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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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Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries
(JTA) — New York City Mayor Zohran Mamdani on Thursday night accused the American Israel Public Affairs Committee of spending “millions in dark money” to ensure pro-Israel candidates win seats in tthe November midterms.
Mamdani made his remarks at a rally headlined by Sen. Bernie Sanders (I-VT) at Kings Theater in Brooklyn ahead of Tuesday’s Democratic primaries for progressive congressional candidates. He called on the crowd to help elect Jewish former New York City Comptroller Brad Lander, State Assembly member Claire Valdez and former Columbia encampment organizer Darializa Avila Chevalier.
In a fiery 30-minute speech, Mamdani took aim not just at AIPAC but also Israeli Prime Minister Benjamin Netanyahu and his handling of the war in Gaza. He claimed that “The monsters that we are up against, they take many different forms,” and then singled out AIPAC.
He described the major pro-Israel lobby as an organization “for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and Netanyahu’s wars.”
Mamdani continued by alleging that AIPAC moves “millions in dark money to accomplish a single goal, to preserve their power so that they can turn us against one another instead of our leaders turning towards the moral change we all know to be necessary.”
AIPAC did not respond to a request for comment about Mamdani’s remarks.
The lobby, whose endorsement was once heavily sought by politicians on both sides of the aisle, has increasingly come under fire for its campaign tactics. Pro-Israel Democrats are particularly struggling to hold onto seats as voters on the left increasingly turn against the Jewish state.
Sanders, for his part, doubled down on criticism of AIPAC when he took the stage. “The American people understand that a large part of our horrific foreign policy is impacted by AIPAC funding,” he said.
Turning to the local races, Mamdani voiced support for Valdez for her opposition to Israel. “When other Democrats chose to look the other way as Netanyahu committed war crimes, Claire didn’t just name the genocide,” he said. “She organized for a ceasefire.”
In a change of tone, Mamdani emphasized unity, including an appeal to Jewish voters.
“Whether you worship at shul, at a mosque, in a church, a gurdwara, a temple, or you don’t worship at all, we share a belief that our city deserves leaders who lead with hope and not fear,” the mayor said.
He added, “No matter where we live, how old we are, what train we take in the morning, or what bagel we order, we are New Yorkers and we want the same things,” including “a city that belongs to all of us.”
Reaction on social media was swift. One self-described mom from New York City posted on X of the rally and the Democratic Socialists of America there: “It’s pretty transparent and vile how Zohran Mamdani and the DSA are using ‘AIPAC’ as a euphemism for Jews, and how Brad Lander is going right along with it.”
Jewish writer Dovi Safier also criticized the comments, writing, “The mayor of the city with the world’s largest Jewish population is pushing conspiracy theories about ‘money men’ who ‘move millions in dark money’ to ‘turn us against one another’ — and calling them ‘monsters.’ Subtle.”
This article originally appeared on JTA.org.
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Jewish groups push back against Trump’s Iran deal — but more quietly so far than in 2015
(JTA) — A growing number of Jewish groups are pushing back against the new memorandum of understanding brokered between President Donald Trump and Iran.
At least for now, however, their responses are more muted than when the same groups publicly opposed former President Barack Obama’s own Iran deal in 2015. And at least one major Jewish group that opposed Obama’s deal is backing Trump’s framework.
“Trust President Trump,” the Republican Jewish Coalition told its followers Thursday, becoming the most notable Jewish group to support Trump’s memorandum of understanding.
“President Trump has earned the trust of the Jewish community as he and his team work towards a final agreement,” RJC CEO Matt Brooks and chair Norm Coleman said in a statement. They praised the MOU, saying it “envisions a horizon of economic stability for the United States, the region, and the world,” and that it “provides an opportunity for potential new pathways to greater peace.”
The RJC cautioned that “a final deal must avoid the flaws that doomed Obama’s,” specifying that there should be “no sunset clauses” on Iran’s nuclear program and other proposals. In the days before its own statement, the group had been reposting praise of the MOU from other Trump allies, including Sen. Lindsey Graham.
Meanwhile, the American Jewish Committee and the pro-Israel lobbying giant AIPAC took a different tack. They became the largest Jewish organizations to voice concern with the new Iran deal on Thursday, issuing public objections following requests for comment from the Jewish Telegraphic Agency.
The MOU “raises significant questions,” AIPAC said in a lengthy statement that urged Congress to intervene ahead of “a final nuclear agreement,” claiming that the terms of the MOU don’t match “President Trump’s stated objectives for the war.”
The AJC outlined what it said were seven “concerns” it had with the MOU. Like most of the other Jewish groups that responded to JTA for this story, the AJC also expressed hope that the terms of the deal could be changed to be stricter on Iran and more favorable to Israel before it is finalized. (In 2015, in response to Obama’s Joint Comprehensive Plan of Action, the AJC said it “overwhelmingly” would “oppose this deal.”)
Trump’s MOU is not a final agreement, unlike Obama’s JCPOA. Rather, it marks the start of a 60-day negotiating period that aims to end the Iran war about to enter its fourth month. It does not yet outline any clear commitments regarding Iran’s nuclear program, which had been at the heart of the JCPOA and which is of particular concern to Jewish groups, who are roundly opposed to Iran obtaining a nuclear weapon in large part because of the risk to Israel. Many had objected to Obama’s deal in part because of its “sunset clauses” that would have phased out nuclear restrictions starting at the 10-year mark.
Regardless, many analysts across the political spectrum are concluding that Trump’s framework is a worse deal than Obama’s, in part because it provides a pathway for Iran to stage an economic recovery.
The Israeli government, which sent Prime Minister Benjamin Netanyahu to personally lobby Congress in 2015 to oppose Obama’s deal, is also strongly opposed to Trump’s — in part because it would require Israel to withdraw from fighting Hezbollah in southern Lebanon. A new poll by Israel’s Channel 12 found that 71% of Israelis don’t trust Trump to look out for their country’s interests in negotiations with Iran.
Hawkish pro-Israel think tanks, including the Foundation for Defense of Democracies and the Jewish Institute for National Security of America, issued papers knocking Trump’s deal.
“In some ways, the MOU is even weaker than President Barack Obama’s,” JINSA said. “This new deal authorizes the transfer of far more money and lifts many more sanctions on Iran than the JCPOA ever did.”
Trump and his top surrogates, including Vice President JD Vance, are increasingly signaling a lack of patience with Israel and a willingness to prioritize ending the war over stopping Iran’s nuclear program.
Some groups are waiting before weighing in. Nathan Diament, head of the Orthodox Union, declared Obama’s deal “not kosher” in 2015. On Thursday, he told JTA that the question of how to respond to Trump’s deal “will be a central topic of discussion” at the group’s leadership advocacy mission in Washington, D.C., taking place early next week. O.U. representatives are scheduled to meet with members of the Trump administration, as well as members of Congress.
JTA reached out Thursday to a wide range of Jewish groups that publicly opposed Obama’s Iran deal in 2015 to ask them their views on Trump’s. Many others, including the Anti-Defamation League and the Conservative movement’s Rabbinical Assembly, did not respond by press time.
Of those who did, only Morton Klein, head of the right-wing Zionist Organization of America, castigated the MOU outright. Klein told JTA he was “extremely upset with this deal” — and with Trump.
“I find this deal just astonishing,” Klein said. “Helping out a country that Trump himself said, if they’d gotten nukes, they’d have used them on Israel and killed millions of Jews? So that mentality, now you’re helping them rebuild?”
He added, “Trump has done many wonderful things for Israel, so we’ve praised Trump for that. But now he’s doing something very bad for Israel and America.”
Such level of forceful public opposition to the deal, though, is rare in Jewish circles at present — especially in contrast with the extent of Jewish mobilization against Obama’s deal in 2015.
Back then, in addition to the usual Jewish advocacy groups, dozens of local Jewish federations across the country pushed their communities and representatives to fight it, in a sweeping and sustained show of opposition.
“This Iran deal threatens the mission of our Federation as we exist to assure the continuity of the Jewish people, support a secure State of Israel, care for Jews in need here and abroad and mobilize on issues of concern,” one typical statement, from the Jewish Federation of Greater Los Angeles, read at the time.
Three years later, during Trump’s first term, he tore up the JCPOA, calling it “a horrible one-sided deal that should have never, ever been made.”
The lack of similar opposition today for Trump’s deal, Klein said, was glaring: “Nobody is taking issue with this agreement in the Jewish world.”
Among local Jewish groups, the initial reaction to Trump’s MOU has struck a measured tone. The Jewish Community Relations Council of Greater Washington, one of dozens of local Jewish communal groups that publicly opposed the 2015 JCPOA, told JTA it was “concerned” that Trump’s deal “has granted Iran a new leverage point to use in the future to inflict pain on the world’s economy.”
Ron Halber, the JCRC’s head, blasted the MOU for being crafted without Israel’s input, and for requiring Israel to withdraw from its offensive against Hezbollah in Lebanon. Similar to AIPAC, Halber said his organization would continue to push for “a final U.S.-Iran agreement” that is more favorable to Israel and takes harsher measures against Iran.
In its statement, the Jewish Federation of Greater Philadelphia, which also opposed the JCPOA, did not directly weigh in on the new MOU. Instead, the federation said, “Any agreement involving the Iranian regime should be judged by its ability to prevent a nuclear-armed Iran,” among other factors.
JTA reached out to six other major Jewish federations that opposed the 2015 JCPOA, including Combined Jewish Philanthropies of Greater Boston, which was the first federation to oppose that deal and whose leader wrote, in 2021, “We were right.”
CJP of Boston did not respond to a request for comment. The Jewish United Fund of Chicago declined to comment, while several other federations that opposed the JCPOA — including Los Angeles, Miami, Phoenix and Detroit — did not respond by press time.
In its own statement opposing the MOU, AIPAC did not outline an advocacy plan to combat it, in contrast to its full-court press against the JCPOA. An AIPAC spokesperson did not return a JTA request for comment on whether, or how, it planned to advocate against Trump’s MOU.
This article originally appeared on JTA.org.
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Who is Gadi Eisenkot, the Israeli politician who could dethrone Netanyahu?
Until recently, former Prime Minister Naftali Bennett appeared to be the opposition figure best positioned to challenge Benjamin Netanyahu in Israel’s election this fall. But a new contender has emerged: Gadi Eisenkot, a former Israel Defense Forces chief of staff, whose newly formed Yashar! (“Straight!”) party is rapidly gaining popularity.
According to Israel’s public broadcaster KAN, Eisenkot’s party currently projects to win 21 Knesset seats, trailing Netanyahu’s Likud at 23. Bennett and Yair Lapid’s joint slate, Together, the duo that managed to win the 2021 elections, is polling at 17 seats. Several other major Israeli polls reflect a similar or even stronger position for Eisenkot. As of this writing, Eisenkot and Netanyahu are neck and neck on Polymarket as the most likely politician to become the next prime minister.
Amid Trump’s Iran deal, which left Netanyahu in the lurch and has been widely unpopular among Israelis, Netanyahu’s appeal as a prime minister who can ensure Israel’s security is beginning to slip. Only 11% of Israelis feel Israel won the war, and 52% feel Netanyahu’s conduct harmed Israel’s interests in the U.S.-Iran deal. A recent Channel 12 survey found that 58% of Israelis believe the country’s next prime minister should not be Netanyahu.
After Bennett and Lapid joined forces to run together this April, their popularity has been steadily decreasing. Since they announced their joint run, Eisenkot has been gaining roughly one seat per week in Israeli polling.
This reflects an important theme in Israeli politics: combining politicians does not necessarily combine their voters. Bennett, a right-wing Orthodox nationalist who has long opposed a Palestinian state, appeals to a different constituency than Lapid, a secular centrist who has expressed support for a two-state solution.
Some right-wing voters who have supported Bennett now may view him as too left-leaning for their tastes because of his alliance with Lapid. For Bennett, who was seen as someone who could take right-wing voters from Netanyahu, this is a real problem.
Enter Eisenkot: a security-focused centrist with an untraditional background. He grew up in Eilat as the son of Moroccan immigrants. If elected, he would be the first ever Mizrahi Prime Minister in Israeli history.
He did not serve in Sayeret Matkal, the elite special reconnaissance unit in the IDF that cultivated many future Israeli politicians, including Bennett and Netanyahu. Rather, he got his start in Golani, the IDF’s oldest unit. He slowly climbed through the ranks, spending his career within the security establishment before eventually becoming the chief of staff of the IDF in 2015.
His political career is relatively new. Eisenkot entered politics in 2022 as part of Benny Gantz’s National Unity party before breaking away to launch Yashar! in 2025. His time in politics, though short, has been free of scandal or feuds — beyond, of course, his frequent disagreements with Netanyahu.
Service for all
For many Israelis, Eisenkot’s public image is inseparable from personal loss. His son, Gal, was killed fighting in Gaza in 2023, and two of his nephews also died during the war. Their deaths have given Eisenkot a unique standing in a country where military service has profoundly affected many Israeli families in the last few years, especially following the Oct. 7 attacks.
This experience also resonates amid one of the most contentious debates in Israeli politics: whether ultra-Orthodox yeshiva students should continue receiving exemptions from military service. As reservists have been called up repeatedly since Oct. 7 and the IDF has faced manpower shortages, many Israelis have argued that the burden of military service is being shared unequally. Roughly 80,000 men aged 18 to 24 who are currently exempt are eligible to serve in the IDF.
According to the Israel Democracy Institute, only 9% of the Israeli public supports exempting the ultra-Orthodox from mandatory military service. Netanyahu’s coalition, which depends on ultra-Orthodox parties, has sought to preserve some form of exemption system.
Eisenkot not only faced profound personal sacrifice for his family’s military service, but he also runs on the platform “service for all,” which hopes to reform broad military exemptions for the ultra-Orthodox.
In May 2025, he shared his thoughts for the first time on a two-state solution, telling Channel 12, “I always speak in favor of a Jewish, democratic, strong, and powerful state, and from that, we should derive our decisions. I think a Palestinian state is not relevant after October 7.” He added, “We need to be very measured, build it from the bottom up, and certainly not talk about a state and a prize after this murderous event,” he said, referring to the Oct. 7 attacks. “Instead, we should make our considerations from a position of strength, take our time, and not decide from one moment to the next, certainly not talk about it now.”
One of the most visible criticisms of Eisenkot has been his lack of command of the English language. Eisenkot speaks English, though certainly not to the level of fluent proficiency of MIT-educated Benjamin Netanyahu or Naftali Bennett. Last week, a top Netanyahu aide, Jonatan Urich, posted a viral video on X splicing clips of Einsenkot speaking heavily accented English with Nethayahu’s major speeches at the UN and Congress.
Eisenkot responded to the video on a popular Israeli podcast, stating, “Where was Netanyahu’s excellent English on October 7?” he asked. “Where is his excellent English in strengthening the relationship between Israel and the United States, which this morning is at rock bottom?”
While Eisenkot’s party continues to soar in the polls, he has a long way to go before he will be able to dethrone Netanyahu, who has won six Israeli elections since 1996.
Israel’s next prime minister will not simply be the person who secures the most votes for their party. To govern, a coalition must command at least 61 of the Knesset’s 120 seats. To do this, political parties – though often ideologically different – must come together in the hopes of securing a majority number of seats in the Knesset.
Eisenkot’s principal rival for leadership of the anti-Netanyahu camp is Bennett. Still, both Bennett and Eisenkot have emphasized that their primary goal is to take down Netanyahu. When asked whether he would step aside for Eisenkot if that were necessary to form a government, Bennett replied: “I will do anything in the world to replace this very bad government. I will not let ego be a factor.”
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