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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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Are Jews Fools to Consider Forgiving Kanye West?
Ye, formerly known as Kanye West. Photo: BANG Showbiz via Reuters Connect
Kanye West’s advertisement apologizing to Jews in The Wall Street Journal, which was not a good choice of publication, as it plays into stereotypes of Jews controlling money, has raised an important question at a time when many Jews feel desperate in the wake of rising antisemitism:
Should Jews forgive Kanye?
The conventional wisdom would be not to. In October 2022, he tweeted that he was going to go “death con 3 on Jewish people” and sadly opened a Pandora’s box, where it was cool to be antisemitic. This, of course, was before the attacks of October 7, 2023, and set up a prelude to podcasters blaming Israel for all the world’s ills, and saying that “it shouldn’t be forbidden to criticize Israel” (which, of course, it isn’t).
West is addicted to attention, and his outspoken hatred of Jews clearly gave him that. There are also people who claimed that West hated Jews because he blamed them for his break-up with Kim Kardashian.
But Jews cannot react out of fear or appeasement, and I am embarrassed for some Jewish influencers online who posted that Kanye should be forgiven. Mental illness or not, Kanye West has done incredible damage to the Jewish community.
His song “Heil Hitler” was one of the worst things I’ve seen. He also offended the Black community by psychotically saying that “slavery was a choice.”
Would his followers who say that Hitler was right suddenly flip if Kanye did? It’s hard to say. They might claim that Jews or Israel paid West to change his position.
I’ve also seen some people say that they believe West is sincere. But in life, one shows sincerity by actions, not by words. The question of forgiveness should not even be addressed until West takes some actions that show he means business.
Here are a few things he could do to show contrition:
1. Tell Candace Owens to Chill
Owens has fallen off the deep end, obsessing over Israel, possibly due to her anger of being fired by The Daily Wire. West should call for her to apologize, and stop blaming Israel for everything from the Charlie Kirk murder to the assassination of JFK. West would be helping to stop antisemitism, and also helping Owens, who he says is a friend.
2. Tell Tucker Carlson to Start Acting Like an American
Carlson is head over heels in love with Qatar and Russia, and hates Israel. Perhaps West could also remind Carlson that Winston Churchill was a good guy, not a villain, and that Carlson should stop demonizing Israel.
3. Rebuke Nick Fuentes
Fuentes, a young antisemite growing in popularity, wants to be West’s friend. West should tell Fuentes that he should be a man and stop blaming all the world’s problems on Israel, as if the Jewish State controls the universe — which it does not.
4. Go to Israel and Have Discussions with Jews of Color
Due to the myth of Israel being the “white colonizer,” many are unaware there are Jews of color. When you count Arabic Jews in the fold, more than half of Israel would be considered “diverse” by US standards. Unfortunately, these Jews are not given enough screen time on news shows and debates, and it would be educational for the world to see the truth.
5. Create a Music Video Where He Mocks Antisemitism
In a video with Jewish artists, West can show that antisemitism is neither cool nor strong, and the sign of a weak person who seeks to scapegoat a small minority in order to feel powerful.
6. West Should Study Judaism with a Group of Rabbis for a Set Period of Time
This would show the beginnings of contrition.
All in all, it is foolish to immediately say that West should be forgiven, and it is a sign of people who live in fear or simply want attention or hope that West actually is sincere. But as the automated New York City subway message reminds us, we need to see something before we say something.
The author is a writer based in New York.
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Prominent British LGBTQ activist arrested for carrying ‘globalize the intifada’ sign in London
(JTA) — British LGBTQ activist Peter Tatchell was arrested for holding a sign with the phrase “globalize the intifada” at a pro-Palestinian march in London on Saturday.
Tatchell’s arrest comes weeks after the police in London announced that they would arrest pro-Palestinian protesters who chant “globalize the intifada.” While the common pro-Palestinian phrase is defended by its supporters as a rallying call to expand international pressure on Israel, critics say it amounts to a call for violence against Jews.
The policy change came in the wake of the attack on a Hanukkah celebration in Sydney that killed 15. It followed other efforts by the British government to tighten limits on what pro-Palestinian protesters can say and do, including a ban on the activist group Palestine Action that has made any show of support illegal.
Tatchell, 74, who is known as one of England’s most prominent gay rights activists, wrote in a post on X that he had “opposed Hamas since it was formed & opposed ALL Islamists (Iran, Hezbollah etc).” But he said the Metropolitan Police’s new policy was an overreach.
“Police are fabricating new laws. There is no legal statute that criminalises ‘intifada,’” wrote Tatchell in a post on X decrying his arrest. “By arresting me, police seem to be reacting to pressure from a foreign regime – Israel – & Netanyahu apologists, to silence public support for Palestinians’ right to resist Israeli occupation.”
The full text of Tatchell’s sign at the rally read “Globalise the intifada: Non-violent resistance. End Israel’s occupation of Gaza & West Bank.” Tatchell said he was detained for 12 hours.
Last May, Tatchell was arrested at another pro-Palestinian protest in London for carrying a sign that read “STOP Israel GENOCIDE! STOP Hamas executions!” He said police had accused him of breaching the peace and that pro-Palestinian protesters had accused him of being a pro-Israel plant because he called out Hamas in addition to Israel.
Thirteen people were arrested on Saturday during the Palestine Coalition protest and one person was arrested from the Stop The Hate UK counter protest, according to London’s Metropolitan Police.
The London protest was not the only pro-Palestinian demonstration this weekend to feature calls for an “intifada.”
A coalition of Jewish groups denounced a rally in Philadelphia on Sunday in which marchers chanted calls for an intifada. According to the groups, one speaker said, “Martyrdom is a commitment, a principle. It gives life to the movement and carries it forward…our task is to identify tangible, precise ways to attack the genocidal Zionist enemy and actually f—ing attack.”
The rally was organized by the Philly Palestine Coalition, which has previously targeted Jewish-owned restaurants in the city.
“This was not a metaphor or abstract political speech,” said the statement from the groups, Jewish Federation of Greater Philadelphia, Anti-Defamation League Philadelphia and American Jewish Committee Philadelphia/Southern NJ. “It was explicit incitement for violence. Such language and imagery are dangerous, antisemitic and unacceptable.”
The post Prominent British LGBTQ activist arrested for carrying ‘globalize the intifada’ sign in London appeared first on The Forward.
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Tu B’Shvat, Conscious Eating, and the Jewish Call to Return
Orange trees in Israel’s northern Galilee region. Photo: פואד מועדי / Wikimedia Commons
Tu B’Shvat, the Jewish New Year for the Trees, is often celebrated simply: fruit on the table, blessings over figs and dates, and a nod to nature in the middle of winter. For those who do things a bit more lavishly, a ceremony or seder is conducted.
But at its core, the holiday of Tu B’Shvat is far more than a seasonal celebration. It is a day that offers a profound Jewish teaching about food, responsibility, and the possibility of return.
To understand that teaching, we have to go back to the very first act of eating in the Torah.
In the Garden of Eden, God gives Adam and Eve permission to eat freely from nearly everything around them. Only one boundary is set: there is one tree that is off limits. When Adam and Eve cross that boundary, the result is a rupture of faith between humans and God, which results in a series of other ruptures between humans and the earth — and humans and themselves.
One of the great Chassidic masters, Rabbi Tzadok HaKohen (1823-1900), suggested that the problem was not simply what they ate, but how they ate: without awareness, without restraint, and without consciousness. They consumed, rather than received.
Five hundred years ago, the kabbalists of Tzfat transformed Tu B’Shvat from a technical agricultural date into a spiritual opportunity. They taught that the world is filled with sparks of holiness, and that our everyday actions, especially eating, can either elevate those sparks or bury them further. This lesson has recently been discussed by the Jerusalem-based educator Sarah Yehuit Schneider.
Eating, in Jewish thought, is never neutral.
When we eat with intention and gratitude, we participate in tikkun olam, repairing the world. When we eat mindlessly, we reenact the mistake of Eve and Adam from the Garden of Eden.
The holiday of Tu B’Shvat invites us to try again.
There is another detail worth noting. The Torah’s first description of the human diet is explicitly plant-based: “I have given you every seed-bearing plant and every fruit-bearing tree; it shall be yours for food.” That diet, which was given in Eden, does not end with humanity’s exile from paradise. For generations to come, until after the great flood in the time of Noah, that diet continued in a world already marked by moral compromise.
On Tu B’Shvat, when Jews sit down to a table of fruit, we are quietly returning to that original vision of eating plant-based food that sustains life without taking it, nourishment that reflects restraint rather than domination.
That idea feels especially urgent today.
Our food choices now affect far more than our own bodies. They shape the treatment of animals, the health of the planet, and the sustainability of our food systems. Eating “without knowing” is something that carries grave consequences, which are all too visible in our society.
To observe conscious eating today means asking hard questions: Who is harmed by this choice? What systems does it support? What kind of world does it help create?
In my work as a rabbi and educator with Jewish Vegan Life, I encounter many Jews grappling with these questions, most of whom possess a desire to align their daily choices with enduring Jewish values of compassion, responsibility, and reverence for life.
Tu B’Shvat reminds us that Judaism does not demand perfection, but it does demand awareness. It teaches that repair is possible, not only through grand gestures, but through daily choices repeated with intention.
Redemption begins when a person makes a choice to eat their meal consciously. This is what the seder on Passover is for and what it reminds us of, and the same holds true for the seder on Tu B’Shvat.
The custom to eat fruits on Tu B’Shvat, the choice to have a seder or ceremony, reminds us of the consciousness that we must approach all of our meals with. On Tu B’Shvat, we are being asked to reconsider how we eat, how we live, and how we might take one small step closer to the world as it was meant to be. It is, after all, according to the Mishna in tractate Rosh Hashanah, one of the four New Years of the Jewish calendar.
Rabbi Akiva Gersh, originally from New York, has been working in the field of Jewish and Israel education for more than 20 years. He lives with his wife, Tamar, and their four kids in Pardes Hanna. He is the Senior Rabbinic Educator at Jewish Vegan Life. https://jewishveganlife.