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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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Abdul El-Sayed and Jamie Raskin sidestep Hasan Piker, and Israel, in Michigan campaign stops
(JTA) — ANN ARBOR – As Michigan U.S. Senate candidate Abdul El-Sayed made campaign stops with a prominent Jewish congressional leader on Wednesday, there was one subject neither he, nor his Democratic allies onstage, were interested in discussing.
“Don’t any reporter ask me again about Hasan Piker,” Michigan U.S. Rep. Debbie Dingell told the crowd at an Ann Arbor, Mich., town hall, to cheers. “It’s not what November is about.”
Dingell’s crack was the only time the prominent left-wing streamer’s name was mentioned at all during the pair of El-Sayed rallies that day. Piker’s recent comments that American Jews who “tie” themselves to Israel would “suffer the consequences of the actions of that state” prompted uproar from several corners of Democratic leadership. Despite this, El-Sayed’s new Jewish campaign surrogate, U.S. Rep. Jamie Raskin of Maryland, avoided the topic altogether.
That reluctance to talk about Piker on the campaign trail Wednesday extended to the candidate himself. El-Sayed didn’t mention Piker, nor Israel, once in either of his campaign stops with Raskin, except when asked directly by reporters.
The former county health official campaigned with Piker during the primary — including at one stop at the University of Michigan a stone’s throw away from Wednesday’s event — as the two made opposition to Israel a central issue of his candidacy. But at a press conference following his Ann Arbor event, El-Sayed described Piker as “a streamer in California,” adding that the media was putting too much focus on his most prominent supporter.
“I’m less interested in going to the tabloid version of our politics where we cover this as who’s in, who’s out, who’s up, who’s down, who’s talking to who,” El-Sayed said. “I’m a lot more interested in talking to the people in the state who had a bum deal because of Donald Trump and the politics that [El-Sayed’s GOP opponent] Mike Rogers has been the epitome of for a very long time.”
Raskin, one of the most prominent Jewish Democrats in the House, also showed a reluctance to talk about Jewish voters in general. The Jewish Telegraphic Agency asked the congressman in Ann Arbor how he would sell El-Sayed to Jewish Democrats uncomfortable with his rhetoric. In response, he did not mention Jewish concerns.
“Those of us who have been fighting Donald Trump and his authoritarianism and corruption and violence against American citizens and immigrants for 10 years now understand that this is an essential referendum about the future,” Raskin said in response. “Will we have democracy or will we have autocracy?”
He added that he has been “campaigning for Democrats all over the country,” and praised the party for being “a very big tent.”
“Just like any big family Thanksgiving dinner, there can be arguments and people jostling, and there’s unruliness,” Raskin said. “But fundamentally, we all believe in democracy and freedom and the progress and prosperity of our people.”
Yet questions about Piker, and how close the movement he represents may come to remaking the Democratic Party’s values, hang over both Michigan’s Senate race and the future of Jewish inclusion in the party. As the party fights to retake Congress this fall, some liberal Jewish voters believe the growing backlash against Israel among the “big tent”’s progressive wing is damaging their historic coalition. A growing number of Jewish voters in Michigan who previously backed Democrats are now supporting Rogers instead, and El-Sayed’s association with Piker is often cited as a key reason why.
In playing the role of uniter, Raskin is slaloming carefully between the party’s different factions. Before campaigning with El-Sayed, the congressman stumped for Michigan Rep. Hillary Scholten, a moderate Democrat who has withheld her endorsement of El-Sayed while specifying his association with Piker as a sticking point.
Also being silent on the rallies is a key target of Piker’s: Michigan state Sen. Jeremy Moss, whose likeness the streamer had made his latest comments in front of. The Jewish and pro-Israel Democratic congressional candidate is running in a heavily Jewish district that encompasses Oakland County, where El-Sayed’s second rally of the day took place. In recent days, Moss said that El-Sayed was “going to have to demonstrate some serious outreach to Oakland County’s Jewish community.” He declined to comment to JTA about the day’s rallies.
As they largely avoided the elephant in the room among Democrats, El-Sayed and his allies also preached the importance of party unity in taking on their Republican opponents.
“There’s a big effort to divide us,” Raskin told the second rally’s audience in Farmington Hills. “They’re trying to pick on disagreements in our party, trying to exacerbate conflict, because we have freedom of thought in our party and freedom of speech in our party and freedom of dialogue.”
This article originally appeared on JTA.org.
The post Abdul El-Sayed and Jamie Raskin sidestep Hasan Piker, and Israel, in Michigan campaign stops appeared first on The Forward.
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Dolly Parton’s legacy includes the Jewish children’s book program she inspired
(JTA) — Dolly Parton, the singer who died Tuesday at age 80 after a brief bout with cancer, was mourned around the world as a stellar songwriter, consummate country hitmaker, savvy entrepreneur and generous philanthropist.
In Jewish circles, she was also remembered as the inspiration for PJ Library, a program that sends free children’s books to Jewish families in order to foster Jewish values and traditions.
In 2015, when Harold Grinspoon launched PJ Library, he took a page from Parton, who a decade earlier had started Imagination Library, a literacy program that mails free children’s books to families across the U.S.
After hearing Parton interviewed about the program, Grinspoon, a philanthropist in and out of the Jewish community, signed on as a sponsor of the Imagination Library in Western Massachusetts, where he lives.
“We should create a Jewish version of Imagination Library,” said Grinspoon, according to a 2023 recollection by his daughter-in-law and president of the Harold Grinspoon Foundation, Winnie Sandler Grinspoon.
“Harold was looking for ways to build Jewish literacy,” she wrote. “He was witnessing a lack of connection to the values, stories, and traditions that have been at the center of the Jewish experience for millennia.”
Two decades later, PJ Library has more than 670,000 subscribers in 40 countries.
On Tuesday, in a tribute to Parton, PJ Library and the Harold Grinspoon Foundation recalled a meeting between the two in 2023. According to an Instagram post, “she shared the following with him: ‘I am honored to get to help inspire a love of reading in children. They truly are our future.’”
“Harold remembers Dolly as ‘a truly amazing person — not only a great artist, but a great entrepreneur and philanthropist,” according to the post. “We honor Dolly for educating millions, for her remarkable career, her kindness, her art, and especially her generosity.”
“Dolly’s generosity of spirit extended far beyond inspiring the creation of PJ Library,” Alex Zablotsky, PJ Library’s executive director, told the Jewish Telegraphic Agency.
Parton drew inspiration for her art and philanthropy from her hardscrabble roots in rural Tennessee. She was one of 12 kids growing up in a one-room log cabin in the Smoky Mountains. Parton’s father never learned how to read or write.
“This actually started because my father could not read and write, and I saw how crippling that could be,” Parton said of the Imagination Library at a ceremony where she was awarded a Carnegie Medal for her partnership with a pediatric hospital in East Tennessee, now named for Parton.
“My dad was a very smart man. And I often wondered what he could have done had he been able to read and write. So that is the inspiration,” she said.
Parton had a close bond with other Jews, notably Sandy Gallin, the manager who guided her from Nashville to mainstream pop stardom, according to the Forward.
When Gallin died in 2017, Parton said, “Nobody could quite get how the Christian Southern girl and the New York Jewish boy could have so much in common. But it was real.”
One trouble spot, however, came in a 1994 interview with Vogue Magazine, when Parton mused about starting a television series about a country singer who turns to gospel music. She gave up the idea, she said, because “most of the people out here [Hollywood] are Jewish and it’s frightening for them to promote Christianity.”
She later apologized in a letter to Abe Foxman, then head of the Anti-Defamation League, JTA reported at the time.
“I know how stereotypes can be hurtful,” she wrote. “Like all Americans of good will, I recognize the importance of rejecting prejudice.”
Foxman accepted her apology. “Whatever she said was unfortunate, and she recognizes that,’” Foxman told The New York Times. “I know it’s not easy for celebrities to publicly say they made a mistake. As far as we are concerned, the matter is behind us.”
On Tuesday, Laura Liebman, director of development for The Bronfman Fellowship for young Jewish leaders, paid tribute to the singer, who was a feminist and an ally of the LGBTQ+ community.
“Dolly somehow managed to transcend race, class, religion, politics and gender,” Liebman wrote in an essay for eJewishPhilanthropy. “As the Jewish community becomes increasingly siloed, we could all learn from Dolly’s radical acceptance and show more love and compassion for our fellow Jews.”
This article originally appeared on JTA.org.
The post Dolly Parton’s legacy includes the Jewish children’s book program she inspired appeared first on The Forward.
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Second Reform synagogue in Israel has windows broken
(JTA) — TEL AVIV – A window was broken at a Reform synagogue on Sunday in the central Israeli city of Ramat Hasharon less than two weeks after a similar incident occurred in Jerusalem in an incident the mayor called an act of vandalism.
Congregation Darchei Noam called the incident a hate crime, and Ramat Hasharon Mayor Itzik Rochberger condemned the incident and called for police investigation.
Police said the damage was most likely caused by rocks thrown at the building during the night but said the motive remained under investigation.
Rabbi Eli Levin, who leads Darchei Noam, said a heavy paving stone had been used to smash the window.
“This wasn’t children playing and a stone accidentally being thrown,” Levin told JTA.
The incident came just over a week after vandals broke into Kol HaNeshama, a prominent Reform synagogue in Jerusalem’s Baka neighborhood. In that occurrence, a group of youths smashed a window, entered the prayer hall, damaged artwork and tore down Pride flags displayed by the congregation. No worshippers were present at the time. Police opened an investigation but have not publicly announced any arrests.
“The smashing of the windows tonight at the Reform synagogue in the city is a serious act of vandalism and we will not let it pass without response,” Rochberger said, calling on police to thoroughly investigate the attack and bring those responsible to justice.
He added that Ramat Hasharon was committed to “freedom, tolerance, pluralism and coexistence” between religious and secular residents and said the city would not allow extremists to intimidate residents or damage the fabric of communal life.
“We will stand together against any attempt to harm the character of Ramat Hasharon and the values on which it is founded,” Rochberger said.
Democrats MK Gilad Kariv, a Reform rabbi who previously headed Israel’s Reform movement, linked the attack to recent violence against Reform congregations, businesses operating on Shabbat and anti-government protesters.
“They will smash and break – we will repair and build,” he wrote on X.
Darchei Noam was founded in Ramat Hasharon in 1981 and serves residents of that city, Herzliya and northern Tel Aviv. The congregation holds egalitarian services in which women and men participate equally and also runs educational programs, bar and bat mitzvah preparation and community volunteer activities, according to its website.
The congregation spent years fighting for the right to build a permanent synagogue. After the municipality declined to allocate land to a non-Orthodox congregation, the dispute ultimately reached Israel’s High Court of Justice, which ruled that the community could receive a plot.
Darchei Noam said it would hold its regular Friday night service as planned and called on supporters to attend in a show of solidarity following the attack.
“We will continue and we will not be deterred,” Levin said. “We will continue to hold egalitarian ceremonies and celebrate the holidays in our Jewish-Israeli way.”
The incident came as Ramat Hasharon and nearby Herzliya have been locked in disputes over businesses operating on Shabbat. In June, a Tel Aviv court dismissed a petition seeking to force the Ramat Hasharon municipality to enforce its existing Shabbat closure bylaw at the BIG Fashion Glilot shopping complex after the city pledged to apply the law under a new enforcement policy.
The municipality has simultaneously sought Interior Ministry approval to amend the decades-old bylaw to permit businesses to open on Saturdays in designated areas. Rochberger has repeatedly defended that effort, saying Ramat Hasharon should remain pluralistic and protect both freedom of religion and freedom from religion.
Just a few hundred meters away from the synagogue, businesses in the Neve Israel neighborhood of Herzliya have repeatedly been vandalized after opening on Shabbat. The local Othello ice cream shop was attacked three times before its owners stopped opening on Saturdays, citing safety concerns, while the windows of the nearby Pasta Basta restaurant were smashed in late July. Pasta Basta continued operating on Shabbat.
Herzliya Mayor Yariv Fisher has urged residents to support businesses that remained open on Saturdays.
“This will only spur me to keep working day and night to ensure that Herzliya remains a beacon of liberalism,” Fisher wrote on Facebook. “I invite the public to support all the city’s restaurants, entertainment businesses and cafes.”
Jerusalem has seen a parallel fight over Shabbat commerce in recent weeks. Cafe Basimta, near the Mahane Yehuda market, has faced weekly demonstrations by haredi Orthodox protesters since early July over its decision to remain open on Saturdays. Police have been deployed repeatedly at the site as protesters and counterprotesters faced off. A 75-year-old woman was arrested this month on suspicion of repeatedly vandalizing the cafe by damaging its lock and throwing garbage at the premises.
This article originally appeared on JTA.org.
The post Second Reform synagogue in Israel has windows broken appeared first on The Forward.
