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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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Amid Iran tensions, Huckabee tells US embassy staff in Israel they should leave ‘TODAY’ if they wish
(JTA) — Ambassador to Israel Mike Huckabee has told U.S. government employees and their families that they may leave the country and should do so expediently, amid mounting signs of a possible U.S. attack on Iran.
Huckabee emailed embassy staff on Friday morning saying that if they want to leave, they should do so “TODAY,” according to a letter first reported by The New York Times. He noted that commercial flights could become scarce and urged them to accept passage to any country before returning to Washington, D.C.
“There is no need to panic, but for those desiring to leave, it’s important to make plans to depart sooner rather than later,” he wrote.
The letter comes a day after U.S.-Iran talks in Geneva ended without public breakthroughs. Iranian officials, as well as the Omani mediators, said additional conversations were planned for next week; the United States did not comment. Steve Witkoff and Jared Kusher, two Jewish advisors to President Donald Trump who successfully brokered a ceasefire in the Israel-Hamas war last year, are leading the U.S. delegation.
Trump has been threatening to attack Iran for weeks over its nuclear program and has built up U.S. military forces in the Middle East to levels not seen in decades. In recent days, Secretary of State Marco Rubio and Vice President JD Vance have both said military intervention could be needed while saying the president continued to prefer diplomacy.
Vance’s comments were particularly notable because he typically opposes U.S. intervention overseas. He told the Washington Post in comments published Friday morning that there was “no chance” that the United States would get involved in an extended Middle East campaign.
Iran has said it would consider Israel a valid target in the event of a U.S. attack. Last year, Iranian missiles killed more than two dozen people in Israel during a 12-day war initiated by Israeli strikes on Iran’s military program. Now, Israelis have been living in limbo for weeks while waiting to learn whether a new war, expected to be more destructive, will begin.
In the past, when expecting Iranian retaliation, the embassy has warned staff against leaving population centers in Israel. Now, the Department of State has updated its Jerusalem embassy website to reflect “the authorized departure of non-emergency U.S. government personnel and family members of U.S. government personnel to leave Israel,” setting a status that means flights will be paid for by the U.S. government.
While El Al, Israel’s national carrier, does not fly during Shabbat, other airlines typically do run some flights to and from Ben Gurion Airport on Friday nights and Saturdays. Many of those are budget European airlines that have only recently resumed flying to Israel after last year’s Iran war; some airlines, including KLM, have already suspended Israel flights in anticipation of another conflict.
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San Francisco mayor Daniel Lurie condemns ‘Tax the Jews’ chant heard during protest
(JTA) — Jewish leaders and California elected officials have condemned an antisemitic chant that was audible during a protest Wednesday against the repeal of a local San Francisco tax ordinance.
During a news conference addressing a new housing construction development plan hosted by San Francisco mayor Daniel Lurie and San Francisco District 5 Supervisor Bilal Mahmood, protesters with the Democratic Socialists of America chanted “tax the rich.”
According to videos reviewed by the Jewish Telegraphic Agency, one woman on the scene can be clearly seen and heard chanting “tax Israel” and “tax the Jews.”
For those curious, a source sent me this video of the press conference. You can hear a woman chanting “tax Israel” and “tax the Jews” about 30 seconds in. https://t.co/0fDb9H8TXH pic.twitter.com/PkdHLGzBc1
— Gabriel Lorenzo Greschler (@ggreschler) February 26, 2026
Lurie, who is Jewish, condemned the chants, which he said had come from a group of people.
“At an event this afternoon, a group of individuals that were chanting ‘tax the rich’ began to shout ‘tax the Jews,’” Lurie tweeted. “Suggesting that Jews are wealthy is a tired trope, and targeting our community at an event focused on creating economic opportunity for San Franciscans is decidedly antisemitic. I will never accept hate directed at the Jewish community or any community in our city. Those are not San Francisco values—we’re better than that.”
The DSA, the largest socialist organization in the country, distanced itself from the chants, saying that only a single person was involved and that she was not a DSA member.
“During today’s protest of the Prop I repeal, a non-member joined the crowd and spouted disgusting antisemitic remarks,” the DSA said in a statement. “DSA members and other protesters asked her to stop, but she refused. We want to be clear that whatever hate she holds isn’t shared by DSA members and we categorically reject antisemitism.”
In the videos, the woman is wearing a head covering and glasses and appears to be pacing a distance away from the other protesters.
The incident comes as the DSA, which endorses the Boycott, Divestment, and Sanctions movement and opposes economic and military aid to Israel, has both notched major wins and drawn repeated allegations of antisemitism. After Oct. 7, it broke with one of its political stars, New York Rep. Alexandria Ocasio-Cortez, following her appearance on a panel where she condemned antisemitism. More recently, one of its members, Zohran Mamdani, was elected mayor of New York City. There, a DSA member last week challenged a DSA-affiliated elected official for condemning Hamas during an open meeting.
In San Francisco, the chant was condemned by other Jewish organizations, leaders and government officials, like the San Francisco Jewish Community Relations Council, California Rep. Ro Khanna, and Anti-Defamation League CEO Jonathan Greenblatt.
In a statement shared on X, Amy Spitalnick, the CEO of Jewish Council for Public Affairs, said, “What does antisemitism look like? This. This is hate and extremism masquerading as progressive politics when, in fact, nothing about it is progressive — and it only undermines the fight for justice, all of our safety, and our democracy.”
The post San Francisco mayor Daniel Lurie condemns ‘Tax the Jews’ chant heard during protest appeared first on The Forward.
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HarperCollins to publish book of conversations with Rabbi Eli Schlanger, Chabad emissary slain in Sydney
(JTA) — A book featuring testimony from Rabbi Eli Schlanger, the Chabad emissary who was killed in December in an antisemitic terror attack in Sydney, will be published this spring, HarperCollins Publishers announced on Thursday.
Schlanger, who moved to Bondi Beach as an emissary of the Chabad movement 18 years ago, was the father of five children, including a newborn son. On Dec. 14, Schlanger was hosting the Chabad of Bondi’s Hanukkah celebration when two gunmen opened fire on the festivities, killing Schlanger as well as 14 others.
The book, titled “Conversations With My Rabbi: Timeless Teachings for a Fractured World,” was written by Nikki Goldstein, a Jewish author who first encountered Schlanger during a hospital stay in 2022.
Last January, Goldstein and Schlanger began recording their conversations together for a book, but weeks before finishing its final chapter, Schlanger was killed.
“I was devastated, shocked, and grieving. But I knew that Eli’s legacy, his mission to bring light and love to the world, would not die with him,” Nikki Goldstein said in a statement. “Eli saved my life those years ago, and it’s my honor and privilege to ensure that his voice, memory, and mission are not silenced by terror and continue to work miracles.”
The book, which is set to be published on May 26, is the second major work centering a Jewish victim of terrorism to be released within a year. Former hostage Eli Sharabi’s memoir “Hostage,” published last fall, was named Book of the Year by the National Jewish Book Awards earlier this month. The memoir, which details Sharabi’s abduction by Hamas on Oct. 7, 2023, and 15 months he spent in captivity before learning that his wife and daughters had been murdered, was a bestseller in Israel before coming out in English.
A book by another icon of the Israeli hostage crisis is slated to hit the shelves in April. Rachel Goldberg-Polin’s memoir, titled “When We See You Again,” chronicles her relentless advocacy to free her son Hersh, who was kidnapped from the Nova music festival in Israel on Oct. 7 and subsequently murdered by Hamas in August 2024.
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