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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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More US Jews feel ‘politically homeless’ than ever. What are we to do?

The news that most Jewish adults don’t feel comfortable in either major political party is not a death knell for American Jewish political participation. It’s a rallying cry.

Most American Jews feel politically unrepresented by both parties, an Associated Press-NORC Center for Public Research poll released this week found. That survey only confirms what every conversation I’ve had with Jewish friends lately gets around to: a new sense of political homelessness, combined with fears of increasing antisemitism.

Only 15% of respondents say the Democratic Party supports Jewish people in the United States “extremely” or “very” well, and 41% say it supports them “not very well” or “not at all.” Views of the Republicans are slightly worse — about half say the party doesn’t really support Jews.

What the poll shows is an undeniable slide in both parties on an issue many Jews still care deeply about, Israel, as well as the feeling that too much anti-Israel sentiment bleeds into antisemitism.

The poll found 63% of Jewish adults consider antisemitism an extremely or very serious problem, and 77% say prejudice has increased since the Hamas attack of Oct. 7, 2023. Only 38% of Americans overall share that level of concern. The gap between how seriously Jews perceive the threat and how seriously the broader public does only compounds our sense that we’ve been abandoned by civic institutions, and no longer fit neatly within the party system.

At first glance, the fact that American Jews feel less attached to either political party isn’t unusual. A growing number of all Americans are turned off by the two major parties, according to a May New York Times poll, which found that 43% of voters were dissatisfied with both parties.

But a major source of party dissatisfaction, the Times poll found, was, yep, America’s relationship with Israel. Among dissatisfied voters, 80% opposed economic and military aid to Israel. That includes 38% of Republicans and Republican-leaning independents who said they wanted the party to distance itself from Israel. That’s what Vice President JD Vance meant when he recently said — warned? — that, “Israel’s opinions matter, but fundamentally they are separate.”

So a shrinking share of Americans in both parties supports Israel — while roughly six in 10 American Jews say Israel is central to who they are. That’s the squeeze. No wonder we feel unsupported.

It’s tempting to litigate why this gap exists. You could argue that it’s not fair. You could argue a dozen other countries behave worse than Israel, or that Qatari and Chinese money have poisoned American minds and infected the algorithms, or that the antipathy toward Israel and Zionism has always been and will always be about Jew-hatred.

Still: this is where we are in 2026, and we can’t will the facts away. So where, politically, do Jews turn? How do we pick a lane when they all seem to lead to dead ends?

One option is to leave. In the past, the somewhat glib answer to “where should we go?” if Jews wanted to run away — or were kicked out — was, of course, Israel. American Jews who kept one bag packed by the door — even if figuratively — saw the Jewish state as a refuge.

But our relationship with Israel as it is now is complicated. Putting aside the fact that a country that has weathered years of war and terror is hardly a refuge, American Jews are deeply unhappy with the current Israeli government. The AP poll found that 4 in 10 Jewish adults think the U.S. is too supportive of Israel, and that among American Jews, New York City Mayor Zohran Mamdani is more popular than Israeli Prime Minister Benjamin Netanyahu.

If there is no flight, there is only fight.

That’s what former Chicago Mayor Rahm Emanuel was doing in Tel Aviv this week with a speech in which he called for a “fundamentally new and different approach” to U.S.-Israel relations. He was not fighting against Israel, but fighting for his party — the Democrats — to demand more of it. He talked about his emotional ties to Israel — something the majority of American Jews share — as well as his critiques.

And it’s why sharp criticism of his speech came from both sides of the aisle. On the right, Jonathan Tobin at JNS called the speech a recycling of “the persistent delusion of failed policies,” and Peter Savodnik at The Free Press wrote that Emanuel “bows to the left.” Meanwhile, the left accused Emanuel of placing too much blame on the Palestinians for corruption and intransigence, and for trying to stake out a pro-Israel position within the Democratic Party.

Emanuel didn’t pick a lane, which is why people who hold such disparate ideologies are all upset with him. Instead, he carved a new one. He embraced a politics so critical of Israel that it would have been anathema in mainstream Democratic circles until very recently. That’s not a bad thing. His idea — which is really an idea promoted by the progressive pro-Israel lobbying group J Street — is that the U.S. should push Israel, the Palestinians and the Arab nations toward a “23 state solution” that recognizes Palestinian rights and integrates Israel fully into the Middle East. As far-fetched as it seems now, it is also more pragmatic and optimistic than anything the far left or right have to offer.

Emanuel showed one option for how to decouple support for a strong, secure Israel from support for the disastrous direction in which the country’s leaders are taking it. He showed how to love Israel as an American Jew, warts and all. His position is highly critical of the country’s current leadership and direction — as are the majority of Israelis, by the way — but out of concern for its security and democracy, not out of objection to its existence. It’s a position that recognizes the rights of all peoples between the river and the sea to security and self-determination. It moves beyond blame to solutions.

The right response to American Jews’ sense of political abandonment is for candidates who care about our community — and despite our dismay, there are many — to pivot, like Emanuel, to making creative cases for the future. Come with a vision, come with a plan, come with a path that offers the chance of a better life for the millions of Jews and Arabs who live there and aren’t going anywhere. Come with a pitch that shows American Jews that the full complexity of our concerns matters, and that your parties are capable of adapting to meet this moment.

That’s the fight that has to happen. Don’t wait for a lane to open. Pick a party, and start opening one.

The post More US Jews feel ‘politically homeless’ than ever. What are we to do? appeared first on The Forward.

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UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza

(JTA) — Andy Burnham, who is on track to become Britain’s next prime minister following Keir Starmer’s resignation last month, apologized for his party’s handling of the aftermath of the Oct. 7, 2023, Hamas mass killings in Israel, saying that it should have done more to push for a ceasefire and called for exerting greater pressure on the Jewish state today.

His comments prompted a joint response from the Board of Deputies of British Jews and the Jewish Leadership Council, which said they had contacted his team to express “significant concerns” about his remarks.

Burnham made his comments in a video statement on Thursday in response to questions from the public. Burnham is likely to become the next prime minister after gaining the overwhelming  support of sitting Labour members of Parliament. To date no one has challenged him for the party’s leadership ahead of a July 17 deadline.

“I know many people feel that at the start of Israel’s military action in Gaza, my party didn’t get it right, and I am sorry about that,” he said. He added that he supported further sanctions on Israelis involved in the violence in Gaza, measures to ban trade with Israeli settlements and restrictions on arms licenses to Israel, saying there was “increasing evidence that war crimes appear to have been committed.”

He also condemned increased antisemitism in Britain, and said that tackling antisemitism did not contradict holding Israeli Prime Minister Benjamin Netanyahu’s government to account.

His comments came as lawmakers across the political spectrum have pushed for increased condemnation of Israel and sanctions on the country.

“The unbearable suffering in Gaza is a scar on our collective conscience,” Burnham said. “The killing of innocent Palestinians, including children,” was “completely unacceptable,” he added, declaring that Britain had to do more to “put pressure on the Israeli government.”

He described the country as “too slow to call for a ceasefire” and that “we must now do more to strengthen our approach” as “Israel continues to violate the ceasefire agreement killing innocent Palestinians.”

In their response, the Board and JLC said they shared “concern for the humanitarian situation in the Gaza Strip” but stated that the conflict “cannot be understood without reference to the role of Hamas not only in launching the conflict but in perpetuating the war through the holding of hostages, war-fighting entirely from within the civilian population, and [their] ongoing refusal to cede power and disarm, in line with the 20 point peace plan.”

They added that the conflict also could not be understood without reference to Hamas’ regional backers and allies, including Iran and Hezbollah. Burnham addressed none of this in his comments.

Burnham did, however, reiterate his condemnation of Hamas, describing the Oct. 7 attacks as “monstrous,” stressing that he denounced them “as strongly today as I did in the immediate aftermath.”

He said that he also condemned “the increase in appalling antisemitic attacks here in the U.K. and those who seek to divide our communities by targeting Jewish people.”

“I felt first-hand the anxiety in our Jewish community and the very real threat they face,” the former mayor of Greater Manchester  said, referring to the Yom Kippur 2025 attack on the city’s Heaton Park synagogue in which two people were killed.

The Board and JLC welcomed Burnham’s “zero tolerance approach to antisemitism” and affirmed his assertion that “there is no contradiction between fighting antisemitism and disagreeing with actions of the Israeli government.”

However, they said, “Antisemitism cannot be confronted without addressing all its drivers,” arguing that in Britain that includes “Islamist, far left and far right extremists who go beyond criticism of the Israeli government to a place of hatred directed at Jews and Israelis.”

Their joint statement pointed out that Burnham knew “first hand the links between hatred of Israel, antisemitic extremism and deadly violence against British Jews,” adding that, “in a country in which antisemitism has become more normalized, more extreme and more violent, we call on our leaders to show the utmost care in their rhetoric in relation to the conflict.”

This article originally appeared on JTA.org.

The post UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza appeared first on The Forward.

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NY congressional candidate Darializa Avila Chevalier doubles down on attending Oct. 8 pro-Palestinian rally

(JTA) — Democratic congressional candidate Darializa Avila Chevalier defended her presence at a pro-Palestinian rally the day after Hamas’ Oct. 7, 2023, attacks on Israel during a wide-ranging interview Friday with progressive Jewish author Peter Beinart.

“I think the targeting of civilians is wrong in any context, including on Oct. 7,” Avila Chevalier said when asked by the editor-at-large of the leftist Jewish Currents about slogans legitimizing “resistance” that appeared at the rally. Avila Chevalier previously defended her attendance at the rally to City & State in June.

“I think what matters is international law, and what international law condemns and protects,” she said. “And it condemns the targeting of civilians, and it also protects the right to resist.”

Beinart, who is an outspoken critic of Israel and a journalism professor at the City University of New York, pushed back, saying that he “didn’t see any discussion of international law in that rally on the signs or the slogans of the kind that you are offering now … Were you uncomfortable by that?”

Avila Chevalier responded that, at any protest, there will always be “folks who are voicing opinions that you might not agree with.”

“I knew even as early as Oct. 8, right, where this cycle was headed, and I knew the things that I did have power over,” Avila Chevalier said. “The thing that we have power over is the fact that our tax dollars are going towards an apartheid state that has a pattern of engaging in this type of retribution against civilians.”

Avila Chevalier, a democratic socialist who helped organize pro-Palestinian encampments at Columbia University, ousted incumbent Rep. Adriano Espaillat last month in the Democratic primary for New York’s 13th Congressional District, which covers parts of Upper Manhattan and the Bronx.

“Today we make it clear. The politics of the past ends today,” Avila Chevalier told attendees at an election night watch party, where the crowd erupted into cheers of “Free Palestine.”

She joined two other progressive and Israel-critical candidates backed by New York City Mayor Zohran Mamdani in winning upset primary victories, cementing the anti-Israel mayor’s influence in the city’s politics and likely extending the left’s gains in Congress since the wins came in deeply Democratic districts.

Beinart’s interview offered an extensive look into the Israel-related positions that became flashpoints during Avila Chevalier’s campaign, including her attendance at the Oct. 8 rally, which was condemned at the time by Mamdani and fellow congressional candidate Brad Lander, and past criticism of former President Joe Biden’s policy toward Israel and Gaza in a since-deleted X account.

Many of the attendees on Friday’s Zoom call appeared unimpressed by the candidate’s responses.

“She is well intentioned, but also clearly is not familiar with the nature of the Israeli-Palestinian conflict,” said Hillel Schenker, a veteran American-Israeli peace activist.

Other attendees defended Avila Chevalier.

“I am surprised and disturbed by many of the comments made here that are just dismissing her comments and her approach to expressing her belief in human rights and a world without hierarchies of peoples,” wrote an attendee with the screen name Benjy Ben Baruch.

To kick off the interview, Avilia Chevalier described her internship in the West Bank as a 20-year-old Columbia University student, saying that at the time she observed “systems and how they were impacting Palestinian people and Jewish folks, and how people were being treated based off of those state structures.”

Beinart then asked Avila Chevalier why she believed Israel had become so “central for progressive politics.”

“I think there is a war machine that is insatiable,” Avila Chevalier replied. “An American war machine, the Israeli war machine, that we fund with our tax dollars as Americans, and instead what we could be funding is our communities.”

When asked by Beinart what she wanted to see as the future of the region, Avila Chevalier voiced her support for a one-state solution, which she described as “one governing body, one state that sees everyone as equal before the law, regardless of race, religion, identity, ethnicity.”

“We have seen over the course of history that attempts at two states have failed, and even so, I think in this question of like, well, do we partition to begin with, that inherently is divisive,” Avila Chevalier said.

Avila Chevalier also stopped short of saying that “Zionism is racism” when asked if she agreed with the statement by Beinart.

“Zionism is an ideology that creates this type of hierarchy that I’m talking about, and I just don’t believe that we should be striving for a world where there is a hierarchy among people,” Avila Chevalier replied.

Towards the end of the conversation, Beinart referenced scrutiny Avila Chevalier had drawn for her 2022 statements in which she condemned Dominican nationalism and said it was the reason she didn’t put the flag in her social media bio.

“What do you see as the fundamental differences between Zionism as a form of Jewish nationalism, the Dominican nationalism that you have had some concerns about, and Palestinian nationalism,” Beinart asked Avila Chevalier, whose parents are Dominican immigrants.

In response, Avila Chevalier referenced racist attacks she had endured for those comments in the lead-up to the election.

“While it’s not the majority of Dominicans, I would never say that, I think there is a faction that supports this ideology that I have just always found incredibly violent, and the type of rhetoric that I was subjected to, I think, is reflective of the very thing I was criticizing, and I see a lot of that in Zionism as well,” Avila Chevalier responded.

The candidate added that, in contrast to Zionism and Dominican nationalism, Haitian and Palestinian discussions of “liberation” were rooted in “a more universalist understanding of human rights before the law.”

“When I was there in Palestine, you know, some of the most dehumanizing language I’ve ever heard, right, was coming from Israeli soldiers towards children,” Avila Chevalier said, adding that she saw the movements “in very different lights.”

When asked whether she worried that “Hamas’s version of Palestinian nationalism may have exclusionary elements as well,” Avila Chevalier replied: “That’s why I worry about nationalism point blank.”

“Nationalism itself always gives me pause, but I think it’s important to also consider the context in which we’re talking about, like what group is engaging in this conversation, right, and the power dynamics at play there,” Avila Chevalier continued.

This article originally appeared on JTA.org.

The post NY congressional candidate Darializa Avila Chevalier doubles down on attending Oct. 8 pro-Palestinian rally appeared first on The Forward.

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