to show up.

After all, perhaps the most fundamental question behind a ceasefire is "what happens if it is broken?" As Israel partisans like to remind people, there was a ceasefire on October 6, and it was rather suddenly and violently breached. What are the consequences of that action? There has to be something, otherwise "ceasefire" is a semantic nothing. Returning to a state of "ceasefire", where that means Hamas can just continue to launch renewed October 7-style attacks (as they have expressly promised to keep on doing) and Israel just has to accept it, is clearly a non-starter and makes a mockery of the term "ceasefire". But if we say "well, if the ceasefire is broken, then military hostilities can resume", then we're right back to where we are today -- with no ceasefire. We are living through right now "if the ceasefire is broken, then military hostilities can resume".

But suppose you can get around that -- somehow, you achieve some ironclad security guarantees that take military confrontation absolutely off the table. And having prospectively secured that, you say, the important thing now is to just separate the warring parties and have everyone go back to their corners. Israel stops attacking Gaza, Hamas returns Israeli hostages, and as far as possible we just rewind the clock back to October 6 (and just try to ignore all the pointless bloodshed and destruction that we're quite intentionally trying to make utterly meaningless).

Except ... October 6 wasn't exactly a satisfactory place to live. There was still an Israeli blockade on Gaza, still no real recognized Palestinian state, still no real Palestinian recognition of the Jewish state ... October 6 is not good! The Palestinian narrative of what the pro-Israel community thinks should have happened around October 6 is (1) Gaza is besieged forever, with no recognition of Palestinian independence and (2) there is no step two. If a "ceasefire" just freezes the October 6 status quo, that's hardly a good outcome either. The problem with October 6 is that it tends to lead into October 7.

So a durable ceasefire can't just rest upon the declaration "ceasefire!" We need a host of other features -- the aforementioned Israeli security guarantees, instantiation of Palestinian independence, an end to Israel's blockade of Gaza, acknowledgment and recognition of Israel's legitimacy as a Jewish state, and ... oh look, you've just described the contours of a permanent peace treaty.

Which won't be negotiated overnight (for example, if you disagree with any part of the litany I gave in the last paragraph, that underscores the problem). And so if we think we need an immediate ceasefire, that's not going to work for you. Which brings us back to the initial problem. For which I don't have a solution. 

It is evident enough that only some form of negotiated solution will provide durable justice for Israelis and Palestinians. Hamas is not going to massacre its way to dismantling the Zionist regime; Israel is not going to bomb Gaza into passively accepting permanent subjugation. There's no way out but through a deal. Unfortunately, the obvious truth of that fact -- which seems like it should provide an impetus for an immediate ceasefire -- doesn't actually end up having much to do with it. We are not at the end; we remain, still, "somewhere in the horrifying middle".

Image from the music video for "Handlebars," by Flobots

Wednesday, December 20, 2023

Giving Myself an "Atta Boy"

 

Confession time: I'm not much of an exerciser.

I played rec sports as a kid, and while I enjoyed it, I was never serious about it. Same in college -- I enjoyed playing intramural floor hockey, but that was really about it. Once I graduated and the sort of automatic opportunities to play sports went away, I was never someone who wanted to join a pickup basketball game or anything like that. And things like running, or going to the gym? Forget about it. Always found them to be incredibly boring.

But without consciously working out, being a professor is a pretty sedentary lifestyle. As a graduate student things were a little better just because I lived about a mile's walk from campus -- just the right amount to get some steps in without it being too much of a drain. But then the pandemic hit, and nobody saw the sun for a few years. That corresponding to me hitting my mid-30s was not a great combo.

I tried a few things. We bought a "RingFit" for the Switch -- didn't really catch on. I tried doing sit-ups each morning or using a "stepper" machine, but they didn't really take. One problem is that I have recurrent knee and lower-leg problems, which meant that the shock even of jogging very quickly caused terrible pain. So it was in particularly really hard to do any cardio, which is what I really thought I needed but could never fully motivate myself to do in earnest.

But this summer, my wife and I bought a recumbent bike. And I really like it. More importantly, I've stuck with it. I can get genuine cardio without destroying my knees, which is something that had always been my white whale. And after years of never getting past (extremely) sporadic exercise patterns, I've been able to commit to riding the bike almost every day. I'm not smashing any records or anything like that; my goals have been modest -- at first, just trying to go 10 miles in 40 minutes (the length of one Hell's Kitchen episode). More recently, I kicked that up to 11 miles in 40 minutes, and today, for the first time ever, I did 12 miles in 40 minutes. Again, nothing objectively impressive. But it was a big achievement for me, and so I'm very happy about it.

One of my initial ambitions when I started using the bike admittedly was to lose some weight -- not so much for aesthetic reasons, and more that I have a whole closet full of perfectly good pre-pandemic suits that I'd love to fit back into rather than having to buy a new wardrobe. That hasn't really happened -- my weight has stayed remarkably stable, which is less of a disappointment than a source of profound confusion: I don't feel like I'm eating any differently, so it seems to defy physics that I have the same inputs, can add working out six days a week to my daily routine as outputs, and yet not have it have any effect on my body mass. Newton, hold my beer. But I've decided to stop thinking of it as "not losing weight" and start thinking of it as "a heroic holding-of-the-line against the ravages of middle-aged metabolism."

But really, that's all of secondary concern. The fact is that after years of essentially not exercising at all, I have for the past several months been extremely diligent and reliable in exercising most evenings, and I feel really good about that. So I'm giving myself an "atta boy".

What are you atta boying yourself for this year?

Tuesday, December 19, 2023

What the UAW's New Leadership Means for Campus BDS


The United Auto Workers (UAW), fresh off their huge contract win with the "Big Three" automakers following their strike, have joined a petition calling for a ceasefire in Gaza (the petition also expressly calls for the immediate release of Israeli hostages). They are (I believe) the largest union to sign on to the statement as a full union (as opposed to via individual locals).

I think Spencer Ackerman might be a little ... optimistic (from his vantage) about what this augurs for the UAW going forward (h/t: LGM). Still, at one level, endorsing this petition is very much in line with the UAW's new, more aggressively progressive leadership. And at another level, I hardly expect the UAW to go full BDS or anything like that (as Ackerman notes, a pretty sizeable chunk of the UAW's workers are Trump-voting "economic nationalists", which may or may not put a brake on the union as a whole going too lefty on foreign policy or anything else). Ceasefire + return of the hostages is a far cry from the hyper-left politics many fantasize about the union vanguarding on Israel and Palestine.

But I'm just going to quickly flag a sideline here that's of interest to me. For obscure reasons, the UAW is the union that represents graduate students at the University of California (though strangely enough, people always gave me odd looks when I called myself "an autoworker"). My recollection from my time back at Berkeley is that the UAW national office intervened to put some brakes on BDS activity by the graduate student local when the latter got a little too frisky on the subject. But that was under the old regime. And again, while I don't expect the UAW as a whole to suddenly endorse BDS, it would not surprise me if the new leadership took a more laissez-faire attitude to what their locals did on the question -- including their grad student locals.

Just something to keep in mind.

UPDATE: For example, the Association for Legal Aid Attorneys (a union for public defenders), which is also under the UAW umbrella, just passed a resolution which not only call for an immediate ceasefire but also endorses full BDS and a Palestinian right of return while not mentioning the Israeli hostages at all (indeed, it only gives one very passing passive-voiced mention to "the violent tragedy on October 7, 2023").

Endless Stunt Investigations is All the House GOP Has Done, Because It's All They Can Agree Upon

Back in January, I registered a prediction that the only thing the new House GOP majority would do with its newfound power would be launch endless stunt investigations into the Biden administration because they literally can't agree on anything else.

That's the shot, here's the chaser.



That chart is obviously a bit misleading in presentation, but the ultimate payoff is still right: this House has been historically unproductive in actually enacting laws. Unsurprising, given that the governing party is a completely dysfunctional mess. The only thing they can do is authorize blatant fishing expedition impeachment inquiries literally justified by the fact that they haven't actually found any evidence of an impeachable offense yet.

How embarrassing for them. But how heartening for my predictive capabilities! (nb: this was actually an incredibly easy prediction to make).

Monday, December 18, 2023

Gone Fishin'


I just returned from the Association for Jewish Studies' annual conference, which I very much enjoyed (though unfortunately I had to bail early).

A thought I had while I was there -- and in retrospect, I maybe should have asked fellow attendees -- relates to the relationship of Jewish identity and anti-Israel sentiment amongst left-of-center Jews. Basically, my hypothesis is that this relationship looks like a fish hook: anti-Israel sentiment is highest amongst Jews who are least connected to their Jewish identity, drops as one moves to those with some connection, but then goes up again (albeit not as extensively) amongst those who feel very strongly connected to their Jewish identity.

Some of this is anecdotal. Certainly, the sense that persons who lack substantial connection to their Jewish identity tend to hold Israel in the lowest regard is well-known. But one also cannot ignore the growing Israel-critical sentiments amongst persons whose Jewish identity is clearly central to their personal and professional lives. The absolute panic one is seeing in some quarters claiming that "Jewish Studies" has become an anti-Israel hot house, though wildly overstated quantitatively, is certainly testament that there's some phenomenon at work here.

Here's my theoretical model. Israel, and connection to it, is descriptively speaking an important part of Jewish life even in the diaspora. Disassociating from it therefore comes at a cost for people connected to the Jewish community. For Jews who have relatively little in the way of connection to their Jewish identity, this cost is functionally absent -- they weren't especially linked to the broader Jewish community to begin with, so they aren't really losing anything by dropping this aspect of Jewish identity. For Jews whose Jewish identity is comparatively stronger, by contrast, the sacrifice is real and is substantial, and indeed may be overwhelming for persons whose connections to organized Jewish life are modest. If one does care about one's Jewish identity but does not overflow with avenues for expressing it, losing even one prominent modality of connection to Jewish peoplehood may swamp everything else. But as we move to the most-connected Jews, their Jewish identity is rich and secure enough that they can afford to jettison individual elements that are not working for them. They have plenty of ways of being Jewish that can replace affinity for or connection to Israel.

I offer this hypothesis purely descriptively -- I'm not saying any Jew of any level of connection to their Jewish identity is behaving "rightly" or "wrongly" in associating or not with Israel to any particular degree. And so mostly, I'm curious if the hypothesis has descriptive accuracy to it. I know the general data suggests that degree of connectivity to Judaism is negatively associated with anti-Israel sentiment, so I'm really curious if its a pure downward slide or if there is that "fish hook" bump at the right edge of the graph.

Saturday, December 16, 2023

See No IDF Evil


I'm in the throes of grading and I'm traveling for most of the period from now through New Year's. But I did want to quickly (for me; it's all relative) speak a bit about the way the American Jewish community is adopting a "see no evil" approach to IDF activities in the Gaza Strip (and beyond).

There are plenty of reports of IDF soldiers targeting non-belligerents. The Latin Patriarchate of Jerusalem just accused IDF snipers of killing two women sheltering in a convent "in cold blood". Reuters claims IDF tank fire deliberately targeted its journalists in circumstances where there were no nearby belligerents. MSF likewise claims Israeli forces deliberately targeted its medical personnel (I remember this one because MSF initially did not accuse any particular party of responsibility, which gives credence to the notion that it was not reflexively lobbing out an allegation but rather actually engaged in some measure of investigation). One could go on.

One thing that often isn't part of these conversations is the catastrophically high levels of overt racism that exist towards Arabs in the young (which is to say, military-age) Israeli population. If roughly a third of population from which Israel is drawing its soldiers endorses things like "stripping Arab Israelis of their citizenship" and otherwise endorsing hate against Arabs, it would be stunning if we didn't see significant instances of at the very least indifference towards protecting Arab civilian life, if not outright infliction of war crimes. That'd be true in all circumstances, but particularly in the context of this conflict and the brutal Hamas massacre that precipitated it. Meanwhile, David Ignatius reports what many have seen, which is that soldiers drawn from the more radical parts of the settlement project basically view their IDF service and their status a price tag raiders as more-or-less interchangeable. Given all that, the denialism that IDF forces likely are in a non-trivial number of cases either deliberately attacking protected persons, or at the very least not paying due heed to Palestinian life is absolutely incredible.

One place one "pro-Israel" American Jews could retreat to would be to concede abuses may be occurring, but say that they (a) are not policy and (b) should be investigated and punished as appropriate. The first part is likely true (or true-ish; whether the rules of engagement are properly respecting the legal boundaries about proportionality and distinction is an open question). The second part causes problems. Even before the current conflict, it was increasingly apparent that potential war crimes that occur in the midst of combat operations will never be significantly investigated or punished by the Israeli government. Just convicting and then commuting the sentence of Elor Azaria almost ripped the country apart; the current government is full of zealots one whose general approach to vigilante Jewish violence targeting Arabs is to propose giving the perpetrators medals. Nobody actually expects significant or serious Israeli investigations into alleged war crimes committed by its soldiers.

But accepting that IDF soldiers likely are, in non-trivial numbers of cases, engaging in criminal conduct towards Palestinians during combat operations would put into stark relief the paucity of actual investigation and punishment, at which point it'd be virtually impossible to defend the Israeli government's conduct. Far easier to take advantage of the fog of war to cover one's eyes to the primary instances of abuse. That such denialism relies on almost impossibly optimistic presuppositions about the IDF's professionalism and its putative status -- more of a slogan than an empirically-testable proposition -- as "the most moral army in the world" is besides the point.

Tuesday, December 12, 2023

The Day After Hamas


The New York Times reports increasing "daylight" (to use an old term) between President Biden and Netanyahu regarding what the aftermath of the Gaza campaign will look like -- specifically, regarding the role that the Palestinian Authority might have in governing Gaza once (knock on wood) Hamas is defeated. 

Paul Campos thinks this is reflective of the worries regarding "the administration’s up until now very muted response to the siege of Gaza, and the gathering human rights and public health catastrophe that it represents." I'm not sure that's quite right, though it's perhaps lurking in the background. The more prominent instinct, I think, is that Biden fundamentally agrees with Israel regarding the merits and necessity of destroying Hamas, but fundamentally disagrees with Bibi regarding "the day after". The more "the day after" becomes salient in our minds and we start thinking not in terms of the war's prosecution but its aftermath, the more we're going to see latent but always-present disagreements between Bibi and Biden come to a fore. One sees this dynamic particularly in how Biden relates his response to Bibi's claim that the allies "carpet bombed Germany" -- "I said, 'Yeah, that’s why all these institutions were set up after World War II, to see to it that it didn’t happen again.'" The former point is about prosecution of the war, the latter point is about how we handled the aftermath.

For Biden, destroying Hamas has to be followed by aggressive state-building efforts meant to provide a real future (economically, socially, and politically) for the Palestinian people. The allusion to the Marshall Plan after World War II is clearly part of this, and other relevant players are also insisting that any plans for rebuilding Gaza credibly commit to a realistic pathway for Palestinian statehood. For Bibi -- well, I really have no idea what Bibi's "day after" plan is. I don't think he actually wants to fully reoccupy Gaza; but he also doesn't want the PA involved; or international involvement; and certainly Hamas is out the question; so ... where are we left? He seems much more interested in what he'll say "no" to than what he can plausibly say "yes" to, because at this stage in the game reality has become Bibi's unconquerable enemy. And Biden, in turn, isn't going to have a lot of patience for Israel post-war simply refusing to let Gaza rebuild itself or have any sort of self-governance structure whatsoever just because Bibi can no longer square the circle of "no formal occupation" and "no Palestinian independence" by building a castle around Gaza and then never thinking about it again..

Even if one accepts that Israel is pot committed to destroying Hamas, that doesn't obviate but rather accentuates the need to have a serious answer to the "day after" question. Anyone remotely serious figure understands that the war in Gaza is the middle of the story, not the end, which makes it unsurprising that Bibi wants to treat it as an end and just close his eyes to what happens in the aftermath. Biden is a more serious person, and so he's actually contemplating these questions. 

Monday, December 11, 2023

Texas' Great Abortion Compromise


The GOP's "compromise" position on abortion has always been clear.

(a) It will include in its categorical abortion bans exceptions for threats to the life or health of the mother; and in exchange

(b) It will threaten to jail any woman or doctor who dares try to use those exceptions.

Compromise!

The Texas Supreme Court has vacated a lower court ruling that enjoined the state from prosecuting a doctor who was set to give a woman a medically-necessary abortion. Even when the injunction was in place, state Attorney General Ken Paxton threatened to prosecute any doctor or hospital which abided by its terms and provided the procedure. And that threat remains on the table for future persons in this position (the plaintiff in this case, Kate Cox, has subsequently fled the state of Texas to receive the emergency care she needed. One presumes that the instant she returns, the bounty hunters licensed by Texas' ghoulish "pro-life" inquisitors will be hounding her).

Cox had a nonviable pregnancy -- her fetus had been diagnosed with trisomy 18, a fatal chromosomal condition -- and she had already faced severe health complications that repeatedly sent her to the hospital. Her doctors accordingly concluded that continuing the pregnancy would threaten her health and future fertility. But the state of Texas swung into action to do everything it could to ensure that she could not get the medical care she needed, insisting that Kate Cox's continued mortal peril was a legal obligation, and woe befall anyone who dared try to rescue her from it.

The Texas Supreme Court's opinion is a sterling encapsulation of the "compromise" laid out above. Over and over again, it asserts (in what would be comic if it weren't so dire) that decisions regarding whether an abortion is medically necessary are to be made by doctors, not judges. Doctors, not judges; doctors, not judges; doctors, not judges. And the court purports to confirm that doctors need not attain a pre-procedure judicial injunction before they perform a medically-necessary abortion; nor must they wait until death is "imminent" before performing the procedure.

So why are we here? Well, because after repeating "doctors, not judges" for the umpteenth time, the Court says "buuuuuut the doctor needs more than a good faith assessment, his or her judgment has to be 'objectively reasonable.'" And who decides that? It will be judges, after the fact! And what are the markers of "objectively reasonable" in this context? The court throws up its hands -- your guess is as good as mine! Except it isn't, because if you guess wrong, Ken Paxton has a prison cell waiting for you!

The way the "compromise" works out is that Republicans earnestly promise in theory all the exceptions and carveouts that make an abortion ban regime even remotely compatible with respecting women as humans, then do absolutely everything they can to make all of those provisions completely inaccessible in practice. Here the Texas Supreme Court makes three such promises: the decision regarding "medically-necessary" is one for doctors, not judges; the decision does not require advanced authorization by a judge; and the decision does not have to wait until the patient is bleeding out on the operating table. Each of these is less than "reasonable", they are the absolutely bare sub-minimum Texas women should be entitled to. And all three of them are lies.

The reason why Kate Cox and her doctors went to court is because they had absolutely no way of knowing if their judgment about the medically-necessary character of this abortion would be respected by the state of Texas, and if they guessed wrong, they were facing serious criminal penalties. So they needed a judge to confirm they were in the statutory safe harbor. The Texas Supreme Court's response was to say "try it and see" -- knowing full well that the entire problem is that doctors will be too terrified to try with the Sword of Damocles hanging over their head. In those circumstances, of course doctors will be hesitant to move until the case for a health-exception is rock-solid, not from their own "judgment", but in terms of whatever firebrand yahoo anti-women extremist is gazing over their shoulders from the Attorney General's office. And that's going to mean wanting to wait until one has formal judicial approval; or wait until the patient is bleeding out on the table. The promises are lies, and they are meant to be lies. The reality is exactly as ghoulish and inhuman in its cavalier indifference to women's life and health as it has always been presented, and that's fully intentional.

There is one little bit of the Court's opinion I will defend. At the outset, the Court characterizes the Texas laws at issue, which effectively ban abortion in all cases and in this case effectively compelled a woman to carry a non-viable, life-threatening pregnancy to term in the face of excruciating agony and serious medical danger, as "reflect[ing] the policy choice that the Legislature has made." That they did. Texas has made a policy choice that women, in their capacity as vessels, have essentially no rights over their bodies even in the face of excruciating pain, unfathomable injury, or devastating risk. There should be no pretending that it was doing anything different; no illusion that outcomes like this are not exactly what Texas hoped would happen when it enacted its law. 

The point of Texas' law was to ensure that women would be placed in mortal peril and then left at the arbitrary mercy of the state to determine whether their lives would be preserved, and to that extent the Texas Supreme Court was doing nothing more here than faithfully enforcing the will of the Texas legislature. The United States Supreme Court has decreed that, after fifty years where women were acknowledged as human, the judiciary must respect that "policy choice". There remain many avenues through which that choice still can be resisted. But the very least, we can accurately name what that choice is: a choice to endanger women and to make it functionally illegal to give them desperately-needed medical care. What Kate Cox went through is what local and national Republicans hope and demand women around the country should be subjected to, over and over and over again.

Saturday, December 09, 2023

Bad Faith Grandstanding on Campus Free Speech is Rewarded

The President of the University of Pennsylvania, Elizabeth Magill, has resigned in the wake of her testimony before Congress about university responses to campus antisemitism.

This is terrible news. To be sure, I don't think Magill is obligated to stay in a position where she feels she either can't be effective or can't function; she has no obligation to stick things out in what I can only imagine is right now an impossibly toxic atmosphere. But still, Magill deserved better; she said absolutely nothing wrong in her testimony. Yet the bad faith grandstanding of the likes of Elise Stefanik -- an antisemitic conspiracy-mongerer in her own right -- has claimed a high-profile victim.

I published my post Thursday before reading Ken White's more colorful response to those smearing Magill, but I endorse it in full. There have definitely been other prominent free speech advocates who have taken the right line here, including Eugene Volokh and David Lat

But others are not rising to the moment. I flagged in my last post Keith Whittington for wrongly and misleadingly making Magill rather than Stefanik into his standard-bearer for greater campus restrictions on speech -- even if we think Magill was wrong to begin bending to Stefanik's threats, it's evident that Magill did not originate them. To the contrary, the backlash against Magill -- which Whittington tacitly tried to latch on to -- was and is entirely about her perceived unwillingness to bend sufficiently on protecting free speech. Anyone who was joining the dunk party on Magill was, implicitly or explicitly, endorsing the very unambiguous politics of free speech censorship that Stefanik was explicitly promoting. I can't top Ken White here: "You — and I say this with love — absolute fucking dupes."

Now that Magill has resigned, here is how Whittington reacted to the news:


It's hard to imagine missing the point by a wider margin than this. Whittington's worried that Magill's resignation will be "construed" as a "mandate to shrink the space for free speech" and to "cater to the sensitivities and political preferences of donors and politicians"? Yeah, no kidding -- it will absolutely be "construed" as doing both of those things because that's exactly what prompted it. The lesson that was meant to be sent and which will be learned is "shrink the space for speech when politicians and donors demand that you do so." There's no ambiguity here; that's the entirety of what happened. Anyone who didn't want that to happen should have come out firing in defense of Magill and in opposition to the roiling censorial mob that Stefanik effectively incited.

Magill felt compelled to resign because she publicly articulated -- in the most hostile room imaginable -- the free speech values that Whittington claims are essential. That's it. And that Whittington still cannot name the actual enemy here -- cannot state clearly that Magill got it right, is being punished for getting it right, and it is rabble-rousing Republican demagogues who showed their whole face in terms of demanding censorship under the guise of protecting Jewish students -- is shameful.

I'm also not feeling especially patient towards some of the other common lines I've heard that try to rationalize why it's okay to blame Magill as having done something wrong. One common response I've seen is to say that the witnesses were poorly prepped for the particular environment of a congressional hearing; with better preparation, they could have avoided the "traps" laid out in front of them. I'm doubtful: I think it is the hubris of very smart people in particular that think they can go into a demagogue's home turf, where they're entirely in control of the proceedings, can control the flow of questioning, can reclaim time whenever they want, and outmaneuver their "traps". It's the same hubris that makes liberals think they can go on Fox News and "outdebate Hannity". No you can't, and it's not because Hannity is some secret genius. It's that he has the home field advantage -- he knows how to play this particular game better than you, precisely because it's a "game" that does not in any way reward intellectual honesty or virtuosity.

A similar argument is that, while the responses of Magill et al may have been formally, legally, correct, they were inappropriate in this context -- their role was not to be lawyers but public advocates for their university, and their sin was misapprehending what was called for from their position in this context. My former colleague at Berkeley Steven Davidoff Solomon, for example, described the university presidents as "prepared to give answers in the court — and not a public forum,” and that was their undoing: their job here is “not to give legal answers, it’s to give the vision of the university."

Once again, I'll cry foul. Yes, there are many situations where a technically correct answer nonetheless can be a bad answer because it skirts some larger truth or is inattentive to important surrounding context, which a good answer would pay heed to. But this argument only works if the problems with the "technically correct" answer are not the facts which make it correct. The people who are mad at Magill are not mad based on something like "yes, maybe it's technically true that there are some circumstances where 'calls to genocide' are protected from formal sanction, but it's more important right now to emphasize how heinous those calls are even if they always be literally punished." The thing they're mad about is the thing that Magill said which was true: there are some circumstances where even 'calls to genocide' -- and we're not even getting into Stefanik's attempt to frame the at the least more ambiguous case of 'intifada' chants as a "call to genocide" -- are protecting from formal punishment. As Howard Wasserman wrote:

Magill, Gay, and Kornbluth did not fail to denounce calls for genocide as antisemitic. No one asked whether calls for genocide or "river to sea" are antisemitic; Stefanik asked whether those statements constitute protected speech and they gave the correct answer of "it depends on context," because it does. In fact, they did at points condemn the message, just without expressing intent to sanction the speech where it remained protected.

Put differently, it's fine to say that in some cases a "technically correct answer" isn't good enough, but only if your proposed alternative is not to demand the speaker be overtly and substantively incorrect.

The last thing I'll say is that I'm not generally interested in point-tallying of the "this is the real cancel culture" variety. Free speech, as I've often said, has mostly fair-weather friends, and no camp has covered itself in glory across the board. What I will say though is that no matter how one tallies the overall scoreboard, this absolutely is an incident where the forces of censorship won and those demanding respect for free speech principles lost. The next time we face an incident where some controversial right-winger comes to campus, it will be a lot harder to persuasively lecture our students that as hateful and heinous as this figure may be, this is the demand of free speech protections etc. etc. etc., because they will have seen in vivid detail just how easily those principles can be forced to bend. 

Maybe you think that's a good thing. I still think it isn't. And at the very least, the practical shakeout of who will in practice see their speech censored and who in practice will be able to access administrative protections remains to be seen. I have zero confidence that this will either find a stable and accepted equilibrium or ultimately redound to the benefit of young Jews enduring antisemitism on campus.

Thursday, December 07, 2023

Hebrew Letters in Portland


Earlier today, I was chatting with a friend on the subject of whether we felt "afraid" as Jews. I said that I didn't personally feel especially "afraid" as a Jew, but that I acknowledged that others in my circle (students, colleagues) were articulating different experiences from mine, and that I didn't want my own relative lack of fear to imply that their experience was inauthentic, concocted, or an overreaction.

A few hours after that exchange, Jill asked if I wanted to go out and get donuts for Chanukah. I looked down and saw I was wearing that shirt -- the one that says "Carleton College" in transliterated Hebrew letters. And before I left the house, I changed shirts. While it's not that I was sure something bad would happen if I went out in public wearing Hebrew letters, I felt in no uncertain terms that it was unwise -- a risk not worth taking -- and that if I did wear it I'd certainly feel anxious from the moment we stepped into the car until the moment I got home.

What changed? Obviously, nothing -- there was no event over the interceding two hours that precipitated fear in me that I lacked before. The sense that wearing that t-shirt outside might be an Unwise Idea was already latent inside me (there's a reason why the "Hebrew Letters in ...." post is an ongoing series) -- I just sort of ... forgot about it. The fear was simultaneously always present and yet so sublimated that even in this moment I could earnestly assert in perfect good faith that I wasn't feeling it.

I'm reminded of a phenomenon Albert Memmi wrote about where Jews who experience antisemitism often simultaneously say things like "this is the first time I've ever truly faced antisemitism" and then, if you press a half-inch on the matter, will kind of belatedly remember a dozen prior instances where they also faced antisemitism. As much as there is, in some circles, pressure on Jews to trumpet our vulnerability and insist that everyone Acknowledge Our Peril, there's also, in a different register, a ton of pressure on Jews to downplay antisemitism, to show that we're not one of Those Jews who jumps at every shadow, to not make a big deal and agree to lump it on the small stuff (this dichotomy is, too, one that I think is very much one that is experienced not just by Jews but by many minority group members).

But still, I'm not sure what to make of all of this. What does it mean that I said -- again, perfectly earnestly, not as an exercise of bravado -- that I didn't feel significant "fear" right now as a Jew in a moment where at some level I knew full well I didn't feel comfortable being visibly Jewish in public? Perhaps my understanding of what it meant to be "afraid" as a Jew was one that envisioned something more visceral and panicked -- feeling as if any second now someone would jump me, terrified that we're an instant away from a mob demanding the evil Jew be removed from campus. The more workaday experiences of not feeling comfortable wearing a Hebrew t-shirt, or idly wondering (as I sometimes do) "what would happen if someone graffiti-ed my house with a swastika" -- that I've just internalized as a baseline state of being, it surely is not serious enough to qualify as being afraid. That seems a problematic thought -- the idea that as Jews we've just so thoroughly normalized a level of anxiety over antisemitism as the default setting that it feels wrong to even identify it as "fear". But clearly there's something to it -- recall my posts on how "schoolchildren shouldn't have to live like Jews", which also relates to how Jews just accept as normal certain orientations towards threat and danger that objectively speaking should be seen as intolerable.

Nonetheless, when I say I'm not sure what to make of all of this -- I mean it. I'm not fully convinced that the "right" answer is that actually, I am afraid as a Jew and I should embrace that sensation. Just the other day I was talking about how, in contrast to the zeitgeist, I haven't felt like my personal social media feed (Facebook and the like) has been overrun with extremists or monsters either cheering dead Israelis or gushing over dead Palestinians. There've been a few, but not all that many in the scheme of things. "What am I doing wrong?", I joked. "Am I being shadowbanned from all the bad content? Or am I just that good at picking friends?" But the point is that in the main the notion that my status as a Jew right now is defined by fear and alienation just doesn't resonate with me. I respect that it does for others, but it isn't how I'd generally characterize my experience, and I don't like the thought of being conscripted into endorsing an affective state that doesn't actually resonate with me.

But then again, I still took the shirt off. So am I just self-deluding? Or is there some middle ground? I don't have a good answer.

Bad Faith Grandstanding on Campus Free Speech Shouldn't Be Rewarded


Many of you have seen the fallout over recent congressional testimony about antisemitism on college campuses, featuring the presidents of MIT, Penn, and Harvard. A particularly high-profile exchange came from Rep. Elise Stefanik (R-NY), demanding to know if calling for "genocide" of Jews violated these university's conduct policies. 

The context of this questioning was the use of "intifada" in campus protests, which Stefanik suggested should be viewed as "genocidal". Right from the start, that should give us pause -- the ambiguity of "intifada" being conflated into "genocide" on its own gives ample reason for the university presidents to demur over committing to formal penalties. And certainly, in a world where its increasingly common to claim that Israel is pursuing a policy of genocide towards Palestinians, Jewish leaders should think long and hard about whether they really want to institute a rule that speech "advocating genocide" can be banned from campus. As Justice Black put it in his Beauharnais dissent, warning minority groups about the "victory" of securing a ban on hate speech: "Another such victory and I am undone."

Nonetheless, I've seen many people praising Stefanik for her "hard questioning", and dismissing the university presidents' responses as "dodges" or missteps. As grandstanding, I might concede that Stefanik was effective. But on substance, she was dead wrong, and the university presidents got it right. What we had here was a textbook example of an effective demagogue putting her targets in an impossible situation, and resolutely refusing to allow them to give a "good" answer, and I'm annoyed that this is being viewed as anything other than the bad faith rabble-rousing that it is.

Jon Chait has an excellent piece on this that strikes exactly the right notes. Here's his reprint of the relevant exchange between Stefanik and UPenn President Elizabeth Magill.

STEFANIK: Ms. Magill, at Penn, does calling for the genocide of Jews violate Penn’s rules or code of conduct? Yes or no?

MAGILL: If the speech turns into conduct, it can be harassment. Yes.

STEFANIK: I am asking, specifically calling for the genocide of Jews, does that constitute bullying or harassment?

MAGILL: If it is directed and severe, pervasive, it is harassment.

STEFANIK: So the answer is yes.

MAGILL: It is a context-dependent decision, congresswoman.

STEFANIK: So calling for the genocide of Jews is, depending upon the context, that is not bullying or harassment. This is the easiest question to answer. Yes, Ms. Magill. So is your testimony that you will not answer yes? Yes or no?

MAGILL: If the speech becomes conduct. It can be harassment, yes.

STEFANIK: Conduct meaning committing the act of genocide. The speech is not harassment. This is unacceptable. Ms. Magill, I’m gonna give you one more opportunity for the world to see your answer. Does calling for the genocide of Jews violate Penn’s code of conduct when it comes to bullying and harassment? Yes or no?

MAGILL: It can be harassment.

This has been treated as Magill being evasive and Stefanik trying to nail her down. But in reality, everything Magill is saying is exactly correct. What she said is pretty similar to how I would've responded to my own students if they asked what the rules were surrounding such speech in a campus environment, and I resent the notion that giving an accurate answer to that question should be characterized as a faux pas. 

The truth is that even hateful speech -- and a call to genocide certainly qualifies as one -- is not the subject of proscription on university campuses. This is not some rule that was just made up when Jews got antsy; it was the same principle that demanded UC-Berkeley permit an unabashed racist like Milo speak on campus and insisted that avowed White supremacist Richard Spencer be allowed to give talks at campuses nationwide. Antisemitic speech is antisemitic, but when it is just speech and not conduct, it is still protected by principles of free speech. In her testimony Magill held the line admirably, and now she's being pilloried for it.

This is why I'm actually a bit annoyed at this Chronicle article by Keith Whittington, speaking as founding chair of the Academic Committee of the Academic Freedom Alliance. Whittington presents a choice looming for college campuses on speech, between holding fast to free speech principles versus seeking to restrict speech on basis of content in the name of "safety". The former position (which is also Whittington's) he associates with Stanford Law Dean Jenny Martinez, and how she handled the aftermath of the anti-Kyle Duncan protests on her campus. The latter position he ties to Magill:

A quite different path is suggested by the University of Pennsylvania’s president, M. Elizabeth Magill. Magill has come under particularly intense pressure to address perceived antisemitism on her campus. In her testimony to the congressional committee, she emphasized that “Penn’s approach to protest is guided by the U.S. Constitution” and gives “broad protection to free expression — even expression that is offensive.” But when confronted with questions about whether calls for genocide violated university policy, Magill and her fellow presidents stumbled in their replies. As a result, Magill released a short video. There she repeated that “Penn’s policies have been guided by the Constitution,” but she added that “in today’s world … these policies need to be clarified and evaluated.” She promised a “serious and careful look at our policies” with an eye to ensuring a “safe, secure, and supportive environment.” She will, she promised, “get this right.”

Magill’s implication is clear: The university’s policies need to be revised so that they do not so closely follow the Constitution; they should instead prioritize students’ sense of safety. Protections for free expression and perhaps even academic freedom might well be pared back in the process.

Here's why I'm mad about this. It's true that Magill has backtracked on the commitment to absolutist free speech protections in the wake of the fallout over her testimony, and that's unfortunate. But Whittington's framing implies that Magill from the outset was hesitant to forthrightly defend the free speech rights of "offensive" speakers on campus, and now has gotten even worse. That's the opposite of what happened: Magill in her testimony said exactly what Whittington thinks she should have said -- and she's getting hammered for it. Contra Whittington, she did not "stumble" during the testimony itself -- or if she did, it's only from the vantage of those who take Stefanik's view that it is a misstep not to endorse paring back academic freedom and free expression in deference to students' sense of safety. 

For those who adopt Whittington's view on free speech, Magill's congressional testimony was not a "stumble" but a clear articulation of the proper position of the university. Whittington accordingly should have had her back; he should have said explicitly that the university presidents got it right in their congressional testimony and the backlash they're enduring for it is the real threat to free speech. Instead, he hung her out to dry as she takes the brunt of public heat for the position Whittington purportedly wants to see more university presidents defend. What do we expect will be the result of this? Unfairness to Magill aside, what does Whittington expect will happen -- what incentives are university administrators given -- when they see that putative "free speech" allies won't give them credit for saying the right thing on campus free speech rules. It's hardly a shocker that Magill is yielding in the face of overwhelming public backlash if even her "allies" refuse to back her up. As De Tallyrand put it, "it's worse than a crime, it's a blunder."

At the very least, Magill does not deserve to be the namesake of the censorial impulse. That dubious honor should have been attached to Stefanik (who isn't even named in Whittington's piece). As Chait writes:

What Stefanik was demanding was the wholesale ban on rhetoric and ideas that Jews find threatening, regardless of context. A university should protect students from being mobbed or having their classes occupied and disrupted. But should it protect them from an op-ed in the student newspaper calling to globalize the intifada? Or a demonstration in an open space demanding “From the river to the sea”? That would entail wholesale violations of free speech, which, in addition to the moral problem it would create, would likely backfire by making pro-Palestinian activism a kind of forbidden rebellion rather than (as many students currently find it) an irritant.

The presidents’ efforts to deflect every question about genocide of the Jews into a legalistic distinction between speech and conduct may have sounded grating, and Stefanik’s indignant replies may have sounded like moral clarity. But on the whole, they were right to focus on the distinction between speech and conduct, and Stefanik was wrong to sneer at it.

It may be unfortunate that, after the fact, Magill is bending on this important point. But as disappointing as that failing is, she isn't the originator of the threat. The actual villains of the story are the likes of Stefanik -- they're the ones proactively, not reactively, demanding that university's sacrifice free speech protections in service of student safety. If we can't name that wrongdoing; if we can't push past misbegotten awe at Stefanik's accomplishments in demagoguery, then the situation is going to get worse far before it gets better.

Wednesday, December 06, 2023

The Fantasy of Fighting Antisemitism Without Jews


A few years ago, I lamented the way in which popular discourse about antisemitism seems utterly impervious to what most Jews actually want to talk about. That sense has only grown in recent years, and it's certainly come to a fore over the past few weeks. Rep. Max Miller (R-OH) and David Kustoff (R-TN)'s recent House resolution against antisemitism that, among other things, "clearly and firmly states that anti-Zionism is antisemitism," is part of this trend -- it got the support of a majority of the House's Jews, but barely, and with palpable discomfort. At the very least, it seems evident that this resolution is not the one that would have been written if the resolution was driven by a consensus effort of the House's Jewish caucus. Were the Jewish House caucus as a whole taking the lead in articulating what antisemitism is right now, the resulting resolution almost certainly would have looked quite different.

But of course, Jewish discomfort doesn't matter when the goal isn't actually to help Jews. Certainly, this has been the campus trend. From UC-Berkeley to Michigan, interventions meant to "support" collegiate Jews from antisemitism display a brazen, almost taunting, disdain for the actually Jews going to school there. Do Michigan Jews think the "Canary Mission" is helping improve the campus climate? Who cares! Is a massive Hitler-displaying billboard truck across from the law school desired by Berkeley's Jewish students? Doesn't matter!

Through all of this, one gets the distinct sense that many self-anointed warriors against antisemitism view the actual Jewish community as a sort of inconvenient speedbump they'd rather avoid. For conservatives, it is equal parts infuriating and annoying how Jews regularly expressing criticism of the Netayanhu government and its illiberal militarism keep on ruining their well-crafted talking points about how if you don't think Israel should "bounce the rubble" in Gaza, you're a Hamas apologist; or how Jews insisting on including the rampant Soros-conspiracy mongering that gets synagogues shot up in Pittsburgh disturbs the notion that antisemitism in America starts and ends at the Squad. How nice it would be, for the right, if they could fight antisemitism without those pesky Jews getting in the way!

But, as always, there's also a left-wing version of this. Dave Zirin in the Nation, responding to the Miller/Kustoff resolution, states that the fight against antisemitism -- far from declaring that anti-Zionism is antisemitism -- must instead unequivocally state that Zionism is a form of racism and colonialism. "What Jews need," Zirin argues, "is a mass left resistance to antisemitism, and that resistance also needs to be against Zionism."

Once again, the pleasant ideological concordance envisioned by this passage is ruined by the harsh reality of the Jewish community's actual constitution. Almost half the world's Jewish population lives in Israel, and most of the diaspora retains significant measures of connection and affinity towards it -- by no means unwavering or uncritical support, but not blithe dismissal of Israel as a "150-year-old colonial project" either. Most Jews, to some extent or another, still see the project of Jewish self-determination in Israel as a conceptually valid one, regardless of their opposition to the increasingly right-wing and authoritarian practices of the Israeli government. I can't imagine that Zirin is unaware of this view or its prevalence, and one would think its too obvious to need saying to point out that a "mass left resistance to antisemitism" which is centered around the notion that most Jews are either racist colonizers or apologists for it is not going to be effective. But again, here we are. Here too, actual Jews annoyingly get in the way of protecting the Jews. How obnoxious of us.

Now clearly, when I say that there is a fantasy of "fighting antisemitism without Jews", it overstates the case. Miller and Kustoff, who authored the House antisemitism resolution, are both Jewish; Zirin, who wrote the Nation article, is as well. It's not the case that Jews aren't present at all. But it is the case that, in either case, the discourse around antisemitism that is being promoted is one that seems studiously indifferent to where the Jewish community as a whole places itself or what it actually seems to desire. The reality is that both the left and the right are going to have to make adjustments if they're interested in their fight against antisemitism actually bringing along the Jewish community as it is currently constituted. 

The right is going to have to accept that the American Jewish community is, by and large, a liberal one, that it is not desirous of or enamored by all-in rah-rah Israeli maximalism, that it shares deep concerns with the current conduct of the Israeli government's treatment of Palestinians (among other issues), and of course that our worries about antisemitism are not exhausted by Israel-related agenda items but very much include right-wing initiatives, rantings, and policies -- from abortion bans to Christian takeover of public institutions to "great replacement" conspiracy theories -- that threaten Jewish equality in a real and tangible way.

But the left is also going to have to come to terms with the fact that Jewish ties to Israel are real, authentic, and not simply some sort of warped indulgence in white privilege, that acknowledging the reality of these ties cannot be dismissed as a fallacious "conflation" of Judaism and Zionism, that we're entitled to be protected from antisemitism even if we do hold these ties and cherish those connections, and that Jews -- even those who have extremely sharp criticisms of Israeli policies -- overwhelmingly think that Israel's existence as a Jewish state is important and needs preserving.

In concept, I don't think any of these "adjustments" are unreasonable or should be difficult to manage. In practice, well, in practice people -- Jewish and not -- have long since learned that there is little cost to leaving the bulk of Jews out of the discourse against antisemitism. So people still can live in their fantasy world, organizing a struggle against antisemitism without paying much mind to what the broader Jewish community wants, needs, or thinks. If the goal is to actually fight antisemitism, this indifference probably will be fatal. If that isn't the goal -- well, that's a different conversation.

Sunday, December 03, 2023

The Baggage of Whiteness


There's a new essay being passed around by Megan Wachspress on "The 'New Antisemitism and the Logic of Whiteness." As one might imagine,* I have thoughts. The essay raises some interesting and useful points; it isn't bad by any means. But I do think its core hypothesis is not just wrong, but actually backwards. 

Wachspress argues that the panic amongst young Jews on campus stems from "the unconscious recognition that American Jews’ contingent whiteness may be threatened if 'the Jewish state' becomes a means by which other white people can disavow their own complicity in European colonialism," and that the Jewish response seeking safety from these emergent campus phenomena represents an effort to "double down" on their White status.

The notion that Israel is "a means by which other white people can disavow complicity" is, I think, an important one. But I don't think the Jewish response is aptly characterized as an effort to cleave to besieged Whiteness. Jews right now aren't worried about losing their White status, and they're certainly not trying to "double down" on it. To the contrary, they're worried that they're going to be left holding the bag for Whiteness.

To some extent, the wrongness of characterizing the Jewish call for safety as a plea to have their Whiteness respected is obvious -- it's hard to imagine a slogan less likely to be effective on contemporary college campuses than that one. But more to the point, what Jews are seeking to emphasize right now isn't "we're just like you" assimilation into dominant modes of discourse; they're emphasizing points of differentiation and separation, and asking for those to be respected and acknowledged -- to understand Israel and Zionism as Jewish categories, not "White" ones. To "double down" on Whiteness would not assist the campaign of campus Jews, it thwarts it.

To be clear, there absolutely are important ways in which American Jews are implicated into Whiteness -- in my essay, I reject both the simplistic notion that Jews are naught but White as well as the view that Jews are inherently and eternally non-White. I'm not here to endorse the slipshod view one sometimes sees asserting that it's wrong or antisemitic to ever identify a Jew with Whiteness. But with respect to the particular dynamics that Wachspress is analyzing, I do think more of the pressure she identifies is emanating from "over-Whiteneing" Jews compared to "under-Whitening" us.

Far from seeking inclusion under the umbrella of Whiteness and finding ourselves unceremoniously tossed out, what's happening on campuses today is that Jews are seeking to distinguish ourselves from Whiteness but are being involuntarily conscripted in. The very mechanism Wachspress talks about -- the utility of "'the Jewish state' [as] a means by which other white people can disavow their own complicity in European colonialism", an opportunity for young people to "work[] through their own discomfort with whiteness" -- only works if "the Jewish state" is categorized as a White one. Far from doubling down on Whiteness, Jews are being locked into it; ironically by other very-much-unconditionally White folk who are seeking to displace their Whiteness onto Jews. Jews aren't at risk of losing our Whiteness right now, because non-Jewish Whites need us to be White more than ever. They need us to be White so they can transcend their own Whiteness.

But even this, I think, is only part of the story. I've never met a progressive White person who holds any affinity for their identity as White. To be clear, they may hold quite a bit of affinity for their White privilege. But to be identified as White holds no positive valence for them -- there's no "White" traditions that they wish to pass down to the next generation, no "White" holidays they fondly reminiscence about celebrating. "Whiteness" holds no meaning for them other than as a repository of privilege. At most, there is a sort of a contingent pride in "acknowledging their Whiteness" as an awareness of their social positionality, the pride in not indulging in denialism surrounding their implication in White supremacist systems. But this is quite obviously a very different sort of "pride" than one might have in being, say, "Irish", or "Norwegian", or "Black", or -- at least in theory -- "Jewish". It's not pride in the substantive identity of Whiteness as something worth cheering and preserving; it's pride in recognizing a sometimes-obscured wrong and being committed to rectifying it.

This logic undergirds those who've argued for "abolishing Whiteness" -- as an identity, Whiteness lacks substantive content aside from its status as an organization point for unjust privilege. So the only thing that those raced-as-White would miss if "Whiteness" went away would be those privileges, and since those privileges have no right to exist, there's no legitimate loss in eliminating Whiteness altogether. Norwegian, Irish, French -- these at least conceptually have some genuine cultural content that isn't solely about domination and hierarchy, so why not revert to those registers and let Whiteness wither? And in a different register, the lack of affinity towards "Whiteness" as an identity is what buttresses many White people's support for radical colorblindness: they don't care any which way about being identified as "White" (the identity); they just want to keep the privileges. So if they can jettison the identity ("I'm just a person") while preserving all the privileges that Whiteness historically offered, that's a cost-free deal.

For Jews, though, things may be different. Notice, first of all, that the conscription of Jewish into White is not operating in the same way as it does for, say "Irish", where the ethnic identity demarcates the proper place to retreat to after the racial identity is abandoned. Irish may be associated with Whiteness, but Irish isn't conflated into whiteness; one might or might not characterize Ireland as a "white supremacist state" because of this or that policy, but I don't think it's common to say that the very concept of an Irish state is "white supremacist" by definition. By contrast, for Jews the "retreat" into the particular Jewish identity is taken to be the problem; paradoxically, it is taken to represent an embrace of Whiteness rather than a means of distinguishing oneself from it. In this way, while there are many ethnic groups which have in various ways been incorporated under Whiteness' umbrella, few if any have been so entirely conflated into Whiteness as has Jewishness, such that essentially any collective Jewish expression (no matter who does it, and in particular no matter the phenotype or social positionality of the expressor) can be immediately recategorized as "White" with no perceived loss of data (this also fits with what I'll talk about below, about Jews being seen as the paradigm or extreme case of Whiteness).

And to the extent that Jewishness gets conflated and forcibly assimilated into Whiteness, then Jews who are asked to slough off their "White" identity are being asked to dispense with something important. Even if we think that the existence of Israel means that Jewishness grants "privilege" (in Israel, perhaps; in America, hardly so -- as Wachspress observes, Israel doesn't seem to actually be making diaspora Jews all that much safer), Jewishness does have substantive content as an identity that, unlike Whiteness, is not reducible merely to privilege. And part -- not all, but part -- of that identity relates to a connection to Israel. Indeed, one can see how the efforts to present Israeli culture as entirely invented and concocted -- purely a product of theft or appropriation -- is an attempt to forcibly locate it into "Whiteness" by depriving of it any genuine substance that might carry value aside from structuring a form of domination. It's no accident how often the more extreme anti-Israel activists return to this well of fictiousness -- "Israel" in quotes, "the Zionist entity", any way of denying that Israel has any authenticity or truth to it, a tangibility that might engender real and thick bonds. It's an effort to slot Israel into the Whiteness framework; other identities may have bitter parts of their history or practice along with the sweet, but Israel, like Whiteness, only has existence as a tool of violently unjust hierarchy. But the lie of this move illuminates the truth of the problem: unlike Whiteness, Israel is a part of many Jews' substantive identity, it is not simply a manifestation of colonial privilege made real. And therefore, it is not cost-free -- not remotely -- to be asked to jettison it.

For non-Jewish Whites, disassociating Israel is the best of all worlds: it removes oneself from an identity they do not care about, in service of abandoning "privileges" that they do not actually possess.  Wachspress understands this: as she says, "for these non-Jewish white students, Israel presents a way to condemn whiteness without implicating oneself, to support anti-racist ideology in a way that doesn’t lead to shame and self-abnegation." Or as I wrote back in 2010, "all the joy of liberal guilt-induced self-flagellation, except the wounds show up on someone else's body."

But for Jews, things land differently. Disassociating from Israel may or may not, depending on the circumstance, abandon privileges some Jews possess; but it almost always does represent cutting oneself off from a live, vibrant, and meaningful aspect of Jewish identity -- again, not the whole identity, and not one shared by all to the same degree, but also not a concocted or invented identity either. So at one level, we can see how for the White non-Jews, it is essential that the Jew = White conflation be retained -- that's how Israel can serve as this ideal, cost-free mode of disassociating from Whiteness. But even to the extent White non-Jews do offer a pathway for diaspora Jews to follow them, it's demanding a very different form of sacrifice. "Join us," they say, "all you need to do is cut yourself off from Israel, just as we cut ourselves off from Whiteness." But these choices are not the same. Non-Jews are asked to remove themselves from an identity they do not care about in order to dislodge privileges they have not earned. Jews are asked to remove themselves from an identity they are absolutely within their rights to care about in order to dislodge privileges that are, to say the least, far more ambivalently held.

At the end of the day, there's almost no chance that Jews will be able to do this. For one, non-Jews actually don't want Jews to do it since, to reiterate, Jews successfully disassociating ourselves from Whiteness threatens the coherency through which being not-like-the-Jews lets other White people work through and past their own Whiteness. The pressure from progressive non-Jewish Whites is not for Jews to cease "doubling down" on Whiteness, it is for Jews to obediently accept their new anointment as the paradigmatic Whites. For two, the forcible conflation of Jews and Whiteness makes the implied demand that we slough off not just our Whiteness but a large part of our Jewishness (almost half the world's Jewish population! A land that is and always has been the centerpiece of Jewish liturgy, theology, and cultural reference!) an impossible one to realize -- to quote Du Bois, we would not leave it if we could, and we could not leave it if we would. And of course, the functional impossibility of the "choice" on offer is in service of the implied desire that the choice not be made; it is better for non-Jewish Whites that Jews remain White, so they can serve as an exemplar of the demon they've successfully wrestled within themselves.

So what we're left with, perhaps, is a world where everybody but the Jews is able to successfully work through and past their Whiteness. Whether this would actually entail diminution of those privileges hitherto associated with "Whites", or if it would be closer to the aforementioned radical colorblindness, is an exercise I'll leave to the reader. The point is, when the music stops and the reshuffling is complete, the only people who the left can agree are still unambiguously White will be the Jews. Just as historical antisemites viewed modern Jewry as a fossilized relic that contrasts to Christianity's superior evolution, Jews-as-White will stand as the paradigm case of that which the more civilized, enlightened (former) White people have left behind.

At the end of this road, Jewishness exists as Whiteness' crystallized, undislodgeable core -- Whiteness at its absolute apex. This, too, is a well-established trope: in my "White Jews" essay, I wrote about those who see Jews as the "iciest of the ice people"; and how this hyper-Whiteness allows "'Jewish [to] simply displace[] white.' Jews ... stand in for those Whites who are irredeemably supremacist in orientation; we end White supremacy at the point where Whites stop acting like Jews." This displacement can awkwardly be described as Jews losing conditional White privilege; but it much more straightforwardly is characterized as White people trying to pin "Whiteness" on the Jews whilst escaping out the back door.

Again, Wachspress is aware of this mentality, speaking of those who see "Jews in Palestine" as "whiteness concentrated." She clearly understands how the way non-Jewish progressive Whites speak of Jews is often takes the form of accentuating rather than problematizing their Whiteness. But again, this entire framing seems to run exactly opposite of her ultimate thesis: here, too, the problem is not that Jews are choosing Whiteness, the problem is that non-Jews are imposing Whiteness on the Jews, are in fact gaining significant benefits from impressing Whiteness upon the Jews, and Jews are not being permitted to escape from it.

My "White Jews" essay doesn't actually talk that much about Israel (by design), but it does have a short portion addressing it. In the conclusion of that section, I write:

I am not suggesting that non-Jews should not critique Israel, whether moderately or sharply. I am suggesting that such critiques are neither critiques of the self nor of an undifferentiated “(Judeo-)Christianity,” “Western-ness,” or “Whiteness,” and ought not be conceptualized that way. When non-Jewish Whites assimilate Jewish entities or practices into Whiteness for purposes of criticizing them, they circumvent the need to put in the hard work of understanding Jewish experience as a distinct entity that they do not simply “know” by virtue of an assumed shared Whiteness. They also substitute out the genuinely necessary work of self-examination in favor of a literal Jewish scapegoat. It is a product of Jewish Whiteness that allows it to occupy this ambivalent role—included so that it can be virtuously excluded.

So too now. There is much in the way of critique -- moderate and sharp -- that might be made about Israel in 2023. But that does not mean it is appropriately used as a vector for young people to "work[] through their own discomfort with whiteness", and predictable problems emerge when it is used as such. It is the conflation of these two roles -- one very legitimate, the other all-too-convenient -- that is responsible for the anxiety that Wachspress identifies and the bad behavior that she acknowledges. But this problem is simply not one of Jews being too attached to Whiteness. It's one of non-Jews refusing to see Jews as anything other than White. And I think it is very fair to say to non-Jewish White people that the terrible circumstances in Israel and Gaza are not, and should not be, your gymnasium for working out your own relationship to Whiteness. Deal with that on your own time.

* I wrote a somewhat influential (if I do say so myself) essay in 2019 titled "White Jews: An Intersectional Approach," that worked through many of the themes I'll be exploring here.

Opposing Antisemitism is Hard When You Just Assume It's a Political Stunt


The Republican Party of Texas just voted down a resolution that would have barred the state GOP from associating with persons "known to espouse or tolerate antisemitism, pro-Nazi sympathies or Holocaust denial."

The internet is having a field day over this, and understandably so. Meanwhile, one of the resolution's proponents is baffled:

“I just don’t understand how people who routinely refer to others as leftists, liberals, communists, socialists and RINOs (‘Republicans in Name Only’) don’t have the discernment to define what a Nazi is,” committee member Morgan Cisneros Graham told the Tribune after the vote.

Far from raising a question, Graham has in fact answered it. The litany listed here -- "leftists, liberals, communists, socialists, RINOs" -- none of these are, in their "routine" use by Republican officials, terms that are actually meant to carry some sort of principled semantic meaning. They're slurs -- bits of rhetorical seasoning, nothing more. And it's no surprise that Republicans treat antisemitism and Nazism, like all other "-isms", in the same fashion -- as a contentless slur one opportunistically hurls at political opponents. They have genuinely drunk their own kool-aid on this. They really don't think that, when people talk about antisemitism or neo-Nazis, they might be referring to something real and objective in the world. Of course it's meaningless theater. 

And if one believes that, then it absolutely makes sense why one would be worried about vagueness and unclear boundaries. The article observes that some committee members "questioned how their colleagues could find words like 'antisemitism' too vague, despite frequently lobbing it and other terms at their political opponents." Again, this bafflement disappears once one realizes that for these Republicans, the vagueness and lack of definition is a service, not a barrier, to the frequent lobbing -- it is because they studiously avoid thinking that antisemitism means anything that they can toss it out to attack everything.

This is why one can never trust Republicans to tackle antisemitism. I mean yes, for the obvious reason that they can't even reliably disavow Nazis. But also for the slightly less obvious but still important reason that their entire orientation towards "antisemitism" is that it is nothing more than a gambit in a political game.* They don't take it seriously as an actual, extant phenomenon, and so they'll never be able to respond to it as one.

* Somewhere -- I can't find it -- I remarked on how Republicans, shortly after Ilhan Omar's "Benjamins" controversy, tried to gin up another controversy over Omar aggressively questioning conservative foreign policy maven Elliott Abrams. There was transparently nothing there on the Abrams thing, but many conservatives seemed baffled that their antisemitism claims weren't getting traction after so much attention was paid to the "Benjamins" tweet. What was the difference? The possibility that the difference could be explained by actual substance -- the "Benjamins" tweet was plausibly antisemitic, the Abrams questioning was not -- truly, genuinely didn't seem to occur to them.

Saturday, December 02, 2023

Pot Committed


The Israel/Hamas war in Gaza has resumed. Hamas ended the pause with rocket fire into Israel slightly before the expiration of the ceasefire Friday morning (it also conducted a mass shooting in Jerusalem, though I suppose one could argue that was outside the "theater of operations" covered by the ceasefire).

There's no joy in seeing a period of relative calm -- hostages being returned to Israel, humanitarian aid reaching Gazans -- yield to the resumption of hostilities. But I'll admit I was cynical that this ceasefire would last. Indeed, despite the growing intense international pressure on Israel in particular to wrap up its military operation, I thought it was quite likely that they'd see through their campaign to the end (whatever "end" means in this context). A durable ceasefire, in the present moment, always felt out of reach.

Why? For starters, Israel has been quite public that the ceasefire was temporary and that it would resume operations at its conclusion. There was no hiding the ball on that. There's also the fact that most political observers think that Netanyahu is toast the second the war concludes, which obviously gives him a political incentive to drag the war out for as long as possible in the hopes that some deus ex machina will reverse his fortune. Of course, that's contingent on Bibi's willingness to put his own private political interests over the good of his country while indefinitely imperiling millions in the process. Which is to say, obviously Bibi will try to drag the war out for as long as possible.

But aside from all of that, I think the Israeli government may well think that this is their last, best chance to destroy Hamas. As I've written, I think even some relatively hard-bitten "pro-Israel" (and Israeli) observers were stunned at just how quickly the world's sympathy evaporated towards Israel in the aftermath of the October 7 attack (and these were people whom I suspect, if you talked to them on October 6, would have described themselves as hard to surprise on that front). Even though Hamas has promised it will try to conduct October 7-style attacks again and again in the future, it is unlikely that one of those future attacks would give Israel even the limited window for responsive actions it enjoyed this time around -- the turnabout will if anything occur even faster.

Given all that, Israel might calculate that it's now or never. It could conclude that it's already absorbed the brunt of international opprobrium overs its Gaza campaign -- things have already topped out; they won't get worse if the campaign drags on for another month or two (that's the problem with going to the "genocide" accusation too quickly -- you don't have anything to escalate to). The question of destroying Hamas, from Israel's vantage point, was always something like "is the benefit worth the cost in terms of the international reputational consequences that would inevitably flow from the campaign?" But for better or worse, now Israel's already eaten the costs. It's pot committed. So it might as well gain the benefit of destroying Hamas; take some sweet to go with the bitter. After all, it might argue, the only thing worse than wreaking all this devastation on Gaza in the course of destroying Hamas would be to wreak all this devastation on Gaza and not destroy Hamas.

That's the logic on the Israeli side. But it's worth noting (though far fewer do) that Hamas doesn't seem especially interested in an enduring ceasefire either. 

Again, we can start with their own revealed preferences: Hamas broke a ceasefire that existed on October 6, and it was the party that ended the ceasefire that was negotiated at the end of November. It is not acting like a party that feels significant pressure to wind down the conflict.

Beyond that, Hamas' entire mid-term strategy behind October 7, after all, was to bait Israel into an apocalyptic conflict whose inevitable destruction upon the Palestinian population would fixate the world's gaze -- and in that endeavor, October 7 can only be seen as a smashing success for Hamas. A durable ceasefire doesn't help that strategy, it thwarts it -- Hamas needs the scenes of death and devastation in Gaza to rivet international attention and keep the world's eyes on the Palestinian situation. Under normal circumstances, the countervailing pressure on Hamas would be a desire to limit Palestinian casualties, but it's beyond clear that Hamas simply does not care about Palestinian life. The dead are martyrs to the cause, and just as Israel has been clear about its intent to continue the fighting, so too has Hamas been clear about its willingness to sacrifice Palestine's civilian population to its military agenda. And once you take limiting Palestinian misery off the table, what exactly does Hamas gain from a ceasefire?

Moreover, any realistic proposal for getting a durable ceasefire will likely include terms that Hamas will have little interest in accepting. It's not going to return the male, military-age hostages without a lot more than Israel probably is willing to give (it got a 1:3 ratio this time around exchanging the elderly and toddlers for Palestinian security prisoners; it's obviously going to ask for more in the next round and it's equally obvious that Israel will want to give less). Disarmament (as several Arab nations have proposed)? Fat chance it agrees to that. And there's little chance Israel will make its own offerings that will sweeten the deal. I've said from the get-go that Israel cannot, under any circumstances, let "the moral of the story" for 10/7 be that massacring Israeli civilians is a winning Palestinian strategy, which means that Israel couldn't offer a "good deal" to Hamas even if it were hypothetically interested in doing so (which it won't be). Again, given the fact that Hamas doesn't seem especially motivated to pursue a durable ceasefire, these obstacles are likely fatal to the endeavor.

I give the above analysis without any normative endorsement of any party's behavior. There's no joy in a prediction of more weeks or months of violence and death. But I'm not optimistic. The structural dynamics here just aren't good.