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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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Nominee for Wisconsin governor appeared with podcast host who defended ‘Camp Auschwitz’ t-shirt
Rep. Tom Tiffany, Wisconsin’s Republican nominee for governor, is facing heat for appearing on a podcast hosted by an online personality with a history of antisemitic remarks and jokes about Adolf Hitler.
“The Quartering” podcast host Jeremy Hambly has said Adolf Hitler had “actually done some good things,” joked with guests about the Holocaust by calling it the “Hall of Cost” and saying it cost “around 6 million bucks,” and defended a “Camp Auschwitz” T-shirt worn during the Jan. 6, 2021, Capitol riot as “dark humor.” In 2023, The Quartering was sponsored by Antelope Hill Publishing, a white nationalist publisher that marked Hitler’s birthday each year by offering discounts on books written by and about the Nazi leader.
Tiffany discussed his gubernatorial bid on a December episode of the podcast, as reported by the Milwaukee Courier — news that emerged after Tiffany had criticized a leading Democratic candidate for appearing with popular progressive streamer Hasan Piker, who has been embraced by Democratic Party candidates even as he has championed terrorist groups as righteous fighters against Israel — leading to accusations he trafficks in antisemitism. In a recent speech to college students, Piker blasted Democrats who “fund ICE” and “fund Israel.”
On the podcast, Tiffany, who is running unopposed on the Republican side to replace Gov. Tony Evers, a two-term Democrat who announced his retirement, also accepted Hambly’s offer to volunteer for his campaign.
In the interview with Tiffany, Hambly said he “will do everything” he can to elect the Republican as governor and offered to help the Tiffany campaign alongside Scott Presler, a prominent “Stop the Steal” activist who has been affiliated with the anti-Islamic group ACT for America.
“I can bring Scott Presler out. We can doorknock for you,” Hambly said. When Hambly asked how supporters could get involved, Tiffany directed listeners to his campaign website to sign up as volunteers.
The resurfaced interview comes as Tiffany has sought to make antisemitism an issue in the governor’s race by criticizing Democratic state Rep. Francesca Hong, a democratic socialist whose campaign has gained momentum in the competitive Aug. 11 Democratic primary, for appearing on a livestream hosted by Piker.
“Remember what [Hong] said the day after we had all these socialists win recent elections?” Tiffany said on The Jay Weber Show last week. “Wisconsin, you’re next.” He later warned that voters “need to wake up” before Hong, whom he said was “going to hang around with an antisemite,” is elected governor.
The Tiffany campaign did not immediately respond to a request for comment about the candidate’s podcast appearance.
Hong defended her appearance on Piker’s show, saying, “Just because I am on a platform certainly does not mean that I endorse everything that has been said by either the hosts or other people who have gone on.”
Wisconsin Republicans have been accused by Democrats of trying to boost Hong in the primary because they believe she would be easier to beat than her rivals in the general election. Recent polls show Hong with a slight lead.
Emily Stuckey, a spokesperson for the Democratic Party of Wisconsin, told the Forward in a statement that “Tiffany is cozying up to antisemitic extremists who have praised Hitler and encouraging them to volunteer with his campaign — it’s clear he is far too extreme to represent Wisconsin.”
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Trump rejects Mamdani vow to arrest Netanyahu in NYC
(JTA) — Mayor Zohran Mamdani says he’s still thinking about whether he should arrest Benjamin Netanyahu the next time the Israeli prime minister is in New York City. Not gonna happen, President Donald Trump stepped in on Monday to say.
“Benjamin Netanyahu will not be arrested, in any way, shape, or form, while in the United States of America,” Trump wrote on Truth Social.
Trump’s post came days after Mamdani said that he is in “active conversation” with the city’s Law Department about detaining a foreign leader like Netanyahu, who faces an arrest warrant from the International Criminal Court for alleged actions related to Israel’s war with Hamas. Netanyahu often attends the United Nations General Assembly in Manhattan in September and is planning to do so this year.
“I believe that Prime Minister Netanyahu belongs in The Hague,” Mamdani reiterated, in an interview with the New York Times, referring to the court’s seat in the Netherlands.
He also hedged on his earlier pledge, seeming ready to defer to the city’s lawyers. (The legal consensus has been that a warrant by a court not recognized by the United States is unenforceable. Secretary of State Marco Rubio has said he is seeking the dismantlement of the ICC.)
“I’ve also said that I will follow the laws that we have here in New York City because I believe that there is an importance in following the law as a leader who presides over our city,” Mamdani told the Times. The interviewer, Lulu Garcia-Navarro, prompted him to elaborate. “Meaning that whatever the law allows me to do in New York City, that’s what we will do, but we won’t be writing our own laws to that end,” Mamdani said.
Trump jumped to the defense of Netanyahu, who is up for reelection later this year.
Netanyahu, he said, is busy fighting the Islamic Republic of Iran, and that the “only ones that should be arrested are the people that led Iran into this unprecedented SPIRAL OF DEATH AND DESTRUCTION, something that should have been dealt with years ago, by previous Presidents!”
Trump’s comments come after months of speculation over how an attempted arrest of Netanyahu could pit New York City law enforcement against the United States. Mamdani told reporters after a private meeting with the president last year that the two men did not discuss his vow to arrest Netanyahu. Mamdani has said he would also push for the arrest of Russian President Vladimir Putin, were he to enter New York City.
Some Mamdani Democratic allies were also pouring cold water on the prospect of an arrest.
California Rep. Ro Khanna, who is often aligned with Mamdani’s pro-Palestinian politics, said on the Fox News Channel on Sunday that, in his view, Netanyahu “can come to the U.N. Assembly.”
“The ICC and ICJ have a legal process. That case will go forward,” Khanna said, adding that he’s focused on cutting military aid and stopping weapons sales to Israel. “But, you know, I’m not for creating a spectacle. The U.N. is a place that people can come to.”
Dan Shapiro, a former U.S. Ambassador to Israel under Barack Obama, speculated that Mamdani’s plan could backfire, since an attempt to arrest Netanyahu would “give him a political boost at home” as Netanyahu fights for reelection. “That would be an own goal,” Shapiro wrote on X.
Republican New York City Council member Inna Vernikov, who is Jewish and has been a staunch Mamdani critic, wrote to Rubio requesting that the State Department issue Mamdani a “stern warning.” She also asked that the department issue an opinion on whether arresting Netanyahu would “violate U.S. law resulting in a prosecution and/or criminal action taken by the federal government against Mayor Mamdani.”
A New York City mayor has previously booted an international leader from a U.N.-related event. In 1995, Rudy Giuliani had Yasser Arafat, chairman of the Palestine Liberation Organization, ejected from a U.N. concert at Lincoln Center, drawing criticism from then-President Bill Clinton’s administration.
Danny Danon, Israel’s Ambassador to the United Nations, wrote on Saturday that Netanyahu will be attending the U.N. General Assembly in September. “And if anyone should be arrested, it is @NYCMayor Zohran Mamdani,” he said.
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Where does Andy Burnham, the new British prime minister, stand on Israel and antisemitism?
(JTA) — Andy Burnham officially became Britain’s new Labour prime minister on Monday, replacing Keir Starmer who resigned following the party’s disastrous showing in local elections in May.
Starmer left behind a mixed record on antisemitism. He purged the party of its image as hostile to Jews under former party leader Jeremy Corbyn. But at the same time, attacks against Jews in Britain have risen in the aftermath of the Oct. 7, 2023, Hamas terror attack on Israel, and uncertainty is at a high.
Starmer’s successor has spent much of his political career over the past decade cultivating close ties with Britain’s Jewish community. As the former mayor of Greater Manchester, home to one of Europe’s largest Jewish populations, Burnham frequently spoke out against antisemitism, attended Holocaust commemorations and worked closely with Jewish communal organizations.
Yet in the lead-up to his installation as prime minister, Burnham also signaled a shift in Labour’s mainstream position on Israel and Gaza, including support for greater pressure on Israel.
Burnham’s comments about Labour’s leadership contest prompted a sharp rebuke from the Board of Deputies of British Jews and the Jewish Leadership Council, which expressed “significant concerns” over his framing of Gaza and Israel’s war with Hamas. The umbrella groups also said they welcomed his commitment to tackling antisemitism.
Here is a look at some of Burnham’s views on the subjects and how they might impact his party’s policies going forward.
Early support for Israel and a two-state solution
During Labour’s 2015 leadership contest, Burnham said at a Jewish community debate that his first foreign trip, should he win the Labour leadership, would be to Israel. He opposed a boycott of Israel, asking, “What message would it send?” while stating that he supported a negotiated two-state solution.
In a questionnaire sent to him that year by the Palestine Solidarity Campaign, he also stated that he supported “two states living side by side in peace, and recognized by all of their neighbors.” However, he added that he supported “an end to occupation and illegal settlement building by the Israelis, and an end to the rocket and terror attacks by the terrorist group Hamas.”
He also made it clear at the time that he did not support West Bank settlements, telling the PSC, “Labour recognizes that the settlements and their continued expansion remain key obstacles to resolving the conflict, as [then party leader] Ed Miliband has said, they are both illegal and immoral.”
Labour’s antisemitism crisis
Burnham was vocal about tackling antisemitism when the Labour Party became embroiled in allegations of antisemitism under Corbyn’s leadership between 2015 and 2020,.
Corbyn had in 2012 mural defended a mural depicting hook-nosed Jewish bankers playing Monopoly on the backs of exploited workers. (He later said he regretted the defense.) He called representatives of Hamas and Hezbollah “friends.”
Burnham told the Board of Deputies in 2019 that Labour had failed to deal with antisemitism complaints “firmly, quickly and decisively” and warned that the party had lost the confidence of many Jewish voters.
“It is inconceivable to me that a party which has prided itself on its record on racism could have become embroiled in an antisemitism crisis,” he said.
In 2020, the U.K.’s Equality and Human Rights Commission found Labour had committed unlawful acts of harassment and discrimination related to antisemitism.
Oct. 7 and rising antisemitism
In the aftermath of the Oct. 7 attack, Burnham issued a statement with his deputy mayor saying, “We condemn without reservation the appalling attacks in Israel by Hamas. Nothing justifies the taking of innocent lives in such a barbaric and indiscriminate manner.”
He also stated that “Israel had a right to defend itself, and protect its citizens, in line with international law”
He told the Jewish community that he had spoken with Greater Manchester’s chief constable, who assured him there would be an increased police presence alongside Jewish community organizations. Burnham said local leaders were “determined that all our communities in Greater Manchester will be kept safe” and that “we will never tolerate any form of hatred on our streets.”
Manchester synagogue terror attack
Barely two years later on Yom Kippur 2025, Manchester became the target of a major terror attack, outside Heaton Park Hebrew Congregation. Two people were killed amid a police response.
“Manchester stands together and we will not allow division in our communities,” Burnham said, visiting the synagogue soon after what he described as an attack on the entire city.
Golders Green ambulance attack
Burnham spoke out in April when four Hatzola volunteer ambulances were set ablaze in London’s heavily Orthodox Golders Green neighborhood. “This is another terrible incident that will concern Jewish communities in London and in Greater Manchester who have faced appalling antisemitic attacks in recent months,” he said.
Recent comments on Gaza
Burnham has been critical of Israel’s military campaign in the aftermath of Oct. 7. He doubled down in a leadership campaign video released last week and took his own party to task.
He condemned Hamas and once again rejected antisemitism, but he argued Britain should “do more to put pressure on the Israeli government,” including considering further restrictions on arms exports and action against illegal West Bank settlements.
“I know many people feel that at the start of Israel’s military action in Gaza, my party didn’t get it right, and I am sorry about that,” he said. The party was “too slow to call for a ceasefire.”
He called images from Gaza “a scar on our collective conscience.”
His comments reflect a parliamentary push across the board that Britain should do more to take action against Israel, including supporting a ban on all Israeli goods coming from the West Bank — something that Ireland and other European countries have been pushing for.
In his video, Burnham stopped short of describing Israel’s actions as genocide, saying that such a determination should be made by international courts.
Jewish communal reaction
The video drew a swift response from the Board of Deputies of British Jews and the Jewish Leadership Council. Burnham had seen “first hand the links between hatred of Israel, antisemitic extremism and deadly violence against British Jews,” the groups said.
They urged Burnham and other political leaders to “show the utmost care in their rhetoric” at a time when antisemitism in Britain had become “more normalized, more extreme and more violent.”
British Jews will watch closely how Burnham balances his longstanding engagement with the Jewish community and his increasingly critical stance toward the Israeli government.
The Campaign Against Antisemitism’s Chief Executive Gideon Falter read aloud an open letter to Burnham on Monday calling on him to take a stand against the rise in antisemitism in the country. “Your legacy will not be remembered solely in terms of tax rates and hospital waiting times,” Falter said. “It will be whether Jews were murdered or thrived in Andy Burnham’s Britain.”
Board of Deputies President Phil Rosenberg congratulated Burnham on X, and welcomed the new prime minister’s “early commitment to tackling antisemitism,” and that the Board “will work with his administration towards the U.K. playing its strongest role in global peace and security.”
Ephraim Mirvis, the country’s chief rabbi, posted a photo on X of himself and Burnham and offered a blessing. “He assumes the immense responsibility of leadership at a time of great challenge, both at home and abroad,” Mirvis said. “May he be blessed with the wisdom, strength and good judgment to keep our country safe and may his service bring prosperity and harmony for all.”
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