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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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Unredacted Epstein files and planned deposition thrust Jewish philanthropist Leslie Wexner back into spotlight
(JTA) — Newly released federal investigative documents and a looming congressional deposition have renewed scrutiny of Leslie Wexner, the Ohio billionaire philanthropist long known in the Jewish world for his leadership and largesse — and more recently for his decades-long association with the late financier and convicted sex offender Jeffrey Epstein.
Wexner, the founder of retail giant L Brands and the Wexner Foundation, was publicly named Tuesday by U.S. Rep. Ro Khanna as one of six powerful men whose identities had been redacted from millions of pages of “Epstein Files” released Jan. 30 by the Department of Justice under the Epstein Files Transparency Act.
Khanna, speaking from the floor of the House, said the FBI had labeled Wexner an “unindicted co-conspirator” in investigative documents drafted shortly after Epstein’s 2019 death, although the files also note “limited evidence” against him.
The appearance of Wexner’s name in those unredacted records, and the broader controversy over redactions, has thrust the 88-year-old benefactor back into public debate. Wexner has not been charged with any crime in connection with Epstein’s sex-trafficking offenses and has repeatedly denied knowledge of Epstein’s criminal conduct. Prosecutors and Justice Department officials emphasized that inclusion in the files does not equal guilt.
The relationship between the two men began in the late 1980s, when Wexner brought Epstein on as a financial adviser; Wexner later granted Epstein power of attorney beginning in 1991, and federal records describe how Epstein used that authority in property and other transactions before the two men reached a 2008 settlement in which Epstein paid Wexner $100 million after Wexner accused him of theft or misappropriation. Wexner publicly accused Epstein of theft before his death, but the size of the repayment was revealed in the latest documents.
Within the Jewish community, Wexner has been a towering figure: his foundation’s prestigious fellowships have trained waves of rabbis, lay leaders and nonprofit executives, and his philanthropy has funded Jewish education and institutions for decades. But the Epstein connection has been a source of tension. In recent years, Jewish leaders who benefited from Wexner-funded programs publicly wrestled with what some described as an “unease” about his past association with Epstein. At least two rabbis have made public commitments to donate to victims of sex trafficking to compensate for the benefits they received from his Jewish philanthropy.
Amid the latest disclosures, Wexner is slated to give sworn testimony before the U.S. House Committee on Oversight and Government Reform on Feb. 18, in what is expected to be a closed deposition rather than an open hearing. Committee leaders have not said whether the transcript will be released publicly, a decision that could shape how much light is shed on the nature of Wexner’s ties to Epstein.
The post Unredacted Epstein files and planned deposition thrust Jewish philanthropist Leslie Wexner back into spotlight appeared first on The Forward.
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Trump Says No ‘Definitive’ Agreement With Netanyahu, US Talks With Iran to Continue
US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu reach to shake hands at a joint press conference in the State Dining Room at the White House in Washington, DC, US, Sept. 29, 2025. Photo: REUTERS/Jonathan Ernst
President Donald Trump said after talks with Israeli Prime Minister Benjamin Netanyahu on Wednesday they reached no “definitive” agreement on how to move forward with Iran but he insisted negotiations with Tehran would continue to see if a deal can be achieved.
Netanyahu, who had been expected to press Trump to widen diplomacy with Iran beyond its nuclear program to include limits on its missile arsenal, stressed that Israel’s security interests must be taken into account but offered no sign that the president made the commitments he sought.
In their seventh meeting since Trump returned to office last year, Netanyahu – whose visit was more muted than usual and closed to the press – was looking to influence the next round of US discussions with Iran following nuclear negotiations held in Oman last Friday.
The two leaders spoke behind closed doors for more than two and a half hours in what Trump described as a “very good meeting” but said no major decisions were made and stopped short of publicly accepting Netanyahu’s entreaties.
Trump has threatened strikes on Iran if no agreement is reached, while Tehran has vowed to retaliate, stoking fears of a wider war as the US amasses forces in the Middle East. He has repeatedly voiced support for a secure Israel, a longstanding US ally and arch-foe of Iran.
In media interviews on Tuesday, Trump reiterated his blunt warning to Iran, while saying he believes Tehran wants a deal.
“There was nothing definitive reached other than I insisted that negotiations with Iran continue to see whether or not a Deal can be consummated,” Trump said in a social media post after the meeting with Netanyahu. “If it can, I let the Prime Minister know that will be a preference.”
“If it cannot, we will just have to see what the outcome will be,” Trump added, noting that the last time Iran decided against an agreement the US struck its nuclear sites last June.
TRUMP SAYS NO TO IRANIAN NUCLEAR WEAPONS, MISSILES
Trump told Fox Business in an interview broadcast on Tuesday that a good deal with Iran would mean “no nuclear weapons, no missiles,” without elaborating. He also told Axios he was considering sending a second aircraft carrier strike group as part of a major US buildup near Iran.
Israel fears that the US might pursue a narrow nuclear deal that does not include restrictions on Iran‘s ballistic missile program or an end to Iranian support for armed proxies such as Hamas and Hezbollah, according to people familiar with the matter. Israeli officials have urged the US not to trust Iran‘s promises.
Iran has rejected such demands and says the Oman talks focused only on nuclear issues.
“The Prime Minister emphasized the security needs of the State of Israel in the context of the negotiations, and the two agreed to continue their close coordination and tight contact,” Netanyahu’s office said in a statement after Wednesday’s talks.
The two leaders had also been expected to talk about potential military action if diplomacy with Iran fails, one source said.
Iran has said it is prepared to discuss curbs on its nuclear program in exchange for lifting sanctions but has ruled out linking the issue to missiles.
“The Islamic Republic’s missile capabilities are non-negotiable,” Ali Shamkhani, an adviser to Iran‘s supreme leader, said on Wednesday.
Netanyahu’s arrival at the White House was lower-key than usual. The two leaders were shown shaking hands in a photo released by the Israeli Embassy. But unlike previous Netanyahu visits with Trump, a press pool was not allowed into the Oval Office. It was not immediately known why he received such low-profile treatment.
GAZA ON THE AGENDA
Also on the agenda was Gaza, with Trump looking to push ahead with a ceasefire agreement he helped to broker. Progress on his 20-point plan to end the war and rebuild the shattered Palestinian enclave has stalled, with major gaps over steps such as Hamas disarming as Israeli troops withdraw in phases.
“We discussed the tremendous progress being made in Gaza, and the Region in general,” Trump said after the meeting.
Netanyahu’s visit, originally scheduled for Feb. 18, was brought forward amid renewed US engagement with Iran. Both sides at last week’s Oman meeting said the negotiations were positive and further talks were expected soon.
Trump has been vague about broadening the negotiations. He was quoted as telling Axios on Tuesday that it was a “no-brainer” for any deal to cover Iran‘s nuclear program, but that he also thought it possible to address its missile stockpiles.
Iran says its nuclear activities are for peaceful purposes, while the US and Israel have accused it of past efforts to develop nuclear weapons.
During a 12-day war last June, Israel heavily damaged Iran‘s air defenses and missile arsenal. Two Israeli officials say there are signs Iran is working to restore those capabilities.
Trump threatened last month to intervene militarily during a bloody crackdown on anti-government protests in Iran, but ultimately held off.
ISRAEL WARY OF A WEAKENED IRAN REBUILDING
Tehran’s regional influence has been weakened by Israel’s June attack, losses suffered by its proxies in Gaza, Lebanon, Yemen and Iraq, and the ousting of its ally, former Syrian President Bashar al‑Assad.
But Israel is wary of its adversaries rebuilding after the multifront war triggered by Hamas’s Oct. 7, 2023, assault on southern Israel.
While Trump and Netanyahu have mostly been in sync and the US remains Israel’s main arms supplier, they appear to be at odds on another key issue.
Part of Trump’s Gaza plan holds out the prospect for eventual Palestinian statehood – which Netanyahu and his coalition have resisted.
Netanyahu’s security cabinet on Sunday authorized steps that would make it easier for Israeli settlers in the West Bank to buy land while granting Israel broader powers in what the Palestinians see as part of a future state.
The decision drew international condemnation, and Trump on Tuesday reiterated his opposition to West Bank annexation.
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Gaza Peace Plan Stalls Amid Reports of US Allowing Hamas to Keep Some Arms, Israel Readying New Offensive
Israeli military vehicles drive past destruction in Gaza, as seen from the Israeli side of the Israel-Gaza border in southern Israel, Jan. 21, 2026. Photo: REUTERS/Amir Cohen
The US-backed plan to end the war in Gaza appears to have hit major roadblocks, with Hamas reportedly being allowed to keep some small arms and Israel readying its military for a new offensive to disarm the Palestinian terrorist group.
According to a New York Times report, officials involved in the US-led Board of Peace have drafted a plan that would let Hamas retain small arms while giving up longer-range weapons, a move Israeli officials warn would let the terrorist group maintain its grip on Gaza.
The compromise could further strain the already fragile ceasefire, under which further Israeli military withdrawals from Gaza are tied to Hamas’s disarmament.
The draft plan reportedly calls for a “phased disarmament” of Hamas over several months, with heavy weapons “decommissioned immediately.” However, details remain unclear on where surrendered arms would go or how the plan would actually be enforced.
The initial framework would also require “personal arms” to be “registered and decommissioned” as a new Palestinian administration takes charge of security in the war-torn enclave.
Israel has previously warned that Hamas must fully disarm for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the Islamist group’s control.
If the Palestinian terrorist group does not give up its weapons, Israel has vowed not to withdraw troops from Gaza or approve any rebuilding efforts, effectively stalling the ceasefire agreement.
The Israel Defense Forces (IDF) currently occupy 53 percent of the Strip, with most of the Palestinian population living in the remaining portion of the enclave under Hamas control.
Israeli Prime Minister Benjamin Netanyahu has insisted the country will not accept anything less than the full demilitarization of Gaza, pledging to prevent Hamas from carrying out another attack like its Oct. 7, 2023, invasion of and massacre across southern Israel. The attack, in which Hamas-led Palestinian terrorists killed 1,200 people, kidnapped 251 hostages, and perpetrated rampant sexual violence, launched the war in Gaza, where Hamas had total governing control before Israel’s military campaign.
Under US President Donald Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.
According to media reports, the ISF could total around 20,000 troops, though it remains uncertain whether the multinational peacekeeping force will actually help disarm Hamas. Indonesia, one of the contributing members, announced this week that it could provide up to 8,000 soldiers.
Hamas has repeatedly rejected disarmament, with senior official Khaled Meshal most recently suggesting that the group has never agreed to surrender its weapons.
“As long as there’s an occupation, there’s resistance,” Meshal said during the Al Jazeera Forum in Doha on Sunday.
Amid rising tensions, Israel is planning to resume military operations in the Gaza Strip to forcibly disarm Hamas, with the Times of Israel reporting that the IDF is drawing up plans for a renewed major offensive.
Israeli Defense Minister Israel Katz warned that Hamas will be disarmed by force if it continues to violate the ceasefire and pose a threat to Israel’s security.
“If Hamas does not disarm in accordance with the agreed framework, we will dismantle it and all of its capabilities,” the Israeli defense chief said this month.
Since the ceasefire took effect last year, both sides have accused each other of violations. This month, Israeli officials said that Hamas “has violated the agreement and focused its efforts on restoring its military capabilities.”
If Israel undertakes a renewed offensive, it could be far more intense than the IDF’s previous operations in Gaza over the past two years of conflict, which were constrained by efforts to protect the hostages.
Israeli officials have insisted that Hamas terrorists will continue fighting as long as they have access to weapons.
Last week, the IDF announced that a Hamas terrorist responsible for a deadly 2004 double suicide bombing, which killed 16 Israeli civilians and wounded over 100, was killed in an Israeli airstrike in the Gaza Strip.
The operation was part of a series of targeted strikes against terrorist operatives, carried out in response to an attack by gunmen on Israeli troops in the northern Gaza Strip, during which a reservist officer was seriously wounded.
Captured in 2004 and sentenced to prison, Basel Himouni was later released and exiled to Gaza in a 2011 deal, in which Israel exchanged 1,027 terror prisoners for captive IDF soldier Gilad Shalit.
According to the IDF, since his release, Himouni “returned to recruiting attackers and directing terrorist activity.”