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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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Iranian Lawmakers Compare Trump to ‘Pharoah,’ Judiciary Chief Vows to ‘Punish’ US President
Cars burn in a street during an anti-regime protest in Tehran, Iran, Jan. 8, 2026. Photo: Stringer/WANA (West Asia News Agency) via REUTERS
Amid soaring tensions with the United States, Iranian lawmakers on Monday cast President Donald Trump as a modern-day Pharaoh and hailed Supreme Leader Ayatollah Ali Khamenei as Moses, framing the nation’s worst domestic crisis in years as a battle of biblical proportions.
During a parliamentary session, Iranian lawmakers vowed that Khamenei would “make Trump and his allies taste humiliation.”
“Our leader would drown you in the sea of the anger of believers and the oppressed of the world, to serve as a lesson for the arrogant world,” Parliament Speaker Mohammad Bagher Ghalibaf was quoted as saying by local media.
Ghalibaf also described the widespread anti‑government protests that have swept the country for weeks as an American‑Israeli plot and a “terrorist war,” claiming the unrest was being orchestrated to destabilize the state.
Tensions between Tehran and Washington have surged sharply in recent weeks, as Iranian security forces struggle to quell anti-regime protests and officials face mounting international pressure over the government’s brutal crackdown.
The nationwide protests, which began with a shopkeepers’ strike in Tehran on Dec. 28, initially reflected public anger over the soaring cost of living, a deepening economic crisis, and the rial — Iran’s currency — plummeting to record lows amid renewed economic sanctions, with annual inflation near 40 percent.
With demonstrations now stretching over three weeks, the protests have grown into a broader anti-government movement calling for the fall of Khamenei and Iranian President Masoud Pezeshkian and even a broader collapse of the country’s Islamist, authoritarian system.
On Sunday, Pezeshkian warned that any attempt to target the country’s supreme leader would amount to a declaration of war, accusing the United States of stoking mass protests that have thrown the nation into turmoil amid reports that Washington is weighing moves against the regime’s leadership.
“If there are hardship and constraints in the lives of the dear people of Iran, one of the main causes is the longstanding hostility and inhumane sanctions imposed by the US government and its allies,” the Iranian leader said in a statement.
The regime has escalated its threats following repeated statements by Trump, who has called for an end to Khamenei’s nearly four decades in power, labeled him “a sick man who should run his country properly and stop killing people,” and warned of possible strikes if the government’s brutal crackdown continues.
In response to Trump’s threats and mounting pressure, Iran’s judiciary chief, Gholamhossein Mohseni Ejei, has declared that authorities will seek to prosecute not only individuals accused of fueling the recent unrest but also foreign governments he blames for backing the protests.
“Those who called for it, those who provided financial support, propaganda or weapons — whether the United States, the Zionist regime or their agents — are all criminals and each of them must be held accountable,” Ejei told local media.
He even threatened to target Trump specifically.
“We will not abandon the pursuit and prosecution of the perpetrators of the recent crimes in domestic courts and through international channels,” the judiciary chief posted on the social media platform X. “The [resident of the United States, the ringleaders of the accursed Zionist regime, and other backers and supporters — both in terms of armaments and propaganda — of the criminals and terrorists behind the recent events are among the perpetrators who, in proportion to the extent and scale of their crimes, will be pursued, tried, and punished.”
Iranian officials have also dismissed Trump’s claims about halting execution sentences for protesters as “useless and baseless nonsense,” warning that the government’s response to the unrest will be “decisive, deterrent, and swift.”
Meanwhile, government officials have hailed victory over what they called one of “the most complex conspiracies ever launched by the enemies of” the country, while expressing deep gratitude to the “smart, noble, and perceptive” Iranian people.
However, the protests have not ceased, with violence continuing and tensions escalating.
The US-based group Human Rights Activists in Iran has confirmed 4,029 deaths during the protests, while the number of fatalities under review stands at 9,049. Additionally, at least 5,811 people have been injured the protests, and the total number of arrests stands at 26,015.
Iranian officials have put the death toll at 5,000 while some reports indicate the figure could be much higher. The Sunday Times, for example, obtained a new report from doctors on the ground, which states that at least 16,500 protesters have died and 330,000 have been injured.
The exact numbers are difficult to verify, as the regime has imposed an internet blackout across the country while imposing its crackdown.
On Monday, National Police Chief Ahmad-Reza Radan issued an ultimatum to protesters involved in what authorities called “riots,” warning they must surrender within three days or face the full force of the law, while urging young people “deceived” into the unrest to turn themselves in for lighter punishment.
Those “who became unwittingly involved in the riots are considered to be deceived individuals, not enemy soldiers, and will be treated with leniency,” Radan was quoted as saying by Iranian media.
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Former Biden Antisemitism Envoy Condemns Harris Campaign’s ‘Antisemitic Inquiry’ of Jewish Gov. Josh Shapiro
Pennsylvania Gov. Josh Shapiro delivers remarks at a bill signing event at Cheyney University, an HBCU in Cheyney, Pennsylvania, US, Aug. 2, 2024. Photo: Bastiaan Slabbers via Reuters Connect
The Biden administration’s deputy special envoy for combating antisemitism accused Kamala Harris’s 2024 presidential campaign of antisemitism following new revelations that the vetting process to determine her running mate for vice president involved grilling Pennsylvania Gov. Josh Shapiro, who is Jewish, on whether he was a “double agent” for Israel.
Jews should be “treated like any other American, regardless of religion, ethnicity, or race. That Gov. Josh Shapiro wrote that he was asked if he was a double agent of the world’s only Jewish state is an antisemitic inquiry,” Aaron Keyak, who also served as the “Jewish engagement director for the Biden-Harris presidential campaign in 2020, said in a statement.
Keyak suggested that Shapiro was “targeted by the staff of the presumptive Democratic presidential nominee” because of his religion, lamenting that the accusation represents a long line of incidents in which federal officials filling roles have “applied a double standard to American Jews during the vetting process.” He added that he had “personal experience” with being asked similar questions and that he has “heard from too many being asked similar questions over many years.”
The statement came after it was revealed that Shapiro was asked during the 2024 Democratic vice-presidential vetting process whether he had ever acted as a “double agent” of the Israeli government, a question he described as deeply offensive and emblematic of a broader problem in how pro-Israel views are sometimes treated in US politics.
In his forthcoming memoir, Where We Keep the Light, Shapiro reflects on being questioned by members of then-US Vice President Kamala Harris’s vetting team about his ties to Israel, including questions of whether he had ever communicated with Israeli intelligence or acted as a “double agent.” Shapiro writes that he immediately pushed back, telling the vetting aide that the question was “offensive” and echoed long-standing antisemitic tropes questioning Jewish Americans’ loyalty.
According to Shapiro, he was told the questions were standard procedure. But the governor, one of the Democratic Party’s most prominent Jewish elected officials, says the experience left him unsettled, particularly because of the historical baggage attached to such accusations.
Shapiro portrays the encounter as “unnecessarily contentious” and suggests in is memoir that no other candidate would be asked whether their faith or foreign policy views made them a secret agent of another country.
“Had I been a double agent for Israel? Was she kidding? I told her how offensive the question was,” Shapiro writes.
“Remus was just doing her job. I get it. But the fact that she asked, or was told to ask that question, by someone else, said a lot about some of the people around the VP,” the governor continues, referring to Dana Remus, a former White House counsel and member of the vetting team.
Shapiro claims that he felt bothered that the Harris team pressed him on his overarching worldview rather than the substance of his positions.
“It nagged at me that their questions weren’t really about substance,” Shapiro writes. “Rather, they were questioning my ideology, my approach, my world view.”
Shapiro also alleges that the Harris team asked whether he would be willing to apologize and walk back condemnations of pro-Hamas protesters on Pennsylvania college campuses. In the wake of Hamas’s Oct. 7, 2023, invasion of southern Israel, activists organized demonstrations celebrating the massacre and venerating the Palestinian terrorist group. Shapiro vigorously denounced the protesters, comparing them to the Ku Klux Klan. His response drew strong criticism from progressive corners of the Democratic Party, which accused him of harboring “anti-Palestinian racism.”
The controversy comes amid heightened political tensions in the Democratic Party over Israel following the Oct. 7 atrocities and the ensuing war in Gaza, which has intensified scrutiny of pro-Israel politicians, especially within progressive Democratic circles.
“The more I read about [Shapiro’s] treatment in the vetting process, the more disturbed I become,” Deborah Lipstadt, the former antisemitism envoy in the Biden administration, said in a post on X/Twitter. “These questions were classic antisemitism.”
Former longtime leader of the Anti-Defamation League Abraham Foxman echoed these condemnations on social media, calling the episode “very disturbing.”
“Aides focused on Israel to the extent he found it offensive. Something very troubling about our current political culture,” he wrote.
Shapiro ultimately was not selected as Harris’s running mate. Minnesota Gov. Tim Walz was chosen instead.
Harris, who served as vice president in the administration of former US President Joe Biden, lost the 2024 election to Donald Trump.
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‘Hands on Our Weapons’: Kataib Hezbollah in Iraq Threatens to Hit US Bases if Trump Strikes Iran
A vehicle carries the coffin of a commander from Iraq’s Kataib Hezbollah armed group who was killed in what they called a “Zionist attack” in the Syrian capital Damascus, during a funeral in Baghdad, Iraq, Sept. 22, 2024. Photo: REUTERS/Thaier Al-Sudani
Kataib Hezbollah, a US-designated terrorist group based in Iraq, has threatened to attack American military bases in the Middle East if President Donald Trump follows through on his threats to strike the Iranian regime in response to state violence against anti-government protesters.
“Kataib Hezbollah is part of the conflict between the United States of America and the Islamic Republic of Iran, and we will not stand on the sidelines. Our hands are on our weapons,” Abu Talib al-Saidi, a senior commander in the Iran-backed militia, told Shafaq News on Friday. He made the comments during a protest outside Iran’s embassy in Baghdad opposing Trump’s threats of military intervention against Tehran.
“During the 12-day war that America waged against Iran, there was a directive and mandate from [Iranian] Supreme Leader Ali Khamenei that we should not interfere in this war, but the situation now is completely different,” al-Saidi continued, referring to the Iran-Israel war last June, when the US struck Iranian nuclear sites following a devastating Israeli air campaign.
“The resistance’s missiles and drones are ready,” he added. “We have a high level of readiness and definitely in case the United States directs strikes on Iran, US bases in Iraq and neighboring countries will not be immune from our missiles and our planes.”
Kataib Hezbollah is part of Iraq’s Popular Mobilization Forces, a group of militias that are part of an official Iraqi security institution. According to the Washington Institute for Near East Policy, the Shiite terrorist group is “the premier militia in Iraq, operating under Iran’s direct command and fielding a wide range of cells responsible for kinetic, media, and social operations, some bankrolled by the Iraqi state.” The US government listed the organization as a Specially Designated Global Terrorist group on July 2, 2009, following a strike on troops in Iraq.
Al-Saidi’s warning followed repeated threats by Trump to target Iran in some manner in response to the regime’s deadly crackdown on protests, which began on Dec. 28 over economic hardships but quickly swelled into nationwide demonstrations calling for the downfall of the country’s Islamist, authoritarian system.
“We’re watching [the protests in Iran] very closely,” Trump told journalists aboard Air Force One on Jan. 4. “If they start killing people like they have in the past, I think they’re going to get hit very hard by the United States.”
The president’s top military advisers reportedly warned him that additional time would be needed to prepare for a potential attack on the regime.
On Jan. 11, Trump said that the US was willing to meet with Iranian officials and in touch with opposition leaders. Iranian Foreign Ministry spokesperson Esmaeil Baghaei said at the time that “the communication channel between our Foreign Minister Abbas Araqchi and the US special envoy [Steve Witkoff] is open and messages are exchanged whenever necessary.”
Two days later, Trump called on Iranian protesters to “take over your institutions” and suggested the US was prepared to take strong action against the regime.
“Iranian Patriots, KEEP PROTESTING – TAKE OVER YOUR INSTITUTIONS!!!” he posted on social media. “Save the names of the killers and abusers. They will pay a big price. I have canceled all meetings with Iranian Officials until the senseless killing of protesters STOPS. HELP IS ON ITS WAY. MIGA [Make Iran Great Again]!!!”
Last Wednesday, an anonymous US official told Reuters that the military had chosen to withdraw some personnel from military bases, a decision mirrored by the United Kingdom which pulled people from their posts in Qatar.
On Friday, Trump denied reports that pressure from Israel and Gulf Arab monarchies to reject a strike on Iran had influenced his decision not to strike yet. He told reporters on the White House lawn that “nobody convinced me. I convinced myself. You had yesterday scheduled over 800 hangings. They didn’t hang anyone. They canceled the hangings. That had a big impact.”
Khamenei and other Iranian officials have blamed Trump for the demonstrations.
The US-based group Human Rights Activists in Iran has confirmed 4,029 deaths during the protests, while the number of fatalities under review stands at 9,049. Additionally, at least 5,811 people have been injured the protests, and the total number of arrests stands at 26,015.
Iranian officials have put the death toll at 5,000 while some reports indicate the figure could be much higher. The Sunday Times, for example, obtained a new report from doctors on the ground, which states that at least 16,500 protesters have died and 330,000 have been injured,
Some Iraqi militia fighters, including members of Kataib Hezbollah, have reportedly aided the Iranian regime with the crackdown against protesters.