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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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How a 19th century murder introduced Americans to a Jewish funeral

In June 1857, newspapers from Philadelphia to St. Louis carried reports of a shocking crime in western Massachusetts. Isaac Jackson, a 17- or 18-year-old German Jewish peddler from Westfield, was shot and robbed while traveling his route between the towns of Westfield and Russell. His body was dragged to the bank of a river, concealed beneath stones and debris, and not discovered until the following day. Contemporary newspaper stories described it as one of western Massachusetts’ most notorious murders in half a century.

The crime quickly attracted national attention as accounts proliferated, sometimes differing on details such as Jackson’s age. Reporters described the search for his body, the arrest of Charles Jones, known to readers as the “ministerial burglar,” and the growing public anger that led some spectators to openly discuss lynching the accused before he could stand trial.

The attention came decades before mass migration from Eastern Europe transformed American Jewish life. The country’s Jewish population numbered no more than 200,000. Yet Jackson’s murder became national news, and newspapers far beyond Massachusetts used the story of his funeral to explain Jewish burial and mourning customs to their readers.

After Jackson’s body was recovered, it was taken to Hartford, Connecticut, for burial, “there being no synagogue at Westfield.” His funeral was held at Touro Hall, home of Congregation Beth Israel, which had only recently converted the former North Baptist Church into a synagogue with the help of a bequest from the Jewish philanthropist Judah Touro.

According to an account first published in the Hartford Times and widely reprinted in newspapers across the country, the body was washed and clothed in white linen garments “expressly made by Jewish women,” who considered it a final act of kindness toward a fellow Jew. Earth was placed beneath the head “to indicate that all cometh from the earth and returneth thither again.” The head was turned toward the east, symbolizing, the newspaper explained, “the great reverence of the Israelite towards the land of his nationality,” and the hope that “as the sun rises to revivify all creation so will the dead finally rise to everlasting life.”

As the coffin was lowered, those gathered prayed, “May the soul of the departed come to its resting place in peace.” Each mourner then placed earth upon the grave before reciting the words, “Dust thou art, and unto dust thou shalt return.”

The funeral itself was not the only moment that revealed how Isaac’s family mourned.

When word reached Westfield that a peddler had been murdered along the road to Russell, “there was a great rush in that direction, and at least one hundred persons were promptly there. Among them were Coroner Abbott, Justice Lewis, and other prominent citizens.” Isaac’s brother Joseph also hurried to the scene. At first, according to one newspaper account, he refused to believe the victim could be his younger sibling. But when he saw the wagon, he recognized it immediately and “burst into tears.”

As the body was recovered from the stream, Joseph, the newspaper reported, performed what it described as his “first duty as a Jew,” removing from Isaac’s pockets the tefillin he carried “to bind around his forehead and arm each morning upon rising.”

The newspapers also offered small glimpses of the life that had ended so suddenly. Isaac was the youngest of four brothers, whose family operated a store in Westfield and maintained traveling peddler wagons throughout the surrounding countryside. On the morning of the murder, he left carrying dry goods, jewelry and ready-made clothing. Among the possessions later identified by his brother was his watch.

The burial rites did not end with the funeral.

Several weeks later, the Springfield Daily Republican published a brief account, later reprinted in the Boston Evening Transcript, about one of Isaac’s brothers while he was again traveling as a peddler with the same wagon. As he unfolded a piece of cloth for a customer, he noticed a single drop of blood. Overcome with emotion, the newspaper reported, he “cried for a few moments like a child,” then folded the cloth and declared that he must return to Hartford so the bloodstained cloth could be buried with his brother. According to the account, everything bearing Isaac’s blood that had been found after the murder had already been interred with him, per Jewish tradition.

Isaac Jackson still rests in Hartford’s Zion Hill Cemetery. Much of his life has been lost to history. But the newspapers that reported his murder preserved something that endures: a careful record of the customs through which his family and community buried him.

The post How a 19th century murder introduced Americans to a Jewish funeral appeared first on The Forward.

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How an obscure centrist politician could be key to defeating Netanyahu in October

(JTA) —

TEL AVIV — At a barbecue on a Netanya rooftop earlier this month, MK Yoav Segalovitz, a politician most people outside Israel have never heard of, told his fellow members of the leading opposition party Yesh Atid that he would not be running with them in the upcoming October election.

It’s a decision that could reshape Israel’s political landscape and determine whether Prime Minister Benjamin Netanyahu will lose the October 27 election.

That’s because Segalovitz, 67, who formerly headed the Israel Police’s Investigations and Intelligence Division, is planning to join Ra’am, an Arab party that was the kingmaker in the 2021 elections, pollster Yousef Makladeh told Jewish Telegraphic Agency, describing his conversation with Segalovitz prior to leaving the party. Makladeh added that the move had been under discussion for months.

In an official statement last week, Ra’am’s chairman Mansour Abbas and Segalovitz said they had met and held a “cordial and positive” discussion about the possibility of Segalovitz joining Ra’am’s slate in the upcoming Knesset elections. The two agreed to continue direct talks in an effort to advance the matter.

If that indeed happens, it would send a seismic shock though the Israeli political system on two fronts:  Segalovitz would be the first lawmaker in decades to leave a Zionist party for an Arab-led party; and that party would be in a position to join other opposition groups to pry control of the next Israeli government away from Netanyahu.

The willingness of Ra’am and two Zionist slates — Yair Lapid’s Yesh Atid party and Naftali Bennett’s New Right party — to join a coalition in 2021 led by Bennett and Lapid provided the needed seats to push Netanyahu out of power after 12 consecutive years as prime minister. The first coalition in Israeli history to take office with the support of an Arab party was unprecedented –and viewed by many as a historic breakthrough in Jewish-Arab political cooperation.

The question in 2026 is: Could it happen again?

This time around, the prospect of an Arab party in the coalition prompts more wariness among many Israelis, and Bennett and Lapid have both ruled out forming a coalition with one.

Israeli polls have consistently shown that neither Netanyahu’s coalition nor the bloc of opposition Jewish parties led by his chief rival, former IDF Chief of Staff Gadi Eisenkot, is on track to secure the 61 seats needed to form a government. The opposition’s Jewish parties have consistently polled at approximately 58 to 60 seats, while Netanyahu’s bloc trails with roughly 50.

That deadlock has thrust Ra’am, led by MK Mansour Abbas, back into the spotlight. Most recent polls give the party between five and seven seats, potentially making it the kingmaker once again.

Founded in 1996, Ra’am, whose name is an Arabic acronym meaning United Arab List, has roots in the Southern Branch of the Islamic Movement and had until recently been a religious Arab party. It had been part of the traditional bloc of Arab parties in the Knesset until Abbas split away, as part of his strategy to shift the party’s focus from the Israeli-Palestinian conflict to practical achievements for Israel’s Arab society.

Makladeh, who has conducted surveys for Channel 13 and political parties across Israel’s political spectrum, describes Ra’am as “the missing piece of the puzzle” that could lift the opposition bloc “to 62 or 63 seats.”

In 2021, however, there was a shedding of some of the longstanding reluctance to consider an Arab party in the coalition, for those who saw the political necessity of doing so in order to remove Netanyahu from office. Netanyahu himself had reportedly spoken with Abbas about some form of a political partnership. This time around, the prospect of an Arab party in the coalition prompts more wariness among many Israelis, particularly this early in the election cycle when it is unclear if it will be absolutely necessary to do so.

Political commentator Nadav Perry, host of one of Israel’s most influential political podcasts, says that the party’s ties to conservative Muslim religious leadership, together with the rapid collapse of the 2021 government and the trauma of Oct. 7, 2023, had effectively pushed the idea of Ra’am joining another coalition with Jewish parties back to “square one.”

The addition of Segalovitz to Ra’am could change that by making the party more palatable to the Israeli public and could expand its voting base.

Ameer Bisharat, the former director-general of the National Committee of Arab Local Council Heads, added that Arab Israelis are “hungry for change.”

“Change can come through political power, and Abbas understands that very well. He is trying to create that political power,” Bisharat said

JTA reached out to both Ra’am and Segalovitz for comment. Segalovitz’s spokesperson declined to comment, while Ra’am did not respond to a request for comment.

Segalovitz has been a member of the Lapid-led Yesh Atid party, a centrist bloc which emphasizes secular rights and opposition to draft exemptions for haredi Orthodox yeshiva students, since 2016. He later served as Deputy Minister of Internal Security in the Bennett-Lapid government. In that role, Segalovitz was the public face of the government’s efforts to combat violent crime in Israel’s Arab communities. During his tenure, the number of murders in Arab communities declined sharply before rising dramatically again after the government fell.

Bisharat, who worked with Segalovitz and now advises the public policy department at the Accord Institute on Arab voting patterns, said the Bennett-Lapid government was “successful” for Arab society. It helped build trust between the government and Arab citizens and it presided during a decline in violent crime in the Arab communities in Israel.

Under Segalovitz’s leadership, a special plan was developed to combat crime in Arab communities, focusing on the main drivers of crime, improving case clearance rates and strengthening cooperation among the various authorities, which was not continued under far-right National Security Minister Itamar Ben-Gvir. In Segalovitz’s only full year in government, the number of Arab citizens killed in crimes fell from 126 to 116, according to data from the Abraham Initiatives, a nonprofit that tracks violence and crime in Arab communities. The figure surged to 244 the following year, after he was replaced.

“Segalovitz was the point person in the previous government on crime in the Arab community,” said Perry, the political commentator. “He worked on it, and he delivered results. That made him a very popular figure on the Arab street. Not because he was pro-Palestinian, not because he was against the IDF, but because he reduced crime among Arab citizens.”

Former Yesh Atid MK Inbar Bezek, who served alongside Segalovitz in both the party and the coalition that relied on Ra’am, told JTA: “I saw with my own eyes that Yoav is an extremely respected and well-liked figure throughout Arab society, especially among local government leaders.”

Segalovitz’s possible move is far more than symbolic.

Bezek believes Segalovitz could both increase Arab voter turnout and attract Jewish left-wing voters to Ra’am. “I truly think he’s someone who brings voters to the ballot box,” she said. But she emphasized that the addition of Jewish voters would not change the overall balance between the opposing blocs, because those voters would otherwise support the Democrats, the most left-wing Zionist party.

That assessment appears to be supported by a recent Channel 13 poll, which was conducted in part by Makladeh. The survey found that Ra’am would rise to seven seats if Segalovitz joined the party, compared with five seats in most recent polls. Makladeh said six of those seats would come from Arab voters, while one would come from Jewish voters.

The move’s real significance, argued Perry, lies not in winning additional votes before Election Day but in what happens afterward. He says that bringing Segalovitz into the party is intended “to create renewed legitimacy for Ra’am’s participation in a governing coalition.”

“I don’t think this would dramatically reshape the electoral map,” Perry said. “But it could dramatically reshape the question of legitimacy. It could complete Mansour Abbas’ metamorphosis from the leader of a non-Zionist Islamist party into the leader of a Jewish-Arab party that puts the integration of Israel’s Arab citizens first, while setting aside issues related to the Palestinian national struggle.”

Perry’s comments come as leaders of the opposition bloc send mixed and sometimes contradictory signals about whether they would govern with Ra’am.

Eisenkot has said he “doesn’t rule out” a coalition partnership with Abbas. Another strong contender for the premiership, Bennett, whose Together (Beyachad) party is polling second within the opposing bloc, said in February that “after October 7, there is no mandate in Israel for a government that relies on Arab parties.” Bennett recently declined to answer directly when asked whether he would rely on Abbas to form a government. Speculation is high, however, that he would agree to sit with Ra’am, given his past record of including the party in the coalition after running a campaign in which he promised not to do so.

Opposition Leader Lapid joined forces in this election cycle with Bennett after his own party struggled in the polls and the two now run together on the same slate. Lapid has also ruled out forming a government that relies on Arab parties — a notable position given that Lapid was the architect of the move to bring Ra’am into the coalition in 2021. Another opposition leader, Avigdor Liberman who heads Yisrael Beiteinu, sat with Ra’am in the 2021-2022 government. Last week, however, he said that “Ra’am cannot be a coalition partner.”

Segalovitz’s membership in Ra’am could soften that resistance.

“It will be very difficult to delegitimize a party whose number two is a Zionist and a former Israel Police major general,” Makladeh said. He believes that Segalovitz’s addition could effectively “legitimize” Ra’am’s votes in the eyes of the Israeli public, making it easier for opposition leaders to cooperate with the party after the election.

The hesitation among opposition leaders also reflects Netanyahu’s campaign strategy, which identifies the bloc’s dependence on Arab support as its main political vulnerability.

In a video posted this month on X, Netanyahu juxtaposed his political rivals with Abbas under the slogan, “It’s them or us.”

Segalovitz’s potential move has also drawn backlash from the right. Ben-Gvir called Segalovitz’s departure from Yesh Atid “a joint conspiracy by the left to pave the way for a future government with the Muslim Brotherhood.” Coalition lawmaker Tally Gotliv of the Likud called Segalovitz Abbas’ “pet Jew” and warned that his move could lead to “the imposition of Sharia law on Israel.”

Perry said, “Almost the only political asset Netanyahu has left to take into the election is negative campaigning, because it’s very difficult to build a positive campaign around the last term.” He argued that Netanyahu has relatively few lines of attack against Eisenkot beyond the possibility that he could form a government with Arab parties. “That’s basically the Likud’s one-trick pony in 2026,” Perry added. “And it’s a message that has political effectiveness.”

This is why the addition of Segalovitz who comes from the Israeli center and not the far left is significant, Perry explained. The political commentator added: “If Ra’am enters the realm of legitimacy — because it is no longer Ra’am, it is no longer Islamist, and it is no longer only Abbas but Abbas and Segalovitz — then that could create a more realistic possibility of removing Netanyahu after the election.”

The post How an obscure centrist politician could be key to defeating Netanyahu in October appeared first on The Forward.

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Man charged in Central Synagogue attack linked to posts about Israel, Judaism, and Mamdani

The man accused of attacking a woman and a security guard at Central Synagogue, a prominent New York City congregation on Manhattan’s Upper East Side during Friday night services, had filled his Facebook page with posts about Israel and Judaism in the months leading up to the attack — and, according to his aunt, had expressed a desire to convert to the Jewish faith.

“He’s mentally traumatized because of his desire to belong to that religion [Judaism] — that’s what he’s said,” Myriam Montes, the aunt of Larry Montes, 46, told the New York Post.

“Given what happened, he might not have been in his right mind,” she said. However, she added that she had not spoken with her nephew in three months.

On a Facebook page that appears to belong to Montes, he reposted a video comparing New York City Mayor Zohran Mamdani to Iran’s Ayatollah Ruhollah Khomeini.

Other videos reposted on the page focused on Jewish and Israeli topics. One featured a Jewish man disputing claims that the Talmud contains disparaging remarks about Jesus. In 2024, he posted a photo of the map of Israel with text overlaid that says, “Keep Israel in your heart.” Another reposted video featured Rabbi Yosef Mizrachi explaining why evangelical Christians support Israel.

The page also reposted several videos from Ruhama’s Food, a popular Israeli social media account.  

The Facebook page’s recent posts are more disjointed. They include screenshots showing attempts to translate seemingly incoherent Spanish text into Hebrew.

Police said Montes had three prior arrests before the Central Synagogue attack, all of which were for robbery.

Montes was charged with two counts of assault as a hate crime and one count of criminal mischief as a hate crime. He is expected to appear in court on August 20.

The post Man charged in Central Synagogue attack linked to posts about Israel, Judaism, and Mamdani appeared first on The Forward.

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