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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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Jewish Advocacy Groups Sue California Over K-12 Antisemitism
Students from Encinal High School and St. Joseph Notre Dame High School in Alameda, California, participating in anti-Israel demonstration on Jan 26. 2024: Photo: Michael Ho Wai Lee / SOPA Images via Reuters Connect
A coalition of leading Jewish advocacy organizations is suing the state of California for allegedly failing to address “systemic” antisemitic discrimination in K-12 public schools.
Led by the Louis D. Brandeis Center for Human Rights Under Law and StandWithUs, the legal action stems from consecutive years of antisemitic abused perpetrated against Jewish students, parents, and teachers by anti-Zionists at every level of the school system. Court documents shared with The Algemeiner earlier this week revealed new, harrowing accusations of Jews being called “k—kes,” Jewish students being threatened with gang assaults, and K-12 students chanting “F—k the Jews” during anti-Israel demonstrations promoted by faculty.
In one highly disturbing incident described in the legal complaint, fifth graders from the Oakland Unified School District were filmed by the teacher saying “Another major thing that I’ve learned is that the Jews, the people who took over, basically just stole the Palestinians’ land” and “one thing that’s really surprising to me, and that appeals to me is that the US is helping the Jews.” In another incident, the Oakland Education Association confected a curriculum in which the intifada — two prolonged periods of terrorism in which Palestinians murdered Israeli civilians — was taught to third graders as a nursery rhyme.
“The California education system is teaching the state’s children that Jewish Americans and Israelis are racists, white supremacists, oppressors, and baby-killers who should be shunned,” Brandeis Center chairman and former US assistant secretary of education for civil rights Kenneth Marcus said in a statement on Thursday. “The result is not surprising: Jewish children and children perceived as Jewish are bullied and excluded by their peers and harassed by their teachers, who silence, mock, and even segregate them if they speak out. School officials have done little or nothing at all to help these children.”
Litigation related to antisemitic incidents in California K-12 schools surged following Hamas’s Oct. 7, 2023, massacre across southern Israel, which triggered a barrage of antisemitic hate crimes throughout the US and the world. The list of outrages includes a student group chanting “Kill the Jews” during an anti-Israel protest and partisan activists smuggling far-left, anti-Zionist content into classrooms without clearing the content with parents and other stakeholders.
Elsewhere in California, K-12 antisemitism has caused severe psychological trauma to Jewish students as young as eight years old and fostered a hostile learning environment, according to complaints
In the Berkeley United School District (BUSD), teachers have allegedly used their classrooms to promote antisemitic stereotypes about Israel, weaponizing disciplines such as art and history to convince unsuspecting minors that Israel is a “settler-colonial” apartheid state committing a genocide of Palestinians. While this took place, high level BUSD officials were accused of ignoring complaints about discrimination and tacitly approving hateful conduct even as it spread throughout the student body.
At Berkeley High School, for example, a history teacher forced students to explain why Israel is an apartheid state and screened an anti-Zionist documentary, according to a lawsuit filed last year by the Brandeis Center and the Anti-Defamation League (ADL). The teacher allegedly squelched dissent, telling a Jewish student who raised concerns about the content of her lessons that only anti-Zionist narratives matter in her classroom and that any other which argues that Israel isn’t an apartheid state is “laughable.” Elsewhere in the school, an art teacher, whose name is redacted from the complaint for matters of privacy, displayed anti-Israel artworks in his classroom, one of which showed a fist punching through a Star of David.
In September 2023, the Brandeis Center, along with the ADL and the American Jewish Committee (AJC), sued the Santa Clara Unified School District (SCUSD) in California for concealing from the public its adoption of ethnic studies curricula containing antisemitic and anti-Zionist themes. Then last February, the school district paused implementation of the program to settle the lawsuit. One month later, the Brandeis Center, StandWithUs, and the ADL filed a civil rights complaint accusing the Etiwanda School District in San Bernardino County, California, of doing nothing after a 12-year-old Jewish girl was assaulted, having been beaten with stick, on school grounds and teased with jokes about Adolf Hitler.
“Jews consistently are being targeted with hostility because of who they are, including in California and particularly in K-12 public schools. This lawsuit seeks to remedy that,” StandWithUs chief executive officer Roz Rothstein said in Thursday’s press release. “It is imperative that California K-12 schools not be co-opted by those seeking to indoctrinate students into antisemitic hate. However, Jewish students and parents indicate that this is precisely what is happening in California. Shockingly, those tasked with enforcing non-discrimination laws in our schools have failed to intervene effectively to put a stop to this growing problem.”
She added, “This lawsuit was necessitated by that systemic failure and seeks to ensure, going forward, that California’s Jewish students are protected and have access to an education free from discrimination.”
Follow Dion J. Pierre @DionJPierre.
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Jewish Olympic Gold Medalist Jack Hughes Honored by New Jersey Devils as NHL Season Resumes
Jan 23, 2026; Vancouver, British Columbia, CAN; New Jersey Devils forward Jack Hughes (86) handles the puck against the Vancouver Canucks in the first period at Rogers Arena. Mandatory Photo: Bob Frid-Imagn Images via Reuters
Jewish Olympic hockey player Jack Hughes was honored by his team the New Jersey Devils on Wednesday night before their loss to the Buffalo Sabres in Newark.
Ahead of the game, the Devils showed on the Jumbotron a video of Hughes, 24, scoring the overtime goal that secured the United States its 2-1 victory and gold medal over Canada on Sunday in the 2026 Milan Cortina Olympics. Hughes lost a few teeth during the game when he took a high stick to the mouth from Canada’s Sam Bennett during the third period. The win marked the first time a US men’s hockey team had won gold at the Olympics since a 1980 victory against the former Soviet Union.
“I’m so proud and so happy that the men’s and women’s USA hockey teams brought gold medals back to America,” Hughes told the crowd in a pre-game speech on Wednesday given from the ice, while he held back tears. “And I’m so proud to represent the New Jersey Devils organization and to represent the great state of New Jersey. From the bottom of my heart, all of my [Team] USA teammates, we want to thank you for all the love and support. We feel it. Thank you.”
The Devils center — whose mother is Jewish while his father is Catholic — arrived in New Jersey late Tuesday night after US President Donald Trump recognized him and his Olympic teammates in the State of the Union address. Hughes played Wednesday night as Buffalo won for the seventh time in 10 games, 2-1, on goals from US Olympian Tage Thompson and Peyton Krebs. The NHL restarted its season on Wednesday after taking a break due to the Olympic Games in Milan.
On Thursday, before the New Jersey Devils took on the Pittsburgh Penguins at PPG Paints Arena, Hughes received a standing ovation as the Penguins honored athletes who represented their countries at the 2026 Winter Olympics.
Earlier in the week, the popular Hobby’s Delicatessen & Restaurant located blocks away from Newark’s Prudential Center, which is home to the New Jersey Devils, named a sandwich after Hughes. The owners said “Jack’s Golden Goal Sandwich,” which features roast beef and “golden sauteed onions” on a soft roll, is “so tender, you don’t need teeth.”
Trump announced during Tuesday night’s State of the Union that Connor Hellebuyck, the goaltender for the US men’s Olympic hockey team that won gold, will be awarded the Presidential Medal of Freedom. Hellebuyck made 41 saves in the Olympic game against Canada on Sunday and also assisted on the overtime goal by Hughes that led to the team’s gold medal win.
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Zachary Levi Hosts New Fox Nation Docu-Drama Series About King David
A scene from “David: King of Israel.” Photo: YouTube screenshot
Actor Zachary Levi hosts a Fox Nation original series that premiered on Thursday about the life and legacy of the Bible’s King David.
The four-part docu-drama “David: King of Israel” begins with the episode “The Shepherd,” which tells the story of David as a young shepherd in Bethlehem who kills a lion and a bear to protect his flock.
Episode two, “King of Israel,” premieres on March 5 and explores the aftermath of David’s fight with the giant Goliath, which is described in the Book of Samuel. The third episode will premiere on March 12, and the finale airs March 19. The series features reenactments about King David’s life and expert commentary intertwined with Levi’s narration.
Born in 907 BCE, David was chosen by God and anointed by the Prophet Samuel to one day be Israel’s new king. He reigned as the king of Israel for 40 years and is one of the most important figures in Jewish history. Christians also regard him as the ancestor of Jesus.
“Highlighting faith, redemption, and extraordinary purpose, we’re honored to bring this story to Fox Nation with Zachary at the helm,” said Fox Nation President Lauren Petterson about the four-part series.
“Aside from the account of Christ, the story of David is the most powerful in all of scripture,” added Levi. “In fact, one might argue that it’s even more powerful in some ways, given that David was fully human, and therefore flawed, like us, making his journey more relatable to our own. It’s a story I’ve wanted to be a part of telling ever since I was a child, so it was such a blessing being a part of this production.”
Levi, the “Shazam!” star, who is not Jewish, told “Fox & Friends” on Thursday he grew up in a Christian home and “reading my Bible and David was the story that always stood out to me as the most epic, the most amazing.”
“It can be difficult to relate to Jesus. David is us. David is a person who is called a man after God’s own heart,” he added. The actor, who has a SAG Award for his role in “The Marvelous Mrs. Maisel,” also said the four-part series is “like Lord of the Rings in the Bible.”
“You got giants and witches and all kinds of, you know, it’s cool and there’s massive battles, nation upon nation and good versus evil and all the spiritual elements of everything,” said Levi. “It’s a really fascinating story, even if you’re not within the Judeo-Christian lineage.”