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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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New York Jewish leaders at menorah lighting call for solidarity and pride after Bondi Beach Hanukkah attack
(New York Jewish Week) — Rivkah Rothschild was on her way to a public menorah lighting in New York City on Sunday evening when she decided to recite a specific Jewish prayer to herself.
“I actually said Shema Yisrael, which is the prayer that we say before passing away, just in the taxi coming over, just in case there were any terrorists here,” said Rothschild just after the event.
An attorney in Midtown East, Rothschild was planning to skip the menorah lighting at Carl Schurz Park until Rabbi Ben Tzion Krasnianski, the executive director of the Chabad Lubavitch of the Upper East Side, asked her and her fellow community members to come out following the deadly shooting at a Chabad Hanukkah party in Sydney, Australia.
“I think we all are very shaken. We’re devastated by the news of what happened today in Sydney, Australia. All our hearts are all broken for the people that are suffering what they’ve experienced there,” said Rothschild. “I was fearful when I made the decision that I’m coming.”
The menorah lighting just outside of Gracie Mansion, which was hosted by the UJA-Federation of New York, Chabad of the Upper East Side and Kehilath Jeshurun, was one of dozens that took place across New York city to mark the first night of Hanukkah.
Hundreds of people crowded together on the ice-covered promenade of the park, enjoying sufganiyot and latkes, as sorrow and determination hung in the air.
“It was a very unified spirit and a strong energy, a resolute energy, an energy of conviction, determination,” said Rothschild following the event. “In my study of history, when Jews are in danger, we usually do three things. None of them work. We appease, we flee and we ignore. We’re not doing any of that now.”
Despite the attack, which killed 15 people and injured dozens more, Chabad officials and Jewish leaders across the country urged for planned Hanukkah celebrations to move ahead with added security measures.
“Out of an abundance of caution, the NYPD has significantly increased security around Hanukkah celebrations, menorah lightings, and Jewish houses of worship across all five boroughs,” wrote NYPD Commissioner Jessica Tisch in a post on X. “New Yorkers will see an enhanced uniformed presence, specialized patrols, counterterrorism resources, and additional protective measures deployed where appropriate.”
Indeed, over a dozen New York police officers and members of Chevra Hatzalah, the New York-based Jewish ambulance service, could be seen on the outskirts of the crowd as Hanukkah songs blared over the speakers.
Prior to the lighting of the menorah, which sat raised above the crowd, several rabbis, Jewish leaders and city officials gave speeches where they urged the crowd to counter the attack in Sydney by being proudly Jewish.
The incoming comptroller of New York, Mark Levine, who urged Jewish New Yorkers to attend menorah lightings earlier in the day, told the crowd that none of the public Hanukkah events throughout the city had been cancelled and that “turnout has been off the charts.”
“We are aspiring now to be modern-day Maccabees, this is who we are in New York City,” said Levine. “To those who hate us, know that we are not going anywhere. We will not let you intimidate us, not here in this park, not in front of Park East Synagogue, not in our schools, not in our subways, nowhere.”
Julie Menin, a Jewish politician who declared victory last month in the race for City Council speaker, told the children in the audience that “this too shall pass and things will be brighter.”
“This is an incredibly difficult day for the Jewish community, and it is really only by coming together and celebrating the fact that we are Jewish, that we are lighting the menorah tonight, that we are lighting the candles in the darkness, that we are going to heal, and it is only through education that we are going to fight antisemitism,” said Menin.
Throughout the speeches, many leaders also took aim at the increase in antisemitic rhetoric that has proliferated around the globe over the course of the war in Gaza.
Some also specifically decried the use of the phrase “globalize the intifada,” a common pro-Palestinian slogan that Mayor-elect Zohran Mamdani declined to condemn during his campaign. He later said he would discourage its use.
“We are shocked and heartbroken about what happened, but we’re not surprised,” said Hindy Poupko, the senior vice president of community organizing and external relations at UJA-Federation of New York. “After two years of people shouting on our streets ‘Globalize the intifada’ from New York to Sydney, words have consequences. The violent rhetoric must end, and we call on all of our leaders and our elected officials to condemn that rhetoric.”
Rabbi Chaim Steinmetz, the leader of the Orthodox Congregation Kehilath Jeshurun on the Upper East Side, also directed his commentary to the use of the phrase.
“I need to make this very clear, because some don’t understand it. Globalizing the intifada is not an unfortunate phrase, it’s not something to be discouraged, globalizing the intifada is a call to murder,” said Steinmetz. “It’s time for us to tell the truth that this anti-Zionism has led to the death of Jews in Boulder, in Washington D.C., in Leeds and in Sydney. It’s time to say that anti-Zionism kills Jews.”
The alleged attackers in Sydney may have pledged allegiance to the Islamic State terrorist group, according to news reports out of Australia. No reports have suggested that they made any specific comments during the attack.
In an extensive post on X Sunday, Mamdani condemned the attack and reiterated his commitment to “work every day to keep Jewish New Yorkers safe.”
“This attack is merely the latest, most horrifying iteration in a growing pattern of violence targeted at Jewish people across the world,” wrote Mamdani. “Too many no longer feel safe to be themselves, to express their faith publicly, to worship in their synagogues without armed security stationed outside.”
Also on the stage at Carl Schurz Park Sunday night was Rabbi Menachem Creditor, a scholar in residence and rabbi for the UJA-Federation of New York whose brother-in-law, Arsen Ostrovsky, was shot during the attack in Sydney.
“I asked him just an hour ago, what should I say to your sisters and brothers in New York as your brother? He said, darkness will never triumph. We will prevail,” said Creditor. “We have a long history of doing better than surviving, friends. We have come back from so much darkness.”
Ben Axelrod, a 30-year-old Jewish resident of the Upper East Side who was in the crowd Sunday night, said he had cried that morning when he learned the news of the attack, but did not feel deterred from coming to the menorah lighting.
“Because at the end of the day, this is not new, it is scary, but we have to keep moving for all those who passed, and we can honor their memory by continuing to be proud Jews,” said Axelrod.
Rena Tobey, a 66-year-old Jewish resident of the Upper East Side, said that she had not planned to come but decided to attend the menorah lighting after learning of the attack.
“This is about light increasing every night, and we have to know that candles are temporary, but we have to carry that light with us no matter what the darkness is in the world,” said Tobey.
Another Jewish attendee of the menorah lighting, who identified himself by his first name, Steven, said that he was not afraid to come to the event despite the attack.
“We’re a strong, vibrant community, and we’re proud of who we are, and it shows how strong and proud we are given the weather conditions that we all came out,” said Steven. “Once we start to feel fear, you’re giving in, and we don’t give in.”
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Father and son suspects in Bondi Beach Hanukkah attack identified as Sajid and Naveed Akram by law enforcement
(JTA) — Australian authorities have identified the two gunmen who unleashed a deadly shooting attack on a Jewish event at Sydney’s Bondi Beach as a father and son who are Pakistani nationals.
Sajid Akram, 50, was killed on the scene. His son Naveed Akram, 24, was shot and is hospitalized in critical condition.
ABC News of Australia reported that the country’s intelligence service had investigated Naveed Akram several years ago because of his ties to an Islamic State cell in Sydney. The news agency reported that investigators now believe both men had pledged allegiance to the terrorist group and that police had found an Islamic State flag in their car along with explosive devices.
The father and son had told family members that they were going on a fishing trip. Naveed Akram’s mother, Verena, told the Sydney Morning Herald that she had a hard time believing that her son was involved in Australia’s deadliest terrorist attack in decades.
“He doesn’t have a firearm. He doesn’t even go out. He doesn’t mix around with friends. He doesn’t drink, he doesn’t smoke, he doesn’t go to bad places,” she told the newspaper. “He goes to work, he comes home, he goes to exercise, and that’s it.”
Sajid Akram had a gun license and owned firearms legally, the local police commissioner in New South Wales, Mal Lanyon, said at a press conference on Monday. He owned six firearms, including long guns used in hunting, that were found at the scene and at a home searched as part of the investigation.
Australia tightened gun access after a 1996 mass shooting in Tasmania killed 35 people, but it did not outright ban private gun ownership. The changes enacted at the time had been credited with the country’s total lack of mass shootings since. Now, officials say they are ready to tighten access again.
“I think it’s time that we have a change to the law in relation to the firearms legislation in New South Wales, but I’m not ready to announce it today,” New South Wales Premier Chris Minns said on Monday. “You can expect action soon.”
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Actor-Director Rob Reiner dies at 78
Rob Reiner, who rose from an early career as a sitcom star to direct a run of film classics that included The Princess Bride and When Harry Met Sally…, has died at 78 along with his wife, Michele Singer, in what TMZ reported and Deadline confirmed was an apparent homicide, with wounds consistent with a knife attack.
Robert Reiner was born in the Bronx on March 6, 1947, to comedy writer, actor and director Carl Reiner, and mother actress mother Estelle (née Lebost). In interviews, Rob Reiner said his early upbringing resembled that depicted in The Dick Van Dyke Show, which his father created.
Describing his Jewish upbringing to JTA in 2017, he recalled his Yiddish-speaking grandmother, and his own Yiddish instruction. He described the experience as “home shuling.”
With a notable pedigree, Reiner distinguished himself, first in small TV roles and later as Michael “Meathead” Stivic in All in the Family, the bleeding-heart son-in-law of Archie Bunker. (Reiner, like his late father, was an outspoken progressive.)
In a 1994 interview with 60 Minutes, Reiner estimated he’d been called Meathead 1,241 times in that week alone.
But beginning in the 1980s, Reiner emerged as a director, debuting with an immediate comedy classic in 1984’s This is Spinal Tap, arguably creating the genre of mockumentaries — and starring as director Marty di Bergi.
While made with his friends, it was far from a lark. Reiner was immediately prolific, directing The Sure Thing, a modern update of It Happened One Night, the following year. Then the coming of age classic Stand By Me, based on a Stephen King short story, in 1986 and The Princess Bride in 1987, a streak of well-regarded films that, in their staying power, is virtually unrivaled in Hollywood.
Spanning genre from faux-rock doc to fantasy, Reiner proved his range almost immediately. When Harry Met Sally… hit theaters in 1989, Roger Ebert dubbed Reiner “one of Hollywood’s very best directors of comedy”— a compliment to remember given some of his later notices — and gave him the opportunity to cast his own mother in an instantly iconic punchline; his next film was Misery, another, more conventionally scary Stephen King adaptation.
Reiner’s career as a filmmaker saw the introduction of screenwriter Aaron Sorkin to the big screen (1992’s A Few Good Men), a famously maligned comedy, North (which Roger Ebert said he “hated, hated, hated”) and more diminishing returns. But even the later works had their impact on the zeitgeist. While not approaching the quotability of Spinal Tap, Princess Bride or When Harry Met Sally… (Estelle Reiner was the one who said “I’ll have what she’s having”), the term The Bucket List entered the lexicon because of his 2007 film.
Begining in the 2000s, Reiner’s work and public life were largely concerned with activism and civics. He cofounded the marriage equality group American Foundation for Equal Rights. He had a close circle of collaborators, directing a documentary about his best friend, Albert Brooks, but followed it up with a documentary, God & Country, about Christian Nationalism.
In a 2004 interview, explaining why, as a Jew, he pursued the project, he mentioned a trip he made with his wife the previous year, to Auschwitz, where his wife’s mother’s family was an inmate, and the rest of the family was murdered.
“You see what nationalism can do. You see the results of it,” Reiner said in an interview with the Baptist Joint Committee for Religious Liberty. “And so for us who are Jewish by birth, we know what the dangers are, and hopefully this film can at least be a little bit of a teaching tool to everybody.”
Describing his sense of humor, he told JTA there’s a reason Jews are funny. “You have Cossacks. You have Hitler. You have a lot of things weighing down on you. You have to have a sense of humor or you can’t survive.”
Reiner’s final film, Spinal Tap II: The End Continues, a sequel to his first, came out in October. Reiner’s life, and body of work, are already a blessing.
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