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How to Understand the Groundbreaking Decision of Israel’s Supreme Court
A view shows Israelis protesting, as Israeli Prime Minister Benjamin Netanyahu’s nationalist coalition government presses on with its judicial overhaul, in Tel Aviv, Israel March 25, 2023. Photo: REUTERS/Oren Alon
In a stunning 8-7 decision, the Israeli Supreme Court struck down the Knesset’s “Reasonableness Law,” a new “Basic Law ” that was intended to limit the court’s ability to exercise oversight over Knesset legislation.
This is the first time in Israeli history that the Court has struck down a Basic Law, meaning that, ironically, the first concrete effect of Prime Minister Netanyahu’s judicial reform efforts have been an increase in the Supreme Court’s powers. And a vast majority of the Supreme Court agreed that justices do have the power to strike down Basic Laws in the future.
Though it may seem less dramatic than the ongoing war against Hamas, hundreds of thousands of protesters recently took to the streets on this very topic, and this Supreme Court decision will impact the lives of Israelis long after the war is over. Here’s what you need to know.
Israel has no constitution
Israel’s lack of a constitution means that its political structure is still evolving. In the United States, the Constitution is the primary legal power and the court system is empowered to strike down any legislation or executive order that violates it as “unconstitutional.” The only way to overrule the US Supreme Court is through a Constitutional amendment, which can be passed only through a “super majority” vote: consisting of 75% of all the state legislatures.
Without a constitution, there can be no such thing as “unconstitutional.” Instead, Israel has the “Basic Laws,” a set of legislation that governs individual rights and balance of powers: a kind of equivalent of America’s Constitutional amendments but with one key difference — Israel’s Basic Laws can be changed via a simple majority vote in the Knesset.
This means that any coalition which controls the Knesset can theoretically exercise unlimited power, including over the Supreme Court. How then, does Israel’s Supreme Court provide the necessary checks and balances?
For one thing, as part of its decision this week, Israel’s Supreme Court ruled 12-3 that it does indeed have the power to strike down a Basic Law, a fundamental difference from the United States where the Supreme Court is subordinate to the Constitution.
In addition, for years the Israeli Supreme Court has struck down executive orders and administrative decisions that it deems “unreasonable.” (This does not relate to overturning actual laws, which is done via a different mechanism.)
Prime Minister Benjamin Netanyahu and other proponents of this judicial reform refer to the Reasonableness Standard as an excessive and unstructured power in the hands of un-elected judges. Indeed, the power to define any law as “unreasonable” rather than specifically unconstitutional could allow Israel’s Supreme Court to overstep its proper powers.
Yet the power of the legislature to effectively change the country’s very structure by passing Basic Laws is also excessive. Until now, these two excesses had somewhat sloppily, but effectively, canceled each other out: the very “balance of chaos” that characterizes the miracle of Israeli society.
In March of 2023, Israeli President Herzog suggested a compromise that would limit the Court’s ability to strike down laws based on “reasonableness,” but would also limit the Knesset’s ability to pass Basic Laws without a super-majority vote, thus maintaining the necessary balance of power and moving Israel closer to an American style system. However, the compromise was rejected.
What happens now?
Members of the current ruling coalition have vigorously objected to the Court’s decision, in some cases stating that they would “not accept” it, though it is unclear exactly what action the legislature could take in that regard.
The Court itself is already changing, with some of its members retiring and no clarity as to who will replace them. Similarly, the disastrous intelligence and security failures of October 7 will probably put an end to the careers of many in Israel’s political leadership, though such transitions will likely occur only after the ongoing war is complete.
So there remain a lot of unknowns on the political level as to how this decision will play out in the future, or who will be in power when it does, but one thing is certain: Israel’s Supreme Court has decided by a wide margin that it can, and has demonstrated through its actions that it will, strike down even a Basic Law when the Court feels it is appropriate to do so.
Young Democracy
In its first 100 years, the United States saw the infamous Sedition Act, an actual gun duel between the Vice President and the Secretary of the Treasury, and of course, secession and the American Civil War.
In its first 200 years as an emerging democracy, Britain faced several civil wars and rebellions, as well as the society wrenching Reformation.
At only 75 years old, Israel is actually unusually stable compared to the turbulent early histories of most democracies, Israel’s arguments have been passionate but peaceful, and its laws are still evolving. While it is completely appropriate to feel care and concern over Israel’s evolution, it is not yet time to assume catastrophe.
Daniel Pomerantz is the CEO of RealityCheck, a think tank dedicated to deepening public conversation through robust research studies and public speaking. He previously worked as a lawyer in the United States, including in the field of international law. Daniel lives in Tel Aviv, Israel, where he lectures at Reichman and Bar Ilan Universities, to soldiers of the IDF and the US Marine Corps, and frequently appears on international media. You can learn more about RealityCheck at: www.RealityCheckResearch.org.
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Drexel University Professor Stole Signs From Synagogue, Police Say
Illustrative: People pass a cluster of signs outside a pro-Hamas encampment at Northwestern University in Evanston, Ill. on April 28, 2024. Photo: Max Herman via Reuters Connect
A Drexel University professor allegedly participated in a mass theft of items from a synagogue in a suburb outside Philadelphia, a local NBC affiliate reported on Tuesday.
Mariana Chilton, 56, a professor of health management and policy at Drexel, has been accused of stealing pro-Israel signs from the Main Line Reform Temple in Lower Merion Township, traveling there from her neighborhood of residency, Wynnewood, Pennsylvania. Chilton allegedly drove the getaway car while two other accomplices, Sarah Prickett and Sam Penn — who is from New York — trespassed the synagogue and absconded with the loot.
“We are just taking them because we feel like it is a representative of genocide,” Chilton told law enforcement after being caught in the act, the report stated. She then, after offering to “just put them back,” refused to identify herself and comply with other lawful orders.
Video evidence provided by a local resident placed Chilton and her accomplices at the scene of the crime, and a Main Line Reform Temple official identified the signs recovered from her car as the temple’s property. That was enough for law enforcement to charge her with several offenses, including conspiracy and theft. She is also charged with driving without a license and not registering her vehicle.
Drexel University has not responded to The Algemeiner‘s request for comment for this story.
Experts have told The Algemeiner in the past academic year that while the conduct of anti-Zionist students should be reported on, the role of faculty in fostering and engaging in antisemitic acts should be closely scrutinized. Last semester, anti-Zionist faculty attached themselves to anti-Israel, pro-Hamas demonstrations, sometimes breaking the law by preventing officers from dispersing unauthorized demonstrations and detaining lawbreakers.
At Northeastern University in Boston, professors formed a human barrier around a student encampment to stop its dismantling by officers, and at Columbia University, anti-Zionist faculty at the school, as well its affiliate Barnard College, staged a walkout in support of the demonstrations and demanded the abeyance of disciplinary sanctions against anti-Zionist students — dozens of whom cheered Hamas and threatened more massacres of Jews similar to Oct. 7 — who violated school rules.
Chilton’s case is unlike any other reported in the past year, however. While dozens of professors have been accused of abusing their Jewish students and encouraging their classmates to bully and shame them, none are alleged to have resorted to stealing from a Jewish house of worship to make their point.
Mass participation of faculty in pro-Hamas demonstrations marks an inflection point in American history, Asaf Romirowsky, an expert on the Middle East and executive director of Scholars for Peace in the Middle East, told The Algemeiner in April.
Since the 1960s, he explained, far-left “scholar activists” have gradually seized control of the higher education system, tailoring admissions processes and the curricula to foster ideological radicalism and conformity, which students then carry with them into careers in government, law, corporate America, and education. This system, he concluded, must be challenged.
“The cost of trading scholarship for political propagandizing has been a zeal and pride among faculty who esteem and cheer terrorism, a historical development which is quite telling and indicative of the evolution of the Marxist ideology which has been seeping into the academy since the 1960s,” Romirowsky said. “The message is very clear to all of us who are looking on from the outside at this, and institutions have to begin drawing a red line. The protests are not about free speech. They are about supporting terrorism, about calling for a genocide of Jews.”
Follow Dion J. Pierre @DionJPierre.
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White House Cites Biden Clash With Netanyahu Over Iran as Proof of President’s Mental Fitness
US President Joe Biden hosts the 2023 Teacher of the Year event at the White House in Washington, US, April 24, 2023. Photo: REUTERS/Kevin Lamarque
Amid growing concerns over US President Joe Biden’s mental fitness, key White House officials are suggesting his foreign policy discussions with Israeli Prime Minister Benjamin Netanyahu, including a clash over how to respond to Iran’s unprecedented military attack on the Israeli homeland earlier this year, serve as evidence that he is still capable of leading from the Oval Office.
Biden and Netanyahu engaged in a heated back-and-forth in the immediate aftermath of Iran launching a massive missile and drone salvo at Israel in April, according to a new report by the New York Times. The US and other allies helped Israel shoot down nearly every drone and missile. The attack caused only one injury.
However, the Times revealed that while Netanyahu initially wanted to respond to Iran in a forceful way, Biden threatened to withhold US support in the event of a major Israeli retaliatory strike, arguing it would risk sparking a regional conflict in the Middle East.
“Aides present in the Situation Room the night that Iran hurled a barrage of missiles and drones at Israel portrayed a president in commanding form, lecturing Prime Minister Benjamin Netanyahu by phone to avoid a retaliatory escalation that would have inflamed the Middle East,” the Times reported. “‘Let me be crystal clear,’ Mr. Biden said. ‘If you launch a big attack on Iran, you’re on your own.’”
“Mr. Netanyahu pushed back hard, citing the need to respond in kind to deter future attacks,” the report continued. “‘You do this,’ Mr. Biden said forcefully, ‘and I’m out.’ Ultimately, the aides noted, Mr. Netanyahu scaled back his response.”
Israel’s military response was small and appeared aimed at minimizing the risk of escalation.
The Times report, headlined “Biden’s Lapses Are Said to Be Increasingly Common and Worrisome,” came on the heels of Biden delivering a widely-panned presidential debate performance last Thursday against former US President Donald Trump. Biden’s performance, which oftentimes appeared incoherent and muddled, set off alarm bells in Democratic circles, sending the president’s allies scrambling to extinguish concerns over his age and mental acuity.
While highlighting rising concerns, the news story also noted instances in which, according to aides, Biden appeared coherent and capable, citing the exchange with Netanyahu and his handling of the Iranian missile attack more broadly as one such example.
However, an anonymous Biden administration official told the Times that they are unsure whether Biden could hold his own against adversarial foreign leaders such as Vladimir Putin of Russia.
On Wednesday, the White House directly attributed quotes to Netanyahu in which the Israeli premier reportedly said he found Biden “very clear and very focused” during his visit to Israel following the Oct. 7 attacks by Hamas. According to a White House spokesperson, Netanyahu also reportedly cited the “more than a dozen phone conversations, extended conversations with President Biden” as evidence of the commander-in-chief’s vitality.
“Some White House officials adamantly rejected the suggestion of a president not up to handling tough foreign counterparts and told the story of the night Iran attacked Israel in April,” the New York Times reported. “Mr. Biden and his top national security officials were in the Situation Room for hours, bracing for the attack, which came around midnight. Biden was updated in real time as the forces he ordered into the region began shooting down Iranian missiles and drones. He peppered leaders with questions throughout the response.”
During its first direct attack on Israeli territory, Iran in April launched roughly 300 missiles and drones at the Jewish state.
Leading up to the attack, Iranian officials had promised revenge for an airstrike on Iran’s consulate in Damascus, Syria that they attributed to Israel. The strike killed seven members of Iran’s Islamic Revolutionary Guards Corps (IRGC), a widely designated terrorist organization, including two senior commanders. One of the commanders allegedly helped plan the Hamas terrorist group’s Oct. 7 massacre across southern Israel.
Israel has neither confirmed nor denied involvement in the incident.
“After it was over, and almost all of the missiles and drones had been shot down, Mr. Biden called Mr. Netanyahu to persuade him not to escalate. ‘Take the win,’” Mr. Biden told the prime minister, without reading from a script or extensive notes, according to two people in the room. In the end, Mr. Netanyahu opted for a much smaller and proportionate response that effectively ended the hostilities,” the article added.
Days later, Israel responded to the Iranian aggression by launching a modest missile attack on an airbase near Isfahan. The Jewish state sought to show that it could effectively target key strategic locations in Iran while not escalating the conflict any further. Netanyahu insisted on launching a retaliatory attack against Iran, arguing that ignoring the Iranian strikes would incentivize more attacks against the Jewish state.
IRGC Brigadier General Amir Ali Hajizadeh said that Iran is waiting for “the opportunity” to launch a new round of strikes against Israel, Iranian media reported on Tuesday, potentially boosting Netanyahu’s argument that a smaller response would invite further attacks.
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Journalist at US-Based Nonprofit Promoted Stabbing Israelis, Depicted Rescued Hostage as Pig Drinking Blood: Report
Palestinian terrorists ride an Israeli military vehicle that was seized by gunmen who infiltrated areas of southern Israel, in the northern Gaza Strip, Oct. 7, 2023. Photo: REUTERS/Ahmed Zakot
A journalist at a US-based nonprofit posted tutorials on how to commit stabbing attacks and depicted a rescued Israeli hostage as a pig drinking blood, according to newly surfaced social media posts.
Eitan Fischberger, a communications analyst and former Israel Defense Forces (IDF) staff sergeant who first broke the story on X/Twitter, alleged that Mahmoud Ajjour, a correspondent for The Palestine Chronicle, posted disturbing images and videos to his Instagram page.
Fischberger posted screenshots and screen recordings of the posts.
According to The Chronicle‘s website, Ajjour is a photojournalist and correspondent for the outlet, which is a US-based 501c3, or nonprofit organization.
One of the posted images depicted Noa Argamani — an Israeli who was kidnapped from the Nova music festival during Hamas’ Oct. 7 terrorist attacks in southern Israel, and then rescued in an IDF special operation last month — as a pig drinking blood from a Coca-Cola bottle.
Here, for example, Ajjour posted a picture of Israeli hostage Noa Argamani, portrayed as a pig drinking the blood of Palestinians.
Noa, as you recall, was freed by Israeli forces in the same rescue operation in which Ajjour’s terrorist colleague was killed pic.twitter.com/oiLCqekxbl
— Eitan Fischberger (@EFischberger) June 30, 2024
In Oct. 2015, Ajjour posted a picture of a masked Palestinian holding up a knife, with the caption, “I declare it a revolution.”
That time — from approximately Sept. 2015 to June 2016 — was referred to as the “knife intifada,” as there was an uptick in Palestinian terrorist attacks, particularly using knives, against Israelis in Jerusalem, along with other parts of Israel and the West Bank.
Ajjour also seems mighty fine endorsing stabbing attacks pic.twitter.com/xi2MnZVddl
— Eitan Fischberger (@EFischberger) June 30, 2024
During that same month, Ajjour also reportedly posted a two-part tutorial on how to carry out stabbings with the caption, “May Allah protect them,” likely referring to those who were engaging in such attacks.
So much, in fact, that he uploaded a two-part instruction video showing off some best practices for stabbing Israelis pic.twitter.com/Z12rVo4Enx
— Eitan Fischberger (@EFischberger) June 30, 2024
Then, in 2023, after the son of a Hamas preacher was killed when a device he was trying to launch at Israel exploded, Ajjour mourned his death on Instagram. “Your father’s legacy is proud of you,” he wrote alongside a picture that included what appeared to be a Hamas flag.
And here, Ajjour mourns the death of Bara’a al-Zard, son of Hamas preacher Wael al-Zard.
Silly Bara’a died in an explosion caused by a device he was trying to launch at Israeli forces near the Gaza security fencehttps://t.co/vZR6IW0shF pic.twitter.com/ipQw55BYd7
— Eitan Fischberger (@EFischberger) June 30, 2024
This is not the first time a journalist from The Palestine Chronicle was alleged to have either supported or partaken in terrorism.
Abdallah Aljamal, who was a correspondent for The Chronicle, allegedly held three Israeli hostages in his home, according to the Israeli government. He was killed during a raid that rescued four hostages, including Argamani. After the allegations came to light, The Chronicle changed Aljamal’s status on its website from a correspondent to a contributor.
The Palestine Chronicle did not respond to a request for comment for this story.
Fichberger wrote that he wants the US House Ways and Means Committee to investigate The Chronicle for what seems to have become a pattern.
“If The Chronicle is let off the hook for employing an actual terrorist hostage-taker, it would prove that the American counter-terror legal apparatus really is irreparably broken,” he wrote.
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