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‘A time of emergency’: What you need to know about the fight over Israel’s court system
TEL AVIV (JTA) — In the coming days, Israel’s parliament is due to vote on a measure that, advocates on both sides say, will determine the country’s fate — or whether it can even survive.
It isn’t a peace deal or an attempt to unseat Israeli Prime Minister Benjamin Netanyahu. What it will do, if passed, is bar the Supreme Court from striking down government decisions it deems “unreasonable.”
Behind that somewhat technical language is a struggle over Israel’s soul. It’s an escalating fight that has seen the largest, most sustained protest movement in Israel’s history. It has seen demonstrators block highways, march from Tel Aviv to Jerusalem and pledge to boycott army service. It has seen both Netanyahu and his opponents warn that the end of democracy is nigh. And it has seen Israeli President Isaac Herzog, a figure meant to rise above the political fray, warn that the government’s push for major legislative change, and its critics, could lead to “real civil war.”
The reason for the dire pronouncements is that the “reasonableness law” is one piece of a broad plan, put forward by Netanyahu’s right-wing coalition in January, to significantly weaken Israel’s judiciary. If passed in its totality, the overhaul would sap the Israeli Supreme Court of much of its power and independence, removing a major check on what the Israeli government can do.
But even though Netanyahu enjoys a solid majority in parliament, the plan, so far, has yet to be enacted. That’s largely due to a massive protest movement that says Netanyahu is endangering Israel’s democratic system. The demonstrations have brought hundreds of thousands of Israelis into the streets and led to widespread civil disobedience.
Both sides of the debate say the internal conflict is a test of Israel’s system of government. Now, a growing number of voices are using increasingly anxious language that would have been unthinkable just a year ago, from threats of street violence to warnings that the Israel Defense Forces could implode.
“This is a time of emergency,” Herzog said Sunday. “An agreement must be reached.”
The civil strife is occurring against the backdrop of heightened Israeli-Palestinian violence and while Netanyahu, 73, is on trial for corruption and has recently been hospitalized twice. Here’s a primer on the judicial overhaul, what supporters and opponents say is at stake, and what may happen next.
Israeli Prime Minister Benjamin Netanyahu seen during a vote in Knesset, the Israeli parliament in Jerusalem, March 22, 2023. (Yonatan Sindel/Flash90)
Netanyahu and his allies want to fundamentally change Israel’s court system.
At the end of last year, Israeli voters returned Netanyahu to office — and he assembled a coalition with far-right partners that holds 64 of the 120 seats in the Knesset, Israel’s parliament. Days later, his justice minister unveiled a plan that, in its original form, would have rendered the Supreme Court largely powerless.
The initial plan would have given the coalition complete control over the selection of judges, and would have allowed the Knesset to overrule Supreme Court decisions with a bare majority. Another measure took aim at the “reasonableness” clause.
Netanyahu and his allies portrayed the legislative package as a curb on an increasingly activist Supreme Court that was out of step with the country’s right-wing majority. Its composition, they charged, was a vestige of Israel’s secular, Ashkenazi elite and did not reflect the country’s ethnic and Jewish religious diversity, including the country’s large number of Mizrahi Jews.
But a growing number of critics — from centrist and left-wing Israelis to foreign leaders to American Jewish organizations — cautioned that the overhaul would endanger Israel’s status as a democratic state.
Because the governing coalition by definition commands a majority in parliament, they say, the court reform would effectively give Netanyahu and his partners complete control over all three branches of government. The court has historically been a protector of the rights of minorities — from Arabs to LBGTQ Israelis to liberal Jewish movements — and critics of the plan worry that it would put those safeguards at risk. Those worries are exacerbated, they say, because the prime minister leading the effort to weaken the judiciary is currently on trial.
A Tel Aviv protest at the start of Yom Haatzmaut, Israel’s Independence Day, featured a sea of flags, April 25, 2023. (Ben Sales)
The overhaul effort has sparked a historic and growing protest movement.
Those critiques have coalesced into the largest protest movement in Israeli history, which has seen hundreds of thousands of Israelis take to the streets every week, many waving Israeli flags, to oppose the plan. Pro-government demonstrations, much less frequent, have also occurred.
Anti-government protest organizers have also escalated their tactics — blocking major highways, calling for strikes, crowding the main airport terminal and, this week, leading a days-long march of thousands of people from Tel Aviv to Jerusalem. And it has spread to cities across the United States and the globe, disrupting American Jewish gatherings in Israel and confronting Israeli officials on their visits abroad.
The most striking protest tactic has come from a growing group of IDF reservists — as of this week more than 10,000 — who have pledged to stop showing up for duty if the overhaul, or any piece of it, is enacted. Within Israel, the IDF is the country’s most widely trusted institution, and is seen as an indispensable guarantor of Israel’s security.
Because of its mandatory draft, it has also historically been viewed as a reflection of Israel’s diverse Jewish citizenry. But those who have pledged to boycott their duty say they are unwilling to continue risking their lives for a government that is no longer democratic.
The overhaul’s proponents, including Netanyahu, say that threats to refuse military service cross a bright red line in a society that faces external threats and prizes national service. In a recent address, Netanyahu said threats to avoid reserve duty as a pressure tactic violated the principle that the civilian government must wield control over the military.
Israeli President Isaac Herzog addresses the nation in a speech exhorting a delay on proposed judicial reforms, Feb. 12, 2023. (Courtesy Herzog’s office)
Efforts at compromise have failed and rhetoric is becoming only more severe.
Months ago, the government took steps to advance the major pieces of the judicial overhaul. A rapid spike in protests and criticism in March, however, convinced Netanyahu to pause the legislative effort and enter dialogue with his political opponents.
But those talks — brokered by Israeli President Isaac Herzog, whose role is largely ceremonial — have collapsed. A few weeks ago, Netanyahu announced that he was restarting the legislative process with the “reasonableness law.”
Now, both sides are making arguments that, at their core, sound almost identical.
Critics of the plan say that a country without an independent and empowered court system cannot be a democracy. They have accused Netanyahu of ramming through a major change to Israel’s governing system without broad consensus, and point to surveys showing that most Israelis oppose the overhaul plan.
The plan’s supporters say that, in fact, they are the majority — pointing to the fall elections that their side won. The true failure of democracy, they say, is the elected coalition being rendered unable to govern due to a protest movement that is blocking roads and calling on soldiers to shirk their duty.
This week, the military reserve protests have led to more urgent warnings. The Institute for National Security Studies, a respected think tank, warned on Sunday that the IDF “is at risk of disbanding.”
IDF Chief of Staff Herzi Halevi has a similar message.
“If we will not be a strong and unified army, if the best do not serve in the IDF — we will no longer be able to exist as a state in the region,” he wrote in an open letter.
View of the Jewish settlement of Eli, in the West Bank, Jan. 17, 2021.(Sraya Diamant/Flash90)
The internal Israeli turmoil is happening alongside increased Israeli-Palestinian violence.
In tandem with the conflict over the court reform, clashes between Israelis and Palestinians in the West Bank have escalated this year. More than 100 Palestinians in the West Bank have been killed in IDF military raids on terrorist cells, while more than two dozen Israelis have been killed by Palestinian attacks in the West Bank and Israel. There has also been conflict with Hamas in Gaza, and concern over Iran backing attacks on Israel.
Recent months have also seen a series of riots by Israeli settlers, who have entered Palestinian villages, torched cars, homes and shops and injured Palestinians in response to terror attacks. Palestinians have been killed amid the riots, and senior Israeli figures have described the riots as a “pogrom” or “terrorism.”
Hardline figures in Israel’s government have called for harsh tactics in response to the violence. Far-right Finance Minister Bezalel Smotrich called for a Palestinian village to be wiped out before walking the remark back and apologizing. Itamar Ben-Gvir, the far-right national security minister, has expressed sympathy for the rioters while also speaking out against vigilante justice.
While the riots are not directly connected to the overhaul effort, there are links. One of the right’s criticisms of the Supreme Court is that it has restrained Israel from expanding West Bank settlements, while critics worry that weakening the courts will mean removing an occasional protector of Palestinian rights. Meanwhile, Ben-Gvir and other right-wingers have charged that the government is responding more harshly to the settler rioters than to disruptive anti-government protesters in Israel — something he has called “selective enforcement.”
President Joe Biden answers a question during a joint press conference with French President Emmanuel Macron at the White House during an official state visit, Dec. 01, 2022. (Kevin Dietsch/Getty Images)
The situation is leading observers to question the U.S. relationship with Israel.
Heated discourse about Israel’s conflicts has spread to the United States. President Joe Biden has repeatedly criticized the judicial overhaul effort and has recently issued a series of warnings suggesting that if passed, the legislation could damage the U.S.-Israel alliance.
Speaking to New York Times columnist Tom Friedman last week, Biden said the protests display “the vibrancy of Israel’s democracy, which must remain the core of our bilateral relationship,” and said that Netanyahu needs to “continue to seek the broadest possible consensus here.”
Elsewhere in the Times opinion pages, Nicholas Kristof wrote that the recent news out of Israel has led him to question if “it really make[s] sense for the United States to provide the enormous sum of $3.8 billion annually to another wealthy country?” That annual foreign aid allocation is at the core of U.S.-Israel relations and has been portrayed as sacrosanct by presidents from both parties.
And last week, an address by Herzog to a joint session of Congress, meant to be a celebration of Israel’s 75th birthday earlier this year, took place shortly after a prominent progressive Democrat, Rep. Pramila Jayapal, called Israel a “racist state” — a remark she later walked back. Six other Democratic members of Congress boycotted Herzog’s speech.
What happens next?
The vote on the “reasonableness” bill will almost certainly take place in the coming days and, if Netanyahu’s promises are any indication, could pass along party lines. But that almost definitely won’t be the end of the struggle over the judicial overhaul, even as a large number of Israelis say they fear civil war.
Netanyahu’s right-wing allies, including Ben-Gvir, have vowed to pass the overhaul’s more sweeping components next, while opponents of the legislation have pledged to maintain and escalate their opposition.
It remains to be seen who will prevail in the conflict, or what winning might even look like after more than half a year of civil unrest. Supporters, opponents and observers of the overhaul have all made clear that at this point, what is at stake is no longer just a piece of legislation but rather the military, the governmental system and, perhaps, the future of the country itself.
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‘Dirty Jew, This Is What You Deserve’: Elderly French Jewish Woman Assaulted in Paris Suburb
Sign reading “+1000% of Antisemitic Acts: These Are Not Just Numbers” during a march against antisemitism, in Lyon, France, June 25, 2024. Photo: Romain Costaseca / Hans Lucas via Reuters Connect
An 88-year-old woman was assaulted outside Paris by two assailants who pushed her to the ground, kicked her, and called her “a dirty Jew” as tensions over surging antisemitism continue to boil in France.
The attack occurred last week, and the woman filed a complaint to local police on Monday, according to the French newspaper Le Figaro. Law enforcement is investigating the attack, which occurred in Val-d’Oise, just north of Paris.
The elderly woman recounted that she was on her way to a medical appointment when two assailants attacked her from behind. They punched her in the face, pushed her to the ground, and kicked her while hurling antisemitic slurs, including “dirty Jew, this is what you deserve.”
According to the complaint, the elderly woman was wearing a Star of David necklace, allowing the attackers to identify her as Jewish. “I think they saw my necklace; otherwise they would not have known,” she said.
The 88-year-old victim suffered a broken tooth, back and wrist pain, as well as mental anguish including nightmares.
Israeli opposition lawmaker Sharren Haskel reportedly said on Thursday that the victim was her grandmother and described the attackers as two “Arab thugs.”
“She tried to hide it from my family because she was embarrassed and ashamed, but she couldn’t,” Haskel told JNS. “It could have ended far worse. Today, she went to the hospital to be examined as part of her filing a complaint with the police.”
In a post on X/Twitter, Haskel wrote that she has “no hope in the French authorities, arguing that the government “allows blood libels to be spread against Israel, and as a result, the Jewish community suffers from violence, rape, murder.”
Haskel called on the Israeli government to “lead the fight against the explosion of antisemitism,” adding that Jewish communities around the world are “inseparable” from Israel.
“I call upon the Diaspora Jews like my grandmother to come to their national, cultural and historical home,” she concluded.
The attack in Val-d’Oise came amid a spike in antisemitism to record levels across France.
In an especially egregious attack that has garnered international headlines, a 12-year-old Jewish girl was raped by three Muslim boys in a Paris suburb on June 15, according to the French authorities. The child told investigators that the assailants called her a “dirty Jew” and hurled other antisemitic comments at her during the attack.
The three alleged attackers were arrested by French police two days after the rape. Two of them were indicted for gang rape, death threats, antisemitic violence, attempted extortion, and invasion of privacy. The third boy was charged as a witness.
After the attack, French President Emmanuel Macron “denounced the scourge of antisemitism” overtaking French society and spoke of the need to combat hatred of Jews in schools.
The incident sparked national outrage as massive protests against antisemitism erupted in France.
The French Jewish representative body Crif condemned the two recent attacks, noting Jews have not been spared from violence even if they are children or elderly.
“This despicable act highlights the reality of antisemitism in France, where victims aged 12 to 88 are attacked daily because of their Jewish identity,” Crif tweeted.
France has experienced a record surge of antisemitism in the wake of the Palestinian terrorist group Hamas’ Oct. 7 massacre across southern Israel. Antisemitic outrages rose by over 1,000 percent in the final three months of 2023 compared with the previous year, with over 1,200 incidents reported — greater than the total number of incidents in France for the previous three years combined.
Last month, an Israeli family visiting Paris was denied service at a hotel after an attendant noticed their Israeli passports
In April, a Jewish woman was beaten and raped in a suburb of Paris as “vengeance for Palestine.”
The post ‘Dirty Jew, This Is What You Deserve’: Elderly French Jewish Woman Assaulted in Paris Suburb first appeared on Algemeiner.com.
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US Jews Shouldn’t Give Up on America
Supporters of Israel gather in solidarity with Israel and protest against antisemitism, amid the ongoing conflict between Israel and the Palestinian terror group Hamas, during a rally on the National Mall in Washington, DC, Nov. 14, 2023. Photo: REUTERS/Leah Millis
In recent weeks, a growing chorus of prominent pro-Israel advocates have been urging Jewish Americans to leave the US and immigrate to Israel. Since the October 7 massacre, a surge in antisemitic attacks — coupled with shocking scenes of packed protests in US cities calling for violence against Jews — has heralded a discussion on the fate of Jewish Americans, and whether the era of prosperity and safety under which Jews have flourished has come to an end.
The well-intentioned efforts of those telegraphing the dangers associated with staying in America represent a justified concern, steeped in public scenes and statistics confirming the cultural, political, and academic corrosion infecting American institutions.
While encouraging a return to our ancestral homeland will remain a cornerstone of the Jewish American project, particularly in Modern Orthodox communities, approaching aliyah through the prism of fleeing antisemitism in America rather than fulfilling the ultimate mitzvah of living in the Holy Land discounts the importance of having a robust Diaspora, and dismisses the established idea that upholding western civilization rests on preserving US exceptionalism.
Eric Cohen, Executive Director of the Tikvah Fund, addressed some of these sentiments in an interview last month. Indeed, Cohen correctly notes, “As goes America, so goes the West and arguably the world,” and further cites that US Jews hold a unique role in restoring America to its place as protector of Western interests and values.
Historically, Jewish Americans, both individually and collectively, have been crucial to advancing US support for Israel, and explaining to Americans why a democratic Israel benefits the United States. More than 75 years after the US officially recognized Israel, stories surrounding US Jewish businessman Eddie Jacobson talking to his old friend, President Harry Truman, and having him agree to meet Chaim Weizmann upon the Zionist leader’s visit to America, was the beginning of this bond.
Last month, mobilization efforts in New York’s 16th Congressional District helped unseat, albeit belatedly, antisemitic Squad Rep. Jamaal Bowman — both for his assault on Israel, Jews, and many other values antithetical to those of his constituents. Another radical progressive, Congresswoman Cori Bush (D-MO), may soon find a similar fate in her primary race next month, as polls show the lawmaker trailing the more moderate Democrat, St. Louis County prosecuting attorney Wesley Bell.
In both cases, Jewish voters helped lead grassroots campaigns and devoted critical resources to assist in centering the far-left lurch of the Democratic Party. Last fall’s slaughter in Israel and domestic developments here in the US have reawakened a segment of the Jewish population who are looking more seriously at the positions of politicians, with many concluding that the anti-Jewish animus that they have long tied only to the far-right is wedded to outdated assumptions.
At the same time, blue-state metropolises such as New York and Los Angeles have become epicenters where steady drumbeats of pro-Hamas sympathizers chanting for the destruction of Israel — and violence against Jews — are prompting some US Jews to make their home in other parts of the country.
Prescriptive approaches to conserving America’s future may entail retooling Jewish sensibilities to meet existing challenges. That areas where Jews face the most significant threats from the political left are primarily governed by elected officials who resist punishing antisemitic perpetrators suggests that the US Jewish center of gravity could soon shift from left-wing bastions such as Brooklyn to more conservative neighborhoods like Boca Raton.
Moreover, a strong America stands to benefit the security of the entire free world — including in Israel, and for Jews in other parts of the Diaspora.
Maintaining Israel’s qualitative military edge is rooted in the US retaining its strategic footprint in the region and assisting Israel in deterring its detractors. A diminished US security posture that rejects Israel may also compel the countries in the region to form alliances with unsavory actors, such as China and Russia. Jewish Americans have a responsibility to revive America out of its decline and abet in stemming the inevitable terror such descent spreads to Jews in Israel.
My daughter, who graduated high school in June, recently remarked that should the US become uninhabitable for Jews, America ceases being America. Defending US exceptionalism is inextricably linked to preserving the security of our allies across the globe, including Israel. Jewish Americans must assert their energies and unite in repelling the destructive ideologies that seek to destroy the foundational Judeo-Christian tenets upon which our country was founded. Perpetuating a narrative that embraces America’s irreparable doom ignores the country’s indispensable role as a bulwark for liberty that stretches beyond our borders and demotes much of the good that remains at the core of the American spirit.
Irit Tratt is an American and pro-Israel advocate residing in New York. Follow her on X @Irit_Tratt.
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Columbia University Jewish Alumni Say Administrators Are ‘Main Culprit’ of Campus Antisemitism
The “Gaza Solidarity Encampment” at Columbia University, located in the Manhattan borough of New York City, on April 25, 2024. Photo: Reuters Connect
Columbia University’s Jewish Alumni Association blasted school officials as the “main culprit” of antisemitism on campus after newly released text messages showed administrators sneering at testimonies of anti-Jewish discrimination.
While in the audience of a May 31 alumni event, Columbia University Associate Deans Josef Sorett, Susan Chang-Kim, Matthew Patashnick, and Cristen Kromm exchanged text messages mocking and dismissing concerns of Jewish students. The messages, which called Jewish students “privileged” and “difficult to listen to,” have intensified discussions over whether the Ivy League campus has become a hotbed of antisemitism.
The newly released batch of text messages, which were publicized by the US House Committee on Education and the Workforce, incensed the Columbia Jewish Alumni Association. The organization stated that the university needs a “cultural shift” to create a safe environment for Jewish students.
“The further this unfortunate saga unfolds, the more it is clear that antisemitism runs deeper at Columbia than protests and encampments. When faculty talk, students listen,” the Columbia Jewish Alumni Association wrote in a statement.
“We know that administrators and professors are the primary culprits of Jewish students feeling threatened at Morningside Heights [the location of the school’s New York City campus] and that reality will not change until those responsible for this crisis are held accountable,” the alumni continued. “Columbia’s epidemic of antisemitism requires a cultural shift to fix it, one that involves honest conversations around how this crisis came to be, who perpetuated it, and what needs to change to ensure that the events of last spring are not repeated in the fall semester.”
On June 12, the Washington Free Beacon first reported that Columbia administrators belittled Jewish students and alumni in a group chat. The report set off a firestorm of outrage, resulting in the House Education and Workforce Committee demanding Columbia administrators hand over the entirety of the message exchanges. On Tuesday, the committee released the full chat log to the public.
While listening to the panel of Jewish alumni and students speak, Chang-Kim stated that their testimonies were “difficult to listen to” but that she was “trying to be open minded to understand but the doors are closing.” Chang-Kim referred to one speaker as a “problem!!!” for “painting [Columbia] students as dangerous.”
The deans then disparaged a testimony from Brian Cohen, head of Columbia Hillel. Cohen stated that many Jewish students at Columbia felt safer spending time in the Kraft Center for Jewish Life than their own dorms following Hamas’ Oct. 7 terrorist attacks on Israel, after which antisemitism on college campuses spiked to unprecedented levels.
Patashnick stated that Cohen was “taking full advantage of the moment” and that he saw the “huge fundraising potential” in the midst of the controversy over campus antisemitism. Signaling her agreement, Kromm gave Patasnick’s text a like and responded, “You named it.” Pataschnick continued, saying that Cohen was “laying the case to case to expand physical space!” and “[Jewish students] will have their own dorm soon.”
Columbia University offers residential living arrangements for African American, Latino, and LGBT+, students, according to its official website. The university has also offered special graduation ceremonies for various racial and sexual minority groups.
Chang-Kim continued, dismissing Jewish students as “privileged.” Kromm agreed, expressing concern over the well-being of Jewish students who do not support Israel.
“Comes from such a place of privilege … hard to hear the woe is me, we need to huddle at the Kraft center. Huh??” Chang-Kim wrote.
“Yup. Blind to the idea that non-Israel supporting Jews have no place to come together,” Kromm wrote.
The Kraft Center for Jewish Student Life is a hub for Jewish students on Columbia’s campus. Its namesake, Robert Kraft, ceased his financial support for Columbia University in April, citing “virulent hate” against the Jewish community on campus.
Kromm continued, stating that Jewish students have more “support” than other groups at Columbia, despite widely reported antisemitic incidents rocking the campus since Oct. 7.
“If only every identity group had these resources and support,” Kromm said, adding that Jewish students need to “share resources!!!”
Kromm fired off a pair of vomit emojis as speakers described an op-ed published by Columbia campus rabbi Yonah Hain lamenting the growing support for Hamas on campus.
Chang-Kim then wrote, “I’m going to throw up.” The timestamp on these texts align with the testimony of the daughter of a Holocaust survivor who shared how her own daughter was “hiding in plain sight” on Columbia’s campus following the Oct. 7 attacks on Israel.
“Amazing what $$$$ can do,” Kromm wrote in response.
Columbia University has become a poster child for antisemitism in higher education following the Oct. 7 slaughters by Hamas in southern Israel. Jewish students and alumni have expressed outrage, accusing the administration of showing cold indifference to antisemitic incidents on campus. Anti-Israel activists have disrupted Columbia’s classes and held unsanctioned protests on campus. Several Columbia student groups have outright banned “Zionist” students, a mandate that would exclude the vast majority of Jewish people.
In April, activists commandeered a central portion of Columbia’s campus and erected a “Gaza solidarity encampment.” The encampment featured signs which explicitly endorsed Hamas and called for the eradication of Israel. Several ultra-rich Columbia alumni pulled back their donations to the university in response to the growing and palpable anti-Israel sentiment on campus.
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