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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 Jew who put Hitler on trial — and the play that stages his story
An oft-forgotten chapter in Hitler’s life was one the Führer clung to with a vengeance.
In May of 1931, a 27-year-old Jewish lawyer named Hans Litten called the Nazi leader to the stand to answer for the violence of his Brownshirts and the role his rhetoric played in inciting them. Hitler did not like being questioned, and, when he rose to dictator from the ashes of the Reichstag Fire, he wasted no time in retribution.
Litten has seen something of a revival in recent years, with a 2011 BBC TV film, The Man Who Crossed Hitler, and, in a more fanciful vein, as a character in the Weimar noir series Babylon Berlin. Douglas P. Lackey’s play, Hans Litten: The Jew Who Cross-Examined Hitler, now playing Off-Broadway at Theater Row, is both more holistic, and hollower, than previous efforts.
Despite the title, the play, directed by Alexander Harrington, is not a courtroom drama. It begins in 1924 in Königsberg, with Litten’s law professor father, Friedrich (Stan Buturla), discussing his son’s career prospects and handily alluding to the family’s Protestant conversion. Hans (Daniel Yaiullo) is convinced to pursue law, not as a calling, but as a kind of default — tempted, perhaps, by Friedrich’s sunny view of the profession.
“We can change the rules of law to make the law better,” Herr Litten says.
The action jumps forward in fits and starts, finding Litten in his new Berlin practice, where he defends Communists with his party member partner Ludwig Barbasch (Dave Stishan).
One day, Barbasch arrives with news, asking Litten if he’d heard about the case of the Eden Dance Palace, where members of the Nazi SA attacked Communists and claimed self-defense. (Because the play demands this event be explained, Litten, who it is established in the prior scene “reads everything,” hadn’t yet heard of the incident even though it occurred months earlier.)
Litten decides that he will subpoena Hitler, but not before checking out The Three Penny Opera and getting soused afterwards with Bertolt Brecht (Marco Torriani) and Kurt Weill (Whit K. Lee.)
Lackey, a philosophy professor at Baruch College who’s written plays about Wittgenstein, Arendt and Heidegger, is at his best when Hitler is in the dock, within the formal rhythms of a trial. His dialogue has a dialectic quality that lays out characters’ ideas, historical context and a fair amount of musings on Kant with no real room for subtext. Zack Calhoon as Hitler, pretending to disavow violence but barely concealing his rage, sidesteps caricature.
Yaiullo does dependable work as Litten. He plays him as a pedant but as events conspire to haul him off to a series of concentration camps, he develops the aura of a martyr.
“He was a saint,” Benjamin Carter Hett, a Litten biographer said in a 2011 interview with the BBC. “But I have a feeling that, if I sat down to have a beer with him, I wouldn’t like him.”
His prickliness with people, and a doctrinaire commitment to his own personal, unclassifiable politics are hinted at, but soon dissipate as he endures torture, first at Sonnenberg and finally at Dachau. His devoted mother, Irmgard (Barbara McCulloh) visits him in jail, remarking often how people back home regard him as already canonized.
It is documented that while interned Litten would give lectures to his fellow inmates and recite poetry from Rilke. He also, as is shown in the play, defiantly sang Die Gedanken sind frei (“Thoughts Are Free”) when asked to sing the Horst-Wessel-Lied for a Nazi occasion.
That Litten once spoke truth to a rising power, exposing Hitler’s supposed moderation as a farce, will always make him a compelling character. But his example is ultimately dispiriting, showing that changes of law — for the better, at least — are often fruitless against the headwinds of nationalism and cults of personality.
In 1938, Litten ended his life with a noose in a latrine at Dachau. That we now commemorate him in dramas speaks to a sort of victory. That war is what got us there — and judgment at Nuremberg followed — is regrettable evidence of the law’s delay.
Douglas P. Lackey’s play, Hans Litten: The Jew Who Cross-Examined Hitler is playing at Theatre Row until Feb. 22, 2026. Tickets and more information can be found here.
The post The Jew who put Hitler on trial — and the play that stages his story appeared first on The Forward.
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French Court Rejects Antisemitism Charge in Murder of 89-Year-Old Jewish Man
Tens of thousands of French people march in Paris to protest against antisemitism. Photo: Screenshot
A French court on Thursday tossed out antisemitic-motivated charges against a 55-year-old man convicted of murdering his 89-year-old Jewish neighbor in 2022, in what appears to be yet another instance of France’s legal system brushing aside antisemitism.
French authorities in Lyon, in southeastern France, acquitted defendant Rachid Kheniche of aggravated murder charges on antisemitic grounds, rejecting the claim that the killing was committed on account of the victim’s religion.
According to French media, the magistrate of the public prosecutor’s office refused to consider the defendant’s prior antisemitic behavior, including online posts spreading hateful content and promoting conspiracy theories about Jews and Israelis, arguing that it was not directly related to the incident itself. The jurors ultimately agreed and dismissed the presence of an antisemitic motive.
In May 2022, Kheniche threw his neighbor, René Hadjadj, from the 17th floor of his building, an act to which he later admitted.
According to the police investigation, Kheniche and his neighbor were having a discussion when the conflict escalated.
At the time, he told investigators that he had tried to strangle Hadjadj but did not realize what he was doing, as he was experiencing a paranoid episode caused by prior drug use.
After several psychiatric evaluations, the court concluded that the defendant was mentally impaired at the time of the crime, reducing his criminal responsibility and lowering the maximum sentence for murder to 20 years.
Due to the defendant’s age and assessed risk, the magistrate also asked for 10 years of supervision after his release in addition to the maximum prison time.
Kheniche was ultimately sentenced on Thursday to 18 years in prison and six years of “socio-judicial monitoring.”
The three-day trail, which began on Monday, focused specifically on the alleged antisemitic motive being contested to determine the sentence, as Kheniche’s guilt for the murder was already determined. He has denied that antisemitism played any role in his actions.
However, Alain Jakubowicz, counsel for the League Against Racism and Antisemitism (Licra) and the Representative Council of Jewish Institutions of France (CRIF), both civil parties in the proceedings, argued that the defendant was “obsessed” with the Jewish religion.
Kheniche previously referred on social media to “sayanim,” a conspiracy term used to refer to a sleeper agent for Israel’s Mossad intelligence agency. He also reportedly took passport photos and a text in Hebrew found in his victim’s jacket and cut them out. But the magistrate argued that the law required the court only to consider the facts “at the same time as the crime committed,” thereby dismissing past antisemitic and conspiratorial comments.
The court’s decision “is a reflection of our society,” Muriel Ouaknine-Melki, counsel for members of the victim’s family, told AFP. “It is simply a reflection of the way France deals with the scourge of antisemitism.”
This is far from the first case in France to spark such alarm, as courts have repeatedly overturned or reduced sentences for individuals accused of antisemitic crimes, fueling public outrage over what many see as excessive leniency.
Last year, the public prosecutor’s office in Nanterre, just west of Paris, appealed a criminal court ruling that cleared a nanny of antisemitism-aggravated charges after she poisoned the food and drinks of the Jewish family she worked for.
Residing illegally in France, the nanny had worked as a live-in caregiver for the family and their three children — aged two, five, and seven — since November 2023.
The 42-year-old Algerian woman was sentenced to two and a half years in prison for “administering a harmful substance that caused incapacitation for more than eight days.”
First reported by Le Parisien, the shocking incident occurred in January 2024, just two months after the caregiver was hired, when the mother discovered cleaning products in the wine she drank and suffered severe eye pain from using makeup remover contaminated with a toxic substance, prompting her to call the police.
After a series of forensic tests, investigators detected polyethylene glycol — a chemical commonly used in industrial and pharmaceutical products — along with other toxic substances in the food consumed by the family and their three children.
Even though the nanny initially denied the charges against her, she later confessed to police that she had poured a soapy lotion into the family’s food as a warning because “they were disrespecting her.”
“They have money and power, so I should never have worked for a Jewish woman — it only brought me trouble,” the nanny told the police. “I knew I could hurt them, but not enough to kill them.”
The French court declined to uphold any antisemitism charges against the defendant, noting that her incriminating statements were made several weeks after the incident and recorded by a police officer without a lawyer present
The nanny, who has been living in France in violation of a deportation order issued in February 2024, was also convicted of using a forged document — a Belgian national identity card — and barred from entering France for five years.
In another shocking case last year, a local court in France dramatically reduced the sentence of one of the two teenagers convicted of the brutal gang rape of a 12-year-old Jewish girl, citing his “need to prepare for future reintegration.”
More than a year after the attack, the Versailles Court of Appeal retried one of the convicted boys — the only one to challenge his sentence — behind closed doors, ultimately reducing his term from nine to seven years and imposing an educational measure.
The original sentences, handed down in June, gave the two boys — who were 13 years old at the time of the incident — seven and nine years in prison, respectively, after they were convicted on charges of group rape, physical violence, and death threats aggravated by antisemitic hatred.
The third boy involved in the attack, the girl’s ex-boyfriend, was accused of threatening her and orchestrating the attack, also motivated by racist prejudice. Because he was under 13 at the time of the attack, he did not face prison and was instead sentenced to five years in an educational facility.
Just this week, a court in Paris denied a Jewish family from Baghdad compensation for their former home, which was seized from them and now serves as the French embassy in Iraq.
The plaintiffs, descendants of two Jewish Iraqi brothers, filed a lawsuit last year seeking $22 million in back rent and an additional $11 million in damages from the French government.
According to their account, the French government leased the house as its embassy starting in 1964 and paid their family through 1974, but has made no payments for more than 50 years.
In the 1950s, the Iraqi government seized Jewish property and stripped Jews of their citizenship, yet the family retained legal ownership of their Baghdad home even after being forced to leave in 1951.
Last year, Philip Khazzam, grandson of Ezra Lawee, told The Globe and Mail that, under pressure from Saddam Hussein’s government, the French government stopped paying rent to the Lawee family and appears to have diverted the funds to the Iraqi treasury.
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Vance Defends Trump’s Iran Approach, Says Tehran ‘Can’t Have a Nuclear Weapon’
US Vice President JD Vance delivers remarks at the Wilshire Federal Building in Los Angeles, California, US, June 20, 2025. Phone: REUTERS/Daniel Cole
US Vice President JD Vance defended President Donald Trump’s approach to reining in Iranian aggression during an interview with podcaster Megyn Kelly, arguing that Tehran’s acquiring a nuclear weapon would prove disastrous for American interests.
“Iran can’t have a nuclear weapon. That is the stated policy goal of the president of the United States,” Vance said.
Vance pushed back against critics who have suggested that the president shouldn’t engage in “diplomacy” or “negotiate” with Iran, explaining that Trump will “keep his options open” while trying to advance American security interests “through non-military means.” However, Vance stressed that the president would be willing to engage militarily if left with no other options to dismantle Iran’s nuclear capabilities.
“I am very cognizant that the Middle East leads to quagmires,” he said. “Trust me, so does the president of the United States.”
Trump has discussed targeted strikes on Iranian security forces and leadership, partly as a way to pressure the regime over its violent suppression of demonstrators while also seeking to expand talks to address nuclear and missile issues. The protests, which began on Dec. 28 amid deep economic distress and mounting public frustration with Tehran’s theocratic leadership, quickly spread across the country. Security forces have met demonstrators with lethal force, mass arrests, and a near-total internet blackout that has hampered independent reporting and documentation of abuses. Some reports indicate that up to 30,000 protesters may have been killed by Iranian forces in just two days. Regime officials put the death toll at 2,000-3,000.
Vance also highlighted the importance of preventing Iran from acquiring a nuclear weapon, explaining that Tehran is the “world’s largest state sponsor of terrorism.”
“What happens when the same people who are shooting up a mall or driving airplanes into buildings have a nuclear weapon? That is unacceptable,” Vance said.
The vice president added that in the event that Iran obtains nuclear arms, other states such as Saudi Arabia will rapidly seek to secure their regimes though acquiring nuclear weapons themselves, triggering a new era of “nuclear proliferation on a global scale.”
“The biggest threat to security in the world is a lot of people having nuclear weapons,” he said.
Vance suggested that decreasing the overall number of nuclear arms in the world would help secure long-term peace for the global community.
Vance also pushed back on the chorus of critics within the Republican Party who claim the president has expended too much energy and time on foreign affairs, arguing Trump has “gotten a lot done” for the American people and most of his accomplishments are within the realm of domestic policy.
The vice president has come under scrutiny in recent months over his chummy relationship with controversial podcaster Tucker Carlson, a pundit who has repeatedly argued that the US should not attempt to dismantle Iran’s nuclear program.
