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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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A comedian went viral for saying he supports Israel onstage — he wasn’t even there
Menachem Silverstein’s High Holidays were interrupted by what he calls a beautifully ironic “monkey paw situation.”
“Like any good Jewish comedian, I’m in Rosh Hashanah services praying to God for a little bit of a boost in my career, for something to go viral, for something to hit,” Silverstein, a 30-year-old comic in Los Angeles, told me. “I turn my phone after hag. I have about 40-plus messages from people being like, ‘What the hell’s happening? Is this you?’”
Friends were sending him links to a video of a crowd leaving a theater in the middle of a standup set. The caption overlaid on the clip said, in English and Arabic, “audience walks out after comedian backs Israel.” On an X post with more than 2 million views, an account named “Truthseeker” identified the comic as Silverstein.
Silverstein knew immediately the video was of the Laugh Factory in Chicago, a venue he last played this summer. He had no memory of the crowd walking out — a traumatic experience for any standup. In fact, as he took a closer look at the video, he realized it wasn’t even him onstage.
“My most viral thing was not showing up to a comedy club, which is hilarious in itself,” said Silverstein, who estimates across platforms the clip has been seen more than 10 million times. “If I would have known, I would have missed more shows.”
By the time Silverstein was clued into his virality, it was too late to contain the disinformation.
Alex Jones picked the clip up, commenting, “It’s got one guy in a yarmulke. He literally says, ‘If you don’t support what Israel is doing in this war, leave.’”
No such statement is made in the clip. There’s no guy in a yarmulke, only a man in a dark t-shirt who appears to be blindfolded. This didn’t stop news outlets like Palestine Chronicle and the 1.1 million follower Global Reports Instagram account from running with the story.
Someone captioned the original clip — now deleted — indicating the comedian stated their support for Israel, leading to a mass exodus. From there, Truthseeker identified Silverstein as the comic, based, Silverstein believes, on a joke he retired about three years ago.
“Basically, the joke was, ‘Hi, my name is Menachem. I stand with Israel. It’s not political; they’re just the only people that can pronounce my name.’”
Grok and other AI models reinforced the claim that Silverstein was the person in the clip. But the real reason for everyone leaving their seats was something much less loaded: a prank.
David Fuhrer, president of the Laugh Factory said, based on an account confirmed by the Chicago Laugh Factory’s head of operations, that the video was from a Sept. 10 performance of a regular show called “What Could Go Wrong?,” in which practical jokes are played on comics.
“In this particular case, we had a comedian named Kieron Harrell and we blindfolded him and put headphones on him,” Fuhrer said. “They walked the entire audience out into the lobby as a joke so he had an empty room he was performing to.”
Fuhrer said it had “nothing to do with antisemitism or people walking out on Menachem.” He doesn’t know who repurposed the video, only that it had gone viral.
“It’s a shame because he’s a wonderful person and a great performer and a part of our family here.”
If you go to the “What Could Go Wrong?” Instagram, you’ll see a better image of the real comic, Harrell, who looks nothing like Silverstein.
Daniel Cassilagio, who produces “What Could Go Wrong,” captioned the images of the performer, saying the show was “so good that it was used as a geo political [sic] disinformation campaign.”
Cassilagio wrote on Instagram that the clip was recorded, uploaded without the producers’ knowledge and “then virally shared by what are most likely bots from China.”
People who don’t check their sources have “been harassing both the comic that was on stage, and a comic from LA who I’ve never even heard about or met,” Cassilagio wrote on a post that, judging by its 166 likes, has far less visibility than the fake account. “He wasn’t even in Chicago at the time.”
Silverstein told me that, while he added around 200 followers, he’s been inundated with hateful comments and his reach has dropped as people have been reporting his account. If you search his name now, the top hits are for his nonexistent scandal. When he’s looking to play clubs, he’s concerned that bookers will see he “walked a crowd” and deny him a slot.
Beyond the made-up controversy, there’s not much about geopolitics in Silverstein’s act. His material includes jokes on fatherhood, being 5’9” (“a Jewish 6’2”) and some well-deserved ribbing of Kanye West. In videos, he can be seen circumcising a baby carrot.
In an age when performers like Macklemore and Jerry Seinfeld have been canceled for their views on Israel and Palestinians, Silverstein sees a new frontier in his experience.
“It used to be you watch a podcast or watch a stand-up clip, clip someone out of context, post it, and get them canceled,” he said. “Now they’re getting away with just posting a random thing, putting your name on it, and then people believe it.”
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‘Run, hide, fight’: Synagogues make threat preparedness part of High Holiday services
Rabbi Yosef Kanefsky plans to open his Yom Kippur sermon this year in an unusual way: with an emergency evacuation plan.
It’s how he opened his Rosh Hashanah sermon, too.
“I mentioned [that] people should understand where the exits are,” Kanefsky said. “I mentioned what our plan is, God forbid, if we need to evacuate the children in the youth program — that we have volunteers for that.”
Kanefsky, senior rabbi at B’nai David-Judea Congregation in Los Angeles, acknowledged that the reminder to prepare for the worst could be “potentially a little bit jarring” on the holiest days of the year. But with synagogues on heightened alert, he said, it felt unfortunately necessary.
“It’s just part of our lives right now,” he said. “That extra measure of vigilance.”
Extra security measures at synagogues are nothing new. Since the 2018 shooting that killed 11 worshippers at Pittsburgh’s Tree of Life synagogue, Jewish institutions have invested heavily in infrastructure, personnel and training to counter the threat of violence. But this High Holiday season, several synagogues are taking the unusual step of integrating emergency preparedness into the services themselves, whether through verbal instructions like Kanefsky’s or written plans handed out alongside prayer books.
A flyer distributed at Beth Tzedec Congregation in Toronto outlines a three-point plan in the event of an attack: Run, hide or — as a last resort — “Be prepared to defend yourself.”
“Remember: Your actions before police arrive may save your life,” it reads in all-caps.
In August, the Jewish nonprofit Secure Community Network released a safety card that synagogues can customize with their own evacuation maps then place in their pews. While a range of scenarios could prompt a building evacuation, like a fire or earthquake, the card focuses on reacting to an attack.
It includes instructions for how to make a tourniquet to stop bleeding and tips for fleeing or fighting “the shooter.”
And at Congregation Emanu-El in San Francisco, a flyer advising congregants to run, hide, or fight in the event of an attack was placed on every other seatback during Rosh Hashanah.
“It brought home the potential dangers in a way I hadn’t seen before,” Frances Dinkelspiel, a member of Congregation Emanu-El, told the Forward. “You’re going in for services. You’re opening your heart. There’s a sense of community. You’re embracing one another. And then there’s this piece of paper that’s reminding you: Don’t relax too much.”
Kanefsky said he felt a responsibility to his congregation to provide safety instructions, noting that the High Holidays may attract out-of-town visitors unfamiliar with the building.
But he also acknowledged that such warnings “can take away from the spiritual mood that we’re working so hard on building,” he said.
Kanefsky said he tried to make the announcement as unobtrusive as possible — giving the instructions in what he called “a spiritual and emotional envelope” by thanking the synagogue’s security team and framing preparedness as “part of the devotion to one another and our devotion to God.”
Michael Masters, Secure Community Network’s CEO, said the High Holidays present an elevated security risk at synagogues compared with other times of year. Even basic preparedness measures, like knowing where the exits are, can make a meaningful difference in a threat situation, he said.
He cited the ramming attack on Temple Israel in West Bloomfield, Michigan, in March as a prominent recent example. Seconds after the assailant drove a truck filled with explosives through a building entrance, a security guard opened fire on the vehicle; after the vehicle caught fire, the campus was safely evacuated.
“The guard was there, and he was well trained, and he did an amazing job, as did law enforcement,” Masters said. “But the faculty and the staff and the students were all trained as well.”
Dinkelspiel emphasized that she feels safe at her synagogue, which has a modern security system and bollards around the sidewalk to prevent cars from driving onto the property. But that sense of safety, she said, was part of what made the flyer so unnerving.
“After all these security measures the congregation has,” Dinkelspiel said, “there was still this reminder on this flimsy piece of paper that Jews can be attacked at any time.”
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Mamdani once vowed to arrest Netanyahu. Now he won’t join protests against him.
New York City Mayor Zohran Mamdani said Wednesday that he will not join protests against Israeli Prime Minister Benjamin Netanyahu when he arrives in the city to address the United Nations annual gathering next week and pushed back on the suggestion that he ever encouraged New Yorkers to protest the Israeli leader.
“I do not have any plans to attend any protest at the U.N. General Assembly,” Mamdani told reporters. “To New Yorkers, I have never encouraged them to protest. What I have always told them is that they have the right to do so in the city.”
But two months ago, when Mamdani was asked what New Yorkers frustrated with Netanyahu should do when the Israeli leader came to the city for the annual fall U.N. event, the mayor repeatedly pointed to protest as an option. “I think one of the bedrocks of our city is protest,” Mamdani said at a July 22 press conference. “It is something that has been a part of what makes our city so special: that New Yorkers can express themselves, whether they are in support or in opposition, no matter the topic.”
Mamdani’s July remarks came after a legal review the mayor ordered concluded that he lacks the power to order the arrest of Netanyahu, a pledge he made during his mayoral election campaign.
In July, when a reporter followed up directly, “Are you urging them to protest?” Mamdani stopped short of saying yes. But he again pointed to protests as a way for New Yorkers who oppose Netanyahu to make their voices heard. “I’m simply saying that this is a city where — if anyone feels a level of frustration or opposition, protest is something that we will always respect,” Mamdani said. “I leave it to New Yorkers themselves to make that decision,” he added.
From arrest pledge to protest rights
Mamdani had campaigned on ordering Netanyahu’s arrest based on a warrant issued by the International Criminal Court in November 2024, which accused the Israeli prime minister, former Israeli Defense Minister Yoav Gallant and Hamas military commander Mohammed Deif of war crimes and crimes against humanity. Netanyahu has rejected the charges. The United States is not a member of the International Criminal Court and the Trump administration imposed sanctions on the ICC months after it issued the warrants.
After taking office, Mamdani ordered a legal review and acknowledged in July that New York City does not have the authority to execute the ICC warrant.
He made that announcement in an unusual video address describing Netanyahu as “a war criminal, the architect of a horrific genocide against the Palestinian people” and declared that the Israeli leader would not be welcome in New York, home to the largest concentration of Jews in the United States.
The address drew criticism from Jewish leaders who questioned why the mayor was devoting so much attention to an arrest he acknowledged he could not legally carry out. The criticism came amid growing tension between Mamdani and parts of New York’s Jewish community over his rhetoric about Israel. Jewish organizations have also raised concerns about it contributing to a hostile climate for Jews across the city.
It was against that backdrop that Mamdani was pressed at the July press conference about what he would tell Palestinian supporters who had welcomed his promise to arrest Netanyahu, and were disappointed that he could not fulfill it. That is when he turned to protest as a remaining option. “I want to make it very clear that that welcome ends with me,” Mamdani said. “ I will not be welcoming Benjamin Netanyahu or any other war criminals when they come to this city.”
Netanyahu is expected to arrive in New York City next Wednesday under heavy security measures and address the U.N. General Assembly on Thursday before returning to Israel. One Israeli media outlet reported that the official plane carrying the Israeli leader, known as “Wings of Zion,” will land at Newark International Airport in New Jersey instead of John F. Kennedy International Airport in New York due to concerns that Mamdani could try to prevent the aircraft from remaining parked at JFK during Netanyahu’s visit.
Protests against Netanyahu are planned outside his hotel and near the United Nations during his address. Jewish groups are also planning a mass rally against antisemitism on Wednesday.
At Wednesday’s press conference, Mamdani drew a sharper distinction between encouraging protests and defending the right to hold them. “We respect that right,” he said. “And this is a city that is proud of the Constitution, proud of the First Amendment; we’ll continue to do so.”
Mamdani cited the same First Amendment right when asked about students from Ramaz and SAR, two prominent Modern Orthodox schools, who are planning a prayer vigil outside the mayor’s residence on Friday morning in support of Israel. “They can have a vigil, or I’ve heard some describe it even as a ‘protest,’” he said. “Whatever it is intended to be, they have the room and space to do so outside of Gracie Mansion. Though, he added, he would “probably be somewhere else across the city” when they gather.
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