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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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VIDEO: A Hasid gives us a tour of Morocco in Yiddish

דער ירושלימער יוטוב־שטערן וועלוול קירשנבוים האָט לעצטנס אַרויסגעשטעלט אַ ווידעאָ אויף ייִדיש פֿון אַ פּרעכטיקן וויזיט, וואָס ער האָט געמאַכט אין מאַראָקאָ. עס באַגלייט אים זײַן חבֿר אַבֿרהם פּרץ.

אינעם ווידעאָ זעט מען ווי קירשנבוים דאַוונט שחרית מיט די אָרטיקע ייִדן און באַזוכט אַ גוט אָפּגעהיטענעם בית־עולם, וווּ עס ליגן באַערדיקט גרויסע צדיקים ווי למשל הרבֿ חיים בן עתר (1696–1743), באַקאַנט ווי דער „אור החיים“. „מענטשן מיינען, אַז נאָר אין אייראָפּע זענען דאָ קבֿרים פֿון צדיקים!“ זאָגט קירשנבוים.

מיר זעען אַ גרויסע, שיינע שיל מיט אַ פֿײַנער אַרכיטעקטור אין קאַזאַבלאַנקאַ; דעם גרויסן אַראַבישן שוק, וווּ קירשנבוים קויפֿט זיך אײַן מלבושים פּונקט ווי די מאַראָקאַנער גייען אָנגעטאָן. ער באַוווּנדערט אויך די שיינע טיי־גלעזער און טשײַניקן, וואָס מע פֿאַרקויפֿט דאָרט, און באַקענט זיך מיט אַ ייִדישן סוחר וואָס האַנדלט מיט זילבער און גאָלד, פּונקט אַזוי ווי זײַן טאַטע און זיידע האָבן געטאָן פֿאַר דור־דורות.

 

The post VIDEO: A Hasid gives us a tour of Morocco in Yiddish appeared first on The Forward.

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Conservative and Christian movies are coming for Hollywood

A star-studded new movie set in a Soviet prison is coming out in November. James Franco and Rob Lowe anchor the cast of Confession, playing a brutal prison guard and an imprisoned dissident professor, and a disheveled Nick Nolte appears as a fellow prisoner.

These actors were once huge gets, and their names could convey legitimacy to a project. Nolte and Franco both have received Academy Award nominations. Lowe was a member of the Brat Pack, and was a regular on The West Wing.

Confession, written by Ben Shapiro and produced by the rightwing tabloid-esque news site The Daily Wire, is not the expected fare for actors with that kind of name recognition; Shapiro’s screenwriting aspirations have been the target of ridicule for years.

Nevertheless, this isn’t the only Daily Wire production getting big names; Danny Trejo signed onto a pro-ICE movie about Minneapolis in the aftermath of the Renee Good shooting, and Jonathan Majors led Run, Fight, Hide: Infidels earlier this year.

Each one of these actors has been, in some way, canceled or in career doldrums so may have been more open to working with The Daily Wire. And some have claimed that they did not know who Shapiro was, or what his politics were; Trejo’s son, Gilbert, said his 82-year-old father did not endorse ICE and was misled about the movie before he signed his contract.

Movie studios have struggled through the pandemic and the streaming era, both of which have tanked box office receipts, leaving the field open for movies from offbeat production studios. In addition to The Daily Wire, there has been a whole ream of Christian movies attempting to shift the stereotype of bible movies — that they’re preachy, low-budget straight-to-TV affairs with cardboard acting — to something more prestigious, or at least profitable.

The Christian company Angel Studios has been placing screenings of the half philo-semitic, half-antisemitic Jesus TV series The Chosen in movie theaters across the country, produced the right-wing hit The Sound of Freedom and is pumping out faith-based movies like the animated King of Kings Christmas story and David, a kiddie movie about the biblical king. Recently, Pinnacle Peak Pictures, another faith-based production company, premiered Daniel and the Fiery Furnace, another bible movie that was notable enough to merit a review in The New York Times. (Though admittedly it wasn’t a particularly positive one.)

For decades, Hollywood, and the media industry at large, has been associated with liberalism, progressive politics and diversity. (This is part of why conservative conspiracy theorists often insist that Jews control the media.) Even when conservatives are in power, satirical movies have poked fun at the ruling class — Team America: World Police spoofed George W. Bush’s foreign policy, while  M*A*S*H critiqued Richard Nixon. During the current Trump administration, we’ve seen One Battle After Another lambasting immigration policies and rising white nationalism, Eddington on misinformation and populism, and The Apprentice depicting Trump directly.

But a rising number of higher-budget, bigger releases from the right wing, whether The Daily Wire’s conservative political parables or the Christian fables, are  bringing a new kind of messaging — about the importance of God and country, about gender roles, about about the centrality of Jesus to the U.S. —  to the American movie-going public.

This is no accident. A group of powerful conservative Christians, many of whom worked on Project 2025, are proponents of the Seven Mountains Mandate, a blueprint for Christian nationalism that instructs Christians to gain influence and control over the “seven mountains” of society — which include media, entertainment and the arts. The Mandate is part of the New Apostolic Reformation, a decentralized evangelical movement embraced by millions of Americans.

Jeremy Boreing, the director of many Daily Wire movies — though he has since left the company — said on a podcast hosted by businessman Patrick Bet-David that “It had always been part of our strategy to move into making culture, not just criticizing culture” as a way of proving that “there is a future where conservatives aren’t losing. There’s a future where we have political power and cultural power.”

Cultural power, of course, requires more than just a lot of movies; they have to be well-done, or at least appear to be. Previous Daily Wire productions, as well as other right-wing, MAGA movie ventures, have been hacky. Lady Ballers, about an unsuccessful men’s basketball team pretending to be women so they can dominate the league, was an unsubtle, unfunny and ultimately unwatchable spoof of transgender athletes. And even plenty of higher-budget attempts, like Daniel and the Fiery Furnace, can still fall victim to wooden acting and writing.

But now, with the financial success of movies like The Sound of Freedom and biblical parables like The Chosen, bigger stars are being drawn to projects like the Daily Wire’s lineup of pro-ICE, anti-immigration and anti-LGBTQ movies. With those bigger stars may come new audiences who might not have watched a Christian movie or Daily Wire project otherwise. And where there is money and viewers, mainstream Hollywood will go, too, no matter how progressive people expect the industry to be. We’ve already gotten a biblical epic from Amazon Prime, with The House of David, and there are likely to be many more to come.

After all, it wasn’t so long ago, after all, that Cecil DeMille’s The Ten Commandments was the biggest movie in town.

The post Conservative and Christian movies are coming for Hollywood appeared first on The Forward.

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‘Heil’ Mary? New Atlanta Falcons logo inspires Nazi comparisons

If there was something off about the logo the Atlanta Falcons unveiled on social media Wednesday, whoever runs their accounts did, uh, not see it.

Behind the black falcon graphic that began appearing on the football team’s helmets in the 1960s was a new background — a flag of red, tan, black and white vertical stripes. To thousands of people who responded to the logo, it looked distinctly German — in a 1930s kind of way.

“The Atlanta Falcons are preparing to invade Poland,” one fan wrote.

A day after its posting, the new profile picture had unleashed a deluge of Nazi memes in the 4,000-plus replies on X. One picture swapped in the logo for Nazi flags in the background of a historical photo of a Hitler rally. Another edited the Falcon claw to look like a Nazi salute.

Others depicted Hitler in a Falcons cap, references to Inglourious Basterds and the Battle of the Bulge and a World War II joke invoking a blown lead in Super Bowl LI.

“Falcons were up 28-3 at Dunkirk,” that tweet read.

The Falcons’ snafu enters a small but growing catalogue of Reich-coded brand mixups. Who can forget the German national soccer team’s ‘44’ soccer jerseys? There was also the swastika-emblazoned Hallmark gift wrap; the accidental Hitler mugs; and (for my money) the worst of the bunch, Zara’s concentration camp uniform shirt.

All of those have been addressed; so far, the Falcons’ has not. We’ve reached out to them for comment.

The post ‘Heil’ Mary? New Atlanta Falcons logo inspires Nazi comparisons appeared first on The Forward.

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