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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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A radical idea to bridge Chicago’s Black and Jewish communities
I have strong Southern roots. Both sets of my grandparents, with the exception of my Philadelphia-born maternal grandmother, were descendants of enslaved people who later became sharecroppers. I visited the South often as a child, and being different in a place like that could be difficult. There was no Black Jewish community there at the time. I was usually its sole representative.
Or so I thought.
I was a teenager when I first learned about Julius Rosenwald‘s philanthropic efforts that helped build thousands of schools for Black children throughout the rural South, including many of the places I grew up visiting. After that, I began looking for Rosenwald schools whenever I traveled. I was always happy to find them. They were old and mostly dilapidated, but somehow still seemed to quietly defy time and the elements.
This was the first time I remember understanding how Black people and Jews could do meaningful work together. Those faded clapboard buildings, once whitewashed and full of possibility, had housed the education system that helped generations of Black children and laid part of the groundwork for the civil rights movement that would follow.
I was born in the late 1970s. I have no memory of the storied alliance between Blacks and Jews during the civil rights era. By the time I came along, much of that coalition had faded, and people were already asking how those bridges might be rebuilt.
I never experienced the Black-Jewish relationship that the teachers and staff at my Jewish day school recalled so fondly. But whenever I traveled through the South, I saw those schools. They stood as proof that the two communities I come from had once worked together to accomplish something extraordinary. They filled me with hope and pride, and with the certainty that if it happened once, it could happen again.
That is why, at a time when antisemitism and racism are once again on the rise, I find myself returning to the example set by earlier generations of Jewish philanthropists and community leaders. They understood that investing in Black communities was not simply an act of charity. It was an act of solidarity. They recognized that prejudice thrives when people remain strangers to one another, and that real change requires shared investment in a common future.
Today, we find ourselves confronting many of the same challenges. Distrust is growing. Division is growing. Fear is growing.
Which is why I want to build a Jewish Community Center on the south side of Chicago.
Not in a neighborhood where many Jews already live, but in a neighborhood where they can come to build new relationships, and new solidarity. A neighborhood where children from the two communities I hold in my heart can grow up seeing one another as neighbors instead of strangers.
The groundwork for this kind of bold community building is already in place. More than a decade ago, I started Mothers and Men Against Senseless Killing on the south side, as a response to violence, hopelessness and despair. From the beginning, that work was shaped by Jewish values, and Jews from across the Chicagoland area have stood alongside me in that work.
What began as an effort to keep children safe, based on the corner of 75th Street and Stewart Avenue, has evolved into an open air community center where children receive hot meals after school, where they can play safely throughout the summer, and where parents can find diapers, formula and other necessities for their families.
Our corner has also become a place where we can have open and sometimes difficult conversations about race, and life in America. Those conversations are often also about Judaism. We host Yom Kippur services, Passover seders, and an annual Christmahanukkwanzukah toy giveaway.
This corner has become an oasis that welcomes both Black people and Jews, and of course Black Jews, and invites them to spend time together.
I grew up watching my friends go to the JCC, even though my family could never afford it. It was important to me that my own children had that experience. At a JCC far from the neighborhood where we live, they deepened their Jewish identities, learned to get along with people different from themselves, got exercise, and made lifelong friends.
It’s time to bring that opportunity to the area where we live, and where MASK has already begun to serve some of the purposes that JCCs often fill — primarily that of giving children a safe place to learn and play.
It’s time to take things to the next level. We need a place where Black and Jewish families can gather with intention to build more communal services that help us all. Yes, we need bridges between our communities.But those bridges also need to lead somewhere. And I cannot think of a better destination than a place where Black and Jewish children can learn, grow, and build a future together.
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Fight wildfires and other climate crises with this spiritual guide to catastrophe
As smoke from Canadian wildfires blankets much of the Northeast and Midwest in a hazy fog, some Jews are observing this Tisha B’av by mourning a different kind of destruction: that of a planet in crisis.
Tisha B’av, the saddest day on the Jewish calendar that commemorates the destruction of the First and Second Temples, deals with themes of grief and resilience relevant to today’s climate crisis, said Rabbi Laura Bellows, director of spiritual activism and education at Dayenu: A Jewish Call to Climate Action.
In advance of Tisha Ba’av, Dayenu this week released a spiritual guide for the aftermath of extreme weather — including floods, storms, heatwaves and fires. It was a grim coincidence, Bellows said, that the guide’s publication coincided with a time when those prayers would be of particular use.
“The grief is real,” Bellows said. “Jewish tradition is really good at encouraging us not to ignore it, but actually to make space and time to be with that grief.”
The guide includes an adapted version of Mi Shebeirach, the prayer for healing, written by Rabbi Daniel Scher at Kehillat Israel in the Palisades. Scher wrote the prayer for his congregation after wildfires caused significant smoke damage to the synagogue’s building, leading it to close for several months. Roughly 250 synagogue members — and all three clergy — lost their homes.
“The fire has seared through our homes and hopes, yet we stand together in our pain, trusting that new life can blossom in our midst,” the prayer reads.
Other texts in the guidebook offer hope for rebuilding. Rabbi Zoe Klein of Temple Isaiah in Los Angeles adapted the daily prayer, “May it be your will that the Temple be speedily rebuilt in our own time,” into a plea for wildfire survivors: “May it be Thy will that homes be rebuilt in our own time.”
Another ritual offers a hand-washing ceremony for survivors of water-related natural disasters. Participants wash their hands and recite the Birkat HaGomel, a prayer traditionally said after surviving a life-threatening event.
It’s not the first year rabbis have linked the climate crisis to Tisha Ba’av. More than a decade ago, Rabbi Tamara Cohen, chief of program and strategy at the Jewish youth group Moving Traditions, co-wrote “Eikha for the Earth,” which adapts the Book of Lamentations traditionally read on Tisha Ba’av as a “lament for the Earth.”
“Checkerspot butterflies flee their homes; polar bears can find no rest. Because our greed has heated Earth,” the text reads.
The adapted text aims to “welcome in Jews who are not so connected to the idea of mourning for the ancient temple, which doesn’t necessarily move lots of people today,” Cohen told the Forward.
But the timing of this year’s Tisha B’av makes the text feel eerily relevant, she said, pointing to the line “forest fires reach down and spread like fury.”
Jakir Manela, CEO of the nonprofit Adamah, which leads immersive Jewish experiences grounded in nature, said he’s also feeling particular grief for the earth this Tisha B’av. Manela lives in Baltimore, where he and his kids have been unable to go outside due to the unhealthy air.
“This is destruction in front of our very eyes, and affecting the largest population centers on the planet,” Manela said. “If folks have trouble connecting with Tisha B’av and the grief and mourning that it calls us to do, maybe this year is the time when it will hit home.”
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Why am I the only one troubled by an Anne Frank House shot glass?
Readers, how many of you have ever looked at the Anne Frank House and thought: “Wow, I wish I had a miniature version I could drink alcohol from” ?
Probably very few of you. And yet a ceramic replica of the historic house filled with approximately 1.7ozs of Bols Dutch gin is available from KLM Dutch Airways as part of a gift series for business class passengers on international flights.

The airline first launched the Delft Blue miniature house line in 1952 as gifts for business class passengers on intercontinental flights. I first discovered them last month, when I was flying with my dad to Maputo, Mozambique, to cover the centenary celebration of a local synagogue. My dad and I initially thought these would make good Christmas gifts for my cousin’s kids until we heard the liquid sloshing inside. We ended up keeping these recreations — which included the house of aviator Anthony Fokker and one of the last wooden houses left in Amsterdam — for ourselves.
While researching these unique souvenirs, I quickly discovered that one of the historic recreations is the Anne Frank House, aka “KLM miniature number 47,” which the Dutch airline added to the collection in 1975. My initial reaction was shock: How could the airline take a place that represents such a tremendous tragedy and turn it into a shot glass?
I reached out to KLM and asked if they had ever received a complaint about the item. A representative wrote back to say that, from what he knew, there had only ever been one critical Instagram comment: that KLM tried to make money off of everything. Collectors shared the souvenir online, but nobody I could find on the internet expressed the surprise and revulsion I felt.
My request to chat on the phone for further comments on why KLM included the Anne Frank House in their collection didn’t garner the response I expected. The representative responded via email that the house is historic and if I wanted to know more about it, I could just Google it. The subtext of my question — that it feels like a strange and possibly inappropriate choice to turn a solemn landmark into a cutesy flask — didn’t seem obvious to him.
So why did it feel so obvious to me?
For so many, Anne Frank is the symbol of how horrendous the Holocaust was. The fact that she is an innocent child exposes the depraved nature of the Nazis. Most Americans are first introduced to the Holocaust through the story of her confinement in that house in Amsterdam.
Even though it is not where Frank died (that was Bergen-Belsen, at the age of 16), it feels like the place where her fate was sealed. It is not just a landmark included in a famous book; it was her prison and the last stop on the way to her death. Although some may associate it with Frank’s enduring spirit of hope, filling it with alcohol still feels obscene.
Frank’s image has been co-opted over and over again. Two years ago, a Norwegian artist used an image of Frank in a keffiyeh to bring attention to children being killed in Gaza. More recently, Frank has become a symbol for anti-ICE protesters of the dangers of letting law enforcement target people based on their ethnic background. Then there’s the viral satirical comedy musical Slam Frank, which reimagines Anne Frank as a queer Latinx girl with a Black mom and gay, neurodivergent dad in order to poke fun at woke culture.The KLM house feels like a less charged appropriation of Anne Frank’s legacy; it’s not pushing any sort of political agenda.
The ceramic house is also part of a larger kitsch culture that blurs the fine line between commemoration and trivialization. So many tragedies have been commodified in this way that there’s a term for it: “dark tourism.” There are plenty of 9/11 related objects out there — a Twin Towers Christmas tree ornament, stuffed search and rescue dogs — that feel like they border on exploitation.
But what makes the KLM Anne Frank house stand out is its contents. To use a house of such suffering as the container for gin feels minimizing. (It is worth mentioning that a New York winery did at one point produce a 9/11 commemorative wine, although some of the proceeds were donated to the National September 11 Memorial and Museum.) Once the Anne Frank flask is emptied of its contents, it will just be a ceramic trinket that could help keep the memory of the landmark alive. Does the fact that it was originally made to carry alcohol negate that power?
I asked a similar question nearly one year ago in my very first Looking Forward column when I wrote about a recording of Nazi marching songs and speeches made by a Jewish producer. Since that piece was published, I haven’t found a satisfying answer to when memorialization becomes inappropriate, but I have become more comfortable acknowledging how complex this issue is.
This will be my last Looking Forward, as my last day as an employee of the Forward (at least for now, as I embark on a new pursuit) will be July 31. It feels fitting that my time with this newsletter will end similarly to the way in which it started: scratching my head about Holocaust kitsch. But having to grapple with such a topic in my writing is just another day at the Forward.
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