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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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Graham Platner drops out of Maine Senate race, citing push to ‘end the genocide’ in parting message
(JTA) — Maine Democrat Graham Platner announced Wednesday evening that he will drop out of the U.S. Senate race following new allegations that he had committed sexual assault.
“We believe that for the movement to continue, it can’t be me, and for that reason, we are suspending campaign operations,” he said.
Platner’s withdrawal came two days after Politico reported that a former girlfriend had accused him of entering her home uninvited about five years ago and forcing her to have sex with him.
“All we were asking for was healthcare, was to end the genocide, to use our taxpayer dollars at home to uplift our communities instead of waging war overseas,” Platner said in a Facebook address announcing his exit. He denied the allegations against him in the address, adding that a “corporate media system and the political establishment got to act as judge, jury and executioner.”
The allegations were the latest in a series of controversies that have hit Platner’s campaign, including his since-covered-up Nazi tattoo, unearthed Reddit posts and other reports about his behavior toward women.
Platner, who won his Democratic primary in June on an anti-Israel progressive platform, denied the fresh allegations, telling Politico that “any accusation of non-consensual behavior is categorically untrue.”
But the report prompted a rapid collapse in support for Platner among Democratic leaders, progressive allies and organizations that had backed his bid to beat GOP Sen. Susan Collins. It also sparked a scramble among Maine Democrats to find a different nominee ahead of the July 27 deadline for a replacement to appear on the ballot.
On Wednesday, the Maine Democratic Party announced that they had voted to hold a nominating convention to fill Platner’s vacancy.
“There is an unprecedented amount of energy and enthusiasm among Maine Democrats, driven in part by many of the dedicated volunteers and supporters who were inspired by Graham Platner’s campaign,” the party said in a statement. “We look forward to coming together and harnessing that energy around our new nominee as we work to defeat Susan Collins in November.”
The state Democratic Party leadership called on Platner to withdraw as the Democratic nominee on Monday, adding that the party needed to “refocus this campaign” on the fight against GOP Sen. Susan Collins. The seat is key to Democratic hopes of taking back the Senate.
Vermont Sen. Bernie Sanders, one of Platner’s most high-profile supporters, as well as New York City Mayor Zohran Mamdani also called for Platner to step aside on Tuesday.
Senate Minority Leader Chuck Schumer, who initially backed Platner’s opponent before she dropped out, had said in a joint statement with New York Sen. Kirsten Gillibrand that the Democratic Senatorial Campaign Committee “will not invest in the Maine Senate race if Platner remains on the ballot.”
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Rahm Emanuel: Democrats who support Israel can still lead the party to the White House
(JTA) — TEL AVIV — Pausing as he looked out at the packed hall at Tel Aviv University, Rahm Emanuel offered his audience a warning about what he was about to say.
“Hold your applause, because you may not like this,” he said, before laying out his proposal for U.S. sanctions targeting Israelis who attack Palestinian civilians and property, Israeli officials who voice support for that violence, and companies and banks that support “illegal settlements.”
The crowd applauded anyway — three separate times.
Under a 2017 law, Israel bars foreign nationals who publicly call for boycotts of Israel or its settlements from entering the country. Emanuel issued his call for sanctions from a stage in Tel Aviv, a measure of how far Democratic politics on Israel have shifted since Hamas’ Oct. 7, 2023, attacks.
Widely viewed as a possible contender for the 2028 Democratic presidential nomination, Emanuel, a former congressman, White House chief of staff, Chicago mayor and U.S. ambassador to Japan, and one of the most prominent Jewish figures in American politics, arrived in Israel on Sunday. His speech Wednesday afternoon, billed as “An Honest Conversation: The U.S.-Israel Relationship, Where It Stands Today and The Road Ahead,” was the keynote of the visit, and was meant to signal the need for a “fundamentally new and different approach” to the U.S.-Israel alliance, as he put it.
Whether Emanuel’s critique will land with the Israeli establishment, or with the ruling coalition, remains to be seen. Emanuel made a point of avoiding Israel’s elected officials during his visit, including Prime Minister Benjamin Netanyahu, saying he did not want to interfere with elections set for the fall. He did meet with President Isaac Herzog, who is appointed by the government, as well as visit hospitals in Tel Aviv and Nablus that partner with each other.
But it was clear that it was resonating with attendees. Moti Porath told the Jewish Telegraphic Agency that he believed Emanuel correctly diagnosed the ailment at the heart of the Israeli government, a leader who has become an outcast abroad but remains too skilled a politician to easily dislodge.
Porath, who splits his time between Newton, Massachusetts, and Tel Aviv, and who attended the Massachusetts Institute of Technology at the same time as Netanyahu, said he recognizes the prime minister as a singularly talented political operator. “He’s a fantastic politician,” Porath said. “Maybe he’s a manipulator.”
To the attendees who spoke with JTA, Emanuel’s message was not anti-Israel but pro-Israel, in Porath’s telling, what a good friend is obligated to do when the other is acting out of line. Emanuel put it similarly from the stage, “True friends tell each other the truth.”
Porath said he hopes the United States and Israel can once again find “a common political vision,” but that doing so will require tough love from America’s next president.
The event was hosted by Tel Aviv University’s Center for the Study of the United States and moderated by its founding director, Yoav Fromer, alongside Yael Sternhell, the professor who heads the university’s American studies program. Organizers solicited questions from students in advance and said more than 100 were submitted.
But with a university audience likely to skew liberal, attendee Yoam Barash said the program would have benefited from a right-wing voice to push back on Emanuel’s comments, since most Israeli voters lean right. A February poll by the Midgam Institute for Israel’s Channel 12 news found 68% of veteran voters and 75% of those voting for the first time identify as right-wing. “Why didn’t they bring somebody from the right?” Barash asked.
Barash is the uncle of Daniel Barash, a managing director at the public affairs firm SKDK who helped organize the event He attended with Hannah Winkler, a friend from his army days and now a doctor in the Tel Aviv area. She said she pins her hope not on the U.S.-Israel alliance but on a left-wing victory in the upcoming elections. “Without that, I have no hope,” she said.
Told that some attendees had wanted a more politically diverse lineup, Fromer defended the format. “This is academia,” he said. “The goals here are very different than they would be on a political panel.”
At the same time, Fromer echoed the attendees’ view that Emanuel’s message was that of a friend rather than an adversary. “To say to someone, look, I’m trying to save you, if you don’t change your behavior, you’re going to self-destruct — that’s someone who cares,” he said.
The stakes, in his telling, are high for Israel and for the university. “Israelis have become pariahs. We used to be admired, the most admired,” he said, echoing Emanuel’s own warning from the stage that Israel’s leadership has turned it into a “territorial pariah.”
The damage is not merely reputational, he argued. “It’s not just feeling bad. It has practical implications,” he said, speculating about investment and capital that will stop flowing, students and tourists who will stop coming, Israelis who will lose their jobs.
During the anti-Israel protests that swept U.S. campuses in 2023 and 2024, ties with Israeli universities, including Tel Aviv University, were frequent targets of divestment demands. Emanuel himself warned in his speech that Israel’s scientists face exclusion from international research networks and that its artists and academics are being shut out of exhibits and conferences.
Inside the hall, at least, the message was received. “Most of the people in this room are quite sympathetic to what you have to say,” Barash told Emanuel on stage. “That is not the case across Israel.”
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Synagogue targeted by picketers inspires Ann Arbor ordinance to protect houses of worship
Ann Arbor, Michigan has become the latest city to pass legislation aimed at protecting houses of worship from protests, echoing similar policies passed by New York and proposed by California earlier this year.
But while New York and California introduced such legislation in response to occasional anti-Israel protests outside synagogues, Ann Arbor has been home to the persistent and brazen protest of a Holocaust denier who shows up to picket the same congregation every week on Shabbat.
While synagogue leaders are moved by the city council’s gesture, they don’t expect the protests to end anytime soon.
“The significance of the resolution is that a city council in a highly progressive city had the bravery to call out the antisemitism of Jew haters,” said Rabbi Nadav Caine, the spiritual leader of Ann Arbor’s Beth Israel Congregation. And that’s no small thing.
For the past 23 years, a small group of protesters have gathered outside Beth Israel on Shabbat carrying signs with hateful slogans like “Jewish Power Corrupts,” “No More Holocaust Movies” and “Antisemitism is earned, never given.”
Partly in response to those decades of hateful demonstrations, the Ann Arbor City Council on Monday unanimously passed a resolution directing the city manager to develop a plan for protecting houses of worship during protests, which can include protest-free buffer zones.
Jerry Sorokin, executive director of Beth Israel, expressed gratitude for the city council’s sentiment — though he also believes the measures “won’t make any real difference.”
The protesters carry “incredibly offensive” signs, Sorokin said. But they also stay off synagogue property and don’t interfere with congregants trying to enter, he said, making it unlikely that a security perimeter would affect their demonstrations.
“They’ve found out exactly what the limits of their legal rights are in terms of what they can say, where they can say it, and how they can interact with the public, and they push it right to the limit without going over,” Sorokin said.
A court agreed. In 2019, a congregant and local Holocaust survivor lost a lawsuit against the Beth Israel protesters and the city of Ann Arbor, with a court concluding that the protesters were engaging in protected speech.
Buffer zones across the country
The measure in Ann Arbor reflects a broader national debate about balancing protesters’ free speech rights with worshippers’ ability to safely access religious services, as New York and California have also moved to enact buffer zones outside houses of worship.
In May, demonstrators outside Park East Synagogue in Manhattan chanted “We don’t want no Zionists here” and “There is only one solution, intifada revolution,” outside an event promoting real estate sales in Israel and the West Bank. New York lawmakers approved a 50-foot security buffer around houses of worship proposed by Gov. Kathy Hochul. Meanwhile, New York City Mayor Zohran Mamdani allowed a bill that requires the New York City Police to develop a plan for managing protests at houses of worship.
In Los Angeles, protesters targeting Wilshire Boulevard Temple for hosting speakers affiliated with the Israeli defense contractor Elbit Systems prompted California lawmakers to introduce a buffer-zone bill that would make it a crime to approach a person within 100 feet of a synagogue in order to hand out a leaflet, hold a sign, or “engage in oral protest.” First-time offenders would face up to six months in jail.
At the federal level, U.S. Rep. Tom Suozzi of New York introduced the SACRED Act, which would make it a federal crime to intimidate, obstruct or harass people within 100 feet of a house of worship.
But those proposals all face the same constitutional constraint: They can regulate how protests are conducted, but not the viewpoints being expressed. There’s no legal remedy to the offensive messages painted on placards and yelled at passing drivers, Sorokin said.
“I think what the city council did is laudable, and it is reassuring to us that they’re showing support for freedom of worship and for access to synagogues, churches, and mosques,” he said. “But I don’t think it’s going to change what goes on outside our building every Saturday.”
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