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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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Why I’m vibing with the pope’s first big statement

I have long been obsessed with the Vatican and the inner workings of the papacy. (I majored and did my Master’s in religious studies.) But usually other people are not as tickled as I am by analyzing the newest theological statements from the Holy See.

Not this week. Pope Leo XIV just put out his first encyclical — the term used to refer to official statements outlining the church’s stance on a topic — and it has gone viral. “Spitting fire right out the gate,” said one of many similar trending posts, as though the encyclical was a rap song.

The topic is buzzy: AI, which the pope casts as one of the greatest threats to human flourishing and morality. (The encyclical is titled “Magnifica Humanitas,” or “Magnificent Humanity” in English, if that gives you the gist.) “Humanity, created by God in all its grandeur,” it opens, “ is today facing a pivotal choice: either to construct a new Tower of Babel or to build the city in which God and humanity dwell together.”

The document notes many of the concrete risks of AI — sexual abuse, distortion of facts, job loss — and calls for pragmatic solutions. But it is, at its heart, a testament to what makes humans human, written with palpable adoration for the people of the world: our creativity, our empathy, even our weaknesses. It’s a declaration that machines can never have the ineffable qualities of God’s children.

Structuring our world around technology, Leo writes, reduces “creation to an object of exploitation and human beings to mere cogs in a system driven toward ever greater efficiency.”

Later, in a paean to the importance of deep thought over easy answers, he goes on: “The speed and ease with which answers or summaries can be obtained risk extinguishing the desire to ask questions,” he writes, calling on the world “to protect our young people from the promise of the perfect machine” and warning against rendering “human thought seemingly superfluous precisely when it is most needed.”

“Magnificatus Humanitas” is a major statement, both in length — more than 43,000 words — and in symbolism. A pope’s first encyclical indicates the issues they believe are most important to the church, and signals the likely direction of their papacy.

That direction, for Pope Leo, is to be a voice for moral leadership, writ large. He addressed the encyclical not only to Catholics or even Christians, but “to all men and women of goodwill,” and cited thinkers like Hannah Arendt and J.R.R. Tolkien alongside the Bible.

It’s a declaration of a new — or, arguably, very old — relevance for religious leaders. As people rush through our increasingly fast-paced, frantic world, striving to keep up with the newest technology or geopolitical shift affecting markets and jobs, the slow-moving, zoomed-out perspective of religious leaders seems to be more and more important.

The Vatican held massive authority both moral and military for much of Western history. But its sway faded in the modern age. As democracy rose, Christianity broke into factions and religion’s prominence weakened, leaving the Church without the same ability to bestow a divine mandate on nations and rulers.

So many modern popes have kept their sights more narrowly focused on the theological. Even Pope Francis, who was a liberal, modernizing force for the church, and spoke out strongly on topics like the environment and immigration, focused three of his four encyclicals on Christian theological concepts like the Sacred Heart and Christianity as the world’s guiding light.

Pope Leo, however, seems to have found his way to modern, secular relevance by speaking out clearly on major issues of the day. He notes that he drew inspiration for “Magnificatus Humanitas” from Pope Leo XIII, an influential pope in the late 1800s and the inspiration for the modern Leo’s own papal moniker, whose 1891 encyclical “Rerum Novarum,” on the economy and conditions of the working class, was criticized for insufficient focus on the Gospel. The current pope’s own document is remarkably concrete and political.

Making political statements isn’t new for Leo, but the encyclical canonizes his boldness into an official form. In the past few months I’ve written about the ways in which Pope Leo has used sermons and statements to directly counter those made by U.S. leaders. After Pete Hegseth made a speech implying the U.S. military is doing God’s will, the pope gave a homily saying that prayers for war cannot be heard by God. He has made strongly worded comments about the rights of immigrants as Trump announced increased ICE raids, and made a point of appointing foreign bishops in American parishes. He has refused to visit the U.S. despite the fact that he is American and has been invited numerous times, including for the nation’s 250th birthday; he is instead planning to visit an island that serves as a refugee landing point in the Mediterranean.

It’s not all that surprising that Leo is making pronouncements on the justness of wars; popes have always given commentary on the world, albeit often less pointedly. Of course, Catholics have always looked to the pope for moral leadership — though that is increasingly under question, as renegade Catholics doubt the pope. (Even J.D. Vance, a Catholic convert with a book coming out about his conversion, has warned the pope to be “careful” with his theological interpretations — a near heretical statement. That’s how Protestantism came about.) The difference today is that everybody is listening.

I think the reason is that there is a certain ineffable quality that can’t be accounted for in so much of modern-day discourse in our metrics-focused world. Everything needs to be provable with a statistical analysis or some quantifiable indicator, or it needs to be as profitable as possible to extract value. But so much of what is most valuable in the human experience is intuitive — experiences and emotions like love, joy, transcendence. Connection with each other. Religious leaders have been honing the language to talk about these qualities for centuries, and they guard one of the only arenas in which the intangible remains central.

Of course, there are also plenty of issues with religious institutions, and the Vatican in particular is famous as a site where abuses of power were hidden and protected. But “Magnifica Humanitas,” and its virality, points toward a new relationship with religion, and a newly important role for it to play.

Or maybe that’s just wishful thinking, a hope for my own increased importance as a religion reporter.

The post Why I’m vibing with the pope’s first big statement appeared first on The Forward.

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How can I live freely as a Jew in a world where strangers rip my mezuzah off my doorframe?

Twice, the mezuzah on my front door was ripped off.

The first time, I was shocked. The second time, I made a decision that still pains me. I did not put it back up.

This was before the Hamas attack of Oct. 7, 2023.

That is the part I keep coming back to. The fear did not begin after the Hamas attacks. It was already there, intruding with the quiet calculation of whether a small Jewish symbol on my home made me less safe.

A mezuzah is not a political statement. It makes no argument about a government or a war. It is a sacred object, a marker of memory, a tiny declaration that says: Jews live here. I thought about that mezuzah again recently when the Anti-Defamation League released its annual audit showing that antisemitic physical assaults in the United States reached record highs in 2025. That increase reflects something many Jews already feel in daily life: the slow erosion of ease, the daily calculation of whether to speak up or stay quiet — things I have felt since the first time my mezuzah was violently torn off my doorframe.

Since then, the realm in which I feel safe as a visibly Jewish person has been shrinking from all directions.

After the Oct. 7 attack, the bulletin boards in my apartment building began filling with calls to boycott Israel. Campaign flyers for a Jewish political candidate who came to speak there were defaced with Hitler mustaches. I learned to scan the walls before I scanned my mail.

This was not happening on a campus quad or in some distant place. It was happening where I live.

Then, among my mother’s things, I found a Star of David necklace from the 1930s — marcasite set against black onyx, delicate and old. A boyfriend had given it to her when they were both 14.

I put it on in Florida, where I spend much of my time caring for my mother. I loved wearing it. It felt like more than jewelry. It felt like inheritance, memory, and a small way of carrying my family with me.

But when my mother knew I was going back to New York, she told me to take it off.

My mother is 102. She is not easily frightened. She has lived long enough to know when the temperature in the room has changed. She was not making a political argument. She was trying to protect her daughter.

I still wear that Star of David. But I admit I am selective. In New York, there are moments when I leave it visible and moments when I tuck it under my shirt. That calculation itself tells me something about the world I am moving through.

Recently, in a private Facebook group for women essayists, I shared a personal piece I had written for the United Kingdom-based Jewish Chronicle about how Oct. 7 changed life for my mother and me. It was not a political manifesto. It was a reflection on fear, Jewish identity, aging and visibility.

And still, I was attacked by other writers.“What about Gaza?” I was asked. The message was clear: even my personal Jewish pain had to pass a political test before it could be acknowledged.

That is the narrowing.

This ugliness is coming from more than one direction now. It stems from old conspiracy theories on the right and newer moral certainties in some of the progressive spaces where I once felt most at home. Different language brings about the same result: Jews become less human, less particular, less entitled to fear.

That collapse is what frightens me most: the definitional collapse between Jew and Israeli; Israeli and Israel’s government; Jewish symbol and political provocation; mezuzah and target.

As Jews like me reckon with that collapse, we must reckon with how much we’ll go along with it.

Right now, too often, Jews are being asked to choose between our own safety and our compassion for others. We should be able to prioritize both. I am a Zionist. I believe in the right of the Jewish people to a homeland. I also believe Palestinians are human beings who deserve freedom, dignity, and protection from suffering.

These beliefs should not cancel each other out. They should make us more careful, more humane, more committed to truth.

Yet now we must choose between speaking about antisemitism and being accused of indifference to other hatreds. That is no way to live.

Since Oct. 7, I have found myself going to synagogue on Shabbat, something I never did before. I was a High Holiday Jew. Now I seek out rooms where I do not have to explain why this moment feels frightening. I have learned where I feel seen. I have learned who can hold my fear without turning it into an argument.

The mezuzah I did not put back up is small. It fits in the palm of my hand.

But what it represents is not small: memory, faith, survival, home, and the right to be visibly Jewish without fear.

When I did not put it back up, I told myself I was being practical. But now — after Oct. 7, the bulletin boards, my mother’s warning, and the explosive allegations I’ve seen travel through respected media without sufficient care or verification — I understand it differently.

I was not just protecting a doorframe. I was learning to shrink.

The post How can I live freely as a Jew in a world where strangers rip my mezuzah off my doorframe? appeared first on The Forward.

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Podcast: A lively conversation in Yiddish with actress Lea Koenig

ס׳איז לעצטנס אַרויס אַ פּאָדקאַסט מיט דער באַליבטער אַקטריסע אין ישׂראל, ליאַ קעניג, וועלכע איז הײַנט צום בעסטן באַקאַנט ווי די ייִדיש־רעדנדיקע באָבע פֿונעם פּערסאָנאַזש שלום שטיסל אין דער ישׂראלדיקער טעלעוויזיע־סעריע „שטיסל“.

אינעם שמועס באַטייליקן זיך אויך יניבֿ גאָלדבערג — דער מחבר פֿון אַ נײַער ביאָגראַפֿיע וועגן איר אויף ענגליש; דער איבערזעצער און דראַמאַטורג מיכל יאַשינסקי, און דער ייִדישער זינגער און קולטור־טוער חיים וואָלף. דעם פּאָדקאַסט האָט טראַנסמיטירט די באָסטאָנער ראַדיאָ־פּראָגראַם „דאָס ייִדישע קול“.

ליאַ קעניג גיט איבער אירע זכרונות במשך פֿון איר לאַנגער קאַריערע אין ייִדישן טעאַטער, ווי אויך אינעם העברעיִשן טעאַטער, טעלעוויזיע און קינאָ. כּדי צו הערן דעם פּאָדקאַסט, גיט אַ קוועטש דאָ.

The post Podcast: A lively conversation in Yiddish with actress Lea Koenig appeared first on The Forward.

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