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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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JD Vance refuses to disavow Tucker Carlson
(JTA) — Vice President JD Vance acknowledged that he has “political disagreements” with Tucker Carlson, the former Fox News personality who has spread antisemitic conspiracy theories and sparked a rift within the Republican Party.
But that won’t impact their friendship, Vance said during a press conference on Thursday at the White House.
“Everybody knows that Tucker Carlson and I are friends, and I think it’s very obvious that Tucker has said some things that I disagree with,” Vance said.
He pointed to Carlson’s criticisms of Vance’s boss, President Donald Trump, as well as Carlson’s suggestion that he would rather Democratic progressive Abdul El-Sayed win Michigan’s U.S. Senate seat than Republican Mike Rogers, as examples of where they disagree.
“Tucker is a friend despite the fact that we disagree on a number of things. And I’m not going to play the game where I throw friends under the bus because I have political disagreements with them,” Vance said.
Vance’s refusal to disavow Carlson comes days after he appeared in a closed-doors session in Las Vegas before hundreds of Republican Jewish Coalition members, some of whom have indicated that they would prefer Secretary of State Marco Rubio to Vance as Trump’s successor in 2028.
His RJC appearance started and ended with standing ovations for the vice president, and he spoke about the importance of the U.S.-Israel relationship and denounced antisemitism during the 35-minute conversation. He angered a number of attendees and Jewish conservatives, however, when he sidestepped a question about Carlson and other controversial right-wing podcasters.
On Thursday, a reporter asked Vance about “those who are uneasy” with his close relationship to Carlson and believe that he is avoiding addressing questions about it.
“I’m not avoiding anything,” Vance countered.
After declining to distance himself from Carlson, Vance said that his refusal to do so should be a model for how other Americans engage in discourse across lines of disagreement.
“If you have a disagreement with someone politically — even over a deeply held issue — you should still be friends with that person, because the whole republic depends on people of different perspectives being able to talk to one another,” Vance said.
This article originally appeared on JTA.org.
The post JD Vance refuses to disavow Tucker Carlson appeared first on The Forward.
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Jerusalem cafe bows to Haredi protests, will no longer open on Shabbat
(JTA) — Cafe Basimta, the Jerusalem coffee shop that became a flashpoint in the city’s long-running dispute over Shabbat observance, will stop opening on Saturdays beginning this weekend after two months of weekly ultra-Orthodox protests.
The cafe said Thursday that the decision was made “after prolonged deliberation and with a heavy heart,” out of a desire to lower tensions and restore calm.
Eli Birnbaum, CEO of the messianic group Jews for Jesus, which runs the cafe, called the move a “difficult and painful decision” in the statement, saying it stemmed from a responsibility to its customers, its faith and Israeli society.
“Over the past few months, the cafe has become a focal point of friction and danger, a reality that contradicts our identity as Jews who believe in Jesus and our belief in loving others, respect and bringing people closer together, even with those who oppose us,” Birnbaum said.
He thanked Israel Police, the Jerusalem municipality and those who had come to support the cafe during the protests. “We now want to return Cafe Basimta to what it was intended to be: a calm, pleasant and open place for coffee, culture and dialogue.”
The decision marks a reversal for Cafe Basimta and its operator, Yoel Ben David, who said after the first protest on July 4 that the business would continue opening on weekends despite pressure from demonstrators. By late July, Ben David told the Jewish Telegraphic Agency that the protests had actually helped business financially, but added: “Me and the staff, we don’t love it. We’d all love it to just chill out.”
Basimta opened earlier this summer in Jerusalem’s central Nahlaot neighborhood, near the Mahane Yehuda market. It later emerged that the cafe was operated by Jews for Jesus, a missionary organization whose members identify as Jews who believe Jesus is the Messiah.
The demonstrations began July 4 and continued for nine consecutive Saturdays through Aug. 29. At the first protest, dozens of ultra-Orthodox demonstrators, many of them minors, surrounded the cafe, banged on its windows and overturned tables, according to staff and video from the scene.
Later protests saw demonstrators break through police barricades and try to approach the cafe, while a bag containing feces was thrown at its entrance on another weekend. In August, a woman was accused of putting glue in the front-door lock, delaying the cafe’s opening.
Supporters meanwhile began turning up each Saturday to patronize the cafe, at times forming long lines outside, while police deployed officers and barricades to separate the two sides. Politicians including Yisrael Beytenu Chairman and former Defense Minister Avigdor Liberman and Democrats Chairman Yair Golan, a former IDF deputy chief of staff, also visited or backed supporters of the cafe.
Golan denounced Thursday’s decision as the result of “haredi terror,” saying weeks of violence, demonstrations and threats had ultimately forced the cafe to give in. Liberman said the closure showed growing religious coercion, writing on X that in “Israel 2026,” drinking coffee on Shabbat was forbidden while “hating, attacking and rioting on Shabbat was permitted.”
Jerusalem Deputy Mayor Adir Schwartz, who heads the pluralist Hitorerut municipal faction, also criticized the closure. Hitorerut said it was examining ways to operate a cafe on Saturdays in response to Basimta’s closure.
A spokesperson for Jews for Jesus told JTA that any such initiative was unrelated to Basimta or the organization.
Basimta’s ties to Jews for Jesus have also prompted a separate campaign against the cafe by anti-missionary activists. Rabbi Binyamin Vulcan, who heads the counter-missionary activities of Or LeAchim, told JTA in July that the organization was planning a weekday demonstration focused specifically on the cafe’s connection to Jews for Jesus and was seeking to have it closed through municipal channels.
This article originally appeared on JTA.org.
The post Jerusalem cafe bows to Haredi protests, will no longer open on Shabbat appeared first on The Forward.
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Spain’s Jewish federation reports over 200 antisemitic incidents in 2025
(JTA) —
MADRID — Spain’s Jewish umbrella organization and a watchdog group have reported that antisemitic incidents rose 14.5% in 2025, warning that hatred was being “normalized.”
The Federation of Jewish Communities of Spain (FCJE) recorded 221 antisemitic incidents in Spain last year, up from 193 in 2024, in a report released Wednesday together with the Movement Against Intolerance (MCI), a Spanish human rights group. Spain is home to an estimated 40,000 to 70,000 Jews.
The trend matches an increase in hate incidents documented by the Spanish government. Spain’s Interior Ministry said in June that Jews were targeted in 69 hate crimes and incidents in 2025, jumping from 37 in 2024. Data from the Interior Ministry reflects crimes that are formally reported or detected by police, while the FCJE monitors incidents collected from community members, social media and other sources.
The new report came from the Observatory of Antisemitism, a joint initiative by the FCJE and the MCI to track antisemitism since Hamas’s attacks on Israel on Oct. 7, 2023, and Israel’s ensuing assault in Gaza. The initiative has followed incidents such as the vandalism of Holocaust memorials with swastikas, the desecration of Jewish graves and the individual targeting of Jews, including a group of French tourists who were harassed and spat on in July while leaving a synagogue in Barcelona.
“Since October 7, 2023, Spanish Jews have had to go to our gathering places with special security measures,” FCJE president David Obadía said in a statement. “Our children are the only ones who go to school with a police presence, and insults and discrimination are part of our reality practically every day.”
María Royo, a spokesperson for the FCJE, blamed “campaigns against Israel” for the rise in antisemitic incidents. She told the Jewish Telegraphic Agency that some groups, saying Israel has committed genocide in Gaza, also “blame all Jews.”
“The security forces are doing everything within their power, but the government, politicians, media and opinion leaders could be much more rigorous and careful to prevent this situation,” said Royo.
Spanish Prime Minister Pedro Sánchez is among Europe’s most vocal critics of Israel, which he says has committed genocide. The Israeli government has repeatedly said the Spanish government is antisemitic, an accusation that Spain strongly rejects.
Esteban Ibarra, the president of the MCI, said in a statement that antisemitism should be distinguished from debates about Israel.
“Antisemitism is not an opinion or a political disagreement: it is a form of hatred and discrimination against Jews,” said Ibarra. “When it is tolerated, normalized or minimized, coexistence deteriorates and democracy is weakened.”
This article originally appeared on JTA.org.
The post Spain’s Jewish federation reports over 200 antisemitic incidents in 2025 appeared first on The Forward.
