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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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Can the US really bring Iranians democracy?

The protesters at a January rally I attended in New York City’s Washington Square Park were loud and raw throated as they denounced the brutal Islamist regime in Tehran, then in the midst of slaughtering thousands of their comrades in Iran. A crowd of more than 1,500 called on the United States to make good on President Donald Trump’s all-caps promise that “HELP IS ON ITS WAY.”

I turned to an Iranian friend next to me who was lustily joining cheers calling for the tyrants’ overthrow. Like most of the rest of the protesters, she was also cheering the demonstration’s other prominent images: Israeli flags, the images of President Donald Trump and photos of Reza Pahlavi, the son and self-declared heir of the autocratic monarch Iranians ousted in 1979.

My friend’s parents had once been members of Iran’s leftist Tudeh Party, the country’s official communist faction, which was among the staunchest opponents of Pahlavi’s father. Recalling my own 20-month stay in Iran toward the end of his rule, I asked my friend if she understood the rampant corruption and repression under which Iranians lived during that time.

Was she aware of the role the U.S. played in installing the shah in power, and the torture of dissidents by SAVAK, the shah’s secret police, with support from Israel’s intelligence agency, the Mossad — a record Pahlavi has never acknowledged?

My dear friend fixed me in her gaze with clear eyes, devoid of illusion.

“Yes,” she said simply. “And it would be better.”

Lowered expectations

Whether the bombs and missiles the U.S. is now raining down on Iran will fulfill the promise Trump held out for protesters remains an open question. But In New York City, back in January, there was no mistaking their desperate faith in him — or the irony of that faith.

It was the U.S., after all, that joined with Great Britain in 1953 to overturn the democracy Iran enjoyed 73 years ago. Twenty-six years of U.S. support ensued for the autocracy that followed.

During the Iran-Iraq war from 1980 to 1988, it was the U.S. that also supplied Iraq’s president, Saddam Hussein, with critical intelligence and precursor chemicals that enabled him to manufacture and deploy outlawed chemical weapons against Iranian troops and civilians, asphyxiating thousands.

Given this history and the woeful fates that befell Iraq and Libya after U.S. intervention, many liberals voice grave doubt that any U.S.-forced regime change could restore democracy to the country. But they may be missing an important point: the extent to which crushing U.S. economic sanctions and the Iranian government’s own brutal repression, corruption and incompetence, have produced economic and political desperation among many Iranians, which radically lowers the bar.

The redemption of ‘Big Satan’

Opponents of Trump can recite a litany of his political and personal depravities, his affronts to democracy here at home, and his unreliability as an international partner in support of human rights and democracy abroad.

But I’ve noticed, anecdotally, that such recitations fall on deaf ears with many Iranians.

Two reasons rise to the top, in my mind, that explain this.

The first is the enormous credibility that Trump and the U.S. have derived from being among the primary hate targets of Iran’s despotic regime. This effect has also benefited Israel, the partner of the U.S. in waging this war. Decades of demonization of “the Big Satan” — and Israel, “the Little Satan” — from leaders so many Iranians despise have performed a miracle of reputational resurrection.

Today, this relentless drumbeat of vitriol has rendered the CIA’s subversion of Iran’s mid-20th century democracy — and Israel’s help in setting up SAVAK — a distant memory. This theocratic regime is the present danger.

Secondly, as a famous saying in Washington goes, “You can’t beat something with nothing.” That appears to be why many Iranians, for now, are turning to Trump. In Iran, the protesters’ own lack of leadership and resistance infrastructure plays into this. There is no Charles de Gaulle or Nelson Mandela waiting in the wings to take charge, with highly disciplined and battle-tested resistance groups to support them.

Another important factor may be the American left’s inability to offer Iranians a compelling alternative vision.

Several liberal members of Congress, including Rep. Alexandria Ocasio Cortez and Senator Bernie Sanders, have consistently praised the bravery of the protesters and their cause. But they have not proposed any way to hold their killers accountable, and have opposed Trump’s war as the way to do so. Their approach, diplomacy and international law, produced President Barack Obama’s Joint Comprehensive Plan of Action in 2016, which radically constrained Iran’s nuclear weapons development.

Based on my reporting from Iran for the Forward back then, I can attest that vast numbers of Iranians strongly supported this at the time. They saw the JCPOA as a way to open Iran up to greater Western influence over time — the greatest fear of the country’s hardline ayatollahs.

But Trump tossed that achievement into the rubbish heap of history in his first term. And the left’s toolbox has been useless since. In the meantime, outside of government, some on the left have played down or ignored the Iranian government’s killings and abuses — or even attributed January’s protests in whole or part to Mossad agents embedded in Iran.

‘Striving for democracy’

Another friend, still living in Iran, told me recently that his grandson had left him feeling shamed. How is it, his grandson asked, that his generation had allowed the shah to be overthrown and replaced by this cohort of theocratic thugs?

My friend in Tehran had no answer.

My friend’s parents had been ardent supporters of Prime Minister Mohammed Mossadegh, the fiercely nationalistic Iranian leader ousted by Britain and the U.S. in 1953. But now, the prospect of a return by the shah’s son as a U.S.-backed autocrat with strong ties to right-wing Israelis didn’t phase him at all.

For his part, Pahlavi has publicly espoused a commitment to secular liberal democracy. But just last month his main support group, the National Union for Democracy in Iran, proposed that Pahlavi should serve as the unambiguous “Leader of the National Uprising” who will be empowered to issue official decrees, install hand-picked executive officials during a “transition to freedom and stability” and act as commander-in-chief of Iran’s military forces.

His supporters, meanwhile, have been widely accused of harassing and viciously threatening opponents who do not accept him in this role.

Would a secular, hopefully more competent, authoritarian dictatorship, whether led by Pahlavi or someone else with U.S. backing, be an improvement, I asked my friend in Tehran?

Even as bombs were falling from the sky onto his city last week, he texted back: “Yes sure!”

“I think this can be a phase towards a better situation for striving for democracy,” he added.

To be honest, I fear he and other like-minded Iranians are betting on moonbeams. But even after Israel bombed Tehran’s oil storage facilities over the weekend, engulfing the city in a poisonous black cloud, he texted me poetry.

“Under the black smoke…I saw trees that were hosting a multitude of blossoms with their thin bodies,” he wrote. “It seemed like they were supposed to remind us of spring….To us, who have been stuck in a rut for years? The ideological Mafia rule of the Islamic Republic of Iran has stolen 47 springs from us.”

The post Can the US really bring Iranians democracy? appeared first on The Forward.

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Lawsuit says DOGE used ChatGPT to flag Jewish-themed humanities grants as ‘DEI’ before canceling them

(JTA) — The Department of Government Efficiency tagged Jewish themes as “DEI” in ChatGPT when searching for federal humanities grants to cancel last year, according to a class-action lawsuit.

The methodology contributed to the cancellation of National Endowment for the Humanities grants to study violence against women during the Holocaust, postwar Soviet Jewish literature and hundreds of other topics, even as the NEH would soon bestow $10.4 million, its largest-ever grant, to the Tikvah Fund, a politically conservative Jewish cultural project.

The suit brought by the Authors Guild; a member organization for several academic groups including the Association for Jewish Studies; and a number of individual scholars seeks to restore the canceled funding, which comprised around 80% of the NEH’s grants and was cut amid the Elon Musk-led task force’s broader slashing of federal spending last year.

The suit names the NEH, its acting chair, and several DOGE staffers as defendants, including Justin Fox, who the suit alleges was behind the ChatGPT methodology.

While DOGE’s use of keywords to cancel research grants was already known, as was the sweep’s effect on Jewish projects, the suit has revealed new details in its methodology, including staffers’ use of ChatGPT and their contention that works dealing with Judaism are a form of DEI.

In a filing on Friday, attorneys for the plaintiffs said Fox specified that he considered Jewish grants, including those focusing on the Holocaust, part of DEI.

“For a different grant about violence against women during the Holocaust, Fox testified that ChatGPT properly classified the grants as involving DEI, and thus slated it for termination, because it was ‘specifically focused on Jewish cultures’ (as in, it was about the Holocaust) and the ‘voices of the females in that culture,’” reads the filing.

“More generally, Fox stated that he identified as DEI any grant about a specific ‘minority group,’ meaning any particular ‘ethnicity, culture . . . race or gender or religion,’” the filing went on.

“It’s a Jewish — specifically focused on Jewish culture and amplifying the marginalized voices of the females in that culture,” Fox stated about one canceled grant for a project about “violence against women during the Holocaust,” as the latest court filing described it. Fox continued, “It’s inherently related to DEI for that reason.”

When asked in a deposition about the criteria for cancellation, the NEH’s acting chair Michael McDonald said he hadn’t known that DOGE used ChatGPT in its selection process, while also noting that he didn’t agree with the assessment that the Holocaust constituted DEI. The final authority for canceling the grants rested with DOGE, not McDonald, depositions indicated.

Fox, the suit alleges, had created his own “Detection List” of identity-based traits, with separate categories for “Craziest Grants” and “Other Bad Grants,” before running the databases through the generative AI software.

His prompt, according to the lawsuit: “Does the following relate at all to DEI? Respond factually in less than 120 characters. Begin with ‘Yes.’ or ‘No.’ followed by a brief explanation. Do not use ‘this initiative’ or ‘this description’ in your response.” The grants that turned up were all terminated, with only a few exceptions.

Many Jewish-themed projects were among the NEH cancellations, including a grant for “In the Shadow of the Holocaust: Short Fiction by Jewish Writers from the Soviet Union,” a translation project that was published in book form last month. The book was singled out during the lawsuit’s discovery phase, which noted, “ChatGPT classified this grant as DEI because ‘[t]his anthology explores Jewish writers’ engagement with the Holocaust in the USSR.’”

“I find it annoyingly amusing that they weren’t bothering to read the grants themselves — that they needed a machine to give them some sense,” Sasha Senderovich, a University of Washington professor who co-translated the volume with University of Illinois-Urbana Champaign professor Harriet Murav, told the Jewish Telegraphic Agency. Three-quarters of their NEH grant had already been paid out, Senderovich said. He believes the NEH’s decision to cancel his grant was an example of “authoritarian logic.”

The book “In the Shadow of the Holocaust” showcases Jewish literature written in the Soviet Union; at right, Jewish women buy flour before Passover in Moscow in 1965. (Keystone-France/Gamma-Keystone via Getty Images)After Senderovich used similar language in a Forward story last year following the cuts, an NEH official called the accusation “tendentious” and accused “wokeness and intersectionality” of being the true authoritarians in a text to McDonald, according to the court filing.

While the DEI justification has generated headlines, Senderovich said, “I think it’s also somewhat misleading to get hung up on what they typed into ChatGPT.”

The NEH’s final grant cancellation list, he noted, included many projects that had not been flagged as DEI. One such cancellation noted by the plaintiffs’ attorneys — which DOGE canceled over McDonald’s objections — was “a grant to advance the National Catholic Center for Holocaust Education at Seton Hill [sic] University.”

Murav, for her part, told JTA, “I am reeling from these cascading waves of hatred.” She rejected the idea that Jews should be considered part of DEI: “DEI initiatives seek to redress historic failures in American society. DEI efforts in the world of the university are not aimed at American Jews, because American Jews are over-represented in the professions and in the academy.”

Also canceled by DOGE: a project on “the untold story of Jewish women’s slave labor during the Holocaust,” according to the suit. Documentary filmmaker Marisa Fox, whose own grant for a project matching that description was canceled, bemoaned the Trump administration’s new priorities in the Hollywood Reporter last year.

“I’ve seen firsthand how meeting a Holocaust survivor, whether in person or through a project, can dispel the most deep-seated antisemitic beliefs,” Fox — no apparent relation to the DOGE staffer — wrote then. “But if the NEH, NEA and local humanities councils are defunded, the platforms that can bridge divides will be severely limited. And so, too, will our chances of stemming hate’s rising tide.”

Even as staffers appeared to classify Jews as “DEI,” the NEH is moving forward with its support of Tikvah-aligned Jewish scholars. Ruth Wisse, a prominent Yiddish and Jewish cultural scholar, emeritus Harvard professor and senior fellow at Tikvah, is set to deliver the NEH’s annual Jefferson Lecture in the Humanities later this month at what has been rechristened the “Trump Kennedy Center.” Wisse’s lecture is titled “A Message from the ‘Blue and White’ in the ‘Red, White, and Blue,’” a reference to the colors of the Israeli and American flags.

A request for comment to Tikvah CEO Eric Cohen was not returned as of press time. Tikvah had a previously unreported connection to NEH senior leadership, the deposition shows: Dorothea Wolfson, who has worked with Tikvah and directs a program established by a former Tikvah board chair, is married to Adam Wolfson, the NEH’s assistant chair for programs. Adam Wolfson said in the deposition that he had made introductions but wasn’t involved in the grant selection.

As it shines a spotlight on DOGE’s practices, the suit also brings a different long-simmering debate to the forefront: whether Jews are considered part of “DEI,” the broad suite of diversity, equity and inclusion initiatives at universities and other institutions that conservatives have railed against.

Some prominent Jewish voices, including current CBS News editor-in-chief Bari Weiss, have argued that DEI practices are at least latently antisemitic because their practitioners do not consider Jews an underrepresented minority. The Trump administration’s crackdown on campus antisemitism has frequently been paired with anti-DEI initiatives.

Yet at the same time, a broader anti-DEI push on the right has also ensnared Jewish projects, or generated confusion among university administrators as to whether Jewish events should be canceled on campuses where DEI is outlawed.

Fox, according to investigations of DOGE staffers last year, is a former investment banker whose DOGE tenure also included stints overseeing cuts at USAID and the General Services Administration. His NEH tenure coincided with a directive for that organization to eliminate $175 million in federal grant funding. The DOGE project largely wound down following its architect Musk’s official exit from government a few months into its tenure, decimating numerous federal agencies and jeopardizing some initiatives to benefit Jews.

“It’s just ridiculous. You have these kids being told just go in and cut as much as you can,” Mary Rasenberger, CEO of the Author’s Guild, told JTA about the DOGE maneuvers. “They were given no real instruction.”

The guild is one of several organizations that have co-signed onto the lawsuit, which is requesting the refunding of the grants. It is now awaiting a judge’s ruling on a summary judgment that would avoid a trial.

Among several individual authors represented by the guild in the suit is Jewish author and independent scholar William Goldstein, founding editor of the New York Times’ Books website, whose NEH grant was meant to fund a biography of Jewish LGBTQ playwright and AIDS activist Larry Kramer.

The post Lawsuit says DOGE used ChatGPT to flag Jewish-themed humanities grants as ‘DEI’ before canceling them appeared first on The Forward.

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Lindsey Graham urges Israel not to strike Iranian oil depots even as he says he helped make war happen

(JTA) — Sen. Lindsey Graham of South Carolina has called on Israel to rein in its attacks on Iranian oil infrastructure, marking a rare note of caution from a Republican lawmaker who has said he helped push the United States to join Israel in waging war against Iran.

In a post on X on Sunday, Graham praised Israel for its role in the war before adding that “there will be a day soon that the Iranian people will be in charge of their own fate, not the murderous ayatollah’s regime.”

“In that regard, please be cautious about what targets you select,” continued Graham. “Our goal is to liberate the Iranian people in a fashion that does not cripple their chance to start a new and better life when this regime collapses. The oil economy of Iran will be essential to that endeavor.”

Graham’s post linked to an Axios article that reported that the United States was alarmed by Israeli strikes over the weekend that targeted 30 Iranian fuel depots. On Monday, U.S. gas prices rose to their highest levels since 2024.

The warning from Graham, an ally of President Donald Trump and staunch supporter of Israel, comes days after the Republican hawk told the Wall Street Journal that he had played a key role in urging Trump to strike Iran.

Prior to the joint U.S.-Israeli strikes on Iran, Graham made several trips to Israel where he met with members of the Mossad, Israel’s intelligence agency, as well as Israeli Prime Minister Benjamin Netanyahu whom he said he coached on how to lobby Trump to strike Iran.

“They’ll tell me things our own government won’t tell me,” Graham told the newspaper.

On Monday, Graham also directed his criticism at Saudi Arabia’s decision to stay on the sidelines of the campaign against Iran.

“It is my understanding the Kingdom refuses to use their capable military as a part of an effort to end the barbaric and terrorist Iranian regime who has terrorized the region and killed 7 Americans,” wrote Graham in a post on X Monday. “Question – why should America do a defense agreement with a country like the Kingdom of Saudi Arabia that is unwilling to join a fight of mutual interest?”

The post Lindsey Graham urges Israel not to strike Iranian oil depots even as he says he helped make war happen appeared first on The Forward.

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