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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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5 important questions for Abdul El-Sayed

Abdul El-Sayed’s narrow victory in the Michigan Democratic primary means he’s going to have to work hard to persuade skeptical liberal Michigan voters.

I’m not from Michigan, but I am liberal. And I am skeptical.

I appreciate El-Sayed’s political skills and his relentless focus on the health and economic disparities that undermine the American dream for so many.

But while many Jewish Michiganders supported El-Sayed, his narrow victory over Rep. Haley Stevens has many other Michigan Democratic voters worried. It’s “ridiculous” that Democratic Jews wouldn’t vote for El-Sayed based on his positions on Israel, former Rep. Andy Levin told the Forward, but I’m not sure El-Sayed’s views on Israel are the main concern.

“If he wants to be senator of a state that has such a large Jewish population,” Halie Soifer, CEO of the Jewish Democratic Council of America, told JTA, “he must demonstrate an ability to stand with that community as we face the rise of antisemitism.”

Many of El-Sayed’s comments and actions during the primary cast that support into doubt.  Here are the five questions I’d like to see Michiganders put to him:

You said, “Hurt people hurt people.” Do you also believe that enraged people hurt people?

After a man whose family members were killed in an Israeli airstrike in Lebanon attacked children at a West Bloomfield, Michigan synagogue, you  said, “Hurt people hurt people.” You said you were explaining the act of terror, not excusing it. But we know too that incendiary rhetoric also foments violence. The Egyptian man who attacked Jews at a peaceful march in Boulder, Colorado, in June 2025 screamed anti-Israel political phrases and said he targeted the group because he believed they were “Zionists.” You have called Israel “evil” like Hamas, “bloodthirsty,” and you singled out AIPAC as uniquely nefarious and powerful among all influence groups in the country. Doesn’t such rhetoric endanger the lives of constituents you claim you want to protect? After extremists attempted to kidnap Michigan Gov. Gretchen Whitmer in 2020, you accused President Donald Trump of inciting them via tweet. Will you cool your own rhetoric?

Is there any circumstance you would vote to send military aid to Israel?

Oct. 7, 2023 was supposed to be an all-out war. Hamas along with Hezbollah in Lebanon, Iran and the Houthis discussed striking Israel in unison, and could have. In such a scenario, as in the October 1973 war, Israel would have faced many thousands of casualties if not an existential threat as it quickly exhausted its defensive shield. Now imagine you were in the Senate during such a scenario. Would you have voted to send help to an ally? You said you supported sending military aid to Ukraine when it faced invasion. Why not Israel in a similar scenario?  

How would you work toward a two-state solution?

You told CNN that every definition of a Jewish state “ends up in some articulation of illiberal values, every single one.” You told The New Yorker that you support a two-state solution with equal rights and self-determination for Israeli Jews and Palestinians — which is a mainstream liberal Zionist position. So explain: What’s so illiberal about a Jewish-majority state you support? And do you believe in it enough to work toward one?

Is money really the only reason politicians and others support Israel?

You accused Israel’s supporters in Congress of being motivated solely by money. Is there really no other possible reason? Until Israel’s post-Oct. 7 destruction of Gaza, a majority of Americans and the vast majority of American Jews supported Israel. Couldn’t congressional support reflect their constituents’ support or their own religious or political beliefs? Could they believe in Jewish self-determination, especially post-Holocaust? Or is support for a Jewish state only a function of Jewish money (see #1)?

Which do you care about more, the Jewish vote, or Hasan Piker?

The Twitch streamer Hasan Piker said Hamas is “a thousand times better” than Israel. He called a Jewish man a “bloodthirsty violent pig dog.” You defended your appearance with Piker by saying you needed to reach his three million followers. I get that: Hillary Clinton and Kamala Harris helped tank their campaigns by refusing to engage young voters wherever they could. But you continued to campaign with Piker, and refused to disavow his extreme rhetoric, saying you wouldn’t be distracted by “cancel culture.” No one is asking you to cancel him. But why won’t you, at least, confront him on his rhetoric?

There is, as you and countless pundits have pointed out, a lot at stake in this election. Right now too many American Jews feel that one of those things is their own safety. Please answer these questions, Dr. El-Sayed.

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The post 5 important questions for Abdul El-Sayed appeared first on The Forward.

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Sing to me, Muse, of two Moshes and their Odysseys!

If you have read any one of the at least 60 English translations of Homer’s Odyssey or have seen Christopher Nolan’s new Odyssey movie, then you are probably aware that Odysseus leads a more active life than the average person. As if living through the Trojan War weren’t hard enough, he blinds the cyclops Polyphemus and gets cursed by Poseidon with epically bad weather. His men are regularly transformed into pigs, picked off by Laestrygonian giants, and drowned in storms. The nymph Calypso detains him on her island for seven years and forces him to be her lover, (although whether this counts as a hardship depends on your perspective). The man of twists and turns has seen a lot. But he probably never predicted his story would be translated into Yiddish. Or Ladino.

At first, the parallel lives of the two men who translated The Odyssey into Yiddish and Ladino sound like the makings of a sphinx’s riddle, or a cryptic prophecy from the Oracle at Delphi: both men would be called “Moshe”; both would be alive at the beginning of the Holocaust; only one would survive to the end. Their names were Moshe Leyb Pitshenik (1895 – 1941) of the Odiseye (אָדיסייע) and Moshe Ha-Elion (1925-2022) of La Odisea.

The two men never met, yet there are unexpected rhymes between the lives of the Moshes, as if their lives were composed in the same meter. Not even a photo survives of scholar, writer and translator Moshe Leyb Pitshenik, but the Congress for Jewish Culture records that he was born in Zlotshev, eastern Galicia, now Ukraine. He spent his whole life traveling various pathways to erudition. As a child, he attended a religious elementary school and a small synagogue study hall before working as a bank employee in Vienna. The corporate life must not have been for Pitshenik, for he soon moved back to Poland and enrolled in a teachers’ seminary. He spent the rest of his life as a teacher and director at the local Jewish high school in Loyvitsh (Łowicz), writing ferociously on the side.

Moshe Leyb Pitshenik’s “Odiseye,” published in Warsaw in 1937. Courtesy of Yiddish Book Center

His poems, articles, short stories, and translations appeared in publications in Krakow, Warsaw, Łodz, and Vilna. Occasionally he would publish under pen names like “A Zaytiker,” an outsider, and “Nekhed Mohel,” which translates to “the grandson of the mohel (ritual circumciser),” but sounds suspiciously like something else.

In 1937, he pulled off his translational tour de force: the Odiseye, so literally epic an achievement that he won an award from the Yiddish PEN Club, the Yiddish branch of the PEN international network with epicenters in Warsaw, Vilnius and New York City. In the book’s introduction, fellow poet and translator Shloyme Shaynberg gave Pitshenik a hearty mazal tov for “anchoring one of Homer’s magical ships on our shores.”

But the time to celebrate ran short. Just two years after the Odiseye’s publication, the Nazis invaded Poland, confining Pitshenik and thousands of other Jews in the Łowicz ghetto. He had been working on an original epic poem in ancient Greek at the time of the invasion. Had he been allowed to finish it, the poem would have been the first original ancient Greek epic to be published since the 5th century C.E. In 1941, he was led into the Kazimierz Forest and murdered, leaving the poem unfinished.

Pitshenik was already 30 years old when Moshe Ha-Elion, his Sephardic counterpart, was born in Thessaloniki in 1925. Like Pitshenik, Ha-Elion studied at a Jewish primary school before receiving a secular education, discovering The Iliad and The Odyssey in ancient Greek during junior high. Ha-Elion was 16 when the Nazis invaded Thessaloniki, he recounts in his oral history for the United States Holocaust Museum. Two years later, in 1943, Ha-Elion and his mother, sister, and grandparents boarded freight wagons believing that they would be resettled in Poland. But these wagons were headed for Auschwitz. On arrival, every member of Ha-Elion’s immediate family was sent to the gas chambers but him.

For the next 21 months, Ha-Elion labored in Auschwitz. Teaching became his lifeline: He gave Greek lessons to a Christian prisoner with special privileges in exchange for food. In 1945, as the Allies approached, the Nazis transferred Ha-Elion and thousands of other prisoners to concentration camps in Austria. The hunger, Ha-Elion recalled later in an interview with El Mundo, was so unbearable that he ate train coal to survive.

After the liberation of the camps, Ha-Elion entered mandatory Palestine on a refugee ship. He fought in the 1948 Arab-Israeli War and earned a B.A. and an M.A. in Humanities at the University of Tel Aviv. Like Pitshenik, he spent the rest of his life stirring up a tornado of writing across genres: He wrote a memoir of his time in the camps, a book of autobiographical poems in Ladino entitled En Los Kampos de la Muerte, or In the Death Camps, and even music to accompany one of these poems, La Djovenika al Lager (The Young Girl in the Lager), about the murder of his sister Nina.

But it was not until the end of his life that Ha-Elion undertook his translation of The Odyssey. When Ha-Elion was 90, he and the Israeli poet Avner Peretz published a Hebrew and Ladino dual translation of The Odyssey. He even managed to keep the poem in dactylic hexameter, a line-for-line Ladino mirror of the ancient Greek epic.

There are strange reflections of each Moshe in the Odysseys that they translated. For Pitshenik, the story seems omen-like: In the poem’s first line, Pitshenik translates the first adjective to describe Odysseus, polútropon, as the Yiddish word farvoglt, or “far from home.” This is unusual. English translators usually style Odysseus as “cunning” or a “man of twists and turns” or just downright “complicated.” It is as if Pitshenik read the signs of his own coming displacement in Odysseus before he read them in himself. But the translation’s strange prescience deepens just a few words later. Odysseus, Pitshenik says, participated in the “khurboynes” of holy Troy. At the time Pitshenik wrote this, a “khurbn” meant a total, cataclysmic destruction. It was reserved to describe horrors like the destruction of the first and second Temples and pogroms in Russia during World War I. But Pitshenik could not have known then that the word “Khurbn” would one day be used as a metonym for the approaching Holocaust. In Pitshenik’s translation, far-from-home Odysseus would survive a “khurbn” and find his way back. But Pitshenik himself never did.

For Ha-Elion, The Odyssey is like another form of autobiography. Like Odysseus, he was flung far from home by war, and spent the rest of his life trying to find his way home — or some place that felt like it. If translation is the process of rendering something foreign into something familiar, then perhaps translation is an attempt at homecoming in itself. Pitshenik and Ha-Elion never returned to their homes again after the War. But in the Odiseye and La Odisea, a piece of home survives. And it sounds like this:

Kontame, Muza, del ombre astuto…

 

O Muze! Bazing mir di maysim fun farvogltn gvir… 

 

Sing to me of the man, Muse, the man of twists and turns!

The post Sing to me, Muse, of two Moshes and their Odysseys! appeared first on The Forward.

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‘Uncommitted’ founder who pushed Democrats to vote against Biden over Gaza wins primary

(JTA) — Abbas Alawieh, a founder of the Uncommitted movement that pressured former President Joe Biden to change his Israel policy, is the projected winner of a Democratic primary for Michigan’s state Senate.

Alawieh rose to national prominence as a key architect of the campaign to withhold votes from Biden during Michigan’s presidential primary in 2024, a protest against the administration’s support for Israel as it inflicted mounting casualties in Gaza.

Alawieh defeated state representative Erin Byrnes in Tuesday’s primary to represent Michigan’s 2nd Senate District, a heavily Arab-American area covering Dearborn and parts of Detroit — and the epicenter of the Uncommitted effort. He won 59% of the vote to Byrnes’ 41% after more than 95% of votes were counted, according to the Associated Press, and is now almost certain to win the solid-blue state Senate seat in November.

Alawieh, who was born in Lebanon and grew up in Dearborn, acknowledged his victory without giving a speech on Wednesday. His staff announced that Alawieh’s maternal grandfather, Hajj Kassem Bazzi, died Tuesday night as they awaited the election results.

“Please keep Abbas’s family in your prayers as they take needed time together,” Alawieh’s team said in a statement. “Abbas will share his own thoughts on the race soon. For now, thank you to every community that made this win possible.”

Alawieh was backed by Vermont Sen. Bernie Sanders and Michigan Gov. Gretchen Whitmer. He previously worked as a staffer for congressional Democrats, including Michigan Rep. Rashida Tlaib, former Michigan Rep. Andy Levin and former Missouri Rep. Cori Bush, who lost a primary against Rep. Wesley Bell on Tuesday.

Alawieh, alongside Layla Elabed, co-founded the campaign urging Michigan Democrats to vote “uncommitted” in the 2024 Democratic presidential primary. The movement attracted a groundswell of support, including from some Jews, and won more than 100,000 votes, or 13% of the overall vote. Biden was beaten by the uncommitted vote in Dearborn, where Arab Americans make up more than half the population.

The Uncommitted movement also spread to other states, rallying more than 650,000 voters nationwide, and crystallized a lack of enthusiasm for Biden, who eventually stepped off the presidential ticket.

Alawieh served as one of the Uncommitted delegates at the 2024 Democratic National Convention, where he and other delegates unsuccessfully lobbied to place a Palestinian speaker on the agenda.

Alawieh did not make Israel and Gaza a central part of his campaign for the state Senate seat, instead focusing on supporting working families and investing in healthcare, housing, public transit and education. Still, he told the Michigan Advance in February that his role in the Uncommitted movement resonated with people in his district.

“For the people in real life — not on Twitter — it is clear to them that parties’ focus on prioritizing funding for war crimes was out of touch with what voters wanted,” he said. “The party was undoubtedly wrong about Gaza in 2024.”

While some Democrats blamed the Uncommitted campaign for contributing to President Donald Trump’s defeat of former Vice President Kamala Harris, who lost Michigan in her 2024 presidential run, Alawieh and Harris have mended fences enough to recently sit down for a meeting.

Harris “initiated” the meeting after months of phone calls, Alawieh said in July. “I urge VP Harris and all of our party’s leaders to side with peace-loving Americans against endless wars, in opposition to the Israeli military’s genocide in Gaza, and against the ethnic cleansing campaign in Lebanon.” Alawieh has said that he voted for Harris against Trump in the 2024 general election, while Elabed did not.

The centrality of Israel in Michigan’s primaries has spawned bitter divides between Jewish Democrats and others in the party concerning the threat of antisemitism. In one incident that shook Detroit-area Jews earlier this year, Temple Israel in the suburb of West Bloomfield was rammed by a truck laden with explosives. The man who drove the truck, a U.S. citizen from Lebanon, had recently lost several family members in an Israeli airstrike on Lebanon.

Alawieh responded to the attack by declaring his support for Jewish Michiganders.

“We must stand in unequivocal defense of the humanity and safety of our Jewish siblings and denounce this heinous act,” he said in a statement. “My family and I are praying for safety for communities across our state who are feeling afraid right now, and we are holding our Jewish community members extra close.”

This article originally appeared on JTA.org.

The post ‘Uncommitted’ founder who pushed Democrats to vote against Biden over Gaza wins primary appeared first on The Forward.

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