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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Meet Matt Turner, the only Jewish player on Team USA in the World Cup

(JTA) — When the U.S. squad suits up Friday night to face off against Paraguay in its opening contest in the 2026 World Cup, one Jewish player will be in the mix.

Goalkeeper Matt Turner is not only the lone Jew on the U.S. team but he could well be the only Jewish player in the entire tournament, which is being jointly hosted by the United States, Mexico and Canada starting on Thursday. It’s the first edition of the tournament to be hosted by three countries, and the first to feature 48 teams.

Israel did not qualify for the World Cup and hasn’t since 1970 — due, in part, to geopolitics that pushed its soccer federation to compete in the talented European body, not in Asia.

Jewish players DeAndre Yedlin and Daniel Edelman, who both play in the MLS and have previously played for the national team, are not on the roster this summer. Yedlin played with Turner in the ‘22 tournament in Qatar, where Turner, 31, was a star.

Turner, a New Jersey native, discovered his Jewish heritage by finding his paternal great-grandmother’s emigration papers that had allowed her to flee Lithuania during the Holocaust.

“Once I found the documents, I was certainly very, very excited,” Turner told the Jewish Telegraphic Agency in 2023. “America, in general, it’s a melting pot, and everybody has those roots elsewhere. So to understand your story, your history, a little bit is really nice.”

The revelation allowed him to obtain a Lithuanian passport, which made it easier for the goalie to pursue soccer opportunities in Europe. It also changed his relationship to his Jewish identity.

“The more my father and I dug, the more we learned, the more connected I felt to my Jewish side, the Jewish culture of my family,” Turner said at the time. “It really changed a lot of me.”

Turner, who now plays for the New England Revolution in MLS, started all four matches in 2022 for an American club that advanced to the Round of 16. He was the first American goalie with back-to-back shutouts in a World Cup since 1930.

Turner has 53 career appearances with the national team, with a 29-16-8 overall record, including 27 matches in which the opposing team did not score at all. He has also played in the Premier League and was the 2021 MLS Goalkeeper of the Year.

This time around, he is seen as less likely to start, following the ascent of a teammate to the top goalie slot. Still, he says he is moved to be part of the national team once more.

“I’ll probably cry when the national anthem goes,” he told FOX Sports. “It’s just such a huge honor — overwhelming honor — to be granted that responsibility to be on this team to do our best in those roles and ultimately, change soccer here forever.”

Although there are few Jews on the field during the 39-day tournament that ends July 19, one familiar Jewish face — or more accurately, voice — will return this year. Legendary Argentine broadcaster Andres Cantor, whose famous “Goooooooal” calls have helped popularize the sport in the United States, will be calling his 12th consecutive World Cup.

Cantor was born in Buenos Aires to a Romania-born mother and a father whose family fled the Nazis in Poland. He moved to the United States as a teenager and has publicly embraced his Jewish identity.

The post Meet Matt Turner, the only Jewish player on Team USA in the World Cup appeared first on The Forward.

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Their nickname is the Red Crosses, but these World Cup challengers practice at a Jewish day school

For years, San Diego Jewish Academy had been preparing for the World Cup. The school, serving students from pre-K through 12th grade, has one of the best soccer fields in California, and tournament organizer FIFA had approved the site to serve as a national team’s base camp — if any visiting countries were interested.

When the school looked at the World Cup’s qualifying nations, they wondered if their plans might be for naught.

“You have Qatar, Egypt, Jordan, Iran — teams that wouldn’t necessarily choose the Jewish Academy,” said Adam Benmoise, SDJA’s director of auxiliary programs. “We were nervous.”

To their relief, the World Cup schedule delivered a stroke of luck. The four teams playing group-stage games on the West Coast did include Qatar. But one the others was a country famous for its neutrality. Switzerland began practicing at the Jewish day school June 2.

Both sides have found the arrangement a winning one. For Switzerland, San Diego Jewish Academy is more than just a practice field. It’s also a gym, a media center and an office space. (Or a synagogue, if they needed one.) And for SDJA, a pluralist school with about 500 students, the rental arrangement doesn’t just pay the bills: it also connects the local Jewish community to the world’s biggest sporting event.

The partnership is the culmination of four years of planning for Benmoise, a lifelong soccer fan whose job is to drum up outside revenue for the school. Recognizing the unusual quality of the SDJA field — real grass, not turf — he pitched the school’s CFO and athletic director on the idea of renting it out to pro teams with an eye on the 2026 World Cup.

His first move was to bring San Diego tourism officials for a site visit. They were shocked — and word got around about the 56-acre hillside campus.

“It’s a true gem,” Benmoise said. “It’s built properly, it’s manicured properly, it’s mowed properly, we have the proper irrigation. It has all of the footprints of a professional-grade soccer field, but was built for a school.”

san diego jewish academy switzerland national team
The home of the San Diego Jewish Academy Lions (and for the next couple weeks, the Swiss national team). Courtesy of San Diego Jewish Academy

The field was used for practices during the Gold Cup, a biennial international soccer tournament, then by Major League Soccer and touring European clubs, and finally by the U.S. men’s and women’s national teams — whose rave reviews of the campus put San Diego Jewish Academy on FIFA’s radar.

To be added to FIFA’s official site catalogue for the World Cup, though, the vetting was more rigorous. The international soccer governing body has strict pitch standards, and it employs a phalanx of inspectors and groundskeeping experts to ensure fields are up to par and consistent with one another. Benmoise also had to prove that SDJA’s facilities could accommodate the wide-ranging needs of a national team program.

In response, the school expanded the playing area by covering an unused softball diamond with 16,000 square feet of sod — a project funded by school donors. (SDJA hasn’t fielded a softball team for over a decade, Benmoise said.) The school also rented and installed a 4,500 square foot tent with tile flooring to set up a gym alongside the pitch — a temporary construction that will be paid for by the Swiss. Benmoise is hopeful the school will get to keep the workout equipment.

Sergio Affuso, a press officer for the team, said in an email that Switzerland was “very happy” with the base camp. “It is great to see how enthusiastic everyone is about hosting us here, included the kids of the school, and the facilities are very well prepared,” Affuso said.

Per FIFA rules, each of the 48 countries playing in the World Cup has to host a public community day at their base camp to locals during one of its first five days of practice. But because school was still in session those days, FIFA allowed SDJA to invite only the internal school community to the event.

That day — June 3 — the SDJA student body, faculty and a few dozen parents filled the bleachers to watch the “Red Crosses” practice. Then the team set up some mini games to play with the kids — shooting on the goalies, passing and dribbling drills, and the crowd-pleaser known as “three Swiss players against 45 fourth graders.”

A pair of journalism-interested SDJA students are getting another special perk: the Swiss federation hired them as media interns for the duration of their stay in San Diego.

Benmoise didn’t want to share how much FIFA is paying to use the field, but said the compensation is “very generous.”

“Let’s just say we’re not charging FIFA the same that I would charge, like, a youth team,” he said.

SDJA isn’t the only Jewish school whose facilities rate professional use. A pair of Orthodox high schools in Los Angeles rent their basketball gyms to NBA players for off-season workouts. The all-star roster that uses those courts appreciate not only their quality, but also the schools’ privacy and security.

Benmoise said the Swiss team — which kicks off against Qatar on Saturday in San Francisco — was thus far too focused on game prep to explore the rest of the campus. But a social media post from the team’s Instagram account about their practice field did cause a stir back home.

The post was an overhead map of the practice facility, showing the dressing area, the play area, the goalkeeper area and — on the next slide of the carousel — the hills beyond the field, labeled “snake area.”

“Watch out for the snakes 🐍 👀,” the caption read.

An alarmed Swiss media published a number of stories about the threat of serpentine pitch invasions, forcing Affuso clarify that the post was an attempt at humor.

“People in Switzerland understood the joke,” he told The Athletic. “But maybe, abroad, they didn’t.” (Benmoise said snakes had “never been an issue” on the campus.)

The post Their nickname is the Red Crosses, but these World Cup challengers practice at a Jewish day school appeared first on The Forward.

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Mamdani was set to meet Colombian president known for inflammatory Israel rhetoric

New York City Mayor Zohran Mamdani had planned to meet this week with Colombian President Gustavo Petro — who has compared Israel’s leaders to Nazis and recently defended his use of the phrase “Heil Hitler” on social media — during the South American leader’s visit to New York, a source familiar with the mayor’s schedule plans confirmed.

The meeting — set to be Mamdani’s first with a foreign leader — was reportedly canceled after the Trump administration intervened, directing Colombian officials to call it off, arguing that it would violate the terms of Petro’s entry into the United States for a United Nations Security Council session on Wednesday.

The State Department revoked Petro’s visa last fall after he appeared at a pro-Palestinian rally in Manhattan, calling on U.S. soldiers to disobey presidential orders over its support for Israel’s war in Gaza and urging an armed response to counter Israel’s action against the Palestinians. Petro was granted a limited waiver this week to attend the U.N. meeting on the Middle East.

A former member of Colombia’s M-19 guerrilla movement and elected in 2022 as the country’s first socialist president in decades, Petro has repeatedly drawn condemnation from Jewish and Israeli leaders since the Oct. 7, 2023, Hamas attacks for comparing Israel’s military actions to those of Nazi Germany. In 2024, he severed diplomatic ties with Israel, accusing the Jewish state of committing genocide in Gaza, an allegation Israel has strongly rejected.

This week, Petro came under fire after posting the phrase “Heil Hitler” on X in response to an op-ed supporting the right-wing presidential candidate, Abelardo de la Espriella, ahead of Colombia’s June 21 presidential runoff. Petro defended the post, saying he was criticizing what he described as the author’s “fascist” rhetoric rather than endorsing the Nazi slogan itself. In his UN remarks, Petro again compared Israel to the Nazis.

A City Hall spokesperson declined to comment on the matter.

The mayor’s canceled sit-down with Petro is the latest flashpoint in his fraught alliances with inflammatory critics of Israel.

Mamdani has faced scrutiny from Jewish leaders and Zionist organizations over his sharp criticism of Israel and embrace of Palestinian activism that is shaping his tenure as leader of the city with the largest population of Jews outside Israel. During his mayoral campaign, Mamdani refused to recognize Israel as a Jewish state and said he wouldn’t travel to the country and called for divestments in Israel’s economy. Recently, the mayor skipped the annual Israel Day parade.

In congressional races in New York City, Mamdani has actively been campaigning for candidates who have made inflammatory statements on Israel, including challenging U.S. military aid to the country and accusing the Jewish state of genocide. In particular, Mamdani has thrown his support behind former Columbia University Gaza War encampment activist Daraliza Avila Chevalier, who is challenging Rep. Adriano Espaillat with the incumbent’s support for Israel front and center. Avila Chevalier, a member of the Democratic Socialists of America’s NYC chapter, attended the Oct. 8, 2023, pro-Palestinian rally in Times Square, which was broadly condemned for celebrating the Hamas attacks on Israel. She has continued to defend her participation, saying that she showed up in anticipation of Israel’s “outsized reaction.”

Mamdani reignited tensions with many Jewish communities by posting a Nakba Day video produced by his City Hall media team commemorating the displacement of Palestinians during Israel’s founding in 1948. That was followed by what was perceived as a delayed and ultimately supportive response to pro-Palestinian protesters who descended on a heavily Jewish Brooklyn neighborhood where a synagogue was hosting a real estate sale that included West Bank properties.

The head of Mamdani’s office of international affairs, tasked with interacting with the United Nations and handling diplomatic relations, is Ana Maria Archila, the past co-chair of the Working Families Party who led campaigns critical of Israel. On his first visit to the U.N. headquarters in March, Mamdani met with Secretary-General António Guterres, whom Israeli officials have criticized for his statements about the war in Gaza, accusing him of failing to sufficiently condemn Hamas. Israel recently cut ties with Guterres and barred him from entering the country following the blacklisting of Israeli authorities in a UN report regarding sexual violence in conflict zones.

The post Mamdani was set to meet Colombian president known for inflammatory Israel rhetoric appeared first on The Forward.

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