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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021. 

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 

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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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I’m an Israeli who watched ‘Naza.’ And I am shook. 

I have seen NAZA and I am shook. Not simply because of what the film reveals about how Israel is waging the war in Gaza, but because of what it reveals about how a society becomes capable of doing this at all. And as I’ve watched the reaction in Israel since the film’s premiere at the Venice International Film Festival, I’ve come to see that the reaction itself reflects the very systems the film exposes.

There are two systems at the center of NAZA, which opens Sept. 30 in New York City. The first is the technical one: the surveillance, targeting, artificial intelligence and military technologies that allow the Israeli army to identify and kill people at enormous scale. The second is the psychic and narrative system that makes the first one possible. It allows people inside the military to participate in this machinery, and journalists, filmmakers, politicians and ordinary people outside it to absorb what is happening, rationalize it, defend it or simply carry on.

The reaction to the film has become part of the evidence. That is what has shaken me.

The film, by Israeli journalists Yuval Abraham and Rachel Szor, takes us inside the systems of surveillance, targeting and killing used by the Israeli military in Gaza. But it is also an investigation into the people inside those systems and the stories they tell themselves about what they are doing.

Some of the officers interviewed are members of Israel’s elite military and intelligence units. They speak about their work with an almost surreal normalcy. One talks about coming home after his work and continuing to work on his Ph.D. in clinical psychology. Another talks about going to Poland on a Holocaust trip in high school, being taught that the Nazis were pure evil, and now understanding them.

Abraham asks those they interview whether anyone questions what they are doing. No one.

This blindness doesn’t stop with the military.

It lives in the stories we tell ourselves about who we are, what we are defending, whose lives we are responsible for, and whose suffering can be pushed outside the frame. It lives in the deep Israeli and Jewish memory of vulnerability and annihilation, in the knowledge that Jewish safety is not an abstraction. It lives, too, in what happens when that memory becomes so consuming that another people’s suffering becomes something we can only see through our own fear.

I have watched that dynamic reveal itself over and over since Venice.

Prime Minister Benjamin Netanyahu has attacked the film and announced plans to pursue legislation that could strip citizenship from Israelis who “defame” Israeli soldiers abroad, explicitly citing NAZA and its filmmakers. Culture Minister Miki Zohar has called Abraham and Szor traitors and sought to have their citizenship revoked.

Protesters have gathered outside Szor’s parents’ home for multiple nights, chanting “death sentence for traitors.” Demonstrators have sought out the offices of Local Call, where Abraham works, and activists have threatened to track down the filmmakers and their families. Graffiti depicting the filmmakers as traitors has appeared on the streets.

And all of this is happening before almost anyone in Israel has even seen the film. The film has not even been released in Israel — but the fury has not waited for a screening.

I cannot get past that.

The reaction is not some separate story happening around NAZA. It is part of what NAZA is showing us.

Attack the person asking the question. Question their loyalty. Invoke existential danger. Change the subject. Make the person holding the mirror into the threat.

This is where Oct. 7 enters the story.

Of course Oct. 7 happened. Israelis were murdered and kidnapped. The trauma is real. The responsibility of journalists to verify serious allegations is real.

But there is a difference between acknowledging Oct. 7 and requiring every critique of Israel’s military actions to pass through it before it can be heard.

I watched veteran journalist Raviv Drucker’s interview with Abraham and found myself increasingly disturbed by the frame. The questions repeatedly returned to whether the film was sufficiently balanced, whether Abraham had sufficiently accounted for Oct. 7, whether his sources could be trusted.

These are not illegitimate questions. But when they become the ritual through which every serious critique of Israel’s military actions must pass, something else is happening. The burden keeps shifting onto the person asking the question: Prove that you understand us. Prove that you see our pain. Prove that you are not erasing us. Prove that you are still one of us.

Only then can we begin to talk about what Israel is doing.

And then there was something that happened to me personally. The head of one Israeli film forum told me it would be better not to defend Abraham and Szor publicly because it could cost “us” the elections.

I understood exactly what she meant. And that is what frightened me. Don’t make things harder. Don’t give ammunition to the other side. Don’t jeopardize the political outcome. Don’t defend these two young filmmakers too loudly. The instinct is the same: don’t disrupt the story that allows us to keep going.

The kind of collective psychosis allows my people, including my people in Tel Aviv, to go about their lives as if things are normal while Gaza is being destroyed is not separate from what NAZA describes. It is part of it.

I am my grandfathers’ granddaughter. One was killed in 1948 fighting for the creation of Israel. The other survived the Holocaust and became a human rights activist. I have spent my life carrying these two parts of Jewish history inside me: the absolute necessity of Jewish safety and the absolute necessity of human rights. I don’t experience those things as contradictions.

What NAZA has forced me to confront is what happens when one of those truths becomes a shield against the other.

That is what shook me about NAZA. Not only what it shows us about Gaza. Not only what it shows us about the technology that makes killing possible, or the people who learn to participate in it. But what it shows us about the stories we need to tell ourselves in order not to see what is happening in front of us.

And what happens when someone holds up a mirror and refuses to let us look away.

 

The post I’m an Israeli who watched ‘Naza.’ And I am shook.  appeared first on The Forward.

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In a legal settlement, UC Berkeley offers a dance scholar a position it denied her because she’s Israeli.

(JTA) — (J. The Jewish News of Northern California via JTA) — For more than nine months, UC Berkeley has failed to honor a legal settlement with an Israeli dance scholar who was denied a teaching position due to her nationality.

In response to a J. inquiry, a university spokesperson said the delay was caused by “internal miscommunication.” The university now promises that the scholar, Yael Nativ, will receive the job offer she was guaranteed in the December 2025 settlement “no later than the week of Sept. 28.”

“We deeply regret this unfortunate delay and look forward to welcoming Dr. Nativ back to our campus,” UC Berkeley spokesperson Dan Mogulof said in a statement.

Nativ said she received an apology for the delay and the promise of an imminent job offer in a Sept. 21 email from a university administrator.

“It’s always a surprise when I get emails from them because the correspondence was so little to none,” Nativ said. “I’m so tired of this case.”

Nativ, a sociologist specializing in Israeli dance, taught in UC Berkeley’s dance department during spring 2022 as a visiting professor through the Helen Diller Institute for Jewish Law and Israel Studies. Her course focused on contemporary dance in Israel through social, political and cultural perspectives.

The institute invited Nativ to reapply for another year of teaching. But after the Oct. 7, 2023, Hamas attack on Israel, SanSan Kwan, chair of the dance department, informed Nativ that she would not be rehired. In November 2023, Kwan told Nativ in a WhatsApp message: “My dept cannot host you for a class next fall. Things are very hot right now and many of our grad students are angry. I would be putting the dept and you in a terrible position if you taught here.”

The university’s civil rights office investigated the matter and concluded that Nativ was discriminated against based on her Israeli identity.

Nativ sued the university, with representation from the Brandeis Center for Human Rights Under Law, in August 2025. When the two sides settled the lawsuit in December 2025, the university acknowledged its wrongdoing and committed to apologizing to Nativ and inviting her back to campus.

UC Berkeley Chancellor Rich Lyons apologized to Nativ over Zoom on Feb. 3, but no job offer arrived.

The lapse was publicized by Malcolm Feeley, a retired UC Berkeley Law professor, who wrote about Nativ’s case in a Sept. 16 article in the Jewish Review of Books.

“Justice delayed is justice denied. This is justice delayed in the extreme,” Feeley said in an interview. “It takes a concerted effort of badgering to get [the university] to move an inch.”

In a statement to J. following the publication of Feeley’s article, Mogulof said the university hadn’t sent Nativ a job offer due to a misunderstanding among administrators about who was responsible for doing so.

Executive Vice Chancellor and Provost Ben Hermalin will personally ensure the offer will come within the next two weeks, according to Mogulof.

Nativ went on to work as a research fellow at Ben-Gurion University in Israel after she left Berkeley. She said her main goal since the lawsuit has been to hold UC Berkeley accountable, not to land a job.

“It wasn’t urgent for me to go [back to campus]. It’s more about making a point, getting my justice,” she said. “But if they invite, I will consider.”

This story was first reported by J. The Jewish News of Northern California and is reprinted with permission.

This article originally appeared on JTA.org.

The post In a legal settlement, UC Berkeley offers a dance scholar a position it denied her because she’s Israeli. appeared first on The Forward.

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The choice in Michigan between El-Sayed and Rogers is one all American Jews have to make

Sometimes the most important part of making a decision is articulating what the decision actually is. What are the choices?

So it is in Michigan, where Jewish Democrats are asked to choose between Abdul El-Sayed, a Democrat who is against providing military aid to Israel and who campaigned with leftist streamer Hasan Piker, and Mike Rogers, a Republican and an election denier who would help keep the Senate in the hands of Donald Trump’s Republican Party, and who is presenting himself as the choice for Jews offended by El-Sayed. Either Rogers wins; El-Sayed wins without Jewish support; or El-Sayed wins with Jewish support. Those are the only possible outcomes.

Michigan Republican Senate candidate, former U.S. Rep. Mike Rogers. Photo by Kevin Dietsch/Getty Images

Two groups have shown two different ways of dealing with this choice. The first, “Nonnegotiable Michigan,” a group of Jewish Michiganders including rabbis and cantors, has listed five “baseline needs,” or “nonnegotiables,” for their support, which include “Jewish sovereignty in Israel” along with full and safe participation in American life for all Jews including Zionists and a vision for a better Middle East.

The second, Michigan Jews for Democracy, has pledged its support for El-Sayed while noting some reservations and concerns. As one signatory, David Jaffe, put it in a statement released along with Michigan Jews for Democracy’s declaratory letter, “I am a proud Jew. I’m voting for El Sayed despite our disagreements, to support domestic policies that reflect Jewish values. I’m voting against grave threats to the safety of Jews and to American democracy. Rogers unquestioningly supports an authoritarian administration, its arbitrary arrests, its white Christian nationalism, and myriad terrible policies that have never in history been ‘good for the Jews.’”

In other words, one group has said the Democratic candidate cannot count on their support because of their disagreements with him, while the other has said that he has their support despite them. One is trying to get a candidate to say what they want to hear before the election; the other, that they will support him in the election and hope to be a “voice at the table” after.

Jewish groups are, of course, not the only ones who have grappled with such questions (“Nonnegotiable” calls to mind the “Uncommitted” movement to press for a ceasefire in Gaza and to end military aid to Israel from the 2024 presidential election). But to consider these two specific groups together is to consider a choice that an increasing number of Jewish Democrats — which is to say, the vast majority of American Jews — all over the country can expect to be making soon if they haven’t already had to.

Democrats (and younger Republicans) are less supportive of Israel and of US support for it. Candidates will need to speak to their voters and make campaign promises that are aligned with what those voters want to hear. And Jewish Democrats will have to be honest with themselves about the limited options before them and decide for themselves whether they want these candidates to win with or without them.

Per an AP-NORC poll from this summer, about 58% of Democrats think the United States is too supportive of Israel, while roughly half think Israel carried out a genocide in Gaza. Not every candidate who makes it out of a primary and into a general election will say the same, but many will, both because of their own conviction and because they want to win Democratic votes.

For some Jewish Democrats, this presents no tension or contradiction; the same poll said that roughly three in 10 Jewish adults agree that Israel carried out a genocide in Gaza. There are American Jews for whom El-Sayed’s vision for the Middle East is not threatening but comforting and correct. But about half of American Jews rejected the idea that Israel carried out a genocide. And, as JFNA found, the vast majority of American Jews want Israel to exist as a Jewish and democratic state (though just 37% now identify as Zionist). Many may feel a tug of war between their support for or attachment to Israel and their liberalism.

There will be some who say that American Jews should reject the idea that this is a choice, that there is no contradiction between being a liberal Democrat and supporting Israel. That is all well and good in theory, but, come election day, voters in Michigan will make a choice between these two men. There is El-Sayed, who does not want to send military aid to Israel and who said “hurt people hurt people” after Temple Israel was attacked, referring to the fact that the perpetrator’s family was reportedly killed in an airstrike in Lebanon (El-Sayed has since apologized). And there is Rogers, who says he loves Israel and also denies the results of the 2020 presidential election (and pushed to ban abortion and opposed marriage equality, to take two examples from his record).

While Jewish Democrats can, of course, try to influence where Democratic candidates and voters are on Israel, they do not get to dictate it. They do not, in the Michigan general election, get to choose a candidate who supports democracy and also talks about how much they love and want to support Israel. They get to choose whether they want El-Sayed to win and Mike Rogers to lose and, if so, whether they want to be a part of making it happen regardless of El-Sayed’s views on Israel. Every Jewish Democrat, like every other voter, will have to make that choice, and can withhold their vote for whatever reason. But they should be clear about the reality of what they are choosing between.

There are only so many choices in Michigan. And outside of Michigan, too.

The post The choice in Michigan between El-Sayed and Rogers is one all American Jews have to make appeared first on The Forward.

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