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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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How Jesse Jackson changed his mind about Jews — and what Abe Foxman made of it
As Reverend Jesse Jackson navigated a tricky relationship with the Jewish community in the late 1980s and early 1990s, former ADL chief Abraham Foxman had a front-row seat.
“I was very critical of him publicly, with his meeting with Arafat, with Farrakhan,” Foxman told me in a phone call, referring to Jackson’s public meetings with PLO leader Yasser Arafat in 1979 and Nation of Islam Minister Louis Farrakhan in 1984. And “with ‘Hymietown’” — Jackson’s infamous reference to New York City using a slur for Jews during his ’84 presidential campaign.
But as Jackson changed in the face of Jewish uproar, so did Foxman’s criticism of him. In the late 1980s, when the Jewish Telegraphic Agency reported that Jackson had been taking pains to grow closer to the Jewish community, Foxman told them that “It is a different Jackson in 1988 than in 1984.”
“One has to recognize and welcome that certain sensitivity he is now showing,” he said.
Things still weren’t always rosy between the duo. In 1990, Foxman accused Jackson of using a prayer service for then-New York Mayor David Dinkins as an occasion to “attack Israel”; at the event, Jackson had said “the birthplace of Jesus the Christ is under occupation.” But still, the two leaders developed a cordial relationship over the years — so much so that Jackson spoke at a 2015 dinner marking Foxman’s retirement.
In a phone interview after Jackson’s death this week at age 84, Foxman held much the same line as he expressed in 1987. The following conversation has been edited for length and clarity.
What did you make of the arc of Jackson’s relationship with the Jewish community?
Look, we’re a strange people. We want people to love us. We want people to come around, and when they do, we don’t trust them, and we’re not always willing to accept people’s change of heart. Now, people would always say to me, you don’t know what’s in the kishkes. True. You don’t know. But it’s also very important what’s on the tongue.
He was a politician, and as a politician, he was smart. At least pragmatically, not only did he say the right things, but you know, he was the guy who couldn’t pass the synagogue without going in. He was available to the Jewish community. He stood up on Soviet Jewry, on Iranian Jewry, on Syrian Jewry, on Ethiopian Jewry. He couldn’t miss a minyan.
He was there for us, which was very important. Because in the struggle to get freedom for Jews in all these places, we needed more than just the Jewish community.
What lessons do you think we as a community should take from his turnaround?
We have to learn that people can change their minds and hearts. I think Jesse Jackson is a great example for us, having gone from “Hymietown” to Arafat, when Arafat was really a terrorist, and to Farrakhan, who was probably the most significant antisemite all these years. If people can understand that they can come around from being a bigot, then I think it serves us. It serves them. It serves the community.
What was your personal relationship like?
Basically, when we needed him, I would pick up the phone and say, “Listen, can you be at such and such a rally on behalf of Soviet Jewry,” or “we need you to reach out to the president of Syria.” He said to me, “Abe, if you need me, call me.” And so when I felt we needed him, I called him. And there were no excuses. He said, “I’ll look on my calendar, if I can be there, I’ll be there.” And most of the time, he was there.
What would you say to people who are still skeptical about whether he really did change his perspective on Jews?
We’ll never know. The fact is, he was a symbol. People would ask me, “well, how do you know what he really feels?” And I’d answer, “I don’t know.” I don’t know what a lot of people think, you know, especially when they’re politicians, but it’s important that they’re on your side.
We live now in a time where there’s no civility. There’s no truth. If you get people to be civil to each other, to respect each other, to stand with each other, we’re ahead.
I think these are tougher times to get people to change their minds and hearts, because we don’t talk to each other. But we shouldn’t hesitate to reach out if we think there is a chance to change people’s hearts and minds.
The post How Jesse Jackson changed his mind about Jews — and what Abe Foxman made of it appeared first on The Forward.
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The dark message behind Tucker Carlson’s attempt to drum up drama in Israel
Tucker Carlson’s visit to Israel lasted only a few hours — not long enough to experience the country, but sufficient to stage a performance.
Carlson claimed he had experienced “bizarre” treatment at Ben Gurion Airport, a description that Israeli and U.S. officials dismissed. What actually happened: He underwent routine security questioning on his way to interview United States Ambassador Mike Huckabee.
In Israel, Carlson’s outrage was widely received with a mixture of indifference and eye-rolling. But Israelis with their ears to the ground understood that his attempt to stir the pot means they have a problem brewing in American public opinion — and a more immediate problem with public relations.
Because Carlson’s airport drama was never about Israeli airport procedures. It was about American politics, an arena in which Carlson has built a lucrative post-Fox career selling a particular worldview: one suspicious of alliances, contemptuous toward interventionism, and invested in the conspiratorial belief that shadowy forces distort American sovereignty.
Israel, in this rhetorical universe, functions as a convenient prop in a broader narrative of elite manipulation and national victimhood.
Carlson and Huckabee, the man he traveled across the world to interview, now personify two increasingly incompatible strains of MAGA politics. Huckabee represents something recognizable to mainstream conservatives: he’s traditionalist, evangelical, instinctively pro-Israel and broadly aligned with America’s historical posture as a global power.
Carlson speaks, instead, to a newer faction defined by nationalist retrenchment, hostility to foreign entanglements, and an often startling indifference to liberal democratic norms. He has been scathingly critical of U.S. support for Israel in its war with Hamas and has backed far-right conspiracy theories about whites being “replaced” by people of color. And when he attacks evangelicals like Huckabee for supporting Israel too much, there is extra value in the antisemitic dog whistle for the white supremacists with whom he is popular.
Call it deep MAGA: a coalition that regards alliances as burdens, admires strongmen — including and especially Vladimir Putin — and deeply disdains anyone who cares about democratic values and their promotion around the world. This large and growing constituency within American conservatism is eager for narratives that recast foreign policy debates as struggles against manipulation rather than disagreements over strategy. And Israel fits neatly into that story.
Carlson’s brief airport encounter was therefore not a journalistic episode, but content generation. The grievance was the product.
Nothing about the incident requires serious factual dispute to achieve its purpose. Its value lies in symbolism, not accuracy. Whether Carlson genuinely subscribes to every element of this worldview is, at this point, almost irrelevant. His extraordinary success after leaving Fox News suggests he understands his audience perfectly. He is not drifting toward obscurity by embracing this kind of stunt; he is responding to market demand.
In doing so, he is illustrating a story about a Republican Party negotiating an identity crisis.
President Donald Trump, widely seen in Israel as a huge friend, is not a reliable ally. If the wing behind Carlson becomes clearly stronger than that behind Huckabee, there’s no telling whether he would hew to their demands. His loyalties are famously contingent, and he has shown little hesitation in entertaining figures once considered radioactive within mainstream Republican politics.
In a movement defined by power, primacy will belong not to the most coherent worldview but to the most electorally useful one.
For Israel, the implications are uncomfortable. The country has long relied on the assumption that American support is both durable and bipartisan. Prime Minister Benjamin Netanyahu badly upset that applecart by so clearly aligning himself with the Republican Party at large, and Trump specifically.
In growing sections of the progressive left, Israel is framed as a colonial antagonist, and Israel’s support on the Democratic side of the public is in free-fall. On parts of the populist right, it is cast as an entangling liability or worse. The political center sustaining the relationship is shrinking.
Carlson did not invent this shift. But he is capitalizing on it. Netanyahu’s outrageous behavior — including his alignment with the fascist underbelly of Israeli politics and ennabling of the ultra-Orthodox establishment — is causing a rift with U.S. Jews, and giving pundits like Carlson tailwind.
If a media entrepreneur of Carlson’s sophistication believes there is a vast audience for rhetoric that treats Israel as suspect, burdensome, or undeserving of American backing, Israeli policymakers would be unwise to dismiss the signal.
Carlson’s Ben Gurion theatrics were undeniably entertaining. What they reveal about the trajectory of American politics — and Israel’s place within it — is rather less amusing.
The post The dark message behind Tucker Carlson’s attempt to drum up drama in Israel appeared first on The Forward.
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Rediscovering the ‘Dybbuk’ composer Henokh Kon
When the 1936 Polish Yiddish feature Al Khet (I Have Sinned) screened at the New York Jewish Film Festival last month after a decades-long restoration process, seeing the film was cause for celebration.
Hearing the soundtrack was my greatest joy. It was scored by one of my favorite Yiddish composers, Henokh Kon, who created the music for the 1937 film classic The Dybbuk. In his heyday between the world wars, Kon was already renowned as a prolific creator of catchy songs and sophisticated multi-genre instrumental repertoire, even years before his first film commissions.
My ears perk up for Kon’s distinctive, eclectic sound textures (as well as ingenious folk-stylized song repertoire) — from the iconic dance sequences of The Dybbuk, to angst-driven passages in the Bundist quasi-documentary Mir Kumen On (called Children Must Laugh in English), to darkly ironic background cues for the low-budget Freylekhe Kabtsonim (Jolly Paupers).
I heard a signature sonic palette: Brightly dissonant chords, off-kilter rhythmic patterns on moody drums, frantic flurries of plucked violins, haunting exotic double-reed instrumental leads (played by the oboe’s English horn cousin, or by bassoon) alternating with more klezmer-standard clarinet, flute or fiddle.
Kon soundtracks often juxtapose traditional Jewish modal scales with more angular chromatic passages. An opening scene in Al Khet features a lovely subdued range of his orchestration punctuated by a triangle chiming downbeats as though to clarify the air during a montage of shtetl vistas. Later in the film, Kon crafts a vibrant, sultry tune for Ruth Turkow (the real-life daughter of actor-directors Zygmund Turkow and Ida Kaminska) to sing from her parlor keyboard: “Zing zhe mir a lidele” (“Sing me a little song”) with a tango lilt.
I admire Kon the alchemist, infusing Hasidic melodies with both modernist expressionism and baroque techniques, as well as Kon the entertainer, gifted at popular singable hits. (He also set “Yosl Ber” — a humorous song about a Jewish soldier — and even led a jazz band for a secular New Year’s Eve Jewish ball.)
Kon was equally in demand for dramatic and satirical stage projects in an ever-shifting constellation of visionary writers, artists, production teams and performers that propelled Yiddish cultural movements of the 1920’s and ’30s.
Like many artists involved in interwar Jewish Poland’s kleynkunst (cabaret-style entertainment) and experimental performance scenes, Kon had himself grown up “between two worlds” (which, by the way, was the original title of the Dybbuk author An-sky’s groundbreaking play). Born in 1890 into a religious household in the Polish industrial city of Lodz, Kon was sent at age 12 to live with his grandfather, a rabbi in Kutno, since his family hoped the boy would become a yeshiva scholar.
Instead, intrigued by listening to klezmer musicians and badkhns (wedding entertainers), Kon followed a more creative path, and was sent as a teenager to Berlin to study at a royal music academy for several years. But homesickness for his Jewish roots led him back to Poland.
Arriving in Warsaw in 1912, he found creative encouragement and connections through the literary salons hosted by the classic Yiddish writer Y.L. Peretz and the Yiddish playwright and actress Tea Arciszewska. Peretz insisted that Kon compose settings for his poetry, and later Kon scored the premiere of Peretz’s groundbreaking expressionist stage play A Night in the Old Market.
In the cultural upheaval and ferment following WWI, Kon garnered various commissions from the Vilna Troupe, but more regularly partnered with the charismatic writer and impresario Moishe Broderzon for a series of collectivist performance projects, often with a leftist political edge.
All these productions used titles referring to radically reimagined Jewish culture. Their popular 1922 puppet parody company “Khad Gadye” — a Passover reference — was followed in 1924 by their ambitious yet low-budget, biblically-based modernist opera Bas-Sheve (Bathsheba, King David’s lover and future wife). When a lead singer fell ill, Kon sang his bass part from behind the piano.

Two visionary variety-show format “revue” theater collaborations by Broderzon and Kon came next. The first collaboration was the mid/late 1920’s variety theater collective Azazel (Scapegoat), famously rhyming with shlimazel which you hear in Broderzon and Kon’s “Azazel Shimmy” — a song that all of Jewish Warsaw used to hum. The Yiddish actress and playwright “Totshe” Arciszewska, whom Kon knew before WWI, was another key player in this group.
Broderzon next established the theater collective Ararat, the acronym for the Artistic Revolutionary Revue Theater, but also referring to Mt. Ararat, the place where Noah’s ark landed after the flood, signifying a fresh start.
Through the legendary 1930’s Ararat kleynkunst ensemble, Kon became well-acquainted with several cultural figures he would also soon write for in celluloid format. Dzigan and Schumacher, the comedy duo, first known to Polish-Yiddish audiences through live shows with Ararat, played supporting roles in the film Al Khet, adding humor to the screen melodrama.
The following year the pair starred in Freyklekhe Kabtsonim, scripted by Broderzon, the same guy who had discovered them.
Most significantly for Kon himself, the dancer Judyta [Judith] Berg joined Ararat. Kon encouraged her choreographic innovations, accompanying her solo dance concerts and using his established celebrity to draw elite Warsaw audiences for her in 1934. By the time the prestigious cinematic version of The Dybbuk was cast, Berg was not only recruited as choreographer, she also performed in white skull mask and tallis for the toytn-tants (Dance of Death) accompanied by Kon’s evocative music, the indelible Dybbuk scene for which she and Kon are best known. Kon and Berg became a romantic couple as well, though it’s not clear whether they ever married.
Like Kon, Berg had grown up influenced by Hasidic culture around her and then studied in Germany. At various Jewish celebrations, her grandmother led women’s dancing and told Judith about older traditional dance forms like the toytn-tants, while her brother would hold open the door so she could watch the men’s group dancing.
Later Berg went to Dresden, Germany, for intensive classes with modern dance pioneer Mary Wigman. (During the rise of Hitler, Judith and other Jewish dance students left Wigman’s school and Germany altogether.) In the late 1930’s, she and Kon escaped the Nazis separately, but Berg’s niece Yvette Metral told me she recalled seeing Kon once in 1948-49 when he came to visit her aunt at the dance school Berg established for Jewish survivor children in Wroclaw.
Kon’s legacy is being rediscovered in numerous recent cultural explorations. “Bas-Sheve,” the opera he wrote with Broderzon, was performed in 2019 at Yiddish Summer Weimar, based on a rediscovered partial piano score, with major arranging and re-imagining by klezmer performer Josh Horowitz and added libretto portions devised by the writer and Yiddish translator Michael Wex. This piece will soon be performed again by the UCLA Symphony.
Also in recent years, much research and revival effort has focused on two works that Kon composed for the avant garde leftist theater troupe Yung teater, both based on landmark American trials which galvanized political movements. One composition, called “Boston,” is about Sacco & Vanzetti, and the other, “Mississippi,” is about the Scottsboro Boys. Small wonder that a quote from the leftist anthem “Internationale” found its way into Kon’s score for Mir Kumen On (the Bundist film already under threat by Polish censors).
Last December brought us the diasporic Yiddish puppet show The Trial of Modicut, directed by Yael Horowitz, who gave a conference presentation on Kon, Broderzon and their Azazel Shimmy in 2025. Splendid music for the Modicut show was performed by the duo of Raffi Boden (cello/music director) and Ira Temple (accordion), which at one point featured a gorgeous adaptation of one of Kon’s most recognizable orchestrated Dybbuk motifs, graced by a fluffy puppet sheep.
While my musician friends who took part in the puppet show seemed unaware of the composer’s name, the spirit of his creation lives on in their fusion of conservatory training, deep klezmer chops, respect for cultural ancestors and antic humor aimed at serving the creative proletariat.
Eve Sicular is a cinema scholar, co-curator of the Yiddish New York Film Festival and a former curator of film & photo archives at YIVO Institute. She is also the drummer/bandleader for Metropolitan Klezmer & Isle of Klezbos whose latest album is “Yiddish Silver Screen.”
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