A majority of states have adopted bills that say people who do business with them must abide by their policies related to fair business practices, including anti-discrimination rules. One motivation was the rise of the antisemitic boycott, divestment, and sanctions movement — a coordinated effort to disrupt the economic stability of the state of Israel, persons conducting business with Israel, and individuals the movement deems too closely affiliated with Israel.
Georgia passed such a law, which last week became the subject of a federal court ruling in Martin v. Wrigley. But the details of this case have been widely misreported. No, the decision did not strike the law down as unconstitutional. Rather, the court declined to dismiss the case outright, reasoning that, if all disputed facts are construed most favorably toward the plaintiff, then there were “enough facts to state a claim to relief that is plausible on its face.”
