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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Democratic socialists scored big primary wins. But that’s not the whole story.

(JTA) — A string of U.S. House primary successes for democratic socialists, most of whom are sharp Israel critics, was hailed as a major shift in party politics over the course of the summer. But now that the primaries have concluded, a full picture of the results shows that the group’s victories were concentrated in House races in the deepest-blue districts, while few politicians have scored wins in Senate races.

During the primary season, candidates backed by the Democratic Socialists of America won seven out of the 25 U.S. House primaries in which they competed, securing two wins in Michigan, one in Colorado, three in New York and one in Pennsylvania, according to the DSA’s vote tracker. However, these wins have all occurred in Democratic strongholds: New York City, Detroit, Denver and Philadelphia.

“It’s a little bit dangerous to overinterpret a handful of elections compared to all the others,” Elaine Kamarck, a senior fellow in governance at the Brookings Institution, told the Jewish Telegraphic Agency. “Calling the DSA the new big kid on the block is a little bit premature.”

In addition to the seven DSA primary winners, another DSA candidate who ran in a California nonpartisan primary advanced to a U.S. House runoff against a Democratic incumbent in November. Two additional democratic socialists, from Kansas and New Hampshire, withdrew before their respective House primaries.

Of the DSA’s 18 House primary losses, seven occurred in deep-blue areas – demonstrating that even in the country’s most progressive pockets, democratic socialists often weren’t popular. These defeats notably included one in St. Louis, where incumbent Wesley Bell trounced DSA firebrand and anti-AIPAC crusader Cori Bush.

Granted, the DSA victories are still unprecedented in a country where socialism has long been anathema. The candidates might have only succeeded in deeply Democratic districts – but that means they are all but assured victory on Election Day. Taken together, they’ll constitute a larger contingent in Congress than ever before.

Many of the DSA candidates made Israel and its supporters central issues during their campaigns, and there’s little doubt that their presence will tilt the Democratic caucus in the Congress further away from Israel.

The DSA’s official stance on Israel includes an end to the country’s “colonization and occupation of all Arab lands,” the “self-determination of the Palestinian people” and the cessation of “U.S. complicity in Israel’s genocide and apartheid.” Although the DSA has won fewer races than it has lost, the victories would more than triple the group’s presence in the U.S. House, with five newcomers in addition to Reps. Rashida Tlaib of Michigan and Alexandria Ocasio-Cortez of New York.

Jeff Robbins, a Boston-based attorney and former Democratic Senate staffer, said that supporters of Israel should be concerned by the wins, even if they don’t constitute a wave.

Robbins, who also served as a delegate to the United Nations Commission on Human Rights under former president Bill Clinton, warned that if anti-Israel DSA politicians keep racking up wins, Democratic strategists will discourage candidates from supporting Israel’s response to Hamas after the Oct. 7 attacks.

Recommending any action to the contrary, he argued, will result in “the quickest campaign you’ve ever seen.”

“It will be over before you can say ‘the Golan Heights’,” Robbins quipped.

And yet, although the media spotlight has shone on the DSA’s standout victories, establishment candidates have secured more wins at the ballot box from a numerical perspective. In addition, democratic socialists have focused more on the House than the Senate, where they would need to appeal to broader statewide electorates to win seats.

One major exception to that rule is Florida DSA member Angie Nixon, who pulled off a stunning primary victory in a state that Trump won by about 13 percentage points in 2024. But she didn’t join the DSA until shortly before the election and she didn’t get its endorsement.

Another DSA Senate candidate, Gregory Levy of Ohio, will be running in the November general election as an Independent.

But the three other staunchly progressive Senate candidates who will be on the Democratic ballot in November – in Maine, Michigan and Minnesota – don’t define themselves as democratic socialists. While many are still highly critical of Israel, they have differences with DSA and are more interested in making sure they appeal to the more politically diverse populations they will face statewide. They face close races where swing voters who don’t identify strongly with either party are likely to make the difference.

For instance, though many of Abdul El-Sayed’s positions are similar to DSA policies, last month he told The Wall Street Journal that he is “not technically or practically DSA” and that he doesn’t oppose capitalism. At the same time, he has earned the support of many democratic socialist politicians, including Vermont independent Sen. Bernie Sanders.

Kamarck observed that Michigan, which has a huge Arab-American population, remains the nerve center of the Democratic Party’s pro-Palestinian movement. Yet although polls forecast a landslide victory for El-Sayed, who sharply criticized Israel throughout his primary campaign, she termed his victory in early August as “a squeaker.”

“It was a one-point race,” she said. “What that says is that this is not finished.”

Haile Soifer, CEO of the Jewish Democratic Council of America, said in a statement at the time that although her group was disappointed in El-Sayed’s victory, his “razor-thin margin isn’t the resounding win for the far-left that was predicted.”

An Economist model issued shortly after El-Sayed’s victory predicted that the Democratic Party’s chances of winning in November fell to 48% following the primary. But a Marist poll published on Wednesday gave El-Sayed a seven-point lead over Republican Mike Rogers, with a 3.8% margin of error.

Meanwhile, post-primary predictions showed that Minnesota’s Peggy Flanagan would secure an easy victory in her blue state’s Senate race. However, a new KSTP/SurveyUSA poll found that her five-point lead over Republican Michele Tafoya had narrowed to a statistical tie. Like many party progressives, Flanagan has accused Israel of committing genocide in Gaza.

As for Maine’s Jackson, the progressive was trailing Republican Sen. Susan Collins, a five-term incumbent, by 3 points, with a 3.1% margin of error, according to an AARP poll released on Thursday.

Nixon in Florida was 11 points behind Republican Sen. Ashley Moody, with a 4% margin of error, a Stetson University from late last month poll found. On the other hand, St. Pete Polls placed the candidates in a dead heat just the week before, giving Moody just a 0.3-point edge, with a 3.2% margin of error.

In a testament to the growing power of the DSA – even in a red state – Moody reportedly told Fox News Radio this week that she is “seeing way-too-close-for comfort polls in many Republican Senate races.”

And in an email blast sent the same day, according to Florida Politics, Moody warned that “the polls have been all over the place.”

“Some have us up. Two have us tied,” she wrote. “We’re in the final stretch, where everything we do, and your support, really matters.”

This article originally appeared on JTA.org.

The post Democratic socialists scored big primary wins. But that’s not the whole story. appeared first on The Forward.

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The two ways to see Oct. 7 – and how they’ll influence the Israeli election

There are two ways to look at the Oct. 7 attacks, and which way you do will determine, to a large degree, whether you want to see Israeli Prime Minister Benjamin Netanyahu survive the next election.

The first view is that Oct. 7 proved the Israeli-Palestinian conflict cannot be solved. The second is that it proved the conflict cannot be allowed to remain unresolved.

These conclusions point in almost opposite directions, yet both begin with something Israelis learned, or thought they learned, from the same horrific day. One says there is no point trying to mollify the Palestinians, because hatred of Israel runs too deep. The other says that leaving millions of Palestinians indefinitely in their current condition will produce catastrophe again and again. The tragedy is that Oct. 7 supplied powerful evidence for both.

The first view is not without foundation. Even to Israelis (and people across the world) who have long sought a peaceful accommodation, it was shocking to see the sheer joy of the Hamas terrorists as they butchered families while filming their own barbarism, calling parents to brag, then dragging innocents into Gaza where crowds wildly cheered.

But the real shock was the support for this in the West Bank and Gaza – polls showed two-thirds to three-quarters of Palestinians approved –  suggesting coexistence is impossible. Rarely have polls been more devastating. As a result, many Israelis lost sympathy for Palestinians and concluded that a cleansing inferno is required. The brutal war that followed certainly reflected that.

The second way to see Oct. 7 is that the Palestinian issue cannot be ignored – that the situation of the Palestinians was so unacceptable that something terrible was bound to happen. Many Israelis have trouble accepting this, because it does not really explain Hamas, which would fight Israel in any case, even if it were led by a far-left government willing to hand over to it every inch of the West Bank and Gaza and divide Jerusalem. But it might explain why so many Palestinians – even ones not in denial about the facts – were prepared to support it.

This view also offers at least one reason why the propaganda war waged by Hamas and its supporters has been so successful. There are others – including antisemitism and an outright denial of Israel’s right to exist . But the fundamentally unacceptable situation of the Palestinians is a big one, to be sure.

The combination of these factors yielded stunning results and contributed to an unfair vilification of the country that continues to frustrate Israeli voters.

By Oct. 9, before Israel had even identified all its dead or invaded Gaza, accusations of “genocide” were already circulating online, then among activists, NGOs, academics and eventually governments. By Oct. 13, protests denouncing “genocide” took place in London. On Oct 17, the Qatar-based Arab Center for Research & Policy Studies held a symposium called “The War on Gaza: Palestinian Defiance and Resistance against Orchestrated Genocide and Expulsion.”

Within weeks, South Africa accused Israel of “genocide” at the International Court of Justice in The Hague, invoking the “crime of crimes,” a term most associated with the Holocaust, the Armenian Genocide and Rwanda. “This libel is powered by a relentless campaign of indictment that engraves a lie into collective memory,” says Adam Fisher, one of Israel’s top venture capitalists, who has researched the propaganda campaign in detail.

When Israel’s military entered Gaza, it faced an enemy that had deliberately embedded weapons caches, command centers and rocket launchers in homes and crowded neighborhoods, including hospitals, schools, mosques and UN sites. Hamas fighters vanished into tunnels beneath civilian areas, turning every dead child, collapsed building and grieving parent into material for a global indictment of Israel on social media. The strategy was clear: maximize civilian suffering, isolate Israel internationally, weaken American Jewish support and ultimately erode U.S. backing.

The implication is that Oct. 7 was a response to Palestinian suffering. The suffering is real, but Hamas was never defending Palestinians. The Iran-backed jihadist group has long sought to destroy Israel rather than establish a Palestinian state, and its campaign of terrorism after the 1993 Oslo Accords helped destroy the peace process by driving Israelis to the right.

Still, none of this makes the pre-Oct. 7 reality acceptable. In the West Bank, three million Palestinians live alongside some 500,000 Jewish settlers without equal rights, largely under military occupation, while extremist settlers have increasingly engaged in violence with the government and military often looking the other way. In Gaza, more than two million Palestinians endured a devastating Israeli-Egyptian blockade because Hamas ruled the Strip. It failed to prevent Hamas from arming itself while making civilian life miserable.

On Al Jazeera recently I was placed opposite a young Gazan named Ahmed Abo Askar, introduced as a humanitarian activist and engineering student. He said he had gone three days without eating, and looked like it. He hoped an aid flotilla might get through and then smuggle out his ailing father.

I tried to put things in perspective, explaining about Hamas and the need to be rid of it. Ahmed answered emotionally: “Israel, not Hamas, they are the ones who killed my sister, killed their children and their entire family on 6 November 2023. Not all of Palestinian people are Hamas. The goods, why it’s not entering? ‘It’s because of Hamas.’ We are not Hamas. We are human in the end.”

Everything I said was true – but he won the argument anyway, because he was a decent person suffering. No history lesson trumps that.

The insane situation has traumatized Palestinians and Israelis in parallel ways. The Palestinians – who are rooted in a conservative society disinclined to compromise – have been made, in large numbers, desperate enough to support a nihilistic movement like Hamas, which is truly genocidal against Jews.

As for Israelis, it has made huge numbers of them stop wanting to think seriously about Palestinians except through the lens of security and punishment. Some openly fantasize about expulsion. Empathy is viewed as naïve. Oct. 7 made Israelis a little crazy too – exactly per the plan of Hamas.

So the Israeli opposition — people deeply hostile to Netanyahu and his extremist coalition — is mostly afraid to touch the Palestinian issue at all in the campaign ahead of the Oct. 27 election, preferring to focus on Netanyahu’s epic domestic failures. Politically, the calculation is correct.

That is where the two interpretations of Oct. 7 attach themselves to the choice Israelis face in this election. Netanyahu has spent much of his career arguing, in practice if not always explicitly, that the Palestinian problem can be managed rather than solved: Contain Gaza, maintain Israeli control of the West Bank, expand settlements, periodically use overwhelming force and resist international pressure for Palestinian statehood.

If the lesson of Oct. 7 is that Palestinian hostility is essentially immutable and territorial compromise merely brings the enemy closer, then Netanyahu’s basic worldview survives despite his catastrophic failure on Oct. 7. The answer is deterrence and permanent Israeli security control — not another attempt at political reconciliation.

Gadi Eisenkot, the main challenger on the center-left, is more complicated. He is hardly offering Israelis a new Oslo: He has explicitly rejected a Palestinian state in the near- or medium-term and says the old two-state formula is unrealistic after Oct. 7. But he has also opposed more West Bank settlements and other measures that would make eventual territorial separation impossible.And he has long warned against Israel sliding into a binational state.

The implication is less a peace plan than a direction: Preserve the possibility of separating Israelis and Palestinians, change the conditions that perpetuate the conflict, and leave open a political horizon even if nobody can presently say exactly when it nears and how it ends. In that sense, the choice is not between Netanyahu and a dove. It is between continuing to manage an apparently permanent conflict and a government that might at least begin trying to move toward a possible peace.

But if Israelis conclude that Palestinians only understand force – which, by the way, Hamas clearly doesn’t – we’re guaranteeing a death spiral. Such a problem left to fester, without any attempt to change the dynamic, will blow up again and again. So after the election, if Netanyahu and his destructive right wing coalition are mercifully gone, this will need to be addressed in new and creative ways.

Both views of Oct. 7 rest on a foundation of facts. The invasion and massacre – and the widespread support for it among Palestinians – simultaneously dismantled both the Israeli left’s confidence in Palestinian intentions, and the Israeli right’s belief that the Palestinian problem could be indefinitely managed.

But it also proved that distrust is not a policy. Israel can build fences, destroy armies, assassinate commanders and punish those who attack it. What it cannot do is make millions of Palestinians disappear. If there is no political answer to that reality, eventually there will be another violent one.

The post The two ways to see Oct. 7 – and how they’ll influence the Israeli election appeared first on The Forward.

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Country star Zach Bryan dons ‘Free Palestine’ shirt at Gillette Stadium

(JTA) — Zach Bryan, one of the world’s most popular country artists, appeared onstage wearing a shirt that read “Free Palestine” on Saturday night at Gillette Stadium outside Boston.

The venue was at the center of the dispute between stadium owner Robert Kraft and rapper Macklemore, who was blocked from performing there after Kraft objected to statements and imagery from an earlier stop on the tour and a “broader history” that Kraft characterized as antisemitic.

Representatives for Bryan and Kraft did not respond to requests for comment.

Bryan, whose biggest hits include “Something in the Orange” and his Kacey Musgraves duet, “I Remember Everything,” broke a stadium attendance record with 73,538 people on hand, the stadium said in an X post.

Kraft, the billionaire owner of the New England Patriots, helped lead an effort by stadium owners to block Macklemore from performing at their venues as Ed Sheeran’s opening act. Sheeran tried to distance himself from the venue owners’ actions, but his backup band and other acts subsequently withdrew from the tour.

This article originally appeared on JTA.org.

The post Country star Zach Bryan dons ‘Free Palestine’ shirt at Gillette Stadium appeared first on The Forward.

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