David Schraub

@schraubd.bsky.social

5873 Followers 1231 Following

Sometimes lawyer. Sometimes law professor. All the time awesome. Associate Prof. at Lewis & Clark Law (con law and anti-discrimination). http://dsadevil.blogspot.com

Tweet by Moe Tkacik: Racicot: -Was asked by a friend whether she should set up another friend with platner. She answered elliptically. She said he was intelligent and didn't listen when drunk. She did not say he was a rapist. -Told Tapper "compliance is not consent." I would be interested to know whether this argument has ever held up in court, with a defendant who was blackout drunk. She didn't come forward the first time because she knew she didn't consider him to be a "rapist" because if she did see him that way she would have told her friend that was the case. She was emotionally blackmailed by Lyndsey Fifield who is a ride or die genocide cheerleader & professional liar, and most assuredly the promise of unlimited pro bono legal representation for her services to the Gratuitous Suffering & Death Lobby. I doubt she fully gamed out the sequence of events her new revelations would set off but Lyndsey Fifield absolutely did. One question is, did the funds that boosted him along the way game it out as well? Remember who funded Hamas to divert support from the PLO, people!! What was Seth Frantzman's role?
Headline reading: "US Ceasefire with Iran is Likely 'Over,' and No One is Coming to Save Lloyd Center Mall."
Ripped Jesus from Rick and Morty
HR lady meme pic
Profile tag “I eat fascists and oligarchs for breakfast.”
Skeet with text: “Just for the hell of it, given who is occupying the White House, why not leave this up to the voters of Maine? Are they democrats going to do their normal schmuck and immediately fold and replace him with a yet another corporate-friendly milquetoast runner-up? Voters love a party that gives up
Screenshot of skeet by The Angry Wisconsinite claiming he’s the victim of an AIPAC and Heritage set up and touting his support from Track AIPAC.
Tweet from Ilan Wurman: "A year and a half ago a federal judge in Washington basically said the Trump Administration view was borderline sanctionable. That view just got 4 votes on the U.S. Supreme Court."
Cleopatra from HBO’s “Rome”.
Let's simplify potential Democratic Israel positions into three categories: (1) AIPAC-style status quo (represented by someone like Stevens), (2) The Andy Levin or J Street style two-stateism , or (3) Rashida Tlaib style one-stateism. Of course, some politicians have very strong feelings on this question and will choose based on those deeply-felt sentiments. However, my core model assumes that most politicians don't have hard-and-fast policy preferences on most issues. Rather, on most issues beyond the rarefied few they care deeply about, they will choose the political path-of-least-resistance amongst the set of choices which meet their basic criteria of moral tolerability, even if a different choice might be closer to their ideal ideological preference. So if we imagine a politician who really doesn't care one way or another about Israel/Palestine -- they are at least not repelled by any of the three forms of Israel positions above -- they won't adopt the position they "believe in" the most, they'll pick the position that is politically easiest and least likely to generate controversy or backlash. AIPAC's victories have strongly suggested that, in many contexts, that would be position #1 -- even in Democratic primaries. And to that extent, AIPAC probably will succeed in moving the Democratic needle towards its preferences.
Political leader quiz that says I'm closest to Mark Carney, PM of Canada.
Scene from Brooklyn 99 showing Pimentos brain with portions circled in red.
Rome Pride says they are "fully capable of distinguishing between the Israeli government and the Jewish community." But they also hold Keshet "responsible for having failed, and continuing to fail, to distance itself from the ongoing genocide in Gaza," Which raises the question: why should they need to "distance" themselves? What makes them so close?
In her letter, Weiss claims that the terms which describe what happened to her are "unlawful discrimination, hostile work environment, and constructive discharge. I’m no legal expert. But I know that this is wrong." She is, indeed, no legal expert. The conduct she describes in the letter -- whether it is "wrong" or not -- would be very unlikely to sustain a legal complaint for unlawful discrimination, hostile work environment, or constructive discharge.
Tim Walz surrounded by happy children
Leiter pointed to the trend among many Democrats and some Republicans in rejecting money from the pro-Israel group AIPAC and said that supporters of Israel should make similar efforts towards J Street.
Tweet from AIPAC “For all the legacy media’s obsessive warnings about far-right extremist Nick Fuentes, it has shown far less interest in confronting a dangerous left-wing counterpart: Hassan Piker.” @Ingrid_Jaques @USAToday
Volokh Conspiracy headline: Rethinking Conservative Approaches to Executive Power Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power. Ilya Somin | 4.28.2026 2:53 PM
Official letter granting me tenure.
Screenshot of the bottom of the Comics Curmudgeon page, with the button to access "older posts" on the lower left.
That's Funny You Don't Look Anti-Semitic did create ripples. It managed to split the JSG [Jewish Socialist Group] whose then dominant leadership thought it might offend the Socialist Workers Party. It resulted in some pretty dreadful correspondence over many weeks in journals like Searchlight and Peace News. A pamphlet was written denouncing me as a "criminal".
Simply put: Virginia's voters decided on Tuesday that gaining a slim partisan advantage in this year's election matters more to them than making structural reforms to strengthen the democratic system.
Finally, this means that redistricting reform is (probably) dead. As someone who once sincerely believed that we might improve congressional elections (and therefore Congress itself) by figuring out how to reduce the partisan influence in redistricting, this conclusion stings the worst. Redistricting commissions were imperfect solutions—as Virginia's misadventure at the start of this decade demonstrated. Even so, the trend seemed to be moving in the right direction. Even if you can't ever hope to excise partisan influence, it seemed like there were ways to temper it. But we have now broken a norm that will be very difficult to piece back together. If both parties can get away with redrawing districts for the 2026 election, why would they not do the same in 2028 and every two years after that?
One enduring quality of the Fifth Circuit in general and these judges in particular is that they do not hesitate to shoot their shot. Their philosophy has consistently been to throw up the most radical, results-oriented conservative fantasy decisions they possibly can, and then dare the Supreme Court to reverse them. Given the composition of the Supreme Court, after all, it's hardly a bad bet. And hey -- you miss 100% of the shots you don't take!
Nathaniel in front of the date and time
"In another tweet, he wrote that “The Synagogue of Satan refers to those who are genetically Jewish but have rejected Christ and thus utterly forfeit the heavenly Jerusalem.” He wrote that Hamas’ Oct. 7 attack on Israel was a “false flag” operation, and suggested that 9/11 was, as well. In the group’s launch video, Rectenwald, narrating, called pro-Israel politicians “puppets” whose “strings are pulled by donors loyal to the modern nation state of Israel.” Rectenwald’s gripe, he says, is the control that the pro-Israel lobby has over U.S. politicians. “Every zionist in the U.S. government should be tried for treason,” he wrote, adding in a reply that those politicians are more loyal to Israel than to America. But his theories about Jews controlling governments have exceeded the bounds of the United States and Israel. “Once you study England beginning with Cromwell, you know it wasn’t the British empire to follow but the Jewish empire,” he wrote last year. “That’s not antisemitism. It’s just history.” Rectenwald acknowledged that AZAPAC has faced accusations of antisemitism. “Every once in a while we get somebody coming along and saying we’re antisemites — ‘This is Hitler’s playbook,’ or something like that,” Rectenwald said. “We just answer by saying this: It’s nothing to do with antisemitism. We have Jewish supporters. Listen, if Max Blumenthal [a journalist who writes critically about Israel] wanted to join our board, we would welcome him with open arms, for example. So there’s nothing about discrimination."" Article on the "Anti-Zionist America PAC", https://www.jta.org/2026/04/09/politics/a-new-anti-zionist-pac-has-endorsed-candidates-who-believe-jews-were-behind-9-11
Graphic of poll showing that 60% of all US adults including 41% of Republicans and 57% of young Republicans view Israel unfavorably.
Headline: "Jewish groups condemn Trump's threat that a 'whole civilization will die' in Iran"; plus ctrl-f search yielding no hits for "Anti-Defamation League".
Riften from Skyrim
Brooklyn 99 scene captioned “Did you see his tie? A single Windsor.”
AIPAC tweet posting about Ro Khanna being listed on the TrackAIPAC site
"It also found that 70% of American Jews oppose unconditional military and financial assistance to Israel — reflecting a mounting political consensus that is at odds with the priorities of AIPAC, the traditional pro-Israel lobby." SOURCE: "A second poll of US Jews finds the same result: Most oppose the war in Iran", JTA (March 30, 2026), https://www.jta.org/2026/03/30/united-states/a-second-poll-of-us-jews-finds-the-same-result-most-oppose-the-war-in-iran
Piker has previously referred to Orthodox Jews as “inbred,” compared Israelis to the Ku Klux Klan and defended Hamas, writing in a post on X in January that the terror group is “a thousand times better than the fascist settler colonial apartheid state.” On one of his shows aired days after Oct. 7, Piker told off a listener who condemned the massacre, saying “Bloodthirsty violent pig dog, suck my d–-k.” In a May 2024 stream, Piker also minimized reports of the prevalence of sexual assault during the Oct. 7 attacks, saying “It doesn’t matter if rape happened on October 7th. It doesn’t change the dynamic for me.”
Timothy Holmes, 31, posted other antisemitic comments in response to posts about Israel, including “the jew will be destroyed and discarded,” “From the river to the sea every Jew will die” and “Die jew,” according to the criminal complaint filed by the the U.S. Attorney’s Office in Chicago.
Futurama still captioned “a net gain for our great city!”
Calder, “McGovern for McGovernment” print
Quote from David Miller: "Of course Israel have sent people in to target that, to deal with that. Particularly through interfaith work … pretending Jews and Muslims working together will be an apolitical way of countering racism. No, it’s a Trojan horse for normalising Zionism in the Muslim community. We saw it in East London Mosque for example, where East London Mosque unknowingly held this project of making chicken soup with Jewish and Muslim communities coming together. This is an Israel-backed project for normalising Zionism in the Muslim communities."
The Ro Khanna cycle (a loop going from ???? --> ???? and back to ????)
Simpsons pic of Burns telling Smithers "Since the Beginning of Time Man Has Yearned to Destroy the Voting Rights Act".
Screenshot of post: "The Epstein Class spoiled the victimhood fun for everyone. The Jewish State has declared that apartheid is awesome. And Stephen Miller is loudly devoted to ethnic cleansing of the homeland. All three are reflections of Jewish moral reasoning, whose current political incarnation is Otzma Yehudit."
Amy from "Futurama" saying "French?"
David Schraub, associate professor of law at Lewis and Clark Law School, provides the legal theory necessary to challenge IHRA in courtrooms and policy debates. Schraub earned his J.D. from University of Chicago Law School with high honors and his Ph.D. in political science from UC Berkeley, previously serving at UC Berkeley Law as Darling Foundation Fellow. His legal scholarship includes “The Epistemic Dimension of Antisemitism” (Journal of Jewish Identities, 2022), which argues antisemitism manifests when Jews fail to stay “confined to their place”; “Arguing About Antisemitism” (Ethnic & Racial Studies, 2022) with Waxman; and “White Jews: An Intersectional Approach” (AJS Review, 2019). He convened the Law vs. Antisemitism Conference at Lewis and Clark in 2023. Schraub has written extensively on the potential for IHRA to chill speech if applied as a campus code. His contributions to Nexus focus on the distinction between “intent” and “effect,” arguing that without evidence of discriminatory intent, anti-Zionist speech should be protected. On anti-Zionism, Schraub has stated in The Third Narrative initiative website: “It depends on what people mean by ‘Zionism,’ and it depends on what people mean by ‘antisemitism.’” He continues, “as one moves down the list [of Zionism’s meanings], the charge of antisemitism for anti-[that form of] Zionism becomes increasingly plausible.” In a Forward column with Alan Solow in October 2023, Schraub defended Biden’s National Antisemitism Strategy, noting it “chose to incorporate insights from diverse sources, including IHRA, Nexus and other initiatives” rather than making IHRA exclusive. This legalistic maneuvering is essential for universities looking for reasons not to sanction Students for Justice in Palestine chapters.
Anakin/Padme meme: 1) When SCOTUS Justices own stock in companies with business before the court, there's a conflict of interest. But don't worry, we're changing the rules. 2) To ban the ownership of individual stocks? 3) To ban the ownership of individual stocks, right?
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Dow Jones at 49451