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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming

(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.

The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority. 

A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.

In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?

However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.

In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities. 

“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”

She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”

When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?

While that question is being debated, the courts may not be able to hear cases at all.

“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”

The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.

“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”

Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.

“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”

Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.

“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”

Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law. 

Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.” 

(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)

Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.

“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday. 

A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)

But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”

Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government. 

“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”

Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”

A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.

“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”

The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront. 

“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”


The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.

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Could dementia be the key to saving endangered Jewish languages?

One day, when Sabrina Hakim was out for a walk with her father, he started speaking a language she could not understand.

Sabrina figured he must be speaking Judeo-Kashi, a variety of Judeo-Iranian. Her father spoke this language as a child in the Iranian city of Kashan before he moved to the capital, Tehran. Since Jewish people haven’t lived in Kashan in decades, at least not in large numbers, the language “faces possible extinction,” according to Rutgers University linguist Habib Borjian.

Sabrina felt that in order to best care for her father, she had to learn this language. “I would just ask him questions, like, how do you say ‘Are you hungry?’ How do you say ‘I’m tired?’” she told me. “I was asking questions about words or phrases that we could use in his care.”

A reader consults a Judeo-Kashani glossary. Photo by Lauren Hakimi

As time went by, her interest in Kashi evolved from purely practical to cultural. She started scrawling notes on the backs of receipts, and now, Sabrina says she has some 200 pages of notes from conversations with her dad, and she is helping to create a dictionary of the language.

Sabrina’s father, who died in February, is one example of someone whose dementia helped his descendants work with professional linguists to preserve a rare Jewish language. Since dementia affects shorter-term memory more than longer-term memory, it’s not unusual for multilingual people with dementia to begin speaking the language they learned first. As a 2009 study put it, “the language with the best recovery may be the earliest acquired language, the language of greater use, or the language spoken in the patient’s environment.”

Sarah Bunin Benor, a linguist and the director of the Jewish Language Project, said that, while she has long been aware of this phenomenon, she has noticed it most recently with speakers of Judeo-Iranian languages. Historically speaking, that makes sense: In the mid-20th century, when people who are now elderly were children or young adults, many Jews from small cities all across Iran moved to Tehran, oftentimes to avoid antisemitism or enhance economic opportunities.

In Tehran, these people might have spoken their hometown language with their families, but standard Farsi with pretty much everyone else. They had also studied Torah and knew some Hebrew. But even as their brains held room for three languages — and later, when they fled Iran altogether, for yet a fourth language in the country where they wound up — those hometown languages remained deeply rooted in their minds.

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Ashton, an 18-year-old from Great Neck, New York, had always been close with his grandmother, Mommy Po-Po, who began showing signs of dementia more than a year ago. (Ashton requested to be identified only by his first name so as to keep the details of his grandmother’s condition private)

Mommy Po-Po was born around 1939 in the small Iranian city of Tuyserkan in Hamadan province. Though she later moved to Tehran, she continued speaking Judeo-Tuyserkani, a language Borjian told me is at even greater risk of extinction than Judeo-Kashi.

Ashton’s aunt and Mommy Po-Po’s youngest child, Dina, told me that her mother usually speaks Judeo-Tuyserkani when she’s confused. In the last few months, Dina said, “whenever she talks to me, she feels that we live still in Tuyserkan, and I’m one of her sisters.”

Dina thinks memories of Tuyserkan comfort her mother. “I think she likes to go back there, when everything is OK, when my father was alive, when her father was alive, when she had her mother next to her,” she said. “I think she feels warmer when she thinks about back then.”

Around the same time that his grandmother’s illness was worsening, Ashton got in touch with Borjian, who was studying Judeo-Tuyserkani but didn’t know anyone who actually spoke it. “He gave me a huge list of words, and he said please translate all these” into Tuyserkani, Ashton said. He worked with his great-aunts, who still live in Iran, to get the words translated.

Now, Ashton, like Sabrina, is creating a dictionary. He has also started recording interviews with Mommy Po-Po, which he hopes to use in a documentary. Ashton “speaks better than me in Farsi and Tuyserkani,” Dina said.

Sabrina has also gotten praise from her family about her new language skills.

At first, when she started speaking Kashi with him, he might respond in Farsi, “een chert-o-perta chiye?” What’s all this gibberish? “My accent was so bad,” Sabrina said. But as time went by, her Kashi became more and more comprehensible. “Maybe about a month before he passed, one time I was saying something, and he said, ‘where did you learn to speak Kashi? You’ve never been to Kashan.’”

Of course, he’s the one who taught it to her.

The post Could dementia be the key to saving endangered Jewish languages? appeared first on The Forward.

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I know exactly why leftists aren’t celebrating this ceasefire

“We can’t hear you, Zohran,” read one New York Post headline this week: “Pro-Hamas crowd goes quiet on Trump’s Gaza peace deal.”

“It seems awfully curious that the people who have made Gazans a central political cause do not seem at all relieved that there’s at least a temporary cessation of violence…Why aren’t there widespread celebrations across Western cities and college campuses today?” the article asked.

The Post wasn’t alone in voicing that question. A spokesperson for the Republican Jewish Coalition posted on X that “The silence from the ‘ceasefire now’ crowd is shameful and deafening.” Others went so far as to imply that the protesters had been lying and never actually wanted a ceasefire — because what they really wanted wasn’t freedom and security for Palestinians, but the ability to blame Israel. If pro-Palestinian voices had really wanted a ceasefire, the thinking went, they would be celebrating.

I read these various posts and articles and thought of Rania Abu Anza.

I have thought of her every day since I first read her story in early March 2024. Anza spent a decade trying to have a child through in vitro fertilization. When her twins, a boy and a girl, were five months old, an Israeli strike killed them. It also killed her husband and 11 other members of her family.

A year and a half later, a ceasefire cannot bring her children, her husband, or her 11 family members back. They were killed. They will stay dead. What is there to celebrate?

This does not mean that the ceasefire is not welcome, or that it is not a relief. On the contrary: It is both. Of course it’s a relief that the families of hostages don’t need to live one more day in torment and anguish. Of course it’s a relief that more bombs will not fall on Gaza.

But celebration implies, to me anyway, that this is a positive without caveats. And in this situation, there are so many caveats.

The families of the surviving hostages will still have spent years apart from their loved ones, in no small part because their own government did not treat the hostages’ return as the single highest priority. The families of those hostages who were killed in the war will never again sit down to dinner with their loved ones, who could have been saved. And it is difficult to fathom what’s been taken from the hostages themselves: time spent out exploring the world, or with family and friends, or at home doing nothing much at all but sitting safely in quiet contemplation.

And a ceasefire alone will not heal Israeli society, or return trust to the people in their government. It will not fix some of the deep societal problems this war uncovered. A Chatham House report this August found that, “Israeli television ignores the suffering of Palestinians in Gaza, while the rhetoric is often aggressive. Critical voices, from inside Israel or abroad, are attacked or silenced.” If the country is ever going to find its way back from Oct. 7 and this war, a ceasefire is a necessary precondition, but not a route in and of itself.

In Gaza, Palestinian health authorities have said that about 67,000 people — not distinguishing between combatants and civilians — have been killed by Israel’s campaign in response to Oct. 7. A full third of those killed were under the age of 18. The ceasefire cannot bring those children back to life.

It cannot turn back time and make it such that Israel admitted more than minimal aid to the embattled strip. It will not undo the damage that has been done to the people of Gaza who were denied enough to eat and drink and proper medical care. It will not give children back their parents, or parents back their children. It will not heal the disabled, or make it so that they were never wounded.

It will not change that all of this happened with the backing of the United States government. (This is to say nothing of the West Bank, which has seen a dramatic expansion of Israeli settlements and escalation of settler violence over the course of the war). And as American Jewish groups put out statements cheering the ceasefire, we should also remember that it does not reverse the reality that too many American Jews were cheerleaders for all this death.

Protesters calling for a ceasefire have regularly been denounced as hateful toward Jews or callous toward the plight of Israelis; American Jews who called for one were called somehow un-Jewish. (Yes, some pro-Palestinian protesters also shared hate toward Jews; the much greater majority did not.) The charge of antisemitism — toward those calling for a ceasefire, those calling for a free Palestine, and those who called attention to Israel’s abuses during this war — was used to silence criticism of Israel and of U.S. foreign policy. Some American Jews went so far as to call for the deportation of students protesting the war.

A ceasefire doesn’t change any of that. It can’t.

I have hopes for this ceasefire. At best, it will allow people — Israelis and Palestinians and, yes, diaspora Jews — to chart a new, better course going forward. But it almost certainly will not do that if we delude ourselves into thinking of this as a victory or a kind of tabula rasa, as though the lives lost and hate spewed are all behind us, forgotten, atoned for. The last two years will never not have happened. What happens next depends on all of us fully appreciating that.

The post I know exactly why leftists aren’t celebrating this ceasefire appeared first on The Forward.

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University of Sydney Suspends Staff Member After Viral Video Shows Verbal Assault on Jewish Students During Sukkot

University of Sydney staff member verbally assaulting Jewish students during a Sukkot celebration on campus. Photo: Screenshot

The University of Sydney has suspended a staff member after a viral video showed her verbally assaulting Jewish students and teachers during an on-campus holiday celebration, sparking public outrage over one of Australia’s latest antisemitic incidents.

In a video widely circulated on social media, a university staff member — reportedly of Palestinian Arab background — is seen approaching a group of Jewish students and teachers during a campus holiday celebration, shouting antisemitic insults at them.

The incident has sparked public condemnation and renewed calls for stronger action against rising antisemitism on college campuses, as the local Jewish community faces an increasingly hostile climate and a surge in targeted attacks across the country.

During a Sukkot celebration organized by the Australian Union of Jewish Students (AUJS) on campus, attendees — including students, teachers, and the university’s rabbi — were approached by a woman who asked them, “Are you Zionists?” while they gathered to participate in the annual Jewish festival.

“A Zionist is the lowest form of rubbish. Zionists are the most disgusting thing that has ever walked this earth,” the university staff member can be heard saying.

She then identifies as an “Indigenous Palestinian” and continues hurling antisemitic insults at the group, calling them “child killers.”

“You are a filthy Zionist,” she said. “You colonized us.”

University security personnel tried to intervene as the incident escalated, but the staff member refused to leave and continued filming the group.

The woman is then seen in the video pointing at the group and shouting to a security officer: “Look at this rubbish, look at these parasites.”

University of Sydney Vice-Chancellor Mark Scott announced that the staff member had been suspended pending further investigation and offered a personal apology to the affected Jewish students and staff.

“We’re disturbed and appalled by the vision that depicts verbal abuse and harassment on campus,” Scott said in a statement. “Such conduct is utterly unacceptable, and we are taking immediate action under our codes of conduct, including suspending a staff member involved pending further assessment.”

“Hate speech, antisemitism, and verbal harassment have no place on campus, online, or in our wider community,” he continued. “We deeply apologize to any staff, students, or visitors who are distressed or impacted by this incident in any way.”

University officials referred the incident to New South Wales Police, who have opened an investigation into the matter.

The Executive Council of Australian Jewry (ECAJ) strongly condemned the incident, calling for swift action and prompt intervention by the authorities.

“This is the real face of antisemitism in Australia today. It hides behind an anti-Zionist mask,” the statement read. “This woman aimed to intimidate, threaten, offend, and humiliate a group of Jewish students just because they were Jewish.”

Antisemitism spiked to record levels in Australia — especially in Sydney and Melbourne, which are home to some 85 percent of the country’s Jewish population — following the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.

According to a report from ECAJ, the country’s Jewish community experienced over 2,000 antisemitic incidents between October 2023 and September 2024, a significant increase from 495 in the prior 12 months.

The number of antisemitic physical assaults in Australia rose from 11 in 2023 to 65 in 2024. The level of antisemitism for the past year was six times the average of the preceding 10 years.

Since the Oct. 7 atrocities, the local Jewish community has faced a wave of targeted attacks, with several Jewish sites across Australia subjected to vandalism and even arson amid an increasingly hostile climate.

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