Uncategorized
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.
Uncategorized
The Jewish friendship that let David Hockney experience ‘dangerous perfection’
Think of the British painter David Hockney, who died Thursday at 88, and you think of color. 1967’s “A Bigger Splash,” almost certainly his most famous work, is a study in blue so profound that it’s nearly synesthetic: The pool is such a saturated cool that you can feel the water lap your feet, and the sky so rich with California sunlight that your shoulders burn. When Hockney turned more toward landscapes in later years, trees came in every color of the rainbow — here a pink trunk, there a purple — and roads were streaked salmon and teal.
Which makes it stranger that one of the works of his that I find most evocative has no color at all. It’s a 1975 pen and ink drawing of the American Jewish artist R.B. Kitaj, one of Hockney’s dearest friends, sitting on a bench outside an art school in Vienna.
Kitaj, head propped in his hand, looks out toward the left side of the page. His face is the lone area of detail in a scene thrown together with brisk, expressive lines. There is a sense of place around him, but that place is in the act of disappearing. As the scene spreads to the right and lower edges of the page — the areas that would fall outside Kitaj’s line of sight — it ceases to exist. Kitaj’s bench is slatted, rounded and real, but the bench abutting it is depicted in a few brief strokes. The buildings and street are sketched with light attention within what seems to be Kitaj’s periphery line, and are nonexistent beyond it.
The picture is a study of a man in deep focus. Hockney draws Kitaj’s head — and by inference, everything within it — as real and lifelike. But beyond the scope of Kitaj’s vision — the material the world presents him, possibly to be made into art — Hockney shows his surroundings as being valuable only as perspective lines, helping to situate the subject in space.
To be caught thinking is a vulnerable experience. To have someone restore your sense of your own physical self is a shock. By sketching Kitaj in his moment of remove, Hockney gave a renowned and somewhat glamorous friendship a sense of life. And he gave a sense of life, too, to the thing that made his own art so attractive: the impression of a rare and gorgeous intensity of vision, one that could draw a viewer’s attention so completely that it seemed what was on the canvas was the only real thing on earth.
In his drawing of Kitaj, the line is blurred between his subject’s concentration and his own. Is it really that Kitaj is so immersed in the act of seeing — or that Hockney is, his gaze so rapt upon his friend as to make him able to capture, briefly, what it was like to see through Kitaj’s eyes?
From the first days of their friendship at the Royal College of Art, Hockney and Kitaj existed on two planes for one another: human and artistic. As each worked to find the right way to reflect their own humanity in their art, their concepts of both themselves and their work influenced one another. “I was painting about my Jews and my books and Hockney was just coming out of the closet, so I said paint that,” Kitaj once said. And another time: “He switched to his gay culture as I began on my Jewish culture in its first forms.”
When Kitaj married the painter Sandra Fisher in 1983 — after Hockney introduced them in the 1970s — Hockney was his best man. “Those orthodox Rabbis had never seen such a gang under the chuppa,” Hockney told 032c magazine in 2025. At that moment, he said, “life for me had reached a dangerous perfection.”
A “dangerous perfection.” What did that mean? I see a glimpse of the answer in Hockney’s drawing of Kitaj — a sense of connection so complete as to threaten the boundaries of selfhood. At Kitaj’s wedding, Hockney experienced that threat as a kind of transcendence: Look, how wonderful being alive among other people can be. The experience captured in his drawing of Kitaj is different, but related. It’s that of a kind of looking, and seeing, that briefly gives total knowledge.
That kind of completeness is one of the aims of friendship, and also of art. There will be much to miss about Hockney, an artist who was easy to love. But the rare experience of absolute immersion that his best work gave its viewers may have made, out of all he accomplished, the biggest splash.
The post The Jewish friendship that let David Hockney experience ‘dangerous perfection’ appeared first on The Forward.
Uncategorized
Aristotle, Jewish ethics and the vexing case of Graham Platner
In last Tuesday’s Democratic Senate primary in Maine, nearly three quarters of voters decided that Graham Platner — Iraq War veteran, oysterman, Reddit misogynist and SS tattoo bearer — was their best hope to defeat the Republican incumbent, Susan Collins, come November. While the result was wildly cheered by his supporters, other Democrats and independents were left deeply uneasy.
There are good reasons, philosophical no less than political, for this disquiet. For some Democrats, the winning approach to the election is not necessarily one that leads to victory, but instead one that leads from virtue.
Much attention has been given to the political issues raised by Platner’s candidacy. His embrace of economic populism and excoriation of our country’s oligarchy, his denunciation of forever wars and defense of the common man were and remain compelling stances. That Platner speaks his own mind, and does so simply but rarely simplistically, rather than from a script bolted together by handlers, is clearly a plus as well.
But the matter of his character also raises a serious ethical issue not just for Platner, but also for those who voted for him this spring and plan to do so again this fall. It is less a matter of achieving a good result, than of affirming the good itself.
Moral philosophy comes in three flavors: consequentialism, deontology, and virtue ethics. For reasons of space, let’s focus on the first and last. As the name suggests, consequentialism focuses not on the means but instead on the ends. But this does not mean, as some think, that any end can justify any means. Instead, philosophical consequentialists argue that acts must be judged by a simple measure: seeking the greatest good at the least moral cost.
For a hypothetical example, say I have a student who is floundering in one of my classes. They are doing their best, but for various reasons their best will probably not help them avoid a failing grade. Afraid to disappoint or depress the student, I allow them to continue in the class. Consequently, the student sinks rather than swims by semester’s end. Or, instead, I can sit down with the student earlier in the semester and suggest that they withdraw today and try again a later day when they are better prepared. The result is the least cruel and most good: some suffering in the short term rather than greater suffering in the long run.
Yet, consequentialism can be complicated. Consider the election of John Fetterman to the Senate in 2022. Faced by the prospect of voting for the Republican candidate, Democrats and independents gave Fetterman the winning margin despite a stroke he suffered during the campaign, one that raised serious questions about his capacity to hold the office. For reasons that are hard to parse, Fetterman has since broken with his fellow Democrats on several vital issues.
Rather than realizing the greater good, some Pennsylvania voters may now realize their reasoning was misplaced.
This brings us to virtue ethics, which is now enjoying a second wind among moral philosophers. Inspired by Aristotle’s Nicomachean Ethics, virtue ethicists are less concerned with actions than they are with character. As the philosopher Todd May writes in his book The Decent Life, the key question for consequentialists (and deontologists) is “How should I act?” But for those who promote virtue ethics, the question is “How should I live?”
By this, they mean what Aristotle seems to have meant: how can we live a happy or flourishing life? The answer is by living that life in accord with virtue.
Simply put, virtues are those traits of character — think bravery and constancy, sagacity and generosity—crucial to human flourishing. And to flourish as humans requires a deep disposition to see and feel, choose and respond to the world and others in ways that align with those virtues. In the words of the late Alasdair MacIntyre, the philosopher who reintroduced virtue ethics to modern readers, “The exercise of the virtues is itself a crucial component of the good life for man.”
Inevitably, just as with the other ethical theories, there are problems with virtue ethics. But there are also advantages, principally that it seeks to build character rather than build a calculus of the highest good. This brings us back to Graham Platner. What is at issue with his campaign is not just the character of the candidate, but the character of the nation we wish to realize. The unavoidable question is not whether the ends justifies the means, but whether the means justifies the end—in this case, a nation dedicated not to winning a Senate majority, but to one dedicated to reversing the waning of virtue. Even if this means giving Susan Collins 6 more years.
Modern Jewish thinkers find ties between pagan and Jewish ethics. Yonatan Brafman, who teaches at the Jewish Theological Seminary, points to fascinating parallels between the writings of Aristotle and the medieval philosopher Moses Maimonides. The latter, Brafman suggests, sought various ways to encourage the practice of generosity. “Fulfilling the commandment of matanot le-’evyonim (gifts to the poor) and even prioritizing it over other commandments both expresses and fosters the virtue of generosity,” Brafman writes. “Moreover, in Maimonides’ view, this virtue is central to human flourishing. Generosity enables an individual to achieve divine joy.”
Of course, the exercise of generosity should apply to Platner, a man who insists that he has changed. Come November, we will learn whether this is true for our nation. As for Platner, who insists he has changed, it may take much longer for all of us to know.
The post Aristotle, Jewish ethics and the vexing case of Graham Platner appeared first on The Forward.
Uncategorized
What does it say that Gwyneth Paltrow is advertising luxury Israeli real estate?
What does Gwyneth Paltrow have to do with a new luxury apartment building in Tel Aviv suburb Herzliya?
Not much, it seems, judging from a new ad that dropped this week. It features Paltrow going on a morning jog in the city — New York City, that is. She wakes up, voices some pat complaints about why “mornings have to be so early” and how her “coffee needs a coffee,” before she heads to Central Park. She comes home, showers, then asks her driver to take her to 51 Park.
Her driver asks if she means New York. “Herzliya, Israel,” she clarifies, smiling into the camera, as though the black SUV can drive across the ocean.
The ad makes so little sense that my first instinct was to think that it must be some sort of AI rendition of Paltrow. But a LinkedIn post about the project, from Gabi Attal, the CEO of the ad agency Why Worry, which made it, says that they did indeed shoot the ad in real life, in New York City, and that Paltrow is the face of the ad campaign behind a luxury apartment building called 51Park in Herzliya.
51Park is the name — though seemingly not the address — of an enormous new apartment complex that does not appear to exist yet; the website for the building is written in future tense. In renderings, two 51-story glossy towers, with — depending on which part of the website you read — either 636 or 733 apartments total, shine over a park. The neighborhood, it promises, is about to become the beating heart of Herzliya, bounded by highways, the light rail and Herzliya Park.
Paltrow, who is Jewish, has hawked a lot of weird products in her time — vagina-scented candles, anyone? And in some ways, the luxury building makes sense as a product for the actress, who has often flaunted her wealthy lifestyle. But everything else about the 51Park campaign places it back into Paltrow’s stranger offerings.
First off, of course, is the simple setting of the ad, which is nowhere near the apartment building Paltrow is lending her face to.
“To bring this architectural masterpiece to the Israeli audience, we needed a figure who effortlessly embodies international elegance, a premium lifestyle and uncompromising quality,” Attal wrote in the LinkedIn post about the ad.
No one behind the ad responded to my questions about how Paltrow was selected except the director’s agent, Tal Nathan, who said that he couldn’t comment beyond saying the actress “looks absolutely fantastic.” Still, Paltrow certainly embodies a certain kind of “premium lifestyle” — her lifestyle brand, Goop (tagline: “beauty as wellness”), sells such wealth signifiers as a $425 black tank top and a $55 “sex oil,” and also partners with other luxury brands to market expensive jewelry, clothing, and wellness accessories via Paltrow’s own website as “Gwyneth’s picks.” (These include a $225 “eyelift bioremodeling peptide matrix” and a cream for “mindfulness and intuition.”)
The actress has made her name, at least since her Oscar win in 1999, by defining an ideal of minimalist, luxurious perfection — one with little care for qualities like accessibility, approachability or reality. (She had to pay a fine after Goop sold bespoke jade eggs promising questionable health benefits for one’s “yoni.”) In fact, part of her allure is her lack of those values. Her aesthetic seeks to soar above plebian concerns like pragmatism or cost. Who cares if that $491 pewter cocktail strainer requires regular polishing to maintain its silver sheen? It’s covetable. Similarly, who cares where your luxury building is, the 51Park ad seems to say; the important part is the luxury.
Still, it seems odd to market the building to Israelis via an ad filmed in New York City, in English. Sure, New York might signify wealth and luxury in the international market. But the ad doesn’t highlight the amenities 51Park actually offers, such as proximity to Herzliya Park; it shows Paltrow in a luxury apartment in New York with convenient access to a different, and more famous, park: Central Park.
Instead, it feels as though the ad is directed at Americans, selling the idea that New York City and Herzliya are the same. That’s patently absurd though — even if we were to equate Tel Aviv and NYC, which are really not very similar outside of being their respective countries’ most cosmopolitan cities, Herzliya is neither; it’s a separate, much smaller city. Which means Herzliya is, at best, Hoboken. Perhaps that’s why Paltrow didn’t even bother flying to Israel to film the ad.
Marketing an Israeli home to Americans, however, is a controversial proposition. Over the past couple of years, Israeli companies selling homes and land to Jewish Americans, often at fairs held in synagogues, have been a target for protests. Sure, Herzliya is not in the West Bank. But for an actor to wade into obvious controversy like this, especially when she has a new major project coming up — starring as Belle Burden in an adaptation of the heiress’ best-selling memoir Strangers — is a confusing choice.
The ad was reposted by viral celebrity gossip account PopBase, leading to thousands of retweets and comments accusing her of supporting, as many commenters put it, “gwynocide.” Others said it was tone deaf to market luxury apartment buildings only a few hundred miles from razed apartments in Gaza, and compared her to the Nazi wife who enjoys her garden outside Auschwitz in the Oscar-winning film The Zone of Interest.
Yet, in the ad, Paltrow seems blissfully unaware of all that, or at least doesn’t betray the slightest political statement. It’s not the first time Paltrow has been impressively out of step with public opinion — for example, saying that being a mother while working on movie sets is harder than being a “regular” working mother who is not extremely wealthy and famous, or that she would rather die than let her child eat a “Cup-a-Soup” and would rather do crack than eat cheese out of a tin.
Paltrow’s serene smile in the ad implies she can just float above the political realities tied to Israel without touching them. The idea that one can move to Israel and live a life indistinguishable from the one you once had on Park Ave in NYC, is fundamentally a political statement, of course; not everyone has that freedom of movement, whether due to financial or political realities. But Paltrow has not responded to criticism online or to journalists reaching out to ask what she meant to say with the ad. Though she voiced support for the hostages after Oct. 7, she hasn’t implied that her ad for 51Park is any kind of statement. In fact, she’s carefully avoided making one.
Instead, Paltrow — as is so often the case with the actress famed for her snobbery — has demonstrated that she is not as interested in Israel, Gaza, the war, or Judaism as she is in the disembodied ideal of luxury. As she once said, she “can’t possibly pretend to be someone who makes $25,000 a year.” The rest isn’t important; she can ignore it.
The post What does it say that Gwyneth Paltrow is advertising luxury Israeli real estate? appeared first on The Forward.

