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.
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.
And each Yom Kippur, as worshippers attend the last prayers of the day, they might well ask: “Why is this closing service different from all other services?”
The Book of Life
Throughout the High Holidays, the 10-day period that begins with Rosh Hashanah and ends with Yom Kippur, Jews pray to be “inscribed” in the Book of Life – that God grant them life, livelihood, health and moral growth in the coming year.
The holidays culminate in Yom Kippur, the Day of Atonement: a day dedicated to reflection, fasting and repairing each person’s relationship with others – and through that, their relationship with God.
According to Jewish tradition, the Book of Life is sealed as Yom Kippur draws to a close, as is each person’s fate for the coming year. During the fifth and final service, one prays to be “sealed,” which on this Day of Judgment entails being forgiven. This last service is thus titled “Ne’ilah,” or “the closing,” reflecting the idea that the gates of heaven are closing. It also alludes to the gates of the ancient Temple in Jerusalem, where the holiday was once celebrated.
Ne’ilah prayers are accordingly recited at the closing of the day – just at sunset, adding nature’s drama to the closing of the day. The ambience is enhanced by keeping open the ark of the Torah, the usually closed chamber at the front of the synagogue that protects the scrolls of scripture. Many congregants remain standing, using this final chance to plead their case as the day slips by.
Yom Kippur is a day reserved for repentance, expressed through confession – and, in many ways, it is a day of repetition. The confessional prayer is recited up to 10 times over the course of five services.
It begins with the congregation asking God for forgiveness “for the sin that I have committed before You.” Yet what follows is an extended list of ethical sins, with a focus on the sins of abusive speech, such as slandering, slurring, slighting and smearing the reputations of others. A foundational concept of Judaism is that humanity is made in the image of God, meaning that in wronging others, we offend God as well.
After reciting the confessional, the Ne’ilah service adds one more prayer, not used in other services. This addendum focuses not on the specifics of confession but the dynamics of repentance: underscoring that belief that each person’s relationship with God is correlated with their relationship with other people.
Ne’ilah thus focuses on the sin of fraud, echoing a passage from the biblical Book of Jonah read in the preceding afternoon service: “Let everyone repent of their evil way by giving back the stolen goods in their hands.” To return to God, then, it is important to return what is owed to other people: emotionally, spiritually and materially.
Whereas the oft-repeated confessional focuses on offenses of the lips, such as slander, here the focus is on offenses of the hands: taking what does not belong to us, such as by exploiting the vulnerable or committing fraud.
“You give space” – literally, you give a hand – “to the sinner, but You extend Your right hand to penitents,” it begins. “You have taught us … to confess to You every one of our sins so that we cease handling unlawful goods.”
Judaism holds that God won’t forgive you for a sin if you haven’t made amends with the person you wronged. During the Days of Awe leading up to Yom Kippur, Jews are taught to ask each other for forgiveness, apologizing for the ways we wronged one another in the past year.
Repent and repair
Rather than browbeating people into repentance, the Ne’ilah service’s strategy is to boost them up into it, playing upon the biblical idea of the grandeur of humanity. “You have distinguished humanity from the beginning, privileging it to stand before You,” the liturgy says.
Judaism sees sin as a rupture that can be healed, not an inherent condition. The liturgy’s message is this: Live up to your greatness, your divinely endowed potential, as a being made in God’s image.
For Ne’ilah, the eminence of humanity consists in the ability to repent and set things right before man and God. This is what Yom Kippur is all about.
At Dartmouth, Jewish and Middle Eastern Studies refuse to stay apart
Immediately after the Oct. 7 attacks and the start of the Israel-Gaza War, Dartmouth College student Jackson Weinstein was “extremely outspoken” on campus about his support for Israel.
But by his sophomore year, he had largely withdrawn from discussing the conflict with other students.
“It felt like I was losing friends and just making things harder for myself,” said Weinstein, now a senior at the Ivy League university in New Hampshire.
This past school year, he enrolled in a new course, Difficult Conversations on the Middle East, developed by the college in response to debates over Israel and Gaza that have divided campuses across the country.
For the first several weeks, the class, jointly offered by Dartmouth’s Middle East and Jewish Studies departments, avoided delving into the conflict. Instead, students started by studying topics like groupthink, mindfulness, emotional regulation and academic freedom.
Only by the fifth week did they plunge into subjects like Palestinian armed resistance, women’s rights in the Middle East, the accusation of genocide in Gaza and the role of colonialism in the region.
“In the first class, students come in with this idea of, ‘How do I win the debate? How do I show that I’m right?’’” said Jonathan Smolin, a professor of Middle Eastern Studies. “That’s categorically not what we’re doing in the class.”
Smolin teaches the course alongside Ezzedine Fishere, a former Egyptian diplomat who spent five years posted in Israel.
The hope is that students learn to take an argument seriously enough to understand it before deciding whether they reject it.
The unusual course, offered again this school year, is the product of an experiment Dartmouth began long before Oct. 7. For roughly a decade, its Jewish and Middle Eastern Studies programs have deliberately intertwined themselves: professors co-teach and cross-list courses, serve on each other’s steering committees, co-sponsor visiting professors and even occupy neighboring offices in the same building. It’s just as much for the faculty as it is for the students.
“I want to understand why some people hold positions that I may find horrific,” said Susannah Heschel, chair of Jewish Studies at Dartmouth. “I’m not here to just condemn something; I want to understand the complexity of it.”
An unusual partnership
For Darcy Rochkind, a Middle Eastern Studies major modifying her degree to include Jewish Studies, the partnership is what drew her to Dartmouth.
Rochkind was applying to college in the fall of 2023, as campuses across the country were convulsed by protests and arguments over universities’ responses to Oct. 7. Her dream school was Columbia, but after watching congressional hearings on antisemitism in person and videos her mom sent her of Dartmouth’s Jewish Studies and Middle Eastern Studies professors discussing the conflict side by side, she changed her plans and enrolled at Dartmouth.
“You’d have a very hard time being a Middle Eastern Studies or Jewish Studies major without taking a class from the opposite department,” she said.
The experiment also extends beyond the classroom. In the immediate aftermath of the Oct. 7 attacks, Heschel and her colleagues in Middle Eastern Studies organized two public forums to discuss what had happened and opened it to students. The room was so packed that Dartmouth needed an overflow space, and Heschel said another 1,600 people watched via livestream.
After those initial forums, Dartmouth launched Middle East Dialogues, a series of events organized by faculty in Jewish and Middle Eastern Studies to explore challenging topics related to the region. Rather than foster safe spaces, Dartmouth leaders aspired to create what they call “brave spaces,” where students are encouraged to actively engage with disagreement.
To make it work, Smolin, who has organized many of the program’s events, deliberately avoids inviting speakers who are political activists on either side.
“We’re not interested in people declaring who’s right and who’s wrong,” he said. “That’s not what we do in higher education.”
Instead, they have hosted Israeli and Palestinian political commentators, think tank experts, and public-opinion researchers.
Professors have also facilitated meetings between students to expose them to different viewpoints. Weinstein and several other Jewish students went to dinner with a group of Muslim students, including two Palestinians and a student who had grown up in Gaza. His professor, Fishere, facilitated the gathering.
The students sat together at Pine, a Dartmouth restaurant, and talked for hours about the war, the accusation of genocide in Gaza and the experiences of Gazan civilians.
Weinstein had never before met someone who had spent his entire life in Gaza. He described the dinner as “one of the most human experiences I’ve had at Dartmouth.”
A national flashpoint
Dartmouth’s approach has become increasingly distinctive as Middle East studies programs have become flashpoints in campus battles over Israel, antisemitism and academic freedom.
Since Oct. 7, critics — including Jewish students, alumni, and watchdogs — have accused some Middle East studies programs across the country of teaching about Israel through a hostile ideological lens and creating an inhospitable environment for Jewish and pro-Israel students.
Some professors in the field, meanwhile, have argued that accusations of antisemitism in higher education are being used to police scholarship that could be critical of Israel.
Under similar pressure, Harvard’s Center for Middle Eastern Studies removed the center’s director and associate director from their leadership posts, though they kept their jobs. The Trump administration later demanded that the school’s Middle East Studies Department, among others, be audited by a third party to ensure a diversity of viewpoints.
The interventions prompted outrage from professors, students, and academic-freedom advocates arguing that the government was seeking to exert control over how universities teach about Israel and the Middle East.
According to Heschel, the climate has contributed to driving a wedge between Jewish Studies and Middle East Studies departments on some college campuses.
“I know that at some universities, faculty in Middle East and Jewish Studies don’t even talk to each other; they don’t respond to each other’s emails, for example,” she said. “That I find appalling. That’s unacceptable.”
Not everything is about conflict
For Heschel, the intellectual case for faculty in Jewish and Middle Eastern Studies to collaborate goes beyond teaching students how to talk about the current conflict.
“We want our students to know not just about the conflict that they read about in the newspapers today,” Heschel said. “We want them to know about a period where there was religious tolerance and respect for one another, to see that it’s possible we don’t have to live in a condition of anger and enmity.”
She co-teaches a course with a Middle East Studies professor examining how Jews in Europe and Arabs in the Middle East responded to modernity during the 19th century.
In one lesson, students learn about the Lebanese intellectual Butrus al-Bustani, who founded a school in Beirut in 1863 for Christian, Muslim and Jewish boys — and hired a cook to prepare kosher food for his Jewish students.
Engineering major Oguz Kurt, a rising junior who was born and raised in Turkey, took the course last semester.
“Building trust week over week” with classmates and professors, he said, brings people like him into the room who might otherwise be “intimidated” by the prospect of tense encounters in a class focused explicitly on the Israeli and Palestinian conflict.
Kurt wants to be there, which points to one obvious limitation to Dartmouth’s experiment: Students have to want to participate.
A 2025 survey of graduating seniors by the university’s campus newspaper, The Dartmouth, found that nearly 70% described themselves as liberal or very liberal, compared with roughly 12% who identified as conservative or very conservative. More than 70% said most of their closest friends shared their political beliefs.
Additionally, a 2025 Gallup poll conducted on the Dartmouth student body in 2025, found only 38% reported feeling comfortable sharing unorthodox ideas in class.
Weinstein wonders whether this degree of homogeneity is why courses like Difficult Conversations succeed – the people least willing to engage with opposing points of view don’t take the class.
“Everyone was there to learn. Everyone could be persuaded,” he said. “In some ways that’s a problem,” adding that the class might benefit from “a wider range of ideologues.”
“Not all of Dartmouth is like this,” Smolin acknowledged. “No doubt there are professors in other units that think it’s up to faculty to lead liberation and that this approach is stifling.”
On the other end of the spectrum, Heschel said some right-wing Jewish faculty members outside the Jewish Studies program have criticized the approach she and her colleagues take.
“I understand the anxiety that Jews feel today about university campuses, but I think they’re underestimating their own students,” she said. “Kids will encounter viewpoints that they will find disturbing and offensive, not just about Israel… they need to learn how to handle such a situation, how to respond.”
Heschel said faculty and administrators at other universities have approached Dartmouth to ask how to replicate what they did.
“I was surprised that we received so many requests from deans and presidents of colleges and universities to come and talk about what we had done,” she said.
From Dartmouth to Damascus
One of the people thinking about what could be replicated outside Hanover comes from much farther away.
Before flying to New Hampshire this May, Ibrahim Imre El-Khalid Bethlen asked ChatGPT a question he had never needed answered before: What is proper Shabbat etiquette?
Heschel and Bethlen at Dartmouth Courtesy of Ibrahim Imre El-Khalid Bethlen
Bethlen, a Syrian political scientist who teaches at Damascus University, met Heschel when she traveled to Damascus with a delegation of Jewish Americans in December 2025. She invited him to come to Dartmouth for 10 days and packed his schedule with jointly taught courses like Difficult Conversations, and a seminar about Jews in Algeria. Bethlen also lectured about the current political situation in Syria and attended his first ever Shabbat at the campus’ Chabad.
Just as new to him was seeing Jewish Studies and Middle Eastern Studies professors teaching together.
“With every professor we had some brainstorming about how we could bring the people closer,” he said. “How could we demystify” Jews to Syrians. Most of them have never met a Jewish person since the millennia-old Syrian Jewish community left en masse in the mid-20th Century.
Now, Bethlen hopes to connect faculty at Damascus University to their counterparts at Dartmouth. He is realistic about political sensitivities. Bringing an Israeli or Jewish Studies professor into a Syrian classroom to discuss the contemporary conflict, he says, could be a nonstarter. But having an Arab professor in the classroom as well could help.
“We don’t want to jump too high,” he said.
He imagines beginning somewhere Dartmouth itself often begins: with classes focused on shared history and culture rather than contemporary politics. Perhaps a jointly taught course that introduces students to the literature and poetry of Jews and Arabs once shared across the Middle East. Classes like Difficult Conversations can come later.
As a part of that Dartmouth class’s final assignment, students are asked to have a conversation with someone on campus they disagree with about the region, applying what they have learned.
Weinstein chose a friend and fraternity brother whose views on Israel differed sharply from his own. They talked for several hours.
“I ended by congratulating Eli on being ‘the only close friend I’ve ever had that wasn’t pro-Israel,’” Weinstein wrote in his reflection afterward. “I sure hope he isn’t the last.”
In a sea of kippot and black skirts, more than 200 Orthodox middle school and high school students gathered outside Gracie Mansion on Friday, conducting morning prayers and giving speeches.
“I like protesting against Mamdani,” Rami Fishman, a 16-year-old student, told the Forward. “He’s not a great guy. I’ll take an opportunity to speak out against him.”
Prominent Modern Orthodox preparatory schools Ramaz and SAR organized the gathering with Congregation Kehilath Jeshurun, the synagogue that sponsors the institutions. Organizers said that comments Mayor Zohran Mamdani made over the summer attacking AIPAC and Israel drove their efforts. Rabbi Bini Kraus, principal of SAR, said the experience was also intended to teach students about “their civic responsibilities.”
“It’s fun,” Fishman said. “We’re praying and we’re saying ‘no’ to Mamdani.”
Fishman, a junior at SAR, said he liked waking up late and he was enjoying meeting students from another school. Kraus told the Forward students were missing three periods by participating, but noted prayer is part of the school’s curriculum and the gathering wasn’t taking away from their studies.
Students and parents could opt out, with Kraus noting some declined to participate. Nearly 400 alumni and members of Congregation Kehilath Jeshurun signed a petition against the gathering.
Photo by Molly Myers
In their speeches, students touched on fears of antisemitism, being proud Jews and supporting Israel openly. One 8th grader called on Mamdani to prioritize the safety of the Jewish community.
Neturei Karta, a Haredi group that opposes Zionism, protested against the student group by waving Palestinian flags, chanting and holding signs in support of Mamdani. The NK group chanted “Antizionism is not antisemitism,” and called for Israeli Prime Minister Benjamin Netanyahu to be arrested during his visit to New York next week. Mamdani, who campaigned on arresting Netanyahu, recently acknowledged he does not have the authority to do so.
Michael Rapaport, an actor and staunch supporter of Israel, came to support the students saying it was “moving,” and “not a political statement.”
“These are kids,” Rapaport told the Forward, “they can’t even vote. This is a beautiful, beautiful, beautiful prideful thing.”
Organizers did not describe the gathering as a form of protest, instead referring to it as a vigil or communal prayer. However, the event involved classic hallmarks of a protest. A handful of participants waved or wore Israeli flags, and organizers acquired a permit for noise amplification.
“Our students have been going out for decades, really, when things matter,” Kraus said.
He noted he demonstrated for Soviet Jewry when he was a student at the school.
A reporter asked Mamdani about the demonstration at a press conference Wednesday.
“I welcome them,” he said. “They can have a vigil, or I’ve heard some describe it even as a ‘protest.’ Whatever it is intended to be, they have the room and space to do so outside of Gracie Mansion. I think that at the time that they are there, I will probably be somewhere else across the city.”
Rabbi Chaim Steinmetz, senior rabbi at Kehilath Jeshurun, said Thursday, “That’s the right response.”
Kraus, however, said he hoped the mayor would change his mind and attend. If he did, he would hear singing, praying and concerns “expressed respectfully.”
“Maybe that will move him,” Kraus said.
Some alumni and parents opposed the demonstration
The petition against the demonstration stated, “This gathering needlessly inflames tensions between the mayor and the Modern Orthodox Jewish community, as opposed to inviting him into conversation as a potential ally working for the shared safety of all New Yorkers.”
Much of the signatures are anonymous, with only school and class year listed.
The petition also said the schools risked portraying the Modern Orthodox community “as a political monolith opposed to the mayor.”
“They don’t want it to look like the Modern Orthodox community is a monolith, but the Modern Orthodox community really is a monolith on this,” Steinmetz said. “The Modern Orthodox community is, by and large, quite Zionist and really takes the security and safety of the state of Israel very seriously.”
A 2024 poll conducted by Nishma Research found 94% of the Modern Orthodox community identifies as Zionist, compared to 51% of Haredi Jews.
Halachic Left, an observant organization that says its members have “deep connections” to institutions in the Modern Orthodox community, helped circulate the petition. In a statement to the Forward, the organization insisted there is a “full range of views in the Modern Orthodox community on Israel, Zionism, and Mayor Mamdani.”
“The mayor has shown a willingness to respect and speak with our community,” read the statement. “We should be partnering with and engaging the mayor rather than castigating or insulting him.”
