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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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Trump’s messy new deal with Saudi Arabia shows how far Israel has fallen

The American decision to sign a deal granting Saudi Arabia a pathway toward a civilian nuclear program is a terrible development for Israel — not just because Riyadh could one day turn nuclear infrastructure developed with the United States into a weapons capability.

The agreement reflects the collapse of Israeli strategy under Prime Minister Benjamin Netanyahu since the Hamas attack of Oct. 7, 2023; the erosion of Israel’s influence in the U.S.; and Israel’s descent toward the status of a pariah state.

A day after the deal was announced, Trump — seemingly rattled by the flood of criticism that ensued — said it was dependent on Saudi Arabia joining the Abraham Accords. But he did not clarify what aspect of the Accords he meant; there’s no indication that such a requirement is included in the already-signed deal; and Riyadh has made clear that it will do no such thing until there is concrete progress toward a Palestinian state, which is a fantastical notion under the current Israeli government.

For years, nuclear cooperation represented one of Washington’s greatest sources of leverage over Saudi Arabia. It was long believed that prospect would be used to anchor some kind of pact involving normalization with Israel, binding nuclear safeguards, a regional defense architecture and a united front against Iran. Under such an arrangement, Israel would have established formal relations with the Arab world’s most influential power, and gained both a central role in a new regional security system and enforceable Saudi commitments against pursuit of nuclear weapons.

Washington has now at least begun giving Riyadh the prize — no matter what Trump says, amending the deal post-facto will be at best extraordinarily difficult — without Israel receiving any of the benefits.

That dire truth is the outcome of nearly three years in which Israel has confused military brilliance with strategy, and abandoned almost all public diplomacy as its status in the world plummeted.

No one can deny the extraordinary capabilities displayed by Israel’s armed forces and intelligence services since the Oct. 7 massacre. Hezbollah absorbed devastating blows. Iranian military assets suffered setbacks. Hamas lost thousands of fighters and much of its military infrastructure.

But a sense of true strategy is needed to convert military achievement to political outcomes. Strategy can strengthen alliances, expand legitimacy and leave a country in a stronger geopolitical position than the one in which it entered a conflict.

That seems to be completely beyond Netanyahu’s ability.

In the months immediately following Oct. 7, Israel possessed something extraordinarily rare: overwhelming international legitimacy. Hamas had committed an atrocity that horrified much of the democratic world. Moderate Arab governments viewed Hamas as a dangerous extension of the same Islamist forces that threatened their own stability. Former President Joe Biden’s administration recognized that extraordinary alignment, and sought to build upon it, working toward an ambitious regional framework.

In the early months of war, Hamas faced near-unanimous global pressure to hand over Gaza to a reformed Palestinian Authority, backed by moderate Arab governments. Arab states appeared ready to help marginalize Hamas politically and financially, and make life uncomfortable for its leaders.

For a moment, it was easy to see a path forward in which Saudi Arabia would normalize relations with Israel, with other countries following. A U.S.-led regional alliance facing Iran might integrate Israel into the Middle East more deeply than was ever previously imaginable.

That framework offered Israel the chance to translate the trauma of Oct. 7 into a strategic transformation of the region. Instead, Netanyahu chose an open-ended war whose nebulously defined goals were not achievable by military means alone, amid a reasonable and growing suspicion in the public and around the world that he was doing so to preserve his hold on power.

Every few weeks Israelis heard that Hamas stood on the verge of collapse. Each extension of the war was presented as the last before “complete victory” — which Netanyahu kept claiming was “a step” away. Victory remained perpetually on the horizon as Israel’s international standing collapsed.

Now, Netanyahu is wanted at the Hague. Diplomatic isolation has deepened and economic pressure mounted as boycott movements — including many informal ones — expanded.

And critically, American public opinion has shifted sharply, particularly among younger Americans, threatening the bipartisan foundation upon which Israel’s relationship with Washington has rested for generations.

Recent credible polls show that more Americans now sympathize with Palestinians than with Israelis.

Israelis think this happened because of a propaganda campaign against them on social media, because of antisemitism in Europe, or because of hostile journalists. That is partly true but mostly wrong. These shifts are mostly a result of the posture of the Israeli government.

The reality is that Israel killed tens of thousands of Palestinian civilians, accepted that toll with remarkably little public reflection or regret, and relied on the trauma of Oct. 7 to justify it. Around the world, that proved politically devastating. It is especially absurd considering that Israel paid this extraordinary price without achieving its central objective of removing Hamas from Gaza — which was foreseeable and infuriating.

Things might change if the opposition comes to power in October. The idiotic demonization of the Palestinian Authority might end. Jewish terrorism in the West Bank might be stamped out. Settlement construction beyond the fence line, and certainly illegal outposts, might stop.

Israel might again at least be trying to find a solution to the festering Palestinian issue — or at least prefer to lower the flames. That might, in the long term, bring Saudi Arabia back to the table.

But the U.S, has stopped waiting. That the Saudi deal was signed at all, no matter what Trump says now, suggests that Washington is now basically indifferent to the loss of leverage for a deal favoring Israel.

How to resolve the muddle Trump has made? The key: the agreement appears to not include the possibility of enrichment on Saudi soil, but just general assistance to create a program for nuclear energy. So Trump will be able to say that enrichment must await Saudi normalization with Israel. But Saudi Arabia will still be able to claim the symbolic victory of entering into nuclear collaboration with the U.S.

And so, the regional architecture envisioned in the first months after Oct. 7 has vanished because of the forever-wars Netanyahu has pursued — which also resulted in the deaths of dozens of hostages and more than 1,000 soldiers, badly damaged Israel’s economy, and left the country’s international standing in shambles.

And the strategic alliance between Israel and the U.S. — without which Israel’s very existence will be in danger — is falling apart in front of our eyes, not because of Trump but because we are losing the American people.

This is what you get when you are all brawn and no brain, and all tactics and no strategy.

That realization should define Israel’s coming election far more even than arguments over judicial reform or the Haredi draft. Those who have led Israel into this disaster deserve to be punished. Not just removed from power, but decisively repudiated. They have become a danger to the Zionist project itself.

The post Trump’s messy new deal with Saudi Arabia shows how far Israel has fallen appeared first on The Forward.

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Harvard students have questions after Hillel withdraws its brief against Trump

Jewish Harvard students are still trying to make sense of a baffling turn of events, after Hillel International weighed in on the university’s lawsuit against the Trump administration seeking restoration of federal funding withheld over alleged campus antisemitism — and then just as suddenly withdrew its brief from the U.S. Court of Appeals for the First Circuit.

Hillel International had filed an amicus brief Wednesday supporting Harvard’s suit against the federal government, which seeks to restore roughly $2.7 billion in federal research funding. In its brief, Hillel International acknowledged that antisemitism is an issue at Harvard and other universities, but that “campus life for Jewish students has meaningfully improved” following actions taken by the school.

Less than 24 hours later, Hillel International confirmed that it was withdrawing the brief, citing an error in its internal review process, according to the student newspaper, the Harvard Crimson.

What’s more, Hillel International filed the brief without the knowledge of Harvard Hillel, a campus organization that operates independently, the paper reported.

Hillel’s reversal followed sharp criticism of the brief on social media from some Jewish public figures. Among them was Shabbos Kestenbaum, a Harvard Divinity School graduate who filed a Title VI lawsuit against the university for ignoring antisemitism. He wrote on X that he was “shocked” by the decision.

“Rather than take responsibility for their failure to respond to the explosion of antisemitism on American campuses post October 7th, Hillel has instead decided to support the perpetrators,” Kestenbaum wrote. He encouraged donors to stop giving to Hillel and choose organizations like Chabad or Jewish day schools instead.

Kestenbaum told the Harvard Crimson that Hillel International President Adam Lehman had not seen the brief before the organization filed it. Hillel International did not respond to an inquiry from the Forward to confirm this.

Hillel’s withdrawal of the brief disappointed Tova Kaplan, a recent graduate who testified at a U.S. Commission on Civil Rights hearing on campus antisemitism. The brief cited her testimony.

“While I’m not sure what factors led to this decision, it feels like a prioritization of politics over Jewish students,” Kaplan wrote in a statement to the Forward.

“The Trump administration’s attacks aren’t even designed to help Jewish students — instead, they’re designed to instrumentalize our voices and pain to achieve their own political goals,” she wrote.

Siding with Harvard along with numerous other groups, including civil liberties organizations across the ideological spectrum and 18 other American universities, the withdrawn brief argued that cutting research funding is not a productive way to halt university antisemitism. Harvard’s improvement measures, following recommendations from its own Task Force on Combating Antisemitism and Anti-Israel Bias, have been more effective than what the brief called the “draconian one-size-fits-all approaches of the sort the government here pursues.”

These measures, the withdrawn brief said,  “do not help Jewish students or improve the campus climate” but instead, “they disproportionately impact the very Jewish students and Jewish researchers the government purportedly seeks to help.”

But another recent graduate who said he did not want to be identified, sees Hillel’s opposition to the Trump administration’s actions as taking the wrong side of the fight. He believes the federal defunding of Harvard pushes the university to protect Jewish students.

“I think a major reason Harvard’s been making changes is because they’re under threat,” he said.

He also contends Hillel International’s evidence to back its claim that Harvard’s efforts have improved antisemitism are weak — lacking measurable results.

Dani Kobrick, a rising senior, said she is perplexed by Hillel International’s actions.

“I don’t think Hillel needed to submit anything to begin with,” she said. “But I do think that withdrawing it makes a very big statement.”

The post Harvard students have questions after Hillel withdraws its brief against Trump appeared first on The Forward.

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A Jerusalem cafe became a symbol of secular defiance — until Israelis learned it was run by Jews for Jesus

(JTA) — JERUSALEM — Jerusalem’s premier soccer team made an unusual announcement last week: It would give a new cafe free advertising on players’ uniforms for the coming season.

Cafe Basimta was facing harassment from haredi Orthodox protesters who wanted it to close on Shabbat, and Hapoel Jerusalem said it wanted to send the message that Jerusalem is “an open and diverse city, where there is room for everyone.”

But on Tuesday, Hapoel Jerusalem reversed course and retracted the offer, after learning via an inquiry from the Jewish Telegraphic Agency that Cafe Basimta is an official project of Jews for Jesus.

“Our original intention was simply to support a small business that was being denied its freedom of operation, and we still believe in that principle,” club spokesperson Matan Avrina told JTA. “However, we also realized that this specific story is more complex than we initially knew.”

For the secular Israelis who have flocked to Cafe Basimta in response to the protests, too, the revelation of the cafe’s ties to a Christian missionary organization is complicating what had seemed like a simple skirmish in the city’s culture war over businesses open on the Jewish day of rest.

“I don’t know if it changes my desire to drink their coffee, but it definitely complicates things,” Gabriel, an American studying in Jerusalem for the year, told JTA on Saturday from the cafe’s long line after learning about the Jews for Jesus connection, as protesters yelled. “It’s one layer deeper than I thought.”

Others say the cafe’s Christian character is irrelevant to their defense of Cafe Basimta.

“I understand they hate Jews for Jesus, and I understand what they hate them for,” said Jerusalem’s deputy mayor Adir Schwartz, who is a prominent defender of the city’s secular sector, in an interview. “My father was a rabbi abroad, and I get that they feel they are protecting Jewish continuity.But this is about belonging in our shared city.”

Yoel Ben David, the cafe’s operator as well as Jews for Jesus’ top official in Jerusalem, says the twin culture wars have been good for business.

“Even though financially, it’s great, me and the staff, we don’t love it,” he told JTA from his cafe on Saturday. “We’d all love it to just chill out.”

At first, the tensions over Cafe Basimta seemed straightforward: In a city where 46% of Jews are haredi, or ultra-Orthodox, and only 13% identify as secular, the inverse of Israel as a whole, here was a rare cafe willing to flout religious authorities and open on Shabbat. A handful of such cafes dot the city, but others have given up on Shabbat hours in the past over pressure from religious authorities.

Cafe Basimta, which means “cafe in the alley,” opened at the end of May in the Nahlaot neighborhood of central Jerusalem. The name refers to the neighborhood’s 19th century stone dwellings toppling into one another along tiny streets. Decades ago a center of the city’s bohemian culture, Nahlaot is now increasingly haredi and there are few if any establishments open on Shabbat.

On July 4, the first Saturday it drew protesters, dozens of haredi demonstrators, many of them reportedly minors, descended on the cafe in four separate waves, surrounding it, banging on its windows and overturning tables, according to cafe staff and footage circulated online.

At the time, the cafe’s ties to Jews for Jesus were not public. That changed in early July, when Or LeAchim, a haredi anti-missionary organization that helps Jews leave missionary groups and cults, exposed the connections and began organizing protests against Cafe Basimta.

The group has placed pashkevils, or public billboards, denouncing the cafe in the neighborhood. “The missionary-messianic influence operates all the more forcefully by winning over hearts through food and drink,” the placards say in Hebrew. “And as if that were not enough, they added sin upon crime and began operating the place on the holy Sabbath, with disgraceful Sabbath desecration in the heart of the holy city.”

The revelations surprised and deterred some who had been inclined to support the cafe. But they did not change the tenor of the demonstrations, which remain focused on Basimta’s Shabbat operations.

“People went to demonstrate because it was open on Shabbos. They did not know that it was a missionary place. The demonstration was not useful for us,” said Binyamin Klugger, who works with Or LeAchim as well as other anti-missionary groups, and who was concerned the aggression of the Haredi protesters would undercut his message about the cafe’s evangelizing mission. “People that continue to demonstrate are really not knowing that it is a missionary place,” he said,

During Saturday’s demonstration, cries of “Shabbos!” echoed off the stone alleyways as the line of Israelis waiting for cold coffees stretched into the courtyard.

Israeli police stepped in to cordon off the protesters, preventing them from approaching the cafe. Some secular Israelis yelled back, with a handful at one point breaking into “Shalom Aleichem,” the hymn traditionally sung at the Shabbat table.

Residents stared down at the altercations from their balconies, the screams shattering an otherwise quiet Shabbat morning. Yael Levy, who moved to Israel from California and lives in the building directly beside Cafe Basimta, was handing out cookies to build goodwill.

“It’s very sad, especially during the Three Weeks,” she said, referring to the mourning period between the 17th of Tammuz and Tisha B’Av, when Jews commemorate the destruction of both Temples, a destruction rabbinic tradition attributes to baseless hatred among Jews. “This is just bad energy during a time that calls for positive energy.”

Outside, a long line of coffee fiends waited their turn to choose from an extensive drinks menu, as Ben David greeted customers and monitored the demonstration.

There were no visible signs of the cafe’s affiliation with Jews for Jesus. But Ben David confirmed that the organization owns the building and the cafe, which joins a growing network of similar outposts across the country. He said he is aiming to strike a balance between missionary work and just offering a pleasant place to work or meet.

“Everyone accuses us of that,” Ben David said about proselytizing. “The Jesus goal is not completely out, but it’s not front and center.”

Jews for Jesus is a flagship organization of the diffuse movement of Messianic Judaism, which believes in the divinity of Jesus while claiming to practice Judaism — an overlap that no denomination across the Jewish world accepts as compatible. While hard numbers about how many Israelis hold Messianic beliefs are scarce, both Messianic leaders and their critics believe the number is growing. Last year, one of the two Israeli embassy workers killed in an attack outside the Capital Jewish Museum in Washington, D.C., came from an Israeli Messianic family.

In 2024, Jews for Jesus appointed a member with an Israeli background as its CEO for the first time, and the Israeli branch of the global organization took in roughly $6 million in revenue that year, supporting a local staff of 60. On its website, it solicits donations for its Israel work, including, in one December 2025 appeal, $225,000 to launch a coffee shop and ministry center in Haifa, which it called a “welcoming space where Israelis can encounter the hope of Yeshua,” the Hebrew name for Jesus.

Ben David has worked with Jews for Jesus for more than two decades. He was born in Israel and came to believe in the divinity of Jesus as a young adult, together with his wife, around the time of his stint in the army, where he served as an Orthodox rabbi. He has a master’s degree from a Messianic seminary and once helmed training for missionary staff in Israel, according to Jews for Jesus’ website, which says he “now leads our work in Jerusalem, bringing the gospel back to the city where he first believed.”

Missionary activity is not illegal in Israel, with the exception of proselytizing to minors without their parents’ consent and offering religious conversions in exchange for a material gift. But many Israelis believe that it is, in a reflection of the deep cultural norms in Jewish communities.

Or LeAchim says it is planning a future protest that will focus more squarely on Cafe Basimta’s missionary ambitions.

“We are planning to hold a massive protest there soon — involving thousands of people — on a weekday,” said Rabbi Binyamin Vulcan, the group’s head of counter-missionary activities. “In the meantime, we are trying to get the place shut down through the municipality.”

Ben David said Jews for Jesus, anticipating such a response, bought Basimta’s building instead of renting it from a landlord who could be susceptible to a pressure campaign. At the same time, he insisted he didn’t understand the uproar.

“If Jesus is the Jewish Messiah,” Ben David said, “what could be more Jewish than believing in Jesus?” As for the missionary label, he insists the cafe is about more than just theology: “We don’t put crosses in our espresso,” he said.

Klugger said he is mystified about why the same secular Jerusalemites who are uncomfortable with the growing haredi character of the city are willing to buy coffee from someone who wants them to stop being Jewish altogether.

“If you don’t want haredim influencing your children,” he said, “you also can’t want missionaries influencing your children.”

Some Shabbat customers, meanwhile, say they have heard the warnings and aren’t swayed — for them, who owns the cafe is beside the point.

“I’m not going to convert because of the coffee, unless it’s really good coffee, then maybe,” said Lior Stern, who drove from the Tel Aviv area to support the cafe after hearing about the protests. “It could be Buddhist, it could be Muslim, it could be Jewish, it could be Christian. That’s not the point. The point is freedom.”

This article originally appeared on JTA.org.

The post A Jerusalem cafe became a symbol of secular defiance — until Israelis learned it was run by Jews for Jesus appeared first on The Forward.

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