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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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How Black music brought me closer to Judaism
Once, while my parents were away, my Grandma Min woke my three siblings and me at five in the morning to lecture us on the proper way to squeeze a toothpaste tube. Funny how effective that was. To this day, I can’t pick up a tube of Crest without thinking about how to squeeze it properly.
Toothpaste incident notwithstanding, I loved my Grandma Min. She was a rule-breaker and a rebel. Among the first Jewish women in Minneapolis to march for civil rights, she regularly hosted Black community leaders in her apartment and served them her own brand of soul food: blintzes, kugel, borscht, and mandelbrot. Everyone she touched — including me — was changed for the better. She’s the one who introduced me to the world’s greatest guitar teacher.

One Sunday afternoon, in the midst of a brilliant sun-shower, Lester Williams pulled up to our house in his pale-yellow Fleetwood Brougham. There’s little question that he was the first Black man to park a Cadillac on our block and walk to the door of a Jewish kid’s house for a guitar lesson.
It was Grandma Min’s idea. She’d seen Lester perform at a Hadassah luncheon, singing songs from Fiddler on the Roof with a big archtop Gibson and a tambourine balanced on his shoe. Afterwards, she asked if he’d teach me.
Lester, who was in his mid-70s at the time, wore a high-rise Don King hairdo and played in a style that was equal parts Texas blues and Yiddish theater. He taught me Sam Cooke’s ”You Send Me” and Lightning Hopkins riffs. When he sang, his eyes closed like he was singing for the Lord.
To this day, I’ve never opened my guitar case without thinking of Lester.
Back then, Jewish felt dorky; Black felt cool. In the early ’70s, a newly bar-mitzvahed kid playing funk and blues was an anomaly. Now, of course, the pop charts are built on it, but in the day it was the Eagles and Jethro Tull, not Kanye and Kendrick Lamar.
I was drawn to the groove and gravitas of Black music — Marvin Gaye, Curtis Mayfield, John Lee Hooker. It wasn’t only sound; it was a worldview. There was truth in that rhythm: sophisticated, sardonic, somehow sacred. It hovered between sex and Godliness. You could put a record on the stereo and feel righteous about reproducing the human species to it. To play that music, you had to become it, not just imitate it. I developed a lilting accent that slipped in naturally when I sang, like a thing that made down-in-the-bones sense. Every rock musician had done it in some form — Jagger, Van Morrison, the whole British Invasion.

It was a bridge to something larger, a way to escape the confines of white suburbia and begin what would become a lifelong expansion of my creative and spiritual boundaries. In retrospect, it may have been the first step on the path that led me to become an observant Jew.
Most of the kids around me seemed content inside their circumscribed worlds of hockey, keggers and Sadie Hawkins dances. I wanted to erase the margins someone else had drawn around my life. The times I could do that were rare, but they happened most powerfully when I was making music. It was then that the world lost its edges. The interplay between musicians could feel like one spirit inhabiting separate bodies. That’s how it felt when I first played with Wynston Robyns.
At my cousin Jeff’s house near Cedar Lake, we jammed in the basement — low ceiling, unused shuffleboard court in the floor, winter coats piled on the Ping-Pong table. Some older Black guys from the North Side brought their gear, a little weed, and some Ripple wine. I’d never tried Ripple before. I drank to excess.
Soon the room came alive: guitars tuned, reeds moistened, drums whacked, a few tentative chords tossed out. First rhythm, then flight. Jeff on the Fender Rhodes, me on guitar, all of us tearing it up. After an hour, the alto sax player, Jimmy, said, “You boys gotta meet Wynston Robyns.”
With Jeff’s parents away and my parents asleep and dreaming back at my house, we piled into Jimmy’s car and drove north, well past the safety of our suburb. By the time we reached Wynston’s place it was close to one in the morning. Dim light spilled from the basement windows, bass and drums rumbled from below. When Wynston finally opened the door, he filled its frame: barrel-chested, magnetic, with a half-smile suspended between welcome and menace.

We smoked more weed and played until God knows when. Some Stevie, some Lou Rawls. It was nearly dawn when Jeff and I became the new members of Wynston Robyns and Soul SearchLyte.
Rehearsals were constant — four nights a week, sometimes after school, sometimes before. Neither of us was old enough to have a driver’s license, so we took the city bus.
It took months for Soul SearchLyte to land just two gigs. The first was a corporate lunch my dad attended in a suit and tie. “Wynston seems like a really nice guy,” he said afterward, which was true…mostly. The second was New Year’s Eve at the Holiday Inn downtown. We were the “headliners,” scheduled for 1:00 a.m. — which everyone in the business knows means the time everybody has gone home to party. The real headliners went on at midnight. It was another North Side band, Champagne, featuring Morris Day, André Simone, and a diminutive guy with a large afro.
Jeff and I watched them in awe. André’s bass ran through a Mu-tron Funk Box that made every note sound like it came from the world’s best wah-wah. Morris Day’s drumming was tight, crisp, unstoppable. Wynston leaned toward me and shouted over the groove, “You see that guy? The way he chops out that rhythm? His name’s Prince. They say he’s got a record deal on Warners. Peter, that’s what you need to do if you wanna be more than just a basement guitar player.”

No offense to Soul SearchLyte, but Champagne was a brutal act to follow. By the time we went on at 3:00 a.m., only my Uncle Sonny and the bar staff were still around, mopping the floor while we played our hearts out.
A few weeks later, during rehearsal, our lead guitarist, Larry Crags, announced he was quitting.
“Wynston, I’m afraid I’m gonna have to leave the snap,” he said.
Wynston stared at him. “What the fuck did you just say?”
Larry shifted his weight. “My wife thinks it’s not a good idea — all this practice when we haven’t got any gigs lined up.”
Wynston stepped forward and jabbed his finger into Larry’s chest. “You sayin’ I’m not a man?”
It was strange. Larry hadn’t said anything of the sort.
Before Larry could answer, Wynston swung and caught him square in the face. Larry, who’d once told me in strictest confidence he was a Kung Fu master, fell hard, then rose, bloodied, into a fighting stance. Having been an ardent viewer of Kung Fu, the TV series, I waited for the mystical retaliation. It never came. Wynston hit him again, a clean right hook that sent him flying into my amplifier.
Larry crawled away, whimpering, up the stairs and out of the house. Jeff, maybe out of shock, started playing ”Rock-A-Bye Baby” on the high keys of his electric piano. From behind the drum kit someone said flatly, “Why don’t somebody shut off that amplifier?”
Wynston, panting hard, looked at me. “Peter, I suppose you wanna quit this snap too, since you’ve just seen a Black man beat up on a white dude.”
“No, Wynston,” I said. “I love being in this band.”
Hell yes, I did. I just became the lead guitarist.
Those nights in North Minneapolis — half teachable moment, half transcendence — were my first real taste of faith: the moment when music, spirit and belonging coalesced into one sound, one rhythm, one funky-ass pulse of Creation.
I’m positive Grandma Min would approve.
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In ‘Nuremberg,’ a potent warning about our current politics of denial
“You want to know why it happened here?” asks Howie Triest — a German Jew serving as a U.S. military translator — in the new film Nuremberg. “Because people let it happen. They didn’t stand up until it was too late.”
Triest’s words, as uttered by actor Leo Woodhall, serve as an implicit plea to the film’s contemporary audience: We must stand up against the advancing collapse of our own democracy, before it is too late. Dark resonances appear between scenes in the film and scenes unfolding in today’s United States.
As Hermann Göring, the highest-ranking Nazi not to commit suicide at the war’s end — that is, until after his sentencing — Russell Crowe gives us a deposed and vainglorious charmer still able to exert something of his vanished power, even from his specially constructed prison. And, as in life, the Reichmarschall has a remarkable ability to evade and deflect: He is proud of the work he did for the German people and would do it again, but claims that once the war started, he knew nothing about what went on in the concentration camps — and nor did Adolf Hitler.
Today, Göring’s various lines of defense are striking as the ur-text for Holocaust deniers, as well as for contemporary leaders who strive everyday to re-write reality by lying about it. It is impossible to hear his arguments and not be struck by parallels to the rhetorical devices we see all around us now.
Göring’s arguments relied heavily on “what-aboutism”: He argued many other countries, including the U.S., had also committed crimes against civilian populations. The Nazis were no different. Likewise, President Donald Trump and his defenders have turned to “what-aboutism” over and over. Did Trump refuse to return classified documents upon leaving office after his first term? What about Hillary Clinton’s 33,000 deleted emails? Insurrection on January 6 ? What about the Black Lives Matter protests? Family-separation policy? Well, Barack Obama’s administration built the cages.
Such comparisons serve to obfuscate vast differences in intent and magnitude. They also erode the very idea that justice exists, or should exist.
The Nuremberg trials marked the first time that individuals — not states — were held criminally responsible for war crimes under international law. They shaped the development of modern international criminal law and institutions such as the International Criminal Court in the Hague — a court that Trump has repeatedly described as illegitimate. They uphold the idea that nothing, including extreme nationalism, is a defense for orchestrated violence against civilians.
But the Nuremberg trials also marked the first time that, under oath, leaders adopted the excuse that they had no concept of, or power over, the injustice executed on their watch. The Nazi leaders in the dock at Nuremberg all claimed, in some way or another, that they did not know of and were not responsible for the fate of the Jews, or anyone else who fell victim to their pitiless brutality. In the film as in life, those claims caused chief prosecutor Robert Jackson (Michael Shannon) to summarize their testimony this way: “While there have been enormous crimes, there are no criminals.”
A similar phenomenon was on display earlier this year in the Oval Office, when Trump hosted Salvadorean president Nayib Bukele. Trump’s administration had just deported more than 200 chained and shackled immigrants, many with no criminal record, to an El Salvador prison made infamous by sadistic videos produced by Bukele and copied by Homeland Security head Kristi Noem.
One prisoner, Kilmar Armando Ábrego Garcia, gained particular attention after it was revealed he had mistakenly been deported in violation of a federal immigration judge’s order barring his removal to his native country. Attorney General Pam Bondi and Deputy Chief of Staff Stephen Miller argued, without evidence, that two judges had declared Ábrego Garcia a member of the MS-13 gang.
And when Bukele visited for an Oval Office meeting, the administration’s line was clear: they did not have the power to return Ábrego Garcia. His fate, in the words of Miller, was at the “sole discretion of El Salvador.”
Heads turned to the Salvadorean president, who smiled enigmatically. “How could I smuggle a terrorist into the United States?” Bukele asked. “Of course, I’m not going to do it. The question is preposterous.”
And the situation was indeed preposterous. No one, it seemed, was responsible for Ábrego Garcia’s fate. (Ábrego Garcia was eventually returned to the U.S. in June; the Trump administration is still trying to deport him.)
There have been many previous comparisons between Trump’s government and Hitler’s. Many have focused, including in the Forward, on Hitler’s first year in power, when Hitler hollowed out the civil service and re-stocked its ranks with loyalists; cracked down on the media, the universities, the judiciary, and the military; and began a campaign of horror in which Germans began to see their neighbors brutally arrested and imprisoned.
Crucially, the seeds of Göring’s Nuremberg defense were present at that time as well. Hitler and his top men characterized all reports of their barbarity as false, exaggerations spread by foreign enemies and a hostile media. Such evasions, too, are in abundant supply today.
After only two months in power, the Nazis made it illegal to protest or oppose them in any way. The Trump administration has taken frightening steps in the same direction. After several lawmakers who served in the military or the intelligence community this week posted a video in which they spoke directly to U.S. service members, urging them to uphold the Constitution and to defy “illegal orders” amid the Trump administration’s promise to send the National Guard “and more” into democratic-leaning cities, Trump posted on social media that the video constituted “SEDITIOUS BEHAVIOR, punishable by DEATH.”
Miller added that the video represented “insurrection — plainly, directly, without question.”
Nuremberg is based on the life of psychiatrist Douglas Kelley (Rami Malek), whose encounters with Göring form the core of the film. After the trials, Kelley wrote that he found the Nazi leaders to be by and large “commonplace people whose personalities could be duplicated in any country of the world today.” They were responding, as people always will, to the opportunities presented by serving a corrupt leader, one whose only demand is fealty.
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Trump says he and Mamdani ‘didn’t discuss’ NYC mayor-elect’s vow to arrest Netanyahu during congenial meeting
(JTA) — Donald Trump and Zohran Mamdani covered a lot of ground in their highly anticipated meeting at the White House Friday afternoon, discussing agenda items such as housing and affordability.
One topic that apparently did not come up, however, was Mamdani’s vow to arrest Israeli Prime Minister Benjamin Netanyahu should he step foot in New York City once Mamdani takes over as mayor on January 1.
“We didn’t discuss the second part of your question,” Trump told a reporter following the private meeting, referring to a question about whether he would stop Mamdani from arresting Netanyahu.
Mamdani’s promise to arrest Netanyahu is on the basis of an arrest warrant by the International Criminal Court, to which the United States is not a party. Later, when asked about Mamdani’s frequent references to following international law, Trump deflected the question, saying, “I don’t know what you’re referring to in terms of, it could be covered by international law, local laws, it’s covered by a lot laws, it’s covered by U.S. law,” and ultimately allowed Mamdani to answer.
“I think what I’ve shared with the president is our desire to not only follow the laws of our own city, laws that protect New Yorkers, but also desire for consistency in our politics across the board,” Mamdani said.
The mayor-elect’s promise to arrest Netanyahu is seen as an area that could lead to conflict between the president, who considers Netanyahu an ally, and the New York City mayor-elect, who accuses Netanyahu of committing a genocide.
But there was little conflict Friday afternoon during a meeting that was viewed as crucial in ensuring that New York City retains federal funding that Trump has threatened to cut and that Mamdani can get the security clearance typically afforded to mayors.
Trump was effusive in his praise of Mamdani, who like him rose to power on populist sentiment and after overcoming traditionalists in their party. He called Mamdani “hopefully a really great mayor,” and the overall dynamic between the two leaders was chummy despite their political differences and name-calling in the lead-up to the mayoral election.
Trump has referred to Mamdani as “my little communist,” while Mamdani has called Trump a “despot” — a position he was asked about again Friday, and which Trump brushed aside.
Mamdani was asked multiple times about his accusations that Trump is a “fascist,” initially answering that “President Trump and I, we are very clear about our positions and our views.” When asked again, Mamdani began answering the question indirectly, before Trump let him off the hook with an easy out.
“That’s OK, you can just say yes,” Trump said, patting Mamdani on the arm and laughing. “It’s easier than explaining.”
“I’ve been called a lot worse than despot,” Trump also said.
Trump and Mamdani addressed questions on issues including Israel’s war in Gaza and Jewish safety in the city, following a half-hour meeting closed to the press.
“I think you feel very, very strongly about peace in the Middle East,” Trump said to Mamdani, answering a question about the region.
Mamdani replied that he’d asked Trump voters in New York why they voted for the president, and one answer he’d hear repeatedly was: “They wanted an end to forever wars. They wanted an end to the taxpayer dollars we have funding violations of human rights.”
Mamdani was later asked about his accusations that the U.S. government was committing genocide. The mayor-elect corrected the reporter, saying, “I’ve spoken about the Israeli government committing genocide, and I’ve spoken about our government funding it.”
He continued, “And I shared with the president in our meeting about the concern that many New Yorkers have of wanting their tax dollars to go to the benefit of New Yorkers, and their ability to afford basic dignity.”
The meeting came one day after a protest outside an Upper East Side synagogue that was holding an event promoting immigration to Israel drew condemnations; Mamdani’s spokesperson said he “discouraged” the language used in the protest, but suggested the event was a misuse of the “sacred space.”
A question about Jewish safety was asked immediately after the press conference concluded, which Mamdani stuck around to answer, though he did not address Thursday’s protest.
“I care very deeply about Jewish safety and I look forward to rooting out antisemitism across the five boroughs and protecting Jewish New Yorkers and every New Yorker who calls the city home,” Mamdani said.
Trump praised Mamdani’s decision to keep Jessica Tisch, who comes from a prominent Jewish family, as his police commissioner.
“He just retained a great police commissioner,” Trump said. “He retained I think somebody that is a friend of some people in my family, Ivanka, and they say she’s really good, really competent.”
While Mamdani’s appointment of Tisch has reassured some Jewish New Yorkers concerned about the community’s safety, others more critical of Mamdani were not swayed.
Rep. Elise Stefanik, who is running for governor as a Republican, has positioned herself as a bulwark against antisemitism who will prevent Mamdani from achieving the state legislative wins necessary for his democratic socialist agenda.
But Trump appeared to undercut Stefanik, disagreeing with her claim that Mamdani is a “jihadist.”
“No, I don’t,” Trump said, when asked if he believed he was seated next to a jihadist on Friday. “But she’s out there campaigning. You say things sometimes in a campaign.”
Praising Stefanik, he said, “She’s a very capable person.” Then he said about Mamdani, “I met with a very rational person. I met with a man who really wants to see New York be great again.”
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