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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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He organized World Cup viewings in Gaza. Then an Israeli airstrike killed him
Soccer is a universal language. Billions of people around the world watch the game, which means that soccer fans everywhere can appreciate someone like Mohammed al-Wahidi, who enabled others to participate in that shared global experience.
Al-Wahidi was a Palestinian aid worker who organized public screenings of the FIFA World Cup in Gaza. He’s emerged from anonymity for the worst reason: An Israeli airstrike killed him last week, while he was on his way to watch a screening of the knockout stage match between Argentina and Egypt.
With the world’s attention focused on the World Cup in North America, al-Wahidi’s killing briefly brought Gaza back into the global frame.
For the people of Gaza who attended the screenings organized by al-Wahidi, World Cup matches offer a brief respite from the daily struggle to survive, the loss of loved ones, and the absence of any political horizon of hope. Cheering for Egypt against Argentina could not end Gazans’ suffering, but it provided a much-needed moment of escape. Until it didn’t.
It’s common to hear that “politics has no place in sports” — although frequently the governments and sporting institutions that make this claim, while recognizing soccer’s symbolic power, are really arguing that sports should not be used to advance political goals they oppose.
Al-Wahidi’s death made headlines because that refrain simply isn’t true. In fact, it’s both legitimate and necessary to politicize al-Wahidi’s death even further.
In reporting on al-Wahidi’s death, mainstream media outlets — including the BBC, The New York Times, and The Los Angeles Times — situated it within its broader context. They reminded readers that he was only one of more than 1,000 Palestinians killed by Israel since a ceasefire was announced 10 months ago. His death became an opportunity to highlight that, for Palestinians in Gaza, the so-called ceasefire has amounted to little more than a reduction in the scale of daily killing and ongoing dispossession.
At the same time, some Israeli officials have openly declared their intention to promote what they call the “voluntary migration” of Palestinians from Gaza. Violence against Palestinians — including the killing of al-Wahidi — is a central mechanism for creating the conditions under which such migration becomes possible.
The politics of soccer
The chronology of state violence and the chronology of soccer usually unfold independently, but at times they intersect. When they do, that intersection reveals soccer’s symbolic power, which manifests itself in diverse — and sometimes contradictory — ways.
In 2024, an Israeli airstrike killed Hani al-Masdar, an assistant coach of the Palestinian men’s Olympic national football team, earning an outpouring of international mourning. Both al-Wahidi and al-Masdar were humanized because of their publicly visible connection to soccer. Unlike most Palestinian victims, they had their names and faces shared broadly in Western media, and their deaths briefly resonated far beyond Gaza.
But they’re among more than 900 Palestinian athletes and coaches killed by Israel since October, 2023. The fact that most of us have only heard two of their names, at most, is a tragedy.
Israel has long turned to soccer as a public relations instrument, a way to divert international attention from the long-term process of Palestinian dispossession.
As one senior Israeli minister said after inviting the Argentine team, with star Lionel Messi, to play in Israel in 2018: “When we fight over moving embassies to Jerusalem, there is no question. One of the most popular players in the world, who has billions of followers—surely, it is the right thing to see him playing in Jerusalem. What better public relations tool do we have?” (The match was eventually cancelled, after pushback from pro-Palestinian parties.)
FIFA has occasionally lent credibility to these efforts. Despite the fact that official United Nations bodies have described Israel’s actions in Gaza as genocide, and that Israeli and international human rights organizations have documented systematic abuses against Palestinians, FIFA has declined to apply the same standard to Israel as it has to other countries, like Russia, which it suspended in 2022 following the full-scale invasion of Ukraine. In doing so, it has contributed to the normalization of violence against Palestinians.
In an awkward attempt to appease critics, FIFA even proposed that an under-15 match between Israel and Palestine serve as the opening fixture of a new global youth tournament in the United States this September — a proposal that many Palestinians regarded as adding insult to injury.
Palestinian activists, by contrast, have made calls for soccer-related sanctions against Israel an important component of efforts to raise international awareness of the Palestinian struggle for justice. One of their most notable successes came in 2018, when they persuaded Argentina to cancel that planned friendly match against Israel in Jerusalem. Although repeated attempts to suspend Israel from international soccer have so far failed, such efforts are likely to continue.
The possibility of sporting sanctions
Israel has faced few meaningful consequences for these policies, and without sustained international pressure, like in South Africa decades ago. they are unlikely to change. One possible form of such pressure is the imposition of sporting sanctions — a prospect that, for understandable reasons, Israeli officials have worked hard to prevent.
But as long as it doesn’t seriously consider those sanctions, the international sporting community sends the message that there is no meaningful price for the continuous and systematic violation of Palestinian human rights.
Al-Wahidi dedicated himself to bringing the world’s game to Gaza. The symbolic significance of his death should now help bring the world’s attention to Gaza — and to the question of whether Israel should continue to enjoy the privileges of international sport while denying Palestinians their most basic rights.
The post He organized World Cup viewings in Gaza. Then an Israeli airstrike killed him appeared first on The Forward.
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A radical idea to bridge Chicago’s Black and Jewish communities
I have strong Southern roots. Both sets of my grandparents, with the exception of my Philadelphia-born maternal grandmother, were descendants of enslaved people who later became sharecroppers. I visited the South often as a child, and being different in a place like that could be difficult. There was no Black Jewish community there at the time. I was usually its sole representative.
Or so I thought.
I was a teenager when I first learned about Julius Rosenwald‘s philanthropic efforts that helped build thousands of schools for Black children throughout the rural South, including many of the places I grew up visiting. After that, I began looking for Rosenwald schools whenever I traveled. I was always happy to find them. They were old and mostly dilapidated, but somehow still seemed to quietly defy time and the elements.
This was the first time I remember understanding how Black people and Jews could do meaningful work together. Those faded clapboard buildings, once whitewashed and full of possibility, had housed the education system that helped generations of Black children and laid part of the groundwork for the civil rights movement that would follow.
I was born in the late 1970s. I have no memory of the storied alliance between Blacks and Jews during the civil rights era. By the time I came along, much of that coalition had faded, and people were already asking how those bridges might be rebuilt.
I never experienced the Black-Jewish relationship that the teachers and staff at my Jewish day school recalled so fondly. But whenever I traveled through the South, I saw those schools. They stood as proof that the two communities I come from had once worked together to accomplish something extraordinary. They filled me with hope and pride, and with the certainty that if it happened once, it could happen again.
That is why, at a time when antisemitism and racism are once again on the rise, I find myself returning to the example set by earlier generations of Jewish philanthropists and community leaders. They understood that investing in Black communities was not simply an act of charity. It was an act of solidarity. They recognized that prejudice thrives when people remain strangers to one another, and that real change requires shared investment in a common future.
Today, we find ourselves confronting many of the same challenges. Distrust is growing. Division is growing. Fear is growing.
Which is why I want to build a Jewish Community Center on the south side of Chicago.
Not in a neighborhood where many Jews already live, but in a neighborhood where they can come to build new relationships, and new solidarity. A neighborhood where children from the two communities I hold in my heart can grow up seeing one another as neighbors instead of strangers.
The groundwork for this kind of bold community building is already in place. More than a decade ago, I started Mothers and Men Against Senseless Killing on the south side, as a response to violence, hopelessness and despair. From the beginning, that work was shaped by Jewish values, and Jews from across the Chicagoland area have stood alongside me in that work.
What began as an effort to keep children safe, based on the corner of 75th Street and Stewart Avenue, has evolved into an open air community center where children receive hot meals after school, where they can play safely throughout the summer, and where parents can find diapers, formula and other necessities for their families.
Our corner has also become a place where we can have open and sometimes difficult conversations about race, and life in America. Those conversations are often also about Judaism. We host Yom Kippur services, Passover seders, and an annual Christmahanukkwanzukah toy giveaway.
This corner has become an oasis that welcomes both Black people and Jews, and of course Black Jews, and invites them to spend time together.
I grew up watching my friends go to the JCC, even though my family could never afford it. It was important to me that my own children had that experience. At a JCC far from the neighborhood where we live, they deepened their Jewish identities, learned to get along with people different from themselves, got exercise, and made lifelong friends.
It’s time to bring that opportunity to the area where we live, and where MASK has already begun to serve some of the purposes that JCCs often fill — primarily that of giving children a safe place to learn and play.
It’s time to take things to the next level. We need a place where Black and Jewish families can gather with intention to build more communal services that help us all. Yes, we need bridges between our communities.But those bridges also need to lead somewhere. And I cannot think of a better destination than a place where Black and Jewish children can learn, grow, and build a future together.
The post A radical idea to bridge Chicago’s Black and Jewish communities appeared first on The Forward.
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Fight wildfires and other climate crises with this spiritual guide to catastrophe
As smoke from Canadian wildfires blankets much of the Northeast and Midwest in a hazy fog, some Jews are observing this Tisha B’av by mourning a different kind of destruction: that of a planet in crisis.
Tisha B’av, the saddest day on the Jewish calendar that commemorates the destruction of the First and Second Temples, deals with themes of grief and resilience relevant to today’s climate crisis, said Rabbi Laura Bellows, director of spiritual activism and education at Dayenu: A Jewish Call to Climate Action.
In advance of Tisha Ba’av, Dayenu this week released a spiritual guide for the aftermath of extreme weather — including floods, storms, heatwaves and fires. It was a grim coincidence, Bellows said, that the guide’s publication coincided with a time when those prayers would be of particular use.
“The grief is real,” Bellows said. “Jewish tradition is really good at encouraging us not to ignore it, but actually to make space and time to be with that grief.”
The guide includes an adapted version of Mi Shebeirach, the prayer for healing, written by Rabbi Daniel Scher at Kehillat Israel in the Palisades. Scher wrote the prayer for his congregation after wildfires caused significant smoke damage to the synagogue’s building, leading it to close for several months. Roughly 250 synagogue members — and all three clergy — lost their homes.
“The fire has seared through our homes and hopes, yet we stand together in our pain, trusting that new life can blossom in our midst,” the prayer reads.
Other texts in the guidebook offer hope for rebuilding. Rabbi Zoe Klein of Temple Isaiah in Los Angeles adapted the daily prayer, “May it be your will that the Temple be speedily rebuilt in our own time,” into a plea for wildfire survivors: “May it be Thy will that homes be rebuilt in our own time.”
Another ritual offers a hand-washing ceremony for survivors of water-related natural disasters. Participants wash their hands and recite the Birkat HaGomel, a prayer traditionally said after surviving a life-threatening event.
It’s not the first year rabbis have linked the climate crisis to Tisha Ba’av. More than a decade ago, Rabbi Tamara Cohen, chief of program and strategy at the Jewish youth group Moving Traditions, co-wrote “Eikha for the Earth,” which adapts the Book of Lamentations traditionally read on Tisha Ba’av as a “lament for the Earth.”
“Checkerspot butterflies flee their homes; polar bears can find no rest. Because our greed has heated Earth,” the text reads.
The adapted text aims to “welcome in Jews who are not so connected to the idea of mourning for the ancient temple, which doesn’t necessarily move lots of people today,” Cohen told the Forward.
But the timing of this year’s Tisha B’av makes the text feel eerily relevant, she said, pointing to the line “forest fires reach down and spread like fury.”
Jakir Manela, CEO of the nonprofit Adamah, which leads immersive Jewish experiences grounded in nature, said he’s also feeling particular grief for the earth this Tisha B’av. Manela lives in Baltimore, where he and his kids have been unable to go outside due to the unhealthy air.
“This is destruction in front of our very eyes, and affecting the largest population centers on the planet,” Manela said. “If folks have trouble connecting with Tisha B’av and the grief and mourning that it calls us to do, maybe this year is the time when it will hit home.”
The post Fight wildfires and other climate crises with this spiritual guide to catastrophe appeared first on The Forward.

