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

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Jewish Democratic support weakened slightly in midterms, survey finds

(JTA) — Democrats lost a small amount of Jewish support overall in the midterm elections, even as an overwhelming majority of Jews voted for the party, according to the results of a new survey published Tuesday.

The poll also found that significant shares of both Jewish Democratic and Jewish Republican voters believe their respective parties have become too accepting of antisemitism.

The survey from the Jewish Electorate Institute, a nonpartisan think tank that often works with Democrats, was the latest data pointing to simmering Jewish discomfort with the majority of the community’s longtime electoral home — even as actual voting patterns have remained largely consistent. Conducted by research firm The Mellman Group, the survey polled 800 national Jewish registered voters online from Oct. 29-Nov. 6, including both early and day-of voters.

The data “reveal warning signs for both political parties” in their relationship to Jews, institute chair Barbara Goldberg told reporters in a briefing.

Researchers found that 69% of Jewish respondents voted for Democrats, a six-point drop from the 2024 election. There was a 3.5% margin of error.

That drop occurred even as several other groups that have consistently voted for Democrats increased their shares in 2026, including voters under 45, voters of color, women and white, college-educated voters.

In the run-up to what would become a historic “blue wave” election, the Jewish vote – a reliably Democratic bloc — received particular attention as several high-profile candidates, including Michigan Senator-elect Abdul El-Sayed, broke with longtime party consensus on Israel or otherwise unnerved the Jewish community throughout the campaign. Studies of Jewish voting attitudes published since Election Night, which have also included polls from the liberal Zionist lobby J Street and the pro-Israel group The Jewish Majority, have found that the Jewish party-line vote was largely unchanged despite those reservations.

While the Jewish Electorate Institute did not isolate any polling on Jews in Michigan specifically, it did poll all Jews about their views on El-Sayed and found that his favorability in the group had climbed since September. He is now viewed favorably by 44% of all Jews and 59% of Jewish Democrats, the survey found, with 40% of the former group and 25% of the latter viewing him unfavorably — giving the senator-elect a net favorability rating in both camps. The same polling also found that 41% of Jewish voters view pro-Israel lobbyists AIPAC favorably, and 35% unfavorably.

The survey also found that 36% of Jewish Democratic voters expressed concern about the direction of the party, agreeing with the statement that it has become “too accepting of antisemitic rhetoric within the Party.” One in four Jewish Republicans believed their party was becoming too friendly to white nationalists and the far right.

“The one place both parties are having problems is on rising antisemitism,” Michael Bloomfield, managing director of the Mellman Group who oversaw the survey, told reporters. The questions about antisemitism within the party had not been asked in previous election surveys conducted by the Mellman Group.

In addition, 28% of Jewish Democratic voters said they voted for candidates whose views on Israel caused them concern, saying that other issues outweighed those reservations. One in six Jewish Republicans said they did the same.

In results that echoed an earlier survey put out by the liberal Zionist lobby J Street, 14% of Jewish Democrats said supporting Israel was one of the most important factors in their vote. A higher share of the Jewish Electorate Institute respondents, 27%, said fighting antisemitism was one of their most important issues, while preserving democracy was the top concern.

The Jewish Republican voters surveyed ranked fighting antisemitism as their top concern, and support for Israel as among their top concerns.

This article originally appeared on JTA.org.

The post Jewish Democratic support weakened slightly in midterms, survey finds appeared first on The Forward.

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Museum cancels Dutch synagogue’s tricentennial celebration over Israel tensions

(JTA) — An exhibition honoring the nearly 300-year-old Amersfoort Synagogue was supposed to be a celebration of Jewish life in Amersfoot, a small city in the central Netherlands.

Instead, Dutch Jews say, it could become the latest casualty of anti-Israel cancel culture that has targeted Jews in the Diaspora.

The city’s mayor in the last week has scrambled to save a planned exhibit on the synagogue after it was canceled, but so far has not been able to guarantee that it will open as planned early next year.

On Nov. 4, Paul Baltus, the director of Amersfoort in C, an organization that oversees the Museum Amersfoort and several of the city’s other cultural institutions, said he was canceling the upcoming synagogue exhibition due to “pressure,” an apparent reference to possible confrontations by pro-Palestinian activists.

Pro-Palestinian protesters have held dozens of demonstrations in the Netherlands since the Oct. 7 Hamas attack. On Nov. 8, tens of thousands of people gathered in Amsterdam to demand that the Dutch government impose stricter sanctions on Israel.

Although the museum started planning the exhibition five years ago, Baltus said in a statement, “Since then, the social climate has changed significantly. The situation in the Middle East is also having an impact on Dutch society. The public debate on this subject can be heated and, at times, lacking in nuance.”

Baltus said he is finding the “tension” surrounding the exhibition, which was slated to begin in early 2027, difficult to manage. “As a small and vulnerable organization, I do not want to expose my staff to that kind of pressure,” he said. While he acknowledged that he could hire security guards and install cameras, “the reality is that our volunteers would still have to deal with a range of reactions.”

Jewish community leaders in the Netherlands said they were shocked by the museum’s actions and called on city officials to ensure the exhibition would go on as planned.

The exhibition is one of several cultural events scheduled to mark the 300th anniversary of the Amersfoort synagogue, which opened in 1727. It is the oldest Ashkenazi synagogue in Western Europe still in use today.

On Nov. 4, Mayor Lucas Bolsius told the City Council that the municipality would begin discussions with the museum and other stakeholders “to ensure that the exhibition can proceed.” The museum’s decision to cancel “has caused considerable pain within the Jewish community, particularly by reinforcing the feeling that its members are not welcome or even allowed to exist,” he told council members.

Following a meeting the next day, Bolsius and Baltsus jointly announced on Nov. 6 that they would work together to try to find a solution.

Over the past week, the mayor said, “helping hands have been offered from the city, central government and across the country to address organizational matters. People and organizations want to help make this exhibition possible.”

Baltus said the help being offered has alleviated some of his concerns. “With this support, we will explore the possibilities with an open mind and a positive intention, in consultation with the Jewish community.”

While Jewish leaders told Jewish Telegraphic Agency that they welcomed these efforts, they said the museum controversy is just the latest example of hostility toward Jewish historical and cultural events in the Netherlands, where anything Jewish – even a 300-year-old diaspora synagogue – is often seen as inseparable from the Israeli-Palestinian conflict.

“We are very glad the mayor intervened. Let this be an example for other authorities,” said Hans Weijel, vice chairman of the Centraal Joods Overleg (CJO), the umbrella advocacy organization that represents the interests of the Netherlands’ 40,000 Jews.

Emile Schrijver, director-general of Amsterdam’s Jewish Cultural Quarter, which encompasses the Jewish Museum, the National Holocaust Museum, the Portuguese Synagogue and other Jewish cultural institutions, said the Museum Amersfoort had made its decision without first consulting the Jewish community or the organizations involved in the planned exhibition.

“Largely since Oct. 7, Jewish artists have had a difficult time finding a stage, and Jewish events, including cultural, can’t find a venue. Jewish events are being cancelled for no reason,” he said.

Schrijver rejected Baltus’s contention that security concerns made the museum exhibition unmanageable, given that the Jewish institutions Schrijver runs in Amsterdam frequently host events, despite pro-Palestinian demonstrations and related security concerns.

“We train our staff all the time. We deal with this every day. Yes, it’s difficult, but no, it’s not impossible,” he said.

Schrijver warned that treating Jewish cultural events as potential security problems risks pushing Jewish communities out of public life.

“The effect of this is that the normality of Jewish presence in a town is being pushed away,” he said. “Suddenly anything Jewish is considered a security hazard or prone to cause problems.”

Cultural institutions have a responsibility to distinguish between their views on Israeli government policy and the history of Jewish communities in the Netherlands, Schrijver said.

“You have to separate your private opinion from the long history of a small town in the Netherlands. What they’re effectively doing is pushing the Jewish community to the fringes of society.”

CJO’s Weijel said the Jewish community has played an important role in Amersfoort’s civic life since the mid-1600s.

“We think it is ridiculous that a museum in a city doesn’t want to have an exhibition about a 300-year-old synagogue and its history in that city. The conflict is in the Middle East, not here,” he emphasized. “If you want proof that this is antisemitism, this is the proof.”

Weijel accused Baltus of being “a coward.”

“He’s afraid something bad will happen, but if you’re that afraid, you should stay in bed.”

In his Nov. 4 statement, Baltus acknowledged the Jewish community’s disappointment and offered to contribute his museum’s “expertise and collection” of Jewish historical artifacts to an exhibition in the synagogue instead. He also offered to incorporate the synagogue’s history into the museum’s permanent exhibition on the history of Amersfoort.

For Schrijver, the Amersfoort controversy is yet another attempt to marginalize Jews in a country they have lived in for generations.

“The moment you make Jewish history dependent on what is happening in the Middle East, you are making Jewish existence conditional,” he said.

This article originally appeared on JTA.org.

The post Museum cancels Dutch synagogue’s tricentennial celebration over Israel tensions appeared first on The Forward.

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Donald Trump actually faced a few tough questions on ’60 Minutes.’ So, why does Marine Le Pen get a pass?

Last Sunday, the news show “60 Minutes” hosted an outgoing president of one country and, quite possibly, the incoming president of another. While falsehoods and fatuities flowed from President Donald Trump, his interviewer, Ross Douthat frequently, if futilely, tried to push back. Yet when Marine Le Pen, running for the presidency of France, also fibbed or fudged the truth, her interviewer, Trevor Phillips, did little more than arch an eyebrow.

This split-screen experience was unsettling for a few reasons. First, it reminded us that our president’s famous “weave” reflects a mind that is declining as surely as his poll numbers. A glance at the interview transcript reflects the deepening incoherence of the man who occupies the world’s most powerful office. This made all the most startling the cogency of his reply to a question Douthat posed at the end of the interview: whether he could stop hating his enemies if that was the price to enter heaven. To a flabbergasted Douthat, Trump replied, “I probably cannot do that, no, because I do hate some of my enemies and I always will.”

While no one can say whether Trump is destined for heaven or hell, Le Pen’s remarks in her interview suggest that she will make life hell for those men and women who fail to qualify, in her eyes, as French.

Yet, in his interview, Trevor Phillips, formerly of The (London) Times and a recent Bari Weiss recruit, failed to make this as clear as a Mike Wallace, a Dan Rather, or a Scott Pelley would have. Nattily dressed and well-spoken, Phillips presented a segment on the violence that has “erupted in Paris’ romantic boulevards” where “the scent of warm croissants and fresh baguettes has been overwhelmed by the whiff of tear gas.”

Overwhelmed by the weight of silly clichés, Phillips could not help but add “They used to call Paris la ville de l’amour — the City of Love. But there hasn’t been much amour on show lately.” While Phillips does not state who “they” are — given the hoariness of the clichés, perhaps they asked to remain anonymous — he should think twice about his assertion that there is not much love. Of course, the protestors are expressing their anger towards the government of President Emmanuel Macron, but they are also expressing their deep attachment, even love, to the republican tradition that has made Paris la ville de la révolution.

More important than his potted account of the social upheavals in Paris, however, was Phillips’ problematic interview with Le Pen. “In 2011,” he explained, “Le Pen took over leadership of what was then a fringe movement from her father, a tough army veteran convicted and fined for Holocaust denial and hate speech.” Yet nine years earlier, in 2002, Jean-Marie Le Pen, the candidate of this “fringe party” then called the National Front, made it into the second round of the presidential election. Though Le Pen failed to make it into the second round in 2007, that more than 4 million French voted for him suggests that his party and person were hardly fringe. It is also odd that while Phillips noted Le Pen’s Holocaust denialism, he omitted Le Pen’s confession that he had tortured Algerian captives while serving in French Algeria.

No less stunning was Phillips’ description of Marine Le Pen’s decision to banish her father from the party in order “to rid it of its stain of bigotry.” If only it were mere bigotry. The National Front was founded, in part, by former members of the French division of the Waffen SS and sympathizers of the wartime collaborationist regime of Vichy. While the daughter has largely succeeded in removing these elements from the party, which she rebranded as the National Rally, she has not removed the “stain” of antisemitism. Little more than a month ago, the French newspaper Mediapart revealed that Le Pen’s second-in-command, Jordan Bardella, was trafficking in antisemitic bilge even after he joined the party as a teenager.

Time and again, Phillips posed questions but had not adequately prepared for Le Pen’s predictable replies. When he asked, in his opening question, “What is happening in Europe? Has politics here just become more radical?” Le Pen answered that “the extreme left creates chaos. They generate violence against people.” If Phillips had done his due diligence, he would have confronted Le Pen with the recent study by the historian Nicolas Lebourg revealing that while six murders in France since 1986 were “generated” by the extreme left, nearly sixty were “generated” by the extreme right. Phillips might also have mentioned last month’s mass killing and wounding of French Muslims in the town of Trappes by an individual who marinated in the literature of the extreme right.

Finally, when Le Pen made the jaw-dropping claim that “discrimination does not exist in France” and, moreover, is “the least racist country in the world,” Phillips did, in fact, raise an eyebrow while repeating her words. But it would have been more effective, perhaps, to raise the findings of various organizations, like the Defenseur des droits, which concluded in 2024 that the “perceived origin” of a job applicant weighs more than any other factor in hiring decisions in France.

As for his lack of follow-up questions to Le Pen’s assertion that France is the world’s least racist country, Phillips’ professional malfeasance was made fully manifest. In every presidential campaign, Le Pen has committed to establishing the law of national priority, which in effect would constitutionalize a racist agenda. Based on the extreme rightwing hobbyhorse of the “great replacement” — namely, that France’s white population is deliberately being replaced by third world immigrants — the law will limit employment opportunities, social and housing benefits to French citizens. Such a law not only runs counter to the laws of the European Union, but also to the humanist and universalist grounding of France’s constitution.

Phillips failed to contest this claim. Ironically, he closed the interview with Le Pen’s assurance that “French people have got to know me.” If only Phillips had done so, as well.

 

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The post Donald Trump actually faced a few tough questions on ’60 Minutes.’ So, why does Marine Le Pen get a pass? appeared first on The Forward.

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