Harvard faces legal action: Shabbos Kestenbaum defends Jewish students - interview

Shabbos and his classmates are in a lawsuit with Harvard, fighting for Jewish students at the university.

 Shabbos Kestenbaum testifies in court against Harvard University. (photo credit: Courtesy)
Shabbos Kestenbaum testifies in court against Harvard University.
(photo credit: Courtesy)

Shabbos Kestenbaum, a graduate student at Harvard studying religion and public policy, has been on a long battle against the school and how they’ve handled, or as he argues, haven't handled, antisemitism on campus.

“I did not expect to be put in this spotlight, but I felt like I didn’t have much of a choice. This lawsuit was a last resort,” Shabbos told The Jerusalem Post.

College campuses across the United States, including Harvard University and other Ivy League schools, have, especially since the start of the Israel-Hamas War, seen pervasive and systematic antisemitism.

Shortly after October 7, Shabbos shared that he, along with classmates, made a deliberate decision to reach out to Harvard University and try to work with them to combat antisemitism and create safe spaces for Jewish students to feel heard and welcomed.

Anxious Jewish students then discovered that “Harvard never missed an opportunity to miss an opportunity,” he said.

 A student holds the flag of Israel during the 373rd Commencement Exercises at Harvard University, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Cambridge, Massachusetts, U.S., May 23, 2024. (credit: REUTERS/BRIAN SNYDER)
A student holds the flag of Israel during the 373rd Commencement Exercises at Harvard University, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Cambridge, Massachusetts, U.S., May 23, 2024. (credit: REUTERS/BRIAN SNYDER)

The response students have received from the university was that Harvard was either unwilling or unable to show that Jewish students belong at the school but that their concerns of antisemitism would be taken seriously, Shabbos explained.

The lawsuit was filed in January. It alleges gross violations of Title VI of the Civil Rights Act and a breach of contract.

Disappointed but not surprised

The students were disappointed but, unfortunately, not surprised when Harvard filed a motion to dismiss the case with prejudice, he added.

“Not only is Harvard asking the judge to throw out our lawsuit,” Shabbos explained, “but also asking the judge to make sure that no other Jewish student can receive equity, equality, and fairness from a court of law.”

Believing in the merits of his case but warning others not to be fooled by the university's quiet response, Shabbos said, “Anytime you hear Harvard speaking on how they’re so focused on welcoming Jewish students, just know they’re also fighting in court at the exact same time to dismiss our lawsuit.” 

Shabbos’s actions have not come without consequences.

“I sit alone at the lunch table as they say,” he joked, “I’ve lost every single non-Jewish friend I’ve had.”

Within the Jewish community, there has also been some negative feedback from those wishing that Shabbos and the other Jewish students stayed silent.

Within the broader American Diaspora, however, Shabbos says he has felt nothing but warmth and support.

At an influencer conference on July 1st organized by the state of Israel, Shabbos shared, “You must ask yourself: Have you elevated the voice of Jewish students? And if you haven’t, you must immediately tell your publicist or agent or whoever it is that those students must be amplified.”

Shabbos said he feels those with platforms are privileged to spread the strength, security, and vitality of American Jewry more broadly.

Shabbos added that he looks forward to the late July hearing, whereby a judge will begin deliberations on whether the case will be thrown out or whether it will proceed to trial.

Shabbos noted that he is very optimistic about the case.

“We’re very confident it will proceed to trial,” he said.

Looking forward to his story being heard and shared, Shabbos hopes to inspire other Jewish students to stand up against antisemitism and proudly be themselves.