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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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‘My mayor Muslim, my bagel Jewish’ — the Knicks chant capturing New York’s soul

Perhaps you, like me, have had a very specific earworm for the last week. It’s not a song, though there is a sing-song-y element to it. It’s a chant: “My mayor Muslim, my bagel Jewish. My Christian Dior — Knicks in four!”

If you hadn’t heard, the New York Knickerbockers are in the finals for the first time since 1999, on a 13-game streak and looking good to win a championship NBA title they haven’t gotten since 1973. The city is going nuts. I am not a big sports fan, but even I have been caught up in the fever, watching the first two games of the best-of-seven finals pitting the Knicks against the San Antonio Spurs at sports bars where fire codes are being flagrantly broken and attendees have brought drums to assist in leading chants.

The newest chant was born from the mouth of a rabid fan featured in a surreal supercut of fan reactions that went viral. (The video also features a dancing robot wearing a jersey emblazoned with the Kalshi logo, the online predictions market that lets users bet on the NBA, sure, but also on what day the U.S. will bomb Iran.)

It pretty much instantly caught fire; my city councilman Chi Ossé posted a video with the slogan, while watching the second game’s nail-biter of a win. Shekar Krishnan, a city councilman from Queens, walked onto the main stage at Gov Ball to lead the crowd in a rousing rendition of the chant.

Beyond the rhyme scheme — which, if we’re being honest, is a little bit difficult to nail — what made this chant catch on so fast is its ability to capture a certain ineffable quality of New Yorkiness. There’s diversity, there’s humor — I’m sorry but it is very funny to name two of the major Abrahamic religions with pride and then ignore the one practiced by the majority of Americans in favor of a fashion designer — and there’s a sense of unity as the city rallies behind its long-losing sports team.

Spike Lee is driven through a crowd of Knicks fans shaking hands like he’s the pope. Photo by Adam Gray/Getty Images

And, at a time of rising antisemitism and just generally bad PR for the Jews, I am heartened to see the city embrace its Jewishness.

Bagels have long been a metonym for the city, and a source of great pride and snobbery for its residents, a food not incidentally rooted in Jewish history. Jews run some of the city’s most beloved neighborhood institutions. They have represented New York on the page and the screen — think Nora Ephron, Fran Drescher, Leonard Bernstein and Woody Allen (for better or for worse). Jews have imparted a Jewish humor, sensibility and even accent that have so shaped the city that they are now basically synonymous. I cannot tell you how many people I’ve met who are not Jewish, but feel as though they are by virtue of growing up in the city.

This hasn’t always been a positive thing. Sometimes equating New York with Jewishness has been used as a sort of racist dogwhistle; Mitch McConnell, for example, asked voters whether they really wanted “somebody from New York” to “set the agenda” as a way of signalling that Chuck Schumer is too Jewish, too liberal, too out of touch with real Americans — in short, the same antisemitic “rootless cosmopolitan” stereotype that has long motivated hatred against Jews.

Of course, the chant isn’t magical, and many of the now-familiar political dynamics came into play. Some communities of Jews are at odds with the way the city is shifting, particularly with the election of Zohran Mamdani, and some posts of the chant have comments from Jews annoyed at being lumped into the same cultural moment as a mayor they see as their enemy. (“Hi, we’re actually humans, not baked goods,” wrote one user. “We’re currently experiencing the highest rate of hate crime in the city. This isn’t cute.”) And, on the flip side of the political spectrum, other commenters accused those spreading the chant of doing “full on genocide rehab,” seemingly for merely mentioning Jews in a positive context.

But however online commentators want to spin the chant, the reality on the street is pure hype. As the rapper Fat Joe put it when interviewed at Madison Square Garden after the game: “I seen Hasidic Jews break dancing with Black kids. This is the greatest unification of the city since 9/11.” (Video proof bears this out.) Somehow, even the local Hare Krishna gathering got in on the Knicks mania.

That’s the true beauty of the city’s diversity — everyone lives together regardless of their political disagreements. And they can still unite in a common cause: the Knicks.

The post ‘My mayor Muslim, my bagel Jewish’ — the Knicks chant capturing New York’s soul appeared first on The Forward.

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West Point graduated more Jewish cadets this year than ever before, official says

The very first class at the U.S. Military Academy at West Point in 1802 consisted of two graduates, one of whom was a Jew named Simon Levy who served briefly in the U.S. Army  Corps of Engineers before passing away at the age of 33. Levy was accepted into the academy based on his skill in mathematics and the strength of his ”good conduct” at the Battle of Maumee Rapids, one of the last skirmishes in the Indian War in Ohio in 1794.

Catherine Brodsky, left with her twin sister Claudia, right, displaying their second lieutenant bars. Courtesy of Catherine Brodsky

This year on May 23, according to Col. Benjamin Wallen, a lay Jewish leader involved in the West Point Hillel chapter and the academy’s Jewish choir, 30 Jewish cadets graduated from the academy. Though West Point’s Public Affairs Office said it couldn’t confirm the number of Jewish cadets because the military academy “does not track or maintain official data on cadets’ religious affiliations, Col. Wallen said the Class of 2026 had the most Jews in West Point’s 224-year history.

Asked what accounted for the upsurge in Jews at West Point, Wallen said the Oct. 7 Hamas attacks and the rise in antisemitism are likely factors.

“This is one place that none of that has reared its ugly head,” Wallen said of the ubiquitous campus demonstrations against Israel. “Not a hint of it. Because that’s just not who we are. There’s no place for hate of any kind at West Point.”

Wallen, a Jewish officer with 30 years in the Army, is a civil and environmental engineering professor at West Point and also serves as Associate Dean for Faculty Development. He called West Point “a wonderful place to be Jewish and to serve your country.”

Two of the grads in the Class of ’26 are twin sisters from Millburn, NJ. Catherine Brodsky is headed to Duke Medical School to become an Army surgeon. Her sister Claudia is bound for Anchorage, Alaska, where she’ll serve as a logistics officer.

“I had the most amazing time at West Point,” Brodsky told me over the phone from Budapest, where she and her sister are visiting. “I’m very grateful for it. I think it was really instrumental in challenging me and making me grow as a person and as a leader.”

Ron Chajmovic and Rabbi Lawrence Haijoff Courtesy of Rabbi Lawrence Haijoff

The newly minted second lieutenant said the Jewish cadets had a deep sense of community.

“We had a lot of events that kept us close-knit, like choir and various trips,” she said. “Celebrating the holidays together was really important.”

Rabbi Lawrence Hajioff, a professor of Judaic Studies at Stern College for Women in Manhattan who conducts extra-curricular classes at West Point,  hosted the Jewish cadets at his home in nearby Monsey during Jewish holidays and Shabbat.

“They really are the most remarkable bunch of men and women,” Hajioff said. “From my talking to the students, I’d say there’s definitely been a shift of young men and women wanting to protect this country.”

Rabbi Hajioff posted photos on Instagram of the baccalaureate service for Jewish cadets at which the Jewish choir performed. One photo showed him standing next to Ron Chajmovic of Chagrin Falls, Ohio, in his dress whites.

Lt. Chajmovic, who attended Georgia Military College before arriving at West Point, is headed to helicopter flight school, Hajioff said. His older brother Yoni is in the Israel Defense Forces and is currently stationed in Gaza according to their grandfather, Paul Chajmovic. The elder Chajmovic, who is about to turn 80, served in the Israeli air force during the Six-Day War.

“I miss it, believe it or not,” he told me. “I would volunteer again but I’m too old.”

Chajmovic’s other grandfather came from Israel to West Point for the graduation ceremony.

Yonah Mowery displaying his appointment letter Courtesy of Yonah Mowery

West Point’s Class of ‘27 and Class of ‘28 both have 27 Jewish cadets, according to Col. Wallen, though he said that Jewish representation is down in the Class of ’29, which he said has 17 or 18 Jews.

The Class of ‘30 will include an 18-year-old graduate of a Jewish day school in Nevada. Yonah Mowery arrives at West Point on June 29 to start six weeks of basic training. Mowery is a graduate of the Adelson School in Las Vegas, which was started by the late Sheldon Adelson, the Jewish casino billionaire and Netanyahu supporter. Mowery ran cross country, played basketball and swam on his school team. He took 10 advanced placement classes and participated in Moot Beit Din, a student competition based on rabbinical court.

“I know that by being in the American military, I will be defending not just Jews in Israel but Jews around the world because the United States is a major world power,” Mowery told me in a telephone interview.

The Mowery family has a long history of military service. His paternal grandfather served in the U.S. Navy during the Vietnam War. His grandfather’s uncle, Mowery said, was among the American soldiers who helped liberate Dachau. And there were 13 Mowery men who fought for the Union and perished at Gettysburg.

“The more Jews we have in the American military, the less alone we all feel,” Mowery said. “It’s an honor to be in the United States military as a Jewish kid, especially since this country is founded on Jewish and Christian values.”

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The visionary Jewish poet who survived the Holocaust but not its aftermath

Paul Celan: A Life
By Anna Arno
Translated by Soren Gauger
Belknap Press/Harvard University Press, 416 pages, $35 

During a 1969 poetry reading in Israel, Paul Celan’s audience requested “Deathfugue,” his most famous poem. With its hypnotic images of death as “a master from Deutschland,” prisoners drinking the “black milk of dawn” and smoke rising to “a grave in the clouds,” it remains one of the most powerful artifacts of the Holocaust.

But like a rock star weary of endlessly repeating his greatest hits, Celan declined. Instead, he offered other poems, scorned by some commentators as “hermetic, esoteric, divorced from reality.”

So we learn from Anna Arno’s intelligent, intricate biography, Paul Celan: A Life, ably translated from the Polish by Soren Gauger. Interweaving literary criticism with Celan’s life story, Arno quotes liberally from Pierre Joris’ English translations. Even so, she can’t quite do the work justice. In translation and wrenched from their poetic context, Celan’s innovative verses, credited with a radical remaking of the German language, come across as cryptic and impenetrable.

Arno covers Celan’s schooling, wartime experiences, work history, travels, friendships, psychiatric ordeals and overlapping romantic interests, at times departing from strict chronology. Though defensible, the narrative strategy renders the book somewhat convoluted.

One thread is Celan’s intermittent, decadeslong involvement with the accomplished Austrian poet and novelist Ingeborg Bachmann. That relationship, more passionate and enduring for Bachmann, preceded his mostly happy marriage to the French artist Gisèle Lestrange and continued during it. In an odd twist, Bachmann and Lestrange, bonded by both their love for Celan and their anxiety about his well-being, developed “a kind of impossible sisterly friendship.”

Despite Celan’s devotion to his wife, “other women,” Arno writes, “were always drifting through his life.” A chapter toward the end of the biography details some of Celan’s most important romantic relationships. Other chapters focus on his inventiveness as a translator and his worsening mental illness.

Celan was born Paul Antschel in 1920 in Czernowitz, Romania (officially Cernăuți, and now Chernivtsi, Ukraine) on the fringes of the recently defunct Austro-Hungarian Empire. The French-sounding Celan is a pen name, an anagram of Ancel, a Romanian version of Antschel.

Celan’s parents were German-speaking Jews, and German was Celan’s native language. But he was a polyglot, a talent that shaped his poetry and enabled his career as a translator. Along with Romanian, in which he wrote some early poems, and French, the language of his postwar life in Paris, he learned Russian (under Soviet occupation) and English. He had at least “a passive knowledge of Yiddish,” picked up enough Hebrew for his Bar Mitzvah and studied Italian, Latin and Greek. “His intellectual ease gave him a sense of superiority,” Arno writes.

World War II interrupted Celan’s medical studies in France, and back home he enrolled in Romance language courses. The Soviet occupation was brutal but, for Jews, the Romanian fascist regime that succeeded it was worse. Celan’s parents were deported and died in a Nazi labor camp. Celan, separated from them, survived forced labor, but remained “wracked with grief” over his parents’ fate. He would describe “Deathfugue,” written in 1945, as his mother’s epitaph and grave. The poem may have influenced Theodor Adorno, who famously described poetry after Auschwitz as “barbaric,” to modify his views.

After leaving a ruined Czernowitz for Bucharest, where Celan translated, wrote poetry, flirted with Surrealism and “bounced from one relationship to the next,” he traveled to Vienna. “Young, dashing, full of charm,” he eventually settled in Paris and became a naturalized French citizen. But he chose German as his poetic language, despite the emotional dissonance that entailed.

Over the years, he traveled to Germany to read his work and accept prizes. In the process, he developed relationships with leading postwar German writers, including Heinrich Böll, Hans Magnus Enzensberger and Günter Grass. But the 1950s were a tricky time. “He could have crossed paths with a murderer at every step,” Arno writes.

Celan recoiled viscerally at what he saw as persistent antisemitic currents in German culture, which hadn’t yet reckoned with the magnitude of Nazi crimes. He interpreted bad reviews as instances of antisemitism, and Arno suggests that he wasn’t always wrong.

Even more traumatic were accusations of plagiarism leveled against him by Claire Goll, the widow of Yvan Goll, whose poetry he had translated. Arno describes the charges as both malicious and baseless, and “probably an act of revenge for her spurned advances.”

They nevertheless affected Celan’s reputation and threatened his health. “Claire Goll’s smear campaign was to become the main cause of the poet’s mental breakdown,” Arno asserts. It’s a strong statement. Certainly, he had endured other losses: the murder of his parents, the death of his day-old infant son, François, after a botched delivery.

On the cusp of middle age, Arno reports, Celan experienced bursts of paranoia. “He could not always separate justified precautions from obsessive mistrust, vigilance from a fit of persecution mania,” she writes. “His deeply buried despair, moral severity, and tempestuous personality all caused sudden and violent fits.”

In 1962, he had what Arno calls “his first bout of psychosis,” which included hallucinations and violent episodes. He was hospitalized and medicated and underwent psychotherapy. Insulin injections, a since-discredited treatment, damaged his motor skills. Even during his hospitalizations, he continued to write poetry. (His productivity in the throes of mental health crises calls to mind Sylvia Plath.)

Arno, noting that Celan’s medical records remain sealed and his journals unavailable, doesn’t offer a diagnosis. The hallucinations and paranoia suggest schizophrenia, but Arno also mentions mania and depression, along with numerous suicide attempts. He tried his best to stay connected to his only child, Eric. But his instability cost him many friendships and ultimately his marriage.

In 1970, the 49-year-old poet drowned himself in the Seine, joining a sad company of writers who survived the Holocaust but not its emotional aftermath. What exactly triggered Celan’s suicide is impossible to know. Arno says only: “He was no longer capable of supporting the weight of the past as it flushed to the surface.”

The post The visionary Jewish poet who survived the Holocaust but not its aftermath appeared first on The Forward.

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