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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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Hungary is poised to topple an authoritarian leader. American Jews have something to learn
An aspiring authoritarian, who has spent more than a decade shaping his country through a political project of popularist grievance and personal enrichment, may soon meet his electoral end.
That elected leader is not President Donald Trump, but Hungarian Prime Minister Viktor Orbán, who has ruled Hungary consecutively since 2010 (and who previously served as prime minister between 1998 and 2002). Hungarians will go to the polls on April 12, and Orbán’s Fidesz party is polling well behind the conservative, pro-European Tisza. That Trump, who is closely allied with Orbán, this week dispatched Vice President JD Vance to Budapest to campaign for Orbán may not be enough. (While there, Vance baselessly claimed EU interference in Hungary’s elections, turning back to the same old Trump playbook.)
There is much that Americans can learn from the Hungarian experience of years spent under the governance of someone accused of dismantling rule of law, a person whose inner circle has grown rich during his time in office. But American Jews in particular should pay attention. Because Orbán’s administration has used antisemitism as a political tool throughout his time in power, and is desperately turning to this hatred once again on its way, possibly, out the electoral door.
Examining the different purposes for which Orbán has employed antisemitism is instructive. The essential lesson: Antisemitism deployed by powerful people is often an attempt to evade accountability for their own bad actions.
The Orbán administration has tried to rewrite history so as to paint Hungary as a perpetual victim or victor — never a country responsible for misdeeds like, say, allying with Nazi Germany prior to being occupied by it. Orbán, like other politicians interested in historical revisionism, has tried to make adherence to his specific retelling of Hungarian history synonymous with being a true Hungarian. Anyone who challenges his vision is, in it, an enemy of the state.
For no one has that been more true than Hungarian-born Jewish billionaire philanthropist George Soros. In past elections, Orbán has inflated Soros to the status of a political adversary, campaigning against a spectral version of him instead of his actual political opponents. This approach, rife with antisemitic dog whistles, has been alarmingly effective.
“We are fighting an enemy that is different from us. Not open, but hiding; not straightforward but crafty; not honest but base; not national but international; does not believe in working but speculates with money; does not have its own homeland but feels it owns the whole world,” he said of Soros in the 2018 campaign, invoking any number of longstanding antisemitic tropes.
When Orbán’s authoritarian efforts extended to cracking down on liberal institutions and civil society, he turned again to antisemitism in the form of Soros conspiracy theories.
Under attack by Orbán, Central European University, the university that Soros founded, has mostly been pushed out of its original home of Budapest. When the Hungarian government passed legislation to criminalize helping those who wanted to claim asylum in the country, it was called “Stop Soros” legislation. NGOs in Hungary have long been smeared for receiving money from Soros’ Open Society Foundations, accused of being proxies through which Soros is “targeting” Hungary.
Recently, Orbán has pivoted, making Ukrainian President Volodymyr Zelenskyy the new scapegoat of his antisemitic conspiracy theories.
He has charged that support for Ukraine is expensive and even dangerous, and pushed the idea that Orbán and Fidesz are all that prevents such support from leading Hungary to disaster. Orbán and Fidesz have erected billboards showing Zelenskyy smirking with an outstretched hand, in a pose reminiscent of the antisemitic “happy merchant” meme. Perhaps most tellingly and menacingly, Fidesz has put up posters with Zelenskyy’s face, blazoned with nearly the same words that, almost a decade ago, accompanied campaign posters with Soros’s visage on them: “Let’s not let Zelenskyy have the last laugh.”
As Hungarians are asking what, exactly, the last decade and a half of autocracy have accomplished for them, their governing party appears to be suggesting that it is the only thing standing between them and the machinations of a nefarious Jew. Antisemitism can be many things, but in Hungary, again and again, it has been an attempt to trick citizens out of asking what good Orbán’s government has done for them.
This playbook has clear resonances in that deployed by Trump.
When threatened, Trump and his allies repeatedly turn to blaming Soros. They have used the idea of Soros as a sort of universal bogeyman to try to explain away Trump’s felony charges and to justify violence against citizens protesting ICE. The Department of Justice has tried to find ways to push for prosecutions of Soros and his allies, on far-fetched charges possibly including material support of terrorism.
What Orbán and Trump have both bet on is that dog whistling about all-powerful Jews will distract enough voters from noticing while they help themselves to their country’s rights and riches. If Orbán is defeated on Sunday, his loss will send an essential message to Americans: that strategy can only sustain a leader for so long.
Flailing about and sowing the seeds of antisemitic conspiracies cannot change the stubborn fact that neither Soros nor Zelenskyy is in charge in Hungary: Orbán is. Hungarians seem to see, now, that all that talk about Soros didn’t make their lives any better. Neither will going after Zelenskyy.
We can hope Hungarians remember that as they go to the polls. We, American Jews, should remind others, and ourselves, of it here, too. We often focus on trying to communicate that antisemitism is hateful and unfair toward American Jews. Perhaps, in addition, we should try to point out that Trump’s antisemitism, like Orbán’s, is not only hateful, but a hateful deflection.
The post Hungary is poised to topple an authoritarian leader. American Jews have something to learn appeared first on The Forward.
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Israel Expels Spain From US-Backed Gaza Coordination Center as Diplomatic Rift Deepens
Spanish Prime Minister Pedro Sanchez speaks during a press conference after attending a special summit of European Union leaders to discuss transatlantic relations, in Brussels, Belgium, Jan. 23, 2026. Photo: REUTERS/Yves Herman
Israel has expelled Spain from the United States’ Civil-Military Coordination Center (CMCC) in Kiryat Gat, a hub established to coordinate humanitarian operations in the Gaza Strip, marking a sharp escalation in an already deteriorating diplomatic rift between the two countries.
On Friday, Israeli Prime Minister Benjamin Netanyahu announced Spain’s expulsion from the CMCC, framing the move as a response to Madrid’s increasingly anti-Israel stance and what he described as continued hostility toward the Jewish state.
“Spain has defamed our heroes, the soldiers of the [Israel Defense Forces], the soldiers of the most moral army in the world,” Netanyahu said during a press conference. “Anyone who attacks the State of Israel instead of the terrorist regimes … will not be our partner in the future of the region.”
“I am not willing to tolerate this hypocrisy and this hostility,” the Israeli leader continued. “I do not intend to allow any country to wage a diplomatic war against us without paying an immediate price for it.”
In a press release, Israeli Foreign Minister Gideon Saar confirmed that the United States had been informed ahead of time, adding that the decision followed Spain’s serious harm to the interests of both Jerusalem and Washington.
The Spanish government has also been informed of the decision, though it has yet to issue any public statement or official response.
“Spain’s obsessive anti-Israel bias under [Prime Minister Pedro Sanchez]’s leadership is so egregious that it has lost all capability to serve a constructive role in implementing US President Donald Trump’s peace plan and the center operating under it,” the top Israeli diplomat wrote in a post on X.
For a long time, the government of Spain under @sanchezcastejon has been operating against the State of Israel in every way possible. Sánchez and his ministers level false blood libels against Israel and its army, defame and incite against Israel and Prime Minister Netanyahu. The…
— Gideon Sa’ar | גדעון סער (@gidonsaar) April 10, 2026
Established in October 2025 as part of US Central Command, the CMCC was set up to coordinate and manage the flow of humanitarian, logistical, and security assistance from the international community into Gaza under Trump’s peace plan for the enclave.
Since the start of the war in Gaza, and increasingly amid the war with Iran and broader regional escalation, Spain has launched a fierce anti-Israel campaign aimed at undermining and isolating the Jewish state on the international stage.
Earlier this week, Sánchez publicly condemned Israeli strikes in Lebanon and the widening regional escalation tied to the Iran conflict, renewing calls for the European Union to suspend its association agreement with Israel and urging an end to “impunity for [Israel’s] criminal actions.”
The Spanish leader also accused Netanyahu of breaching basic humanitarian norms, saying his “contempt for life and international law is intolerable.”
Spanish Foreign Minister José Manuel Albares has also publicly condemned Israel’s military campaign, describing the conflict as “the greatest assault on the civilization built upon the humanist ideals of reason, peace, understanding, and universal law over the abuse of power, brute force, and arbitrariness.”
In a phone call with his Spanish counterpart on Friday, Iranian Foreign Minister Abbas Araghchi praised Spain’s “principled and honorable” stance on what he called “US-Israeli aggression against Iran,” urging countries to take a firmer stand against what he described as war crimes.
“Spain’s valuable stances in defending international law and human values have been noted and praised by the Iranian nation and the international community, and will never be forgotten,” the top Iranian diplomat said.
Even though Spain welcomed the recently announced US–Iran ceasefire, Albares said, “Madrid will not applaud those who set the world on fire just because they show up with a bucket to put out that fire.”
As part of its broader anti-Israel campaign, Spain had recently closed its airspace to aircraft involved in what officials described as a “reckless and illegal confrontation” – another move welcomed by Iran’s Islamist government.
In one of its most controversial recent moves, Madrid also announced this weej the reopening of its embassy in Tehran.
According to data from Spain’s Ministry of Trade reported by Servimedia, the Spanish government exported more than €1.3 million worth of dual-use materials to Iran in 2024 and the first half of 2025, including explosive components, laboratory reagents, and specialized control software.
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DNC Fails to Pass Resolutions Condemning AIPAC, Pushing for Conditioning Aid to Israel
Crews prepare the stage at the annual AIPAC Policy Conference in Washington, DC, March 6, 2018. Photo: Reuters / Brian Snyder
A panel at the Democratic National Committee (DNC) on Thursday voted down a resolution to condemn the influence of the American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US, in Democratic primary elections. The panel also deferred a decision on resolutions to push for conditioning military aid to Israel and to recognize a Palestinian state.
The resolutions, which were considered within the newly created Middle East Working Group, were introduced into the agenda by Florida DNC member Allison Minnerly, who saw it as an opportunity to bring those who have not been “seeing their party support Palestinian rights or stand against military conflict” back into the fold of the Democratic Party, she told The Intercept.
Minnerly’s effort comes as the gap continues to widen between the official stance of the Democratic Party, which has largely supported aid to Israel in recent decades, and the views of the Democratic base, which now has an overwhelmingly unfavorable view of Israel, according to recent polling.
In recent months, a number of potential Democratic presidential hopefuls — including some who were former donors and speakers at AIPAC conferences — have been distancing themselves from AIPAC, saying they would not take money from the bipartisan group in the future.
Illinois Governor J.B. Pritzker, for example, recently said he abandoned his support for AIPAC when it “began to lean much more to the right and much more pro-Trump.” Another prominent Democrat, US Sen. Cory Booker (NJ) told Politico in March that he is no longer going to receive funds from AIPAC.
Others who have made sure to have no association with AIPAC include California Gov. Gavin Newsom and former Chicago Mayor Rahm Emmanuel.
Aside from the fact that Israel is now seen less favorably by Democratic voters, AIPAC has also become a hot topic on the left as its allied super PACs have become increasingly influential in Democratic primaries, spending millions to back candidates aligned with their positions. Critics within the party argue that this influx of money, including donations from Republican-aligned contributors, risks distorting Democratic contests and elevating outside influence.
Even so, the resolutions specifically calling out AIPAC, aiming to condition aid to Israel, and pushing to recognize a Palestinian state did not pass. Meanwhile, a separate resolution calling out all dark money went through.
“Let’s be clear on what really happened: Today, the Resolutions Committee voted to pass a resolution condemning the corrosive influence of ALL dark money in Democratic primaries,” DNC chair Ken Martin posted on X. “We had various resolutions that focused on different industries and groups, and instead of going one-by-one, we passed a blanket repudiation.”
Meanwhile, Democratic Majority for Israel President & CEO Brian Romick said in a statement that the Democratic pro-Israel group was “pleased” with the outcome of the vote.
“We’re pleased that the DNC Rules Committee rejected a set of divisive, anti-Israel resolutions,” he said. “These measures would be a gift to Republicans, would further fracture our party, and do nothing to bring Israelis and Palestinians closer to peace.”
“DMFI will continue to stay engaged with the DNC and its Task Force on the Middle East as it relates to these harmful resolutions,” he added. “The DNC and party advocates need to keep focus where it belongs — on building a united Democratic Party that can win back Congress this November.”
AIPAC spokesperson Deryn Sousa said in a statement to Politico that the DNC “made clear today that all Democrats, including millions who are AIPAC members, have the right to participate fully in the democratic process. And we plan to do just that.”
Halie Soifer, CEO of the Jewish Democratic Council of America — an organization that aims to bring Jews into the Democratic Party — told Politico that the DNC “as a whole has not shifted from where it has been … which is an organization that is inclusive of Jewish Americans and is supportive of the US-Israel security relationship, as well as Israel’s future as a Jewish and Democratic state.”
She argues that “misconceptions” about this have been driven by “a vocal, far-left faction of our party.”
“But they are in no way leading here,” Soifer said.