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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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Florida redistricting scrambled the map. Three Jewish Democrats found a way through.
Three Jewish Democratic House members from Florida emerged victorious from their party primaries Tuesday amid a redistricting shakeup that scrambled South Florida’s congressional map and threatened to end some of their political careers.
U.S. Reps. Debbie Wasserman Schultz, Lois Frankel and Jared Moskowitz all won Democratic nominations in newly redrawn districts, each facing different challenges from the new map and their primary opponents.
But their victories only secured their spots on the November ballot. The bigger question is whether they can win reelection under a successful Republican effort designed to flip four Democratic seats. Earlier this year, Florida’s state legislators approved the new congressional lines at the urging of Gov. Ron DeSantis, to increase the number of Republican seats from 20 to 24 of the state’s 28 districts.
The three Jewish incumbents took different routes for survival.
After her old seat was transformed into more favorable territory for Republicans, Wasserman Schultz, the former chair of the Democratic National Committee and one of Congress’ most prominent Jewish members, moved into Broward County’s heavily Democratic Black-majority precincts, raising questions about representation in a district with a large Black population.
Wasserman Schultz’s opponents argued that the seat should continue to be represented by a Black lawmaker. In her victory speech, Wasserman Schultz promised “to work every day to live up to the legacy of Alcee Hastings,” the congressman who represented the district from 2013 until he died in 2021.
Frankel, a seven-term Jewish Democrat and outspoken supporter of Israel, also relocated to the neighboring district and easily defeated Lake Worth Beach activist Victoria Doyle, winning 75% of the Democratic vote. The seat is now ranked solid Democratic, according to the Cook Political Report.
Moskowitz survives the left. Now he faces a Jewish Republican.
For Moskowitz, who was elected in 2022 after Ted Deutch retired to become chief executive of the American Jewish Committee, Tuesday’s outcome is likely just the beginning.
Moskowitz, who built a reputation as an outspoken supporter of Israel and one of the more bipartisan members of the House, defeated Oliver Larkin, a democratic socialist and fierce critic of Israel, by a 63%-37% margin.
Larkin called for ending U.S. military aid to Israel and accused Israel of committing genocide in Gaza. He also associated with popular streamer Hasan Piker, who has been embraced by progressive insurgents even as he has championed terrorist groups as righteous fighters against Israel — leading to accusations he trafficks in antisemitism.
“I’ve taken on extremes in the DSA and won,” Moskowitz said in his victory speech, adding in a post on X: “My condolences to @hasanthehun.”
But the new district with a substantial Jewish population was deliberately drawn to be far more favorable to Republicans than Moskowitz’s previous seat, which Frankel will now represent, making him one of the most vulnerable Democrats in the state this fall.
His Republican opponent, Scott Singer, the Jewish former mayor of Boca Raton, won a five-way GOP primary with 31% of the vote. Singer, a Miami Beach native and Georgetown Law graduate, highlighted his support for Israel and his roots in the district.
This setup will test Moskowitz’s political strength.
“We’re running in a tough district hand-drawn by Republicans to defeat me, but I plan to win that too,” Moskowitz said on Tuesday night.
“People here don’t want ideological purity tests. They want someone who will lower costs, fight for the middle class, and stand up to antisemitism and hate in both parties.”
Fine easily defeats openly antisemitic Bilzerian
Elsewhere in Florida, Jewish Republican Rep. Randy Fine easily fended off a primary challenge that attracted national attention because of the antisemitic rhetoric of Dan Bilzerian, the social media influencer once known as the “King of Instagram.”
Bilzerian had repeatedly attacked Fine as a “fat Jew,” called Judaism “terrible,” promoted conspiracy theories about Jews and said he wanted to “kill Israelis.” In the final days of the campaign, Bilzerian posted antisemitic dog whistles, expressing confidence that each voter in the district “understands the Jewish problem,” and that “a vote for Randy is a vote for Israel.”
The race was one of several Florida Republican primaries that tested whether a growing online movement on the right — hostile to Israel and that has at times slid into outright antisemitism — could translate social media followings into electoral success.
Fine won 57% of the vote, which is located just under the northeast part of the state and includes Daytona Beach. Bilzerian came in second, securing nearly 19%.
The race to succeed Ron DeSantis
A somewhat similar dynamic played out in the Republican primary for governor.
U.S. Rep. Byron Donalds, the Trump-endorsed frontrunner, won the nomination to succeed DeSantis with about 48% of the vote. James Fishback, a 31-year-old investment manager who made opposition to Israel and AIPAC central to his campaign, finished third with about 10%.
Fishback, who ran what The New York Times described as a “rage bait” campaign, promised to pull Florida’s investments from Israel Bonds, criticized politicians who “visit another country” only to end up “kissing a stupid wall,” and associated himself with antisemitic personalities on the far-right.
Donalds, by contrast, has been a strong supporter of Israel, though he voted in 2024 against the Antisemitism Awareness Act, bipartisan legislation addressing rising antisemitism on college campuses. He is now listed as a cosponsor of a modified bill that clarifies First Amendment protections. Born in Brooklyn and raised for part of his childhood in Crown Heights, he has spoken of his familiarity with Jewish communities and has maintained relationships with Chabad leaders in Florida.
He will face former Republican Rep. David Jolly, who won the Democratic gubernatorial primary, in November. Both nominees are outspoken supporters of Israel.
A progressive upset for Senate
The night was not a clean sweep for establishment candidates.
State Rep. Angie Nixon, a new member of the Democratic Socialists of America, defeated Alex Vindman, a Jewish refugee from the former Soviet Union, for the Democratic nomination for U.S. Senate.
Vindman, who became nationally known after testifying during President Donald Trump’s first impeachment, entered the race with greater national name recognition and establishment support. Nixon, who pushed a pro-Palestinian agenda on a state level and actively campaigned with members of the Squad and alongside Larkin, pulled off an upset win, receiving 56% of the vote to Vindman’s 44%.
She will face incumbent Republican Sen. Ashley Moody, who easily won her primary. Moody was appointed to the seat after Marco Rubio left the Senate to become President Donald Trump’s secretary of state.
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I drove a friend to a protest in Jerusalem. Now Israel’s government wants to send me to prison.
‘The people fighting to save Israeli democracy are fighting for the only version of Zionism that can last.’
META: Amit Cahanovich is charged with five counts of joint arson after giving someone a ride to a demonstration where recycling bins were set ablaze.
For nine months I was a political detainee in Israel. My trial is about to begin.
I am as Israeli as they come. My grandparents came to this country — then Palestine, in the 1930s — as Europe began to burn. They helped found a farming village in the Jezreel Valley, Beit Shearim, while most of the family they left behind was murdered in the Holocaust. My late father was a colonel in the Israeli army. I served as a combat soldier in a classified unit, and after Oct. 7, I used my expertise as a data professional to consult for the army during the war. I am married with three young children.
We have no other passports, no other identity than Israeli. But I am now facing charges as an alleged criminal, part of a conspiracy no less — for nothing more than aiding a protest. My story speaks to the lengths of the Israeli government’s efforts to silence dissent.
On Sept. 3, 2025, around the 700th day of the war in Gaza, the families of hostages still held and tortured in Hamas’s tunnels begged Israelis to take to the streets. More than 40 hostages were already dead in captivity, some murdered, some dead from other causes. Like many Israelis, I could not stand by while the government worked to frame this as the families’ private grief rather than a national emergency — anything to delay a reckoning and stay in power a little longer.
I was arrested after a demonstration day in Jerusalem, where a few recycling bins were set on fire — a common occurrence at such protests, before and since. My alleged part is giving a ride to a friend who allegedly lit one of them. Seven of us now face charges that would fit an organized crime indictment. I’m charged with five counts of joint arson, each carrying a sentence of up to 15 years.
I did not know most of my co-defendants. Lawyers call this a legal dragnet, a familiar tool in democracies that are sliding.
For 33 days I was incarcerated in appalling conditions, classified as a danger to the public, moved between three prisons, and even spent one night in a dungeon, for no real reason. After those 33 days, I was released, but remained on house arrest. A probation officer eventually found I posed no danger. The prosecution fought the finding anyway. It took a High Court justice, ruling on a co-defendant’s appeal eight months in, to confirm what we had argued from the start: that “dangerousness” was being used not to assess a threat but to punish us before any verdict. A month after that ruling, I was released.
Since Oct. 7, Jewish terror against Palestinians in the West Bank has surged, met by law enforcement so weak it barely counts as such. Yet dozens of investigators were assigned to the conspiracy cases that included my own, and, according to press reports, the Shin Bet itself took part in interrogations over recycling bins. The Shin Bet, Israel’s equivalent to the FBI, exists to fight terrorism and espionage, not to regulate protest. When a government routes political dissent through its most powerful security service, the question is no longer whether a protester broke a law. It is whether the state has begun treating opposition itself as a threat.
This is not incidental. It is the method of a coalition that unites Prime Minister Benjamin Netanyahu with the heirs of the banned, terrorist-designated Kach movement founded by the radical American-Israeli Rabbi Meir Kahane; and with ultra-Orthodox parties that take state money while keeping their youth from modern education and army service. Together they have spent years capturing the institutions meant to check them, the security services, the state comptroller’s office, a weakened judiciary. None of this happens in the dark. It happens on television, because the government’s allies all but run the news agenda. Nearly all criticism gets folded into “Israel as victim.” Antisemitism, though it does exist, gets invoked even when it doesn’t, as a method to silence dissent internationally. Protesters, including hostage families whose only demand was that the state bring their own home, got called traitors and enemies from within.
Meanwhile war has become the alibi. War in Gaza. War in Lebanon. War in Iran. Every operation begins with tactical wins and promises of strategic victory that never fully arrive. Every day of it was used to postpone the prime minister’s own corruption trial a little further.
In 1938 the Yiddish poet Mordechai Gebirtig wrote “Undzer Shtetl Brent” — “Our Town Is Burning” — about the violence closing in on Polish Jews. It calls out to brothers standing with folded arms, watching the fire instead of fighting it. By the time the song became an anthem, the fire had become a catastrophe. I think about it constantly now, not because I believe Jews are fated to see danger only once it’s too late, but because I fear we are, again, mistaking smoke for weather.
Israel is scheduled to hold elections in late October. Ahead of them, the government’s allies are working to inflame the West Bank, the same cynical mechanism that has worked before: unite a divided public against an external enemy, and postpone the reckoning again. There are even signs that the government could try to postpone the election using so-called emergency regulations or putting up other obstacles. Netanyahu himself once made this exact argument when he demanded former Prime Minister Ehud Olmert resign while on trial for corruption, warning that a leader facing charges can never be trusted to put the country’s survival ahead of his own. He was right then. The dynamic he described is now his own government.
The people fighting to save Israeli democracy are fighting for the only version of Zionism that can last: an independent judiciary, free elections, equality before the law, a state that answers to its citizens rather than demanding loyalty to one man. If this government is not replaced, if it teaches a country that dissent is danger, the price will not be paid only by protesters like me. It will be paid by the dream my grandparents crossed the sea to build.
Amit Cahanovich is a native Israeli, married and a father of three, and an independent data consultant. He recently spent nine months as a political detainee in Israel and is now writing a play based on his experience.
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Whistleblower claims Trump’s campus antisemitism crackdown was a cash grab
A new whistleblower report alleges that the Trump Administration’s investigations into campus antisemitism were merely efforts to extract millions from universities, under the pretense of rooting out hate.
The report, written by the Washington, D.C.-based Government Accountability Project on behalf of former Department of Justice Attorney Haley Van Erem, alleges that the administration’s antisemitism task force carried out “politically motivated” investigations that were “unsupported by facts and contrary to law.” The investigations did not follow proper Title VI procedure, she said, adding that they were opened with predetermined outcomes, and did not respect the First Amendment.
The report has prompted Jewish U.S. Rep. Jamie Raskin (D-Maryland) to initiate an investigation into the allegations. The Nexus Foundation, a watchdog organization dedicated to combating antisemitism and protecting free speech, released a statement supporting Raskin and Van Erem.
This is not the first time Raskin or Nexus have criticized the administration’s antisemitism task force. Many left-leaning Jewish organizations have long criticized Trump’s efforts, with Raskin describing them as “weaponizing, distorting and exploiting the reality of antisemitism to attack academic freedom.”
In a statement to the Forward, the DOJ denied that Van Erem worked on university investigations. “And for all matters, the Department stands behind the integrity of these investigations,” a spokesperson wrote.
According to the report, Van Erem was involuntarily re-assigned from her role as a DOJ Civil Rights attorney to the U.S. Department of Health and Human Services in order to investigate alleged antisemitism at medical schools — a probe prompted by a single New York Post article about protesters shouting “Free Palestine” and wearing Palestinian flags or keffiyehs at a medical school graduation.
Unable to find enough evidence of antisemitism at medical schools, Van Erem said, the task force soon expanded its probe to entire universities to increase the chances of finding it.
“This was one of the first major indications to the DOJ assignees that the investigations were not grounded in law or fact,” the report reads.
HHS did not immediately respond to request to comment.
Van Erem also criticized the administration for breaking the protocol of Title VI investigations, pursuing enforcement before first issuing a finding and allowing universities to resolve issues voluntarily. That enforcement: withholding funds.
To restrict funds, the administration used a separate legal mechanism that allows them to do so “for convenience” and for “not satisfying purpose.”
“The funding suspensions were meant to be coercive irrespective of investigative findings,” according to the report.
Van Erem and colleagues found no evidence at Brown of “deliberate indifference” to antisemitic incidents, the report said. But a supervisor allegedly discouraged sending Brown a closure letter stating those findings. According to the report, the administration settled with Columbia before an investigation was finished. Harvard sued the Trump administration, before its own investigation was complete, claiming the funding freeze was unlawful.
Van Erem said she observed findings of discrimination that she believed were actually “protected First Amendment activity” and believed that the task force’s settlement “content-based conditions” violated free expression.
Brown and Columbia both settled with the administration to restore federal funding, with Columbia paying the government $200 million and Brown agreeing to pay $50 million to Rhode Island workforce development organizations. A federal judge recently dismissed the Trump administration’s antisemitism lawsuit against Harvard, saying antisemitic incidents were “too isolated and episodic” to constitute a Title VI violation.
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