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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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The latest victim of the culture war over Israel is a leftwing, lapsed Catholic Bible scholar

The flames of cultural boycott of all things Israeli, Zionist and/or Jewish continue to spread across the European continent.

Yesterday, leftwing Israeli filmmaker Nadav Lapid was prevented from serving on the jury at next month’s international film festival in Marseilles. Though Lapid has loudly denounced the “genocide” in Gaza, his crime — apart from being an Israeli who nevertheless lives and works in France — was that 10% of his most recent film Oui was financed by an Israeli source. (The irony is that the European Union, which Lapid first approached for the financing, refused on the grounds that the film was too anti-Israeli.)

Today, though, the latest victim is neither Israeli nor Jewish. Instead, he is a 76-year-old lapsed Catholic and equally lapsed leftwing extremist who also happens to be one of Italy’s most revered novelists, columnists and translators: Erri De Luca. Once again, it is not just hypocrisy that abounds in this affair, but also irony.

As a student during the anni di piombo, or “years of lead” — the grim period, stretching from the mid-1960s to late-1970s, when Italy was convulsed by political and social turmoil — De Luca became a leading figure in Lotta Continua, one of the militant ultra-leftwing groups. Upon quitting the movement, De Luca also quit the public scene, taking a series of blue-collar jobs, whether as plasterer or construction worker.

By the time De Luca reached his 40s, he also took to writing and has amassed an oeuvre of several dozen books that range across genres and have been translated into several languages; remarkably, he also taught himself ancient Hebrew in the 1980s, while working with a Catholic charity in Africa. It was there that De Luca began to read the one book he found in his room, a copy of the Bible. Fascinated, he acquired three different Hebrew-Italian dictionaries and began to translate the texts on his own. Forty years later, he continues this labor of love, recently publishing his own interpretation of Genesis.

Alessandro Carrera — a friend and colleague who is also a wildly prolific and prominent writer in Italy — told me that De Luca’s approach to the Hebrew Bible “follows Walter Benjamin’s suggestion to translate the Bible as literally as possible, yet without De Luca knowing Benjamin’s essay on translation.”  (When I asked Alessandro how he knew this, he replied “I know that because I asked him.”) But why his fascination with the Bible? De Luca told an interviewer for the French newspaper Libération  that he wanted to grasp “this language which had taken upon itself the weight of the first monotheistic religion.”

This attachment to the Bible, as unwavering as it is unideological, has had perverse and predictable consequences in our current era of sheer thoughtlessness.  Last month, De Luca gave a long interview in Rome to Omer Lachmanovtich, the editor-in-chief of the Israeli daily Israel Hayom. The occasion was his upcoming appearance at the International Writers’ Festival in Jerusalem. Over the course of the conversation, De Luca addressed the war in Gaza and the wasteland wrought by the Israeli military. Yet he refused to describe it as genocide. “Applying it to the war in Gaza is a historical and verbal distortion,” De Luca insisted. “What took place in Gaza is a brutal, modern war, in which the number of civilian casualties is enormous and horrifying because when fighting takes place inside a dense urban space, among schools and hospitals, the population will always pay the highest price.”

Of course, genocide scholars like Omer Bartov disagree, insisting the term is historically, semantically, and legally appropriate. Other critics take issue with De Luca’s understanding of the term “Zionist.”  It is difficult to argue with his observation that “in Italy, and in large parts of the West today, ‘Zionist’ is a curse and an insult thrown at you to mark the boundaries of what is beyond the pale.” But it is far easier to take exception to De Luca’s definition of Zionism as “the simplest and most basic recognition of the Jews’ right to a national home, to existential and necessary defense.” This claim, the Italian writer Cinzia Sciuto remarked, suggests that De Luca is referring “to a reality, a Zionism of the kibbutz, that disappeared decades ago.”

Nevertheless, De Luca holds fast to his conviction, declaring that “I will say it out loud, and I do not care about the price.” The price appears to be a creeping banishment from Italy’s cultural scene. Earlier this month, De Luca’s invitation to speak at a literary festival in Salerno this summer was withdrawn by its directors. My friend Alessandro, who criticized this decision, suggested the festival directors feared a boycott by other writers or disturbances in the audience. “I am quite sure that a lot of people were ready to boo him and maybe force him to leave the stage,” he added, “but I don’t think that anything worse was going to happen.”

No doubt. But perhaps something worse in a different register is happening — namely, losing sight of what De Luca insists upon seeing: the humanity of our fellow men and women. Reflecting on a recent two-week experience on a Médecins Sans Frontières ship darting from one raft to another, all sagging under the weight of refugees desperate for new lives, De Luca writes that the experience had branded him with a single image: “a rope ladder trolling in the void.”

It was on the final step of this ladder that, “one by one, I saw faces pop up, the people climbing from the edge of the abyss to their salvation. Those hundreds of faces: I don’t have the force to hold them back. I’ve simply had the absurd privilege of seeing them. From them I have left only the rope ladder they climbed, half-naked and shoeless, up its wooden rungs.” This experience taught De Luca, who is also a mountain climber, a deeper meaning of the verb “to climb,” one that no peak had ever taught him. It is this way of seeing the world that is paying an even steeper price than a writer’s banishment from a literary conference.

The post The latest victim of the culture war over Israel is a leftwing, lapsed Catholic Bible scholar appeared first on The Forward.

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Antisemitic incidents in Germany remained elevated in 2025, fueled by rise-in far-right cases

(JTA) — BERLIN — The number of annual antisemitic incidents in Germany remains at a high, with right-wing extremism surging, according to a report issued Wednesday by the country’s leading antisemitism watchdog.

An average of 24 antisemitic incidents per day were reported in Germany in 2025, totaling 8,725, about the same as in 2024, according to the report from the Federal Association of Departments for Research and Information on Antisemitism, a nonprofit that is known by its German acronym RIAS. The total has been consistently high since Hamas’ Oct. 7, 2023, attack on Israel, according to the group.

“These are not statistical outliers; it is the grim reality in Germany,” Josef Schuster, president of the Central Council of Jews in Germany, said at a press conference in Berlin announcing the annual tally.

The numbers reflect a concrete impact on Jews in Germany, said RIAS executive director Benjamin Steinitz, who coauthored the report with researcher Bianca Loy. They urged continued funding for programs to report incidents and additional help for victims.

Many documented cases occurred in everyday settings, RIAS reported: In Kehl, four members of the Jewish community were insulted and spat on outside a Jewish prayer room. In Hesse, a rabbi was shoved in a supermarket in front of his children and had his cell phone snatched from him. According to RIAS, the victims in these incidents were blamed for Israeli actions.

But it was incidents with a right-wing extremist background that shot up most, amounting to 807, up from 562 in 2024 – the highest figure since nationwide surveys began in 2020. They outnumbered incidents of a left-wing imperialist (501) and Islamist extremist (166) background.

Right-wing incidents included conspiracy theories, glorification of the Nazi regime, and calls for a repeat of the Holocaust. The incidents also have become more openly violent, researchers said.

For example, a right-wing extremist group in Mecklenburg-Western Pomerania shouted “Jews to the wall” on a bus, mocked the Holocaust and threatened refugees as well as passengers who intervened.

The release of the 2025 antisemitism tally came the same day as a new poll finding a best-ever standing among voters for the far-right party Alternative for Germany. The party’s rhetoric, which includes nativism and calling to move on from the shadow of the Holocaust, has ignited allegations of antisemitism from leading Jewish voices in Germany, even as the party and its defenders say its policies are ideal to keep Jews safe.

The RIAS report found that the internet continued to be a major platform for antisemitism: More than a quarter of all antisemitic incidents (2,314 incidents, or 27%) occurred online, including nearly 43% of documented threats, including death threats. It cited as an example messages received by a Jewish woman that included an image of a Zyklon B canister with the comment “Still in stock.” Zyklon B was the chemical the Nazis used to asphyxiate victims in gas chambers.

Four cases of extreme violence were reported, including a knife attack in February 2025 at the Memorial to the Murdered Jews of Europe in Berlin. The victim, who was Spanish, was saved by an emergency doctor. The perpetrator was sentenced to 13 years in prison in March.

In a recent interview with Deutsche Welle, Schuster said Jewish community members in major cities have told him they worry “about appearing in public as visibly Jewish — for instance, by wearing a kippah or a Star of David as jewelry.” He said the concern is not as acute in less populous areas.

RIAS — which subscribes to the International Holocaust Remembrance Alliance working definition of antisemitism — attributes more than two-thirds of the incidents (68%, or 5,916 cases) last year to Israel-related antisemitism.

Anti-Israel gatherings continued to be major hubs for antisemitic incidents, though the total number of such gatherings dropped slightly to 1,210 (from 1,358 the previous year), according to the report. There was also a drop in incidents at Islamic/Islamist gatherings, to 43 in 2025, down from 58 in 2024.

On the other hand, the number of incidents at gatherings had risen within left-wing extremist circles, from 131 in 2024 to 214 last year; and in the right-wing extremist camp, 96 incidents at gatherings were reported — nearly double that of 2024.

RIAS has rejected criticism by Diaspora Alliance, an international group that addresses antisemitism from a progressive stance, that its data overemphasizes Israel-related antisemitism and underestimates far-right incidents.

This article originally appeared on JTA.org.

The post Antisemitic incidents in Germany remained elevated in 2025, fueled by rise-in far-right cases appeared first on The Forward.

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The manosphere says women owe their husbands sex — Judaism says the opposite

The poll posted by writer Emily May on X asked: “Married women, have you ever said yes to sex because you didn’t want to deal with his moodiness if you said no?”

Over 5,000 people responded. The majority — 72% —  were men, despite the fact that the question was directed at married women. Manosphere influencers, including self-proclaimed misogynist and antisemite Andrew Tate, jumped in to use the post as a proof that women use sex to manipulate men, and generally denigrate any woman who turns a man down. Gendered ideas of marriage and sexual drive — that men need sex physically, that women want to “trap” men into marriage — percolate constantly in manosphere and incel circles, and May’s posts sent the internet into a predictable tizzy.

The question of sex within marriage — how often to have it, whether it requires consent, and whether women owe it to their husbands — has been a matter of debate for, arguably, centuries. Marital rape wasn’t outlawed in all 50 states until 1993. The U.S. imported British common law, in which, as 17th century English jurist Matthew Hale put it, a “husband cannot be guilty of a rape” because marriage means that “the wife hath given up herself in this kind to her husband which she cannot retract.” In short, a wife cannot turn down her husband.

Marital rape is illegal in the U.S. in the contemporary era, but the presumptions that women owe their husband sex have continued. And undergirding all of these assumptions in many of the discussions is a Christian idea of marriage and sex.

In Christian subreddits, people discuss the idea that, in marriage, the two become one flesh, and the women must submit to their husbands, concluding that this means the woman cannot refuse the man as her body belongs to him. They cite First Corinthians 7:4-5, which says a couple cannot “deprive” the other except by mutual agreement to abstain for prayer, and that the “wife’s body does not belong to her alone but also to her husband.”

It says the same of the husband’s body, though few commenters note this line. But in Judaism, this is in fact the main focus. While both religions agree that sex is a fundamental part of marriage, the emphasis in Judaism is not that the wife owes it to her husband. Instead, it’s that a husband owes it to his wife. Within limits.

The Talmud is very specific on those limits. First of all, there are the menstrual purity laws, which forbid sex during menstruation as well as for seven days after the bleeding has stopped, which means that for about two weeks out of the month, observant couples are forbidden from having sex.

More to the point of the current debate, the Talmud — in the Ketubot tractate, dealing with the laws of marriage — also speaks very explicitly to the realities of life: That people get tired, exhausted and aren’t in the mood for intimacy. Still, it says, there are limits on the excuses. And these relate to exactly how taxing one’s job and daily duties are.

The rules are as follows: A man who is unemployed must offer his wife sex every day, because there is nothing exhausting him. Workers or laborers must be available twice a week if they work in the city in which they live. Donkey drivers — e.g. those whose work requires traveling shorter distances — are obligated to offer once a week, while camel drivers, who must travel long distances, must return home and offer their wives sex at least once a month. Sailors must return home to do the same every six months. And students of the Torah may leave home to study for up to 30 days — but they must then spend a full month at home with their wife.

In each of these cases, the wife isn’t obligated to accept any offer of sex; in fact, the wife can give permission for her husband to be gone longer — perhaps to take a job in another city to support the family, which would result in less sex. But she can also demand he stay closer to home so he can fulfill his conjugal duties. Sex is her right, not her obligation.

Her pleasure is also the focus. Men are instructed to court their wives, not simply rush to sex — to learn from “the rooster, which first cajoles the hen and then mates with it.” In tractate Eruvim, a man is not only explicitly forbidden from having sex with his wife without her consent, but also from doing so in any way that causes her discomfort, emotional or physical — e.g. pushing for her consent or making her unhappy, or even having sex that isn’t pleasurable for her.

What is clear from all of the writing is that the presumption of the rabbis is that it is more likely that the man, for reasons of exhaustion or work or even another wife, might avoid having sex with a desiring woman. This isn’t to say that Jewish text is perfect in its conception of women; there are, of course, plenty of other problematic, less empowering ideas about women in Jewish text. A man has a right to divorce his wife, for example, for all kinds of reasons, including spoiling his dinner, while she cannot divorce him. Still, it’s fascinating that the Jewish approach to sex and gender turns the common gender expectations around sex in modern Western society upside-down.

Today, the dominant stereotypes presume men are horny and desirous at all times, and women are far less sexual. Those are not neutral ideas; just looking at the discourse raging online right now, it’s clear those presumptions drive a lot of misogynistic hate, like the idea that women would only use sex as a way to entrap men. People take these gendered beliefs about sex as though they’re unassailable truisms about the world.

But they’re clearly not; for millennia, Jewish culture has believed the opposite. The reality is nothing is so clearcut, and different people of any gender have different relationships to sex, and different libidos. The internet isn’t a great place for that kind of nuance, but maybe — just maybe — if people realized their conclusions aren’t as foundational, or as God-given, as they thought, they might reexamine their assumptions.

The post The manosphere says women owe their husbands sex — Judaism says the opposite appeared first on The Forward.

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