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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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Why is AIPAC targeting Trump’s ICE funding?
The American Israel Public Affairs Committee, often a reliable ally of pro-Israel Republicans, is now echoing Democratic outrage over one of President Donald Trump’s most polarizing policies: immigration enforcement. It comes amid backlash sparked by the fatal shooting this month of Renee Good by an ICE agent in Minneapolis.
AIPAC’s super PAC, United Democracy Project, began airing an attack ad over the weekend against former Democratic Rep. Tom Malinowski, who is running in a Feb. 5 primary for the House seat vacated by New Jersey Governor-elect Mikie Sherrill. The ad highlights his 2019 vote for a bipartisan border funding bill, which included an increase in funds for the Immigration and Customs Enforcement agency. “We can’t trust Tom Malinowski” to stand up to President Donald Trump, the voiceover says in the 30-second video.
AIPAC has become increasingly controversial among mainstream Democrats for backing pro-Israel Republicans who questioned the 2020 election results. That opposition deepened during the Gaza war as Democratic voters became more polarized over U.S. policy on Israel. Congressional candidates, including some Jewish Democrats, have promised not to take contributions from AIPAC. The group has also drawn attacks from white nationalists and some leaders of the MAGA movement for their lobbying on behalf of a foreign government.
The new ad is especially notable given that AIPAC has spent years cultivating ties to Trump-aligned Republicans, many of whom strongly support aggressive immigration enforcement. By attacking a Democrat over ICE funding while sidestepping Trump himself, the group is threading a narrow needle — aligning rhetorically with Democratic outrage while maintaining its broader bipartisan posture.
In the 2024 election cycle, the group spent $28 million in high-stakes Democratic primaries. That included more than $14 million, which contributed to the defeat of Rep. Jamaal Bowman, a strident critic of Israel. Malinowski, who served two terms in Congress from 2019 to 2023, holds a mainstream Democratic stance on Israel. During his first term, he traveled to Israel on a trip sponsored by the American Israel Education Foundation, AIPAC’s educational affiliate.
Israel has not been a key issue in the crowded special election in the northern New Jersey district, which includes a sizable Jewish electorate. The Jewish Democratic Council of America held a virtual candidate forum last week with eight candidates on issues important to Jewish voters.
A spokesperson for the United Democracy Project did not immediately respond to questions about why the group is targeting Malinowski, particularly on such a deeply contentious political issue. AIPAC spent at least $350,000 on the ad.
AIPAC ad is out https://t.co/f0cH6AIgja pic.twitter.com/udwL7nJgYf
— umichvoter (@umichvoter) January 17, 2026
Malinowski, 60, is a former assistant secretary of state for democracy, human rights and labor in President Barack Obama’s second term and previously served as a foreign policy speechwriter for President Bill Clinton. He first ran for Congress in 2018 in New Jersey’s 7th District, saying he was motivated by Trump’s election.
“I am myself an immigrant from Poland. My family was not Jewish, but experienced life under the Nazi occupation,” Malinowski said in an interview at the time. “That’s where my commitment to defending human rights comes from. That’s where my belief in the importance of protecting Israel comes from.” He is a close friend of former Secretary of State Antony Blinken. Malinowski was defeated in the 2022 election.
Malinowski is competing for the open seat against at least two leading contenders: Outgoing Lt. Gov. Tahesha Way and Essex County Commissioner Brendan Gill.
AIPAC typically focuses on U.S.-Israel relations and national security issues. However, its political arm has focused on domestic issues in close contests.
In 2024, they attacked Reps. Jammal Bowman of New York and Cori Bush of Missouri — two of the first House members to advocate for a ceasefire after the Hamas attack on Oct. 7, 2023 — over their votes against signature Biden-era bills, like infrastructure and healthcare.
In a statement to the New Jersey Globe, Malinowski called the attack “laughably preposterous” and suggested it would boomerang against AIPAC. “I have many pro-Israel supporters in the district, including AIPAC members, who believe you can be passionately pro-Israel while being critical of Netanyahu,” Malinowski said. “To say that they’re appalled by this ad would be an understatement. In fact, I’m reading a collective sense that AIPAC has lost its mind.”
The post Why is AIPAC targeting Trump’s ICE funding? appeared first on The Forward.
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The Jewish women who kept Confederate graves from disappearing
In June 1866, just over a year after the Civil War ended, young Jewish men in Richmond, Virginia, removed their coats and set to work among the graves of their fallen comrades. Some were “frail of limb,” a newspaper noted. They wheeled gravel and turf, filled the graves, and tamped the earth down “in a very substantial manner.” It was the last sad tribute they could offer.
The work that day was organized by Jewish women in the city. Their aim was permanence: to enclose the soldiers’ graves, to mark them, and to ensure they would not disappear “before the relentless finger of time.”
The Hebrew Cemetery in Richmond was established in 1816, decades before the Civil War reshaped the nation and long before the city became the capital of the Confederacy. It was the second burial ground for the Beth Shalome Congregation, Virginia’s first synagogue. Tucked within its grounds is the Soldiers’ Section, where 30 Jewish Confederate soldiers are buried, in what is believed to be one of only two Jewish military cemeteries in the world outside Israel.
They came from across the South, including Georgia, Mississippi, South Carolina, Virginia, and beyond. A bronze plaque at the entrance reads: “To the glory of God and in memory of the Hebrew Confederate soldiers resting in this hallowed spot.”
What matters here is not only who is buried — but who remembered them, and how.
The work the war left behind
In 1866, just a year after the war’s end, Jewish women in Richmond organized the Hebrew Ladies’ Memorial Association. That same year, the group issued an appeal “to the Israelites of the South” for aid to enable the society to care for the graves of Jewish Confederate soldiers from all over the South who lie buried in the cemeteries of Richmond.
It was a duty, an act of chesed shel emet, Hebrew for the truest form of kindness, performed for those who could not repay it.
Newspaper accounts from the period are striking for their clarity and urgency. These women understood that the work of memory is laborious — physical, ongoing, and vulnerable to neglect. Graves, they warned, could vanish unless someone acted.
So they took responsibility.
By the late 1860s and 1870s, the Association’s work had grown to include an annual memorial service. Reports describe flowers laid carefully on each grave, marble slabs placed at the head of each burial, names and regiments inscribed so those resting there would not slip into anonymity.
An 1868 account observed that “each grave has been marked in a manner that ensures that the names of the still tenants of this beautiful spot will be preserved from oblivion; and handed down to be further cherished by the generations yet to come.”
That language echoes a Jewish concept. Zachor. Remember.
Memory, they understood, does not preserve itself.
Importantly, these memorial services were not closed affairs. One report from 1868 noted that the crowd gathered in the cemetery “was not confined to any one denomination.” Jewish lives were honored in the public view, but still held apart from Richmond’s larger Confederate cemeteries, Hollywood and Oakwood, which were not consecrated for Jewish burial and could not accommodate Jewish ritual requirements, including separate sacred ground.
Tending the dead
The care itself remained constant, but the language surrounding it did not.
What is striking in early accounts of the Soldiers’ Section of the Hebrew Cemetery is not the absence of politics, but how its weight changes over time.
In the earliest years, memory and the war were still closely bound. The 1866 appeal issued by the Hebrew Ladies’ Memorial Association spoke openly of a “glorious cause” and framed the soldiers’ deaths within the language of Confederate sacrifice. Like other women’s memorial groups in the postwar South, these Jewish women used care for the dead to assert dignity and a claim to sacrifice in a defeated society.
Yet even then, the work itself was grounded in restraint. The focus was on names, tending, and preservation — on preventing the graves from vanishing. The labor was physical, repetitive, and unglamorous. Whatever meanings surrounded it, the work remained the same.
As decades passed, the emphasis shifted. By the 1930s, memorial services featured a cadet, Walter McDonald of the Catholic Benedictine College, sounding taps and the ceremonial laying of wreaths. Confederate organizations were invited to attend. In 1940 and 1941, the public was welcomed to observe the 74th and 75th annual memorials. After 1941, the Hebrew Ladies’ Memorial Association continued to participate alongside other organizations in Memorial Day observances, but it appears that by 1947 the local observance of “Hebrew Memorial Day” or “Jewish Confederate Memorial Day” faded as a distinct commemoration.
Across generations, the observance persisted, a refusal to abandon the dead to neglect. Memory grew larger than any one explanation. The women’s work became less about what the war had meant, and more about what the living still owed to their dead.
A refusal to forget
This is a complex story that shows how history so often complicates memory. It sits at the intersection of some of America’s most divisive episodes and a small minority faith community declaring its presence and its sacrifices over decades.
When the Civil War ended, Jews needed to be buried. What followed was a choice.
The Hebrew Ladies’ Memorial Association chose to take responsibility. To remember “many a loved brother, son, and husband.” To insist that whatever judgment history would render, oblivion was not acceptable for “Israelitish soldiers of the Confederate army.”
Today, the Soldiers’ Section in Richmond’s Hebrew Cemetery remains. Names are still remembered. The work begun in 1866 was not temporary.
The post The Jewish women who kept Confederate graves from disappearing appeared first on The Forward.
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Spanish PM Sanchez Says US Invasion of Greenland ‘Would Make Putin Happiest Man on Earth’
Russian President Vladimir Putin welcomes US President Donald Trump’s envoy Steve Witkoff during a meeting in Moscow, Russia, Aug. 6, 2025. Photo: Sputnik/Gavriil Grigorov/Pool via REUTERS
Spanish Prime Minister Pedro Sanchez said a US invasion of Greenland “would make Putin the happiest man on earth” in a newspaper interview published on Sunday.
Sanchez said any military action by the US against Denmark’s vast Arctic island would damage NATO and legitimize the invasion of Ukraine by Russia.
“If we focus on Greenland, I have to say that a US invasion of that territory would make Vladimir Putin the happiest man in the world. Why? Because it would legitimize his attempted invasion of Ukraine,” he said in an interview in La Vanguardia newspaper.
“If the United States were to use force, it would be the death knell for NATO. Putin would be doubly happy.”
President Donald Trump on Saturday appeared to change tack over Greenland by vowing to implement a wave of increasing tariffs on European allies until the United States is allowed to buy Greenland.
In a post on Truth Social, Trump said additional 10 percent import tariffs would take effect on February 1 on goods from Denmark, Norway, Sweden, France, Germany, the Netherlands, Finland and Great Britain — all already subject to tariffs imposed by Trump.
Those tariffs would increase to 25 percent on June 1 and would continue until a deal was reached for the US to purchase Greenland, Trump wrote.
Trump has repeatedly insisted he will settle for nothing less than ownership of Greenland, an autonomous territory of Denmark. Leaders of both Denmark and Greenland have insisted the island is not for sale and does not want to be part of the United States.