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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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Israeli man indicted in attack on Catholic nun in Jerusalem’s Old City

(JTA) — An Israeli man was indicted on Thursday in connection to the violent assault of a Catholic nun in Jerusalem last month, after prosecutors said he targeted her over her Christian identity.

Yona Schreiber, 36, from the West Bank settlement of Peduel, was arrested last week and has since been indicted on charges of “assault causing actual injury motivated by hostility ​toward the public on the grounds of religion, as well as simple ​assault,” the state attorney’s office said in a statement.

According to the indictment, Schreiber, who is Jewish, attacked the nun just outside of the Old City in Jerusalem because he identified her as a Catholic nun. Schreiber allegedly pushed and then kicked the nun as she was lying on the ground and also attacked a passerby who attempted to intervene.

The nun, a researcher at the French School of Biblical and Archeological Research, suffered bruises on her face and leg due to the attack, the state attorney’s office said.

The attack, which drew condemnation from Catholic leaders as well as faculty at the Hebrew University of Jerusalem, comes amid mounting concern over hostility toward Christian clergy and holy sites in Israel.

Cases of Jews harassing Christians have risen sharply in recent years. Last month, the IDF punished a soldier who was filmed bludgeoning a statue of Jesus in southern Lebanon. This week, the IDF also announced that it would discipline a different soldier who was seen placing a cigarette into the mouth of a statue of the Virgin Mary in a photo posted on social media.

Israel’s attorney general asked the Jerusalem Magistrate’s Court, where the indictment was filed, to hold Schreiber ​in detention for the duration of the legal proceeding.

The assault carries a maximum prison sentence of three years, which could increase to six years if prosecutors prove the attack was motivated by religious bias.

The post Israeli man indicted in attack on Catholic nun in Jerusalem’s Old City appeared first on The Forward.

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Jewish real estate magnate Steven Roth likens Mamdani’s ‘tax the rich’ rhetoric to ‘from the river to the sea’

(New York Jewish Week) — Jewish real estate mogul Steven Roth compared New York City Mayor Zohran Mamdani’s “tax the rich” rhetoric this week to racial slurs and pro-Palestinian rhetoric on an earnings call for his company, Vornado Realty Trust.

“I consider the phrase ‘tax the rich’ when spit out with anger and contempt by politicians both here and across the country, to be just as hateful as some disgusting racial slurs and even the phrase, ‘from the river to the sea,’” Roth said, referring to the phrase commonly used at pro-Palestinian protests that many Jewish groups consider antisemitic.

The remark by Roth, who has long been a notable philanthropist to Jewish causes, adds to mounting tensions between New York business leaders and Mamdani over his recently announced “pied-à-terre” tax on second homes valued at more than $5 million.

During the call Tuesday, Roth also expressed support for Ken Griffin, the CEO of Citadel, whose $238 million dollar penthouse was featured in a video by Mamdani announcing plans for the tax last month.

“We are all shocked that our young mayor would pull this stunt in front of Ken’s home and single him out for ridicule,” Roth said. “The ugly, unnecessary video stunt is personal for Ken and sort of personal for me.”

Roth’s comments touched on a longstanding source of friction between Mamdani and some New York Jewish leaders, who have criticized the mayor over his views on Israel and his previous defense of the phrase “globalize the intifada,” another common pro-Palestinian slogan viewed by some as a call to violence against Jews.

In the wake of Mamdani’s election, some Jewish business leaders, including Dave Portnoy, the Jewish founder of Barstool Sports, said that they planned to leave the city altogether, citing the mayor’s fiscal policies and concerns about antisemitism under his leadership.

In a statement responding to Roth’s comments, Mamdani’s office said that he wanted all New Yorkers to succeed, including “business owners and entrepreneurs who create good-paying jobs and make this city the economic engine of America.”

“That does not negate the fact, however, that our tax system is fundamentally broken. It rewards extreme wealth while working people are pushed to the brink,” the statement continued. “The status quo is unsustainable and unjust. If we want this city to become a place that working people can afford, we need meaningful tax reform that includes the wealthiest New Yorkers contributing their fair share.”

The post Jewish real estate magnate Steven Roth likens Mamdani’s ‘tax the rich’ rhetoric to ‘from the river to the sea’ appeared first on The Forward.

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Man who firebombed Boulder Israeli hostage march sentenced to life in prison

(JTA) — The man charged with carrying out a deadly firebombing attack on a march for Israeli hostages in Boulder, Colorado, last year was sentenced to life in prison without the possibility of parole on Thursday after pleading guilty to muder and dozens of other charges.

Mohamed Sabry Soliman, an Egyptian national who was arrested at the scene of the attack on the demonstrators last June, pleaded guilty to 101 charges, including 52 counts of attempted murder and one count of murder for the death of Karen Diamond, an 82-year-old victim of the attack who later died of her wounds.

During the June attack, Soliman shouted “free Palestine” and threw two molotov cocktails at the group, Run for Their Lives, injuring over a dozen people. According to an earlier court filing, Soliman said that he had staged the attack, which prosecutors said he planned for a year, because he “wanted to kill all Zionist people and wished they were all dead.”

Soliman has separately pleaded not guilty to federal hate crime charges, for which prosecutors could potentially seek the death penalty.

“If I went back, I would not have done this as this is not according to the teaching of Islam,” Soliman said during the sentencing hearing, adding that he wanted federal prosecutors to seek the death penalty. “What I did came out of myself and only myself.”

During his remarks, Soliman argued that he had not been driven by anti-Jewish animus. He later said that Zionism was “the enemy” and that it was his “right” to be against Israel.

Chief District Judge Nancy W. Salomone rejected Mr. Soliman’s arguments, telling him that his “choices were acts of terror, and they victimized an entire community,” according to the New York Times.

“You chose to victimize these people because they were members of the Jewish community,” she said.

In a statement read earlier in court by a prosecutor, Diamond’s sons, Andrew and Ethan Diamond, asked that Soliman not be allowed to see his family again “since he is responsible for our mother never seeing her family again,” according to the Associated Press.

They said that Diamond had suffered “indescribable pain” for over three weeks before her death, adding that “in those weeks, we learned the full meaning of the expressions ‘living hell’ and ‘fate worse than death.’”

The post Man who firebombed Boulder Israeli hostage march sentenced to life in prison appeared first on The Forward.

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