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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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Rachel Goldberg-Polin Talks in ’60 Minutes’ Interview, New Memoir About Grief After Son Murdered by Hamas
Rachel Goldberg, mother of killed US-Israeli hostage Hersh Goldberg-Polin whose body was recovered with five other hostages in Gaza, speaks during his funeral in Jerusalem on September 2, 2024. Photo: GIL COHEN-MAGEN/Pool via REUTERS
In a new memoir and “60 Minutes” interview this week, American-Israeli Rachel Goldberg-Polin, a mother of three, opened up about grief and the process of moving forward in life after her only son, Hersh, was murdered while in Hamas captivity in the Gaza Strip.
“To know that your child is being tortured, tormented, starved, abused. He’s maimed. And that’s an excruciating form of suffering,” she told “60 Minutes” correspondent Anderson Cooper in a segment that aired on Monday, which was also Israel’s Memorial Day (Yom HaZikaron). “And then what’s so fascinating to me is that when they came to tell us that Hersh had been executed, then I realized that those 330 days had been the good part, because he was alive. And now I’m in this place and this is the rest of my life. How do I walk through this place without a piece of me here?”
“I’m trying to re-understand what it means to be in this world,” she added. “There are millions of us right now who have buried children. There’s nothing unique about me. But it creates light for me to try to give words to the pain.”
Hersh was one of 251 people kidnapped by Hamas-led terrorists on Oct. 7, 2023. The 23-year-old was attending the Nova music festival in southern Israel, near the Gaza border, with a friend when he was abducted. Terrorists murdered 1,200 people during the onslaught, including 378 festivalgoers, and wounded thousands more. Hersh hid inside a bomb shelter with others and had his left arm blown off by a grenade before he was taken hostage.
Goldberg-Polin and her husband campaigned tirelessly and met with world leaders around the globe to try to secure the release of the hostages, but on the 328th day of his captivity, Hersh was executed by Hamas terrorists. Israeli soldiers found his body in a tunnel in Rafah on Aug. 31, 2024. Hersh, who was shot six times at close range, and five other hostages had been executed.
Goldberg-Polin further details her grief and talks about the kind of person Hersh was, even as a child, in her memoir “When We See You Again,” released on Tuesday. The book is a “searing portrait of a mother’s grief and strength in the wake of unthinkable tragedy,” according to a description of the memoir published by Penguin Random House.
“There are days when I break completely,” Goldberg-Polin writes in her book. “I have cried for an entire day straight. I didn’t think it was physically possible, but the weeping never let up. That is a very long time to cry. I kept hoping I would run out of tears. And then there are days when there is a whisper of sun. Not out there in the sky. In me. In us.”
She also describes grief, saying: “People want hope, resilience, recovery, strength, survival, healing. They want thriving and rising from the ashes, like the phoenix from the days of yore. But the pain is chronic, ever present, constant, gnawing, circular, not linear.”
Goldberg-Polin told Cooper on “60 Minutes” that she now thinks “grief is actually just this precious badge of love that you wear because someone has died and your love is continuing to grow.”
Former Hamas hostage Or Levy was released in February 2025 along with two others and talked to “60 Minutes” about spending three days with Hersh in a tunnel. He told Cooper that during their time together, Hersh kept repeating the mantra, “He who has a why can bear any how.” The line is from “Man’s Search for Meaning,” a 1946 concentration camp memoir by Holocaust survivor Viktor Frankl, who adapted a similar saying by Fredrich Nietzsche.
“It became our mantra … The only reason why I survived was him,” Levy told Cooper on “60 Minutes.” Soon after his release, Levy got the mantra tattooed on his arm.
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Iran Seizes Ships in Strait of Hormuz After Trump Extends Ceasefire
Ships and boats in the Strait of Hormuz, Musandam, Oman, April 22, 2026. Photo: REUTERS/Stringer
Iran seized two ships in the Strait of Hormuz on Wednesday, tightening its grip on the strategic waterway after US President Donald Trump called off attacks with no sign of peace talks restarting.
Trump maintained the US Navy blockade of Iran‘s trade by sea, and Iran‘s parliament speaker and top negotiator Mohammad Baqer Qalibaf said a full ceasefire only made sense if it was lifted. Reopening the strait was impossible with such a “flagrant breach of the ceasefire,” Qalibaf said in a post on X.
“You did not achieve your goals through military aggression, and you will not achieve them by bullying either. The only way is recognizing the Iranian people’s rights,” he said in his first response to Trump’s ceasefire extension.
Iran‘s semi-official Tasnim news agency earlier said the Revolutionary Guards had seized two vessels for maritime violations and escorted them to Iranian shores. It was the first time Iran has seized ships since the war began at the end of February.
The Revolutionary Guards also warned that any disruption to order and safety in the strait would be considered a “red line,” Tasnim said.
NO NEW DEADLINE FOR CEASEFIRE
Trump said on social media late on Tuesday that the US had agreed to a request by Pakistani mediators “to hold our Attack on the Country of Iran until such time as their leaders and representatives can come up with a unified proposal … and discussions are concluded, one way or the other.”
A source briefed on the matter confirmed on Wednesday that Trump had not set a timeline for the extension of the ceasefire.
In a show of defiance, Iran showcased some of its ballistic weapons at a parade in Tehran on Tuesday evening, with images on state TV showing large crowds waving Iranian flags and a banner in the background with a fist choking off the strait.
Captions read: “Indefinitely under Iran‘s Control” and “Trump could not do a damn thing,” referring to the waterway, the closure of which has caused a global energy crisis.
PAKISTAN STILL WORKING TO FOSTER TALKS DESPITE ‘SETBACK’
Pakistan, which has acted as a mediator, was still trying to bring the sides together for negotiations after both failed to show up for talks on Tuesday before the two-week-old ceasefire had been due to expire.
“We were all prepared for the talks, the stage was set,” a Pakistani official briefed on the preparations told Reuters. “If you ask me honestly, it was a setback we were not expecting, because the Iranians never refused, they were up to come and join, and they still are.”
Throughout the war, Iran has effectively shut the strait to ships other than its own by attacking vessels that attempt to transit without its permission. Around a fifth of global oil and liquefied natural gas normally passes through the waterway.
The Revolutionary Guards accused the seized ships, the Panama-flagged MSC Francesca and Liberia-flagged Epaminondas, of operating without required permits and tampering with their navigation systems.
The Greek-operated Epaminondas reported being fired upon about 20 nautical miles northwest of Oman. It said it had sustained damage to its bridge after being hit by gunfire and that no one was hurt in the incident.
Greece and the company have not confirmed the seizure of the vessel. MSC, the world’s biggest container shipping group, did not respond to a Reuters request for immediate comment.
A third, Liberia-flagged container ship was fired upon in the same area but was not damaged and had resumed sailing, according to maritime security sources.
DIFFERENCES REMAIN ON KEY ISSUES
With his announcement on Tuesday, Trump again pulled back at the last moment from warnings to bomb Iran‘s power plants and bridges, a threat condemned by the United Nations and others as potentially constituting war crimes. Iran had said it would strike its Arab neighbors if its civilian infrastructure was hit.
Oil prices reversed course to head higher after the shipping incidents on Wednesday, with Brent crude futures up almost 4% at $102.2 a barrel.
A first session of peace talks 11 days ago produced no agreement.
Washington wants Iran to give up highly enriched uranium and forgo further enrichment to prevent it getting a weapon. Iran, which says its nuclear program is peaceful, wants an end to the war, the lifting of sanctions, reparations for damage and recognition of its control over the strait.
An Israeli strike killed two people in southern Lebanon on Wednesday, Lebanon’s state news agency reported, and Hezbollah said it launched an attack drone at Israeli forces in the south, further straining a ceasefire between the Iran-backed terrorist group and Israel.
The Lebanon ceasefire had been a precondition for Iran agreeing to talks.
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Attacks in South Lebanon Strain Ceasefire on Eve of Washington Talks
Smoke rises after an Israeli strike, amid escalating hostilities between Israel and Hezbollah, as the US-Israeli conflict with Iran continues, in southern Lebanon, March 24, 2026. Photo: REUTERS/Stringer
An Israeli strike killed two people in southern Lebanon on Wednesday, Lebanon‘s state news agency reported, and Hezbollah said it launched an attack drone at Israeli forces in the south, further straining a ceasefire between the Iran-backed terrorist group and Israel.
On the eve of talks in Washington between Lebanese and Israeli ambassadors, Lebanese President Joseph Aoun said Beirut would seek an extension of the 10-day, US-mediated ceasefire, which is set to expire on Sunday.
Hostilities between Hezbollah and Israel reignited on March 2, when the Lebanese Islamist group opened fire in support of Iran.
The US-brokered ceasefire in Lebanon emerged separately from Washington’s efforts to resolve its conflict with Tehran, though Iran had called for Lebanon to be included in any broader truce. The United States has denied any link between the tracks.
Lebanon‘s state-run National News Agency said the Israeli strike hit a car in al-Tiri, a village in south Lebanon, killing two people inside. The Israeli military didn’t immediately respond to a request for comment.
Hezbollah said it attacked an Israeli artillery position in southern Lebanon with a drone, in response to what it said was an Israeli violation of the ceasefire. The Israeli military said it had intercepted “a hostile aircraft” launched by Hezbollah toward Israeli soldiers in south Lebanon.
More than 2,400 people have been killed in Lebanon since Israel launched an offensive in response to Hezbollah’s March 2 attack, according to Lebanese authorities. Israel says the vast majority of those killed have been Hezbollah terrorists, who often embed themselves in civilian areas.
Israeli forces have seized a belt of territory at the border where troops remain, saying they aim to create a buffer zone to shield northern Israel from attacks by Hezbollah, which fired hundreds of rockets at Israel during the conflict.
BEIRUT TO SEEK END TO ISRAELI DEMOLITIONS
Aoun said Beirut’s envoy to Thursday’s talks, Lebanese Ambassador to Washington Nada Moawad, would seek a ceasefire extension and a halt to demolitions being carried out by Israel in villages in the south, according to a statement.
A Lebanese official said Beirut wants a ceasefire extension as a prerequisite for talks to expand beyond the ambassadorial level to the next phase, in which Lebanon would push for an Israeli withdrawal, the return of Lebanese detained in Israel, and a delineation of the land border.
Hezbollah, which says the Lebanon ceasefire was the fruit of Iranian pressure, has condemned Beirut for seeking talks with Israel, reflecting wider splits with the government that has sought Hezbollah’s peaceful disarmament for a year.
Israeli Foreign Minister Gideon Saar, in a speech, said Israel had taken a “historic decision to negotiate directly with Lebanon after more than 40 years” whilst also calling it a “failed state.”
“I call on the Government of Lebanon: Let’s work together against the terror state that Hezbollah built in your territory. This cooperation is needed by you even more than by us,” he said.
The Israeli military said it had killed two terrorists who had crossed its “Forward Defense Line” in south Lebanon on Tuesday and approached Israeli soldiers, saying they had violated the ceasefire.
DRUZE LEADER URGES CLEAR AGENDA, INCLUDING WITHDRAWAL
US Secretary of State Marco Rubio is set to attend Thursday’s meeting. Israel will be represented by its ambassador to Washington, Yechiel Leiter.
Aoun has cited goals including halting Israeli attacks on Lebanon and securing the withdrawal of Israeli troops. In a speech on Friday, he said a ceasefire should be transformed into “permanent agreements that preserve the rights of our people, the unity of our land, and the sovereignty of our nation.”
Announcing the ceasefire on April 16, US President Donald Trump said he had instructed Rubio, Vice President JD Vance, and Chairman of the Joint Chiefs of Staff Dan Caine to work with the two countries to achieve lasting peace.
Lebanon and Israel have remained in an official state of war since the establishment of Israel in 1948.
Lebanon‘s most senior Shi’ite state official, Parliament Speaker Nabih Berri, is against face-to-face negotiations with Israel, saying Beirut could have negotiated indirectly.
Lebanon‘s leading Druze politician, Walid Jumblatt, said on Tuesday that the most Lebanon could offer is an update to a 1949 armistice agreement with Israel.
In comments to reporters after a meeting with Berri, Jumblatt said there should be a clear agenda for talks that includes a withdrawal of Israeli troops still in southern Lebanon.