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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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J Street goes on the offensive against AIPAC-backed candidates

(JTA) — J Street, the liberal Jewish Middle East advocacy group, announced that it will spend $3 million to defeat a handful of Republican candidates backed by AIPAC, joining the plethora of progressive groups targeting the American Israel Public Affairs Committee this election year.

Such an attack campaign is an unusual initiative for J Street, which typically endorses candidates but does not target opponents on the basis of an AIPAC endorsement. Until now, according to J Street President Jeremy Ben-Ami, the likelier scenario for his organization was finding its endorsed candidates on the defensive against AIPAC’s spending.

“It’s a new era for us,” Ben-Ami said in an interview. In 2022, J Street targeted an AIPAC backed candidate — but only after AIPAC barraged the J Street endorsed candidate with negative spending.

In a statement, J Street said that this will be the group’s largest super PAC investment in its history, referring to political action committees that can raise unlimited funds but are forbidden from coordinating with campaigns.

The $3 million will be spent on ads targeting Republican Rep. Mike Collins, who is running for U.S. Senate in Georgia against Democratic Sen. Jon Ossoff, who is Jewish, and a handful of incumbents: Ohio Rep. Max Miller, who is running for reelection amid allegations of domestic abuse, which he denies; Wisconsin Rep. Derrick Van Orden; Pennsylvania Rep. Ryan Mackenzie; and Iowa Rep. Mariannette Miller-Meeks.

Ben-Ami said J Street targeted those particular candidates in part because they each face competitive races as the Democrats look to take control of the House and Senate and they have ideological distance from J Street. Many of them were also connected to the movement to deny and overturn the 2020 election results, Ben-Ami said.

J Street’s campaign comes as AIPAC’s brand has become increasingly toxic among voters, and as a growing number of Democratic politicians cross its red line of supporting conditions on U.S. military aid to Israel. J Street’s position, meanwhile, has recently drifted toward supporting a phasing-out of military aid to Israel in 2028.

AIPAC blasted the campaign in a post on X. “Is this from J Street or Justice Democrats?” AIPAC wrote, referring to the progressive organization that has increasingly aligned with pro-Palestinian advocacy.

“A dark money super PAC spending millions to defeat pro-Israel candidates and lie about AIPAC,” the group wrote. “Not a word about helping elect pro-Israel candidates further exposes the difference between J Street and actual pro-Israel organizations.”

AIPAC has been a heavy spender since it launched its super PAC, United Democracy Project, ahead of the 2022 midterms, and is the top outside spender in this election cycle, according to Open Secrets. A number of anti-AIPAC, pro-Palestinian groups have emerged over the past year to counter the pro-Israel lobbying group’s spending.

Unlike those groups, J Street and AIPAC have some overlap in which candidates they back: Both groups endorsed moderate, pro-Israel Democrats such as Reps. Hakeem Jeffries and Dan Goldman. J Street’s super PAC has also previously targeted individual candidates for their AIPAC endorsement, such as Rep. Haley Stevens in 2022, citing AIPAC’s donations from right-wing megadonors.

An AIPAC spokesperson wrote that it is “disappointing, but not surprising, that J Street continues to amplify lies about our community.”

“AIPAC members are focused on helping elect Democrats and Republicans who will strengthen the U.S.-Israel partnership, while J Street is focused on turning support for the Jewish state into a partisan political football,” said AIPAC’s spokesperson.

Ben-Ami said this year’s campaign is not about “the relationship between us and AIPAC,” but is rather about emboldening candidates who may otherwise worry that they will be up against AIPAC’s war chest.

“We are very conscious that there are many candidates who are afraid of what AIPAC might be able to do politically, and therefore adopt positions and say things about policy because they are afraid, and their fear and intimidation is holding them back,” Ben-Ami said.

Now, he said, J Street is putting “the shoe on the other foot.”

“If you are going to oppose American democracy and provide carte blanche to this Israeli government, then you need to be afraid,” he said.

This article originally appeared on JTA.org.

The post J Street goes on the offensive against AIPAC-backed candidates appeared first on The Forward.

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Germany’s far-right AfD, riding state win, targets more gains in elections from east to west

(JTA) — Germany’s far-right, riding high after winning an eastern state, seeks to capitalize on its momentum in a series of upcoming elections — starting with municipal voting this weekend, followed by two closely watched state contests.

The first test for the Alternative for Germany (AfD) party comes Sunday in municipal elections in the western state of Lower Saxony. A week later, the AfD has its sights on state elections in the capital, Berlin, and the Baltic coast state of Mecklenburg-Western Pomerania.

The AfD beat out other parties in Saxony-Anhalt on Sept. 6 with 43.8% of the vote and 39 of 83 state parliament seats, falling just short of a majority and marking Germany’s greatest far-right victory in a state election since World War II.

“From previous elections, we know that the AfD is currently able to mobilize almost totally its own constituency and potential voters, while its democratic competitors have much more problems,” said Gideon Botsch, the head of the Emil Julius Gumbel Research Unit on Antisemitism and Right-Wing Extremism at Potsdam University.

While polls do not predict the next state election results will match the historic win in Saxony-Anhalt, the AfD currently leads other parties in Mecklenburg-Western Pomerania with about 35% of the vote. And in Berlin, long a stronghold of Germany’s political left, the AfD is jockeying with the center-right Christian Democratic Union (CDU) and the left-wing Linke for first place, with all three polling around 20%.

The AfD, a nationalist, anti-immigrant party whose leaders have proposed rejecting Germany’s “guilt complex” over the Holocaust, has regularly topped nationwide opinion polls for the past year. In surveys asking Germans which party they would choose if federal elections were held “this Sunday,” the AfD often receives the highest results, Botsch told the Jewish Telegraphic Agency.

The AfD has built a dedicated and growing base, said Botsch. Its popularity signals frustration with the mainstream parties in power, particularly the CDU, Chancellor Friedrich Merz’s party, amid a sluggish economy. The AfD is especially popular in eastern Germany, where voters are poorer and hit hard by high energy prices exacerbated by the wars in Iran and Ukraine.

The AfD is likely to perform more weakly in the west, where Lower Saxony will hold a municipal election on Sunday. The party has stronger influence in the east, and Germany’s municipal elections tend to hinge more on well-known figures from established parties, said Roger Stöcker, a political scientist at Otto von Guericke University in Magdeburg. Still, even if the AfD doesn’t transform governments, Stöcker said that making inroads to further entrench itself in Lower Saxony would be “a strategically significant success.”

“It’s conceivable that the AfD wins a town hall or a county administration here and there or strengthens its presence in local councils, expanding its local base,” said Stöcker.

The three upcoming elections are being closely watched for signs of the AfD’s wider-scale momentum, said Daniel Schuster, who heads the Simon Wiesenthal Center’s European office.

“Taken together, these elections can help show whether Saxony-Anhalt was an exceptionally strong eastern result or part of a broader national expansion of the AfD’s electoral base,” said Schuster.

Remko Leemhuis, the director of the American Jewish Committee Berlin Lawrence and Lee Ramer Institute for German-Jewish Relations, added that residents will feel the effects of the AfD’s success even if it falls short of its victory in Saxony-Anhalt. A “very strong AfD result,” short of managing to enter government coalitions, would still “raise serious concerns” for Jewish residents about the party’s influence, said Leemhuis.

Residents in Saxony-Anhalt are waiting to see the ramifications of the AfD’s election victory. Without an outright majority, the party needs partners to join a coalition. Its nationalist agenda in the region includes teaching children less about Hitler, banning Pride flags in public buildings and requiring artists and cultural organizations to sign a declaration that they will not “disparage Germany and its culture” if they seek state funding.

State governments also control domestic policing and parts of the judiciary. The AfD could use its power in these areas to “put pressure on minorities it dislikes,” including immigrants, Muslims and Jews who are identified with Holocaust remembrance, said Stöcker. At the same time, the AfD could direct policing and intelligence away from right-wing extremism in Saxony-Anhalt, which recorded the second-highest number of right-wing extremist crimes per capita of Germany’s 16 states last year, Leemhuis said.

The AfD’s victory in Saxony-Anhalt marked a “watershed moment” in German politics, according to Roland Abold, the managing director of Infratest Dimap, a German election research institute. Abold said that the result heaped pressure on Merz and the federal government, as “calls for a change in political direction and a reassessment of cooperation with the AfD are likely to intensify.”

The CDU for now is standing behind Merz, the most unpopular chancellor in modern German history after 16 months in power. But if the CDU faces further heavy defeats in the upcoming elections, questions about Merz as the party’s leader could escalate, said Stöcker.

The AfD already has its eyes on his job. Alice Weidel, the national AfD’s co-chair, announced on Monday that she wants the party to win “at least 40% of the vote” in Germany’s next federal election in 2029.

Ulrich Siegmund, the AfD candidate in Saxony-Anhalt who hopes to become the state premier, said in the same press conference that his goal was “very clear.”

“As perhaps the next Minister-President of Saxony-Anhalt, I need a Federal Chancellor Alice Weidel here in Berlin, so that we can write here history side by side,” said Siegmund.

This article originally appeared on JTA.org.

The post Germany’s far-right AfD, riding state win, targets more gains in elections from east to west appeared first on The Forward.

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I was born after 9/11. I still carry the memories of that day.

Earlier this week, I was talking with my mother over the phone about her experience on 9/11. She walked me through the familiar parts — how she was in our Upper West Side apartment when she learned about the attacks from a relative, how she went to the garage to get the car so they could drive to a friend’s house upstate once she realized the attacks were acts of terror. There were still hijacked planes in the air, and she worried New York City might be targeted again. Then, she said, “This part is going to make me cry.”

I hadn’t remembered what came next, but suddenly it came back to me. “Oh no, me too,” I said.

While she waited for my father to come back uptown from his office in the Financial District, she stopped inside a fire station across from the garage. Inside was a lone firefighter, who’d stayed behind to man the station while the rest of his company was inside the towers. He was watching the news on television, and my mom stood next to him, watching too, when the towers fell.

“We just lost so many men,” he said.

I wasn’t there when it happened; I wasn’t even alive. But I’d heard this story before, I’d walked dozens of times past that same fire station, which now has a plaque commemorating the seven firefighters who died on 9/11. Hearing the story again on the phone, I found myself walking down the streets of Washington D.C., bawling.

I’m 23, born a year-and-a-half after 9/11. Most Americans my age learned about the attacks in school, as history. I’m part of the 16% who learned through family or friends.

The discovery happened by accident, when I was in kindergarten. My mom and I were in a children’s store on the Upper West Side, when we started flipping through a picture book about the history of New York City. Most of the book was unremarkable, but the end was unexpected: a scene of the smoldering twin towers.

I forget what exactly happened next, but here’s what I do remember: My mom was upset that the shop hadn’t provided a warning about the book’s end, and I was confused about why she was upset. I was five, too young to understand the image and never one to let a question go unanswered; I must have pestered her until she offered up an explanation.

The author, as a five-year-old. Photo by Sage Lattman

She hadn’t been prepared to tell me about terrorism. She’d been evading the topic for some time, telling half-truths to avoid it. When I’d ask her why we had to take our shoes off in line at the airport, she’d just say it was to make sure no one had anything dangerous, leaving out the part about how a man had tried to get on a flight with bombs hidden in his shoes.

“9/11 is a huge thing for a parent to have to tell a kid about,” my mom told me this week. “You were a happy kid, and I didn’t want you to get scared or traumatized.”

The events, and impacts, of that day slowly unfolded for me as the years passed. I learned that my father had watched from Battery Park as the South Tower fell; he ran westward as plumes of smoke billowed toward him. I learned that my parents had friends who’d died in the towers, one of whom was the father of a boy I grew up with. I remember going to the 9/11 Memorial and Museum when it opened in 2014, feeling sick as I watched footage of people jumping out of the towers.

The New York Times recently interviewed dozens of Gen Z Americans about 9/11. I was struck by how disconnected many felt from the event. “It’s hard to feel sad about something that you don’t remember,” said Annika Heegaard, a 25-year-old now living in New York.

But for me, 9/11 doesn’t feel quite so far away. By now I’ve lived through other mass casualty events, like the Parkland shooting and the Oct. 7 Hamas attacks. But 9/11 is the only tragedy that my family members had such a direct connection to. “It was devastating,” my mom said.

I think the reason I can remember the exact moment I found out about 9/11 is because it changed my view of the world. I remember being almost unable to comprehend that anyone would do what the hijackers did. I wasn’t, as my mom feared, traumatized by learning about the attacks; I didn’t fear for my safety each day. But the knowledge was in some ways a loss of innocence — a discovery that people could do awful things and that the world wasn’t as safe a place as I had assumed.

The post I was born after 9/11. I still carry the memories of that day. appeared first on The Forward.

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