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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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Many American Jewish groups throw support behind joint US-Israeli strikes on Iran
(JTA) —
Major American Jewish groups quickly backed the U.S.-Israel strikes on Iran Saturday morning, while urging heightened security at Jewish institutions amid fears of retaliation.
The strikes, which were billed by both President Donald Trump and Prime Minister Benjamin Netanyahu as an effort to topple the Islamic Republic regime that has long targeted Israel, follow weeks of stalled diplomacy between the United States and Iran over its nuclear program that failed to produce an agreement.
The American Jewish Committee quickly threw its support behind the United States and Israel Saturday morning, writing in a statement that the “responsibility for this crisis lies entirely with Tehran.”
“The world will be a safer place when the threat of the Iranian regime’s illicit nuclear and missile programs, along with the IRGC, is dismantled once and for all,” the AJC said. “We hope today’s military action is a decisive step toward fulfilling that vital mission.”
In a post on X, the Anti-Defamation League wrote that it “stands with the United States, Israel and the Iranian people, who deserve dignity and freedom from a regime that murders its own citizens.”
The strikes also follow large-scale nationwide protests in Iran last month over its economic crisis and widespread calls for political change, which were met by a violent government crackdown.
The Jewish Federations of North America wrote that it will “pray for the success of the joint United States and Israeli actions in Iran,” simultaneously urging Jewish communities in the United States to maintain security protocols.
“All security protocols in North America should be fully observed. May this moment bring a renewed understanding of our shared responsibility for the future of the Jewish people and the free world,” Eric Fingerhut, the CEO of the Jewish Federations of North America, said in a statement.
Following Saturday morning’s attacks, the Secure Community Network “urged continued vigilance across Jewish communities.” In the wake of Israel’s strikes on Iranian nuclear sites last June, Jewish security groups also warned Jews abroad to remain vigilant, as Iran has a track record of violence against Jewish and Israeli targets abroad following military setbacks on its home turf.
“Relevant national organizations and Jewish security professionals remain in close coordination, including with institutions, to monitor developments, share timely information, and strengthen protective measures, particularly in light of Shabbat services and upcoming Purim gatherings,” SCN wrote in a post on X.
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US-Israel attack on Iran aims to topple regime
The United States and Israel launched a major attack on Iran early Saturday, with U.S. President Donald Trump declaring his intent to overthrow the regime of Iranian Supreme Leader Ali Khameini.
In a video statement released by Trump, he address the Iranian people directly. “Bombs will be dropping everywhere,” he said. “When we are finished, take over your government. It will be yours to take. This will be probably your only chance for generations.”
In Israel, Prime Minister Benjamin Netanyahu echoed Trump, describing Iran as an “existential threat,” and encouraged the Iranian people “to seize their fate” and overthrow the regime.
In the hours since the attack, explosions have been reported across Tehran and multiple military facilities. State news is also reporting an Israeli strike on a girl’s school has killed more than 50 people, with eyewitness footage showing the school partially destroyed and smoldering.
Israel remains on high alert, with residents who have access to shelters bracing for potential attacks.
Elsewhere in the region, Iranian attacks have been reported in Jordan, Iraq, the United Arab Emirates, Saudi Arabia, Bahrain and Qatar. Footage circulating on social media appears to show successful Iranian strikes near the center of Abu Dhabi in the UAE, as well as a US naval base in Manama, Bahrain.
Conflicting reports are emerging regarding high-profile Iranian leaders, with one unnamed Israeli official telling N12 News, “We’ll fall off our chair if Khamenei makes a statement live. According to the assessment, he is ‘no longer with us,’ but we are waiting for final confirmation.” Separately, three sources have told Reuters that Iranian Defense Minister Amir Nasirzadeh was killed in a strike. Neither report has been confirmed at the time of writing.
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Israel and US go for regime change in Iran, with leaders few trust
TEL AVIV, Israel — We were woken just after 8 a.m. by a siren, followed within minutes by the notification that there were in fact no incoming missiles. It appeared the government had decided to use the alert system as a kind of national alarm clock, to let the country know that the war had begun. For the second time in nine months, Israel had attacked Iran. This time it was in coordination with the United States.
Within the hour we had already been sent to the shelter by an actual missile alert. By midday, we would make that trip five times. The country, as far as one can tell from the stairwells and the WhatsApp groups, is stoic. Irritated, tired, but stoic. This is absurd, people say, but they lace up their shoes and head downstairs anyway. Or to the reinforced safe rooms that the lucky few have.
The arguments for this round of conflict are not, on the surface, overwhelming. After the 12-day war in June, Prime Minister Benjamin Netanyahu declared that Iran’s nuclear and ballistic missile programs had been set back for many years, that the major threat to Israel’s existence had been removed. President Donald Trump, after American B-2 bombers joined on the final day, spoke repeatedly of the nuclear threat being “obliterated” at Fordo, Natanz and Isfahan. He bristled at intelligence assessments suggesting otherwise.
There has been little public evidence that Iran rebuilt that threat in the interim. Netanyahu said around midday Saturday in a recorded radio address that Iran’s new capabilities were being placed underground. Trump, meanwhile, demanded that Iran forswear nuclear weapons; but Tehran has long said it does not seek them, even as it enriched uranium to levels with no civilian justification. No one believes them. But they have been saying it.
In the shelter, I had time to contemplate all this with the same cast of neighbors I got to know rather well in June.
The divorced lawyer and her boyfriend. The mathematics divorcee with her enormous dog, which takes up the space of two folding chairs. The sweet elderly couple who sit holding hands, as if the room were a train platform and they might be separated. The religious French family from upstairs preparing to celebrate a son’s 18th birthday; the mother, improbably, in her finest dress at 9 in the morning. Everyone bleary-eyed. Everyone attempting humor. Some trepidation, but not much.
At one point a commotion erupted. Someone had noticed that a shop in the building had installed an air-conditioning unit in such a way that it partially blocked the emergency exit from the underground shelter. The prospect of being herded underground because of missiles while potentially trapped was not exactly welcome. My wife calmly announced she would deal with the management company first thing Sunday morning. I know her. She will.
It is in rooms like that that the big questions feel both distant and unavoidable. Why now? If the programs were truly crippled in June, what has changed? One possible answer lies not in centrifuges but in politics.
Trump had boxed himself in last month when he told Iranian protesters that “help is on its way.” Thousands, perhaps tens of thousands, took him at his word and were killed by the regime’s goons. Trump took heat for having encouraged them and then done nothing. He looked ridiculous, and — to paraphrase The Godfather — a man in his position cannot afford to look ridiculous.
In the interim, the U.S. steadily built up an armada in the region. Ships and planes accumulated in a way that was slow, but deliberate and ultimately overwhelming. It began to look like the kind of force that was not likely to go unused.
The more reasonable argument for assuming the risks of war — casualties, disruption in the oil markets, escalation and so on — is regime change. That idea has a grim history. It rarely works as intended. It is unpredictable, destabilizing, morally fraught. The record in the Middle East is not encouraging. The legal right to do it is debatable at best.
But there are exceptions, and the Islamic Republic, in its 47 years, has made a compelling case for being one.
Its internal repression is ferocious. Protesters are shot or imprisoned in numbers that make gradual reform a fantasy. Short of a palace coup, the Iranian people have little chance of dislodging their rulers on their own.
Moreover, Iran has destabilized the region for decades through proxy militias trying to spread jihadism: Hezbollah in Lebanon, the Houthis in Yemen, Shiite militias in Iraq, Palestinian Islamic Jihad and Hamas. Hezbollah helped prop up Bashar al-Assad’s regime in Syria. Hamas’s Oct. 7 attack ignited a war that left tens of thousands dead in Gaza and over a thousand murdered in Israel. Not every evil in the region can be laid at Iran’s door, but a significant share can, and much of it has victimized fellow Muslims.
There is a wide consensus in Israel that the Iranian regime is a menace. Many Israelis believe that if it fell, it would be good for Israel and good for the Iranian people. They harbor a romantic notion that a democratic Iran would become a partner, even an ally, and that ordinary Iranians would thank Israel for helping to bring about that outcome. Whether that is naive is another matter, but the distinction between regime and people is real in the Israeli mind.
And in what was perhaps the only surprise of the day — for the attack itself was widely telegraphed — Trump set regime change as the true aim of the operation in his comments announcing the strikes. In his characteristic rambling, self-congratulatory style, he urged Iranians to take over their government — and catalogued the crimes of the regime, going all the way back to the 1979-80 hostage crisis at the U.S. embassy in Tehran.
This from a man whose National Security Strategy, released in December, downplayed democracy promotion, and who has shown little affection for liberal norms at home or abroad. Many assumed he wanted only some agreement he could spin as a win — yet he instead seems intent on transforming Iran.
Might regime change actually work? Without a ground invasion — which is neither contemplated nor remotely plausible — the odds seem low. Authoritarian systems are designed precisely to absorb shocks. Enough of the regime would have to be symbolically and practically shattered — key figures eliminated, command centers wrecked, the aura of invulnerability broken — that mass protests resume at a scale the authorities cannot contain.
The calculation appears to be that sustained external pressure, combined with visible regime weakness, could tip internal dynamics. A military already stretched by external attack might find itself unable, or unwilling, to suppress millions in the streets. What follows would not be a popular revolution in the romantic sense but something closer to a palace coup: factions within the system deciding survival requires abandoning the clerical leadership.
Trump’s rhetoric suggested precisely this. His call for the Revolutionary Guard to stand down, coupled with promises of amnesty, is an attempt to split the regime from within, to persuade those with guns that their future lies in defecting rather than fighting. It could work — because that is how hated the regime actually is.
It would have been better for any such action to have gotten the green light from the United Nations Security Council. But — even beyond Trump’s disrespect for the organization — that body is paralyzed by the veto power of Russia, Iran’s sometimes ally.
Moreover, all of this would be easier to deal with if the leaderships in Israel and the U.S. were trusted at anywhere near a normal level. But we are dealing with Trump and Netanyahu.
Trump, it need hardly even be said, has made dishonesty a kind of performance art. He is the most determined dissembler to ever hold the American presidency, as far as I can tell. It has become something of a joke, in America and across the world. In a moment like this, it is not a joke. So in a crisis that could reshape the region, there is no reliable way to know if his claims are true.
Something even worse can be said of Netanyahu, who is on trial for bribery and trailing badly in the polls ahead of elections that must be held by October and could come sooner. It is axiomatic for many Israelis that he would do anything to cling to power, including starting another war.
So these two men, each viewed by large portions of their publics as self-interested and manipulative, now preside over a conflict that could be ruinous.
And yet there is another astonishing layer. Trump, who has damaged the standing of the U.S., abandoned Ukraine, expressed admiration for Russian President Vladimir Putin and rattled NATO with talk of seizing Greenland from Denmark, may be on the verge of a historic achievement. If the Iranian regime were to fall with American assistance, it would rank among the most consequential geopolitical events of the past half-century, perhaps second only to the collapse of Soviet communism. Oddly, I am old enough to have witnessed that as well, as a correspondent for the Associated Press.
Back in the shelter, there is a massive improvement relative to June: Wi-Fi has been installed, thanks to my tireless wife. The dog is still panting, the elderly couple still holds hands, the air-conditioning unit still blocks the exit, the French mother is now checking her phone between sirens.
It is possible to feel two contradictory things at once. This might be a reckless, perhaps even insane action launched by unworthy leaders. And it might, just possibly, change everything for the better.
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