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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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Netanyahu leads in exit polls, but change bloc by Eisenkot has more seats
(JTA) — JERUSALEM – Israel’s parliamentary election has ended with Prime Minister Benjamin Netanyahu’s ruling Likud party remaining the largest faction, according to exit polls published as voting ended at 10pm local time.
However, the results showed that Netanyahu’s bloc of parties falls far short of the 61 seats needed to form a government. No other party or bloc of party has the ability to a government either.
Exit polls, taken through the day and published as polling stations closed, are only an indication of the final results, the official count can take hours or days to become clear. Also, exit polls are not always accurate.
And in an election that analysts have predicted will be tight, it’s too early to tell who will lead the next Israeli government.
It was a dramatic day in Israel, with voter turnout reaching its highest level in decades, according to the Central Elections Committee. An hour prior to polls closing, the committee said some 74.3% of the 7.3 million eligible voters had cast their ballot, compared to just 66.3% in the last election in 2022.
Indeed, lines at polling stations were longer than usual, with some Israelis waiting more than an hour to cast their votes.
Israelis have described this election, the first national election since Hamas’s Oct. 7, 2023 attack, as a battle over the country’s character and how best to address the security concerns that have arisen over the past three years.
Prime Minister Benjamin Netanyahu and his coalition partners, a bloc comprising mostly far-right and ultra-Orthodox parties, have largely campaigned on a platform of protecting Israel from existential threats, including what they describe as security threats posed by the country’s Arab population.
Casting his ballot in a school in Jerusalem, Netanyahu said he was voting “For the future of the State of Israel.”
“We cannot leave this battle in the hands of the left and the Arab parties,” Netanyahu said, accusing them of wanting “to bring an end to the Jewish state.”
Adalah, a legal center for Arab minority rights, filed a complaint with the Central Elections Committee. It said in a statement that “senior government officials have been inciting against Palestinian citizens of Israel exercising their right to vote as turnout in Arab towns rises.”
The group of parties trying to oust Netanyahu – the “change bloc” led by former army chief Gadi Eisenkot – has argued that the election is a vote on Israel’s future as a liberal and democratic nation.
The opposition has framed the election as a referendum on Netanyahu’s handling of the aftermath of Oct. 7 and the subsequent wars in Gaza, Lebanon and against Iran.
After casting his vote at a school in the city of Herzliya, Eisenkot told the crowd: “We are setting Israel on a new path. We will be worthy of your trust. I promise.”
It is traditional for party leaders to cast their votes in front of cameras and to campaign right up until polling stations close. Netanyahu and his coalition partners traveled the country trying to mobilize their supporters, warning they would not be re-elected unless more right-wing voters turned out to vote.
However, under Israel’s system of proportional representation, differences in turnout among communities could drastically change the political map. Larger numbers of Arab voters, who tend to vote for one of the two Arab political factions, can affect the distribution of seats and the balance of power between the blocs, potentially complicating Netanyahu’s efforts to form a government.
This article originally appeared on JTA.org.
The post Netanyahu leads in exit polls, but change bloc by Eisenkot has more seats appeared first on The Forward.
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Why I went to Michigan to talk to Jewish voters about Abdul El-Sayed
I’d just climbed the steps to another home on my canvassing list, a lovely residence in the suburbs of Detroit, and rang the doorbell. I was there last week to talk with Jewish voters about the upcoming Michigan Senate election. The woman who answered asked me to come inside, and I demurred, telling her that my project discourages its volunteers from accepting such invitations, for safety reasons. She was petite and elderly, with a soft, open face. She reminded me of my long deceased mother. We chit-chatted a little, then I got down to brass tacks. “What are your feelings about the race?” I asked. “About Abdul El-Sayed?”
Her face sagged. “You’re too late,” she said. “My husband and I already voted. For Mike Rogers. And I feel terrible!” She looked like she was about to cry. “Please,” she said, “Come inside.” I relented (but didn’t sit down on her sofa).
The Michigan race pits El-Sayed, a progressive young Democrat, against Rogers, a Republican former Congress member who is closely allied with Donald Trump. As a New Yorker, I don’t have a vote in the election. But I came to Michigan as a Jew who is increasingly frightened by the threat posed by MAGA and horrified by what Trump-think and Trump power is doing, and not just to immigrants, people of color, sexual and gender minorities, middle-class and working people, students, intellectuals, and those whose jobs and civic activity nurture liberal and progressive causes.
I’m also worried about us Jews.
We are disproportionately members of the communities I just listed. We are also vulnerable to antisemitic acts and policies, which appear to be increasing. (At my shul on Rosh Hashanah I was chilled to find flyers placed by the Siddurs, instructing how to hide or flee if a terrorist were to enter the sanctuary.) And we are vulnerable to the politics of Christian nationalism. I grew up in Texas in the 1950s and 1960s. I vividly recall being made to sing “The Crusaders’ Hymn” in grade school and memorize the words (“Onward Christians soldiers, marching as to war. With the cross of Jesus, going on before!”). Making public school kids do this is now illegal. But for how long?

Mike Rogers’ campaign gets much of its money from a rich Texan named Tim Dunn, a Christian nationalist who wants to abolish public schools. Not long ago, Dunn told a member of the Texas legislature — a Jew — that Jews should not hold major political office.
El-Sayed, on the other hand, is a public health expert with a long history of activism for progressive causes. A native-born American, he went to a suburban Detroit high school where he was on the football team and had many Jewish classmates. He has repeatedly said that the fact that he is Muslim is merely incidental to the fact that he is an American who deeply respects the rights guaranteed to everyone in this country under the U.S. Constitution — including to worship, or not, as one pleases.
Polling shows El-Sayed leading Rogers, but the margin of error puts them very close, and the race is tightening. Pundits say that if El-Sayed loses, the Senate could remain Republican. But if he wins, it would signal to the whole country that the Democratic Party is entering a new phase of progressivism — one prefigured by Zohran Mamdani’s mayoral win in New York City.
Like El-Sayed, Mamdani is a Muslim who sharply criticizes the Israeli government. And though many New York City Jews are wary of him, his main opponent during his campaign, Andrew Cuomo, wasn’t part of MAGA or surrounded by antisemites, as Mike Rogers is. I’d canvassed for Mamdani, and the stakes are much higher in Michigan. So I decided to spend five days in suburban Detroit as part of a joint canvassing effort by Jews in Seed the Vote, Bend the Arc Action, IfNotNow Movement, and Michigan United Action. Our goal was to knock on doors and share our own stories with fellow Jews.
Mine is that my maternal grandparents fled here from the Pale of Settlement, and my mother told me about my grandmother escaping a pogrom after her parents dressed her with a large cross around her neck, and paid a peasant to hide her under hay in a cart. She was fifteen years old when the pogrom happened — prime age for a Jewish girl to be raped.
She and her extended family made it to Pittsburgh. To the United States, the capital of democracy and pluralism. In all of history, Jews have never done so well as we have under democracies like this one. We’ve become so comfortable, as one Detroit-area rabbi remarked in his Kol Nidre sermon this year, that his community’s biggest intramural argument used to be over where to get the best bagels.
Then a Lebanese-American man whose relatives had just been killed by an Israeli air strike on Lebanon drove a truck into Temple Israel, a metro-Detroit synagogue. Dozens of preschoolers were inside. No one was hurt, but the building was damaged. El-Sayed, quickly made a lengthy statement condemning the culprit’s inexcusable antisemitism and vowing to support Jewish safety. But he also tried to explain the man’s terrorism. “Hurt people hurt people,” he said.

He later apologized for introducing political context so soon. But months later, his words still anger some people with whom I spoke. One woman glared, said she had grandchildren at the synagogue preschool, and slammed the door on me. Other canvassers described a man in a car who saw their t-shirts, sporting slogans like “Jews for Shared Safety,” and screamed that if he were to see El-Sayed and his family on fire right now across the street, he would do nothing to help them. He added that he was on the board of a shul.
Rogers’ campaign and its supporters are flooding TV and the social media with material excoriating El-Sayed as a dangerous Islamic fundamentalist and antisemite. AIPAC has also painted him as a threat to Jews, and spent over $30 million attacking him to defeat him in the primary. El-Sayed won anyway, but Michigan’s Jews remain saturated with a miasma of anti-El-Sayed propaganda. The woman who reminded me of my mother said she voted for Rogers because her father was a Holocaust survivor and she had to put Israel first, even though she knew Rogers could “roll back everything, including civil rights and abortion rights, that we Jews have worked so hard for. And even though I’ve never voted Republican in my life!”
I also canvassed Jews who were enthusiastically voting for El-Sayed. Other supporters, though, were terribly conflicted. At one door, a person — I won’t say their gender because they were so anxious about being identified — told me they are high up in local, Jewish-inflected Democratic Party politics. (I looked them up later and verified this.)
They, too, invited me into the sanctum of their home, as though afraid for the neighbors to see them talking with me. “I voted for El-Sayed,” they said. “But it was a horrible decision to have to make!” They strongly agreed with me about the need to vote for him, but they didn’t want their Jewish bigwig colleagues to know. “Half of them would never speak to me again,” they said. “What about your personal friends?” I asked. “Could you talk to them about the need to vote for El-Sayed?” “Yes,” they said. “I can do that.”
“This is what canvassing is about,” I told myself as I left.
Some Jewish bigwigs who openly support El-Sayed have been holding wine-and-cheese house parties for the un-decideds. Michigan Jews for Democracy sponsors these intimate gatherings. I went to one last week, at the house of Elaine Driker, formerly board president of Hillel of Metro Detroit. Former Michigan Congress member and political progressive Andy Levin addressed the group.
The setting was a cozy living room. To ensure that attendees felt comfortable voicing their feelings, journalists were told they could quote the speakers, but questions from the audience were off the record unless the individuals asking them agreed later to be quoted. The attendees were engaged, intent, and split, with some expressing strong support for El-Sayed and others venting reservations.
At the end. Levin summed things up. “We’re here struggling as Jews,” he told the audience. With young progressives entering the Democratic Party, he added, “We are really coming into a new era of politics in the United States, and I’m really hopeful about it.” He talked of the need to elect El-Sayed, then “hold him to be a great senator for the Jewish community.” Yes, he is a Muslim, Levin noted, and that is good. He added that, for Jews as for everyone, pluralism in government “has been great for us.”
This election in Michigan, Levin concluded, is “a time of great wrestling with God. Of wrestling with each other.” Then we all repaired to a room to eat brie and fine bread and wrestle some more.
The post Why I went to Michigan to talk to Jewish voters about Abdul El-Sayed appeared first on The Forward.
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Noah Wyle, TV’s nice Jewish doctor, is People’s Sexiest Man Alive
(JTA) — Noah Wyle, the Jewish actor who both mends and steals hearts as a doctor on the hit HBO Max medical drama “The Pitt,” has been named People magazine’s Sexiest Man Alive.
Tuesday’s announcement described the actor’s “smoldering intensity” and “leading-man looks,” while noting that “he loves to do the dishes.”
Wyle, 55, told People he initially thought the news was “a classic set-up for a prank.” His wife, Sara Wells, helped persuade him to accept the honor, he said, because she believes his qualities as a husband and father are worth celebrating.
The actor, who starred in the ’90s medical drama “ER,” is enjoying a career resurgence as Dr. Michael “Robby” Robinavitch, the brilliant, troubled emergency-room physician at the center of “The Pitt.” The role has earned Wyle two consecutive Emmy Awards for outstanding lead actor in a drama series, along with renewed attention to his own Jewish heritage.
As JTA reported last year, Wyle drew on his father’s Russian-Jewish background in helping create Robby, his first Jewish character. The doctor wears a Star of David necklace and, in a pivotal scene in the show’s first season, clutches it while reciting the Shema, a central Jewish prayer, during an emotional crisis.
Wyle, whose father is Jewish and mother is Episcopalian, did not grow up in a religious household. But in an interview with the Jewish Chronicle this year, he said Judaism had become more relevant to his life through the show and that his daughter, then 10, has expressed the most interest to “pick up the mantle of Judaism.” She helped him with the pronunciation of the Shema, he said, and her bat mitzvah has been scheduled.
Wyle has also brought Jewish history into “The Pitt.” In an episode he wrote for the show’s second season, a patient with ties to the 2018 Tree of Life synagogue shooting in Pittsburgh struggles with post-traumatic stress disorder.
Wyle said portraying a Jewish character offered an opportunity to present a humanist and healer at a time of heightened antisemitism. “I have come to learn that the world’s knowledge of Jews comes through depictions of them in the media,” he told the Jewish Chronicle.
This article originally appeared on JTA.org.
The post Noah Wyle, TV’s nice Jewish doctor, is People’s Sexiest Man Alive appeared first on The Forward.

