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April 21, 2023 4:43 pm
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US Federal Court Rejects Challenge to Texas Anti-BDS Law

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avatar by Dion J. Pierre

Illustrative Anti-Israel protestors, c. 2021. Photo: Matt Hrkac/Wikimedia Commons.

A US federal court has rejected a challenge to a Texas law that bars companies participating in the boycott, divestment, sanctions (BDS) movement from receiving state funds.

In 2021, Haseeb Abdullah sued Texas’ attorney general, Ken Paxton along with the state’s comptroller, arguing that the law infringed on free speech and threatened his government pension. This week, the US Court of Appeals for the Fifth Circuit tossed the suit, concluding that Abdullah lacked standing for not being injured by the law.

The court said that Abdullah based his claim on potential economic losses in the future that are “at most — speculative”and that he “lacks any concrete stake in this lawsuit.”

On Tuesday, Paxton said the ruling is a victory in a larger fight to stop the spread of BDS.

“Texas anti-boycott law is both constitutional and, unfortunately, increasingly necessary as the radical left becomes increasingly hostile and antagonistic toward Israel,” he said. “Though some wish to get rid of the law and Israel fail, the state of Texas will remain firm in our commitment to stand with Israel by refusing to do business with companies that boycott the only democratic nation in the Middle East.”

Paxton added that he is “pleased to see the court recognize that the plaintiff lacked any standing to bring this challenge.”

Launched in 2005, the BDS campaign opposes Zionism — a movement supporting the Jewish people’s right to self-determination — and rejects Israel’s right to exist as a Jewish nation-state. It aims to isolate the country totally with economic, political, and cultural boycotts.

35 states currently have anti-BDS laws on their books. Legislatures in Nebraska, North Dakota, Utah, and Virginia are weighing similar measures.

In February, the US Supreme Court declined to hear a challenge to Arkansas’ anti-BDS law, which argued that requiring contractors to confirm that they are not boycotting Israel before doing business with University of Arkansas is unconstitutional.

Follow Dion J. Pierre @DionJPierre.

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