AG Hawley Files Amicus Brief Opposing Mandated Government Subsidization of Discriminatory Boycotts Against Israel

Oct 15, 2018, 10:13 AM
Oct 15, 2018, 10:12 AM

Jefferson City, Mo.  – Missouri Attorney General Josh Hawley and eight other states today filed an amicus brief in the United States Court of Appeals for the Ninth Circuit supporting Arizona’s motion to stay a preliminary injunction against an Arizona law that prohibits the State from entering into procurement contracts with businesses that boycott Israel. 

The brief argues that the States have a compelling interest in withholding state funding from businesses that engage in invidious discrimination, including discrimination against Israelis based on their nationality or national origin.  The brief notes that at least 14 States have enacted laws similar to the challenged Arizona law. 

The brief further argues that the preliminary injunction entered by the district court could throw Arizona’s government-procurement processes into disarray during the pendency of the appeal.

“The States have a fundamental and compelling interest in preventing invidious discrimination, and they may use procurement-contract regulations as a means of implementing that anti-discrimination interest. Further, as the Supreme Court has repeatedly recognized, the States have a legitimate interest in avoiding the appearance and actuality of subsidizing the discriminatory policies of private entities with state funds,” Attorney General Hawley wrote in the brief. 

Missouri led the brief and was joined by Nevada, Texas, Georgia, Kansas, Arkansas, Ohio, West Virginia, and Indiana. 

A copy of the brief can be viewed here.