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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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Can Netanyahu win again? The secret to his political survival – and why it may finally fail him
Israeli Prime Minister Benjamin Netanyahu was once dubbed “King Bibi” for his remarkable ability to win elections, starting with his surprise victory in 1996 at age 46. The number of political rivals who have risen and fallen during his decades in power is almost impossible to count.
But with the Oct. 27 election just days away – three years after Israel’s worst security failure under his watch and amid deep divisions at home and declining international support — could this finally be the 77-year-old Israeli leader’s last stand?
Recent polls show Netanyahu’s Likud party trailing former military chief Gadi Eisenkot’s Yashar party. Several right-wing and religious parties are also polling below the 3.5% threshold needed to enter the Knesset, threatening to waste thousands of votes that Netanyahu may need to secure a majority. Meanwhile, the opposition appears more organized and motivated than in previous elections, posing a serious threat to his nearly two-decade dominance of Israeli politics.
Netanyahu has spent much of his political career proving predictions of his demise wrong. In 2015, he defied polls and led the Likud Party to a surprise victory after warning on Election Day that Arab voters were heading to the polls in droves. In 2021, after 12 consecutive years as prime minister, he was forced into the opposition by an unlikely coalition led by Naftali Bennett and Yair Lapid. He returned to power less than two years later, almost immediately igniting mass protests over his judicial overhaul agenda, which his rivals said would concentrate power and eviscerate Israeli democracy.
Then came Oct. 7, the deadliest attack on Jews since the Holocaust. Israelis were furious over the security failures that allowed Hamas to breach the border and kill about 1,200 people. Families of hostages demanded the immediate return of their loved ones, and even longtime supporters questioned whether he could remain prime minister after the end of the military campaign in Gaza.
Netanyahu’s political future appeared bleak. Mazal Mualem, a political commentator and author of Cracking the Netanyahu Code, said in an interview that everyone close to Netanyahu whom she spoke with in the weeks after the attack believed it was over. “Bibi was the only one who thought he would survive,” she said, using Netanyahu’s nickname.
But Netanyahu refused to resign. He kept his right-wing coalition together through the war in Gaza, survived nationwide protests and hearings in his ongoing corruption trial. In a remarkable political achievement, he became the first Israeli prime minister in more than 50 years to lead a government through its full four-year parliamentary term — something he himself had never accomplished before in his long career.
How did Netanyahu survive?

In interviews with the Forward, Mualem and another Netanyahu biographer, Anshel Pfeffer, reflected on how Netanyahu has survived when his political career appeared doomed. They offered different explanations, but agreed on one thing: Netanyahu can never be counted out.
Pfeffer, a correspondent for The Economist and author of Bibi: The Turbulent Life and Times of Benjamin Netanyahu, said that while there’s “no equivalent” to his political instincts and campaign skills, Netanyahu also lacks certain human instincts, including “shame” and “introspection,” that might otherwise have forced him to step aside. “He has no shame,” Pfeffer said.
Netanyahu’s ability to hold on to power, Pfeffer added, also relied on a political system he spent decades building, in which the political careers and financial interests of his allies are tied to his success. That helped him keep far-right partners such as Itamar Ben-Gvir and Bezalel Smotrich, along with the Haredi parties, in his coalition despite disagreements over the war and military draft exemptions.
Mualem sees another reason Netanyahu survived: He transformed. “It’s almost as though he killed the old Bibi and a different person was born,” she said.
Netanyahu, once known for his risk-averse doctrine and being at times moderate on the Israeli-Palestinian conflict, became more willing to take bold military action. Under his leadership, Israel killed the leaders of Hamas and Hezbollah, launched strikes against Iran and expanded its military presence in Gaza, Syria and Lebanon. Mualem argued that this transformation helped Netanyahu win back voters who had turned against him after Oct. 7 and strengthen his standing among his political base. “He went to war for himself and for the country,” she said. “He didn’t give up.”
Can he do it again?

Netanyahu is now counting on those same political skills to carry him through another difficult election.
Recent polls show the parties in the anti-Netanyahu bloc holding an average of 55 seats, short of the 61 needed for a majority in the 120-seat Knesset. The two Arab lists — the United List, a coalition of three Arab Israeli parties, and Ra’am, led by Mansour Abbas — are generally counted outside either bloc. But their projected 13 to 15 seats could determine whether Netanyahu’s opponents can form a minority government or at least unite to elect a Knesset speaker from their ranks, giving them significant influence over the legislative agenda. Opposition leaders remain divided over whether they should cooperate with Arab lawmakers.
With little chance of winning over voters firmly opposed to him, Netanyahu is focusing on right-wing voters who supported him in previous elections but are now considering staying home. His goal is to convince them that the alternative to his leadership is too risky.
Netanyahu’s campaign slogan, “It’s the right or Palestine,” is tapping into post-Oct. 7 fears about the establishment of a Palestinian state, warning that an Eisenkot-led government dependent on Arab support will lead to Palestinian statehood. He made a similar claim in 1996 when he suggested Shimon Peres would divide Jerusalem.
Mualem said Netanyahu is approaching this race as if it were his first campaign. “Netanyahu’s secret isn’t magic,” she said. “It’s hard work and a refusal to give up. He never raises his hands in surrender.”
Shalom Lipner, a nonresident senior fellow at the Atlantic Council’s Middle East program, said Netanyahu has another important advantage: As prime minister, he can largely shape the national conversation. When attention turns to issues that expose his political weaknesses, including Haredi military exemptions or his government’s responsibility for Oct. 7, Netanyahu can redirect the focus to Hamas, Iran or other security threats.
Lipner, who served under seven consecutive Israeli prime ministers between 1990 and 2016, compared it to President Donald Trump’s political style. Both leaders, he said, are skilled at drawing attention to issues that favor them.
Earlier this week, Trump endorsed Netanyahu for reelection, giving his longtime ally another opportunity to highlight their partnership in confronting Iran. “If Israel has the wrong leader, which would be anyone other than Bibi, America will have to do this work ourselves, and I am not inclined to do so,” Trump wrote on Truth Social.
Netanyahu seized on the endorsement to rally his base and try to persuade undecided voters that his close relationship with Trump is essential to Israel’s security. “We have a job to finish,” he told Trump during a phone call that was turned into a campaign clip.
Lipner believes Netanyahu’s tactics face greater limits than in previous elections because Israeli voters have become increasingly skeptical and entrenched in their views.
Still, Netanyahu has little reason to stop trying.
Israeli political commentator Amit Segal suggested that the statement about working with Trump for the coming two years was aimed at swing voters tired of Netanyahu, but who “will find it easier to support him for final arrangements for one last job,” with the implicit expectation that this would be his final term.
The day after the election

For both Netanyahu and his opponents, winning more votes on Election Day is only half the battle. The bigger challenge is finding a way to form a government afterward.
Under Israel’s electoral system, the 37 parties running in this election cycle must win at least 3.25% of the national vote to enter the Knesset. Votes cast for parties that fail to cross that threshold do not translate into seats, potentially costing their political allies crucial seats available for redistribution.
That makes the fate of smaller right-wing parties, including one led by retired general Ofer Winter and a reservist-backed, economy-focused party led by former minister Yoaz Hendel, particularly important in determining the balance of power.
Voter turnout and first-time voters will therefore be critical to the makeup of the political map.
Even if Netanyahu does not win 61 seats, he could still benefit if the opposition cannot agree on a government. Polls show that a majority of voters want a different prime minister, but those voters are spread across parties with sharply different ideologies and priorities.
Eisenkot has suggested establishing a minority government with Arab lawmakers abstaining to allow it to be sworn in without formally joining the coalition. Other opposition figures, particularly Avigdor Lieberman, are opposed to alliances with Arab members.
These divisions are Netanyahu’s greatest hope. If the opposition can’t come to an agreement, that could set the stage for another election, leaving Netanyahu as prime minister until a replacement government is sworn in.
Is this his last stand?

All three experts said it is too early to predict whether this election will mark the end of Netanyahu’s career.
“At one point it’s going to be your last stand,” Lipner said. “I just don’t know if this is it.”
“Netanyahu has found so many ways to come back against all the odds against him,” Pfeffer said. “So you certainly can’t count him out, and I’m not going to try to.”
Mualem suggested that even if Netanyahu loses power, he may simply return to the opposition and wait for his rivals to fail. “Netanyahu doesn’t have another life,” she said. “Politics is the only life he has.”
The post Can Netanyahu win again? The secret to his political survival – and why it may finally fail him appeared first on The Forward.
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While AIPAC’s critics rejoice as lobby shifts strategy, its defenders push back
(JTA) — AIPAC’s critics gloated on Thursday after the pro-Israel lobby announced that it was ending direct contributions and candidate endorsements. But defenders of the storied Washington institution pushed back at that characterization, saying instead that the organization had made a smart course correction amid strong political headwinds stoked at least in part by antisemitism.
The American Israel Public Affairs Committee announced the decision in a letter to its members on Wednesday, explaining that the lobby would now shift its focus to mobilizing individual donors. The abandonment of direct PAC contributions and candidate endorsements marks a significant reversal in a strategy that AIPAC launched in 2021, ahead of the 2022 election cycle. The letter informed donors that AIPAC’s super PAC, the United Democracy Project, also launched in 2021, would continue to operate.
The move came in an increasingly tense political cycle for AIPAC, which it called “one of the most challenging environments in recent memory.” The lobby has become a target for progressive candidates, particularly Democratic Socialists of America members, who have sharply criticized candidates who receive donations from AIPAC. In turn, the organization has become a symbol of undue political influence among some voters.
The DSA responded to the lobby’s policy shift by saying that “AIPAC has realized what we all already knew: working people do not want their tax dollars to fund apartheid and genocide.”
Kenneth Roth, former executive director of Human Rights Watch and a staunch Israel critic, wrote that AIPAC’s decision shows that “candidates don’t want its backing,” while the anti-Zionist group Jewish Voice for Peace posted that AIPAC was now deeming itself “too toxic.”
Jeremy Ben-Ami, president of the liberal pro-Israel lobbying group J Street, which has frequently tangled with AIPAC on social media, argued in a statement that “AIPAC can’t save its brand by folding its PAC.” Describing AIPAC as “a once-revered organization,” he said the lobby became toxic not due to its support of candidates but “because of the policies it asks those candidates to defend.”
But those with ties to AIPAC defended the move as one that will actually help the lobby fortify its impact. “It’s a marker of institutional health when they can look around at the reality, see it for what it is and change themselves accordingly,” Jonathan Greenberg, director for combatting antisemitism at Defending Education and a former AIPAC staffer, told the Jewish Telegraphic Agency.
“They recognized that their political ground had shifted and that they needed to change with that shift,” added Greenberg, who served as AIPAC’s Midwest political director until 2011 and ran for state office in Illinois as a Republican a year later.
Calling out what he described as a “horrifying demonization campaign” against AIPAC in Washington, he said he believes that the lobbying group made this strategic decision in an effort to continue operating amid widespread antisemitism.
“The pro-Israel community is still going to be deeply involved in campaigns,” added Greenberg, who identifies as a political conservative but no longer a Republican. “AIPAC is just wisely understanding that the way the organization operates can change, so that it can still be the voice that it’s always been on Capitol Hill.”
Recognizing that the U.S. political landscape is undergoing profound changes amid deep dissatisfaction across party lines, a former AIPAC spokesperson who requested anonymity to speak freely pointed out that institutions must evolve to stay effective. Other major interest groups, such as the pharmaceutical, hospital and real estate industries, are advancing their priorities with a variety of tactics, including lobbying, direct contributions, super PACs and networks of donors, the person noted.
In fact, one point of agreement on Thursday between AIPAC’s supporters and detractors was that the 72-year-old institution wasn’t going anywhere. “Mobilizing greater resources for AIPAC, pro-Israel candidates, and our super PAC is critical,” the AIPAC letter stressed, as it pledged to reinvest in its long-standing network of members nationwide.
“AIPAC staff and local leaders will continue working with you on political fundraising efforts, recommending contributions to candidates who are worthy of your support, and ensuring your resources are deployed in the most effective ways possible,” the letter added.
Indeed, opponents of the lobby indicated that the change in approach did little to satisfy them – and potentially opened up new lines of attack. DSA charged that AIPAC would “try to bankroll the same candidates under a different name.”
“You can’t hide AIPAC,” the DSA added. “The world has woken up.”
J Street’s Ben-Ami maintained that AIPAC’s decision to keep its super PAC even as it dropped its PAC “only doubles down on the dark money politics that helped create its problem in the first place.” Traditional PACs can contribute a maximum of $5,000 to individual candidates in each race, while super PACs can spend unlimited funds to independent political communications that serve to support or oppose candidates. Both have to disclose their donors, but super PAC donors aren’t always transparent about the origins of their money.
Tali deGroot, J Street’s vice president of political and digital strategy, likewise assessed that AIPAC’s influence wouldn’t disappear in the next election cycle.
“Instead, AIPAC’s donors and its super PAC will keep spending heavily in our elections, only now voters will have a harder time seeing where that money comes from,” deGroot said.
Defending Education’s Greenberg acknowledged that AIPAC’s choice to increase its reliance on its super PAC could fuel even more opposition to the lobby.
“But I don’t think fashioning ourselves to placate antisemites gets us anywhere,” he continued. “What we know about antisemites, from thousands of years of dealing with them, is that if we don’t give them this reason, they’ll find another reason.”
The former AIPAC spokesperson said the jury was out on whether the AIPAC pivot would improve its public image. “The question is whether AIPAC’s shift reflects a broader evolution in how organizations and interest groups engage politically, and whether changing its approach will change how the public perceives its influence,” the former spokesperson noted.
This article originally appeared on JTA.org.
The post While AIPAC’s critics rejoice as lobby shifts strategy, its defenders push back appeared first on The Forward.
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UK adopts sweeping measures against antisemitism in schools
(JTA) — The U.K. has adopted sweeping measures to combat antisemitism in English schools, prompting pushback from the country’s largest teachers’ union.
The move came after a new government-commissioned review found that three in five Jewish students reported experiencing antisemitism in English schools. The most common incidents were jokes, stereotypes and comments about Jewish people. About half of respondents who witnessed or experienced antisemitism said the incidents were not reported, most often because they did not think they would be taken seriously.
The government on Wednesday accepted 27 recommendations from the report, including dedicated antisemitism training for leaders and staff, improved recording of antisemitic incidents and moves to build a better understanding of Jewish life, identity and contemporary antisemitism.
The government commissioned the report following a spate of high-profile attacks on Jews in Britain, including an attack on a synagogue in Manchester last year that left two men dead.
The report’s author, Sir David Bell, the vice chancellor of the University of Sunderland and former chief inspector of schools in England, recommended addressing antisemitism distinctly from other forms of racism. He argued that antisemitism was a “uniquely complex” problem because of intertwined racial and religious dimensions, since Jewish identity can encompass both an ethnicity and a religion, along with expressions of prejudice that hold all Jews responsible for the actions of Israel.
The government will also encourage English schools to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism. The definition is supported by many mainstream Jewish organizations and has been adopted by 47 countries, including the U.K., but critics say that it conflates some forms of antisemitism with criticism of Israel.
British Education Secretary Lucy Powell called Bell’s review a “generational moment” and said that “implementation is now my priority.”
However, the National Education Union, the largest union representing teachers, lecturers, teaching assistants and support staff in the United Kingdom and Europe, raised concerns on Wednesday about recommending the IHRA definition for schools. NEU general secretary Daniel Kebede said in a statement that the definition “risks deepening the problem rather than tackling it, and actively undermining efforts to confront antisemitism.”
“The IHRA’s contested framing risks blurring the line between antisemitism and legitimate criticism of the Israeli government and the genocide in Gaza, leaving teachers with uncertainty when they need clarity,” said Kebede. He cited a risk that “children who cannot critically explore issues through classroom discussion will instead seek their answers in online and unsafe groups.”
Kebede also encouraged Britain’s Department for Education to strengthen guidance on all forms of racism, not only antisemitism, saying that 65% of teachers report they have not received any antiracism training in the past year.
The Board of Deputies of British Jews, an umbrella organization for British Jewish communities, celebrated the antisemitism report and the government’s adoption of its proposed measures. The group specifically praised the report’s “clear recommendations that schools and local authorities follow government guidelines by adopting the IHRA Working Definition of Antisemitism as a tool to deepen understanding of contemporary antisemitism.”
“We remain concerned about undue external influence on schools driven by narrow political agendas, and tendentious materials seeping into schools and increasing disharmony, and we will continue to press for vigilance against this,” said the Board of Deputies.
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