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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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At Eurovision, Israel’s near triumph shows the limits of tolerance
VIENNA — A keffiyeh was blocking my view, and it bothered me less than I would have expected.
It was around 9:45 pm, and I was standing outside Vienna’s city hall, where the city had erected a “Eurovision village.” The pan-European singing competition was taking place in the former Habsburg capital, grand architecture framing massive public viewing screens.
Security was tight. Visitors weren’t allowed to bring bags inside the area, and we were patted down by two separate guards before we were allowed to enter. In August 2024, a foiled terror attack led to the cancellation of three Taylor Swift concerts, an international embarrassment authorities were keen not to repeat.
And then there were the protests over Israel’s participation.
The day before, an anti-Israel solidarity concert had featured a video call with Unorthodox author Deborah Feldman, who said she was protesting the “whitewashing” of a genocide. A separate “song protest” reportedly escalated from chants of “One love” to “Death, death IDF.” Earlier that day, demonstrators had marched along Vienna’s main shopping boulevard. By the time evening rolled around, a group of clowns had gathered outside the parliament, practicing creepy, Joker-like laughs and holding signs that said “United by Genocide,” a play on the Eurovision Song Contest’s slogan. “United by Music.”
For a contest that insists on being apolitical, Eurovision had become unmistakably political.
I didn’t care much for the music, but world events were unfolding here in Vienna, and I wanted to see them up close.
Israeli singer Noam Bettan was the third to perform. As he got on stage and started singing “Michelle,” a couple of people in the crowd I was standing in started shouting “Free Palestine” at the screen. The chants weren’t loud enough to drown out the performance
Then, someone in front of me raised a keffiyeh, stretching it between both hands and waving it in the air. It blocked my view. I considered asking him to lower it. But did I really want to risk a confrontation? Instead, I stepped sideways – slightly annoyed, but telling myself this was the price of tolerance.
Only later that night did I begin to wonder whether tolerance was, in fact, a shared value.
Back home, I watched the voting. Just before 1 a.m. the audience vote catapulted the Israeli act into the lead. In the previous two years, Israeli entries had also performed strongly with viewers, placing first and second in the public vote without winning overall. The reasons have been debated: diaspora support, savvy promotion, or simply songs that fit the Eurovision formula — catchy, theatrical, sung with a powerful voice. (Israel has won the competition four times, most recently in 2018.)
Israel’s promotional efforts have drawn criticism, but no evidence of manipulation has emerged, and the public broadcaster KAN has responded quickly to European Broadcasting Union reprimands.
It didn’t matter. Social media filled with accusations that Israel had cheated. In the arena, just before Bulgaria’s points were announced, the booing aimed at Israel’s entry grew so loud it was clearly audible on the broadcast.
Bulgaria won, Israel came in second, and I felt something close to relief. At a time when several countries had already stayed away and others were wavering, it seemed less like a celebration than a breaking point. I wouldn’t want to witness what would happen if Eurovision were to be held in Israel next year.
It had been easy to move when the keffiyeh blocked my view. One step to the side, and the problem was gone. However, there was no stepping aside from what came later. Freedom of speech is about making space, but it can also be used to close it.
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Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote
(JTA) — The Israeli contestant in the Eurovision Song Contest won second place for the second year in a row, drawing a strong public vote despite protests over Israel’s inclusion in the contest.
Noam Bettan and his song “Michelle” ranked third in the public vote and eighth in the jury vote, which combined to give him second place behind the entry from Bulgaria, which won the contest for the first time.
Bettan thanked his fans in a post on Instagram after leaving the stage.
“I’m still processing everything and trying to find the words for this incredible journey. You guys are amazing and this is all because of you. I love every single one of you!” he wrote. “This is just the beginning, there are so many amazing things in the way! 🤍Am Israel Chai!!!”
Five countries boycotted the contest this year over Israel’s inclusion, citing Israel’s military operations in Gaza. After the competition, a spokesperson for VRT, Belgium’s national broadcaster, said the country was unlikely to participate next year unless the European Broadcasting Union, which runs the contest, makes “a clear statement against war and violence and for respect for human rights.” Belgium came in 21st of 25 competitors in the final.
Bettan faced a smattering of boos both during the semifinal on Tuesday and during the final on Saturday in Vienna, as well as when Israel briefly led the leaderboard during the announcement of the audience votes. He told the Jewish Telegraphic Agency ahead of the final that he believed he had more fans than detractors and that he would focus on them.
Israel scored 220 points in the public vote after drawing a formal warning from the EBU for its campaign urging supporters to send all 10 of their votes to Bettan. Israel’s broadcaster called off the campaign after being told it was “not in line with our rules nor the spirit of the competition.”
Israel also drew 123 points from national juries, more than twice what it earned last year when 22 countries awarded Israel no points at all in a result seen as driven in part by political tensions.
This article originally appeared on JTA.org.
The post Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote appeared first on The Forward.
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It looks like a kaffiyeh, but this pro-Israel influencer wants you to wear a sudra
In a recent viral Jubilee video viewed more than 1.5 million times, pro-Israel activist Rudy Rochman sits across from a group of 20 pro-Palestinian activists, debating the Israeli-Palestinian conflict. Draped around his neck is a black-and-gray checkered scarf that looks almost identical to a kaffiyeh.
Look closer, and the pattern resolves into something else: tiny Stars of David clustered together, alongside Hebrew lettering spelling out Am Yisrael Chai — “the people of Israel live,” which has became a mantra after Oct. 7 and the hostage crisis. It’s not a kaffiyeh, Rochman says, but a modern twist on the sudra, a cloth head covering once worn by Jews across the Middle East — and he wants to bring it back.
Since the Gaza War, the kaffiyeh has become an increasingly visible symbol of pro-Palestinian activism. Now, Rochman is part of a small but growing effort to revive the sudra as a marker of Jewish identity rooted in the Middle East. He runs the company My Sudra, promoting and selling the garment online. It has been embraced by a niche but visible group of young pro-Israel influencers.
Rochman, a 32-year-old Jew of Moroccan and Algerian descent, said he and his family wore sudras during celebrations like bar mitzvahs and weddings. In old family albums, Rochman says most photos of his grandfather and great-grandfather show them donning the garment in Morocco.
As a child, Rochman understood the head covering as Middle Eastern rather than distinctly Jewish. Once he learned about its connection to Judaism, he set out to revive it, beginning to create sudras in 2016 while a student at Columbia University.
The term sudra appears in rabbinic literature, including the Mishnah and Talmud, as a general term for a cloth typically worn as the religiously prescribed head covering, though some sources describe Jews wearing it around their necks. Experts say Jews across the Middle East wore sudras, likely before the Middle Ages, with styles varying by region and period.
From the Middle Ages into the modern era, Jews in the Middle East, classified as dhimmis, sometimes faced legal restrictions on dress. One notable prohibition during certain periods was the wearing of a headscarf or turban by Jews, including the sudra.
“This form of headgear by Jewish men was not tolerated in many communities,” said Gillian Vogelsang-Eastwood, a textile historian specializing in Middle Eastern dress. “Men could wear the kippah, but nothing significant in public on the head.”
Over time, she said, those constraints contributed to the fading of the custom.
“For me, it’s about reviving an aspect of our culture that was beaten out of us by force,” said Rochman. “It’s not like we consciously made a decision. ‘Hey, we want to stop wearing sudras.’ We were forced to stop wearing it.”
Historically, sudras did not usually feature identifiably Jewish symbols. The Kurdish sudra is an exception, incorporating circles and dots with religious meaning. Even in Rochman’s own family photos, his ancestors typically wore plain white sudras.
Rochman, however, has deliberately added Jewish symbols to make the garment legibly Jewish to contemporary eyes.
Rochman sells sudras in various colors, including a black and white version that looks exceptionally similar to the Palestinian version of the kaffiyeh. Instead of the pattern of zig-zag stripes and criss-crossed squares that can be found on that kaffiyeh, Rochman’s sudra has stars of David juxtaposed to create a similar checkered pattern, as well as Jewish symbols like the menorah, along with the phrase Am Yisrael Chai.
The resemblance to the kaffiyeh is not accidental.
The kaffiyeh is widely seen today as a symbol of Palestinian identity and resistance, but it did not always carry that meaning.
According to Vogelsang, “The kaffiyeh is basically regarded as a 19th-century development worn by farmers in Syria,” she said. “The Jordanian army later adopted it as part of their uniforms.”
Vogelsang says its political symbolism developed in the 20th century, particularly through its association with Palestinian nationalism and figures such as PLO leader Yasser Arafat, who popularized the black-and-white kaffiyeh widely worn today.
Some say the patterns on the Palestinian black-and-white kaffiyeh represent different aspects of Palestinian culture. The criss-cross lines represent the Palestinian ties to the Mediterranean Sea because of their resemblance to fishnets; the black stripes symbolize trade routes through Palestine; and the curved lines are said to symbolize olive trees.
But Vogelsang and other experts say that this symbolism is a modern interpretation of older patterns. “They didn’t have these meanings. The Palestinian community has given them these meanings,” she said.
Patterns like checks and stripes were often used for garments in the Middle East, not because of any particular symbolism, but because “they are just an easy, convenient design to make,” said Vogelsang. Both Jews and Muslims used whichever fabrics were locally available, often checkered and striped patterns commonly associated with the modern-day kaffiyeh.
In a similar way, Rochman’s sudra takes on explicit political meaning through the inclusion of the phrase Am Yisrael Chai, popularized in the 1960s as a rallying cry for Soviet Jewry and now widely used at pro-Israel demonstrations. In that sense, his garment does not just revive a historical practice, but imbues it with ideological significance.
“Being a Zionist outwardly was kind of seen as excessive before Oct. 7, but after Oct. 7 it became something that was cool again,” Rochman said, adding that interest in — and sales of — his sudras increased following the attacks and the war in Gaza that followed.
I asked Rochman if he’s ever worried about being mistaken for wearing a kaffiyeh or accused of cultural appropriation. Dozens of Reddit threads are dedicated to the topic online. In the Jubilee video, one Palestinian activist tells him, “Are you going to pretend that the kaffiyeh you’re wearing is not a culturally appropriated kaffiyeh? And you just added the Hebrew and all of that to it.”
But he is not particularly bothered by either accusation.
“I look at it as just an opportunity to tell that person, whether a Jew or not a Jew, that doesn’t know anything about a part of Jewish culture, who we are and what we are.”
And while Rochman’s main goal is to help younger generations of Jews understand a part of their history that has faded, he hopes that more Jews wearing the sudra will also foster a greater understanding of Jewish history in the Middle East.
“We need to know where we’re from,” Rochman said. “And if it helps us connect with other Middle Eastern peoples, that’s amazing too.”
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