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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. 


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

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California Democratic primary pits AIPAC-backed candidate against progressive Israel critic

(JTA) — AIPAC and its allies have poured millions of dollars into a California special election, transforming a race between two Democrats into a battleground over the pro-Israel group’s place in Democratic politics.

The spending in the Bay Area’s 14th congressional district is aimed at boosting Melissa Hernandez, a moderate Democrat and president of the Bay Area Rapid Transit Board, over Aisha Wahab, a progressive state senator who supports ending U.S. military aid to Israel.

Wahab replied “yes” during an April debate when asked whether Israel’s war in Gaza constituted a genocide. In contrast, Hernandez declined to give a yes-or-no answer, instead saying that Israel had a right to defend itself following the Oct. 7, 2023, attacks, but that the “destruction into Gaza has gone too far.”

Wahab remains the favorite heading into Tuesday’s election to replace former Rep. Eric Swalwell, a reliable supporter of Israel in Congress who resigned in April amid sexual misconduct allegations that he has denied. Wahab finished ahead of Hernandez in the election’s June 16 special primary, receiving 42.8% of the vote compared to Hernandez’s 16.8%.

The United Democracy Project, AIPAC’s main super PAC, has poured close to $2.5 million into boosting Hernandez and attacking Wahab this election cycle, while Bold America, another group that has received funding from the United Democracy Project, has spent roughly $1.8 million, according to The Hill.

When asked about the AIPAC spending in the race by the Pleasanton Weekly, Hernandez replied, “I have no say over independent expenditures. That is the law, and I see them when you do.” She added: “I have thousands of donors and not one of them sets my agenda.”

But while the Bay Area race has become one of the the latest focuses of the pro-Israel lobby, following a costly defeat by Abdul El-Sayed in Michigan’s Democratic Senate primary, Israel has hardly been a defining issue in the contest, and Wahab has not neatly fit the mold of other progressive candidates the group has targeted this election cycle.

Wahab, who is the child of Afghan refugees, has centered her campaign on affordability issues and civil rights. While her campaign website calls for “No More Wars!” it does not specifically reference the Israeli-Palestinian conflict. Citing the civilian toll in U.S. military operations in Afghanistan, Iraq, Syria and Libya, her site reads, “We cannot bomb our way to lasting peace.”

Hernandez, who previously served as the mayor of Dublin, California, has focused her campaign on lowering costs and her commitments to fighting crime and increasing public safety.

Wahab, 39, has drawn endorsements from a host of labor unions, the California Democratic Party and Our Revolution, the group formed by Sen. Bernie Sanders to advance the progressive movement. Hernandez, 51, meanwhile, has received endorsements from several police and fire unions, as well as Democratic Jewish Reps. Lois Frankel of Florida and Brad Schneider of Illinois.

During a Thursday appearance on the livestream of Hasan Piker, who has faced accusations of antisemitism, Wahab said that she would have voted for the Stop the Bombs Act and supported ending all U.S. aid to Israel, though she stipulated that “humanitarian aid is important to me too.”

During the livestream, Wahab also touted a September 2025 resolution she co-authored with Jewish state Senator Scott Wiener, which called for the “end to the humanitarian catastrophe in Gaza and the immediate release of all hostages.” The resolution was also signed by members of the California Legislative Jewish Caucus.

In 2021, Wahab also collaborated with local Jewish leaders on a fundraiser for Afghan refugee resettlement in the aftermath of the U.S. pullout from the country.

“I work well with the Jewish community. I’m very proud to support them. They’re my constituents,” Wahab said on the livestream.

“As an Afghan, you know, I really deeply want to ensure that all people feel welcomed and safe and secure in this nation. And we know that there’s a rise in antisemitism. We know all of that,” Wahab continued. “But that doesn’t mean you can’t criticize a foreign nation. You can’t criticize their leadership.”

Wahab attributed the volume of AIPAC spending in the race to “pure racism and prejudice,” saying that her “Jewish Senate colleagues are literally confused as to why they are spending this much money against me.”

As Wahab pushes back on the attack ads, she has also garnered $200,000 in support from American Priorities, a pro-Palestinian PAC that formed as a counterweight to AIPAC.

The liberal pro-Israel lobby J Street Action Fund also announced Thursday that it was spending $100,000 to support Wahab.

Tali deGroot, the group’s vice president of political and digital strategy, said in a statement that AIPAC’s spending against her marked another “cynical attempt” to “defeat a candidate who won’t rubber-stamp their agenda.”

“AIPAC’s super PAC has failed time and again this cycle, and we expect this latest attempt to take Republican billionaire dollars and buy a Democratic primary to fail as well,” said deGroot. “Voters in the 14th deserve better, and they deserve a Member of Congress who will bring the kind of clear-eyed, nuanced and compassionate leadership that Dr. Wahab has shown throughout her career.”

This article originally appeared on JTA.org.

The post California Democratic primary pits AIPAC-backed candidate against progressive Israel critic appeared first on The Forward.

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Samuel Beckett’s characters may have seemed inert, but he didn’t wait to fight antisemitism

A newly published diary of Samuel Beckett’s extended trip to Nazi Germany in the late 1930s helps to explain why the Nobel Prize-winning Irish author became active in the Resistance movement in Occupied France. Already discussed and cited by Beckett scholars in such studies as Samuel Beckett’s German Diaries 1936–1937, the new book explains how the creator of Waiting for Godot, that dramatization of stasis and futility, could turn out to be a man of action opposing the Holocaust and the downfall of German culture.

At a time when only an estimated 1% or so of French citizens dared to assist the Resistance, Beckett was from neutral Ireland, where sympathies were often skewed to the enemies of the much-loathed British. But he risked his life to participate. Notoriously, after Adolf Hitler died in 1945, Irish Prime Minister Éamon de Valera visited the Reich ministry in Dublin to express official condolences at the demise of Der Führer. By contrast, Beckett scorned the Irish politician W.T. Cosgrave in a letter to a friend. Cosgrave, whose 1930s followers donned so-called Blueshirt uniforms and saluted superiors like worshipers of Mussolini and Hitler, was simply a “cockatoo” arrayed as a “Fascist,” according to Beckett.

Beckett spent time in almost three dozen German cities listening to fascists describe the appeal of the New Order, as well as radio broadcasts by Nazi leaders and other believers in the Third Reich. Yet unlike youthful foreign aesthetes who dallied in Fascist Europe, like the American architect Philip Johnson, who became a vocal advocate of Nazism and antisemitism, Beckett was never seduced by German propaganda. Possibly due to his close ties to Jewish friends and family members, Beckett refused to accept Nazi beliefs on race. Also, his finely honed artistic taste did not permit him to discard creative spirits because of their family origin.

Not limiting himself to reading about and discussing such persecution with sympathetic Germans as well as devotees of Nazism, he also spent time with Jews who had already suffered from the regime’s racial laws. One example was the painter Gretchen Wohlwill, a student of Matisse who was forbidden to paint by German authorities. Murals by Wohlwill at a public high school in Hamburg-Eimsbüttel named after women’s rights and education advocate Emilie Wüstenfeld were painted over by a Nazi-approved artist. Beckett met with Wohlwill repeatedly during his extended stay.

Beckett also dined at The Halali, a well-known Jewish-run wine restaurant and bar in the central Altstadt district of Hamburg. Ironically, the establishment’s name in German refers to a traditional cry or signal played on a horn to announce the successful end of a hunt. By the time Beckett patronized the place, Jews had already become the prey of Germany’s fascist rulers. His guest was Ilse Schneider, a German teenager on whom he had an unrequited crush. In romantic matters, Beckett was typically cool.

Indeed, a few months after returning from Germany, he had an affair with the American Jewish heiress and art collector Peggy Guggenheim, who found Beckett so languid and lethargic that she nicknamed him Oblomov, after an indecisive character in a 19th century Russian novel. An inert nobleman, the book’s eponymous hero rarely leaves his room or bed; in the first 50 pages, Oblomov only manages to move from his bed to a chair. Yet the inaccuracy of Guggenheim’s gibe was proven a few years later, when France awarded Beckett medals for working as a courier for a French Resistance network and assisting in sabotage operations against German occupation forces in the Vaucluse mountains, evading imminent arrest by the Gestapo. And all the while, he continued his literary output, polishing his much-admired 1944 novel Watt.

In his diary, just as the Polish Jewish historian Emanuel Ringelblum’s Notes from the Warsaw Ghetto were intended to preserve traces of daily life soon to vanish, Beckett carefully, even pedantically, noted details of his experience in Germany, even specifying the streets he walked along during outings in Hamburg and elsewhere, as if expecting them to be destroyed in an upcoming apocalypse.

The result is evocative, if not always compelling, reading. But an apparently dry extended list of paintings and monuments seen, noting when works by Jewish artists were missing or stored out of sight, had a documentary value in response to exalted rhapsodic Nazi tomes. Beckett carefully read (with frequent underlinings) Hitler’s manifesto Mein Kampf as well as “Der Stürmer” (Stormtrooper) a weekly German antisemitic tabloid newspaper. These doubtless made him reject lofty pro-Hitler advocacy which he persistently heard from others during his visit.

Although Beckett would always demur if interviewers asked about the philosophical content in his work, during his German visit and afterwards, he was drawn to Jewish philosophers in an attempt to puzzle out how Germany, whose culture and language he admired, could self-destruct through racist inhumanity. To address this mystery, Beckett pored over Baruch Spinoza’s Ethics; works by Edmund Husserl and Fritz Mauthner; and Ernst Cassirer’s biography of Immanuel Kant. Mauthner concluded with a prefiguration of Nazi devastation: “In his negative thinking, Kant is already the destroyer of everything.”

Similarly, soon after his arrival in Germany in 1936, Beckett realized that war was inevitable. Enthusiasm for Hitler, stoked by Propaganda Minister Josef Goebbels, was such that Germans “will soon have to fight: a war, or “they will explode.” With omnivorous energy akin to that of his mentor James Joyce, Beckett also consumed popular schlock like Erwin Guido Kolbenheyer’s novel about Spinoza, Amor Dei (Love of God), an antisemitic polemic that likens Jewish scholarship to a spider’s web spun over a “cup of joy,” to the “disgust of the thirsty.” Or Hans Grimm’s People with No Room (Volk ohne Raum), a fictional account justifying German invasion of East Europe to acquire land and wealth.

Beckett absorbed this deleterious material, but also read works of banned Jewish authors like Franz Werfel and Stefan Zweig. While mostly remaining discreet in public about his convictions, Beckett nevertheless marveled about the political obliviousness of Karl Ballmer, a painter whose canvases he admired. Ballmer would return to his native Switzerland in 1938 after blithely ignoring foreshadowings of the destruction of European Jewry.

The newly published diaries, which will appear next year in the U.S. and will be dramatized on Deutschlandradio, a public broadcasting corporation in Germany, understandably have less literary verve than Beckett’s missives to friends. Jotted down in a crabbed handwriting and not intended for publication, his diaries were preserved in a cellar storage space of Beckett’s Paris apartment and later donated to an archive at the University of Reading. Always one to belittle himself, the modest Beckett termed the journal “absurd” because it “serves no purpose” and is merely “the act of an obsessional neurotic.” On the contrary, as documentary evidence of how fascism can take hold of a population, its significance is ever-more timely and powerful for Jewish readers in America and elsewhere.

 

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Can an anti-Zionist Democrat win in a heavily Jewish South Florida district?

(JTA) — Democratic primary voters in Florida’s newly drawn 25th Congressional District are choosing on Tuesday between an anti-Zionist member of the Democratic Socialists of America and one of Israel’s staunchest supporters in Congress.

The race offers a test of whether the Democratic Party’s progressive insurgency can extend to a district that includes Delray Beach, Boca Raton and Miami Beach and an electorate that is roughly 25% Jewish, highlighting the party’s widening divisions over Israel.

Redistricting has transformed what had been solidly Democratic territory into a district President Donald Trump would have carried in 2024. The new lines pit Oliver Larkin, a DSA member who has accused Israel of genocide and called for ending U.S. military aid to the country, against Jared Moskowitz, a two-term congressman who backs continued U.S. military aid even as support for it has eroded within his party.

Polling from Moskowitz-aligned firms has shown him with a lead of 30-plus percentage points, while a more recent poll from a Larkin-aligned outlet this month put the two in a statistical dead heat.

Florida Rep. Jared Moskowitz speaks during a news conference outside the U.S. Capitol Building on June 09, 2026, in Washington, DC. (Anna Moneymaker/Getty Images)

Larkin’s language has alarmed some Jews, including his labeling of modern-day Israel as a “religious supremacist” country and his call for Israel to become a “secular” state. “I do not support a religious supremacist regime, whether it be in Israel or Saudi Arabia, or any other country,” Larkin told Fox News.

Larkin supports a complete arms embargo on Israel, and told JTA that that should be “the minimum standard for anyone claiming to support democracy.” Asked by Fox News if he supports selling defensive weapons to Israel, Larkin responded, “I do not make a distinction between offensive and defensive weaponry.” He also backed New York City Mayor Zohran Mamdani’s goal of arresting Israeli Prime Minister Benjamin Netanyahu. Larkin doubled down after Mamdani backed down from the stance, saying, “I believe that the United States, any federal or otherwise law enforcement entity that has the legal jurisdiction to arrest Benjamin Netanyahu for his war crimes — that should be enforced.”

Larkin has courted support from left-wing, anti-Zionist Jews who support his platform and says that he has spoken out against antisemitism on the campaign trail.

“Our campaign believes in collective liberation for all people and that includes the liberation of Jewish South Floridians and Jewish people the world over from antisemitism,” Larkin said in a statement to the Jewish Telegraphic Agency. He said that there is a rise in fascism across the U.S. and that we “must recognize the link between antisemitism, Islamophobia, anti-Black racism, xenophobia, transphobia, and more and build a coalition to unite together to defeat these forces.”

Larkin said he supports a “one-state solution with equal and democratic rights for all people.”

Progressive, pro-Palestinian candidates with similar platforms have won the Democratic nomination this midterm cycle in deep-blue districts around the country. Larkin, who worked on Vermont Sen. Bernie Sanders’ 2016 presidential campaign, is betting he can match their success even in a heavily Jewish district that leans more to the center.

Moskowitz, who is endorsed by AIPAC and Democratic Majority for Israel, outright accused Larkin of fueling antisemitism, telling the Sun Sentinel editorial board in a letter that his opponent “has embraced the support of individuals and organizations that have repeatedly trafficked in antisemitic rhetoric and hostility toward the Jewish community.”

Last month, a Boca Raton rabbi encouraged Republican congregants to register as Democrats so they could cast their votes for Moskowitz. The far more moderate Democrat has refused to debate Larkin, saying that his opponent is contributing to antisemitism.

Moskowitz has also claimed that Larkin is “running against me solely on my religion.” The Sun Sentinel board rated Moskowitz’s claim “demonstrably untrue” and, in an unusual move, said it would not endorse him for reelection after he declined a joint interview with Larkin. The paper decried what it described as Moskowitz’s “lack of respect for voters.” Moskowitz’s campaign did not respond to a JTA request for comment.

Moskowitz has outraised Larkin 11-to-1, according to local media estimates. The American Israel Public Affairs Committee has raised $667,200 of Moskowitz’s $2.5 million through June 30, according to campaign finance analyses done by the website Open Secrets.

Donna Nevel, a member of the South Florida chapter of the anti-Zionist group Jewish Voice for Peace, believes Larkin can win.

“There are thousands and thousands of us, from Jewish communities and all across South Florida, who are doing everything we can to make sure that Oliver will be our congressperson,” Nevel said to a cheering crowd, during a fundraiser held in New York City earlier this month.

She also said that “many Zionist organizations think that South Florida is their backyard.” She continued, “And we say, ‘Hell no!’”

In an email to JTA, Nevel said there are a “large and growing” number of Jews in the district supporting Larkin, including “well over a hundred Jewish canvassers on a regular basis.” Larkin joined a JVP-hosted Shabbat dinner with Michigan Rep. Rashida Tlaib and Florida’s left-wing U.S. Senate candidate Angie Nixon on Friday.

Larkin has said that we “should not be supporting or allowing AIPAC to influence our elections.” He told the South Florida Sun Sentinel that the group has a “corrupting influence” and that it only supports Congress members “on the condition, in my estimation, that they support wholesale U.S. military aid to Israel.”

Left-wing streamers Hasan Piker — a staunch Israel critic who’s drawn antisemitism accusations — and Michael Beyer, who was suspended from Twitch after calling Jews a “demon ethnicity,” have both fundraised for Larkin.

Asked about their support, Larkin told the Sun Sentinel that both figures have used “language that I personally have not used and will not use,” and said that as a candidate it is important “that I speak in respectful terms and based in fact.”

“But I believe that when those individuals have made those references it’s been towards members of the Israeli government,” Larkin said, as well as Israeli settlers in the West Bank.

“So certainly they’re not politicians and they don’t speak in political terms, and I don’t condone language that dehumanizes any individual,” he said. “I do think that they have legitimate criticism — even if it is rather unvarnished in how they convey it — of what the Israeli government has done.”

This article originally appeared on JTA.org.

The post Can an anti-Zionist Democrat win in a heavily Jewish South Florida district? appeared first on The Forward.

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