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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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Robert Kraft pledged $2M to aid Palestinians amid Macklemore row. How will he do it?
(JTA) — Robert Kraft has found himself in an unusual position: nixing the rapper Macklemore’s appearance at a stadium he owns for what he said was hateful behavior — and then taking up the performer’s charity challenge.
Macklemore challenged the Jewish pro-Israel billionaire to make a donation in support of the Palestinians days after pressuring singer Ed Sheeran to drop Macklemore from his tour over the latter’s pro-Palestinian comments. Kraft responded by announcing that he would donate $2 million to “fight this humanitarian crisis” in the Middle East.
“I have dedicated much of my life to building bridges between all people,” Kraft wrote in a statement posted by Gillette Stadium, which he owns and where Sheeran and Macklemore had been scheduled to play. “I believe deeply that all lives are worth protecting.”
Kraft’s statement Wednesday came in response to challenges from both artists: a public call from Macklemore to match his own $1 million donation to a group of six pro-Palestinian organizations; and what Kraft described as private conversations with Sheeran to commit twice that amount to unspecified groups. Kraft said his own donation was meant to match Sheeran’s.
Kraft’s gift comes as the controversy has prompted questions about how pro-Israel Jews in positions of power choose to wield their influence to combat what they see as antisemitism. His pledge carries additional, politically fraught implications, as Jewish groups have been divided on whether, or how, to donate directly to Gaza relief efforts.
In his public comments, Kraft has insisted that he does not object to pro-Palestinian advocacy or aid as long as it does not cross the line into advocating for Hamas.
But where will Kraft donate? The New England Patriots owner didn’t specify in his public statement, and a representative didn’t immediately respond to questions from the Jewish Telegraphic Agency.
In Macklemore’s own post issuing the donation challenge, he said the $1 million he was giving constituted his entire net earnings from Sheeran’s tour. He named six beneficiaries: the Palestine Children’s Relief Fund, HEAL Palestine, Medical Aid for Palestinians, American Near East Refugee Aid, Gaza Soup Kitchen and UNRWA USA, a nonprofit supporting the United Nations Agency for Palestinian Refugees.
UNRWA itself has proven particularly contentious among the Jewish community. After an investigation revealed that agency members had participated in Hamas’ Oct. 7, 2023, attacks on Israel, the Trump administration led a successful effort to slash the agency’s funding.
In his posts, Kraft offered clues to where he has given in the past.
“I’d like the people who are speaking in support of the Palestinian people to know that for decades, I have supported efforts that create opportunity for Palestinians and have brought young Palestinians and Israelis together to build businesses, create jobs, and forge relationships,” he wrote on Wednesday. In an earlier statement, Kraft said he has “created athletic and entrepreneurial opportunities for Palestinians who I admire and respect.”
One well-known organization that fits Kraft’s description of bringing Palestinians and Israelis together, Seeds of Peace, has a documented relationship with the businessman. In 1994, the year after the peacebuilding initiative launched, Kraft hosted more than 100 teenagers from Israel, Gaza, the West Bank, Jordan, Egypt and Morocco at a Patriots game.
Seeds of Peace did not immediately respond to a JTA request for comment about whether Kraft would be giving to the group as part of his new pledge.
Kraft has also invested heavily in a push to bring American football to Israel via the Kraft Family Israel Football League. In that context, Palestinians have played for league teams — including for the Judean Rebels, a team based in an Israeli settlement in the occupied West Bank.
Steven Koltai, a Jewish onetime entrepreneurship liaison for former U.S. Secretary of State Hillary Clinton and author of “Peace Through Entrepreneurship,” said he welcomed Kraft’s commitment.
“I would love to see, as a Jew who believes in the two-state solution and particularly in humanitarian relief to the millions of Gazans who are completely blameless, if we could show that side of who we are,” Koltai told JTA. “I think that he would be doing an incredible mitzvah for the whole Jewish world, especially the American Jewish community, if he could leverage his money towards something like this.”
Jeremy Burton, CEO of the Jewish Community Relations Council of Greater Boston, told JTA that Kraft “deserves kudos for leaning in with his philanthropy.” Prior to the pledge, Burton had praised Kraft’s actions against Macklemore, saying in a statement that Kraft “drew a clear moral line in the sand about the demonization and offensive conduct that he will not allow in ‘his home’.”
“One can work to end Palestinian suffering without being antisemitic,” Burton wrote to JTA in a text Thursday.
Kraft has said he pressured Sheeran to drop Macklemore because he thought the latter’s conduct at a recent show, in which the rapper had accused Israel of genocide and broadcast footage from Columbia University’s encampments, crossed the line into “hate speech.” According to The Wall Street Journal, other NFL team owners had also voiced objections to Macklemore performing in their stadiums after witnessing one of his sets.
The Journal also reported that Kraft, in his conversation with Sheeran, recalled that Macklemore had performed in a costume with antisemitic signifiers in 2014. Sheeran, whose tours have grossed nearly $2 billion since 2008, and Kraft are friendly: The singer performed at Kraft’s 2022 wedding.
Backlash has been swift, with Sheeran distancing himself from the decision to drop Macklemore, and the singer’s other opening acts and supporting band leaving the tour in protest. Some of them named Kraft specifically in public comments. Figures including children’s entertainer Ms. Rachel and U.S. Rep. Alexandria Ocasio-Cortez, a New York Democrat, have also defended Macklemore, with Ocasio-Cortez additionally criticizing Kraft.
“When you see what Robert Kraft did to line up all of the stadiums to censor speech in that one specific way, it’s become clear that this is not just about one music artist or two music artists, but this is about how just a handful of stadium owners and the elite can prevent an entire massive issue, in this case, the genocide in Gaza,” the congresswoman told TMZ.
Others, including singer Pink and Barstool Sports mogul Dave Portnoy, have criticized Macklemore or defended Kraft’s decision.
Much of Kraft’s philanthropy has gone to fighting antisemitism and to Jewish organizations. He recently gave $10 million to Brandeis University to endow a new center for Jewish life at the school.
Koltai, who himself has not worked with Kraft, said it’s possible for Jewish donors to distribute money to Gaza through “vetted, kosher organizations” that are “clearly not Hamas.” He suggested that Kraft look beyond his past donations to peacebuilding and sports efforts in order to address the current need.
“Sewage, water, housing, medical care and child care are all much more important than a summer camp or a football team,” he said.
This article originally appeared on JTA.org.
The post Robert Kraft pledged $2M to aid Palestinians amid Macklemore row. How will he do it? appeared first on The Forward.
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Hundreds of Michigan Jews pledge to vote for Abdul El-Sayed
(JTA) — ANN ARBOR – More than 600 Michigan Jews have signed a new open letter pledging to vote for Abdul El-Sayed for U.S. Senate, seeking to grow the Democratic candidate’s rocky Jewish support in what is expected to be a close and pivotal election.
The coalition, “Michigan Jews for Democracy,” includes several liberal and progressive Jewish figures in the state, though they signed in personal capacities. Signatories include father and son former U.S. Reps. Sander and Andy Levin, progressive attorney general nominee Eli Savit, Michigan Democratic Jewish Caucus chair Decky Alexander, Detroit Jews for Justice executive director Lisa Tencer and former “Uncommitted” organizer Eleanor Gamalski.
“Some of us are enthusiastic supporters of El-Sayed,” the open letter reads. “Some of us have reservations: there are disagreements with El-Sayed on important issues, including aspects of his approach to Israel and the language used by some of his allies.”
The letter continues, “We understand that a vote is not a valentine; it’s a strategic chess move.”
El-Sayed’s campaign promoted the letter Thursday morning.
Jewish clergy who signed include Rabbi Alana Alpert of the Reconstructionist Congregation T’chiyah in Ferndale; Rabbi Nate DeGroot, who serves congregations in Jackson and Flint and directs the Shalom Center; and retired Cantor Annie Rose of Reform Temple Beth Emeth in Ann Arbor. Other notable signers include University of Michigan Jewish Studies professor Deborah Moore and Danny Fenster, the Jewish journalist who was imprisoned in Myanmar for five months in 2021.
El-Sayed has sought to mend relations with Jewish voters in the state in recent months, though his opposition to a two-state solution in Israel, along with past controversies involving anti-Israel streamer Hasan Piker and his response to the attack on the Detroit-area Temple Israel, have rendered his candidacy polarizing to the community. Recently El-Sayed held an unpublicized meeting with rabbis at Temple Israel, weeks after apologizing for his earlier remarks in which he appeared to equivocate about condemning the March attack, according to a report in Jewish Insider.
The new letter in favor of El-Sayed also comes in contrast to other Jewish open letters in the state. One pledging to vote for his GOP opponent, former U.S. Rep. Mike Rogers, has collected 478 names since launching in August. Another, urging El-Sayed to respond to Jewish “non-negotiables” including “Jewish sovereignty in Israel,” has been promoted by several rabbis in the state.
National Democrats see retaining Michigan’s Senate seat as essential to their hopes of retaking the chamber this fall and instituting checks on President Donald Trump. The Michigan Democratic Jewish Caucus has not endorsed El-Sayed, despite its chair’s presence on the new letter. The Jewish Democratic Council of America, whose CEO Halie Soifer is a Michigan native, has also not endorsed him, telling Jewish Insider this week that the organization does “not endorse all Democrats.”
This article originally appeared on JTA.org.
The post Hundreds of Michigan Jews pledge to vote for Abdul El-Sayed appeared first on The Forward.
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Jewish radio host Sid Rosenberg says he ‘charmed’ JD Vance, after slamming his stances on Israel
(JTA) — Conservative radio personality Sid Rosenberg, a vocal critic of JD Vance’s positions toward Israel, left a meeting with the vice president on Thursday giddy with optimism.
“I went in there with very low expectations,” Rosenberg told the hosts of WABC Radio’s Cats & Cosby.
Noting that multiple people had assured him Vance would win him over, Rosenberg confirmed that “he did.”
“I think I charmed him more,” he said.
The highly publicized meeting occurred amid Vance’s attempt to make overtures to the Jewish community following a series of controversial remarks about Israel, in order to shore up its support for a possible 2028 presidential run.
Rosenberg, a Jewish New Yorker and friend of President Donald Trump, has faulted Vance for not being “strong enough on Israel.” He has also called for Vance to distance himself from Tucker Carlson, a right-wing commentator who regularly condemns U.S. military support for Israel and has been accused of amplifying antisemitic tropes.
“Honestly, I’ve been very critical of JD, very critical,” said Rosenberg, who hosts his own WABC show, Sid & Friends In The Morning.
He told Rita Cosby and her co-host John Catsimatidis that he was “really surprised” to receive an invitation to meet with the vice president, after they both spoke last month at a Republican Jewish Coalition meeting in Las Vegas.
“The talk was that I was going to grill JD Vance on Tucker Carlson and the Israel comments he’s been making as of late,” Rosenberg said. “This was more of a get-to-know-each-other session.”
While Rosenberg explained that most of their conversation would remain off the record, he emphasized that “it went well” and they “hit it off,” adding that the two men would likely have “many more meetings about very substantial things” in the future.
Though he remained outspoken about his preference for Secretary of State Marco Rubio as a 2028 presidential nominee, Rosenberg said that if Vance is “going to be our guy,” he left Thursday’s meeting feeling like he could work with him.
“He is willing to listen,” Rosenberg said. “I don’t think by any stretch that JD Vance hates Israel, hates the Jewish people.”
Just a few hours before Rosenberg’s meeting with the vice president, i24 News reported that Vance was also planning to host a Shabbat dinner this week as a method of outreach to Jewish Republicans.
“Vice President Vance is making considerable outreach efforts to the American Jewish community, particularly with this Shabbat dinner,” Shabbos Kestenbaum, a pro-Israel campus activist who spoke at the Republican National Convention in 2024, told The Jewish Telegraphic Agency.
Kestenbaum, who filed a Title VI lawsuit against Harvard University for ignoring antisemitism in 2024, added that he looks “forward to working together on our common interests while also expressing our concerns.”
Despite the rosier outlook shared by Jewish Republicans on Thursday, the meeting between Rosenberg and Vance came just two days after the vice president told participants at a technology conference that Trump does not shy away from opposing Israeli Prime Minister Benjamin Netanyahu in order to advance the interests of the American people.
The president “has shown a willingness to actually part ways with ‘Bibi’ Netanyahu when he feels like the interests of the American people are different from the interests of the government of Israel,” Vance said in a virtual address at the All-In Summit.
In response to those remarks, Sam Markstein, national political director for the RJC, told JTA in a statement that “the vice president has said, time and again, that Israel is a close and important ally of the United States.”
Markstein recalled how at last month’s RJC meeting — where both Vance and Rosenberg also spoke — Israel’s former minister for strategic affairs, Ron Dermer, said he’d be “forever grateful” for Vance’s role in the June 2025 conflict with Iran.
“All true partnerships between proud, independent, sovereign nations have room for disagreement — that is the mark of the alliance’s strength,” Markstein added.
Vance’s address at the RJC meeting was seen across the media as a chance to mend ties with Jewish conservatives, particularly regarding his views toward Israel and his connection to Carlson. The vice president spoke at a closed-door session, during which he reportedly described Israel as “extremely important to America’s national security,” according to Axios.
Regarding another right-wing podcaster, Joe Rogan, Vance argued that “the best approach is to actually go in there, and talk to him, and make the best argument you can,” The Wall Street Journal reported. Although the vice president denounced a third podcaster, Nick Fuentes, as someone who “really does hate Jews,” he did not offer an opinion on Carlson, per the Journal.
After the address, Rosenberg slammed Vance for foregoing “a chance to hammer” Carlson and for blaming antisemitism on immigration, which the radio host called “silly.”
But following what he described as “a great meeting” with the vice president on Thursday, Rosenberg appeared to have changed his tune.
Asked by Cosby if he walked away optimistic about Vance’s stance on Israel, Rosenberg responded, “The answer is yes.”
This article originally appeared on JTA.org.
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