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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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Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls
Friday before sundown, I realized that Abe Foxman had not sent me his weekly “Shabbat Shalom” message. For the past seven years, since we began texting regularly about Jewish and political issues, the message would arrive each Friday like clockwork — often accompanied by screenshots of Shabbat memes. My response never changed: “Good Shabbos, tzaddik,” using the Hebrew word for a righteous person that Foxman himself often used.
A few minutes after sundown, I texted him anyway: “Good Shabbos, tzaddik.” Then I turned off my phone. The message showed as “read” Saturday night. But there was no response.
I’m sure I wasn’t the only one waiting for Foxman’s Shabbat greetings. The silence said everything. On Sunday, the Anti-Defamation League announced that its former longtime chief had died at age 86.
I first started texting with Foxman after he stepped down in 2015 as national director of the ADL, concluding a remarkable 50-year run with the organization, including nearly three decades at its helm. By then, he had become one of the most recognizable Jewish communal leaders in America. He was nicknamed the “Jewish Pope.” Former President Barack Obama, a frequent target of Foxman’s criticism over Israel policy, said upon Foxman’s retirement: “Abe is irreplaceable.”
For me, a rookie journalist covering national politics through a Jewish lens, Foxman became an invaluable source. He was in the room with presidents, prime ministers and world leaders during some of the Jewish community’s most consequential moments. Yet he was always available. He answered calls quickly. He texted back. He spoke candidly. He could be sharp, direct and deeply critical when he thought leaders were making mistakes. But he was also compassionate, warm and surprisingly personal.
Every conversation began the same way: asking about me. My kids. How I was holding up. Only then would we get to politics. The conversation would often veer from Yiddish to English and back again.
Our last conversation was on April 15, after a record 40 Senate Democrats voted to block $295 million for the transfer of bulldozers to Israel and 36 of them also supported a measure to block the sale of 1,000-pound bombs to the Jewish state. “A broch,” Foxman replied, using the Yiddish word for disaster. “A sad time for American politics.”
That worldview shaped much of his public commentary in recent years. In interviews with the Forward and other publications, Foxman weighed in on rising antisemitism, campus protests, Democratic divisions over Israel, President Donald Trump’s rhetoric, and the Biden-Netanyahu relationship.
Foxman could be combative and unapologetic. Critics on the left viewed him as too hawkish on Israel, while critics on the right sometimes accused him of being too willing to criticize the Israeli government or American conservatives. But nobody doubted his commitment to the Jewish people and to Israel.
Foxman’s own life story
Born in Baranavichy in 1940, in what is now Belarus, Foxman survived the Holocaust as an infant after being hidden by his Polish Catholic nanny, who baptized him to hide his Jewish identity, while his parents were confined to a ghetto. After the war, he was reunited with his parents, first living in a displaced persons camp in Austria before immigrating to the United States.
Those early experiences shaped the course of his career and ultimately made him one of the most influential Jewish communal leaders of the modern era.
In 1965, after getting degrees from City College of New York and New York University School of Law, Foxman joined the Anti-Defamation League as a legal assistant. Over the next five decades, Foxman rose through the ranks of the organization before being named its national director in 1987, a position he held until 2015.
Under his leadership, the ADL became one of the world’s most prominent voices combating antisemitism and hate.
In 1987, President Ronald Reagan appointed Foxman to serve on the council of the United States Holocaust Memorial Museum. He was reappointed by Presidents George H. W. Bush, Bill Clinton and Joe Biden. He was also vice chairman of the Museum of Jewish Heritage in New York City.
Foxman was often willing to challenge leaders he believed were wrong on Israel, including Democratic presidents he otherwise respected. He was sharply critical of Obama’s approach toward Israel early in his presidency and became one of the leading Jewish voices opposing the administration’s 2009 demand for a freeze on Israeli settlements.
In remarks at Foxman’s farewell dinner in 2015, Susan Rice, former U.S. ambassador to the U.N. and national security advisor under Obama, told the audience: “The thing I most value about Abe is his candor and integrity. He holds everyone to the same high standards, and I can always count on him to tell it to me straight, even when he knows I won’t necessarily like what he has to say.” In 2020, Foxman publicly advocated for Biden to choose Rice as his vice-presidential running mate.
“America and the Jewish people have lost a moral voice, a passionate advocate for the Jewish people and the state of Israel, and a remarkable leader,” Foxman’s successor, ADL CEO Jonathan Greenblatt, said in a statement announcing Foxman’s death.
Foxman’s political commentary
Even after retiring from the ADL, Foxman remained a leading voice in Jewish public life, especially after the election of Trump in 2016.
Foxman told me in an interview at the time that the Jewish community should engage with Trump and hold him accountable when needed. He advised Trump to be cautious about making good on his promise to move the U.S. embassy from Tel Aviv to Jerusalem. He became more critical of Trump after the president said that there were “very fine people on both sides” in response to a 2017 neo-Nazi rally in Charlottesville, Virginia.
In 2020, Foxman broke his tradition of not endorsing political candidates to back Biden. He argued that Trump was a “demagogue” whose reelection would be a “body blow for our country and our community.”
Once Biden took office, Foxman started to express doubts about the president’s handling of the U.S. relationship with Israeli Prime Minister Benjamin Netanyahu. He said it “sends the wrong message to our friends and enemies” that Israel is being held to a higher standard than other countries in the region. Foxman was also a harsh critic of the Netanyahu government’s judicial overhaul, warning that the right-wing cabinet ministers could hamper support for Israel among American Jews.
In 2024, he warned that Biden’s increasingly harsh rhetoric over Israel’s military campaign in Gaza would repel Jewish voters. “I believe that this administration, because of its political season, is taking American Jews for granted or has written us off,” said Foxman. ”If they’re worried that the Arabs in Michigan will vote with their feet, they need to worry that Jews can also vote with their feet.”
Most recently, Foxman was critical of national Democrats opposing the military operations against the Iranian regime in March for a lack of congressional authority. “Sadly, it is purely political games,” Foxman told me, noting that previous Democratic administrations conducted military operations without explicit congressional authorization. “Ninety-nine percent of Democrats are on record saying Iran is a terrorist state and cannot have nuclear weapons. So why this game?” he asked.
Now, as Jews mark Jewish American Heritage Month, that voice is silent. But for me, and for the many people still waiting for one more “Shabbat Shalom” message from Foxman, he will not soon be forgotten.
Foxman is survived by his wife Golda, his daughters Michelle and Ariel and four grandchildren.
JTA contributed to this article.
The post Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls appeared first on The Forward.
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Jailed Iranian Peace Laureate Mohammadi Moved to Hospital in Tehran
A picture of Nobel Peace Prize winner Narges Mohammadi on the wall of the Grand Hotel in central Oslo before the Nobel banquet, in connection with the awarding of the Nobel Peace Prize 2023, in Oslo, Norway, Dec. 10, 2023. Photo: NTB/Javad Parsa via REUTERS
Iran’s imprisoned Nobel Peace Prize winner Narges Mohammadi has been moved to a hospital in the capital, Tehran, and has been granted a suspension of her sentence on heavy bail, a foundation run by her family said on Sunday.
Mohammadi, 54, won the prize in 2023 while in prison for a campaign to advance women’s rights and abolish the death penalty. She suffered a heart attack two weeks ago.
Her family had called for her to be transferred from Zanjan, northwest of Tehran, where she was serving her sentence and where she had been initially taken to a hospital, so that she could receive better medical care.
She is now at Tehran Pars Hospital for treatment by her own medical team after being transferred by ambulance, the Narges Mohammadi Foundation said in a statement.
Mohammadi was sentenced to a new prison term of 7-1/2 years, the foundation said in February, weeks before the US and Israel launched their war against Iran. The Nobel committee at the time called on Tehran to free her immediately.
She had been arrested in December after denouncing the death of a lawyer, Khosrow Alikordi. A prosecutor told reporters that she had made provocative remarks at Alikordi’s memorial ceremony.
The foundation gave no details of the bail arrangements or suspension of her sentence.
“However, a suspension is not enough,” it said. “Narges Mohammadi requires permanent, specialized care. We must ensure she never returns to prison.”
Iran shut down most of the internet in the country in January as authorities suppressed mass protests triggered by economic unease. Rights groups have reported ongoing executions of people involved in the unrest.
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Israel’s Attorney General Calls to Cancel Netanyahu’s Mossad Chief Appointment
Israeli Attorney-General Gali Baharav-Miara. Photo: Twitter
i24 News – Attorney General Gali Baharav-Miara told the High Court of Justice on Sunday that Prime Minister Benjamin Netanyahu’s decision to appoint Maj. Gen. Roman Gofman as the next Mossad chief must be canceled.
Baharav-Miara filed her position ahead of a Tuesday hearing on petitions challenging the appointment, telling the court that “substantial flaws” had been found both in the process conducted by the advisory committee and in the conclusions it drew. She said Netanyahu’s decision suffered from “extreme and blatant unreasonableness” and could not stand legally.
At the center of the dispute is the case of Ori Elmakayes, who was a 17-year-old minor when he was activated in 2022 by Division 210, without going through authorized intelligence channels. At the time, the division was commanded by Gofman. Elmakayes was arrested in May 2022 under espionage charges after two officers sent him classified information and told him to post it online as part of an “influence campaign,” despite not being authorized to do so. Gofman initiated this operation. Elmakayes was then held in full detention until July, spending an extended period under electronic monitoring and house arrest before the indictment against him was canceled in late 2023.
Baharav-Miara says Gofman’s involvement in leaking the classified information to the minor, “casts a heavy shadow on Gofman’s integrity and thus on his appointment to head the Mossad.” The attorney general also identified serious procedural failings in the advisory committee’s work. She notes that the majority members signed their opinion before committee chairman and former Supreme Court president Asher Grunis had written his dissent and before two members had reviewed several classified documents significant to the full picture. Grunis concluded that integrity flaws had been found and that it was not appropriate to appoint Gofman as Mossad chief.
The attorney general also says the committee failed to hear directly from Elmakayes or from a relevant senior military intelligence officer, instead relying in part on media interviews.
Netanyahu, who appointed Gofman to head the Mossad starting in early June, for a five-year term, submitted his own response to the court on this past Friday, arguing that the decision fell within his executive authority. The Prime Minister also said that his assessment of the matter was “dozens of times superior” to that of the court, adding that Gofman’s integrity was “found pure,” and describing him as the most qualified candidate.
Other coalition figures responded to the attorney general with sharp criticism, including National Security Minister Itamar Ben-Gvir. Ben-Gvir accused Baharav-Miara of fighting the state, while Finance Minister Bezalel Smotrich said her position was “one step too far” and vowed to advance legislation splitting the attorney general’s role in the Knesset’s summer session.