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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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As Trump betrays Ukraine, it’s beginning to feel a lot like Munich
In Munich on Sept. 30, 1938, the leaders of Britain and France signed an agreement with Adolf Hitler that caved to the Nazi leader’s demand that Germany be given a chunk of Czechoslovakia. Five months later, Hitler ordered the German military to forcibly take the remainder of the neighboring country.
On Oct. 9, 2026, Donald Trump and Vladimir Putin struck a deal allowing Russia to sell diesel fuel to global markets, most importantly to the US. Then Trump waived a package of sanctions on Russia that had been passed by Congress. By replenishing Russia’s war coffers, it is likely more Ukrainians will die because of these twin gifts from America’s president to the warmongering Russian autocrat.
Why is Trump doing this? He seems to be hoping the diesel deal will help him avert disaster in the upcoming midterms. Or maybe there’s more to it than that. Perhaps Trump seriously thinks that this will get him the Nobel Peace Prize by ending the war in Ukraine through helping Putin win it. Perhaps it’s one more scheme to further enrich himself and his family. Or maybe Putin really does have something on Trump.
In any event, it feels like Munich all over again.
There are some remarkable parallels between Czechoslovakia’s predicament in 1938 and Ukraine’s nine decades later: separatists in two vulnerable Central European democracies were encouraged and supported by a neighboring authoritarian regime that sought to seize adjacent territory under the pretext of protecting a minority from oppression.
And at the center of both narratives is betrayal: of Czechoslovakia by Britain and France, and Ukraine by Trump.
In the spring and summer of 1938, Konrad Henlein, leader of the Nazi-allied Sudeten German Party in Czechoslovakia, held secret meetings with Hitler and other Nazi officials. They concocted a plan: Cause so much disorder in the Sudetenland that the Czech government would declare martial law, thus creating an excuse for German troops to march in to protect the ethnic German minority.
Tensions that had long existed along the Czech frontier erupted into gunfire and death in the Sudeten town of Habersbirk on the morning of Sept. 13, 1938. A mob of German separatists hung a swastika banner from a church tower, stormed the police station, kidnapped the wife of a cop, and engaged in gunfights with police officers that lasted hours. Four Czech police officers and four insurgents died. Outbreaks of violence, terror and torture raged along the border for days, backed by Freikorps paramilitary troops who crossed from Germany and by SA and SS men who took part in cross-border sabotage and armed attacks.
The uprising had the desired impact. Just 17 days later — on Sept. 30, 1938 — Britain, France, Italy and Nazi Germany signed the Munich Agreement, yielding to Hitler’s demand that the Sudetenland be ceded to him. After landing at an airport outside London, Prime Minister Neville Chamberlain waved a document in his hand and jubilantly proclaimed:
“The settlement of the Czechoslovak problem which has now been achieved is, in my view, only the prelude to a larger settlement in which all Europe may find peace.”
“I believe it is peace for our time,” Chamberlain said later that day.
But it didn’t take long for Hitler to show he could not be trusted. Hitler’s army marched into Czechoslovakia on March 15, 1939. Germany’s invasion of Poland followed less than six months later, and by 1942 German forces controlled territory spanning from the Atlantic Ocean to deep inside the Soviet Union.
Ethnic Germans’ uprising in Czechoslovakia in 1938 found an echo nine decades later in Ukraine’s Donbas region, where unrest that began with pro-Russia protests in 2014 evolved into the war Russia has been waging on its neighbor for nearly five years.
In the spring of 2014, paramilitary units led by Russian intelligence officers stormed government office buildings in several towns and cities in Donbas, seizing weapons and clashing with police. In a scene reminiscent of the Habersbirk siege of 1938, on April 14, 2014, pro-Russian militants seized the police station in Horlivka, beat up the police chief, and murdered a member of the city council, whose body was found in a river. Similar clashes occurred throughout Donbas.
Two Kremlin-backed pseudo-states soon emerged: the Donetsk People’s Republic and the Luhansk People’s Republic. Russia funneled tanks, artillery, air defense systems and fighters into Donbas, fueling a war between separatists and Ukrainian forces that dragged on for years.
Like Hitler in the Sudetenland, Russia’s de facto occupation of Donbas was not enough for Vladimir Putin. His eyes were on all of Ukraine, and he spent years manufacturing pretexts for the full-scale invasion that began on Feb. 24, 2022.
Trump has been buttering up Putin for more than a decade, starting with his 2015 campaign for president, when he effusively praised the ruthless Russian autocrat’s leadership style. Putin is a “strong leader,” is “far more respected than our president,” meaning the immensely popular Barack Obama, and was someone he “would get along with very well,” Trump said back then.
Trump’s admiration for Putin took on ominous tones after becoming president. During a press conference after the two leaders’ 2018 Helsinki summit, Trump questioned intelligence findings on Russian election interference and said he believed Putin’s denial. “I don’t see any reason it would be Russia,” Trump told reporters, with the Russian strongman standing at his side.
After Russia’s invasion of Ukraine in 2022, during Biden’s presidency, Trump called it “a pretty smart move,” praised Putin as a “genius,” and also said it wouldn’t have happened if Trump was still president, remarks that were amplified by Russian state media.
During Trump’s second term, his buddy-buddy relationship with Putin has turned into a virtual strategic alliance, as the American president repeatedly makes moves and statements that seem designed to please the Russian autocrat. There are Trump’s threats to abandon NATO, his humiliation of Ukraine President Volodymyr Zelensky during a February 2025 meeting inside the Oval Office, and most recently Trump’s demand that Ukraine cease its drone attacks on Russian oil refineries, his call for Zelensky’s ouster, and envoy Steve Witkoff thanking Putin for being a “humanitarian.”
Putin has proposed a summit between himself, Trump, and Chinese leader Xi Jinping to discuss ending the war in Ukraine. It’s notable that Ukraine has not been invited. This is also what happened in Munich nine decades ago, when Czech delegates were excluded from the room, and others decided Czechoslovakia’s fate.
Last October, aboard Air Force One, Trump told reporters the Donbas region should be “cut up,” leaving most of it in Russian hands.
“Let it be cut the way it is,” he said. “They can negotiate something later on down the line.”
It seems the fate Trump envisions for Ukraine is similar to the one Hitler envisioned for Czechoslovakia. It would be naïve to think that Putin’s expansionist ambitions would stop there.
The post As Trump betrays Ukraine, it’s beginning to feel a lot like Munich appeared first on The Forward.
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A Chabad Jew was stabbed in NYC. He returned the next day to continue wrapping tefillin.
(JTA) — Less than 24 hours after he was stabbed in midtown Manhattan, Yosef, a Chabad-Lubavitch man from Crown Heights, was back on the same street where he’d been assaulted, popping into Diamond District businesses as usual to help employees wrap tefillin.
Yosef, 26, who did not share his last name to maintain his privacy, told the Jewish Telegraphic Agency that he was back on 47th Street on Thursday afternoon, the day after the stabbing, without missing a beat in his Monday-through-Thursday rounds even as police investigate the incident as a possible hate crime.
A number of the people he visited pieced together that the widely circulated footage of a man being stabbed the previous night was of him.
“They were in shock. They were obviously scared for me,” said Yosef, who has been wrapping tefillin and distributing Shabbat candles to Jewish Diamond District employees for about three years. He started that routine when his father, a Chabad Jew who works in the jewelry business, realized he needed his son’s help to handle the demand for those acts. Yosef told Chabad.org that he was “still shaken” by the attack a day later.
Still, he told JTA, “We can’t allow some hate to stop us.”
Yosef said he felt it was important to communicate that message because “we need more mitzvahs in the world, we need more light in the world.”
Yosef was taken to Bellevue Hospital on Wednesday evening around 6 p.m., where medical staff assessed that he had no internal bleeding and would not need stitches. No arrests have been made, but the assailant has been described as a woman in her 40s.
The attack has renewed concerns about security that have faced Chabad adherents and institutions, which often host public events and maintain a visible street presence. But the threat didn’t diminish their presence in midtown Manhattan on Friday.
Multiple Chabad men stood under a bright yellow tent on the sidewalk wrapping tefillin for a steady stream of workers in the heavily Jewish Diamond District.
“The Rebbe says that the way to defeat darkness is only through the addition of light,” said Shmuel Cohen, who was handing out small photographs of the movement’s late leader, the Lubavitcher Rebbe Menachem Mendel Schneerson.
Cohen told JTA that he had not heard about the attack that took place just down the block two days earlier, though his partner under the sidewalk tent had. Cohen said that the best way to respond is through “the observance of Torah and mitzvot without being ashamed of our Judaism but presenting it to everyone.”
Also on Friday, Chabad officials met with New York Police Department representatives for their annual meeting about security ahead of Chabad’s international conference in Crown Heights, the Brooklyn neighborhood where the movement is headquartered. The conference begins on Nov. 5.
Chabad has been targeted in multiple high-profile attacks in the past year, including the deadly Bondi Beach shooting in Australia in December. The following month, a man rammed a car into the doors of the Chabad-Lubavitch headquarters in Brooklyn, raising further questions over how the movement should balance its commitment to making its events accessible with security.
Meanwhile, Jews have been targeted in more than half of hate crimes committed in New York City in 2026, despite making up about 12% of the city’s population.
“Security is our top priority. Our goal is to provide an environment where every participant feels safe and can fully experience the purpose and spirit of the gathering,” said Rabbi Mendy Kotlarsky, a top organizer of the upcoming conference.
In the wake of the attack, Yosef said he is not concerned about going out in public as a visibly Jewish person and doesn’t plan to change how he approaches the world.
“I was wearing the same clothes on Tuesday and Wednesday and Thursday,” he said. “I didn’t change my routine.”
This article originally appeared on JTA.org.
The post A Chabad Jew was stabbed in NYC. He returned the next day to continue wrapping tefillin. appeared first on The Forward.
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They met on a Birthright trip then married. Now this American Israeli couple’s internet fame has turned to infamy.
Ethan and Hila Klein first met at Yad Vashem — Israel’s Holocaust museum — in 2007, a meet-cute they recounted, giggling, years later for their millions of YouTube followers.
“I think I went up to her and said something like, ‘They had it coming, don’t you think?’” said Ethan, known for his edgy humor and infamous internet trends, including Vape Nation and Papa Bless. “No I didn’t say that. I wonder if you would have laughed though.”
They were on a Birthright trip, Ethan an American and Hila an Israeli soldier on leave to join the group. Soon after the trip ended, Ethan moved to Israel to be with Hila, and the two began making videos under the name H3H3 Productions (the H for Hila and the 3 standing in as an E for Ethan). They married, moved to America, and started a popular podcast.
A Jewish love story, until Thursday, when Hila, now mother to their three children, accused Ethan publicly of having a months-long affair.
“The betrayal I feel is immeasurable,” Hila said in an Instagram post. “My only family on this side of the world. How do I even begin to make sense of this?”
Ethan reposted her statement.
Their podcast is run by a handful of crew members who often chime in and participate in various skits and bits. The crew also shared a statement saying they stand with Hila and refuse to work with Ethan, though they added they don’t know what this will mean for the future of the show.
A couple roiled by Oct. 7
The left-leaning, secular couple’s videos and podcasts focused primarily on pop culture, internet drama and general politics, not Jewish or Israeli issues.
Both Ethan and Hila would make statements sometimes when tensions in Israel flared, and they would occasionally speak out against IDF actions that upset them.
In 2021, Ethan started a podcast with political commenter Hasan Piker, a controversial left-wing influencer, called Leftovers, a nod to their leftist politics.
Then came Oct. 7.
Ethan, an American Israeli dual citizen like Hila, was horrified by the attacks but quick to call the IDF genocidal in the aftermath. In their first episode together after Oct. 7, Ethan and Piker said the show would continue through their disagreements. The episode was tense, and it was their last.
As Piker’s rhetoric on Israel intensified and became at times antisemitic, the two began a nasty internet feud, culminating in a nearly five-hour livestreamed debate.
Piker posted about the news of the affair on X, sharing a video of Ethan and expressing disgust for men who cheat.
“Now this is a high caliber man [with] good morals,” Piker said sarcastically. He also posted “Judge me by my enemies” after sharing Hila’s statement.
Hila, who owns a makeup and clothing company, increasingly came under scrutiny by Piker and others after Oct. 7 for her service in the IDF. Artists refused to work with her. One model she hired publicly disavowed her after finding out she was Israeli.
The couple was harassed, sometimes online, sometimes in-person, as they attempted to take what they viewed as a nuanced stance in the aftermath of Hamas’ attack on Israel and the ensuing war in Gaza. The united front seemed to fortify their relationship, as Ethan, ever outspoken, routinely came to his wife’s defense.
Their show lost thousands of subscribers, but loyal fans stuck with them — fans who now say they are gutted and confused by the news of the affair. Many in disbelief noted that Ethan had Hila’s face tattooed on his arm less than two years ago as a surprise for her.
“The greatest thing a man can do for his children is to love their mother,” says the quote surrounding the tattoo.
The Forward attempted to contact the Kleins through their work emails and did not immediately hear back.
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