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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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This Toronto street corner has been a site of anti-Zionist activism for months. Police just opened a hate crime investigation.
The Toronto Police Service hate crimes unit is investigating teacher Abbas Hamze for remarks about “Zionists.” Canadian Jewish groups, including the Jewish Federations of Canada’s advocacy arm and B’nai Brith Canada, have called his speech, which went viral online, “blatant antisemitism.”
Hamze’s remarks invoked antisemitic tropes, accusing “Zionists” of performing “black magic” as well as raping and killing children. He spoke at the intersection of Bathurst and Sheppard, in the heavily Jewish Toronto neighborhood of Bathurst Manor – Clanton Park.
According to his LinkedIn, Hamze works as an instructor at several Canadian colleges in the area, including the University of Niagara Falls and Georgian College. He does not specify what he teaches.
Hamze could not be reached for comment. The University of Niagara Falls and Georgian College did not respond to requests to comment, and the Toronto Police declined a request for comment.
UNF issued a statement addressing Hamze’s remarks, distancing the university from the instructor’s statements and stating that they have “zero tolerance for discrimination, hate, harassment, or any conduct that threatens the dignity and well-being of others.” They announced that they are “launching an internal investigation” into the matter.
In his speech, Hamze claimed that “British colonizers have planted this cancerous, false Zionist state of Israel … right in the heart of Islam.”
Later — wearing a keffiyeh and reading from his phone into a megaphone emblazoned with the Lebanese flag — the instructor repeated numerous antisemitic conspiracy theories, including the debunked idea that Jews have caused or deserved centuries of persecution.
“The Zionists have never had a country of their own because of their mischief,” Hamze said. “They are the most kicked-out people in the world who are making black magic and horrible things.”
He went on to say that Jewish corruption is “crystal clear in Epstein Island where they have the Jewish leaders from all around the world.” He accused “Zionists” of having “raped, and killed, and ate children at the same time.”
Finally, he unfoundedly blamed the actions of President Donald Trump on “Zionists” who “blackmail” and “control” people.
“That’s why you can see now a guy like Trump who caused this genocide in Gaza kidnaps the presidents of Venezuala, kills the supreme leader of Iran Imam Ali Khamenei, may God sanctify his soul,” he said. “This is because of them, the terrorist Zionists.”
It appears that people became aware of Hamze’s remarks after Casey Babb, an Israel and International Relations scholar, posted a video of him on X.
In a joint statement, Canadian Jewish groups described Hamze’s claims as “antisemitic blood libels that have been used for centuries to justify hatred and violence against Jews.”
The statement says that the intersection where Hamze spoke, Bathurst and Sheppard, has long been a site of “antisemitic harassment, intimidation and provocation, too often under the guise of anti-Zionism,” and called on Toronto’s police department to investigate the incident.
“Allowing this behaviour to go unchecked is to normalize antisemitism as an everyday feature of life in this city,” it stated.
The city’s police have opened an investigation. However, online, some said that Hamze had been speaking at the street corner for months without police intervention.
In Canada, public incitement of hatred is considered a criminal offense. The Canadian criminal code says that “communicating statements in any public place” that “incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace” is a breach of law, resulting in up to two years in prison.
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West Elm’s Russ & Daughters merch did something their in-house line could never
Figuring out one’s Judaica vibe can be a challenging endeavor for those of us who don’t have tastes in line with the colorful stained glass or embossed silver aesthetics that tend to dominate the category. Newer designers have introduced some minimalist options, but that’s also not really for me.
But for those of us with a tendency toward the whimsical or kitsch, furniture retailer West Elm is coming to the rescue with two new collections, geared toward the High Holidays and Hanukkah.
There’s a Russ & Daughters collaboration of blue-and-white ceramics, featuring serving platters with handpainted designs such as a fish or latkes, trinket trays with pickles and more fish, simple Delft-colored dinnerware and napkins with little cutlery printed in the corners.
And, separately, in an apparent attempt to capitalize on the Jewish market, West Elm also released a set of their own plates, bowls and tea towels printed with colorful “deli favorites” — pickles, brisket, hamentaschen, black-and-white cookies, and the like.
The concepts are pretty similar; both lean into the idea of decorating plates with food objects that may or may not be the food you actually put on them.
I do admittedly already have a large blue-and-white platter with a fish painted on it that I find charmingly eclectic, and just as suitable for serving foods that are not of the oceanic persuasion as it is for foods that are indeed from the briny deep. So I’m not inherently opposed to the concept. But I don’t feel as good about the in-house West Elm Jewish designs, like a bowl with a sort of mushy depiction of matzo balls at the bottom. Imagine eating anything else out of that. Honestly, imagine eating matzo ball soup out of it. It seems disorienting.
Everyone’s tastes vary, and if you want to eat a salad off of a plate with a colorful brisket sandwich painted on it, be my guest. But I think the Russ & Daughters offering is the better of the options. For the most part, the collection stays on the artful side of kitsch largely thanks to the simplicity of the designs and the color scheme. And, more importantly, the internal logic seems actually Jewish. The pieces are useful — perhaps with the exception of the latke platter — for multiple Jewish occasions. The matchbox with a challah on it may feel a bit random at first glance but it does conjure an image of lighting candles on Shabbat, and there are matching candle holders. The art kind of evokes Marc Chagall.
The West Elm deli hits sets on the other hand — which are separate from their collab with the iconic Lower East Side deli — feel as though they’re screaming their Jewishness. The tea towel mixes together hamentaschen and sufganiyot (or possibly a bagel, it’s hard to tell) on the same piece of cloth, despite the fact that these desserts correspond to different holidays. The drawings are cute, but the overall effect is frantic, like someone dumped every Jewish food they could name onto the same page and sent it off to the printers. It’s giving Target Rosh Hashanah decorations — the sort that have a menorah alongside the apples and honey.
A few years ago, Crate and Barrel had Jewish lifestyle influencer Rebecca Lowin curate a Hanukkah display, but it was done using items the store already carried in white, blue and silver; only the menorah was specifically Jewish. Now, a similar home decor store is creating entire lines catering specifically to Jewish holidays and culture. That’s a sign of an increased mainstream embrace of Jewish culture, and that’s a good thing — it wasn’t so long ago that it wasn’t possible to find much public recognition of the existence of the High Holidays, and every attempt featured a hanukkiah with the wrong number of branches or a loaf of challah for Passover. Today, if Jews want twee merchandise — and no judgment — there’s plenty. There are even Hanukkah gnomes, if your taste runs to that.
But there’s still a dearth of decor that feels elegant and thoughtful, instead of try-hard. Decor that feels actually rooted in Jewishness, instead of like a Jewish gloss on something that’s really for another holiday. The Russ and Daughters collaboration is rooted in actual Jewish history. Even if you don’t like a fish motif as much as me, that’s a step in the right direction.
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Sephardic and Mizrahi groups accuse New York Magazine of erasing Middle Eastern Jews. The editor-in-chief agreed to a meeting.
As editors of New York Magazine dug in their heels this week, defending the magazine’s viral “Habibi City” package published earlier this month, 14 Sephardic and Mizrahi Jewish organizations delivered an open letter on Monday night, accusing the magazine of erasing Middle Eastern Jews from its coverage.
On Tuesday, Editor-in-chief David Haskell invited them to meet in September, saying he wants the magazine’s coverage to reflect the multitude of perspectives in the region.
In addition to asking for a meeting, co-signers of the letter, convened by JIMENA (Jews Indigenous to the Middle East and North Africa), asked the magazine to acknowledge what they call the package’s exclusionary framing and provide more representative coverage of Sephardic and Mizrahi Jews going forward.
The dispute centers on the magazine’s August issue about the city’s burgeoning Southwest Asian and North African cultural scene known as SWANA. The package explores restaurants, cafes, cultural collectives and dance parties, tracing much of their growth to the war in Gaza that followed theHamas-led attacks on Israel on Oct. 7, 2023.
“Out of that resistance,” the magazine writes, “a cultural ecosystem started to bloom.”
This week, the magazine published a statement standing by its use of the term genocide to describe Israel’s actions in Gaza, adding that “accusations of antisemitic intent were in fact obfuscating an overwhelming scholarly consensus, and that its use would be allowed in our pages.”
The open letter did not address the use of that term. Instead, it addressed the article’s framing.
The package describes membership in SWANA community in political terms.
“To be in SWANA community,” one article says, means “embracing a set of shared beliefs: that Palestinians deserve human rights. That what happened in Gaza in the aftermath of October 7 constitutes a genocide. That social justice and social welfare override capitalist concerns.”
The same article describes the place of Israelis within SWANA culture as “complicated,” in part because of the term’s “political framework.”
It also says SWANA New Yorkers “face xenophobia, Islamophobia and Zionism” in the city — language that drew particular ire from the coalition and online critics.
According to the letter, New York Magazine’s framing turns SWANA from a geographic and cultural identity into an ideological one, excluding many of New York’s Jews from the Middle East and North Africa unless they reject Israel — the country where many of their families found refuge after fleeing persecution and discrimination elsewhere in the region.
“A Mizrahi Jew whose grandparents were born in the region, expelled from their country of origin, and who carries the region in her language, liturgy, and kitchen belongs only upon disavowal of the movement through which her family survived,” the letter reads.
As the letter puts it, for a great majority of Sephardic and Mizrahi Jews to be represented “as we actually are” means representing them as Zionists.
The letter also faults the package for invoking Oct. 7 repeatedly without acknowledging the atrocities committed that day and erasing the region’s non-Muslim populations.
“When we read ‘Habibi City,’ we immediately saw that this wasn’t something one organization should answer alone,” Sarah Levin, JIMENA’s executive director told the Forward. “The feature made claims about who belongs in contemporary Middle Eastern and North African and ‘SWANA’ communities in NYC, so the response needed to come from the breadth of the communities being written out.”
After she read the package, she began contacting other Sephardic and Mizrahi organizations about writing an open letter. Within four days, all 14 organizations had signed on.
“Iranian, Iraqi, Syrian, North African and Sephardic communal organizations almost never act in concert, and they’ve united around one argument,” Levin said.
Signatories include the American Sephardi Federation, the Iranian American Jewish Federation of New York and the Jewish Community Relations Council of New York.
Levin said the groups had little difficulty reaching consensus. “When the argument is, ‘We exist, and we will not be defined out of our own region,’ there isn’t much for our communities to debate.”
What concerned Levin most, she said, was the size of New York Magazine‘s audience and cultural reach. The Pulitzer Prize-winning bi-weekly magazine boasts reaching 1.8 million readers each week.
“When a magazine that shapes American culture tells millions of readers that belonging to the Middle East requires renouncing Zionism, that is not a small thing,” Levin said. “That is why we responded the way we did.”
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