Friday, June 30, 2023

Fwd: News From Agudas Yisroel 11 Tamuz 5783/June 30, 2023


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From: The Agudah <news@agudah.org>
Date: Fri, Jun 30, 2023, 3:06 PM
Subject: News From Agudas Yisroel 11 Tamuz 5783/June 30, 2023
To: <agentemes4@gmail.com>


June 30, 2023 - 11 Tamuz 5783

In the News Today: Landmark free speech ruling from the Supreme Court... Terror victims prevail in lawsuit supported by Agudah... Video: Why the Groff v. DeJoy ruling matters... Yahrtzeit of Rav Yaakov Yitzchok Ruderman... Poll Results! ... and Pirchei and Bnos newsletters. Good Shabbos!

Supreme Court Issues Landmark Ruling Upholding Free Speech with Major Impact for Religious Americans

Today, the Supreme Court of the United States issued a ruling that will have a profound impact on religious Americans. In 303 Creative v. Elenis, the Court held that the government cannot compel an individual to engage in speech that does not align with his personal beliefs.  


Read more below, or by clicking here.

Terror Victims Prevail in Second Circuit Case with Agudath Israel Amicus Support


On June 16, in a major legal case that elicited Agudath Israel of America's vigorous involvement, the United States Court of Appeals for the Second Circuit ruled in favor of the families of Palestinian terror victims. 

 

The case, Spetner v. Palestine Investment Bank, was brought by American citizens whose family members were injured or killed in terrorist attacks during the Second Intifada. The plaintiffs sued the Palestinian Investment Bank ("PIB") which was used by terrorist organizations to encourage attacks against Israelis by providing financial assistance to families of suicide bombers and other terrorists. 


Read more below, or by clicking here.

Rabbi Chaim Dovid Zwiebel and Daniel Kaminetsky Explain Why Yesterday's Groff v. DeJoy Verdict Matters:

This Monday, 14 Tammuz, is the 36th yahrtzeit of Chaver Moetzes Gedolei HaTorah Rav Yaakov Yitzchok Ruderman ZT"L, Yaakov Yitzchok ben Yehuda Leib Halevi, Rosh Yeshiva of Yeshiva Ner Yisroel.


At 1974's Agudah Convention, Rav Ruderman spoke about "Passing the Test" in the context of the Middle East conflict. His words are still relevant. Read them here.


Click here to download this weeks Pirchei newsletter.


Click here to download this weeks Bnos newsletter.

Supreme Court Issues Landmark Ruling Upholding Free Speech with Major Impact for Religious Americans; continued:


The case involved Ms. Lorie Smith, a website designer who wished to expand her business to include wedding websites. However, Ms. Smith was concerned that she would be forced, under the Colorado Anti-Discrimination Act (CADA), to design websites that violated her religious beliefs. CADA prohibits businesses that are open to the public from discriminating against potential customers on the basis of numerous characteristics, including sexual orientation.  


While Ms. Smith was committed to providing her services to any individual, she was concerned that she would be compelled to create websites for same gender weddings, which violated her faith. Ms. Smith filed a lawsuit requesting an injunction which would protect her from being penalized under CADA.  


However, the lower courts dismissed Ms. Smith's request for an injunction, holding that she was bound by the provisions of CADA.  


Today, the U.S. Supreme Court reversed those decisions and ruled that the First Amendment protects an individual's right to espouse his personal beliefs or to refrain from speech that would violate his personal beliefs regardless of whether they align with the State's views on the particular issue in question.  


"Today's ruling is critical for those who wish to operate their business while not violating their personal and religious beliefs," said Daniel Kaminetsky, Esq., general counsel of Agudath Israel. "We are gratified that the Supreme Court has upheld the First Amendment rights of all Americans."  


"In recent years we have seen a very concerning and significant rise in instances of religious individuals being compelled to engage in speech that violates their beliefs," said Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel. "Today's ruling, we hope, will put an end to this troubling trend."


Terror Victims Prevail in Second Circuit Case with Agudath Israel Amicus Support; continued:


The federal district court dismissed the case on the grounds that the court did not have jurisdiction to allow the lawsuit to proceed because the PIB used other banks as intermediaries to distribute the "rewards" to families of terrorists. 

 

After the case was appealed to the U.S. Court of Appeals for the Second Circuit, Agudath Israel submitted an amicus curiae "friend of the court" brief in support of the families of the victims. The brief argued that banks who use secondary financial institutions as intermediaries to finance terrorist activities should not avoid liability for aiding in the financing of terrorism.  

 

The amicus brief was researched and written by Douglas Mitchell and Scott Whitman of the law firm Jenner & Block, which agreed to produce the brief pro bono for Agudath Israel. (Mr. Whitman is currently with the firm Haynes Boone.) Other organizations joining the brief were the Orthodox Union, StandWithUs, and the One Israel Fund. 

 

In its June 16 ruling, the Second Circuit overturned the district court's ruling. The Second Circuit ruled that PIB could be held responsible for facilitating the attacks, stating, "[b]y processing payments bearing indicia of terrorism financing on behalf of Arab Liberation Front and knowingly providing material support to a customer linked to Hamas, a designated Foreign Terrorist Organization, PIB facilitated the attacks that are at the heart of this litigation." 

 

Daniel Kaminetsky, Esq, General Counsel of Agudath Israel, expressed satisfaction with the ruling. "We are gratified by the Second Circuit's ruling, which enables the families of terror victims to pursue justice. While financial compensation cannot reverse the harm done, it is imperative that institutions who fund terrorist activity are held accountable under law."

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