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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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I’m an empathetic Zionist. But it’s time for all of us to stop counting our dead.
There are, and always have been, several types of Zionism, as Rabbi Angela Buchdahl’s Yom Kippur sermon reminded me. I first had to declare the type of Zionist I am in 1994 at a meeting at the Leo Baeck Temple in Los Angeles that brought together Arabs and Jews to create a speakers’ bureau that would advocate for Middle East peace at synagogues, churches and mosques in southern California.
Approximately 20 people gathered in a small room and a moderator asked each of us to speak briefly about what brought us to the meeting. One by one as the people in the room spoke, they listed the atrocities both Jews and Palestinian Arabs had suffered, including the Holocaust, the Nakhba, the mutual massacres that had taken place in British Palestine before 1948, the suicide bombings and the destruction of Palestinian homes. When it was my turn to speak, I began, “I am a Zionist.”
My Zionism was anchored in 20 years of conducting archaeological excavations in Israel, and a 1986 trip to the Soviet Union to help Jews emigrate to Israel, during which I was arrested three times by the KGB. I was an American, but an active Zionist.
I continued, “But it is time for all of us to stop counting our dead. Jews and Arabs both have enough suffering to go around. We don’t need to justify ourselves to each other by enumerating the terrible losses we have experienced. Let’s focus our attention on understanding and making peace with one another.”
My words had an impact. We moved forward to plan the bureau. I was paired with a leader of the Palestinian community in LA who looked like he could be my older brother. We spoke at universities, synagogues and churches for two years, at a time when the promise of peace was bolstered by the Oslo Accords. But when Benjamin Netanyahu was elected Prime Minister in 1996, I felt I was no longer speaking about an Israeli government that shared my aspirations, and that phase of my life ended.
Today, in the post Oct. 7 world, I feel like I am sitting in that same meeting room, only it encompasses way more than 20 people. Often, when I hear or read about the present Palestinian-Israeli conflict, I hear about the 1,200 people killed on Oct. 7, and the tens of thousands killed thereafter. The death of every child is tallied and the sufferings of every hostage recalled. We can do better.
I am an empathetic Zionist. I support the Jewish state of Israel, and I also feel empathy for its victims. My definition of empathy bridges radical differences between individuals and forces a person to look through another person’s eyes. Sympathy allows one to feel the pain of someone closely related; empathy allows one to understand a thoroughly different person. As a Jew, I sympathize with the Oct. 7 victims, the hostages and their families; but I also empathize with the Palestinians who have suffered and died in the aftermath of the Oct. 7 Hamas attack.
I believe today, as I did in 1994, that the first step toward empathy is a cease fire, not only on the battlefield, but on the frontlines of the constant bickering about who has suffered more. After almost 100 years, the time has come to empathize with the victims instead of counting them.
And we should begin with the children. A child’s suffering can change minds, whether the trauma is witnessed firsthand or through a photograph or a written description. Who in my generation can forget the 1972 picture of the Vietnamese “napalm girl,” nine-year-old Phan Thi Kim Phuc running naked and screaming after a South Vietnamese napalm attack on her village severely burned her back? The Pulitzer Prize-winning photo influenced public opinion and the anti-war movement. As Anne Frank had triggered worldwide empathy for Holocaust victims, Kim Phuc made the Vietnam war seem insupportable.
Who today are the children who can teach us about Gaza? I would choose three: Ariel and Kfir Bibas, four years old and nine months old respectively, and five-year-old Hind Rajab.
Kfir and Ariel Bibas were kidnapped along with their mother Shiri from Kibbutz Nir Oz on Oct. 7 and murdered in captivity; their bodies were returned to Israel on February 20, 2025.
Hind Rajab was five years old when she and her uncle, aunt and three cousins left Gaza City by car. Israeli shelling killed all in the car except Hind and her cousin, 15-year-old Layan Hamadeh. Layan telephoned the Palestine Red Crescent Society and was heard pleading for help and screaming as she was shot. Hind, still alive, stayed on the telephone for three hours. She died from IDF gunfire, and when the Red Crescent workers finally arrived, they too were killed.
Who are the adults today who can teach us to empathize with those children? I would choose two: Noam Chayut and Aziz Abu Sarah.
Noam Chayut was an Israeli soldier patrolling the West Bank. In his memoir, The Girl Who Stole my Holocaust: A Memoir, written in 2007, he describes an encounter with a 10-year-old “scrawny” Palestinian girl wearing “light colored clothes.” On the outskirts of a village there were children playing, she among them. With no particular intent, Noam approached and smiled at her, but she did not smile back. She was terrified, frozen for a second, which allowed Noam to look into her eyes. Then she ran away. But what he saw in her eyes was himself. He saw the soldier, the occupier and he saw someone else, someone evil. He did not see himself as evil, but she did. He empathized with her terror, and it changed his life.
As a young Palestinian man, in 1998, Aziz Abu Sarah visited Yad VaShem with trepidation. He felt if he “empathized with the enemy it would be a betrayal of his own pain,” he wrote in The Future is Peace. But he went anyway, and after he arrived at the underground chamber memorializing the death of one and a half million Jewish children he “walked out of the museum a different person.”
Both Noam and Aziz looked at children they were taught to regard as enemies. And the adversaries who populated their world became human. It is imperative that the deaths of Hind Rajab, Ariel and Kfir Bibas teach us about the trauma of our perceived foes. If we cannot empathize with them and their families, I doubt that Israelis and Palestinians can come to any understanding.
I recognize the very problematic long term political and structural problems inherent in the Israeli-Palestinian conflict. But how will we ever learn how the other side thinks and feels if we do not try to understand each other’s pain? Seeking mutual empathy can be the beginning of a path to a new and peaceful community.
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Let my people grow: Jewish online cannabis retailer braces for new federal law to take effect
For the past several years, Jewish cannabis company Tokin’ Jew has offered a little something to take the edge off just about every Jewish occasion.
High Holidays have you feeling stressed? Try “High, Honey,” the company’s THC-infused honey stick. Passover Seder dragging on a little too long? An edible called “4 Cups,” the first officially certified kosher-for-Passover THC gummy, will help get you through it.
Now the company that brought the world cannabis-infused chocolate Hanukkah gelt and THC-laced hamantaschen is facing a decidedly less festive future. In a couple months, the products responsible for the majority of its business will no longer be legal due to a change in federal law.
And it’s not just Tokin’ Jew. The new restrictions, set to take effect in December, threaten to upend a multibillion dollar e-commerce industry that has flourished for nearly a decade.
For co-founders Ben Kraim and Will Cohen, who have spent years building a business around the unlikely intersection of Judaism and cannabis, the change threatens to undo much of their lives’ work.
“It’s not easy being a Jewish weed brand, Kraim told the Forward. “Our brand is incredibly niche, so the prospect of losing access to the customer base we worked hard to build up is especially upsetting.”
What began as a humble meme account has grown into a thriving online operation, selling everything from novelty Judaica gifts and smoking accessories to kosher-certified edibles with clever names like “Apple of My Chai” and “Guava Nagila.”
The company has also cultivated a devoted community, bringing together observant and secular Jews, along with cannabis enthusiasts of all backgrounds, through a shared appreciation for Jewish humor and high-quality kush.
Now, Tokin’ Jew Flower, the division of their company, which Kraim said accounts for approximately 60 to 70 percent of sales, faces an uncertain future.
The legal foundations for Tokin’ Jew dates back to the 2018 Farm Bill, which legalized products containing no more than 0.3 percent delta-9 THC by dry weight. That provision created an opening for companies to manufacture and ship hemp and hemp-derived products, including THC gummies, across certain state lines without needing to abide by the state-by-state licensing systems governing recreational marijuana use.
A booming industry followed. But Kraim acknowledges that the relatively lax federal regulations created opportunities for “bad actors” to sell questionable products.
“I think everybody in this industry knew things were a little too good to be true,” he said.
What he and many others expected, however, was tighter rules, not the effective elimination of their business model.
“We all thought eventually the federal government was going to create more regulation in this space,” he said, adding that he would have welcomed stronger oversight.
“We like to joke that it’s our Jewish guilt that keeps us from selling a subquality product. But we absolutely support stricter regulation – something that would have been entirely feasible.”
Instead, another provision tucked into the federal spending bill signed by President Trump in November 2025 dramatically narrowed the definition of legal hemp. Under the new rules, finished products containing more than 0.4 milligrams per container of total THC and similarly intoxicating cannabinoids will no longer qualify as federally legal hemp.
The restrictions were originally scheduled to go into effect November 2026, but Congress granted a brief extension that pushed the deadline back to December 11.
According to Kraim, it is not only companies like theirs that will be affected. Growers, manufacturers, packaging businesses and warehouses may have to shut down altogether.
“These are people’s entire livelihoods that they now have to just set ablaze,” Kraim said.
“At least we have this brand that can take many shapes and can live on in so many other ways,” he said. “But if you’re a hemp farmer, you are in big trouble.”
The news comes just as Tokin’ Jew has been experiencing explosive growth. According to Kraim, the company now has approximately 250,000 followers across social media platforms, with its Instagram content reaching between 18 million and 22 million people monthly. Orders have roughly tripled over the past year.
But the founders’ relationship with their customers goes beyond sales.
From the beginning, Kraim, who was raised modern Orthodox, and Cohen, who was raised in a Reform community, viewed their company as a way to connect Jews to their identity through humor, particularly those who may feel alienated from more traditional expressions of Judaism.
That same sense of community was on full display when they announced the impending restrictions.
“We were flooded with comments and DMs and emails,” Kraim said, describing messages of sympathy, appreciation and personal testimonials about the company’s products.
What struck him most were the offers of assistance.
“We got tons of messages from people willing to offer a hand,” he said. “‘How can I help? My uncle owns a dispensary. Let’s protest.’ People just coming in hot, trying to help in any way that they can, which is just so beautiful and so Jewish.”
Others began stocking up, taking advantage of the products’ long shelf lives. The company is even considering producing its popular kosher-for-Passover gummies early so customers can buy them before the ban takes effect.
For customers who rely on the products for more than recreation, but relief, Kraim worries about what will happen when home delivery is no longer an option.
He described phoning one of their biggest customers only to discover an elderly Jewish woman on the other end of the line. She told the team how much she relied on their products and how convenient home delivery was, particularly because multiple ailments and limited mobility made it difficult for her to get to a dispensary.
“We were tearing up by the end of the call,” Kraim recalled.
Gabrielle G, a Tokin’ Jew customer since 2024, who declined to give her last name, called the news “truly devastating for the Jewish stoner community.”
“Their Advent calendars were a highlight of my Jewish holidays,” she told the Forward. “I hope they find a solution because TJ feels like family.”
Regardless, TokinJew.com will continue selling accessories, apparel, home goods and Judaica, with plans to expand its offerings.
They’re also planning a gradual move into licensed dispensaries, beginning in New York and eventually New Jersey. But that involves developing separate production, distribution and regulatory requirements for each state, a daunting prospect for a company that spent years developing its national online operation.
“But us Jews are the masters of the pivot,” he pointed out. “We historically have troubles thrown our way, and we always have to figure out our next step.”
For a company whose product line is largely inspired by the Jewish calendar, the date of the new bill feels particularly poignant: The new restrictions are scheduled to take effect on December 11, the evening Jews around the world light the eighth and final Hanukkah candle, commemorating the miracle of a single day’s supply of oil burning for eight.
“We have our plan A, B and C,” Kraim said. “One of which is praying for a Hanukkah miracle.”
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Trump antisemitism official to visit Michigan synagogue weeks before midterms, backed by ZOA
(JTA) — DETROIT – The Trump administration’s antisemitism czar will speak to a Michigan synagogue on Wednesday for a Justice Department event that also doubles as a fundraiser for the state’s chapter of the Zionist Organization of America.
Leo Terrell, who chairs the administration’s Task Force to Combat Antisemitism, is attending on behalf of the department. The Justice Department touted the event on its website with a link to a ZOA registration page that solicits donations to become an event co-sponsor.
Federal ethics regulations restrict fundraising by government employees and prohibit the use of government property for unauthorized purposes, though they allow authorized official fundraising and certain official speeches at fundraising events.
Terrell is visiting Congregation Shaarey Zedek in Southfield, a Detroit suburb; the synagogue is also listed as a co-sponsor. Other co-sponsors include a local Jewish high school, Mothers Against College Antisemitism and pro-Israel advocacy groups.
It comes weeks before the midterm elections, in which rhetoric on Israel and Jewish safety from the state’s Democratic Senate candidate Abdul El-Sayed has put local Jews on edge.
The Justice Department is billing the event as the first stop on Terrell’s “American Tour Against Hate,” adding, “All faiths and backgrounds welcome.” Terrell will be in conversation with Mort Klein, national head of ZOA, a usual stalwart Trump supporter who has broken with the president at times on Iran policy.
On its registration page for the event, ZOA Michigan notes that it “brings the Department of Justice directly into dialogue with Michigan’s Jewish community.”
ZOA Michigan also alluded to current tensions between the state’s Jewish community and El-Sayed.
“Antisemitism is reaching across Michigan — in schools, in public spaces, and among political candidates,” the event page reads. “Confronting it requires our community to stand together.”
The ZOA is a hawkish pro-Israel organization that backs the West Bank settlement movement and Israeli right wing government policies. In the U.S., it has also endorsed some of Trump’s restrictive immigration policies.
Federal tax law prohibits tax-exempt houses of worship from supporting or opposing political candidates, but Trump has sought to loosen the restrictions.
Rabbi Aaron Starr, of Shaarey Zedek, told the Jewish Telegraphic Agency that the Conservative congregation’s co-sponsoring of the event should not imply that it was endorsing one candidate over another.
“We are looking forward to working with anybody and everybody who wants to combat hate, whether that hate is antisemitism, Islamophobia, homophobia, racism or any other form of hate,” Starr said. He added that the congregation would soon welcome Jewish Democratic Sen. Elissa Slotkin for a veteran’s Shabbat.
Starr said the synagogue became a sponsor because it had been approached by ZOA to serve as an event host. “We’re mostly just serving as a venue for the event,” he said, adding that he personally would not be there.
Terrell did not return a JTA request for comment on the event. But he has promoted it extensively on social media and had hinted at the talk, and the ZOA partnership, in a previous email he sent to JTA reporters.
“We hope to see everyone there making it clear hate has no place in America a.k.a the greatest country on Earth,” he wrote at the time. He also thanked ZOA Michigan “for their tireless work on bringing our powerful message into reality.”
ZOA Michigan’s executive director, Kobi Erez, told JTA the event was nonpartisan, but added that he was aware of voters planning to switch parties — an allusion to Democrats who are considering voting for Rogers.
“We are not planning to discuss particular candidates or tell anyone how to vote,” Erez said in an email.
“We do encourage people to examine candidates’ records and statements concerning the safety of the Jewish community and consider whether they will take antisemitism seriously,” he said. “We feel that Jewish safety is at stake now more than ever. We know people who, because of these concerns, plan to vote for a party they have never supported before, and we understand their position.”
Erez said that the point of the event was not fundraising. “We are accepting voluntary sponsorships and donations to help cover expenses and support our work, but the purpose of this evening is to confront antisemitism and connect the community with the Department of Justice,” he said.
Frankel Jewish Academy, a private Jewish high school in the Detroit suburb of West Bloomfield Township, is also listed as a co-sponsor of the Terrell event. Frankel leaders did not return a JTA request for comment.
Terrell, an attorney, former O.J. Simpson supporter and ex-Fox News contributor, is a senior counsel in the Justice Department’s civil rights division. In that role, he oversees antisemitism taskforces that include staffers from the departments of Justice, Education and Health and Human Services.
Terrell’s visit comes as Trump, and Republicans more broadly, see an opening for Michigan in the midterms, in part via the Jewish vote. Both Trump and Vice President JD Vance will be campaigning in Michigan in the coming days. During Vance’s previous stop in Michigan, he went after El-Sayed for his reaction to the Temple Israel attack earlier this year.
Hundreds of local Jews have signed a petition pledging to vote for El-Sayed’s GOP opponent, former U.S. Rep. Mike Rogers, over their fears of the Democrat’s “extremism” on Jews and Israel, including El-Sayed’s remarks earlier this year about the attack on Temple Israel in the state. He has since apologized for those comments.
A separate petition — spearheaded by Starr and other rabbis — outlines “non-negotiables” that some Jewish leaders have pushed El-Sayed and other candidates to agree to.
This article originally appeared on JTA.org.
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