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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


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

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‘Mensch of Manhattan’ Lasher wins over Bores in fight for Nadler’s seat, media projects

(New York Jewish Week) — Micah Lasher has defeated Alex Bores in the battle for retiring Rep. Jerry Nadler’s Manhattan congressional seat, according to media projections Tuesday night.

In the race for the 12th Congressional District, the most Jewish in the country, Lasher had 40,106 votes, or 39.1 percent, and Bores collected 35,822 votes, or 35 percent, with 87 percent of the ballots counted.

The crowded field in the Democratic primary also included John F. Kennedy grandson Jack Kennedy Shlossberg, public health expert Nina Schwalbe, and George Conway, a Republican-turned-Democrat and Trump antagonist. All three were trailing well behind Lasher.

During his victory speech, Lasher pointed to both his and the district’s Jewish identity.

“It is an enormous point of pride that I will be representing the most Jewish congressional district in the country,” Lasher said. “I will always stand up for our community with pride.”

He also received a loud ovation after he thanked “the rabbis and Jewish community leaders” who helped the campaign.

A number of Lasher’s political allies and former bosses spoke, including Nadler, who’s represented the upper West Side since 1992, Gov. Kathy Hochul, Comptroller Mark Levine, and Manhattan Borough President Brad Hoylman-Sigal, who told the JTA that Lasher would be a bridge between Mayor Zohran Mamdani and the Jewish community.

Holyman-Sigal called Lasher the “mensch of Manhattan.”

Lasher thanked Nadler for his decades of service and mentorship, saying he taught Lasher things like “vision, compassion, and how to canvass voters outside Zabar’s.”

Nadler is “as much an institution in Manhattan as Central Park and pastrami on rye,” Lasher said.

The House seat — which covers the Upper West and Upper East sides and midtown Manhattan, and is seen as a crown jewel in New York politics — opened up after Nadler announced last fall that he would retire at the end of this term.

Nadler’s preferred heir was Lasher, a Jewish State Assembly member who has worked for the progressive stalwart and other prominent politicians such as Gov. Kathy Hochul and former Mayor Mike Bloomberg. Lasher has the support of those former bosses, plus much of the West Side political establishment.

Fellow Assembly member Bores, meanwhile, has built a coalition that includes both pro-Israel moderates and progressive groups critical of the Jewish state by emphasizing that he will be tough on artificial intelligence companies. Former congresswoman Carolyn Maloney, who represented much of Manhattan’s East Side from 1993 until 2023, is among Bores’ supporters.

On the subject of Israel, the makeup of the NY-12 race has been unlike other contested New York City races: Elsewhere, at least one of the two leading candidates has accmused Israel of committing a genocide in Gaza and supports placing conditions on U.S. military aid to Israel.

But Lasher and Bores both describe themselves as pro-Israel and anti-Prime Minister Benjamin Netanyahu of Israel, and neither one supports blocking weapons sales to the Jewish state.

Mamdani is himself a voter in the district as a resident of Gracie Mansion and who cast his ballot a few days ago, during the early voting period, at the Metropolitan Museum of Art. He has declined to weigh in publicly on the race. The mayor endorsed two democratic socialist candidates and Brad Lander — his Jewish ally who accuses Israel of genocide, and has positioned himself against both offensive and defensive military aid to Israel — in other races.

Lasher and Bores have both consistently advocated for universally applying the existing Leahy Law, which bars the U.S. from providing military assistance to foreign military units that violate human rights with impunity.

Schlossberg has criticized Lasher and Bores for their stance, calling it an “insufficient answer,” and advocates for blocking offensive weapons sales to Israel while still funding the Iron Dome defensive missile system. He is the only of the top-four candidates to call for conditions on aid to Israel and halting any weapons sales. After initially leading in early polls, Schlossberg’s support appears to have fallen amid questions over his lack of experience.

Conway, an anti-Trumper and longtime attorney who was married to former Donald Trump staffer Kellyanne Conway, rounds out the top four in the polling.

Throughout the election, candidates convened for forums at numerous synagogues in the heavily Jewish district — 23.3% of constituents are Jewish, according to a 2024 study — and answered questions related to antisemitism, Israel and other Jewish-related issues.

Lasher has said at multiple forums that he doesn’t see anti-Zionism as being precisely the same thing as antisemitism, but that “often when you see one you see the other.”

He and Bores have both touted their support for a statewide “buffer zone” bill — which Lasher introduced in response to pro-Palestinian demonstrations outside synagogues — that would curb protests outside houses of worship. Meanwhile, Schlossberg has pointed out at Jewish forums that the first policy his campaign released was “Jack’s Fast-Track Plan,” which would fast-track a doubling of funds for the Nonprofit Security Grant Program that funds security at houses of worship and community centers.

During a June forum at Upper West Side synagogue B’nai Jeshurun, Lasher said he felt “exhausted” by how much the political dialogue — both in the NY-12 race and more broadly — is “obsessed” with Israel.

Lasher is sure to win in November’s general election in the heavily Democratic district where he will face only token Republican opposition.

The post ‘Mensch of Manhattan’ Lasher wins over Bores in fight for Nadler’s seat, media projects appeared first on The Forward.

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I helped sell Obama’s Iran deal. Its critics owe us all an explanation.

(JTA) — Neoconservatives have some ‘splainin’ to do, as Lucy’s television husband, Ricky Ricardo used to say.

The war on Iran has turned out to be a debacle of historic proportions.

After months of military escalation, tens of billions of dollars expended, critical weapons stockpiles depleted, and a region once again thrown into crisis, the United States now finds itself humiliated. The memorandum of understanding reportedly concluded last week does not represent the culmination of victory. It represents the codification of failure.

Many understood that nuclear disarmament and regime change in Iran could not be achieved through force. As I wrote in these pages a few months ago, more than a decade ago, we reached a solution designed to avert precisely the calamity that has unfolded. It was the Joint Comprehensive Plan of Action, or, in layman’s parlance, the Iran nuclear deal.

As a certified denizen of the Swamp — I served in the Clinton White House’s communications shop and later founded a Washington, DC strategic communications firm — I was at the forefront of selling the Obama administration’s agreement to the American public.

I remember those days well — and I do not miss them.

JCPOA defenders, particularly those of us in the Jewish community, were attacked in the ugliest terms imaginable. We were called appeasers, sellouts, self-hating Jews and worse. Prime Minister Benjamin Netanyahu traveled to Washington and outrageously warned Congress that the deal might pave the way to a second Holocaust.

JCPOA advocates never argued that the agreement signed in Vienna was perfect.

Its critics pointed to the sunset provisions. They objected that the deal did not address every malign activity undertaken by the Islamic Republic throughout the Middle East. These were legitimate concerns. Politics, however, is the art of the possible; geopolitics doubly so.

That agreement nevertheless achieved something extraordinary. Iran shipped out the overwhelming majority of its enriched uranium. International inspectors gained unprecedented access. A mechanism existed to monitor and constrain Tehran’s nuclear ambitions. The prospect of military confrontation receded.

The regime’s hardliners hated the agreement. The Revolutionary Guard fought it tooth and nail. Integration into the global economy threatened entrenched interests within the Islamic Republic. A growing middle class and increasing international engagement carried risks for those whose power depended on its isolation and perpetual confrontation.

Unfortunately, hardliners were not confined to Tehran.

The maximal-pressure advocates in Washington ultimately prevailed. During the first Trump administration, the United States withdrew from the agreement. Tore it up, as the president bragged. Despite the best efforts of our European partners, who had also signed the accord, the framework collapsed beneath the weight of renewed sanctions and diplomatic abandonment.

What followed, we were promised, was supposed to vindicate the critics.

Instead, it vindicated the critics’ critics.

The maximal-pressure advocates have spent years moving the goalposts. First, we were told, sanctions would bring the regime to its knees. They did not. Then economic isolation would force Tehran to abandon its nuclear ambitions. It did not. Then military pressure would succeed where sanctions had failed. It did not. Then leadership decapitation, covert action, and military escalation would produce regime change. They did not.

Each promised but failed breakthrough gave way to another promised breakthrough.

And now comes the final indignity: the so-called memorandum of understanding.

After years of threats, sanctions, covert action, military escalation and open warfare, the United States has agreed to resume negotiations with the very regime it set out to break. The Islamic Republic remains in power. Its leadership and political system remain intact.

Nor is that all.

The agreement reportedly provides waivers for Iranian oil exports and opens the door to sanctions relief and renewed access to many billions in frozen assets. It establishes yet another negotiating process on the nuclear question rather than resolving it. It leaves unresolved many of the issues that maximal-pressure advocates once described as non-negotiable, including Iran’s missile capabilities, its regional proxy network, or the many canisters of near-bomb-grade enriched uranium — what the president calls nuclear dust.

Even the future status of the Strait of Hormuz, the critical passage for oil open before the war, and now established as a lever for Iran to exert pressure, appears destined for further negotiation rather than decisive resolution.

The advocates of maximal pressure promised a better deal than the JCPOA. They promised that Iran would be forced to make concessions unavailable through diplomacy.

Instead, after years of confrontation, Washington finds itself lifting pressure, restoring economic benefits, negotiating with a surviving regime and postponing the most difficult questions to future talks.

Hell, in Paris last week, Trump actually made the case for Iran to retain, build or buy missiles and maintain at least some nuclear power.

So, what, precisely, was achieved?

The tragedy is not merely that the war failed to accomplish its objectives. It is that we already possessed a framework that constrained Iran’s nuclear program without requiring military confrontation. The Joint Comprehensive Plan of Action was imperfect, to be sure. Its supporters never claimed otherwise. But it reduced risk, established verification mechanisms and avoided precisely the cycle of escalation that has consumed the past decade.

Its opponents insisted there was a better way.

History has now rendered its verdict.

The United States ultimately abandoned a functioning diplomatic framework in pursuit of fantasies that proved unattainable. Having exhausted sanctions, threats and military force, it has arrived back at the negotiating table poorer, weaker and in possession of less leverage than before.

I’m afraid I told you so.

The defenders of the JCPOA were mocked as appeasers. Yet the memorandum of understanding now before us amounts to an admission of the very proposition we advanced all along: However distasteful it may be, the Islamic Republic is not a problem that can be bombed or sanctioned out of existence.

Diplomacy could have spared us the war.

This article originally appeared on JTA.org.

The post I helped sell Obama’s Iran deal. Its critics owe us all an explanation. appeared first on The Forward.

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Lander unseats Goldman on winning congressional election night for Mamdani

Former City Comptroller Brad Lander handily defeated incumbent Rep. Dan Goldman in the New York Democratic primary Tuesday night, while lesser-known Assemblymember Claire Valdez secured the nomination for another House seat — both after campaigning as sharp critics of Israel and with the endorsement of Mayor Zohran Mamdani.

Preliminary results showed Lander with about 66% of the vote to Goldman’s 34%. Valdez won with 56% of the vote for the open seat being vacated by Rep. Nydia Velazquez. Both are virtually assured of winning the general election in November in their heavily Democratic districts.

A third candidate whom Mamdani had endorsed, former Columbia Gaza war encampment organizer Darializa Avila Chevalier, held a slight lead over Rep. Adriano Espaillat on Tuesday night.

Representing a spectrum ranging from liberal Zionist critic (Lander) to longtime activist for the Palestinian cause (Avila Chevalier), the strong results for Mamdani’s chosen candidates is being closely watched nationally in a Democratic Party where many voters say they want the U.S. to distance itself from Israel. All three candidates say they will support cutting off U.S. military aid to Israel, including for the Iron Dome defense system.

At a campaign rally last week, Mamdani compared the American Israel Public Affairs Committee to “monsters” who “move millions in dark money to accomplish a single goal — to preserve their power, so that they can turn us against one another.” The remarks drew widespread condemnation from Jewish leaders, including some Mamdani supporters.

Lander is a high-profile Jewish politician allied with Mamdani, who this election cycle threw his weight behind a slate of progressive candidates who have critiqued hardline pro-Israel money and use the terms “genocide” and “apartheid” to describe Israel’s actions in Gaza and the West Bank.

Setting out to challenge the incumbent, Lander zeroed in on Goldman’s support for U.S. military aid to Israel and his past ties to the campaign fundraising group AIPAC during the campaign.

Lander told the New York Times that criticizing AIPAC makes him “queasy” given “the antisemitic tropes at play,” but that he feels an obligation to call out its funding nonetheless as he promises to curtail U.S. military aid to Israel.

In NY-7, another candidate backed by Mamdani defeated the incumbent’s handpicked successor. democratic socialist Valdez won against Brooklyn Borough President Antonio Reynoso, who had the endorsement of outgoing Rep. Velázquez.

But Mamdani’s brand of Israel politics didn’t succeed everywhere: In the Bronx, Rep. Ritchie Torres — one of the Democratic party’s most staunch supporters of Israel — handily defeated Michael Blake, a former state assemblyman who allied with Mamdani during the mayoral primary last year.

For state comptroller, incumbent Thomas DiNapoli — who made additional purchases of Israel bonds in the aftermath of Oct. 7 — won over Jewish challenger Drew Warshaw, who argued that the state should divest from Israel bonds because they help “finance Israeli Prime Minister Benjamin Netanyahu’s wars.”

State Assemblymember Micah Lasher won the race to succeed Rep. Jerry Nadler, who retired after 33 years in the House and served as one of Congress’ leading voices for liberal Jews. In that race, the leading candidates Lasher and Alex Bores had broad agreement in their support of Israel.

The other candidate in the race, Kennedy political scion Jack Schlossberg, had called for conditioning aid to Israel and attempted to draw contrast with Bores and Lasher on the issue. But Schlossberg’s campaign struggled to gain traction amid questions about his lack of political experience.

The post Lander unseats Goldman on winning congressional election night for Mamdani appeared first on The Forward.

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