Senate Minority Leader Chuck Schumer and other Senate Democratic leaders are mounting an effort to block a pro-Israel bill on Tuesday in order to protest the ongoing partial government shutdown, which is now in its third week.

The Senate late Tuesday will hold a procedural vote on a bill that supports Israel by allowing state and local governments to divest from entities that boycott, divest from, or sanction Israel because of its occupation of the West Bank.

The provision is part of legislation numbered “S.1” that was to be the very first bill senators debate in the 116th Congress. In addition to the BDS language, it includes several Middle East security provisions such as new authorities for sanctioning Bashar Assad's regime in Syria and reauthorization of security assistance to Israel.

But Schumer, D-N.Y., and Sen. Ben Cardin, D-Md., a top Democrat on the Foreign Relations Committee, will vote Tuesday against moving to debate the BDS bill, even though they cosponsored the bill when was introduced in 2017.

Democrats say said their “no” votes are a response to the current partial government shutdown. They instead want Senate Majority Leader Mitch McConnell, R-Ky., to take up spending legislation passed by the House last week that would reopen nine agencies and departments that have been closed since Dec. 23.

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“Schumer has notified the Democratic caucus that he will vote against proceeding to S.1 because Senate Republicans should instead bring to the floor the House-passed bills to reopen the government,” a senior Democratic aide told the Washington Examiner.

When Rubio introduced the BDS legislation in 2017, it won the support of 15 Democrats who signed on a sponsors.

Republicans need just seven Democrats to beat back a filibuster, but Cardin and Schumer are working to ensure Democrats block the bill.

“Sen. Cardin will vote against cloture on S.1 and he is encouraging other senators to do the same,” Cardin spokeswoman Sue Walitsky told the Washington Examiner. “He believes the Senate should not proceed to other business until after the government reopens.”

The move has angered Sen. Marco Rubio, R-Fla., the lead sponsor of the BDS provision and the overarching legislation. Rubio tweeted Monday that the true cause of the sudden Democratic opposition is not the current shutdown fight but rather a growing internal divide about the BDS movement and support for Israel.

“A huge argument broke out at Senate Dem meeting last week over BDS. A significant # of Senate Democrats now support #BDS & Dem leaders want to avoid a floor vote that reveals that,” Rubio tweeted.



The shutdown is not the reason Senate Democrats don’t want to move to Middle East Security Bill.



A huge argument broke out at Senate Dem meeting last week over BDS. A significant # of Senate Democrats now support #BDS & Dem leaders want to avoid a floor vote that reveals that. — Marco Rubio (@marcorubio) January 7, 2019



Just last week, two new lawmakers joined the House Democratic caucus who back the BDS movement against Israel.

Rep. Ilhan Omar, D-Minn., and Rashida Tlaib, D-Mich., have both spoken in support of the BDS movement, which is a pro-Arab, international boycott movement against Israel’s occupation of the West Bank.

The American Civil Liberties Union and dozens of grassroots organizations have also been pressuring Senate Democrats to block the measure.

“This type of boycott participation is core political expression and association lying at the heart of the First Amendment,” ACLU National Political Director Faiz Shakir and Legislative Counsel Manar Waheed wrote to senators.

Sen. Bernie Sanders, I-Vt., said Sunday it would be “absurd” to debate the bill, which he said “punishes Americans who exercise their constitutional right to engage in political activity.”

Tlaib, retweeting Sanders, said Republicans “forgot what country they represent” by bringing up the bill. “This is the U.S. where boycotting is a right & part of our historical fight for freedom & equality. Maybe a refresher on our U.S. Constitution is in order, then get back to opening up our government instead of taking our rights away.”

Democrats did not respond to inquiries about the internal argument referenced in Rubio’s tweet.

Walitsky told the Washington Examiner that Cardin continues to back the bill, but doesn't want to debate it now.

“He is a cosponsor, but does not believe it is appropriate to consider any legislation not related to reopening the government at this time,” she said.

Schumer’s aides have not indicated yet whether Schumer will back the measure in the future.

Foreign Relations Committee Chairman Bob Menendez, D-N.J., has not indicated whether he will join Schumer and Cardin and vote to block the bill on Tuesday.

Sen. Chris Van Hollen, D-Md., responded Monday to Rubio’s tweet, telling the Florida Republicans he is “missing the point” about blocking the measure.

“It’s not about which bill we’re voting on. It's about the fact that McConnell has the power to bring up the bipartisan House-passed bills today and end this shutdown and we need to make that the first order of business,” Van Hollen tweeted.



You’re missing the point. It’s not about which bill we’re voting on. It's about the fact that McConnell has the power to bring up the bipartisan House-passed bills today and end this shutdown and we need to make that the first order of business. https://t.co/KNOF1MkNlH — Chris Van Hollen (@ChrisVanHollen) January 7, 2019



Sen. Brian Schatz, D-Hawaii, said he would also aid the Democratic effort to block the bill.

"I will vote no tomorrow night," Schatz tweeted Monday. "We should be voting on the bipartisan bills from the House to reopen the government."

