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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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Netanyahu pushes back on Vance’s claims that US is Israel’s ‘only powerful ally’
(JTA) — Israeli Prime Minister Benjamin Netanyahu has rejected Vice President JD Vance’s recent claims that the U.S. is Israel’s “only powerful ally” left in the world.
When asked on Fox News Sunday what his reaction was to Vance’s remarks, which came as Israeli ministers criticized the framework deal signed by the U.S. and Iran to end hostilities, Netanyahu replied, “I respect JD Vance. We have a very good relationship, but that doesn’t mean that I agree with everything that he says.”
“I have to point out this: Donald Trump is a great, the greatest friend we ever had in the White House, and I stand by that completely,” Netanyahu continued. “Secondly, we have some other friends, like a small country called India, you know, it has 1.4 billion people, and boy, do we have a tremendous support there.”
Netanyahu added that Israel also has the support of “many others,” but did not elaborate on which countries he was referring to.
“The relations are not quite as they appear, and we have, we have many, many friends, and I have to tell you, we also take care of our friends, especially the Christians in the Middle East,” Netanyahu said.
The prime minister also dismissed the claim that there was any rift between the United States and Israel regarding the deal with Iran, telling Fox that he and President Donald Trump were “set on the same goal.”
“President Trump is the leader of the United States. He does what’s good for America. I’m the leader of Israel, the one and only Jewish state. I do what’s good for Israel,” Netanyahu said. “Ninety-nine percent of the time, we see eye to eye, but as any, in any family, in any close friendship, there are sometimes differences of opinion, and we discuss them openly.”
Netanyahu also said that he and Trump have “common objectives” regarding the U.S. deal with Iran.
“We want to see Iran give up its nuclear weapons program. We want to see the nuclear enriched material removed. We want to see the enrichment sites for nuclear material dismantled,” Netanyahu said, adding, “as long as I’m prime minister, Iran will not have nuclear weapons.”
On Saturday, Trump told Axios that Netanyahu had requested a meeting at the White House and said that the pair gets along “very good” and that the Israeli leader “knows who the boss is.”
This article originally appeared on JTA.org.
The post Netanyahu pushes back on Vance’s claims that US is Israel’s ‘only powerful ally’ appeared first on The Forward.
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Former Israeli hostages Sasha Trufanov and Sapir Cohen wed in emotional ceremony
(JTA) — Two former Israeli hostages have wed, in the first marriage of hostages taken when Hamas attacked Israel on Oct. 7, 2023.
Sasha Trufanov and Sapir Cohen were visiting Trufanov’s family on Kibbutz Nir Oz on Oct. 7 when they were attacked and abducted to Gaza. Trufanov’s father was murdered. Cohen was freed during a temporary ceasefire after 55 days, while Trufanov was held for nearly 500 days.
They married on Sunday in Israel, in a ceremony attended by multiple former hostages as well as Israeli President Isaac Herzog, who posted a picture of himself under the chuppah, or wedding canopy, with Trufanov and Cohen.
“We prayed for your return, we were moved to tears when you came back home, and this evening we were privileged to rejoice together with you and to bless you under the chuppah on your joyous day,” Herzog wrote.
While other freed hostages have celebrated births and engagements, the wedding is the first for a former hostage. It comes just days after Israel marked the 1,000th day since Oct. 7, and as the government’s handling of the hostage crisis continues to roil Israeli politics ahead of a looming election. Last week, Nitzan Alon, an Israeli army major general who was part of a small hostage negotiation team, said at a conference that more hostages could have been returned alive had the Israeli government made different decisions, strengthening a widespread belief within Israel.
Alon, too, was present at Trufanov and Cohen’s wedding.
After Trufanov stepped on a glass, the traditional signal for the execution of the marriage, Eyal Golan’s “Am Yisrael Chai,” an anthem of Jewish and Israeli solidarity during the Gaza war, began playing.
Rom Braslavski, another hostage who was briefly held with Trufanov in Gaza, posted pictures of himself with his friend at the wedding, as well as a video of him and the newly married couple being hoisted to dance.
“Today, we are together, not in Rafah, not stuffed in a trunk, but free and you are in a beautiful groom’s suit marrying Sapir. How much you talked about her, my brother,” he wrote on Instagram. “There is nothing happier for me than accompanying you on this day, and I hope both of you will bring into the world happy little children and that they won’t know evil. May they not know war, with God’s help.”
Another wedding featuring a former hostage is scheduled for next month. Eliya Cohen, who was held for 505 days, marked his engagement to Ziv Abud in a party that took place last week. He wore a jacket that read “Bring them Home” when other grooms wore it during the hostage crisis. With all hostages out of Gaza since January, Cohen altered it to read “Dad, thank you,” a mantra that he said sustained him during his captivity.
Cohen did not know that Abud had survived the attack on the Nova music festival until after his release. While he was held hostage, she drew attention to his plight by setting a romantic table with an unfilled place on the boardwalk in Tel Aviv.
This article originally appeared on JTA.org.
The post Former Israeli hostages Sasha Trufanov and Sapir Cohen wed in emotional ceremony appeared first on The Forward.
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Hundreds of Patriot Front members march in Washington on July 4, alarming Jewish groups
(JTA) — Hundreds of people affiliated with the white supremacist group Patriot Front marched in Washington, D.C., on Saturday, in a July 4 show of force by the group founded by a veteran of a landmark 2017 far-right rally that featured an antisemitic chant.
The marchers in Washington wore masks and some carried Confederate flags, according to reports and video from the scene. At times, they chanted “Reclaim America!” — a rallying cry channeling the group’s nativist agenda.
While Patriot Front’s public activities mostly center on its anti-immigrant and anti-LGBTQ agenda, the Anti-Defamation League has repeatedly cited the group, founded in 2017, as the largest purveyor of antisemitic materials in the United States.
One of the group’s signature slogans, which members displayed on a banner in Washington in 2023, is “No Zionists in Government.”
The previous year, the group’s internal communications, obtained and leaked by an independent media collective, showed that some members used Nazi slogans and that one member was accepted on the basis of an application in which he declared that the “biggest threat to America is Jewish domination over the world.” Group leaders criticized how the chat logs had been obtained but did not challenge the veracity of their contents.
In a statement on Sunday, the ADL called Patriot Front “the most visible white supremacist group operating in the U.S. today” and noted that its previous public rallies had been much smaller.
“The size of the march is concerning,” the ADL said about the Saturday rally.
Patriot Front’s founder, Thomas Rousseau, was a leading participant in the 2017 Unite the Right rally in Charlottesville, Virginia, in which attendees chanted “Jews will not replace us” while carrying burning torches. The chant refers to an antisemitic conspiracy theory positing that Jews are engineering mass immigration in order to displace white people. Rousseau later testified that he heard the chant but thought attendees might have been saying “you will not replace us.”
The 2017 rally fueled criticism of President Donald Trump, who did not immediately comment on it and then placed blame on “both sides” while condemning the display of “hatred, bigotry and violence.” It also animated the presidential run of Joe Biden and spurred a successful lawsuit against the rally’s organizers by an advocacy group called Integrity First for America, whose leader, Amy Spitalnick, is now CEO of the Jewish Council on Public Affairs.
“Patriot Front is an offshoot of one of the white supremacist groups we (successfully) sued for orchestrating the Charlottesville violence,” Spitalnick said in a JCPA statement on Sunday. “They are emboldened because their extremism has been wholly normalized by the administration and others.”
Trump has not commented publicly on this weekend’s Patriot Front march, which took place during festivities to celebrate the United States’ 250th birthday. A top administration official did not directly answer when CNN’s Dana Bash asked him whether he would urge Trump to denounce the group.
“What they stand for is nothing that I could possibly agree with,” Secretary of the Interior Doug Burgum told Bash, who is Jewish and has made antisemitism a focus of her recent coverage. “But one of the foundational principles of the United States, which makes democracy messy, is free speech.”
This article originally appeared on JTA.org.
The post Hundreds of Patriot Front members march in Washington on July 4, alarming Jewish groups appeared first on The Forward.

