Legal brief asks US Supreme Court to consider anti-Zionism potential discrimination

A Jewish legal group filed an amicus brief with the US Supreme Court arguing that anti-Zionism can constitute discrimination against Jews, based on historical context and past legal precedents. The brief is part of an appeal in a case against MIT, where a lower court ruled anti-Zionism was not discrimination.

The Center for Jewish Legal Studies, a new advocacy group founded by law professors Rona Kaufman and Andrea J. Martin, filed an amicus brief with the US Supreme Court last Wednesday, July 22, 2026, arguing that anti-Zionism can constitute discrimination against Jews. The brief is part of an appeal in a lawsuit against the Massachusetts Institute of Technology (MIT), where Jewish students backed by StandWithUs alleged a hostile educational environment. The case was dismissed in 2024, and the First Circuit Court of Appeals upheld the dismissal, ruling that anti-Zionism was not discrimination and that there was no scholarly consensus on the matter. The Supreme Court brief takes a novel approach, arguing that anti-Zionism can be direct discrimination due to its historical context, citing anti-Zionist violence and ideological roots in Islamist, Nazi, and Soviet ideologies. It draws a parallel to a 2003 Supreme Court case where cross burning was ruled discriminatory based on historical association with racial terror. The brief argues that anti-Zionist rhetoric, such as chanting 'Globalize the intifada' at a Jewish vigil, can be threatening given the history of anti-Zionist violence, including a deadly firebombing in Colorado. The authors hope the argument will be used in other courts across the US, though it is unclear if the Supreme Court will hear the case.