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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. 


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

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How a Trump attack on Jon Ossoff could fuel the first Jewish presidency

(JTA) — Jon Ossoff, the Jewish senator from Georgia and the focus of speculation about a 2028 run for the presidency, is prepared to be the target of an address Thursday night by President Donald Trump.

Ossoff told reporters that if Trump, as expected, questions his and Sen. Raphael Warnock’s 2021 election wins, then the president would be “calling Georgia voters illegitimate.”

Trump has repeatedly claimed without basis that his 2020 presidential election defeat in Georgia, and wins by Democrats Ossoff and Warnock in runoffs the following January, were rigged. He has deployed federal law enforcement to Georgia to search for evidence of fraud, even though repeated probes have uncovered nothing.

The speech comes as Ossoff has gained national attention for his repeated attacks on the president in his reelection bid against Trump-endorsed Rep. Mike Collins.

Ossoff’s battle with Trump could fuel buzz for his vying for the Democratic presidential nomination in 2028.

Ossoff has repeatedly denied interest in running for president this cycle. But Democratic pollster Adam Carlson imagined an excerpt from a “Former President Ossoff’s memoir in 2060.”

“I wasn’t planning on running for president. It was never an ambition of mine,” Carlson wrote on X, following initial reports that Trump’s address could come as soon as Monday. “Then Trump did that super weird address on July 13, 2026 and here we are.”

Ossoff, 39, were he to run and win, would be the first Jewish president of the United States, and his Jewish identity has crept into discussions about his potential candidacy.

He has drawn comparisons to Barack Obama, who said in 2006 that he “will not” run for president, two years before he did so successfully.

The buzz around Ossoff has largely focused on his sharp criticism of Trump, attracting some prominent left-wing figures. Progressives such as Gen Z commentator Jack Cocchiarella and Zohran Mamdani adviser Morris Katz have lauded Ossoff’s messaging.

Left-wing streamer Hasan Piker — a harsh Israel critic who has drawn allegations of antisemitism — said Ossoff “will be my dark horse pick, depending on how he presents himself if he has ambitions for higher office.”

One subject that Ossoff has largely steered clear of during his reelection campaign is Israel, a growing wedge issue among Democrats and a litmus test for democratic socialists like Piker. While multiple possible presidential candidates have sworn off the pro-Israel lobbying group AIPAC, Ossoff has not weighed in on the group.

Ossoff has positioned himself as an Israel supporter who opposes Prime Minister Benjamin Netanyahu’s government. Just over a month after Hamas’ Oct. 7, 2023, attack on Israel, he referred to himself as a “pro-Israel Jewish American” in an address. He said he was praying for the Israeli hostages’ freedom and urges “mercy for the innocent civilians in Gaza.”

He has since voted to block some weapons sales to the country — along with an increasing number of Senate Democrats who have questioned military assistance to Israel as the war has devastated Gaza — while voting to allow the sale of defensive weapons. He wrote in July 2025 that “the United States must continue to support the Israeli people, who face the persistent threat of rocket and missile attack and have been subjected to intense aerial bombardment from Iran, Lebanon, and Yemen.”

Ossoff’s first vote against weapons in November 2024 spurred a critical open letter from several Georgia Jewish organizations including synagogues, Jewish schools, the local Anti-Defamation League chapter and other groups. His vote also drew the attention of AIPAC, which released 30-second ads attacking U.S. senators — including Ossoff — who had voted to block weapons sales.

Radio host Eric Messersmith said last month that, in an effort to win over a party that is divided on Israel, Ossoff “might be the Democrat that can thread the needle because even though he’s Jewish, he’s very critical of the Israeli government, very critical of Benjamin Netanyahu.”

“He has credibility on that issue, so it’s possible that I think he could fill that lane in between the two extremes of the Democratic party,” Messersmith said in a widely circulated conversation on CNN.

CNN’s Elex Michaelson drew criticism online when he added, “As a Jew, some people read a little more Jewish than other people, and Jon Ossoff may not read as Jewish as [Pennsylvania Gov.] Josh Shapiro does, for whatever’s that worth.” Michaelson later apologized.

Ossoff has deep ties to the local Jewish community, and has spoken about the impact of growing up around his uncle who was a Holocaust survivor.

Living among survivors “has a profound impact on how I view the State of Israel, recognizing that the State of Israel was established 75 years ago as Jews rebuilt in the ashes of the Holocaust, and sought to establish a secure homeland for the Jewish people,” Ossoff told the American Jewish Committee in May 2023.

The Georgia Democrat’s team reported that Ossoff raised an  $20 million in the year’s second quarter, ending it with $42 million in cash on hand.

Jewish Insider reported that some Jewish Georgians are torn. Collins has faced accusations of antisemitism and having ties to the far right. Collins’ son-in-law is a white nationalist social media influencer who has shared antisemitic material and Nazi imagery, CNN reported on Thursday. Collins has said some of his own statements were misunderstood, and has defended himself by citing his support for Israel.

“Donald Trump’s handpicked candidate Mike Collins is a notorious bigot, antisemite, and extremist,” Ossoff posted on social media last month.

Ahead of Trump’s address, Ossoff said he expects the president “to use whatever he puts out there on Thursday as a pretext” to interfere in the November election, or “to lay the groundwork for challenging the result.”

The post How a Trump attack on Jon Ossoff could fuel the first Jewish presidency appeared first on The Forward.

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In the wake of Graham Platner’s success (and fall), a candidate to replace him changes his mind about ‘genocide’

(JTA) — When Jordan Wood vied last fall for the Democratic nomination for Maine’s U.S. Senate seat, he avoided accusing Israel of genocide,  citing a link between rising antisemitism and “the language” that people use.

Graham Platner, who went on to overwhelmingly win the nomination, did not stint on using the term. Platner is out after accusations of sexual assault, and Wood is once again running in the abbreviated primary to replace him. (Platner has denied the accusations.)

And now the former congressional staffer is changing his tune.

“I believe we can’t continue to fund Israel’s genocide in Gaza,” Wood wrote on social media last week. “It’s a moral atrocity. We should be using our taxpayer dollars to fund schools, healthcare, and childcare here at home, not on bombing innocent civilians.”

Last November, Wood said he was concerned the word was so loaded as to be dangerous.  He told Democratic commentator Kaivan Shroff that he believed Israel has committed war crimes in Gaza, but stopped short of using the term genocide.

“I’ve hesitated on it because I’m also seeing a real rise in antisemitism in the United States,” Wood said then. “My husband is Jewish, and the acts of violence toward Jewish Americans is very much connected to the language that we use.”

It would be “a huge deal for the United States Congress to designate what’s going on in Gaza as a genocide officially,” Wood said

“There could be consequences to that of U.S. citizens that have served in the IDF,” he said. “Do they get prosecuted?”

Wood’s campaign did not respond to a request for comment on what prompted him to adopt the term.

The Maine Democratic Party has until July 27 to nominate a replacement for Platner, an anti-Israel progressive, in hopes of unseating GOP Sen. Susan Collins.

Wood, along with major candidates Troy Jackson, Nirav Shah and Shenna Bellows have all accused Israel of having committed genocide since launching their campaigns, underscoring the shrinking popularity of Israel among Democratic voters and their representatives in the wake of its war in Gaza – and perhaps noting Platner’s success in making Israel an issue in the race.

In an interview this week with The Advocate, Wood criticized the embattled Platner, while saying that he would “carry on that platform” that had energized Maine voters.

“I separate Graham, the movement, from the person,” Wood said. He pointed to issues like conditioning aid to Israel and rejecting corporate PAC and AIPAC money, as priorities that he shared with Platner.

Wood told Shroff in November that he would not take money from AIPAC, and added that there is a “huge amount of distrust” of the pro-Israel lobbying organization among Democratic voters.

“I believe the only way to truly prove to a voter that you are voting and prioritizing policies in their best interest, and for our country’s best interest, is to remove any perception of corruption or misdealing,” Wood said.

He has also been consistent in saying that he would vote in support of Bernie Sanders’ resolutions to block the sales of certain weapons to Israel, while maintaining that that shouldn’t mean halting the U.S.-Israel relationship altogether.

“The United States should absolutely have a cooperative relationship with Israel, and I want that relationship to work. But a real partnership is not a blank check,” Wood told Jewish Insider last week. “It comes with honesty and accountability. The United States has enormous leverage with the Israeli government, and we’ve been refusing to use it.”

Wood and a number of other candidates will participate in a televised debate on CNN on Thursday night, ahead of the July 27 nominating convention.

The post In the wake of Graham Platner’s success (and fall), a candidate to replace him changes his mind about ‘genocide’ appeared first on The Forward.

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Francesca Hong is dishing up a Wisconsin campaign that is about the working class and Israel

(JTA) — Meet Wisconsin’s Mamdani.

Francesca Hong is running for governor of Wisconsin emphasizing affordability and opposition to U.S. support for Israel.

Her message is one the Republican Governor’s Association hopes to boost ahead of the Democratic primary next month: It unveiled an ad on Thursday dubbing her “too liberal” for Wisconsin – set to run in liberal parts of the state.

The calculus appears to be to make her appear appealing to a restive Democratic base that in a number of races countrywide has turned against the party establishment, in hopes of elevating to the nomination an unabashed left-winger who likely would lose in a crucial swing state. Zohran Mamdani may take Manhattan, the thinking goes, but his policies would curdle cheese in Wisconsin.

Hong is a single mom and a former chef whose political recipe for appealing to voters has vaulted her in front of the state’s crowded Democratic primary, bringing another democratic socialist within striking distance of victory.

“I’m State Representative Francesca Hong. I’m a service worker, community organizer, and a mom. I work for a living, always have, still do,” Hong said in a video announcing her candidacy as she wore an apron and strolled through a kitchen she had previously worked in. “Five years ago, my community sent me to the Capitol. The system is rigged. I’m running for governor to fix it.”

Hong’s campaign has centered affordability issues, including housing, education and childcare. It highlights her personal story as the child of South Korean immigrants.

It is her record on Israel and antisemitism that has drawn scrutiny from some Wisconsin Jews. During her campaign, Hong has taken a more sharply critical stance towards Israel while maintaining that support for Palestinian rights should not be conflated with antisemitism. She has also called Israel’s actions in Gaza constitute a genocide.

Jeremy Tunis, the co-chair of the community relations committee of the Jewish Federation of Madison, said Hong has aligned herself with an ascendant wave of democratic socialist candidates that have gained ground in races across the country, including in New York, Pennsylvania and Colorado.

“In my view she is trying to leverage the current far-left progressive zeitgeist that has swept in certain areas, namely in New York with Zohran Mamdani,” Tunis, who explained that his personal views do not represent those of the federation.

For other Jews in the state, Hong’s bid for the Democratic nomination sparked concern about how she might fare in the November general election against presumptive Republican nominee Tom Tiffany.

“She’s probably the least electable of the candidates running,” Marc Herstand, a 74-year-old Jewish Madison resident, said. “Wisconsin is a purple state, very purple, and democratic socialism is not going to go over well outside of the liberal communities of Madison, Milwaukee, and … in some of the other cities.”

Tunis said Hong’s broader political record, including previous calls to defund the police, could make her a difficult Democratic nominee in a divided state.

“There’s probably an appetite for it in a lot of places, but … I feel strongly that she would be among the weakest general election candidates for a variety of reasons, not just her stances on issues surrounding antisemitism and anti-Zionism,” Tunis said. “She’s taken a lot of fairly controversial positions that for a 50-50 state, I think, would not serve well in the general election.”

The numbers appear to tell a different story. The race’s most recent polling, conducted earlier this month, had Hong leading with 30% of the votes ahead of former Lt. Gov. Mandela Barnes, at 28%. Another poll in March had Hong with 14% of votes and Barnes with 11%.

The July poll, conducted by Wedgewood polls, also found that Hong led with 47% of the vote against Tiffany with 44% when tested for the November general election.

Herstand, who is a member of the Jewish Democrats caucus at the Wisconsin Democratic State Convention, said that while he believed Tiffany was “tremendously worse” than Hong, he was concerned how her potential nomination would play out amongst the state’s Jews.

“It’s going to chill Jewish support if she gets the nomination,” Herstand said. “Will they hold their nose and vote for her? Yeah. Will they work actively for her? Probably not. Will she need every Democrat to work actively for her to win? Yep.”

Speaking to fellow progressives at a virtual rally Monday night, Hong framed her campaign as a test of the left’s growing political power.

“Workers are reclaiming our power, and this is an opportunity to ensure that the rest of politics across our country, I believe, can change when we win here in Wisconsin,” Hong said. “Because they say, as goes Wisconsin, as goes the country.” She did not speak about Israel or antisemitism during the rally.

Other candidates took shots at the pro-Israel lobby AIPAC and Israeli settler violence in the West Bank, and some attendees at the online rally sent messages in the chat questioning her pro-Palestinian bonafides in light of her silence on the issue. “Is she really a Zionist?,” asked one attendee, while another wrote, “She owns AIPAC.”

Hong has spurned AIPAC support, though the group largely spends in federal elections.

Earlier this month, the Milwaukee Journal Sentinel reported that Hong was now apologizing for a December 2023 call to the Madison police to report a vandalized Israeli flag, out of concern that the incident was “highly antisemitic” and urging that it be investigated as a hate crime.

Earlier this month, asked to explain her calls to police, she told the Milwaukee Journal Sentinel that it was an action “I regret deeply.”

“Three years ago, there was a piece of protest art at the encampments in Madison, which was photographed and posted to social media,” Hong said in a statement. “My constituents reported they felt threatened and alerted me to the social post, but the image was cropped and incomplete to misrepresent anti-Zionism as antisemitism – a distinction I take seriously.”

A week after Hamas’ Oct. 7, 2023 attack on Israel, Hong posted on social media a plea to “prevent further devastation in Gaza; we can not answer war crimes with war crimes.”

“To the Jewish community here and around the world, I love you with my whole being and am praying for your safety,” Hong wrote. “Please know my heart continues to be with the Israeli & Palestinian people through this harrowing time.”

Since then, Hong has introduced legislation that would repeal a 2018 law banning state contracts with businesses that boycott Israel, and criticized outgoing outgoing Democratic Gov. Tony Evers for recognizing the International Holocaust Remembrance Alliance’s definition of antisemitism. She has highlighted both efforts on her campaign website.

Hong has received endorsements from Democratic Reps. Ilhan Omar of Minnesota and Ro Khanna of California, both staunch Israel critics, as well as three Democratic Socialists of America chapters in Wisconsin.

Hong’s campaign drew further scrutiny after she appeared on both Hasan Piker’s show and on a stream hosted by Michael Beyer, an influencer known as “Mike from PA” who came under fire after saying that Jewish identity is “a constructed ethnicity, this demonic ethnicity, wholly invented.”

“If Wisconsin is going to be a state that actually values human rights, then we have to ensure that we’re supporting, we’re fighting for the pro-Palestine movement,” Hong said on Beyer’s show in October.

She also encouraged constituents to fundraise for people on the “front lines in Gaza and the West Bank.”

Hong appeared a second time on Beyer’s show last month, telling the host that “The people deserve leaders who lead with moral courage and moral clarity, and the litmus test is to say explicitly that what is happening in Gaza is a genocide.”

Hong raised roughly $35,000 from Beyer’s livestream and $57,000 from Piker’s.

Herstand said that he was “absolutely appalled” by Hong’s decision to sit down with the influencers.

“It’s unconscionable for her to do and fundraise with them,” Herstand said. “She should return the money she made with these antisemitic influencers, and she should denounce the hate that they spread against Jews.”

Hong’s appearances on the podcasts also sparked condemnation from Ann Jacobs, the Democratic chair of the Wisconsin Elections Commission.

“When you decide these are the sort of people you want to hang out with in order to raise $, you have made clear that you either (1) agree with them or (2) can be bought or (3) both.  Fran Hong appears to be all 3,”  Jacobs, who is Jewish, wrote in a post on X. “She is willing to sell out the Jews of Wisconsin for a few bucks.”

Hong’s campaign did not respond to an inquiry from the Jewish Telegraphic Agency about her appearance on the podcasts, but in an interview with MS Now earlier this month, Hong defended her engagement.

“It’s important that we get our message out in places where campaigns struggle to reach voters,” Hong said. “Just because I am on a platform certainly does not mean that I endorse everything that has been said by either the hosts or other people who have gone on.”

Hong told MS Now, “I condemn hatred, discrimination, antisemitism and islamophobia, any sort of dehumanizing of communities.”

For Tunis, the community relations co-chair, Hong’s response to criticism of those appearances fell short.

“I think that there’s a lot of questions that she has not provided sufficient answers on, particularly her recent appearance and friendliness with Hassan Piker and Mike from PA,” Tunis said. “I think people are waiting and watching.”

Miryam Rosenzweig, the president and CEO of the Milwaukee Jewish Federation, told JTA in a statement that the federation’s “concern extends well beyond any one candidate.”

“Many in Wisconsin’s Jewish community are increasingly concerned by a political environment in which antisemitic rhetoric is too often minimized or excused, where the choices public leaders make about the voices they elevate and the platforms they share shape that environment, and where too few are willing to confront antisemitism consistently, regardless of its source,” Rosenzweig said.

Looking ahead to the crowded Aug. 11 Democratic primary, Tunis and Herstand said many Wisconsin Jews he had spoken with were supportive of Lt. Gov. Sara Rodriguez, who was endorsed by Milwaukee County Executive David Crowley earlier this month after he exited the race. Rodriguez came in third place in the primary’s latest polling, receiving 19% of the votes.

“I hope that Francesca Hong can tone down her rhetoric, because I do not think that it promotes Jewish community safety, and it can make life difficult,” Tunis said. “I hope that she keeps an open mind as her campaign progresses. I’m not super confident that’s going to be the case.”

If Hong does prevail next month, Herstand said he hoped that she would foster communication with Jewish communities in the state.

“I hope she doesn’t get the nomination, but if she were to do that, I would hope that she would reach out to the Jewish community and actually learn a few things that she’s probably not aware of,” he said.

The post Francesca Hong is dishing up a Wisconsin campaign that is about the working class and Israel appeared first on The Forward.

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