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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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How a Jewish play from 1908 enshrined the idea of America as a cultural ‘melting pot’

It’s long been unfashionable to refer to the United States as a “melting pot.” Identity politics and multiculturalism have undermined the ideal of an assimilation so complete that it obliterates ethnic distinctions. Now the persistence of difference is hailed, at least in some quarters, as enriching rather than estranging, even if the associated metaphors — “salad bowl,” “kaleidoscope,” “mosaic” — lack poetic vigor.

The first reference to the U.S. as a melting pot is said to date to J. Hector St. John de Crèvecoeur’s 1782 Letters from an American Framer, in which he wrote: “Here individuals of all nations are melted into a new race of men.” Similar notions surfaced in the writings of Ralph Waldo Emerson, Henry James and the historian Frederick Jackson Turner. But it was Israel Zangwill’s 1908 play, The Melting Pot, that injected that industrial metaphor into the national consciousness.

Set in New York City, the play is a love story between a musically gifted Russian Jewish immigrant of Sephardic extraction and a gentile settlement house worker from the pogrom-wracked city that he fled. Its backdrop is the turmoil of an early 20th-century America trying to make sense of massive waves of Eastern European, and particularly Jewish, immigration. The playwright was an English Jew, a disillusioned Zionist who had begun looking to the U.S. as the promised land.

After its debut in Washington, where it was praised by President Theodore Roosevelt, The Melting Pot moved to Broadway in 1909 and has since enjoyed occasional revivals. Crescendoing debates around immigration, antisemitism and who deserves to be an American seem to lend it renewed currency.

So, at least, was the reasoning of Jesse Bernstein, producing artistic director of Philadelphia’s Theatre Ariel, whose focus is Jewish-themed work. Bernstein adapted and directed Zangwill’s play, and has teamed with the Philadelphia Artists’ Collective, which produces rarely seen classics, to mount it. Their streamlined, modern-dress version, part of the America250 celebration, opened Wednesday at Philadelphia’s historic Arch Street Meeting House.

The characters in Zangwill’s play represent a spectrum of early 20th-century attitudes. Photo by Wide-Eyed Studios

Bernstein said in an interview that he pruned as much as half an hour from the original (it now runs about 95 intermission-less minutes) with an ear to modern sensibilities. He also has made some additions that undercut the play’s triumphalism. The Melting Pot nonetheless remains an odd fusion of melodrama and polemic, interesting mostly as an historical curiosity.

Bernstein’s direction does the piece no favors with a stiff, presentational style, in which characters frequently address the audience rather than one another. On the other hand, when they turn away, the meeting house’s unfavorable acoustics make them more difficult, sometimes impossible, to hear. Offstage characters sit in chairs behind the action awaiting their cues. Meghan Jones’s spare set, representing both the Quixano family home and different locations within the settlement house, is draped with oriental rugs and strewn with steamer trunks and valises.

The protagonist, David Quixano, played with endearing sensitivity by Adam Galloway, survived the infamous 1903 Kishinev pogrom, in which all his immediate family were murdered and he himself was shot and left for dead. After that trauma, America has become both his dream and his salvation. In New York, he lives with his cynical uncle, Mendel, also a musician; his Yiddish-speaking grandmother; and an Irish American housemaid, Kathleen (Jessy Gruver), who wrestles comically with Jewish customs and dietary laws.

Through a violin concert, David meets and falls for the lovely Vera (Lexi Thammavong), a former Russian “revolutionist” who now combats poverty through settlement house work. David is composing an American symphony that will convey his rapturous views of his adopted homeland. He finds a ready admirer in the German conductor Herr Pappelmeister (Adam Pelta-Pauls, speaking convincing German).

Israel Zangwill, 1913. Photo by Topical Press Agency/Getty Images

Standing in David’s way, personally and professionally, are two villains — the wealthy, unscrupulous nativist Quincy Davenport (Eli Lynn), a married man who lusts after Vera,  and Vera’s estranged father, Baron Ravendal (Brian McCann), a reactionary Russian military commander who turns up unexpectedly. McCann brings a strangely mannered intensity to a role that is already a caricature.

Zangwill’s characters represent a spectrum of early 20th-century attitudes. Ravendal and Davenport, brutal in different ways, both give free rein to their antisemitism. Frau Quixano (played by a bewigged McCann) and Mendel Quixano (J Hernandez, appropriately world-weary) reflect the resistance of older immigrants to assimilation — and especially to its culmination in interfaith romance.

The Melting Pot is deadly serious at times, larded with apocalyptic symbolism and images of Jewish suffering. But it also has its share of comedy, including the maid Kathleen’s gradual embrace of Jewish traditions and some playful digs directed at critics.

It is up to David, the musical prodigy, to articulate the famous message at the play’s core. Early on, he declares his fealty to a new American ideal:

America is God’s Crucible, the great Melting-Pot where all the races of Europe are melting and re-forming! …A fig for your feuds and vendettas! Germans and Frenchmen, Irishmen and Englishmen, Jews and Russians—into the Crucible with you all! God is making the American. The real American has not yet arrived. He is only in the Crucible, I tell you — he will be the fusion of all races, perhaps the coming superman.

David returns repeatedly to this soaring rhetoric, lauding American greatness born of industrial-grade homogenization, and seeking to embody it in his symphony.

The original play ended exuberantly, with both love and David’s melting pot vision of “the glory of America” conquering all. Bernstein’s adaptation, with its insistence on relevance, duly complicates that vision. He wraps the action with supporting characters challenging David’s view of American harmony, and with the future of the betrothed couple clouded in doubt.

The Melting Pot runs at the Arch Street Meeting House, 320 Arch St., Philadelphia, through Nov. 8.

The post How a Jewish play from 1908 enshrined the idea of America as a cultural ‘melting pot’ appeared first on The Forward.

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‘I wanna blow up a synagogue’: Online posts lead to hate crime charge against Utah man

(JTA) — A Utah man accused of possessing explosive devices, searching online for nearby synagogues and making online threats to kill Jews is due in court Friday to face charges including attempting to commit a hate crime.

A federal grand jury indicted Skyler AJ Rose, 22, on Wednesday, the Department of Justice said in a release.

Rose allegedly made threats on social media, including “I wanna blow up a synagogue,” leading the FBI to join the Ogden City Police Department in a search of his home, where they allegedly discovered six pipe bombs, two rifles and ammunition.

A review of a cellphone seized from the home allegedly showed that Rose had searched online for a nearby synagogue, according to the Department of Justice.

The charges Rose faces include possession of an unregistered destructive device, threats to kill and injure people and to destroy a building, and attempting to commit a hate crime.

This article originally appeared on JTA.org.

The post ‘I wanna blow up a synagogue’: Online posts lead to hate crime charge against Utah man appeared first on The Forward.

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Will this election end the battle over drafting Haredi men into the Israeli army?

(JTA) — Whether to extend military conscription to haredi men, a longstanding question  fueling political tensions in Israel, has boiled over since Hamas launched the current war with Israel with its deadly raids on Oct. 7, 2023.

Hundreds of thousands of Israeli soldiers and reservists battled on Israel’s southern and northern fronts and the manpower needs, especially in combat units, increased dramatically. Reservists served for extended periods and many of those serving in the standing army were forced to remain for an extra four months or longer – at an enormous price to soldiers’ families and to Israel’s economy. For the ultra-Orthodox, the Torah study that young men carry out in place of military service provides an important spiritual defense for the Jewish state. Community leaders are extremely fearful that young men will be unable to practice or outright abandon a haredi lifestyle as a result of army service with secular and modern Orthodox Jews.

In some parts of the country, families continue to bury their dead from the battlefield, while in others Haredi protestors block roads and tussle with police to avoid the draft. The preferred political solution of kicking the can down the road on this deeply divisive issue – which has lingered in legislative limbo for decades – might finally come to an end with the Oct. 27 elections.

Which Israelis are currently drafted to the army, and what are their conditions of service?

Most Jewish Israeli men and women are subject to compulsory service at age 18. Men currently serve 32 months, and women generally serve 24, although some roles require longer service. Conscripts are generally allowed to defer service for a year or two in order to attend pre-military programs. Exemptions for service may apply for medical, religious, family or other legally recognized reasons. Druze and Circassian men are generally drafted, while Israeli Arabs are generally not. Conscripts who ignore draft orders are subject to sanctions that can ultimately lead to imprisonment.

Upon completion of compulsory service, most soldiers are placed in reserve units, and are called up periodically for training and for active duty in wartime. Reserve duty is generally mandatory until age 40 for non-officers and 45 for officers. Enforcement of a call up order for reserve duty is traditionally less severe than enforcement of compulsory service; sanctions against reservists who avoid call ups are rare.

Following the outbreak of war on Oct. 7, hundreds of thousands of reservists were called up for extended periods. Between the outbreak of war and the end of 2025, some 28% of male reservists and 20% of female reservists served for over 150 days. Current IDF policy allows for up to 55 days of reserve duty per year for combat soldiers, compared to a cap of 54 days over three years (18 days per year on average) prior to the war.

Are Haredim legally exempt from IDF service?

No. Historically, a small number of full-time haredi yeshiva students were allowed to defer service until they aged out of eligibility, amounting to a de-facto exemption. As the share of Haredim in the population grew, so did legal challenges to their exemption, on grounds of inequality. Since June 2023, there are no longer any legal exemptions in place for haredim, and all haredi men face the same legal requirement to enlist as non-haredim.

What is the mainstream haredi approach to IDF service?

Haredim generally oppose IDF service, although recently some small groups of modernizing haredim appear more open to it. Haredi officials and spiritual leaders argue the Torah study that young men carry out in place of military service provides an important spiritual defense for the Jewish state. At the same time, haredi community leaders view the IDF as a bastion of secularism and are fearful that haredi men will not be able to maintain their lifestyle during service.

Historically, how did the draft exemption for Haredi men begin?

In 1948, Prime Minister David Ben-Gurion agreed to exempt about 400 yeshiva students so Torah scholarship could be rebuilt after the Holocaust. The arrangement expanded gradually, as the military and political leadership tolerated the arrangement for practical and coalition-building reasons. In 1977, Menachem Begin’s government removed important limits on the haredi exemption. As a result, the number of draft-age Haredi men outside the army grew from roughly 7,000 in the late 1970s to tens of thousands by the 2020s.

When did opposition to the exemption first arise?

Opposition grew sharply in the 1980s and 1990s as the haredi IDF exemption grew significantly. Legal challenges to the exemption were initially rebuffed by the court, but were eventually successful, as the Supreme Court in 1998 first deemed the exemption illegal, and ruled that such an exemption needed to be anchored in legislation that met constitutional standards of equality.

Following the 1998 ruling, how did ensuing coalitions deal with this issue?

The two decades following the 1998 ruling saw various legislative and policy proposals aimed at increasing haredi enlistment. Two laws passed, in 2002 and 2014, but both were eventually struck down by the court on grounds of inequality, as they still enabled widespread haredi exemptions. The second law was struck down in 2017, but the court approved numerous extension requests by the government for the provisions of the law to continue to apply until it could come up with a new law. This left the de-facto exemption in place until the law finally expired in June 2023.

Why did coalitions keep trying to exempt significant numbers of haredim instead of drafting them?

First, haredi parties wield significant political power. In recent decades they have usually occupied 15-20 seats in the 120-member Israeli Knesset, and since 2009 have been part of Netanyahu’s right-wing bloc, save for two years (2013-2015). Governments have been wary of enlisting haredim en masse so as not to lose the support of haredi politicians.

Second, the IDF has not always been keen on drafting haredim. Haredim require special accommodations in terms of Kashrut and mixed-gender military bases. Haredim also go through an autonomous education system and special efforts are required to instill in them the motivation and sense of duty that are prevalent in general Israeli society.

So have any haredim served in the IDF in recent decades?

Yes, some specific programs have opened up for haredim, mainly in technology-oriented units. The numbers of annual haredi draftees has fluctuated, but in the years leading up to the expiration of the draft law the average was slightly over 1,000.

What changed in the IDF’s perspective and the perspective of the general public after Oct. 7?

The mass call-up of reservists for extended periods of time brought many Israelis to experience the inequality between them and the haredi public first hand. In addition, the expansion of the war to numerous fronts and new security requirements led to a manpower shortage in the IDF, especially of combat soldiers. Officials have described the shortfall as a national-security issue, and the roughly 100,000 Haredi men aged 18 to 29 are viewed as the only large available pool of potential combat recruits. Researchers have also pointed out that without a new policy the inequality in Israeli society will continue to grow – by 2050 over 40% of the 18-year-old potential male Jewish recruits will be haredi.

What was the outgoing Netanyahu government’s policy after Oct. 7?

The government did not implement significant policy changes to begin drafting haredim in significant numbers, and refrained from instituting sanctions that could have increased the price of draft evasion. The government’s inaction was challenged in court, and the Supreme Court ruled in June 2024 that barring a new law, the continued exemption was illegal. However, the government has continued to push back on attempts by the Attorney General, who leads Israel’s law enforcement apparatus, to abide by the ruling and begin taking measures to increase haredi draft numbers. The government argued in its defense that it was working on a new law which required time.

Did the government pass a new law?

No. The Netanyahu government attempted to pass a new law that would have incrementally increased haredi draft numbers while enabling the majority of haredim to remain exempt. The attempts failed due to push back from legal authorities, the political opposition, the general public, and a number of politicians from within the coalition. Instead, in July 2026, in the final weeks of parliamentary activity prior to the election recess, the Netanyahu-led coalition passed a law to freeze enforcement against haredi draft evaders until after the election. On September 3rd, the Supreme Court struck down this law as well.

So haredi draft numbers have remained at pre-war levels?

No. In order to abide by the 2024 Supreme Court ruling and the Attorney General’s interpretation of that ruling, government officials working within the different ministries removed certain subsidies and privileges from draft evaders, and the police and IDF gradually increased their enforcement efforts. The number of haredi draftees rose as a result. Between July 2025 and the end of June 2026, some 4,298 haredim enlisted, as opposed to 2,811 haredim in the parallel period in 2024-25.

How have haredi rabbis, politicians and the general public responded to growing demands that they enlist?

Leading rabbis affiliated with the three main haredi parties – the non Hasidic Degel Hatorah party, the Hasidic Agudat Yisrael party and the Sephardic Shas party – forcefully opposed IDF service, with some explicitly calling on young haredi men to ignore draft orders should they receive them. Politicians from the three parties also voiced strong opposition to a large increase in haredi draftees, and were willing only to consider minor increases.

A large majority of haredim who received draft orders ignored them, and approximately 90,000 haredi men are legally considered draft evaders, with levels of severity increasing the longer they ignore the orders. Some arrests of draft evaders were met by mass protests and disturbances, including in recent weeks. Some more modernized haredim have increasingly expressed a willingness to serve. These views are represented in two new haredi parties participating in the current election, called Hakahal (roughly translated as “the community”) and Hatzibur Haharedi (“the haredi public”).

 Is the haredi draft issue prominent in the election campaigns?

Yes. In a recent poll by the Israel Democracy Institute, a proposition that the next government should draft haredim equally received the most support among a series of propositions. Nearly all of the Zionist opposition parties have made their intention to increase the haredi draft a prominent part of their campaigns. Some opposition party leaders have attempted to frame the election as a choice between the “draft evasion bloc” and the “bloc that serves.” On the other hand, some haredi rabbis and party leaders have expressed their disappointment with Netanyahu’s failure to manufacture a new exemption, and have stated that they no longer view themselves as part of the Netanyahu bloc. However, they have not stated support for any other candidate and are likely to side with Netanyahu again if he is able to form a new government.

What are the most likely scenarios after the next government is formed?

Three outcomes are plausible:

  1. A compromise: full-time Torah scholars receive a narrow exemption, while others perform military or civilian service under threat of sanctions.
  2. Continued stalemate: the government delays enforcement, leading to further court battles and coalition crises.
  3. Broad enforcement: a government less dependent on haredi parties implements substantially wider enlistment.

The first scenario is probably the most politically workable, but the details will determine whether the courts accept it.

This article originally appeared on JTA.org.

The post Will this election end the battle over drafting Haredi men into the Israeli army? appeared first on The Forward.

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