Schumer at Odds with Johnson over Antisemitism Awareness Act

Photo Credit: Gage Skidmore; chrisinphilly5448 / Flickr

Speaker of the House Mike Johnson vs. Senate Minority Leader Chuck Schumer.

Senate Majority Leader Chuck Schumer and House Speaker Mike Johnson are in disagreement over the best way to advance the Antisemitism Awareness Act, a bipartisan bill aimed at addressing antisemitism, particularly on college campuses.

The bill provides statutory authority for the requirement that the Department of Education’s Office for Civil Rights take into consideration the International Holocaust Remembrance Alliance’s (IHRA’s) working definition of antisemitism when reviewing or investigating complaints of discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance. The IHRA’s working definition of antisemitism includes several aspects of anti-Zionism.

The Jewish Federations of North America explained:

At a time when antisemitism on campus is rampant, the Antisemitism Awareness Act will help protect students and others by clearly and concisely defining antisemitism.

• Across college campuses, Jewish students have faced antisemitic intimidation, harassment, and even violence.

• Members of Congress from both parties, Cabinet, and Admin officials have decried the rise in antisemitism on college campuses and advocated for action.

• Clearly defining and differentiating between antisemitism and legitimate critiques of Israeli policies will help universities, elected officials and other stakeholders to differentiate criticism of Israel and its policies more easily from antisemitic hate speech.

• There has been an over 300% rise in antisemitic incidents since the 10/7 Hamas terror attacks. This bill will help counter antisemitism both nationally and especially at the local level.

• This bill would empower officials to more forcefully counter antisemitism and help keep Jewish students and communities safe.

But the American Civil Liberties Union (ACLU) has urged the Senate to reject the Antisemitism Awareness Act, expressing concerns about its potential to suppress First Amendment rights. The ACLU argued that the IHRA definition is overly broad and risks criminalizing constitutionally protected political speech, such as criticism of Israel or support for PA Arabs’ rights. They warned it could lead universities to curtail legitimate debate to avoid federal scrutiny or the loss of funding.

Kenneth Stern, who helped draft the IHRA definition, has also opposed its application to campus policies for similar reasons, cautioning it might stifle academic freedom and invite legal challenges against schools that fail to act against anti-Israel expressions.

Supporters of the bill, however, argue it provides much-needed clarity for addressing antisemitism, particularly amidst rising campus tensions following the October 7 Hamas atrocities. Proponents claim it targets direct threats rather than peaceful protests and aims to protect Jewish students’ safety and rights.

The Senate Majority Leader, Chuck Schumer, has expressed support for the bill amid lobbying from Jewish organizations and advocacy campaigns urging its passage before Congress adjourns. His conflict with House Speaker Mike Johnson revolves around whether the bill should be included in the 2025 National Defense Authorization Act (NDAA) or passed as standalone legislation.

Schumer favors attaching the bill to the NDAA, arguing that this method is the only viable way to ensure its passage before the year ends. The Senate’s remaining legislative schedule is tightly packed with judicial nominations, government funding, and disaster relief, leaving little time for standalone votes.

On the other hand, Johnson opposes tying the bill to the defense measure, advocating for a direct up-or-down vote in the Senate. This stance aligns with some of the bill’s House sponsors, who are frustrated with the delays and want immediate action after the bill passed the House overwhelmingly earlier this year.

The standoff highlights broader tensions over legislative strategy in Congress and the urgency of addressing rising antisemitism in the US. Jewish leaders remain optimistic about the bill’s eventual passage despite the procedural disputes.

The Republican majority in the House has dropped to two votes following President-elect Donald Trump’s recruiting of House Republicans to his cabinet. Facing the challenges of a slim majority, Speaker Johnson has signaled to allies that loading the National Defense Authorization Act with extraneous provisions could jeopardize its chances of passage.

According to Axios, House Republicans are working to give Speaker Johnson more flexibility by proposing that he attach legislation to sanction the International Criminal Court to the defense bill. The sanctions measure previously cleared the House with bipartisan support, passing 247-155, including votes from 42 pro-Israel Democrats.