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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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They settled in a city where 200,000 Jews thrived. After Kristallnacht, her family fled and she stayed behind.
The City Without Jews: Life and Death in Nazi Vienna
By Douglas Smith
FSG, 560 pages, $37
Several years ago, the historian Douglas Smith, who has won wide recognition for his several books on modern Russia, turned his attention to Vienna and its Jewish community during the rise and fall of the Third Reich. During his research, he discovered the recently published diary and letters of Mignon Langnas (née Rottenberg), one of the few Jews who remained and survived in Vienna under Nazi rule. Gripped by Langnas’ experience of events we have difficulty even now of fully grasping, Smith decided to center his book on this remarkable woman.
It was a brilliant choice: Smith’s new book, The City Without Jews: Life and Death in Nazi Vienna, seamlessly weaves Langnas’ story with the wider account of how Vienna, home to the largest Jewish population of any city in the German-speaking world with nearly 200,000 inhabitants, was declared by Nazi officials, with only slight exaggeration, as Judenrein.

From its fin-de-siècle brilliance in the late 1800s to its fin-des-juifs darkness in the mid-1930s, Vienna was home to both illustrious Jews like Sigmund Freud and Gustav Mahler as well as notorious antisemites like the influential politician Georg von Schönerer and Karl Lueger, the city’s mayor from 1897 to his death in 1910. But antisemitism was a worldview that extended far beyond a political elite. Smith underscores the countless acts of spontaneous antisemitism that erupted in Vienna following the 1938 Anschluss, when Jews were forced to scrub anti-Nazi graffiti from sidewalks and carry pro-Nazi placards. The American journalist and historian William Shirer, on a visit to the city, reported that the Viennese, “usually so soft and sentimental, were behaving worse than the Germans, especially towards Jews.”
Of course, what followed was unspeakably worse. The rapid and rapacious process of Aryanization by the Viennese shocked even German Nazi officials, who hurriedly issued a series of laws and warnings against “wild Aryanization.” The lurid logic of Aryanization, in turn, beggared the Jewish community, making the resolution of the “Jewish question” even more imperative for the Third Reich.
Adolph Eichmann, recently arrived in Vienna, created the Central Office for Jewish Emigration and placed Josef Löwenherz, the director of the Viennese Jewish Community, at its head. Though Löwenherz’s actions were condemned by some survivors after the war, Smith echoes the Holocaust scholar Doron Rabinovici’s conclusion that, while Löwenherz was “co-opted” by the Nazi state, he nevertheless acted courageously in impossible circumstances, saving the lives of tens of thousands of Viennese Jews.
Smith’s account of the evolution of the Final Solution in Vienna, based on an impressive familiarity with primary and secondary sources, manages to be both cogent and comprehensive. What makes his narrative truly compelling, though, is how well he weaves the life of Mignon Langnas into the wider story. Upon settling in Vienna, her family quickly learned German, thoroughly immersed themselves in the literary culture and, despite recurring spasms of antisemitism, thought of Vienna as their home. As Smith observes, the parents’ very choice of “Mignon” as their daughter’s German name, rather than her Hebrew name of Mamcze, signaled their embrace of Viennese Kultur. In 1928, the young woman married Leon Langnas, also a Polish immigrant with whom she had two children, Georg and Manuela. Though they struggled financially, they had no reason to believe that their lives, along with their extended families, would not continue to improve.
Of course, this belief was shattered by the birth of the Third Reich and death of the Austrian Republic. As the prospect of annexation by Nazi Germany loomed, the deep reserves of Austrian antisemitism seeped then burst into public life. In Vienna, the violence of Kristallnacht was far greater and gruesome than in Germany, with dozens of synagogues and thousands of Jewish businesses destroyed, several thousand Jewish residents arrested, and at least 27 Jews murdered and dozens more who took their own lives. As Joachim Fest, a biographer of Hitler, concluded, Kristallnacht was “successful only in Vienna.”

This event persuaded the Langnas family that they had to leave. While fires lit the streets along which roving bands sought out Jews, SS officers came to the Langnas apartment to arrest Leon. He succeeded to hide that night and, at Mignon’s urging, eventually made his way to New York after nearly a year of travails and travels. Mignon then managed the Herculean task of completing the paperwork for the children, who joined Leon in 1940, but refused to leave her parents who could not secure the necessary money and visa.
At this point, alone and anguished, Mignon began the journal that serves as Smith’s window into her life. Over the next four years, what remained of her family, friends, and neighbors were gradually “extracted” — the term of art for the round-up and deportation of Jews by either the SS or Jewish “stewards” employed by the Central Office. Though both of her ailing parents died, Mignon managed to survive through pure luck and sheer will. She leapt at the chance to train as a nurse, a position that not only helped save her from the relentless wave of extractions, but no doubt helped save the lives of many of her patients.
During the final months of the war, when she worked twelve-hour shifts at the Children’s Hospital and Vienna was pounded daily by Allied air strikes, Mignon adopted a mantra: “Don’t think — just don’t think.” If she did allow herself a thought, it was that she wanted to live and see her husband and own children. When the city was liberated in April 1945, slightly more than 5,000 Jews — either employed by the Central Office or married to gentiles — had survived including Mignon, who had lost more than fifty family members. But there was an insurmountable distance between survival and revival.
In June 1946, Mignon arrived in the port of New York City and rejoined her family. Yet she had become a stranger to them — after six years in the US, the children had forgotten not just their German, but mostly their mother as well, and they had become strangers to one another. As she wrote to a cousin, “We are all broken people and nothing happy or bright can resonate in us anymore. I have to cry so much.”
Three years later, Mignon, ill and unable to leave her bed, was admitted to Gotham Hospital where she died a few weeks later. Yet thanks to Douglas Smith’s masterful account, it is not just the horrors Mignon experienced but also the humanity she embodied that will continue to resonate with the reader.
The post They settled in a city where 200,000 Jews thrived. After Kristallnacht, her family fled and she stayed behind. appeared first on The Forward.
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Could a convert’s kid play Jewish geography?
It was, I think, some small measure of divine consolation that the most dispersed minority on the planet got a little game to bring us back together. Yes, I’m talking about Jewish geography — that special small-talk ritual that often follows when two Jews meet for the first time.
It’s a precious thing, finding out that the stranger from across the country is in fact related to your old day-school pal…or went to camp with his sister…or dunked on him one time in a gap-year program basketball tournament. These connections, however stretched, mark our closeness, placing us somewhere on a giant tree of shared Jewish ancestry that, presumably, begins at Sinai.
But Jewish geography never played that way for me. My dad converted — no Jewish friends or family there — and my mom’s relatives were non-observant, leaving me with dangerously few character references outside of my synagogue and day school class. We didn’t do Pesach programs or Camp Ramah — we didn’t even shul-hop. So on NCSY Shabbatons or at Hillel dinners, when everyone else knew someone who knew someone, I didn’t. Like the converts of the biblical desert, I felt I’d always be pitching my tent on the fringes.
Everything changed one day earlier this year when, doomscrolling on X, I came across a post from a user with my last name. I’ve never met another Keene I wasn’t related to, so I followed my curiosity to her profile. Her bio (it’s since changed) read something like: “Best-selling author. Feminist. Jew.” Gobsmacked, I followed her.
A few minutes later, a message arrived. “Holy s—,” Meg wrote, “are we the only two Jews on earth with the last name Keene?” I guess writing for a Jewish publication gave me away. Over DMs, she told me she lived with her husband and two kids in the Bay Area; like my dad, she had converted from Christianity. Her Keene ancestors hailed from the antebellum South; I told her mine fought for the North. We soon pieced together that we were both descended from Mayflower folks — believe it or not, the same one.
At some point, we realized this was the least Jewish game of Jewish geography that’s ever been played. Of course, playing at all was new for both of us. “Because talking about being a convert is discouraged,” Meg said, “and honestly because most people who talk about being converts converted 5 minutes ago, not 20 years, I end up just sitting quietly during Jewish geography convos. I find it interesting that people generally don’t notice.”
A few days later, we picked up the conversation over the phone, when I learned that she made her name writing about wedding planning but had since pivoted to fiction. She’d finished a novel — but was having trouble getting it out, she said, because her characters had been deemed too Jewish by publishers. (Not long after our call, Cousin Meg launched her own imprint, Meg Keene Books, to take the Big Five head on.)
Still, not all the Jewish Keenes were accounted for. A few months later, Meg told me she’d found another. Andrew Keene lives in Tel Aviv, and — here’s a real twist — he didn’t convert. Instead, Andrew told me over LinkedIn this week, his ancestors were Cohens who changed their name. I’d met Kanes, Kahns and Katzes who were at one point Cohens, but never Keenes. Well, unless I counted myself — after all, Cohen is my mother’s maiden name.
Andrew, whose family hails from Wisconsin, said he wasn’t sure how Cohen had become Keene, or why. “But I do know my grandfather had an uncle, Louis Cohen.” Funny he should say so: I’m named after one. His Louis Cohen worked for Pabst Brewing; mine was a dentist. Andrew’s visiting LA next month, and we’re trying to drag Meg down here for a Jewish Keene summit.
I should caveat that my newfound Jewish geography has come at a price. There had been one nice thing about being the sole Jewish Keene family, which was the illusion of brand control. I grew up believing that whatever name recognition Jewish Keenes achieved would begin with our family of five — what could be, unburdened by what has been. Then, this week, I got a text I had never received before: Are you related to Meg Keene?
The answer’s kind of a long story, but it dates back to Sinai.
The post Could a convert’s kid play Jewish geography? appeared first on The Forward.
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Herzog speaks with Jerusalem Reform synagogue leaders, personally checks in with police
(JTA) — President Isaac Herzog called leaders of Jerusalem’s Kol HaNeshama Reform congregation on the eve of the Sukkot holiday to express solidarity following a string of attacks against the synagogue and took the matter up with Israel Police, his office told the Jewish Telegraphic Agency on Sunday.
The call came days after Jerusalem police arrested three minors suspected of involvement in a series of incidents targeting the congregation over recent weeks, including break-ins, vandalism and harassment.
Herzog expressed his “solidarity and support” for the congregation and stressed “the utmost importance of freedom of worship for all in Israel,” according to his office.
Oded Mazor, Kol HaNeshama’s leading rabbi, told JTA that Herzog spoke Friday with him and the congregation’s executive director, Anna Astmaker, describing Kol HaNeshama as “an important and valued Jerusalem institution.”
Herzog “condemned the attacks and the harassment of the community,” Mazor said and welcomed the arrests.
“We thanked him warmly for the call, for his concern and appreciation, and invited him to visit our sukkah during the holiday,” Mazor said.
Herzog called Mazor again on Sunday after speaking with Jerusalem’s police commander, saying police were taking the investigation “very seriously” and examining whether someone else was behind the youths’ actions, Mazor said. Herzog’s office confirmed the follow-up call.
Police said the minors were suspected of property damage and “insult to religion,” and said they would ask a court to extend their detention, Channel 13 reported.
In August, vandals broke into the synagogue, smashed a window and tore down a Pride flag. Weeks later, on Rosh Hashanah, youths threw eggs at worshippers arriving for services after first approaching members of the congregation with comments that Debi Shoua Haim, one of Kol HaNeshama’s rabbis, said were “homophobic and bordered on harassment.”
Around Yom Kippur, the synagogue was targeted three more times. Plates and other breakable objects were thrown through a window. An intruder later broke in and tore down a Pride flag and a rainbow-colored sign reading “Love your neighbor as yourself.” And on Yom Kippur morning, two youths arrived with a large dog and, in apparent mockery, asked to arrange a bar mitzvah for the animal.
Mazor said the congregation had been receiving updates from police but had not been told which of the five incidents the three minors were suspected of involvement in or the precise allegations against them. Officers had also “made a point of checking in with us,” he said, in a bid to maintain good relations with the congregation.
Jerusalem Mayor Moshe Lion condemned the attacks and expressed support for the congregation in a private conversation with Mazor before Yom Kippur, but Mazor said he was disappointed that Lion had not spoken out publicly.
Mazor contrasted Lion’s silence with his public responses to previous vandalism of Orthodox synagogues in the city, saying it was “unfortunate” that a Reform synagogue was being treated differently, and suggested it may reflect the mayor’s political considerations, given the influence of haredi parties in Jerusalem politics.
“When there have been previous incidents of violence and vandalism against Orthodox synagogues in the city, he knew how to show up and take a stand. He knows how to speak out clearly against violence,” Mazor said. “So I’m disappointed that in this case, when it involves a Reform synagogue, things are being handled differently.”
The congregation also asked Herzog to urge Lion to speak out publicly, Mazor said.
“If the city’s leadership does not speak out against violence, then, heaven forbid, it sends a message of acceptance of that violence,” he said.
Lion’s office rejected the suggestion that political considerations explained the mayor’s failure to condemn the attacks publicly at the time. His spokesperson said the city deliberately avoided drawing further attention to the synagogue “so as not to escalate things.”
Lion contacted Jerusalem district police commander Avshalom Peled to request additional forces for the synagogue while also instructing the municipality’s policing division to increase its presence there.
He also issued a statement Sunday condemning recent violence in the city. “I strongly condemn any attack, by anyone, on what is sacred to others, their activities, customs and ways of life,” he said. His office said the statement encompassed the attacks on Kol HaNeshama, though it did not name the synagogue.
Shoua Haim echoed Mazor’s call for public statements from both the government and Jerusalem’s leadership, warning that “this incitement could get worse if we don’t all work together to stop it.”
The congregation invited Herzog to a solidarity event at Kol HaNeshama on Wednesday, organized with Jerusalem communities from across the Jewish denominational spectrum. The gathering will express support for the congregation and opposition to “violence and fanaticism,” Mazor said.
After the first attack in August, members of different congregations, including Orthodox synagogues, joined Kol HaNeshama for a Kabbalat Shabbat service in support of the congregation.
This article originally appeared on JTA.org.
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