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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021. 

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 

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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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House Democratic leader Hakeem Jeffries calls for ‘dramatic change’ in Israel policy

(JTA) — U.S. House of Representatives Minority Leader Hakeem Jeffries, a New York Democrat poised to become the chamber’s speaker in January, called for a significant shift in the U.S.-Israel relationship but stopped short of opposing defense partnerships.

“The status quo is unacceptable, and we need dramatic change,” Jeffries told reporters at a Thursday press conference.

Jeffries expressed a need for such change with respect to the West Bank, to Gaza and to a memorandum of understanding with Israel over military aid set to expire in 2028. That agreement, signed by the Obama administration in 2016, pledged $38 billion in military aid for Israel from fiscal years 2019 through 2028.

President Donald Trump has said he will wind the aid down before it is set to lapse, citing Israel’s unpopularity, and Israeli Prime Minister Benjamin Netanyahu also backs ending military aid and replacing it by strengthening U.S.-Israel military cooperation.

But when asked about recent demands from Sen. Chris Van Hollen to remove provisions on defense collaborations with Israel from the National Defense Authorization Act – the model of what Netanyahu hopes to sustain – Jeffries responded that he hadn’t spoken with the senator. Van Hollen, a Democrat from Maryland, plans to challenge Senate Minority Leader Chuck Schumer leadership of the Senate Democratic caucus when Democrats take over the chamber in January.

Instead, Jeffries said that “things have to dramatically change over in the Middle East,” without elaborating on the details of such changes. He stressed the importance of ensuring “a safe and secure Israel living side by side as a Jewish and democratic state with an independent Palestinian state that provides dignity and self-determination for the Palestinian people.” Netanyahu and much of the Israeli public oppose the establishment of a Palestinian state.

While Jeffries noted that he wasn’t saying anything he hasn’t “previously said publicly,” his decision to reiterate this need for change following the election as Democrats are set to seize control of Congress demonstrates how the party is adopting a more critical posture on Israel.

This past summer, Jeffries wrote to colleagues urging them to reject an amendment proposed by Rep. Thomas Massie, a Republican from Kentucky, that would have cut military aid to Israel. While a slight majority of Democrats voted in favor of the measure, it was defeated after getting no Republican support aside from its sponsor.

Jeffries had argued at the time that “there are more decisive ways to achieve the urgent change necessary when it comes to the far-right Netanyahu government,” warning that Massie’s amendment would have restricted Israel’s ability to confront Hamas, Hezbollah and other terror groups.

Nonetheless, Jeffries also noted in the letter that the Obama-era memorandum of understanding “expires imminently,” and that “a meaningful change in direction is needed.” Writing that Israel has a robust economy and is capable of paying for its own weapons, he said that future security arrangements “should be structured consistently with defense agreements that exist with our other Western allies.”

Since writing that letter in July in the lead-up to the midterm elections, Jeffries focused primarily on domestic issues and didn’t often address the Israeli-Palestinian conflict. On Thursday, however, the topic was back on the table.

“We’ll work as a caucus to make sure that we can bring about the just and lasting peace that Israelis and Palestinians deserve,” Jeffries said.

This article originally appeared on JTA.org.

The post House Democratic leader Hakeem Jeffries calls for ‘dramatic change’ in Israel policy appeared first on The Forward.

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Ahmed Moor, John Fetterman’s first challenger, envisions ‘Palestine-Israel, from the river to the sea’

(JTA) — When Ahmed Moor started his freshman year at the University of Pennsylvania in 2002, he remembers navigating an atmosphere of Islamophobia around the one-year anniversary of Sept. 11.

He recounted how as he was exiting a derelict math building known for what Moor described as its “dungeon-like” interior, he overheard a kippa-clad student commenting on the grossness of the neighborhood, noting that “it’s not like Ramallah or anything.”

“It was a tough environment,” Moor said, recalling that during a campus protest in 2003 against the Iraq war, he was met with “Go home, terrorist” and other such slogans. “You kind of build a muscle around that early on.”

More than two decades later, the 42-year-old Palestinian American writer is now Pennsylvania’s first candidate to announce a 2028 bid for Democrat John Fetterman’s U.S. Senate seat – running on a platform of dignity, equal rights and affordability.

Though still two years away, this high-stakes race could change how much support Israel gets from the Democratic Party. Fetterman, who hasn’t declared if he will run again, has irked many fellow Democrats by joining Republicans on certain issues, particularly in defending Israel, but has also maintained a powerful voice in a caucus that has held just 47 seats for the past two years. But that influence may soon dissipate, with the Democratic caucus poised to have at least 55 out of 100 seats when Congress convenes in January.

Regardless of whether Fetterman chooses to run, for Moor – a Democratic Socialists of America member from Philadelphia – to secure the seat would require a dramatic shift in voter trends across purplish Pennsylvania.

Moor enters the playing field with radically different stances on Israel and foreign policy from those that Fetterman has espoused. Moor’s priorities include stopping the funding of wars and trimming the military’s budget in general, as well as many domestic issues that Fetterman has historically supported, such as universal healthcare and childcare and affordable housing.

“The DSA presents a really good opportunity for the Democratic Party to re-energize, reinvent itself,” Moor said, describing the DSA as “a blood transfusion.”

An avowed anti-Zionist, Moor wants economic sanctions against Israel and to hold the country’s leaders accountable for what he alleges are war crimes. Ultimately, he said he hopes to see the development of one “Palestine-Israel” state that has equal rights for all — a dream that he said is rooted in American principles of emancipation.

Born in Gaza, Moor moved to Philadelphia as a child and went on to earn degrees from both Penn and Harvard, and started a career in finance. He then switched to journalism, reporting in Beirut and Egypt for The Guardian and other outlets, and co-editing the book “After Zionism: One State for Israel and Palestine.” He also spent many years in Jordan, where he launched a peer-to-peer lending organization, before returning to Philadelphia in 2021.

Looking back at his years as a college student, Moor recalled experiencing some “ambivalence about being an American, the promise of life, liberty, pursuit of happiness, the equality before the law,” particularly while he felt like people viewed him as an outsider.

But he said that things began to look up when he joined the Free Palestine Action Network, a fledgling campus group that existed before Students for Justice in Palestine.

Turning to the situation in the Middle East today, Moor said he still has family members in Gaza, as well as some in the West Bank. Many of his relatives in Gaza, he added, were killed during the war.

He noted that his aunt “was diagnosed with cancer and died a very painful death shortly after that because the hospital itself was destroyed.”

In the future, Moor said he would envision “all of Palestine-Israel, from the river to the sea” as one state with equal rights for “Jews, Palestinians, Druze” and everyone else, including “all of the East Asians who work there, who built lives there.” Lebanese areas currently under Israeli military occupation would go back to Lebanon, while the Golan Heights, captured by Israel in 1967, would go back to Syria, he added.

The leaders of this hypothetical state, according to Moor, would need “to represent everyone who lives under its authority,” with the Knesset legislating laws, the military serving all the people and Palestinians earning a right of return.

Moor compared the current phase of this conflict to mile 15 of a marathon: “Every footfall from here to the finish, 11 more miles, is painful.” Crossing the finish line, he argued, will require “the emancipation of the Palestinians, the right-sizing of our understanding of equal rights, where Jews don’t have superior rights in that country.”

Whether Moor’s Middle East positions will resonate with Pennsylvania voters when they choose their next senator in 2028 remains uncertain.

“If we look at the surveys leading up to the election, that issue didn’t come up a great deal,” Berwood Yost, a public policy expert at Franklin & Marshall College, told JTA. “It was the concerns about personal finances and economics and affordability that were largely driving voters.”

Daniel Hopkins, a political science professor at the University of Pennsylvania, told JTA that although the conflict is “highly evocative and emotive,” his polls have shown that “relatively few voters rank it as an important issue,” except in deep blue Philadelphia.

Yet even if the conflict doesn’t have a direct influence on most voters, Hopkins said that its divisiveness helps candidates distinguish themselves from rivals. For example, he continued, a stance on this subject can often serve as a shortcut to other views.

“The issue partly functions as a within-party issue that helps certain Democrats differentiate themselves from other Democrats,” he added.

For Moor, the idea of maintaining the status quo, which he described as preserving alliances just “to shore Israeli apartheid” would be inconsistent with American ideals.

He rejected the notion of a possible path forward with Gadi Eisenkot, the leader of Israel’s opposition bloc, who recently received a mandate to form a government to replace Prime Minister Benjamin Netanyahu’s ruling coalition.

“Jewish Israelis are confronted with a difficult frame now,” Moor said. “They don’t have any credible leaders who aren’t also implicated in genocide or massive war crimes.”

Asked if he considered Hamas militants to be war criminals, he responded that “everybody who’s committed a war crime is a war criminal.” But he argued that naming Hamas as such would be irrelevant, as the Israeli military had already killed most Hamas combatants, including former leader Yahya Sinwar.

Fetterman was still posting on X this week about “disarming Hamas,” noting that “this vote and voice will always follow our special ally.” Fetterman’s office did not respond to a request for comment.

Moor characterized the senator as “in the rearview mirror for Democrats,” adding that “Fetterman’s story is finished.”

Hopkins, from Penn, disagreed with that conclusion, pointing out that “no one knows whether Fetterman will seek reelection,” and that if he does so, it’s also unclear “whether he will do that as a Democrat.” Hopkins acknowledged, however, that the senator’s vote would be less powerful when it comes to legislating because of the decisive Democratic majority.

As for other possible candidates, Hopkins is looking at  potential contenders such as U.S. Rep. Chris Deluzio, who represents southwestern Pennsylvania residents in Beaver and Allegheny counties, including some Pittsburgh suburbs. He also named Conor Lamb, an attorney who served in Congress from 2018 to 2023.

Yost, from Franklin & Marshall, cited these names as well, while noting that “Fetterman has alienated a number of people in his party.”

“There’s been increasing dissatisfaction among his base, including people who voted for him,” added Yost, who directs the college’s Center for Opinion Research and its Floyd Institute for Public Policy.

But Yost also stressed that “running in a state like Pennsylvania for an office like the U.S. Senate is a significant undertaking” that requires large amounts of travel, networking and fundraising.

“Starting now is not a bad idea,” he said. “Two years will be here before you know it.”

Although voters might not be “dialed in” to the 2028 elections for a while, Penn’s Hopkins added that “now is the period of time when candidates are beginning to jockey.”

“One strategy by declaring early might be to try to tell other contenders who would be in your lane, ‘Hey, I’m in this lane,’” Hopkins said.

As for the chances of a Democratic socialist in a swing state like Pennsylvania, Hopkins didn’t rule Moor out but said that “any such individual would have an uphill climb.”

Another Democratic socialist who Moor said he finds inspiring, Chris Rabb, recently won a U.S. House seat in Pennsylvania, but he did so in a heavily Democratic district of Philadelphia, Hopkins noted.

“Pennsylvania has not often nominated candidates who are on the extremes of their party,” he said.

But Yost also acknowledged that “these days, people want to see non-politicians running,” so Moor’s novice status would not necessarily create a barrier to his success.

Despite his relative inexperience, Moor said he is reaching for the Senate seat due to his passion for foreign policy. He said he has concrete ideas for optimizing the military, by deflating a “bloated weapons program,” focusing more on drones and then reinvesting in both jobs programs and climate resilience initiatives.

Recognizing the mammoth expense that running in a state like Pennsylvania involves, Moor said that his fundraising efforts have started out strong, with a lot of “small-dollar” contributions, including from many Jewish donors.

Asked if he had a message for Jewish voters, Moor said that he would convey that “we’re Americans first” and that he believes “in the dignity agenda for all Americans.”

“Poverty is indifferent about whether you’re Jewish or Palestinian, Black, white, whatever,” he said.

This article originally appeared on JTA.org.

The post Ahmed Moor, John Fetterman’s first challenger, envisions ‘Palestine-Israel, from the river to the sea’ appeared first on The Forward.

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What Muhammad Ali taught me from his Jerusalem hotel

The one time I got to talk to Muhammad Ali was a summer evening when I was working at one of my favorite college internships — in the McClurg Court newsroom of WBBM Newsradio 78, the Chicago affiliate of CBS Radio.

The scene came to mind earlier this week when I released a new audio documentary called Broken Hologram about Ali and his brief stint as a Broadway star. But back then, I was one of a quartet of interns who included a cool girl from Hyde Park named Gwen Billings with whom I occasionally took lunch at a nearby hot dog stand and discussed important news figures like, say, Depeche Mode and The Smiths. There was also Linda, a hard-nosed news reporter in the mold of Holly Hunter in Broadcast News. Sometimes she came around to my cubicle and took sips of my Dr. Pepper. Not in a flirtatious way, more in a proto-Daniel Day-Lewis “I drink your milkshake” kind of way. There was a fratty guy named Scott who wore a class ring from (redacted). He went on to a lucrative career, just not in journalism. There was one other dude; he was from Crown Point, Indiana, but that’s just about all I remember.

My job consisted of answering phones, ripping wire copy from the AP and UPI machines, getting sources on the phone and calling every major fire and police station every night to see if there was a story to be reported (“Hi, Sergeant Kupka, it’s Adam from WBBM: Do you have anything working in your area?”).

Even though every sergeant told me the same thing every night, I kept calling because that’s what journalists do: You keep making the calls. In fact, I did pretty much whatever was asked of me, and turned feisty only when one of the few asshole reporters tried to get me to run downstairs to the loading area to fetch him a “Green Streak” edition of the Tribune so he could check on his stocks or intimated that my job description should include making him coffee.

“Sure could do with a cup o’ coffee right now, Adam.”

“Cool, why don’t you make yourself one?”

Note: The individual referred to is decidedly not John Cody, a truly great man who remains a friend to this day. (Fun fact: During Vietnam, John worked for Stars & Stripes alongside Seth Lipsky, founder of the English language edition of the Forward)

Nor am I referring to sports reporter Rich King, a prince of a man who always offered to get people sandwiches from the White Hen Pantry (“Anyone need anything from ‘The Hen?’”).

Sometimes, when the news day got super-slow — for example, when Notre Dame football coach Lou Holtz was in the studio doing a live call-in show — I passed the time by trying to guess the usually ridiculously easy passwords for the WBBM staff’s new computers and snooping in the reporters’ early version of email in a futile effort to find anything interesting. Apologies to the late Dale McCarren (DMC123).

Father Lawrence Martin Jenco. Photo by Cynthia Johnson/Getty Images

I was working the evening shift when the top news story was about Father Lawrence Martin Jenco, a Catholic priest from Joliet, Illinois, who had been taken hostage in Beirut while he was working for a relief agency. Muhammad Ali was part of a delegation that had flown to the Middle East to try to arrange his release.

Meet Broken Hologram | RSS.com

My supervisor was a terrific guy named Duane Gray, an African-American Conservative who was big on conspiracy theories (“You should read this book. It’s called The Terror Network.”). He was a great manager and colleague who made sure that we kept to the schedule and that traffic, weather, sports and news headlines always came right when they were supposed to. On this particular night, Duane gave me a mission: “Get ‘The Champ’ on the phone.”

“Uh, how do I do that, Duane?”

“Call every hotel,” he said.

He scrawled a list of hotels in Tel Aviv and Jerusalem on a legal pad and I started calling Information to get their numbers. Advantage of working for a CBS affiliate: You got to make all the long-distance calls you wanted.

How many calls did I make? What were the names of all the hotels? I have no idea. But I do remember that one of them was the King David Hotel in Jerusalem because this time, when I asked to be transferred to Ali’s room, no one said, “Sorry, no one here by that name.”

Ali picked up. His voice had that raspy quality it got after he retired from boxing. “Hullo?”

“Hi, I’m calling from Newsradio 78. I was hoping one of our anchors could speak with you.”

“You’re calling from Chicago?” he asked.

“Yeah.”

“Man,” Ali told me, sounding weary but amiable. “It sounds like you’re calling from right next door.”

Duane could be a wise-ass and a cynic, but now he was star-struck. He sprang to his feet. “Is that the Champ?”

I nodded.

Duane grabbed the phone. “How’re you doin, Champ? You’re gonna be on with Dale McCarren. I’m gonna patch you through, Champ.” He gave me a hearty high-five.

Some time later — perhaps after a week, perhaps after two — when Madonna was in town for some concert, movie junket or photo shoot and Duane told me he wanted to get her on the air, I knew exactly what to do.

After I got her on the phone at her hotel and transferred the call to Duane, he shouted: “This kid,” he said, complimenting both me and his own managerial talent, “has the best news instincts of anyone in this newsroom!”

“Hello, Madonna?” Duane said into the phone. “You’re gonna be on with Dale; let me patch you through.”

The post What Muhammad Ali taught me from his Jerusalem hotel appeared first on The Forward.

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