On Tuesday, eight Democratic senators joined former Republican presidential hopeful Marco Rubio in introducing a Senate bill attacking the Boycott, Divestment, and Sanctions movement, BDS, which aims at ending the illegal occupation of Palestine and ongoing violations of human rights by Israeli authorities.
Rubio said the bill, titled The Combatting BDS Act of 2017, will "fight back" against the the growing BDS movement by "affirming the legal authority of state and local governments to take tangible actions to counter economic warfare against Israel.”
The bill would allow state and local governments to withdraw funding for any organization "engaged in BDS conduct," thus giving them "an offensive capability against entities seeking to economically harm Israel," according to Rubio’s statement announcing the legislation.
"This bipartisan legislation gives state and local governments a legal way to combat the shameful boycott, divestment and sanctions movement against Israel," said Democratic senator for West Virginia Joe Manchin, a co-sponsor of the bill.
Rubio also explicitly stated that the proposed legislation is a response to the historic U.N. Security Council resolution calling on Israel to end its construction of illegal settlements in occupied East Jerusalem and the West Bank.
Rubio's bill is the first attempt to make national several anti-Palestinian solidarity measures passed by state legislatures in Wyoming and New York. Similar to those attempts, however, this legislation will likely fail any constitutional test.
"The Rubio bill doesn’t solve the fundamental problem with these anti-BDS laws, which is that they violate the First Amendment," said Rahul Saksena, a staff attorney with Palestine Legal, in an interview with The Electronic Intifada.
"Boycotts have been used throughout U.S. history ― from the Boston Tea Party, to the Civil Rights Movement, to the anti-South African ( Apartheid movement ― to challenge injustice and promote social change," said Palestine Legal and the Center for Constitutional Rights in a statement responding to New York State’s so-called "blacklist" bill passed in December of last year.
Launched in 2005 by 170 Palestinian civil society organizations — including unions, refugee networks, women’s organizations and professional associations — and inspired by the anti-Apartheid movement, the BDS movement calls on individuals and organizations to pressure the Israeli government to end its illegal occupation of the West Bank and Gaza, recognize the right of return of Palestinian refugees and guarantee full civil and human rights to Arab-Palestinian citizens of the Israeli state.