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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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AIPAC-backed Wesley Bell defeats Cori Bush in Missouri Democratic primary
(JTA) — Missouri incumbent Rep. Wesley Bell registered a resounding victory in Tuesday’s Democratic primary against Cori Bush, a prominent Democratic socialist and ardent critic of Israel.
The Associated Press called the race just an hour after polls closed, at 8:02pm local time. By the time 99% of the vote was counted, Bell had garnered 59.2% to Bush’s 36.9%.
The primary is a déjà vu moment for St. Louis. The same pair of candidates vied just two years ago to represent the state’s 1st Congressional District.
Bell prevailed in 2024 to oust Bush in a clash that was largely defined by a $9 million influx of AIPAC cash in support of Bell. In this rematch, Bush made the American Israel Public Affairs Committee a central issue in her campaign, similar to other Democratic Socialists of America candidates.
“AIPAC has become yet another way for MAGA-donors to divide the Democratic base by meddling in primaries,” Bush told JTA in a written statement prior to the primary. “In St. Louis and across the country, people know that our fight against antisemitism means fighting against the far-right’s effort to divide us.”
Federal Election Commission records show that this time around, AIPAC has invested far less in the race. Through its United Democracy Project super PAC, the pro-Israel lobby has spent in the neighborhood of $3 million on the rematch, with the vast majority targeted at opposing Bush.
In response to Bell’s decisive win on Tuesday, AIPAC posted its congratulations on X: “Our community was proud to support a strong, principled Democratic leader,” the lobby stated.
The Washington, D.C.-based Jewish Democratic Council of America, which had mobilized networks of voters to make phone calls in support of Bell, added their congratulations to the congressman following his victory.
“Rep. Bell is a leader in taking on Trump’s corruption,” the group posted on X. “We look forward to seeing him continue to fight for our Jewish and Democratic values.”
Aside from their conflicting perspectives on Israel, Bell and Bush have much in common. Born in Missouri in the mid-1970s, they are both Black progressive Democrats who entered politics after the 2014 police shooting of Michael Brown in the city of Ferguson.
Amid protests across Ferguson for police reforms, Bell won a seat on the city council and focused on passing such changes. He went on to become St. Louis County prosecutor in 2018, defeating a 27-year incumbent who had failed to prosecute the officer who had killed Brown.
Bush, meanwhile, became involved in politics by participating in the Ferguson protests. She lost Democratic primaries for the U.S. Senate and House in 2016 and 2018, but then won congressional races in 2020 and 2022. In 2024, however, she lost to Bell by more than 5 percentage points.
The candidates have similar stances on most political issues, prioritizing concerns like reproductive rights, gun violence prevention and the dismantling of Immigration and Customs Enforcement, as well as lowering costs of housing, utilities, healthcare and prescriptions. But they have sharp differences when it comes to Israel, with Bush’s campaign pledging to “stand for justice in Palestine.” Bell, in contrast, has stood steadfast in his support of Israel.
The post AIPAC-backed Wesley Bell defeats Cori Bush in Missouri Democratic primary appeared first on The Forward.
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William Lawrence, El-Sayed-aligned progressive, takes Democratic House nomination in Michigan battleground race
(JTA) — An outspoken pro-Palestinian progressive who campaigned with Michigan Senate candidate Abdul El-Sayed bested two establishment-backed picks in a Democratic House primary for a battleground district in the state on Tuesday.
William Lawrence, a co-founder of the climate advocacy group Sunrise Movement, took the Democratic nomination in the state’s 7th District, with the Associated Press calling the race for him Tuesday night. With 58% of the vote in, Lawrence had around 43% of the tally in the three-way race.
His opponents Bridget Brink, a former U.S. ambassador to Ukraine, and former Navy SEAL Matt Maasdam, two centrist candidates who boasted military and foreign policy backgrounds, effectively split the establishment vote and opened a lane for the progressive.
“I couldn’t be prouder of the movement we’ve built in mid-Michigan,” Lawrence wrote on social media after the race was called. “We’re building a movement made up of real Michiganders across political divides, not DC consultants.”
At the time the AP called the race for Lawrence, another House candidate backed by El-Sayed, state Rep. Donavan McKinney, was awaiting results in his challenge to the incumbent in Michigan’s 13th District.
As with several other victorious Democratic House candidates this primary cycle, Lawrence made pro-Palestinian advocacy a central plank of his campaign. He was the only Democrat in his race to accuse Israel of genocide, and at his rally with El-Sayed in Lansing, the candidate had called for America to “stop arming Israel.”
Lawrence, whose campaign also tapped into growing public anger over data centers, will face Republican incumbent Rep. Tom Barrett in November.
Lawrence’s victory marked one area where party leadership will be pressured to support pro-Palestinian progressives if it hopes to retake Congress in November. Democrats have eyed the district, which was held by centrist Jewish Democrat Sen. Elissa Slotkin before Barrett, as a top target for flipping. Slotkin had endorsed Maasdam in the race’s homestretch while staying out of the Senate race.
It won’t be easy to line the party up behind Lawrence. He had been condemned by the Congressional Black Caucus during his campaign over resurfaced podcast comments in which he said Black Democratic leaders “defang the white left” — comments he later explained as having been prompted by his anger over Israel’s war in Gaza. Centrist House Democrats have questioned his ability to win in November.
But his campaign told the Jewish Telegraphic Agency in a statement ahead of primary day that they were confident his focus on “ending military support to human rights abusers and bringing that money home to fund good jobs, housing, and healthcare here at home” would play well across party lines.
The post William Lawrence, El-Sayed-aligned progressive, takes Democratic House nomination in Michigan battleground race appeared first on The Forward.
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Michigan Democrats await Senate winner in party’s biggest test yet on Israel
The Democratic primary for the open Senate seat in Michigan appeared too close to call Tuesday night, with Dr. Abdul El-Sayed and Rep. Haley Stevens locked in a tight race that had become a proxy fight over the Gaza war and a referendum on Israel supporters’ influence in Democratic politics.
According to unofficial results, El-Sayed, a physician and the son of Egyptian immigrants, held a narrow lead over opponent Rep. Haley Stevens, the establishment favorite — 49.9% vs. 46.3% — with 65% of the vote counted for the seat being vacated by Sen. Gary Peters.
The Michigan contest is AIPAC’s largest investment this election cycle. Its super PAC, United Democracy Project, spent more than $30 million on ads attacking El-Sayed and promoting Stevens, according to recent FEC filings. AIPAC also raised several million dollars for Stevens’ own campaign through its donors’ portal.
If El-Sayed prevails, it would deliver a blow to the establishment and to the U.S.-Israel fundraising group, AIPAC, its biggest setback since it started its direct political spending in 2021 and after years of helping defeat progressive critics of Israel who challenged congressional incumbents. The brand has become increasingly controversial among Democratic voters in the wake of the Gaza war. Congressional candidates, including some Jewish Democrats, have promised not to take contributions from AIPAC.
Supporters of El-Sayed remained optimistic that the candidate’s upset victory would be proof positive that the future of the Democratic Party lies in candidates who support cutting off U.S. aid to Israel and characterize Israel’s conduct in Gaza as genocide.
Sen. Bernie Sanders of Vermont, the progressive insurgent’s most prominent backer, said on CNN the race reflected a broader shift in Democratic politics. “What we are seeing, no matter what happens tonight in Michigan — and I hope very much that El-Sayed wins — is: you’re seeing the transformation of the Democratic Party, and what the debate within the Democratic Party is about,” he said. Sanders added that the campaign showed that progressive candidates are challenging the party establishment not only on ideology, but also on how campaigns are run.
Winning the primary may be the easier test. Michigan remains one of the nation’s top battleground states, and a close finish would suggest ongoing divisions within the Democratic coalition. El-Sayed will have to carry moderate Democrats who backed Stevens, while taking on former Republican Rep. Mike Rogers in a race that could help determine control of the Senate. Recent polls found Rogers leading El-Sayed by single digits.
How we got here
The Michigan race became a culmination of several political currents that have been building for years.
It reflected lingering anger among Americans over the Gaza war, Democratic criticism of Prime Minister Benjamin Netanyahu, frustration among progressives over AIPAC’s support for some Republicans who challenged the 2020 election results, and the growing influence of the Democratic Socialists of America, accelerated by the political rise of Zohran Mamdani in the New York City mayoral race last year.
Michigan, home to one of the country’s largest Arab-American communities and the birthplace of the “uncommitted” movement to protest the Biden administration’s handling of the Gaza war in the 2024 presidential primary, made it a natural testing ground for progressive forces.
El-Sayed highlighted the Gaza war and AIPAC’s involvement in Democratic primaries when he launched his campaign in April 2025 — months before AIPAC spent a dollar. He advocated for ending unconditional military aid to Israel and framed his candidacy as a fight against outside influence. Notably, El-Sayed supported the “uncommitted” movement, though he later endorsed Kamala Harris after Biden dropped out.
According to data compiled by Milan Singh, a fellow at The Argument, a liberal opinion-focused media publication, insurgent progressive candidates for Congress mentioned Israel in 48% of their fundraising emails.
With most major primaries already decided, this race became the biggest Democratic showdown yet over Israel.
Jewish divide
Jewish voters make up just 1.4% of the electorate in Michigan. But the community had become deeply invested in the race — with Jews both in fierce opposition to El-Sayed and fiery support.
For many Jews, El-Sayed’s questioning of whether Israel should exist as a Jewish state and his decision to campaign alongside controversial Twitch streamer Hasan Piker, who has been accused of antisemitic rhetoric, were cause for alarm. El-Sayed also came under fire for calling the Israeli government “evil” like Hamas.
Rep. Hillary Scholten, a second-term Michigan Democrat, said on CNN Tuesday night that El-Sayed reinforced concerns some voters had about him by campaigning again with Piker in the final days before the primary. “Elections are about choices,” she said. “What is the message that you want to send to your voters?”
At the same time, El-Sayed courted Jewish voters. He attended a Passover seder at Congregation T’chiyah, a progressive Reconstructionist synagogue outside Detroit. Many of its congregants volunteered for El-Sayed’s campaign with a group dubbed “Jews for Abdul.”
Jewish former Michigan congressman Andy Levin — who lost his House election against Stevens in 2022 after AIPAC poured millions into defeating him — endorsed El-Sayed.
In the final days of the campaign, Stevens had sharpened her concerns about El-Sayed, accusing him of blaming “all of your problems on Jewish Americans.”
El-Sayed rejected accusations of antisemitism and argued that his critics conflate the Israeli government with the Jewish people.
“I love and revere Judaism and the Jewish people,” he said.
The post Michigan Democrats await Senate winner in party’s biggest test yet on Israel appeared first on The Forward.
