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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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Jews cared more about Israel and antisemitism this election – but it didn’t change their votes much, exit poll shows
Jewish voters overwhelmingly backed Democrats in Tuesday’s midterm elections, even as concerns about Israel and antisemitism played a growing role in their political decisions, according to a new exit poll published on Thursday.
The GBAO Strategies survey of 800 Jewish voters found that 72% of Jewish respondents supported Democratic candidates for Congress, compared with 24% who voted Republican. The poll, sponsored by J Street, a progressive pro-Israel, pro-peace advocacy group, was conducted via text message from Oct. 28 to Nov. 3 and had a reported margin of error of plus or minus 3.5 percentage points.
The Democratic share was slightly lower than in previous midterm elections, when Democrats received 74% of the Jewish vote in 2022 and 76% in 2018. In the 2020 presidential election, 77% of Jewish voters backed Joe Biden, according to GBAO’s polling. These findings differ from a national NBC News exit poll, which found that 68% of Jewish voters supported Democrats this year and 31% backed Republicans, compared with 78% who voted for Kamala Harris in 2024. (The national surveys used different methods, making it harder to say how preferences actually changed.)
Jim Gerstein, GBAO’s pollster and a Democratic campaign consultant, cautioned against reading too much into the change over time. “You’d have to squint really hard to try and see that that is a shift or anything really meaningful,” Gerstein told the Forward during a press briefing. He noted that Republican support also fell, from 25% in the 2022 midterms to 24% this year. Gerstein suggested that strong opposition to President Donald Trump during his first term, including during the COVID-19 pandemic, may help explain the higher Democratic numbers in 2018 and 2020.
He also noted that campaigns and outside groups have spent significantly more money targeting Jewish voters in the past two election cycles. “These are really negligible, and we don’t look at this as much shifting,” he said.
Even as Democrats regained control of both chambers of Congress, Republicans did appear to make gains among Jewish voters in some closely watched races amid a divide over U.S. support for Israel. Several outspoken critics of Israel won seats in the House, including five members of the Democratic Socialists of America. Abdul El-Sayed of Michigan and Troy Jackson of Maine, two new senators who made criticism of Israel a major part of their campaigns, also won highly contested races.
The exit poll suggests that disagreements over Israel have not fundamentally changed how American Jews vote.
The future of American democracy remained the top concern for Jewish voters, with 44% naming it as one of the two most important issues influencing their vote, followed by 34% who said the cost of living was among their leading concerns. But Israel and antisemitism became more important than in previous elections. Twenty-one percent named antisemitism as one of their top two issues, up from 11% in 2024. Israel ranked sixth, cited by 14% of voters, compared with just 4% in 2022.
Compared to previous elections, Israel and antisemitism moved up the list of priorities — 21% identified antisemitism as one of their top two issues, up from 11% in 2024. Israel was ranked six with 14%, compared with just 4% in 2022.
Gerstein argued that rising antisemitism and the debates over support for Israel serve as a basic test for candidates rather than the deciding factor in most elections. “I think we see candidates in both parties passing that threshold quite easily,” Gerstein said.
Asked which positions expressed by candidates during the campaign they agreed with most, 30% chose unconditional support for Israel, while 39% favored support tied to Israel’s compliance with American interests and values. Another 31%, including 60% of voters between the ages of 18 and 34, agreed with the statement that Israel has committed genocide and should no longer receive U.S. aid.
Orthodox voters, representing 9% of the sample, voted Republican by a 63-34 margin.
A Jewish split on Israel
The survey also found a Jewish electorate that itself is becoming more divided over Israel.
Thirty-nine percent said their sympathies in the Israeli-Palestinian conflict were primarily with Israelis, compared with 23% who sided with Palestinians. Another 38% sided with both. Among younger Jews, 49% said they sympathized more with Palestinians, compared with 20% who sided with Israelis.
A majority — 51% — said it supported continuing $3.8 billion in annual U.S. military assistance to Israel, while 49% opposed it. However, 44% also said arms sales should be conditioned on compliance with U.S. law.
Jewish voters showed greater agreement on how criticism of Israel should be treated and whether Israel’s policies directly impact them.
Sixty percent said Jewish organizations that label harsh criticism of Israel as antisemitic are using concerns about antisemitism to defend unpopular Israeli policies. About two-thirds said AIPAC’s spending against candidates critical of Israel increases antisemitism in the United States, while 80% said Israel’s actions in Gaza and the West Bank contribute to antisemitism. An overwhelming majority of 76% support sanctions against violent Israeli settlers.
The survey also found that 39% of Jewish voters, including 63% of those under 35, said that spending by AIPAC to defeat Israel critics this election cycle made them less likely to support candidates backed by the pro-Israel group.
Mamdani scores high
One of the more striking findings was that New York City Mayor Zohran Mamdani was more popular among Jewish voters nationwide than Israeli Prime Minister Benjamin Netanyahu, despite his criticism of Israel and strained relationship with some Jewish organizations.
The poll found that 49% of respondents viewed Mamdani favorably, compared with 43% who viewed him unfavorably. Netanyahu received a favorable rating of just 20%, while 72% viewed him unfavorably. That marks a 12% decline in two years for the Israeli leader, who is struggling to form a government after the last Israeli election ended in deadlock.
In an interview with CNN Wednesday night, Mamdani pointed to his approach to governing as an example of how elected officials can represent Jewish voters even when they disagree with them on Israel.
“I represent the most Jewish city in the United States of America, and I know that there are some Jewish New Yorkers, for example, that may have a different set of opinions on Israel and Palestine as I do, and that doesn’t mean that I work any less hard to deliver for them across the board,” Mamdani said. “I think that’s the same truth for anyone who was elected last night.”
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Now that the election is over, can we stop dismissing everyone we disagree with by calling them ‘wrong’ or a ‘liar?’
I was walking to get a coffee on Election Day when a man screamed at me as he nearly ran me over with his bicycle. “Democratic Socialists aren’t Democrats!” he yelled.
After I regained my balance, I looked up. He turned back and called out to me a second time.
“It’s true, you know!” he said.
I scurried away. But his words — “true” and the assured “you know” — made me think about how language around American politics has come down to “truth” or “lies,” which leaves out a lot.
Maybe the simplicity of that thinking helped create a landslide.
Once it became clear that Democrats had triumphed, opinion writers frequently relied on the word “lie” to explain voters’ sudden seismic shift.
“Trump claims he kept more promises to American voters than he made. Like so many things he has said, that’s a lie, and voters punished him and his party for it,” Josh Barro wrote in The New York Times.
The problem with the theory that voters punished Trump for lying is that the man has been lying for decades, most famously about winning the 2020 election — which, of course, he lost.
He entered politics by lying about Barack Obama. So the real question is why Trump’s lies bothered people now.
Maybe a clue was in the language during the leadup to this election, and how it changed as the watershed results came in.
I don’t know about you, but I couldn’t help noticing that Israel was a hot topic that somehow disappeared on election night as journalists marveled that Mississippi was in play for a Senate seat while every kind of Democrat won — moderate, far-left, young, old.
But it didn’t seem that would happen a mere five days ago, in that other lifetime when former Speaker of the House Nancy Pelosi, during a discussion with podcaster Donny Deutsch, categorized debate over Israel as a fight between ‘right’ and ‘wrong.’
Back then, Michigan felt crucial, not one in a pile of Democratic wins. It was news that the elegant former speaker used the word ‘wrong.’
“When you say Israel doesn’t have the right to be a Jewish state, that’s antisemitic as far as I’m concerned,” Deutsch said, in reference to statements made by New York Mayor Zohran Mamdani and then-Michigan Senate candidate Abdul El-Sayed.
“It’s more than concerning,” Pelosi responded. “It’s wrong. It’s wrong. And it isn’t a reflection of the Democrats in the Congress of the United States.”
I flashed back to that one-syllable word — “wrong” — early Wednesday morning when, with El-Sayed’s victory, it seemed that, contrary to what Pelosi said, objecting to Israel’s existence as a Jewish state was apparently no longer viewed as categorically “wrong.”
Wrong vs. right
If objecting to Israel’s existence was “wrong,” then what was “right”?
Some Jewish politicians — like Michigan Attorney General Dana Nessel — told Jews to put their own concerns aside for the “needs of the world.”
“We have a moral imperative to place the needs of the world above even our own self-interest and, yes, even our own survival,” Nessel said, acknowledging that Jews faced a “stark choice” due to some of the comments made by Democrats.
After the election, anti-Israel commentators mocked Jewish politicians — and journalists.
Mehdi Hassan, founder of media company Zeteo, taunted Representatives Josh Gottheimer and Debbie Wasserman Schultz, along with CNN anchor Dana Bash, all Jewish. “He won,” Hasan said, calling El-Sayed a “left-wing Muslim anti-Zionist.”
“And so for all of you, I have two words — two words — cry more.”
The dismissiveness is the point
What got me about Hasan’s comments wasn’t just the hatred; it was the dismissiveness — as if all the existential worry within the Jewish community didn’t matter at all.
As if Nessel, who tried to find the “right” thing to do in a time when lies from the leader of the free world — not to mention violence against immigrants, humiliating comments toward and threats against brave Ukrainian leader Volodymyr Zelenskyy, and fleecing the United States in one of the biggest cons in history — meant asking her fellow Jewish Democrats who worried about Israel and attacks on their own local synagogues to ignore their own inner voice.
In its post-midterms statement, the Anti-Defamation League used the word “dismissed” with regard to Jewish Americans’ concerns — on a night when some candidates proved that ignoring Jews’ worries is not a barrier to electoral victory.
“Antisemitic rhetoric and scapegoating fuels hatred and can lead to harassment, threats and violence. In too many places, Jewish Americans’ concerns about this were overshadowed by competing priorities or dismissed outright,” the statement read.
Hmmm, I thought thinking about what that bicyclist had yelled at me: “You know it’s true.”
But I can’t help thinking that I don’t know what’s true; none of us know yet why so many voters finally dumped Trump.
I do, however, think that the framing given by the bicyclist, so convinced he knew what was and wasn’t true, and the dismissiveness problem, are related. That’s because the easiest way to dismiss another person’s thought process is to say “that’s a lie.”
I don’t know what’s worse — to be called a liar, or to be ignored — but amid all the celebration, I fear many in the Jewish community may soon find out.
In the months ahead, I’ll be listening for dismissiveness. I’ll be watching the distance between truth, lies, right, wrong, and “cry more.”
And I’ll notice when anyone — whether they’re a screaming bicyclist, journalist, or a politician — tells me I should already know what the truth is.
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I’m glad El-Sayed won – but I wish he’d lost
The election of Abdul El-Sayed is my least favorite dream to come true.
I’m glad he won the race for senator because, along with a clear majority of Americans, I believed it was time to elect a Congress and Senate that would serve as a check on the presidency and put forth policies to repair our struggling country.
If I lived in Michigan, I would have voted for him for that reason. But as Election Night wore on and it became clear Democrats and independents had won a comfortable majority in the Senate, I hoped El-Sayed would lose.
Judging by the post-election surveys, I’m not the only Jew who felt this way. El-Sayed won about 60% of the Jewish vote. But he ran about 20 points behind Jocelyn Benson, the Democratic candidate for governor, with those same voters.
They didn’t flee the Democratic party, but they did show less enthusiasm for El-Sayed. In my case it had nothing to do with the fearmongering over his religion or family. (The Republican Jewish Coalition called El-Sayed, “the most antisemitic U.S. Senate candidate in America.”).
My problem was that El-Sayed too often mirrored the toxic politics of his opponents. He aligned himself with Hasan Piker then offered tepid, tardy disavowals of the popular streamer’s extremism. I criticized President Donald Trump for doing the same with the Proud Boys, David Duke, QAnon and the Holocaust denier Nick Fuentes.
And, like Trump, El-Sayed lied, constantly telling Michiganders that their schools and hospitals were underfunded because the government sent the money to Israel instead. He’s a smart man who knows that aid money amounts to .05% of the federal budget, is mostly spent in America and is hardly the reason for underfunded education.
But he repeated the lie in his victory speech Tuesday night. “We want our taxes spent here,” he said, “for schools here, and healthcare here, and infrastructure here. We don’t want our money sent to do apartheid, or genocide, or war.”
Sound familiar? “This tsunami of Illegals has destroyed Americans’ Public Schools, Hospitals, Parks, Community Resources, and Living Conditions,” Trump wrote on Truth Social last year.
How is a Democratic candidate who scapegoats the Jewish state for the ills of Flint any different than a Republican who blames crime on Haitians, fraud on Somalis and bad schools on Mexican immigrants? Both invite hate and divert attention from real solutions. When El-Sayed points at Israel as the cause of Michigan’s problems, the blame falls on American Jews, Haile Soifer, chief executive of the Jewish Democratic Council of America, pointed out during the race.
The least surprising twist in the dramatic campaign was when Tucker Carlson endorsed El-Sayed — both men push a simple theory of who’s to blame for America’s ills.
But as much as I would have preferred to win without El-Sayed, his election is far from the nightmare many American Jews fear.
He is one senator out of 100, and one Democratic senator out of 54, or 56, depending on the Mississippi and Alaska races.
El-Sayed will soon learn that accomplishing the things that are most important to Democratic voters — universal health care, campaign finance reform and affordability — has nothing to do with Israel.
Trump, on Election Day morning, helped politicians in both parties by announcing an end to U.S. aid to Israel. It’s unclear how that putative end will look in fact, but what’s certain is that as the U.S. and Israel redefine their relationship, El-Sayed and others in both parties who have been fervent critics of that aid will have to say what they’re for, not just what they oppose.
In a pre-election interview with the New Yorker, and elsewhere since his victory, El-Sayed said he wants a process that offers peace and self-determination to Palestinians and the “Jewish Israeli people.”
That’s a promise that the 40% of Jewish voters who didn’t back him — and the majority who did — should hold him to, and work beside him to help make happen. The Jews who stuck with El-Sayed have especially earned that right.
“Political coalitions that grow and endure can only be built when we join with those with whom we have real – even profound – disagreements,” wrote Jeremy Ben-Ami, founder of the liberal Zionist lobby J Street, following the election.
On the campaign trail, El-Sayed’s anti-Israel rhetoric clearly resonated with some core constituencies. Inside the Senate, where moderate Democrats are a majority, El-Sayed will find a constituency for pragmatic steps to moving Israelis and Palestinians in that direction.
And that would indeed be a dream come true.
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