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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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Why is this chef opening a kosher Israeli restaurant in LA right now?

How do you explain Malka, the new kosher Israeli restaurant in Beverly Hills?

I’m not talking about the food — I haven’t eaten there yet — I’m talking about the fact that it’s opening at all. Why would Eyal Shani — many of whose restaurants worldwide have faced protests, vandalism and physical attacks — dare to open another restaurant at this particularly fraught time?

“The whole situation is leading me to open more, more, more,” Shani told me when we met last week. “That is my reaction as a Jewish man. If they are trying to kill you, you should make a lot of children. And these are my children.”

We were sitting in the empty restaurant on the ground floor of the boutique SIXTY Hotel. Shani, who is 67, wore a T-shirt and dark khakis. With his stubbly beard and unruly gray hair, he could pass for an intense, very post-grad philosophy major. He put a plate of farmers market green grapes between us.

The night before, at a pre-opening event for journalists, influencers and, it seemed, models, the same space was packed. Piles of fresh raw vegetables — a Shani signature — filled the long bar counter along with perfect rectangles of toasted focaccia topped with either steak tartare or smoky eggplant caviar. The crowd swelled, the music blared, trays of mojitos and palomas disappeared. It was signature Shani — a frolic of nature, noise and Israeli food.

Now, the large, modern space — a rare high-end restaurant in Los Angeles’ ever-struggling kosher restaurant scene — was quiet. Shani leaned back into an earth-toned banquette and reflected for a moment on how those two words, “Israeli food,” have become so toxic,  especially following Oct. 7.

Demonstrators accuse Israeli chefs of passing Palestinian food off as Israeli and of being complicit in their government’s actions. Shani’s business partner, Shahar Segal, did engage in marketing work with the Gaza Humanitarian Foundation, the controversial U.S.-Israeli organization established to feed Gazans. But Israeli restaurants around the world with no such involvements have faced similar protests, as have Jewish-owned restaurants with no ties to Israel.

Malka’s opening follows the closure of Shani’s restaurants Miznon in Melbourne and Gila & Nancy in Berlin, both targeted by mobs chanting anti-Israel slogans.

The rioters in Melbourne entered MIznon, threw chairs, chanted “Death to the IDF!” and only stopped when the two owners of a nearby pizza place — both Lebanese — confronted them.

“In the end, they succeeded to kill the restaurant,” Shani said. “They almost killed our staff there.”

Shani happened to be at the restaurant in Berlin when dozens of protesters surrounded it, shouting, “Stop feeding genocide!”

He raced into the kitchen, put together some food platters and went outside to offer the demonstrators the opportunity to eat and talk.

“They didn’t want to eat,” he said. To them, he added, “Eating from an Israeli is like eating from Satan.”

Shani rejected the charge commonly leveled at Israeli chefs — that they have stolen Palestinian foods and recast them as Israeli.

Chef Eyal Shani Courtesy of The Good People Group

“I always declare that I took a lot of inspiration from the Palestinians,” he said.

In 1989, Shani opened his first restaurant, Oceanus in Jerusalem. He was 29 and, he said, he knew nothing about food except that he loved bringing people together around it. He wanted to make something like the fresh focaccia an Italian Jewish neighbor once served him. The closest thing to it was the Arabic laffa Shani would buy from a closet-sized bakery in West Jerusalem.

“I had a cook, a Palestinian man from Hebron, a very talented man,” Shani said. “I loved him. He said, ‘Eyal, no problem, my grandmother makes it every day.’ He showed me.”

Shani brushed the finished bread with olive oil and showered it with fresh rosemary.

I told Shani that I ate at the now-closed Oceanus at the tim and to this day remember being served, when we sat down, fragrant sheets of his focaccia-laffa.

“It was a hybrid,” Shani said, “Palestinian, Italian and new Israeli. Each one is getting influenced by the other. You can’t do it with just one brain.”

Malka, a strictly kosher restaurant, presents a different kind of challenge to Shani, who is not an observant Jew. His Michelin-starred Manhattan restaurant Shmone offers, for instance, “A mountain of grilled calamari, okra, tomatoes and yogurt.”

But the chef who turned flour, yeast and water into a hybrid Palestinian-Israeli-Italian flatbread revels in facing constraints like kashrut.

“Each culture leads with its limitations,” he said. “These limitations are a blessing — they’re shaping your creation.”

The kosher stricture against cooking meat together with dairy products didn’t faze him.

“Take me off dairy, put a beautiful bottle of olive oil in front of me — what are the limitations?” he said. “And if there would be no olive oil anymore in the world, I would quit, I would not cook.”

Beyond the kitchen, Shani said he wanted to reach more Israelis with his food. About 70% of Israelis are strictly kosher or prefer it.

“So how can it be that we’re only cooking for the hipsters in Tel Aviv?” Shani said. “It’s unfair.”

The marketplace has rewarded Shani’s ability to combine local ingredients and techniques with creativity and  showmanship. The chef has around 70 restaurants — neither he nor his publicist knew the exact number — including Malka’s in Tel Aviv, Miami and New York.

And the backlash isn’t close to stopping him. Shani just announced a new restaurant project in, yes, Melbourne.

“It doesn’t make me frightened,” he said. “It’s the way my personality reacts. I think it’s the instinct of survival. You just keep going.”

The post Why is this chef opening a kosher Israeli restaurant in LA right now? appeared first on The Forward.

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An unvarnished look at Polish Hasidic life before the Holocaust 

In the decades before the Holocaust, Warsaw still teemed with Hasidim. Muranowska Street was virtually lined with shtiblekh (prayer and study houses), each with its own dynastic affiliation. But one day, a young man established a new shop on the street and brazenly kept it open on the Sabbath. Modernity had arrived.

Some Hasidim didn’t seem too concerned. As we read in the new English translation of Yechiel Hofer’s Hasidic Warsaw: Reb Zalmen and the Aleksander Shtibl, the protagonist, Reb Zalman, dismissed the whole scandal. The Sabbath, he shrugged, was simply too holy to be violated by people so unworthy. And in truth, Warsaw’s Hasidic enclaves continued to thrive, albeit in a more concentrated form.

Most Yiddish authors assumed the inevitable demise of Jewish tradition. In story after story, we read about pious, aging parents watching helplessly as their sons and daughters reject their ancestors’ ways to become Zionists, revolutionaries, assimilationists and, of course, Yiddish writers. Nobody, it seemed, could hold back the tide of progress.

But many interwar Polish Hasidic leaders were actually galvanized by the challenge of secularization. They launched ambitious, transnational fundraising initiatives, refurbished thousands of heders [traditional primary schools], and built hundreds of Hasidic yeshivas and Bais Yaakov girls’ schools. And as Hofer’s book shows, their shtiblekh recovered and proliferated down to the bitter end.

Hasidic Warsaw is one of the few works of modern Yiddish literature to present Hasidism as something other than moribund. Reminiscent of I.B. Singer’s In My Father’s Court, but more gracious, Hofer’s stories bring us into one corner of this impossibly thriving world: a Warsaw shtibl attended by followers of the Aleksander Rebbe. Reb Zalman, an irritable luftmensch (unemployed dreamer), is the shtibl’s most zealous member and the Hofer family’s most frequent Sabbath guest.

Reb Zalman’s pauper’s arrogance exasperates even his fellow Hasidim, who cannot resist pranking him. They appoint him “Purim Rabbi,” ply him with liquor, and get him to accept bribes. They lure him out of his Hasidic enclave to experience Gentile taunts and glares. Some try to help him gain a livelihood, but he proudly self-sabotages. Their most lucrative scheme, a tavern in the shtibl, fails because Reb Zalman decides to give all the liquor away.

Then there is Reb Zalman’s misogyny. He disdains his kind host, Hofer’s mother, who is “strictly observant, pious and indeed a Hasid in her own right.” She tactfully challenges his prejudices by recounting stories of her Grandmother Brayndl, a passionate follower of a Hasidic group called the Porisover Hasidim, who used to travel regularly to see the Rebbe, Reb Yankev Hersh [and] was deeply respected at the Rebbe’s court.” Yet Reb Zalman scoffs at even the most revered Hasidic women.

Hofer, in short, doesn’t romanticize interwar Hasidism. But he doesn’t dismiss it either. His family’s Sabbath table, he writes, provided even the ungrateful poor with a slice of Heaven. In the Aleksander shtibl, “deep seriousness combined with high-minded joy reigned.” Reb Zalman’s gift for quirky storytelling almost redeemed him in Hofer’s eyes.

Jonathan Boyarin is among the few scholars able to grasp not only the external, quantitative significance of the Polish Hasidic shtibl but its inner life: imperfect men swaying in prayer, chants, and study, occasionally halting to make a toast with vodka and herring or recount another edifying story. Yet Boyarin remains deeply attuned to Hofer’s gentle irony.

Hasidic Warsaw, with its multitude of stories-within-stories, is in a sense a work of collective authorship. We behold a community of storytellers constantly striving to make each other better by means of humorous, cautionary tales. Secularist Yiddish writers drew liberally from such stories, stylizing and serializing them to great acclaim while assuming the demise of the very movement that sustained them. But only physical annihilation could do that.

The reader of Hasidic Warsaw is left with a deep sense of loss. Without storytelling, how can we hope to regain that kind of connectedness? How can future Jewish literature emerge as easily and naturally? In honoring the art of storytelling, Hasidic Warsaw reminds us of yet another world that was lost in the Holocaust.

 

 

The post An unvarnished look at Polish Hasidic life before the Holocaust  appeared first on The Forward.

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Peter Lorre, decades after ‘Casablanca,’ is the breakout star of ‘Coyote Vs. Acme’

The character actor Peter Lorre died in 1964. The doctor Peter Lorre is alive, quite possibly immortal and has never looked better.

In Coyote Vs. Acme, the long-awaited legal comedy in which Wile E. Coyote sues the mega-corporation behind all his contraption needs for decades of grievous injury, the Good Doctor is seen smuggling evidence outside of Acme labs. Soon thereafter, the company’s security forces him to step into a black hole in the ground that is then rolled up like an old carpet.

As a man who knows too much, he’s a threat to the business.

If it seems strange that the Hungarian-born Jewish performer known for his turn as a child murderer in M and black market peddler Ugarte in Casablanca should be revived as a whistleblower, you may be forgetting his earlier appearances in the Looney canon.

The first was as himself, voiced by Mel Blanc, sitting with a crowd of celebs in Ciro’s nightclub and admiring an oversized bubble covering up a burlesque performer. That short from 1941 scans as uncomfortably close to the house style of the Der Stürmer cartoonists. In subsequent episodes, Lorre was caricatured as a mad scientist, though shrunk down considerably even as his role grew.

In Hair-Raising Hare, Dr. Lorre lures Bugs Bunny into his castle in the hopes of feeding him to the gargantuan red monster Gossamer. (A flashing neon sign on his lair indicates that he is an “Evil Scientist.”) Bugs gets the upper hand by providing a manicure to the tennis-shoed behemoth, jousting him into a tin can and ultimately spooking him by drawing his attention to the fourth wall.

When Daffy Duck tricks his way into Lorre’s suburban home in Birth of a Notion, the diminutive doc tries through a series of booby traps to recover his wishbone for a science experiment. (Stan Freberg voices Lorre in this one.) When Daffy manages his escape, Lorre’s eyes turn toward his dog, Leopold, prompting the pooch to make his exit.

In these treatments Lorre is a lonely, depressive psychopath of the sort Lorre excelled at playing. His revival for 2003’s Looney Tunes: Back in Action reimagined him as a different sort of villain: an underling for the Acme Corporation.

What Coyote Vs. Acme does is revolutionary not just for exploring the liability implications of cartoon case law, but for the redemption it offers Lorre, a kind of fitting tribute to a Hollywood legend whose life and career was cut tragically short by chronic pain and addiction.

This Lorre, who’s had a bit of a glow-up, sacrifices himself to sound the alarm for Acme’s evil R&D methods. It’s an apt arc for a refugee from Nazi Germany, among whose most recognizable work is his role in perhaps the greatest anti-fascist film of all time. While Ugarte takes advantage of refugees desperate for exit visas in Casablanca, the real Lorre helped many flee Europe ahead of World War II, just as cartoon Lorre works on behalf of his fellow toons. (His role as a complicit scientist also recalls his lone directorial effort, The Lost One, in which he plays a Nazi chemist haunted by the war.)

Coyote Vs. Acme’s Lorre also plays piano — not with a disembodied hand — and is revealed to be in a long-lasting — 80-plus years! — marriage with Tweety’s doting owner Granny.

With the film marking the largest-ever opening for Ketchup Entertainment, which snagged the distribution rights after Warner Bros opted to ditch the flick for a tax write-off, it’s too soon to tell if it will herald a Looney Tunes renaissance. However it shakes out, it has singlehandedly upped Peter Lorre representation in the films of 2026.

For those who don’t despise him — or who give him any thought — that’s victory enough.

The post Peter Lorre, decades after ‘Casablanca,’ is the breakout star of ‘Coyote Vs. Acme’ appeared first on The Forward.

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