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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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New York’s Israel Day parade was a shanda — but not because of Mamdani

Mayor Zohran Mamdani made the right decision in skipping the city’s annual Israel Day Parade — because of the specific Israeli officials the parade honored.

American Jews have the right to celebrate Israel’s existence, if they find it to be a meaningful part of their personal Jewish identities. But Mamdani’s specific decision not to march in this specific parade, this year, alongside far-right ministers Bezalel Smotrich, Amichai Chikli and Ofir Sofer, is defensible. Those painting that choice as a sign of antisemitism have a lot of explaining to do about whose company they choose to keep.

Chikli, Israel’s minister of diaspora affairs and combating antisemitism — the man who is supposed to be the voice of diaspora Jews in Israel — has used his platform to spread hatred. He has described LGBTQ+ Pride events as “disgraceful vulgarity”; courted far-right European extremists like Tommy Robinson while parroting their Islamophobic statements; and called antisemitic dog whistles deployed against George Soros by the like of Elon Musk “anything but antisemitism” — while serving as the minister tasked with combating antisemitism.

His behavior has been so outrageous that in 2025, hostage families and Jewish community leaders across Europe signed letters calling him an “inappropriate representative,” citing his statements calling for the expulsion of people from Gaza and southern Lebanon, which they said amounted to support for ethnic cleansing.

Smotrich’s record of inflammatory statements is even more extensive. In 2023, he called for the Palestinian village of Hawara in the West Bank to be destroyed by the state, saying “I think the village of Hawara needs to be wiped out” shortly after a shocking settler attack there that some compared to a pogrom. The United States State Department decried those remarks as “repugnant” and “disgusting.”

Smotrich has since called for Gaza to be emptied of its Palestinian population, and has spearheaded the radical expansion of Israeli settlements in the West Bank, advocating for annexation with the explicit intent of preventing the establishment of a Palestinian state. He himself says the International Criminal Court’s Office of the Prosecutor has reportedly filed a secret arrest warrant application against him for alleged war crimes and crimes against humanity in the occupied West Bank.

At the Sunday parade, Smotrich approvingly told attendees that the event reminded him of the Jerusalem Flag March, an ultra-nationalist procession where participants this year chanted “Death to Arabs” and attacked Palestinian residents.

And Ofir Sofer, Israel’s immigration and absorption minister, has called for changes to Israel’s Law of Return, complaining that many new immigrants to Israel are not Jewish under Orthodox halachic standards. His vision of Israel includes no room for Reform Jews, secular Jews or partial-heritage Jews.

These are the people Mamdani was supposed to join in celebration?

Mamdani did not refuse to celebrate Jewish life. He refused to endorse these deeply problematic Israeli officials by appearing alongside them. That is not a slap in the face to Jewish New Yorkers. It is, if anything, a gesture of respect toward the many Jewish New Yorkers, including me, who find Chikli, Smotrich and Sofer an embarrassment and a threat to the diverse, pluralistic, egalitarian Judaism we actually practice.

Mamdani has stated clearly that he believes Israel has a right to exist, although not as a hierarchy that favors Jewish citizens over others. He has backed his administration’s Office to Combat Antisemitism and proposed expanded funding for hate crime prevention. He guaranteed a robust police presence at the Israel parade, spending weeks planning to ensure it proceeded, in his words, “seamlessly and peacefully” — as it did.

None of this fits the profile of an antisemite.

And those who criticized Mamdani’s refusal to participate are failing to grapple with an important truth: Mamdani’s politics, whatever one thinks of them, are not alien to American Jewish life. They are, instead, increasingly central to it.

A poll by the Jewish Voter Resource Center, released just this week, found that almost half of American Jews under 35 support a binational state: a single country in Israel, the West Bank and Gaza, governed by all its inhabitants together. Among non-Orthodox Jews under 35, that figure reaches 51%.

This is not a fringe position on the left flank of the community. It is a near-majority position among the next generation of American Jews. Add to that the fact that a 2025 survey by Jewish Federations of North America — not a left-wing organization — found that only 37% of American Jews overall identify as Zionist at all, while among young Jews aged 18 to 34, the share identifying as anti-Zionist or non-Zionist has reached nearly a third.

As J Street president Jeremy Ben-Ami put it: “The growing disaffection of younger Jewish Americans from Israel is a direct consequence of the policies of Bibi Netanyahu and the way the American Jewish establishment has demanded an ‘Israel right or wrong’ loyalty.”

When we ask whether Mamdani’s absence alienates Jewish New Yorkers, we need to ask: which Jewish New Yorkers? Did Mamdani marginalize himself from American Jewish life — or did the parade organizers, by welcoming these ministers, marginalize themselves from a large and growing portion of it?

The questions at the heart of this controversy — what Zionism means, whether anti-Zionism is compatible with Jewish solidarity, and how to honor Israeli independence while acknowledging Palestinian catastrophe — are genuine, difficult and deeply contested. I have colleagues I respect on multiple sides. I have family members who would disagree with everything I have written here.

But a parade is the worst possible venue for this conversation. A parade is not a symposium. It is not a town hall. It is a celebration, a statement of solidarity, an embodiment of a particular political position. Attending it is an endorsement of that position. And when the parade features ministers who demean Reform Jews, court European neo-fascists, advocate for the further reduction of Palestinian rights and liberties, and favor restricting who counts as Jewish enough to return to a Jewish state, the act of marching becomes an endorsement of those things, too.

We do need richer, more honest, more nuanced conversations about Zionism, anti-Zionism, Israel, and diaspora Jewish identity. Those conversations are happening, in synagogues, in classrooms and in the pages of Jewish publications like this one. They deserve serious venues and serious interlocutors.

Fifth Avenue on a Sunday afternoon, with Chikli, Bezalel and Sofer as honored guests, is not that venue.

Mamdani was right to decline to issue that endorsement. To the Jewish establishment that has called him an antisemite for it: I would ask you, with all due respect, to look again at who you invited to the party.

The post New York’s Israel Day parade was a shanda — but not because of Mamdani appeared first on The Forward.

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Marilyn Monroe would be 100 today. Are we making too much of her conversion?

Back in 2019, Marilyn Monroe’s menorah, a gift from her former in-laws, sold at auction for more than $112,000. The candle in the wind jokes wrote themselves, but how exactly the tragic actress lived her life has long been a point of Jewish fascination.

The effort to make Monroe a Jewish icon is almost certainly strained, though not baseless.

Born Norma Jean Mortenson, she converted to Judaism in 1956 ahead of her nuptials with Arthur Miller. That this detail still commands such attention can’t easily be divorced from certain stereotypes of their mismatched pairing: the beauty and the brain. He, balding and bespectacled, she, a peroxide paragon of bombshell beauty. Philip Roth didn’t need to write about it — Joyce Carol Oates did instead.

But Monroe’s attachment to Judaism, beyond leaving behind such effects as the menorah and an annotated siddur (sold for $21,000 in 2018), may be overstated, even as she continued to identify as a “Jewish atheist” after her 1961 split with Miller. That she engaged with her lessons with some seriousness, according to the rabbi who converted her, may be more a testament to her curiosity and intelligence than a true demonstration of faith.

In 2015, the Jewish Museum in New York offered a useful contrast. An exhibition hosted Andy Warhol’s portraits of Monroe and Elizabeth Taylor presented as a diptych. Taylor’s conversion came about after the death of a Jewish husband and remained important to her through the rest of her life, extending to pro-Israel causes and activism on behalf of Soviet Jewry. (Taylor was buried by a rabbi, Monroe by a Lutheran minister.)

Both women had their films banned in Egypt on account of their adopted faith — in the case of Taylor, this meant completing Cleopatra in Rome. Only one could be said to have lived a thoroughly Jewish life, though Monroe’s death is certainly a mitigating factor, the subject of so many “what ifs.”

When we look at Marilyn as a coreligionist, it may say more about us than her. I suspect the fact she didn’t “look Jewish” is what makes her affiliation matter to so many.

But the affiliations that truly matter are in the credits: Billy Wilder, Tony Curtis, Charles Lederer, Lee Strasberg. The work, or Avodah, is captured in celluloid: the way Sugar Kane takes a belt from her flask and tucks it in her garter or Lorelei Lee swats at her suitors with a fan.

It is Marilyn, not Norma Jean, not Miriam bat Sarah, who continues to have immense cultural cachet, already long exceeding her brief time on earth.

 

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Retracing the epic journey of the world’s oldest Jew

I, A Wandering Jew. A Five-Century History of our Modern Condition
Yair Mintzker
Princeton University Press, 272 pages, $29.95.

My father, an American-born son of Belarusian immigrants, bought the record when it first came out in 1960 and we enjoyed listening to it to no end. Mel Brooks and Carl Reiner’s album The 2,000 Year Old Man featured Brooks as a somewhat laconic old man who responded in Yiddish-inflected English to Reiner’s guileless questions about his long life.

The improvised sketch had apparently begun 10 years earlier, when Reiner, who worked with Brooks on a TV show, turned to him, while testing a new tape-recorder, and asked, “Is it true you were at the scene of the Crucifixion, 2000 years ago?” Jesus Christ, Brooks quipped, was a “nice boy, wore sandals.” William Shakespeare, however, had “the worst penmanship” and when asked if he knew Joan of Arc, Brooks blurted out, “Knew her? I dated her!”

As a kid of 9, I didn’t think that their shtick was anything other than funny. But in retrospect, I can see that the Yiddishkeit tone and audacity of the conceit also answered something bigger and much more sinister. The Shoah had only just ended, the weekend before, as it were. So, the immortality and know-it-all comedy of Brooks’ hero expressed resiliency and social integration in the face of nothing less than genocide. “The 2000 Year Old Man” was, in a Borscht Belt voice, an affirmation of life. My fondness for Brooks resurfaced during the haze of high school, and remained in the back of my mind as decades went by, but it wasn’t until reading Yair Mintzker’s new book, I, Wandering Jew, that I came to appreciate another dimension of its significance, namely, its evocation of the figure of the Wandering Jew.

Originally, the Wandering Jew was an antisemitic trope Christians used to explain the marginality and foreignness of Jews in European society. A cobbler stood at the doorstep of his Jerusalem shop, according to the story, as Jesus labored by, hauling his burden to his death. Refusing his request for help, Jesus cursed the cobbler, who inexplicably came to be known as Ahasverus, the name of a Persian king, to live eternally in exile until the Second Coming. The Jews were thus condemned to a de-territorialized, homeless fate as Christ deniers.

Ahasverus appears and reappears in various forms over the course of European history — often as a tall, severe man who spoke several languages, never laughed and criticized people for moral failures. His story spread in ballads, poems and novels — and eventually in Nazi propaganda — to support the claim that Jews were not only alien to European culture and society but could never live together with Aryans.

Mintzker, a Princeton history professor, has written an intriguing book that traces the legend of the Wandering Jew over the centuries in reverse chronological order, eventually to arrive at the salience of the figure’s story in the author’s own life and times.

The first of his five examples is set in Israel, just a few years after the nation achieved independence, when a mysterious man, known by some as Ben Shoushan, caught the attention of a journalist as he disembarked at the port of Haifa with a forged Moroccan passport that dated his birth in 1902. He seemed to be both middle-aged and ageless, perhaps mad or possibly a genius. The author Eli Weisel had met him at one point immediately after the war and also couldn’t quite make sense of who he was — perhaps a “Kabbalist, comedian and anarchist”? The mystery man, lacking an origin or an income, claimed to speak 30 languages and was said to love riddles.

He spent time in two religious kibbutzim near Tel Aviv. The kibbutzniks recalled him as a harsh, unbearable, eccentric man who lectured on the Talmud, rotating between the communities until he was expelled from both. Leaving Israel in 1956, he was spotted in a Jewish community in Uruguay, where he was regarded as a Wandering Jew, an identity he apparently embraced. In other words, Shoushan was at once a real person, in Mintzker’s view, who also seemed to project a post-Holocaust trope, as of the survival of the Jewish stranger but also the survival of  the unconventional Jewish intellectual.

Another version appeared in The Nag, which was an allegorical, 1873 Russian novel by Sholem Yakev Abramovitch in which a broken-down, talking horse declares herself to be a “wandering mare” and demands justice rather than mercy from her tormentors. Abramovitch’s image of the Wandering Jew was somewhat veiled, although the reticent, pitiful animal does admit to being both a horse, passing from one harness to another, and something else. Unable to live or die, she says she wants only to belong — but is dismissed as not human.

In Jewish Memorabilia, Jacob Schudt, who was a Protestant scholar from Frankfurt, adopted the sort of doctrinal view of the legend that the eternal exile of the Jews from Israel was a punishment for having rejected Christ. The final installment of the four-volume work apparently brimmed with antisemitic views that criticized how Jews looked, their lack of hygiene, and purported greed, as well as their supposed penchant for self-flattery. Schudt dismissed the Wandering Jew as nothing more than a fable by which the lower classes could perceive and understand Jews. Yet he also recognized certain flaws in the story — that it contradicted Christ’s compassion, for one. Lacking historical support, Schudt went on to conclude that the story was probably of Catholic origin, or perhaps the result of nothing more than a publisher’s money-making scheme. The figure of Ahasverus, in other words, was a contradiction that featured a real personage who simultaneously never existed.

Mintzker then turns to the centerpiece of the story, an anonymous German broadsheet, the Kurtze Beschreibung, which was a wildly popular text that was first published in 1602 and then republished a dozen times throughout the rest of the century.

It cast Ahasverus as a strange man who met a Lutheran theologian and explained to him that he was a Jewish shoemaker who had been born 1,500 years earlier in Jerusalem, when and where he had refused to help Christ on his way to the Crucifixion and had been cursed to wander the earth until the return of the Messiah. The account included details of the Crucifixion, the deaths of the Apostles, and about Ahasverus himself — for example that he spoke German with a Saxon accent.

Mintzker strives to pin down the author of the pamphlet and how its contents changed over the course of the 17th century. He marshals quite a bit of detailed evidence that leads him to conclude that Paul von Eitzen, a leading a 16th century Lutheran official and contentious pastor in Hamburg who claimed to have met Ahasverus in the 1540s, must have written it. Readers of the pamphlet, Mintzker also notes, would certainly have been able to identify both von Eitzen and the man he called Ahasverus in this version of the story, who was likely a notoriously uncompromising anti-Calvinist named Tilemann Heshusius.

In the final chapter of his well-paced book, Mintzker turns his gaze upon himself — to the meaning of the Wandering Jew in his own life as a yored, an Israeli expatriate.

Mintzker was born and raised in an upper middle-class, progressive Ashkenazi family in Jerusalem, but eventually left the country to go study and then work in the United States. He had learned about Ahasverus from a close high school friend but only came to identify with him in New Jersey, where the image of exile, and of Jews as “eternal strangers,” haunted him and became more and more salient, particularly amid the violence of the past few years in Israel. With the rise of anti-Zionism, Mintzker admits, he came to “embrace the figure of Ahasverus … as a model for political life” but also for his own sense of self.

The 2,000 Year Old Man clearly echoed the legend of the Wandering Jew, in a chutzpadik voice that entertained diaspora American Jews during the immediate post-Holocaust years. But wasn’t this precisely Mintzker’s point? The trope’s meaning, as his book shows us, shifted across time and place. Thus, in this last expression, he comes to own it as an acknowledgement of his own disquiet and alienation, which he connects to his yored autobiography and recent events in Israel that have called Zionism into question. In doing so, the story of the Wandering Jew has shed its antisemitic, racialized roots, or justification for exile once again, to be read anew as a trope of Mintzker’s (and perhaps our) estrangement from contemporary Israeli society. A timely read.

The post Retracing the epic journey of the world’s oldest Jew appeared first on The Forward.

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