Connect with us

Uncategorized

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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

Continue Reading

Uncategorized

Antisemitism Spikes to Record Levels in Italy, New Data Shows

A protester uses a pole to break a window at Milano Centrale railway station, during a demonstration that is part of a nationwide “Let’s Block Everything” protest in solidarity with Gaza, with activists also calling for a halt to arms shipments to Israel, in Milan, Italy, Sept. 22, 2025. Photo: REUTERS/Claudia Greco

Antisemitism in Italy surged to record levels last year, according to newly published figures, as Jews and Israelis across Europe continued to face a relentlessly hostile environment including harassment, vandalism, and targeted attacks.

In Italy, the Milan-based CDEC Foundation (Center of Contemporary Jewish Documentation) confirmed that antisemitic incidents in the country almost reached four digits for the first time last year.

Of 1,492 reports submitted through official monitoring channels, the CDEC formally classified a record high 963 cases as antisemitic, according to the European Jewish Congress and Union of Italian Jewish Communities (UCEI), the main representative body of Jews in Italy.

By comparison, there were 877 recorded incidents in 2024, preceded by 453 such outrages in 2023 and just 241 in 2022. The data fits with several reports showing antisemitism surged across the Western world, especially the US and Europe, following the Palestinian terrorist group Hamas’s Oct. 7, 2023, massacre across southern Israel.

The findings will be formally presented at the Senate in Palazzo Giustiniani on March 3.

According to the CDEC, anti-Israel animus was a key ideological driver of the surge in antisemitism.

“The main ideological matrix that has fueled hatred against Jews is anti-Semitism linked to Israel – i.e., the transfer of anti-Jewish myths, such as blood libel, racism by election, and hatred of mankind,” the organization stated.

In May, for example, a restaurant in Naples ejected an Israeli family, telling them “Zionists are not welcome here.” Months earlier, demonstrators at a January protest in Bologna vandalized a synagogue, painting “Justice for a free Gaza.”

Most of the incidents, 643, occurred online on digital platforms, while 320 involved physical acts such as graffiti, vandalism, and desecration of synagogues in addition to discrimination, threats, and assaults.

The surge in antisemitism came amid multiple surveys showing pervasive antisemitic attitudes among the Italian public.

Around 15 percent of Italians consider physical attacks on Jewish people “entirely or fairly justifiable,” according to one survey published in September.

The survey, conducted on Sept. 24-26 by the pollster SWG among a national sample of 800 adults, found that 18 percent of those interviewed also believe antisemitic graffiti on walls and other public spaces is legitimate.

About one-fifth of respondents said it was reasonable to attack professors who expressed pro-Israeli positions or for businesses to reject Israeli customers.

Months earlier, in June, the Italian research institute Eurispes, in partnership with Pasquale Angelosanto, the national coordinator for the fight against antisemitism, polled a representative sample of the country’s population and found that 37.9 percent of Italians believe that Jews “only think about accumulating money” while 58.2 percent see Jews as “a closed community.”

About 40 percent either did not know or did not believe that 6 million Jews died in the Holocaust, and the majority of respondents — 54 percent — regarded antisemitic crimes as isolated incidents and not part of any broader trend.

The report also showed elevated levels of anti-Israel belief among younger Italians, with 50.85 percent of those 18-24 thinking that “Jews in Palestine took others’ territories.”

The Institute for Jewish Policy Research estimates the number of Jews in Italy as ranging from 26,800 to 48,910 depending on which standards of observance one selects. Eurispes places the number at 30,000.

In January, the Anti-Defamation League released the newest results of its Global 100 survey which found that 26 percent of Italians — 13.1 million adults — embrace six or more antisemitic stereotypes.

Continue Reading

Uncategorized

Israeli bobsled captain on Olympics exit: ‘Holy endeavor’ slammed into rigid rule

The man who piloted the Israeli bobsled team to its first-ever Olympic Games defended the athlete-swapping scheme that led to the team’s removal from competition, saying in an interview with the Forward that the Israeli sporting authority blew the incident out of proportion.

The Olympic Committee of Israel said it pulled the team after learning that a member had faked an illness in order to allow the substitution of a teammate in his place.

AJ Edelman, the team’s captain, did not contest that account. He said that the substitution was unanimously agreed to by the group, calling it “essentially a normal maneuver” at the Olympics given what he called a “somewhat arbitrary” rule that allows alternates to compete only when an athlete is medically unable to continue.

The reason it didn’t work, he said, was that the teammate chosen to fake sick tipped off the Israeli committee, which needed to approve the substitution.

“We’re not the only team to have made that sort of substitution in the competition,” Edelman, 34, said in a phone interview with the Forward from Prague, shortly after midnight local time Tuesday. “We are the only team for which the person then was just upset that he was the one doing it and made a scene about it.”

The swap would have made Ward Fawarsy, who was traveling with the squad as an alternate, the first Druze Israeli to appear in Olympic competition. Instead, the committee pulled the team before its third race, cutting short Israel’s run with two heats remaining.

The Israeli committee said in a statement that it had reported the matter to the International Olympic Committee and would conduct an investigation after the Games.

The exit — which Edelman characterized as a voluntary withdrawal — blighted a budding underdog success story. The team, nicknamed “Shul Runnings” (a play on the title of a popular movie about the 1988 Jamaican team), had scrapped its way into the Olympics without financial support from Israel — largely thanks to the perseverance of Edelman, its indefatigable spearhead, who told the Forward he saw the team as a “holy endeavor.”

Without a national sports program behind him, Edelman, a former MIT hockey goaltender, had recruited Israeli athletes from other sports to the project — Zisman was a former pole vaulter, Fawarsy played rugby — and crowdfunded relentlessly to pay for their training. He said this year was the first he broke even, with the team’s costs totaling to around $300,000.

After narrowly missing qualification in 2022 and 2026, Israel broke through in January, receiving an invitation after the United Kingdom decided to send only one team instead of two.

But at the end of a whirlwind month in which the team was burglarized at its pre-Olympic lodgings, booed at the opening ceremony and drawn into controversy involving multiple foreign broadcasters, Israel’s withdrawal left it below teams that crashed in the final results for 4-man bobsled, marked “Did Not Start” on the scoresheet.

Israel also finished last out of 26 teams in 2-man sled.

Taking the plunge

Israel’s 4-man bobsled team was in 24th place out of 27 when one team member falsely claimed an illness. Photo by Tiziana FABI / AFP via Getty Images

The fake illness plan was set in motion after the second of four heats in the 4-man competition, with Israel in 24th place out of 27 and medaling out of reach.

Olympic rules generally do not allow alternates to compete unless a team member has to withdraw due to injury or illness. The idea to fake an injury, according to Edelman, had been Zisman’s earlier in the year, when it appeared that he, not Fawarsy, would be the alternate. Edelman said he nixed the proposal at the time.

But in Italy, with Fawarsy the alternate due to a pre-Olympics injury, Edelman went for the switch.

“Ward’s inclusion was important because of his years of service to the team, because of who he was and because of who he represented,” Edelman said. “I was quite proud that a group of young Israelis took a look at their brother, their teammate, and said, ‘This is important for you. This is important for us.’”

After the group agreed to the plan, the question became which team member would drop out.

According to Edelman, Zisman thought it should be Menachem Chen, because he had raced with Edelman in the 2-man. But Zisman, Edelman said, “was the weakest performer. And given that Ward’s position was his position in the sled, they were somewhat interchangeable.”

Zisman appeared to begrudgingly go along with the arrangement at first, undergoing a medical exam and signing an affidavit to support the substitution request, according to Israeli officials. But Edelman said that during that process, Zisman volunteered that “another athlete should do it instead, and at that point Israel made it what it became.”

Edelman said his team’s alternate substitution ploy was not uncommon at the Olympics.

The Olympic Committee of Israel said in a statement that Zisman had admitted to the head of the delegation that he had acted improperly, forcing the committee to withdraw the request and disqualify the move.

“The Olympic Committee of Israel views any deviation from the Olympic values as unacceptable and cannot accept inappropriate behavior,” the OCI statement added. “It should be emphasized that, up to this point, the participation of the bobsleigh delegation has taken place in the spirit of sport and without any violations by the athletes.”

The Israel committee did not respond to questions sent by the Forward, and Zisman did not respond to a request for comment.

Edelman flatly disagreed with the committee’s decision.

“We felt that it was completely fine, given that it was essentially a normal maneuver,” Edelman said. “It was really blown into something that we hadn’t expected. Israel insisted on sort of making an example of the situation.”

Iced out of Italy

AJ Edelman, left, and Israel’s Menachem Chen congratulate each other after competing in a 2-man bobsled heat. Photo by Stefano Rellandini / AFP via Getty Images

The incident capped a Winter Olympics in which Israel appeared in more headlines due to controversy than competition. The country did not medal at Milan Cortina — it has never medaled at a Winter Games — and most of its athletes ended competition in the bottom half of contestants.

The first Israeli delegation to compete at the Winter Olympics since the attacks of Oct. 7, 2023, was also a frequent target at the Games. Much of the ire from foreign press and other athletes targeted Edelman, who has been a vocal defender of Israel’s war in Gaza on social media.

As Israel was racing in the 2-man event, a commentator for a Swiss TV broadcast listed Edelman’s comments and actions related to the war, which it said were “in support of the genocide in Gaza.” The network later apologized.

An Italian commentator also landed in hot water after he told someone off camera but on live air to avoid the Israeli team.

Edelman said the hostility extended to his fellow bobsled athletes, and claimed that one had called the team “baby killers.” He declined to name the athlete or say what country he represented.

“I take a look at a guy like that, who has made the Olympics a couple of times, and I go, ‘What a loser,’” Edelman said. “He spends his time worrying about Israelis or Jews? What a total loser. So I just don’t put too much stock in it.”

Ward Fawarseh would have become the first Druze Israeli to compete in the Olympics. Photo by IOC via Getty Images

Edelman did not want to highlight the role Fawarsy’s ethnic background played in the team’s decision to break the rules, saying doing so “minimizes him as an athlete and it minimizes him as a person, into something demographic.” At the same time, he appeared to allude to Fawarsy serving in the IDF as a reason for his inclusion.

On Oct. 12, 2023, Edelman posted a picture of Fawarsy to Instagram, writing in the caption that his teammate was “serving on the front lines right now.” (He edited the caption earlier this month to, “Love Ward. Send him a message with your support!”)

“He served Israel with distinction and a level of heroism that all of us aspire to have in our lives,” Edelman told the Forward, adding, “Ward earned it and deserved it as much, if not more, than any of the other guys.”

Fawarsy did not respond to an inquiry.

Frozen fallout

Few in the public sphere have found inspiration in the team’s intentional rule-breaking, even done in service of a Druze athlete’s achievement. Israel’s i24 news broadcast called it a “dramatic and disappointing development.” The Times of Israel said the team’s “legacy was tainted.”

And David Greaves, the president of the Israeli Bobsleigh and Skeleton Federation, told Times of Israel that he was “deeply disappointed in the actions of the team.”

Edelman maintained that the public reaction reflected a lack of context about how the sport tends to operate.

He compared the move to a football player seeking medical treatment to stop the clock or buy time for fatigued teammates. But that ploy, he noted, conferred a competitive advantage his team’s swap had not.

The rule that alternates could not compete was arbitrary in Edelman’s view because it was mostly designed to limit the census of the Olympic Village. He said that other teams had similarly broken the rule with none the wiser.

AJ Edelman touts himself as the first Orthodox Jewish Winter Olympian. Photo by Ezra Shaw/Getty Images

“When you take a look at the sport from the outside and don’t understand how the sport works, what the usual behavior is in the sport and why things are the way they are,” he said, “the decision seems like a very heavy risk to have taken on. The move is not unusual. It is not uncommon whatsoever.”

It did not appear that any other men’s bobsled teams made substitutions at the 2026 Games. It was unclear how many alternates ultimately competed at Milan Cortina.

At least one alternate was substituted in in another sport: Rich Ruohonen, an athlete on the U.S. curling team, entered competition late in a match with his team facing a near-insurmountable deficit. His throws made Ruohonen the oldest-ever U.S. Winter Olympian. It was unclear how he was able to substitute, and U.S. broadcasters embraced the moment. (Ruohonen could not be reached for comment.)

In a statement to X following news of the team’s withdrawal, Edelman took accountability for the decision and said he believed he had been “putting the country first.” And while he believed Israel was held to a higher standard than other countries, he was not sure that should have influenced his team’s choices.

“A lot of people have asked, ‘Would you do it again?’” Edelman told the Forward. “I think it would have been very hard in the future for all of us to take a look back on it and go, ‘You know, every other team does this sort of thing — we were just not going to get Ward in there because we’re looked at extra harshly if something goes wrong.’

“Again, it’s tough to explain to outsiders who don’t know the sport,” he continued. “So I feel very comfortable and confident in the decision that the team unanimously took.”

The post Israeli bobsled captain on Olympics exit: ‘Holy endeavor’ slammed into rigid rule appeared first on The Forward.

Continue Reading

Uncategorized

NYC Officials Sue Mamdani Over Failure to Disclose Docs on Decision to Scrap IHRA Definition of Antisemitism

Candidate Zohran Mamdani speaks during a Democratic New York City mayoral primary debate, June 4, 2025, in New York, US. Photo: Yuki Iwamura/Pool via REUTERS

A group of Queens elected officials and civic leaders has filed suit against New York City Mayor Zohran Mamdani, accusing his administration of stonewalling a Freedom of Information Law (FOIL) request related to his decision to revoke an executive order adopting the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.

The lawsuit centers on Mamdani’s move on his first day in office in January to rescind a series of executive orders issued by his predecessor, former Mayor Eric Adams, to combat antisemitism. Among the orders revoked was one formally adopting the IHRA definition, which has been widely embraced by governments and institutions across the democratic world.

Plaintiffs include Queens Councilmembers Joann Ariola and Vickie Paladino, along with Queens Civic Congress President Warren Schreiber, the Queens Daily Eagle reported last week.

They argue that the mayor’s office has failed to provide adequate transparency regarding the rationale behind rescinding the IHRA order, a move critics say weakened the city’s formal commitment to combating antisemitism at a time of rising anti-Jewish incidents both locally and nationally.

The purpose of the FOIL applications at issue in this proceeding is to decipher and obtain the documentary trail of information illuminating Mayor Mamdani’s motives, policies, programs, legislative initiatives, and budgetary priorities implicated within the EO [executive order],” the lawsuit reads.

In their filing, the plaintiffs accuse the administration of having “stonewalled, deflected, delayed, and denied” their FOIL request, calling the response timeline “arbitrary and capricious.” Although the city’s Law Department acknowledged receipt of the request and projected a response date in April, the plaintiffs contend that such delays are unacceptable given the gravity of the issue. The lawsuit characterizes Mamdani’s actions as “anti-Israel” and “anti-Jewish.”

IHRA — an intergovernmental organization comprising dozens of countries including the US and Israel — adopted the “working definition” of antisemitism in 2016. Since then, the definition has been widely accepted by Jewish groups and lawmakers across the political spectrum, and it is now used by hundreds of governing institutions, including the US State Department, European Union, and United Nations. Law enforcement also uses it as a tool for matters such as hate-crime investigations and sentencing.

According to the definition, antisemitism “is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere. Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.

Jewish community advocates have expressed alarm that rescinding the executive order could signal a retreat from clear standards at a moment when antisemitic incidents have surged in the two years following Hamas’s Oct. 7, 2023, massacre across southern Israel.

The Israeli government and leading US Jewish groups sharply criticized Mamdani’s decision.

Mamdani’s supporters say the move was part of a broader action by Mamdani to revoke all executive orders issued by Adams since Sept. 26, 2024, when the ex-mayor was indicted for corruption, charges of which have since been dismissed. Mamdani’s office has framed the move as an administrative reset rather than a targeted policy shift, saying the new mayor sought to begin his term with a clean slate.

However, critics argue that lumping the IHRA adoption together with other rescinded orders was, at best, careless and, at worst, reflective of an ideological discomfort with pro-Israel policy frameworks.

The New York Times reported last month that Mamdani “knew from the moment he won the election” in November that he would revoke the executive orders related to Israel and antisemitism but believed rescinding them would upset Jewish groups whose concerns he spent months trying to allay. Therefore, the report continued, Mamdani’s team laid out a few options, and he chose to rescind every order that Adams issued after his indictment, “allowing him to frame the choice as a matter of good governance.”

The lawsuit now seeks a court order compelling the mayor’s office to produce internal communications and documentation explaining the decision-making process behind the revocation.

The IHRA definition could have been problematic for Mamdani, a far-left democratic socialist and avowed anti-Zionist who has made anti-Israel activism a cornerstone of his political career and been widely accused of promoting antisemitic rhetoric. A supporter of boycotting all entities tied to Israel, he has repeatedly refused to recognize Israel’s right to exist as a Jewish state; routinely accused Israel of “apartheid” and “genocide”; and refused to clearly condemn the phrase “globalize the intifada,” which has been used to call for violence against Jews and Israelis worldwide.

Leading members of the Jewish community in New York have expressed alarm about Mamdani’s electoral victory, fearing what may come in a city already experiencing a surge in antisemitic hate crimes.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News