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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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After 9/11, Jewish volunteers kept watch over the dead. 25 years later, the grief remains.

In the aftermath of 9/11, New Yorkers found countless ways to help. They lined up in record numbers to donate blood, delivered meals and medical supplies to first responders, and opened their homes to strangers with nowhere else to go.

And then there were the people who sat with the dead.

Starting on Sept. 20, 2001, Jewish volunteers took four-hour shifts at the city medical examiner’s temporary morgue in lower Manhattan, reciting psalms and keeping watch over the remains.

Without fail, a member of the Jewish community was there — 24/7, for more than seven months.

They were sitting shmira, fulfilling the Jewish tradition of staying with the dead from the moment of passing until burial. The volunteers — some of them college students — sat with and prayed for each of the victims, whether or not they were Jewish.

“Right after 9/11, all the way down till the next May, it was never a missed moment,” Rabbi Allen Schwartz of Congregation Ohab Zedek, which organized the shmira, told the Forward. “We never had a problem filling a spot.”

A congregation responds

Like many houses of worship, Congregation Ohab Zedek, an Orthodox synagogue on the Upper West Side, mobilized after 9/11. Congregants collected masks, filled boxes with clothing, and set up an assembly line to make sandwiches for those in need.

Schwartz also recognized the importance of shmira — determined that the horror of 9/11 would not interrupt the tradition that brings dignity to the dead. He asked a congregant, recently retired shoe salesman Armin Osgood, to coordinate.

“When Rabbi Schwartz asked you to do something, you did it,” Osgood, now 91, told the Forward. “There was not a question at that point.”

Osgood sketched out a schedule on a big yellow legal pad and began filling it in with names. Many Ohab Zedek congregants signed up. Others heard about the effort through word of mouth, sometimes from friends of friends. Some traveled from out of state.

The group included people with different levels of religious observance. All that mattered to Osgood was that they were willing to help.

“People called, and they said, ‘I don’t speak Hebrew. I can’t read Hebrew.’ I said, ‘So read the Psalms in English.’ ‘Well, I’m in a congregation where women wear pants.’ I said, ‘So wear pants,’” Osgood said. “Nobody gets excluded. If they want to do it, I’ll find a way.”

Ely Razin, 35 at the time, was among the Ohab Zedek congregants who volunteered. He took a shmira night shift, reciting tehillim next to the remains and trying to concentrate on the meaning of the ancient words.

“It helped me feel like I was doing something,” Razin told the Forward. “The act of shmira, in and of itself, somewhat gives you a sense of personal peace.”

Rabbi Schwartz took a weekly Friday morning shift, where he found himself providing spiritual comfort to people of all faiths. He befriended a Protestant minister who was often there to pray with bereaved families. Once, a Catholic family, unable to find a priest, asked Schwartz to say the last rites.

Unfamiliar with the Catholic tradition, Schwartz recited the Jewish memorial prayer kel maleh rachamim in English.

“I don’t know what their last rites look like, but I said the [Jewish] prayer we say at the funeral,” Schwartz said. “So it was a kiddush Hashem. That was a very meaningful moment.”

Keeping the chain

Keeping the morgue staffed 24/7 was no easy task. It was even more difficult on Shabbat — partly because Ohab Zedek, on the Upper West Side, was too far from the morgue in lower Manhattan to walk.

An Ohab Zedek congregant reached out to Jessica Russak-Hoffman, then a senior studying English at Stern College, Yeshiva University’s women’s college. Its dormitories were within a few blocks of the morgue.

“My dad always said, ‘If a mitzvah lands on your lap, you’ve got to pick it up,’” Russak-Hoffman said. “So I grabbed a clipboard, and I went outside and started recruiting.”

She ended up enlisting more than a dozen women. One was Judith Kaplan, then a junior at Stern, who often took the midnight-to-4 a.m. shift — spending many Friday nights as a college student at the morgue.

Kaplan’s nearby apartment became a home base for the volunteers. She cooked lunch and dinner for those sitting shmira, many of whom were missing communal Shabbat meals to take their shifts.

“It’s not everybody’s cup of tea to do this kind of thing, so you have to find someone who has the stomach for it, and the emotional capacity for it,” Kaplan said. “This is not an easy mitzvah.”

As the months went on, the group had fewer volunteers. Kaplan began taking eight-hour shifts, sometimes in the dead of winter and in the middle of the night. Stern College security guards accompanied her on the walk to the morgue.

“I felt a very big responsibility,” Kaplan said. “I felt very strongly that if we can’t find someone to sit, then I have to do it. I didn’t want to break the chain.”

Russak-Hoffman also took night shifts. She recalled how, whenever a first responder’s remains were identified, everyone would pause, stand and pay their respects.

For Kaplan, those moments underscored how the Jewish volunteers had become part of the broader recovery effort. Shmira, she emphasized, was never about distinguishing Jewish victims from others.

“They could have told me that every single Jewish body was identified, and I still would have sat there,” Kaplan said. “It did not matter what your faith was or what your culture was — we were all there for the same reason.”

Looking back

There would never be a moment when all the victims’ remains were identified. But at some point, identifications slowed. Schwartz decided to end the shmira on Lag B’Omer — a Jewish holiday that marks the end of a mourning period.

But for so many of the volunteers, the shmira’s conclusion was not the end of mourning.

“I definitely spent the next 20 years looking at open sky and expecting planes to go by and hit things,” said Russak-Hoffman, who now lives in Seattle. “Every time a proper commercial plane went by without context, it flashed me back.”

Razin, who now lives in Israel, said similar emotions resurfaced for him after the Oct. 7 attacks. Sitting shmira is considered chesed shel emet, the highest level of mitzvah because it is truly selfless, as the dead cannot repay the act. But Razin came to understand that the ritual also serves the living.

“They’re there to help not only the person who’s departed, but the people who are left behind,” Razin said. “It put a frame around something that otherwise was incomprehensible and monstrous.”

For Kaplan, who now lives in Jerusalem, the experience was formative. The tehillim — its pages now held together with a hairband — became a keepsake of that time. She has since brought the prayer book to her wedding and to the birth of her child.

“That’s how meaningful the experience was for me,” she said.

Schwartz plans to reflect on 9/11 and its aftermath in his Rosh Hashanah sermon this year, which falls on Sept. 11. Twenty-five years later, he said, the volunteers’ mitzvot offer a reason for hope.

“This was barbaric evil on the part of some people, but it really brought out the most incredible goodness in many more people,” Schwartz said. “We shouldn’t give up hope in mankind.”

The post After 9/11, Jewish volunteers kept watch over the dead. 25 years later, the grief remains. appeared first on The Forward.

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With Jewish New Yorkers on edge, Julie Menin says new protections will help keep them safe over High Holidays

As Jewish New Yorkers prepare for the High Holidays amid continued worries about rising antisemitism, City Council Speaker Julie Menin says her historic role as the chamber’s first Jewish leader has become even more important than she expected when elected in January.

In an exclusive interview with the Forward earlier this week, Menin pointed to her synagogue-protection law and successful fight against the Met’s John Galliano exhibition as proof that having a Jewish leader with a powerful bully pulpit matters.

“It’s incredibly important at this pivotal time,” Menin said. “We need to be standing up loudly, clearly, unequivocally in the fight against antisemitism.”

Many Jewish leaders see Menin, 58, as a check on Mayor Zohran Mamdani, whose rhetoric on Israel and handling of antisemitism have strained relations with parts of the Jewish community.

Mamdani has met in recent weeks with Jewish leaders and visited the Orthodox-populated neighborhood of Borough Park. The administration was expected to release a comprehensive citywide strategy to combat antisemitism before the High Holidays. Mamdani’s spokesperson did not respond to an inquiry about the rollout timetable. Menin said that City Hall has not briefed her on its plan.

Services at synagogues across the city this year come against a backdrop of rising antisemitism. Synagogues already spend millions of dollars a year on security, a reality her children have noticed, Menin said. Recent NYPD statistics showed that in the first seven months of 2026, anti-Jewish incidents rose 8.5%, and 57% of the reported hate crimes in the city involved Jewish victims. “This has now become the new normal,” she said. “It’s terrible. It is just shameful that we have entered this new era.”

Menin is scheduled to speak at Central Synagogue, the site of an antisemitic attack last month, at its evening services before heading to a friend’s home, where she and her eight-year-old daughter will bring an apple pie they bake together as an annual tradition.

A High Holidays test

Menin said she hopes the Council’s recent efforts to combat antisemitism will help Jewish New Yorkers feel safer and more protected as they head to synagogues for the High Holidays.

One of Menin’s first legislative priorities after taking over the Council was a package of bills that included protest protections for houses of worship, a hate-crime reporting hotline, Holocaust education initiatives and additional security assistance. “I do see that we have made some real progress,” Menin said.

The most controversial part of Menin’s agenda focused on limiting protests outside synagogues. The Council ultimately passed legislation requiring the NYPD to develop a plan for establishing a buffer zone when demonstrations involve harassment, intimidation or physical threats. Mamdani, who had raised concerns about restricting protests, allowed the synagogue measure to become law without his signature.

The law now faces its first big test. The High Holidays coincide with the annual United Nations General Assembly, which is expected to draw protests against Israeli Prime Minister Benjamin Netanyahu, encouraged by Mamdani.

Menin said the new law should help protect people entering and leaving synagogues if tensions rise around Netanyahu’s visit, and demonstrations cross the line into intimidation. “I think that bill is really important in terms of making a difference to assure congregants of their safety and security as they enter and leave,” she said.

Asked directly what she would say to Jewish New Yorkers who remain worried about Mamdani, Menin avoided criticizing the mayor by name. But she also offered a pointed message about the political climate. “It is incumbent to ensure that the rhetoric is turned down,” Menin said, because there remains a “heightened sense of fear within the Jewish community.”

On Wednesday, Mamdani and Police Commissioner Jessica Tisch, a lifelong member of Central Synagogue who spoke at services after the attack, announced increased NYPD security outside synagogues and other Jewish institutions for the High Holidays. Mamdani acknowledged that some Jews are “understandably afraid to come together and celebrate openly,” and said their safety “during these sacred days is of the utmost importance to our administration.”

The power to speak out

Menin has also used her position to speak out beyond the Council chamber, pointing to her recent fight over a Metropolitan Museum of Art planned exhibition as an example of the power of her bully pulpit.

Menin scored a significant victory as fashion designer John Galliano — who has a history of antisemitic remarks — bowed out following mounting criticism. Menin said she privately warned museum officials before the exhibition was announced that she would oppose it. She later went public after realizing that others who objected were reluctant to speak out.

“They might have been upset by the decision, but they weren’t comfortable speaking out,” Menin said. “We can’t shy away from speaking out. We have to be loud.” Menin called the development “a huge victory in the fight against antisemitism.”

A wish for unity

When Menin became speaker in January, she told the Forward that she hoped to use the position to help bridge some of the deep divisions in the city. Nearly a year later, she said that mission has only become more urgent.

Menin traced her own path into public service to the aftermath of the Sept. 11 attacks, when her Lower Manhattan business was devastated. She later chaired Community Board 1 and became involved in efforts to rebuild the neighborhood. What she remembers most from that period, she said, was a sense of unity that she believes New York has lost.

“Right now, it just feels very divided and very divisive,” Menin said.

As she approaches her first Rosh Hashanah as speaker, her wish for the new year is for some of those divisions to ease.

“As we really focus on the issue of atonement, we need to figure out how we can ensure the safety and security of the Jewish community at this very, very difficult time,” Menin said. “It’s my fervent hope and wish that we can try to galvanize the community together, and that we can bring along many of our allies who are not Jewish as well.”

The post With Jewish New Yorkers on edge, Julie Menin says new protections will help keep them safe over High Holidays appeared first on The Forward.

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A Jewish audience applauded when this speaker called for Muslims to leave America. Here’s a better response.

A video from the Jewish American Summit in Los Angeles shows a speaker using wildly inflammatory, dehumanizing language to describe Muslims — as the Jewish American audience members stay silent, or applaud.

“I don’t want Muslims in America,” the activist Mosab Hassan Yousef said at the sold-out event last Sunday. “Get the f— out of the United States. Go back to the s—holes where you came from and reform your own countries.” Yousef, the son of a Hamas co-founder, converted from Islam to Christianity and worked for the Israelis for 10 years.

His words were horrifying. But the cheers arising from some in the room were even more jarring, as was the refusal of the event’s organizers and most of its sponsors and speakers to condemn Yousef’s hate speech.

As leaders of NewGround, an organization dedicated to building healthy relations between American Muslims and Jews, we know that the grief of Oct. 7, the days before it, and every day since in Gaza and elsewhere, is too much to bear. But we also know that when we choose to amplify or excuse rhetoric that dehumanizes our neighbors, we don’t just jeopardize their safety, we jeopardize our own.

We fuel a cycle of hatred that makes everyone less safe — including our loved ones. The impact isn’t necessarily direct, and it isn’t immediate. But it sets the stage for escalating rancor which can easily slip into violence.

Both our traditions teach that life is sacred. The Quran (5:32) and the Mishnah (Sanhedrin 4:5) concur: To take a life — or destroy the dignity of a human being — is to destroy all of humanity; to uphold that dignity is to save all of humanity.

When we sit silently or applaud rhetoric that erases the humanity of the “other,” we are participating in a dangerous, destructive feedback loop: You hurt me, so I must hurt you to keep myself safe. Circulating exaggerations, expelling our neighbors, silencing and deporting our political opponents in the pursuit of security will only leave us all increasingly isolated, vulnerable, and broken.

That is why relationships across communities matter, especially when they are difficult. Meeting one another, challenging false claims, letting go of our rigid certainty, holding our own leaders accountable and refusing to let fear define entire groups are not symbolic gestures. They are active practices to keep isolation from hardening into hostility.

At the same time, we need to confront those who deliberately exploit fear and misinformation to pull communities further apart. If we want others to stand up for us, we have to stand up for them, especially when hateful rhetoric comes from within our own circles.

That didn’t happen when Yousef made his vile remarks at the Jewish American Summit. As Louis Keene reported in the Forward, there were no boos, only applause. Afterwards, only two co-sponsoring organizations — the Anti-Defamation League and the Jewish Federation Los Angeles — criticized his remarks.

But our communities need even more than just condemnations of hate speech. We need a substantial, structural response. We need teshuvah — a process of self-reflection and return to integrity in which many Jews engage as Rosh Hashanah approaches.

This is not a theoretical exercise, nor a process limited to Jews. It is a human endeavor. The Quran echoes similar teachings — “Indeed, God does not change the condition of a people until they change what is within themselves.” (Quran 13:11)

At NewGround, we see this work happening on the ground every day. The people in our programs challenge one another. They engage in a rigorous, often agonizing process of naming their truths, navigating anti-Palestinian racism and antisemitism, and honoring the humanity of the person sitting across from them. They communicate through their disagreements — especially when it is difficult.

The recent shooting at the Islamic Center of San Diego took place the day after our current fellows’ Israel Palestine intensive. Our  fellows rallied around our Muslim community members, as they had around the Jewish fellows during our first intensive when news of the Bondi Beach massacre hit. Several of our current fellows and alumni mobilized networks in solidarity gatherings at Friday congregational prayers at the Islamic Center of Southern California and Masjid al-Thoir in Koreatown. Fellows traveled to vigils and to the mosque in San Diego to show support. After the vandalism of a mural this summer at the Pasadena Jewish Temple Center, NewGround fellows showed up to stand in solidarity, once again.

Real teshuvah requires more than just responding to harm. It requires taking steps to prevent harm from occurring again. It means asking ourselves: Why do we uplift speakers who stoke hatred? What safeguards can we implement to ensure we are not providing a platform for division? In pursuit of our own safety, are we inadvertently endangering other communities, and can we change our approach to foster mutual care? If we are not exceptionally thoughtful, we will undermine the shared society we seek to build.

The two of us have spent 20 years convening Muslims and Jews who can do the deep, courageous work of truth-telling and listening. We know that real change only happens when we don’t shy away from challenging perspectives, but instead dive deeper into them.

This work requires the courage to stand in one’s truth while respecting and listening to those who may hold opposing viewpoints. It requires the grace to acknowledge the anger and grief we all carry, and the discipline to channel that energy into building — rather than destroying.

We invite our community leaders, especially those who organize and sponsor meetings like the American Jewish Summit, to join us in this work. Stop choosing animosity. Choose instead to interrupt it. The safety of our children and grandchildren depends on whether we continue to build higher walls, or commit to building resilient bridges.

The post A Jewish audience applauded when this speaker called for Muslims to leave America. Here’s a better response. appeared first on The Forward.

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