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Justice, Justice Shall You Pursue

Last Wednesday, Attorney General Jeff Sessions was the keynote speaker at the Orthodox Union Advocacy Center’s annual Leadership Mission in Washington, D.C. Sessions’ speech largely concerned advancing religious freedom and preventing discrimination against houses of worship. After his speech, the OU presented Sessions with a plaque displaying the biblical verse “Justice, justice shall you pursue.”

Many in the Orthodox community were appalled that the OU would honor Sessions at a time when there are major protests over the policy of separating masses of children from their parents at the United States border, a policy that Sessions himself created and presides over.

A colleague of mine, R. Elli Fischer, wrote the following op-ed in the N.Y. Jewish Week in an attempt to at one and the same time, explain and criticize the OU’s actions.

After the Orthodox Union honored Attorney General Jeff Sessions at its annual policy conference in Washington last week, even as reports of children being forcibly separated from their parents by immigration authorities began to emerge, I tried to give the OU the benefit of the doubt. In fact, I think that the OU has earned the right to be given the benefit of the doubt—not to have its actions interpreted in the best possible manner, but in a manner that is consistent with its past action.

In this respect, the OU’s Advocacy Center, under the leadership of public policy director Nathan Diament, has a strong record of support for liberal policy agenda item, sometimes against opposition within the Orthodox community (gun control comes to mind immediately). Diament was criticized for not taking a strong enough stand against certain government policies during the Obama years. Yet the advocacy center has established a consistent pattern of staying its course and focusing on pragmatic policy issues that affect its core constituency. “Merubim tzorkhei amkha.” “Many are the needs of Your people.” Effective lobbying requires a narrowing of focus; this is part of the dirty business of politics—the notorious “swamp” of Washington.

There’s also a personal element. I worked for the OU for two years as an educator with the OU’s Heshe and Harriet Seif Jewish Learning Initiative on Campus, at the University of Maryland. I worked for two summers as a counselor at the NCSY Sports Camp in Baltimore. During the summer of 2006, I was the rabbi of the summer internship program in Washington run by the OU’s Institute for Public Affairs. Jewish Action, the OU’s magazine, has given me opportunities to write, and with editorial leeway to boot. Countless friends have benefited from OU programs. Going through the list of my Facebook friends, I am amazed at how many enduring relationships were formed through OU programs like the ones mentioned above. Additionally, Rabbi Tzvi Hersh Weinreb, the OU’s Executive Vice President Emeritus, is a personal role model, a paragon of complex thinking, sympathy, and mentschlichkeit, who has been very generous to me with his time, advice, and support over the course of many years. I esteem him as one of the finest Jewish leaders alive today.

I can also understand why the OU went through with presenting the award: Attorney General Sessions is a key figure for many of the OU’s policy objectives, and they have to play the hand dealt, not the one they wish they had been dealt. Organizations that must play the “long game” can little afford to burn bridges—and disinviting a major cabinet figure would do just that. The plaque presented, bearing the original Hebrew of the verse, “Justice, justice you shall pursue” (Deuteronomy 16:20) was made long before the implementation of the zero-tolerance policy for immigration.

To be honest, my first reaction when I saw the plaque was to think it a clever way to admonish the Attorney General. That verse from Deuteronomy is an imperative, an admonition. It is a mainstay of placards in Jewish social justice movements. But rebuke can be gentle; another biblical verse teaches, “Divrei hakhamim be-nahat nishma’im”; “The words of the wise, spoken softly, are heeded” (Ecclesiastes 9:17). The admonition to pursue justice can serve—perhaps even better serve—their purpose when hanging on the wall of an office instead of being shouted through a megaphone. God is in the still, small voice, not in the whirlwind and the fire (1 Kings 19:11-13). It was gratifying to see OU President Moishe Bane confirm that initial reaction to the plaque and that the OU raised some of the immigration issues behind the scenes.

Yet there are two things that cannot be overlooked. The first is the picture of OU executives standing and smiling with the Attorney General—a picture that the OU itself shared on social media (and later removed after being criticized). It gives an impression of coziness, of smugness, that all is as it should be. It communicates the sense that as long as the particular interests of its constituents are served, everyone else can go to hell. This impression does not reflect the reality of the OU’s work, but it reflects a real sentiment that exists in parts of the Jewish community, and it is both dangerous and damaging.

The second thing is that, at certain times, narrowness of focus undermines one’s own goals. In this case, educational values are sacrificed to obtain funding for the very institutions that are teaching those values, thus undermining their own educational goals. Much of the OU’s advocacy focuses on programs that fund Jewish education, through vouchers, special education programs, public busing to private schools, etc. This is as it should be. For more than 150 years, as universal education became a feature of modern states, Jewish education—the Jewish community’s insistence on autonomous educational institutions—has been a mainstay of Jewish (especially Orthodox) lobbying efforts. It was the focus of the audience that leading of Austria-Hungary had with Emperor Franz Josef in the mid-19th century; it was a major component of Rabbi Samson Raphael Hirsch’s fight for Orthodox communal autonomy; it was a key demand made by leading sages Rabbi Haim Ozer Grodzensky, the Gerrer Rebbe, the Lubavitcher Rebbe, Rabbi Haim Soloveichik, and other major rabbinic leaders when they met with the tsar’s ministers in St. Petersburg in 1910. It was a condition on which Agudath Israel predicated its willingness to support a Jewish State in 1947.

But the United States of America is neither an authoritarian regime nor one that harbors thinly-veiled antipathy toward Jews or the goal of de-Judaizing its Jewish subjects. Earlier efforts were to ensure that Jews could run their own schools; thank God, in the US, this is a given. The present efforts are about the cost of education. However, pursuit of relief from the exorbitant financial burden of Jewish education risks excessive narrowing of focus, thus incurring a moral cost that is too high a price to pay for financial relief.

P.S.  As a result of the negative backlash, the OU president sent out the following letter:

I am writing to update you on the Orthodox Union’s engagement and advocacy in the current debate over the U.S. government’s immigration enforcement policies at the border with Mexico. The Orthodox Union’s position is clear; we are opposed to the Administration’s “zero tolerance” policy under which parents and children are separated. The OU holds this position based upon the Torah’s values which recognize the family unit as sacred and the building block of society.

In advocating for the reversal of this policy, we met privately last week with Attorney General Jeff Sessions, prior to his addressing our Leadership Mission to Washington, and expressed our concerns about the policy. Further, the OU joined with other national Jewish organizations in signing a public letter to the Attorney General and Secretary of Homeland Security. This letter clearly and unequivocally states its opposition to enforcement of the zero tolerance policy by separating children from parents.

This week, we anticipate Congress taking up legislation that will address the Administration’s policy and seeks to reverse it. The OU is working with key legislators with respect to this effort and expects to endorse the resulting legislation and advocate for it. We will continue to update you on proposed legislation as it develops.

Moishe Bane
President, Orthodox Union