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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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Is there life after Lubavitch?
Schneur Zalman Newfield knows as well as anyone what it takes to leave Orthodoxy. In his new memoir, Brooklyn Odyssey, he likens his transformation from Hasidic to secular to a butterfly’s metamorphosis. “At one stage it is clearly a caterpillar; at another it is a butterfly. But when exactly did it shift from one organism to the other?” he asks. When exactly does a Hasidic Jew become someone who prays with egalitarian minyans and protests with Jews for Racial and Economic Justice?
Newfield, a 44-year-old sociology professor at Hunter College, has been asking that very question for years. For his first book, Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism, Newfield interviewed 74 ex-Lubavitch and ex-Satmar Hasidic Jews to analyze what it means to leave Orthodoxy. Brooklyn Odyssey brings that sociological scrutiny to Newfield’s own life.
But the memoir is much more readable than the academic book that preceded it. Newfield renders vividly what it’s like to be an 11-year-old boy running amok in Crown Heights, the nerve center of the Lubavitch Hasidic universe, while rebbe Menachem Mendel Schneerson, the lionized leader of that community, was still alive. He also captures the feelings of a twentysomething ex-Hasidic virgin at Brooklyn College. After his mom reacts coldly to the news that he has shaved his beard, Newfield writes that he “felt like a Lubavitch mitzvah tank, one of those converted Winnebagos, had just rolled over my chest.”
I spoke with Newfield to see how he views the risk factors for leaving Orthodoxy, and how the Haredi world’s treatment of these people might be changing. The following conversation has been edited for length and clarity.
Lauren Hakimi: There are already so many memoirs out there about people’s journeys off the derech [out of Orthodoxy]. What did you think was missing from the OTD genre?
Schneur Zalman Newfield: None of the memoirs that are out there really captured the experience of growing up in the Lubavitch community, especially the Lubavitch boys’ environment.
Also, OTD memoirs tend to describe growing up in a very geographically constrained area. My experience is very different from that. A big part of my experience in Lubavitch was traveling around the world doing outreach work. Being exposed to the world and grappling with an awareness of other people was a big part of my process of leaving the community. There’s whole chapters in the book on my experiences visiting Russia, living in Singapore, living in China, living in Argentina.
Most of the OTD memoirs describe very stark breaks with people’s families once people left the community. In my last book, Degrees of Separation, I found that many people who grew up Lubavitch and Satmar who left the Hasidic community still maintained ties with their family. Sometimes those are very painful ties, but still, they are ties. That’s very much my own experience. A big part of my process of deciding to leave the community was complicated by the fact that I had a very loving and warm relationship with my family.
Lubavitch is as strict as other ultra-Orthodox sects, but its emphasis on kiruv [missionary work to encourage non-Orthodox Jews to become Orthodox] exposes Hasidim to secular Jews at young ages. How did your international travels affect your exit journey?
I was profoundly influenced by the people that I encountered. Especially in my late teens, my early 20s, once I was already reading a lot of secular books secretly on my own, I was very interested to learn more about the outside world. I think that really opened up new vistas for me that had I stayed in Crown Heights would have been much more difficult, if not impossible, for me to access.
In the very beginning of the book, there’s a photo of you and your family at your daughter’s bat mitzvah. Why was it important for you to include that?
A part of what I’m trying to convey is the fact that there is life after people leave the community. The narrative within the ultra-Orthodox community is that ‘we have such a great life, and we know the truth, and if anyone is crazy enough to leave the community, their life is doomed, and they’ll all become drug addicts.’
This is a propaganda message that the community employs in order to scare people and prevent them from even thinking of trying to leave. Many people who leave the community, yes, they face challenges, but many, if not most of the people who decide to leave the community eventually find their way in the broader society and are able to establish healthy and meaningful lives on the outside.
I wanted to highlight that about my own experience. Yes, there were real challenges, and that’s certainly part of what I talk about: the mental health issues I struggled with, the challenges related to maintaining a loving relationship with my family. At the same time, I was able to establish a healthy and meaningful life on the outside.
In Degrees of Separation, you draw a distinction between intellectual and emotional reasons for leaving Orthodoxy, but in your memoir, the intellectual and emotional seem to come together, like when your sadness over your younger brother Shimmy’s death makes you question God. I’m wondering how you view those two factors in the context of your own path.
To be clear, even in Degrees of Separation, I argue that everyone who leaves the community has both intellectual and social-emotional reasons for doing so. It’s simply a question of which of these aspects of their experience they tend to focus on. Most people tended to focus on one versus the other. This is not the full picture. The people who were talking about their intellectual disagreements with the community also experienced some kind of disenchantment or social-emotional issues related to their community. Same thing for people who talked about their social-emotional reasons for leaving.
When I thought about leaving, and then even after I left, when I thought about my experience of leaving, I did tend to describe it in intellectualist terms. In fact, early on when we were dating, my now wife asked me if Shimmy’s death played a role in my experience of leaving. I said, ‘No, I don’t think that that had anything to do with it.’
Only years later, after I was doing my academic work and thinking much more rigorously about all of these issues, did I realize that Shimmy’s death had a profound influence on my religious evolution. That, and the death of the Lubavitcher rebbe, who we were taught to believe was the messiah.
After you shave your beard, your mom sends you and your brother to a rabbi who tries to convince you to become more religious again. As someone who researches journeys out of Orthodoxy, what do you make of that intervention?
It is very common for parents, relatives, neighbors, to try to connect the person who’s thinking of leaving with some rabbi whose mission is to quote-unquote straighten the person out. In a sense, it’s kind of remarkable that there was only one intervention in my case.
Sometimes, these interventions are carried out under the guise of mental health. There’s a therapist, a psychologist, a social worker, or someone who doesn’t have any mental health training but purports to be a mental health professional. They often basically argue that for your own mental health, it would be best if you would come back to Orthodoxy.
The rabbi I was sent to had been my teacher for several years. When I had him as a teacher, I thought that he was this brilliant guy, charming and charismatic. But when it came to this interaction, where he was basically trying to convince me to remain Orthodox, he was very plebeian in terms of the arguments that he was making, and his general attitude of disdain for me, for non-Orthodox forms of Judaism, and for secular knowledge in general.
Do you think that if you were going OTD today, as opposed to 20 years ago, the Orthodox net might have done a better job trying to catch you?
I think the ultra-Orthodox community has become more aware of the fact that large numbers of their members are leaving and that they need to do a better job of trying to respond to it.
Each individual religious community responds in a somewhat different way. So it’s hard to make generalizations, but it definitely seems that the ultra-Orthodox community is trying to respond to this issue in a more sensitive and thoughtful and humane way than they were doing, let’s say, 20 or 30 years ago.
Me and other scholars have also noted a rise of quote-unquote ‘modern’ ultra-Orthodox people.
I sometimes stay in Crown Heights for Shabbos with my family and go to shul with one of my brothers in law. I go to this one particular shul, and there’s a bunch of people who have trim beards, or something’s going on with their beards, not quite the way nature intended. They’re going to shul every Shabbos, they send their children to Lubavitch schools. In a lot of significant ways, they’re enmeshed in the community, and they’re recognized as being full-fledged members of the community, yet they’re living a kind of Lubavitch lite.
So yes, I think if I was leaving today, or if I was living in the community today, it’s hard to say exactly how things would end up. But I didn’t grow up in the community today. I grew up in the community 30 years ago, and my story is my story.
The post Is there life after Lubavitch? appeared first on The Forward.
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Homeland Security hires social media manager whose posts raised alarm for promoting ‘white-nationalist rhetoric’
(JTA) — The Department of Homeland Security has hired a new digital communications director whose social media content for the Labor Department reportedly raised alarm bells inside the department and beyond for promoting white supremacist rhetoric.
Peyton Rollins began his new role at Homeland Security this month, The New York Times was the first to report this week. Tricia McLaughlin, the Homeland Security spokeswoman, did not confirm the move to the newspaper, but Rollins’ LinkedIn profile shows that he began working at the department this month.
Rollins, 21, has been identified as the staffer responsible for posts at the Labor Department that have been decried as making veiled antisemitic and racist allusions. He also claimed credit for a large banner of President Donald Trump’s face that was hung from the Labor Department’s headquarters, which its critics said echoed fascist stylings.
During Rollins’ time at the Labor Department, its social media pages have featured a range of slogans including “the globalist status quo is OVER,” “PATRIOTISM, NOT GLOBALISM” and “Patriotism will Prevail. America First. Always,” which featured an image of an American flag with 11 stars, the number that appeared on some Confederate flags.
One post on X in November, which featured the phrase “Americanism Will Prevail,” spurred hundreds of negative comments because it appeared to use the same typeface used on the original cover of “Mein Kampf.”
Staffers at the department were alarmed, according to the New York Times. “We’re used to seeing posts about things like apprenticeships, benefits and unions,” a former employee, Helen Luryi, told the newspaper. “All of a sudden, we get white-nationalist rhetoric.”
In his new role, Rollins will oversee the Homeland Security social media accounts, including its X account which has been accused of tweeting antisemitic dog whistles.
Rollins joins a growing list of hires under the Trump administration who have faced allegations of promoting extremist rhetoric.
In March, DHS hired speechwriter Eric Lendrum, who has previously promoted the “Great Replacement” theory and likened conservatives in the United States to Jews in Nazi Germany. In May, the Pentagon also appointed Kingsley Wilson, who has repeatedly echoed antisemitic rhetoric online, as its press secretary.
Last year, the appointments of Darren Beattie as the acting undersecretary of state for public diplomacy and public affairs in February and Paul Ingrassia in May to a senior legal role drew criticism for the pair’s relationships with white supremacists.
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The Israeli government wants you to stop calling Oct. 7 a ‘massacre.’ Yes, really.
The Oct. 7 attack was a massacre. But Israeli authorities would prefer you not call it that.
The Prime Minister’s Office demanded that a bill establishing a national memorial for the incursion remove the term “massacre” from its title, with Minister Mickey Zohar explaining that since Israel is “strong,” no one can “massacre the people of Israel.”
In other words: To accurately describe what happened when Hamas struck Israel on Oct. 7, 2023 —killing almost 1,200 and kidnapping 251 hostages — is unpatriotic, signals weakness, and is, somehow, leftist.
This is not really a matter of semantics. It’s an attempt to control language in order to distort reality. And it’s tied to the Netanyahu government’s vast project of evading accountability for the many military and political failures that contributed to the horrors of Oct. 7.
Their method is time-tested. Early versions of it appear in classical sources, in which rulers often rename actions to soften their meaning.
King Saul masks disobedience as a religious act. King David cloaks the fact that he planned the death of his romantic rival Uriah in the language of war.
Ancient Greeks observed that political conflicts alter not only reality but also the meaning of words. Thucydides described how during civil strife, recklessness was called courage, moderation was branded as weakness, and caution was treated as betrayal, illuminating how language could be inverted to serve passion and polarization.
In ancient Rome, the phenomenon assumed a more formal character. The emperor Aurelian gave himself the title restitutor orbis, meaning “restorer of the world”; he framed a series of brutal conflicts he embarked on to reunite the Roman empire as an act of correction, rather than conquest. It was a formulation that wrapped violence in a mantle of legitimacy and proper governance.
As political systems evolved, so did linguistic sophistication. During the French Revolution, the Reign of Terror was overseen by a body called the Committee of Public Safety. The Nazi regime called its deportations of Jews to concentration camps “resettlement” and described some executions as “special treatment.” Stalin did not cause famine; there were “grain procurement difficulties.” Mao Zedong did not preside over catastrophe; he launched a “Great Leap Forward.”
George Orwell identified this mechanism with unmatched clarity in his novel 1984. His fictional government’s “Ministry of Truth” serves the function of degrading language until truth becomes inexpressible, with the slogan “War is peace. Freedom is slavery. Ignorance is strength.”
The contradictions are deliberate. Their purpose is to train citizens to accept inversion and surrender their independent grasp of reality.
Orwell’s deeper insight was that the corruption of language precedes the corruption of politics. When words lose precision, accountability dissolves. Reality becomes malleable, and loyal followers will believe whatever they are told. If aggression is always “defense,” repression always “order,” and censorship always “responsibility,” there is little limit to what rulers can do.
The American novelist Kurt Vonnegut put it even more sharply — beautifully, even — in 1973’s Breakfast of Champions: “In nonsense is strength.”
This phenomenon is not confined to totalitarian regimes. Democracies, too, are tempted to soften language when confronting failure. Even — and perhaps especially — in Israel.
Thus, the killing of civilians becomes “harm to uninvolved civilians,” phrasing that distances attention from human reality. Torture becomes “moderate physical pressure.” Extrajudicial killings become “targeted prevention.”
Set aside the question of whether these measures are ever justified: It’s essential to note that the language itself undergoes distortion for political ends.
The Netanyahu government has a specific goal behind this approach. Avoiding the word “massacre” in describing Oct. 7 fits into its broader strategy of evading responsibility for the disaster itself.
Netanyahu has refused to accept any blame since the first hours after the attack, including by arguing that no investigation into his actions could take place during wartime, while prolonging the war as much as possible. At the same time, his allies attacked the Supreme Court to justify avoiding a state commission of inquiry with real authority.
To refuse to call Oct. 7 a massacre is to suggest it was somehow less brutal or devastating than it was. So let us dispel the nonsense.
A massacre involves the deliberate killing of a large number of defenseless people. It does not imply permanent strategic defeat. It does not preclude a military response afterward. It does not suggest inherent weakness. It describes a specific act: the intentional slaughter of civilians under circumstances in which they cannot defend themselves.
On Oct. 7, 2023, armed Hamas militants invaded Israel and committed a massacre, almost unopposed by Israeli security forces, in a crushing national collapse. Families were shot in their homes. People were hunted down, executed, or burned. Hostages were taken. Most of the victims were civilians. It was hours before the public heard anything from the shell-shocked Netanyahu.
Call it what it was. Truth combined with moral clarity, over time, are a nation’s deepest source of strength. Resistance to accurate language serves to dull the recognition that something profoundly shocking occurred — something that demands deep reckoning and change, not a continuation of the morally bereft and misleading status quo.
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