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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 definitive Oct. 7 book was written — and sketched — before the attack
As Salomé Parent-Rachdi and Zac Deloupy worked on the drawings for a book about Israeli-Palestinian romance, they had no way of knowing the world they were depicting was on the brink of collapse.
The day they finished their pencil sketches, we learn in the book’s introduction, was Oct. 6, 2023. The next day, Hamas invaded Israel, killing about 1,200 and taking another 251 hostage. By the time the book was published in April 2024, Israel was locked in a multi-front war that still hasn’t quite settled.
That context — a looming attack, a forever war that has not yet begun — colors every panel of Love and Desire in the Promised Land: The Private Lives of Israelis and Palestinians, a French graphic nonfiction book whose English translation was released this summer. Reading the book feels like opening a time capsule that had been buried in the distant past: Even as it reminds you how bad the Israeli-Palestinian conflict was before Oct. 7, it leaves you wishing desperately you could restore things to how they were.
The book follows Parent-Rachdi, a French journalist, as she travels across Israel and the Palestinian territories to interview 16 subjects about their love lives. She talks to a mix of singles and couples, straight and gay, in Israel, West Bank and Gaza. (That’s one giveaway this book couldn’t have been made today: No journalist has been permitted to enter Gaza unaccompanied since Oct. 7.)
A few tell of dating across Palestinian-Israeli lines. Lana, an Arab Israeli, finds herself in a situationship with a right-wing Israeli — and ends up marrying him. Samira, an Arab Israeli woman, tells us about her Israeli ex, whose enlistment during the 2014 Gaza war — when they are living together — brings the unspoken tension in their relationship out into the open. And we learn the complex family dynamics of a celebrity Muslim-Jewish couple: Fauda star Tsahi Halevi and his Arab-Israeli wife, TV anchor Lucy Aharish.
The less politically fraught experiences are relayed with the same empathy. Avi, an ex-Hasid, reveals that, despite unbearable teenage horniness, he initially didn’t know how to find porn on the internet due to his insular upbringing. (He searches for “woman in pajamas” instead.) Rami, Parent-Rachdi’s fixer and taxi driver in Gaza, says, as a single man in his thirties, he told people he had erectile dysfunction so they wouldn’t grow suspicious.
In between these revelations are glimpses of life as it was in Israel and the Palestinian territories before Oct. 7. We ride shotgun as Parent-Rachdi navigates checkpoints on her way out of the West Bank and deals with Israeli and Palestinian officials on the way into Gaza. Rami — who did finally marry — says he made sure his son was born in Jordan so that he wouldn’t be trapped in Gaza as an adult. Parent-Rachdi has brought his stepson a remote-control car — the kind of toy Rami can’t buy in Gaza due to the Israeli blockade.
The love stories describe conflict, of course, and they do not uniformly lead to happy endings. (Or for that matter, breakups.) What they consistently show instead is people — as far as we can tell, basically good people — reaching out to each other in a pressure cooker of cultural, religious, sexual and political attitudes.
The stories also betray civilians’ genuine skepticism of their own communities with a frankness that seems unimaginable today. The clearest example of this comes in Gaza, where Mohammed, a closeted Palestinian looking for hookups, tells Parent-Rachdi about Hamas honor killings of gay men and his own brush with death. “They’re more likely to kill you if you’re a bottom,” he says matter-of-factly. Catfished by a Hamas intelligence officer, Mohammed escapes arrest by swearing he’s a virgin and flees to the U.S. a few days later.
Would Mohammed make the same disclosures today, when “What about Hamas?” has become a refrain for anyone defending Israel’s response to Oct. 7? The Gaza he left behind no longer exists. The book’s afterword, written in Feb. 2024, reveals that Rami’s wife’s cosmetics store — lovingly illustrated by Deloupy earlier in the book — was leveled in Israeli airstrikes; the family was now living in a refugee camp in Rafah. “We have gone from a life with all the modern comforts to a reality where we move with a cart, where we buy wood to split and burn in order to cook and take a shower,” he says.
As for Mohammed, his house was destroyed, as were many friendships with Jews and Israelis: “I write to them,” he says in the afterword. “They don’t respond, but they read my message.” As for Hamas, he says, “today, seeing the suffering, somehow I feel like I better understand their resistance.” When the authors checked in with the subjects, several did not respond. By then, some 30,000 Palestinians were dead.
As it reminds us what we’ve lost, Love and Desire in the Promised Land also points the only way toward a shared future: people on all sides defying the forces pulling them apart. It shows us it can be done. Even in the afterword, one of the interviewees, a Modern Orthodox Jew named Jean-Marc, is optimistic: “I am still convinced, even more so now, that we have to work with the Palestinians,” he says. “Our safety depends on it.”
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Christian leaders are racing toward the Rapture. Is Israel really to blame?
End Times Fascism: And the Fight for the Living World
By Naomi Klein and Astra Taylor
Farrar, Straus & Giroux, 384 pages, $32
Judaism is not usually a religion associated with apocalyptic thought. There’s no Jewish version of the Book of Revelation. There is a concept of a Messianic Age, but most observant groups forbid interfering with — encouraging or discouraging — its arrival.
Yet Judaism, or at least Israel, is central to Christian apocalyptic thought. The lines that drive its connection to Israel are well-traced. The Book of Revelation requires Jews to return to the promised land, and a Third Temple to be built for Jesus to return, and so, for years, Christian Zionists like John Hagee, the founder of Christians United for Israel and Mike Huckabee, the current U.S. ambassador to Israel, have encouraged wars in the region, seeing them as part of prophecy.
Hagee and Huckabee have talked in glowing terms of the many lands they believe comprise “greater Israel” all becoming part of the modern nationstate, in fulfillment of biblical requirements for the Rapture. Byron Stinson, another wealthy evangelical leader, has worked to breed and import blemish-free red heifers to Israel, because their ashes are necessary to build the Third Temple that will herald the return of Jesus.
More recently, the Jewish extremists who are also hungry to build a Third Temple have moved from the fringe into the Israeli government. Several times now, Israeli security minister Itamar Ben-Gvir has stalked around the Temple Mount, where Jews are officially forbidden from prayer, and led a large group in prayer, flanked by the police force he heads. Bezalel Smotrich, Israel’s minister of finance, has promised to fund the construction of a Third Temple.
But as powerful as these Jewish leaders are, the Christians are far bigger. CUFI, the group led by Hagee, is the biggest Zionist group in the U.S., far larger than AIPAC.
And yet End Times Fascism, a new book from activists and writers Naomi Klein and Astra Taylor — Klein is known for books like No Logo and Shock Doctrine, where she coined the relevant term “disaster capitalism” — focuses largely on Israel, and the extremists in its government.
The book’s central argument is that accelerationist fanatics believe an apocalyptic future will benefit them — whether in heaven or on earth. And they’re racing toward that future with increasingly fascistic terms.
These apocalyptic futures vary. For Christians, it might be the Rapture, and ultimately heaven. For AI techies, it’s a world ruled by the silicone grip of an all-knowing machine — or at least a world ruled by the superrich and filled with AI-driven propaganda masquerading as the voice of God while it surveils its users. For ethno-nationalists, it’s a homogenous country in which they can live out their nostalgia for an imagined perfect past. End Times Fascism is divided into sections, each taking on one of these groups and its ravenous vision for the end of the world, and how it is leading the world into fascism — through moral policing, surveillance, xenophobia.
But in the section on religious extremism, Israeli extremists get at least as much airtime as the Christians, despite the fact that these end time fanatics have far less global influence and don’t represent the vast majority of Jews.
It is, of course, important to understand the interplay between Christian apocalyptic thought and Judaism, and this is where things can get tangled. Christian Zionists’ desire for the Rapture leads them to support Israel and, sometimes, to display a kind of philosemitism. Ultimately, they are neither true friends to the Jews nor supporters of Israel; Hagee once gave a sermon claiming God sent Hitler as a kind of shepherd to force Jews back to Israel, in alignment with the biblical plan — when, of course, Jews will convert or burn in hell. But these beliefs have not made most Jewish groups cut ties with CUFI; Israel’s prime minister, Benjamin Netanyahu, has, for decades, referred to U.S. Christian Zionists, and Hagee in particular, as beloved supporters of Israel, and has said that Christian Zionists made Jewish Zionism possible. Many Jews are similarly grateful for evangelical support of Israel, regardless of what less supportive beliefs might undergird it, and are willing to ally with these religious extremists if it means support for Israel’s wars and annexations.
Certainly, all of these thoughts build on one another, and are difficult to untangle; plenty of hawkish Jews and Israelis want Israel to expand for non-biblical reasons. But the vast majority of Jews are not actively working to build a Third Temple and bring about the end of the world as we know it. Yet Klein and Taylor represent Jews largely through extremists like Ben-Gvir, and even focus their discussion of Christian apocalyptic thought on its overlap with Judaism and Israel. These religions share the Hebrew Bible, but little else.
There is far more to Christian apocalyptic thought than Israel. Plenty of Rapture-hopefuls in the U.S. believe their own country is the promised land; indeed, theological power is shifting away from Israel, as a new cohort of Christian extremists like Candace Owens, Nick Fuentes and Tucker Carlson catch hold of the political discourse and steer it toward open antisemitism and harsh scrutiny of U.S. support of Israel.
The old guard is being replaced by a new Christian right that is suspicious of Israel’s every action, and doesn’t egg on its wars. When Tucker Carlson interviewed Ted Cruz, a staunch supporter of Israel, the senator explained the Christian theological grounding of his support for Israel; Carlson, also a loudly devout Christian, jeered.
That’s not to say, of course, that there aren’t still many Christian Zionists in power in the U.S., shaping its foreign policy regarding Israel. But End Times Fascism feels as though it is stuck in a previous era of American Christianity, and of U.S. politics.
This problem is not limited to the section on religious apocalypse. The second part of the book, focused on the AI hunger of transhumanist tech titans, spends time on neoreactionary thinker Curtis Yarvin’s plan for a New Gaza, as it was presented at a Peter Thiel conference. Thiel is, himself, a Christian who is famously obsessed with the antichrist and the end of the world — once again, there is crossover, and these topics all share threads. But Israel is not the major driver of the race toward AI killing us all, or any other tech-related doom.
The fundamental idea of Klein and Taylor’s work is that rapturous obsessions drive not only worldly destruction — that much seems obvious — but also fascism. It’s a smart idea, and they have plenty of examples, whether surveillance by our internet overlords or ICE raids pushed for by white nationalists. But the book spends so much time on its trendiest target — Israel — when it should direct its energy examining figures like U.S. Secretary of Defense Pete Hegseth and the muscular Christianity driving his new testosterone regime for the U.S. military, or influential online figures like Owens or Fuentes agitating for a white, Christian U.S. (Some of these influencers are mentioned, but not as primary drivers.)
Certainly, Israel is involved in U.S. politics, in Christian nationalism, in the building of an ethnostate. (Israel in fact appears least in the third section on ethnonationalism, which is surprising given its identity as a Jewish state.) But despite Israel’s importance, the U.S., and its leaders, are still far more powerful.
The issue might be the book’s structure. The idea that apocalyptic thought drives fascism is a fairly simple one, and many of Klein and Taylor’s examples are familiar. The idea that is more subtle, and harder to grasp, is the way the threads of eschatological thought, ethnonationalism and tech wealth all share ideas and shape each other.
Peter Thiel alone, given his tech companies, his antichrist obsession, his love of Nazi theorists and his influence over Vice President JD Vance, could generate at least a chapter in any of the book’s three sections, or serve as a throughline for the entire book. Yet the topics are divided, as though each form of apocalyptic thought is its own entity, instead of woven together to show the ways they all reinforce each other.
End Times Fascism closes with a section on how to fight the rising fascism. Perhaps this should be the main focus of the book; many people who read the news already feels as though our leaders are racing toward the apocalypse, or at least WW III and a second Great Depression. The real question is what to do.
End Times Fascism offers some inspirations, including New York City’s mayor, Zohran Mamdani, as well as the Jewish Labor Bund. At least if the focus is once again on Jews, this time it’s positive.
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Why Dolly Parton sang a song about a Jewish journalist
A Broadway show, a star-studded television tribute, a new hotel and museum in Nashville. As odes to Dolly Parton keep coming, a recording of the late country music singer honoring an American Jewish journalist has recently surfaced.
Never before released in America, the song, “A Bridge Across,” sung by Parton and accompanied by the Nashville Symphony, honors slain journalist Daniel Pearl.
The song features spare lyrics set to violin music composed in honor of Pearl, a Wall Street Journal reporter who was brutally murdered by terrorists in Pakistan in 2002.
Originally recorded in 2008 by Parton, renowned fiddler Mark O’Connor, and the Nashville Symphony, the song was intended to be part of a compilation album called This is My America, produced and funded, oddly enough, in Canada but never released in the U.S.
It was O’Connor and his wife Maggie who resurrected the recording this fall, shortly after the deaths of Parton and another musician that connected the four artists: Oregon violinmaker Jonathan Cooper, who died in September.
Deeply troubled by the journalist’s murder in 2002, Cooper learned Pearl was an amateur fiddler and set out to create a quartet of string instruments – two violins, a viola and a cello – in the journalist’s honor. He entrusted the instruments to O’Connor to use during his annual summer music camp in North Carolina. Every year since, four students from the camp have received one of the Daniel Pearl memorial instruments to play for a year.
“These young people carry the message that love fights hatred through music-making and understanding that Daniel Pearl’s family want him remembered for,” O’Connor told The New York Times. Likewise, Cooper’s loving gesture inspired Parton, O’Connor said.
Canadian violinist Samantha Robichaud received one of the violins in 2005 and has gone on to become a successful recording artist with more than a half dozen albums. She has toured North America as an ambassador for the Daniel Pearl Foundation, sharing Pearl’s story, including his passion for
music and its power to change lives. Enter songwriters Tom McBryde and Lynn Wilbanks, whose introduction to Robichaud inspired verse.
On the album, the Nashville Symphony played one of Robichaud’s compositions while Parton introduced Pearl to listeners.
“He believed that music was something that could cross all social barriers, political borders and imaginary boundaries,” Parton says, before singing McBride’s and Wilbanks’ lyrics.
“A bridge across a question one journey begins, one step at a time to a place within.
A bridge across a border, a hand reaching out one heart at a time to erase the doubt.
A bridge across a difference can close a divide, one song to be sung on the other side.”
“It was perfect. She knows what he stood for,” Pearl’s father, Dr. Judea Pearl, told the Forward. “She was such a giving person.”
Judea Pearl met Parton in 2018 at the Los Angeles Press Club where she received that year’s Public Service Award for Contributions to Civic Life for her Imagination Library, which sends free books to children. (It inspired the creation of the PJ Library for Jewish books.) The Press Club recently dedicated its upcoming National Arts & Entertainment Journalism Awards to Parton’s memory.
In 2018, Judea Pearl was there to present the Daniel Pearl Award for Courage and Integrity in Journalism to Saudi Arabian writer and blogger Raif Badawi whose wife accepted the award while he served a 10-year prison sentence for his online activism.
The foundation devoted to Daniel Pearl’s legacy has been less visible since the 2021 death of Pearl’s mother Ruth who, as a young girl, witnessed and survived the anti-Jewish pogroms in Baghdad known as the Farhud.
As the 25th anniversary of his son’s murder approaches in February, Judea Pearl said the foundation will start a new chapter under his daughters’ leadership. Parton’s song lends the effort a touching soundtrack.
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