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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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Brussels Airlines workers threaten strike over flights to Israel, citing ethical objections
(JTA) — A Belgian union has threatened to strike against Brussels Airlines for compelling staff to work on flights to Israel, saying that anyone with “safety or conscientious objections” should be able to refuse.
ACV Puls, Belgium’s largest trade union, said on Tuesday that the company was breaking previous agreements to rely on volunteers for flights to Tel Aviv. The airline resumed flights to Tel Aviv on August 3, following a five-month pause because of the U.S.-Israeli war in Iran, and its first flights were operated with volunteers.
“Serious concerns exist among the staff regarding both physical safety and the mental and ethical impact of these flights,” ACV Puls spokesperson Jolinde Defieuw said in a statement. She added that making staffing mandatory was “particularly serious in the context of the ongoing war and the genocide in Gaza.”
ACV Puls, which represents aviation employees including pilots, cabin crews and ground staff in Belgium, said that a strike could follow if Brussels Airlines does not reverse its decision to resume regular staffing. The union argued that flying to Israel could not be deemed sufficiently safe, citing Belgium’s Ministry of Foreign Affairs, which advises against “all non-essential travel to Israel and Jerusalem.”
They also said that workers should be able to decline the flights for ethical reasons. Those who have “safety or conscientious objections must be able to refuse these flights without financial, professional, or disciplinary consequences,” said the union.
Nico Cardone, a spokesperson for Brussels Airlines, told the Jewish Telegraphic Agency that safety was the company’s “highest priority, whether we operate with volunteers or not.” He added that the airline was “not a political party” and made decisions about flight operations based on safety and demand.
“We do not engage in political discussions about the governments of certain destinations, and we ask our staff to uphold this same professional standard,” said Cardone.
ACV Puls said the airline was compelling crews to work because it had not found enough volunteers. Cardone disputed that, saying the airline always aimed to return to regular crew scheduling over time.
Along with threatening a strike, the union called on the Belgian government to weigh in. ACV Puls said the government should take a stance on the availability of commercial flights to Israel “despite the ongoing war, the massive civilian casualties, and the serious accusations of war crimes and human rights violations against the Palestinian population.”
Belgium has grown increasingly critical of Israel’s conduct in Gaza and Israeli settlements in the West Bank since 2023. Earlier this year, Belgium banned aircraft carrying military equipment bound for Israel from crossing its airspace. The government in July approved a ban on goods imported from Israeli settlements in the Palestinian territories.
This article originally appeared on JTA.org.
The post Brussels Airlines workers threaten strike over flights to Israel, citing ethical objections appeared first on The Forward.
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Haiti saved Jewish lives then. Our silence is not an option now.
In the late 1930s, as Nazi Germany intensified its persecution of Jewish people and the warning signs of a far darker future became increasingly clear, Jewish families searched desperately for countries willing to receive them. While many nations turned their backs, Haiti did not. It issued life-saving visas and offered them safe haven.
Nearly 90 years later, history has come full circle.
Hundreds of thousands of Haitians who have lived and worked lawfully in the United States under Temporary Protected Status (TPS) now face forcible deportation to a country engulfed in one of the world’s worst humanitarian crises.
This moment is deeply personal.
My mother survived a Nazi forced-labor camp, where she was forced to manufacture explosives. My father and three of his nephews survived Auschwitz. The rest of my family perished. I grew up with that history and with a profound awareness of what it means to be uprooted, persecuted and abandoned by the world.
That history shaped not only who I am, but the course of my life. I began my career as an art historian, but eventually felt called toward a different path: working alongside communities confronting abject poverty, famine, conflict and disaster.
My humanitarian career began in 1988 at the American Jewish Joint Distribution Committee (JDC), under the mentorship of Aryeh Cooperstock, who in the spirit of Tikkun Olam – repairing the world – led JDC’s international development work with non-Jewish communities around the globe. Aryeh fundamentally influenced my professional practice by instilling the conviction that true development starts with humility and listening to local partners who know their own challenges best.
While at JDC, its archive revealed a truth I never forgot. In the late 1930s, Haiti said yes to desperate Jewish refugees while bigger nations said no. My family wasn’t among those saved, but the grace of that gesture stayed with me forever.
Thus, in 2009, after working extensively across 24 countries in Asia, Eastern Europe, Africa and South America, I founded EcoWorks International to work in Haiti, as an enduring expression of profound gratitude.
For the past 17 years, we have worked shoulder-to-shoulder with Haitian professionals and communities in a broad range of sectors. Following the devastating 2010 earthquake, and with a generous grant from JDC, we built and equipped a physical rehabilitation center at Bernard Mevs Hospital, Haiti’s leading trauma center, restoring mobility and hope to thousands of victims.
Near the capital of Port-Au-Prince, we helped local farmers establish the first regional agricultural cooperatives that they own and manage.
After the 2021 earthquake, we worked with coastal fishing communities to rebuild the underwater systems that their livelihoods depend on. Today, in Haiti’s northern region, we work with 2,500 rice farmers to adopt a sustainable farming method that uses significantly less water, relies on organic fertilizer, and can nearly double yields.
Yet, in nearly two decades of standing with Haiti through natural disasters and socio-political upheaval, I have never witnessed such a level of unchecked violence, widespread displacement, and profound despair as now.
Armed gangs control almost all of Port-au-Prince, key regions, and major transit routes. Murder, kidnapping, rape, extortion and arson are daily instruments of terror. More than 1.5 million people are displaced and 5.7 million face severe hunger. Hospitals and clinics have been attacked, burned or forced to close.
Recently, Bernard Mevs Hospital, where we worked following the earthquake, was attacked and burned. In Ganthier, where our organization worked for years, the 400 Mawozo gang drove some 20,000 people from their homes. Their victims now live homeless and in hiding and our friends, partners and colleagues are still unable to return.
Today, Haiti has not one elected official. Basic institutions and services have collapsed. Parents struggle to feed their children. Pregnant women may have nowhere to give birth safely. Simply traveling to work, school, a market, or a hospital puts people at risk of kidnapping, rape or death.
This is the abyss to which some 350,000 Haitians in the United States now face forcible deportation, a process that has already begun.
The Haitians who lost their TPS are our neighbors, coworkers, healthcare professionals, teachers, business owners, taxpayers and friends. They built dignified lives and raised families here under a legal humanitarian program created to protect people from precisely the nightmare Haiti is experiencing today.
As we approach the High Holidays, a sacred season of Cheshbon HaNefesh, a call to reflection and duty, moral fortitude and a choice of who we choose to be, we are commanded not to stand idly by while our neighbors suffer.
In the past Haiti chose compassion over indifference toward the Jewish people. Today, the moral choice is ours. Write to your senators and representatives demanding the extension of TPS for Haitian people. Ask your rabbi, synagogue, Jewish Federation, and community leaders to issue public statements and take action. Share Haiti’s historical connection to our people.
Yesterday, Haiti opened its doors to save Jewish lives. Today, Haitians desperately need our voices. May history remember that when they needed us most, we did not remain silent.
The post Haiti saved Jewish lives then. Our silence is not an option now. appeared first on The Forward.
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‘Israel is politics’: Was a woman kicked out of a salon for supporting Israel or being Israeli-American?
An Israeli-American woman who was denied service at a Northern Virginia eyebrow salon is now taking legal action against the business.
The Brandeis Center for Human Rights Under Law is filing a civil rights complaint on behalf of Jessica Walton, who was at Karimi Brows in Alexandria, Virginia, on Aug. 6 when Fatana Karimi, the shop’s owner, recorded and posted a video of her telling Walton to leave the store. The video has received more than 270,000 likes and garnered concern from antisemitism watchdog groups.
“This case is about a basic civil rights principle,” says Omer Wiczyk, senior counsel at the Brandeis Center. “A business that is open to the public cannot reclassify a customer’s Israeli identity as objectionable politics.”
The two sides disagree about whether Karimi’s decision was made based on Walton’s ethnicity, identity or politics.
Karimi said in a TikTok video that her decision to deny service to Walton was not about Walton’s identity but her politics. “Any ethnicity or nationality or person who comes from a certain religion, any religion, comes to me and tells me that they support Israel, I would kick them,” she said.
Karimi said she “would have, you know, let it slide by” if Walton had denounced the Israeli government and called the Israel-Hamas war a genocide.
Walton, in the video taken at Karimi Brows, characterized the dispute as being about her identity. “I had no idea that you would do this based on my ethnicity,” she said.
According to the complaint, Walton said she did not discuss politics and only mentioned she was Israeli-American before Karimi asked her to leave the studio.
In another video, Karimi explained that Walton said she was Israeli-American “three different times” before Karimi started “throwing shots back at her.” Karimi said that in that moment, she was imagining Palestinian people, “looking at me saying, ‘But I thought you supported us? Why are you playing nice with the girl that is the reason we’re going through this?’”
“I was like, ‘the gloves are f—ing off,’” Karimi said. “‘I’m not doing your f—ing brows. Get out of my f—ing face.’”
The complaint also says that before the camera started rolling, “Ms. Karimi stated that, for her, ‘Israel is politics.’ ”
Politics-based discrimination would not necessarily constitute a civil rights violation, said Michael Helfand, a professor at the Pepperdine Caruso School of Law. However, if Karimi was placing special scrutiny on Walton’s beliefs because of her Israeli identity, it would — facts that the parties dispute.
“I think this gets you into the question of how you want to classify anti-Zionism,” says Helfand. “I think that’s a bigger question that the law hasn’t fully wrapped its head around.”
Both women said they have received violent messages online following the incident, including death and rape threats. Karimi said her Yelp reviews were spammed with negative comments from users she doubted had been to the store.
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