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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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As Jewish Republicans sour on JD Vance, many are rallying behind Marco Rubio for 2028
(JTA) — It’s no secret that JD Vance has lost the confidence of many Jewish Republicans, who have taken issue with the vice president’s reprimanding of Israeli officials, indulgence of anti-Israel conspiracy theories and silence on Tucker Carlson, the prominent pundit who has turned against Israel.
But Vance is still thought by many to be Donald Trump’s likeliest successor at the top of the party’s ticket in 2028, leaving the GOP’s Jewish supporters with the question of whom to back when Trump’s second term ends.
Many are finding an answer elsewhere in the Trump administration.
“The overwhelming majority of American Jewish MAGA voters, donors, and policymakers are enthusiastically supporting a Marco Rubio presidential run,” Shabbos Kestenbaum, whose high-profile activism against campus antisemitism has made him a hero among Jewish conservatives, told the Jewish Telegraphic Agency this week. “I look forward to voting for him as well.”
Kestenbaum was offering an update on a claim he made in an interview at a Republican Jewish Coalition gala in May.
“I can certainly tell you with confidence that in the American Jewish conservative circles, it’s Marco Rubio by a margin of 99 to 1,” he said at the time. “In fact that’s probably underselling it, it’s probably closer to 100 to 0. I can’t think of anyone within the American Jewish MAGA movement who would not want Marco Rubio as the nominee.”
Rubio, who is Trump’s secretary of state and national security adviser and served as a U.S. senator from Florida for 15 years, has won the support of a number of Jewish Republicans with his staunch support of Israel and hawkish opposition to Iran. He has signaled a willingness to remove restrictions the Biden administration had placed on violent Israeli settler groups in the West Bank and this week vowed to dismantle the International Criminal Court, which has an arrest warrant for multiple Israeli leaders including Prime Minister Benjamin Netanyahu.
The RJC praised Rubio’s ICC vow on Monday, tweeting, “Leadership. Thank you, @SecRubio.”
Some, including the far-right Jewish activist Laura Loomer, have also pointed to Rubio’s hardline stance on pro-Palestinian protesters; he celebrated revoking hundreds of student visas in connection with such protests last year.
“We are finally getting the pro-Hamas thugs OUT,” Loomer wrote on X, adding that Rubio “is a LEADER” who is “not afraid of taking on Islamic immigrants who don’t belong here.” In another post, Loomer revealed her ambitions for Rubio: “He is going to be President someday. Mark my word.”
Rubio’s deep ties to the pro-Israel community predate his national profile; his main benefactor during his career in the Florida legislature was Norman Braman, a major donor to Jewish causes. Rubio’s support for Israel is typical of Cuban-American politicians who see the country as a bulwark against communism. His closest ally in the Florida legislature was Adam Hasner, who is Jewish.
Some Israel critics who have spread conspiracy theories about Jews and the Jewish state are now accusing Rubio of working toward Israeli interests above American interests, and say Israel is pushing his candidacy.
Besides his pro-Israel bona fides, Jewish conservative commentators have also praised Rubio for his fiery rhetoric about his hope for the future of the United States, including in a speech at the Munich Security Conference, which Commentary editor Seth Mandel called “profound.”
Eric Levine, an RJC board member and major GOP fundraiser, said there is “overwhelming support” for Rubio, among both Jewish and non-Jewish Republicans.
“Look, my first choice in 2016 was Marco Rubio,” said Levine, who spoke in a personal capacity and not for the RJC, adding that he was an early fundraiser for Rubio’s 2016 presidential campaign.
“Marco has always been an extraordinarily strong and effective advocate for the American-Israel relationship,” Levine said. “More importantly, he’s a very strong and effective communicator regarding America’s place in the world.”
Vance has seen his support eroding, both in and outside of Jewish circles. Some of Trump’s top advisers are reportedly pushing for Rubio, and not the vice president, to be the 2028 nominee. GOP megadonor Ken Griffin said last week that he would support Rubio over Vance in a 2028 presidential primary, Axios reported. Even live betting markets say Rubio’s chances are climbing.
Trump himself has floated a Vance-Rubio ticket, without saying which of the two he thinks should be president. The president asked a room of donors at Mar-a-Lago in late February, as he joined Israel in launching a war against Iran, which candidate they preferred, and Rubio carried the room, NBC News reported at the time. (Kestenbaum said he had heard about the vote from donors who were there. “To be fair, they’re in Florida, so it’s a bit of a self-selecting crowd — but Marco wins hands-down,” Kestenbaum said.)
The RJC has so far refused to wade into the 2028 waters. CEO Matt Brooks told the Jewish Telegraphic Agency at the RJC’s America 250 gala that the presidential primary is “light years away from right now,” and that the focus is on holding the Republican majority in the House and Senate come November.
But the group, and Jewish Republicans writ large, have been embroiled in a battle over the party’s stance on Israel, and how it should deal with figures like Carlson, Nick Fuentes and Candace Owens, all of whom have spread antisemitic conspiracy theories to their large online followings.
Trump drew the RJC’s effusive praise when he disavowed Carlson. Vance, on the other hand, has remained mum despite mounting calls by Jewish conservatives for him to condemn the former Fox News host.
“I’d like to see Vice-President Vance change tack on a lot of this; I hope that he will,” commentator Ben Shapiro said in a New Yorker interview earlier this year, when asked about who in the conservative world “would cast out the kind of characters that Tucker Carlson and company are encouraging.” Shapiro said he would “likely” support Rubio in a primary over Vance.
The State Department did not respond to a request for Rubio to comment on Carlson and whether he believes there is rising antisemitism on the right. Other possible 2028 presidential candidates — chief among them Texas Sen. Ted Cruz — have been outspoken in warning about the threat of right-wing antisemitism.
Brooks, asked about Vance, told JTA that Trump’s voice is “the voice that matters right now.”
“As we start to head into after the midterms and whether people run or not, I’m sure they’re going to be asked about all these things,” Brooks added.
Levine has weighed in on Vance, telling Politico this week that it’s “hard to find any support for him at all in the Jewish community.” He declined to discuss Vance with JTA.
In the months since calls first escalated for him to condemn Carlson, Vance’s role in seeking to broker a deal with Iran has only further alienated pro-Israel Republicans. He drew backlash from Republican Jews — both from the rank-and-file and from a sitting member of Congress — when he warned Israeli critics of the Iran deal, which has since fallen apart, not to cross Trump, saying, “If I was in the Cabinet of the Israeli government, I might not be attacking the only powerful ally that I have anywhere left in the entire world.”
Florida Rep. Randy Fine, the Jewish right-wing firebrand, called Vance’s comments “absolutely inappropriate and frankly disgusting.” He did not reply to a texted query about Rubio.
Valerie Greenfeld, an RJC member and former senatorial staffer who now lives in Jerusalem, said in an interview that “it was incredibly arrogant of him to say such a thing, because we’re partners.”
She added that Rubio is currently the most popular choice for president in 2028 among her circle of American voters in Israel. Meanwhile, she said, “the more JD Vance speaks about Israel and antisemitism and teams up with Tucker Carlson and his ilk, the worse it is for him in terms of the Jewish vote.”
American Jewish voters skew heavily toward voting for Democratic candidates; somewhere between 63% and 71% of Jewish voters supported Kamala Harris in 2024.
But as a growing number of Jewish Democrats say they feel unwelcome in their party amid tensions over Israel and the pro-Israel lobby, there is a sense that a Republican nominee could pick up votes from a Democrat who is more sharply critical of Israel than any of their predecessors.
George Mason University law professor David Bernstein predicted on X that there will be “a significant shift in Jewish behavior” if Rubio wins the nomination. “The vote change will be relatively modest, but the energy and money will shift dramatically.”
He added, “If it’s Vance, nope.”
Pro-Israel criticism of Vance has grown in response to the terms of the Iran deal last month which delivered multiple concessions to the Islamic Republic. Shapiro told Fox News that Vance, as a key negotiator, had “not well served the president.” Trump this week resumed the war with Iran and said the deal was history.
Rubio, meanwhile, came out of the deal with positive reviews from the pro-Israel crowd, who viewed his silence as disapproving of the concessions made in the deal. Rubio notably brokered a parallel framework agreement between Israel and Lebanon that undercuts a key objectionable element of the Vance-brokered deal, which codified Iran’s role in Lebanon.
“Rubio does not look happy,” wrote Eylon Levy, a former Israeli government spokesperson, alongside a video of the secretary of state appearing stoic while Trump announced the deal.
Commentator Lisa Daftari wrote, “Today, we are all Marco Rubio.”
Meanwhile, Israel critics on both the left and right have been quick to call out the burgeoning support for the secretary of state.
Cenk Uygur, the host of The Young Turks, wrote that “half the officials” in Trump’s administration “work for Israel,” including Rubio.
Michael Rectenwald, who heads the Anti-Zionist America Political Action Committee, blasted Rubio’s plan to dismantle the ICC and said the “U.S. is ‘israel’s’ bitch.”
Clint Russell, host of the “Liberty Lockdown” podcast, accused Israel of launching a propaganda campaign and paying influencers to “tank Vance and boost Marco Rubio for 2028.” Russell did not provide proof but was steadfast in his accusation.
“They’ve been boosting him for months. Hard,” he wrote. “He’s their guy.”
This article originally appeared on JTA.org.
The post As Jewish Republicans sour on JD Vance, many are rallying behind Marco Rubio for 2028 appeared first on The Forward.
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In seismic party shift, nearly half of House Democrats vote to end aid to Israel
Cutting off U.S. military aid to Israel came closer than ever to becoming the majority position among House Democrats on Wednesday, a striking sign of how swiftly the party has shifted just months before the midterm elections that could determine control of Congress.
As many as 103 of 212 Democrats supported a measure to eliminate the $3.3 billion in annual military assistance to Israel, while 98 joined all Republicans in opposing the amendment proposed by Rep. Thomas Massie of Kentucky, a fierce Israel critic who lost the Republican primary in May. Another 10 Democrats abstained. It received more support than the Block the Bombs Act, which would only prohibit the sale of certain offensive weapons to Israel and has 77 co-sponsors.
The vote underscored that support for ending U.S. military aid to Israel is no longer confined to the Democratic Party’s progressive left.
Less than three years ago, only 37 members opposed an emergency defense package for Israel following Hamas’ Oct. 7, 2023, attack and the start of the war in Gaza. Opposition to U.S. aid to Israel has now moved toward the Democratic mainstream, fueled by voter anger over Prime Minister Benjamin Netanyahu’s handling of the wars in Gaza and Iran, a string of progressive primary victories and growing frustration with the influence of election spending by the group AIPAC in Democratic politics.
The vote marks a break from one of the last bipartisan consensuses on foreign policy: stalwart support for Israel as a U.S. ally.
Leadership and Jewish Democrats split
The Democratic leadership, Jewish members and Jewish organizations were split over Wednesday’s measure, which supporters described as an urgent message to the Israeli government to change course.
House Democratic Leader Hakeem Jeffries, hoping to become the chamber’s next speaker, opposed the amendment, arguing that cutting off all U.S. assistance to Israel would go too far and could also affect humanitarian aid for Palestinians. Still, he declined to pressure members to vote against the measure, and acknowledged the deep divisions within his caucus. Rep. Katherine Clark of Massachusetts, the Democratic whip, and outgoing Rep. Nancy Pelosi, the former House speaker, supported the measure.
That balancing act and the overall vote may foreshadow an even bigger challenge should Democrats reclaim the House in November. A Quinnipiac University poll released on Wednesday found that 49% of Pennsylvania voters in the key presidential election battleground state believe the Democratic Party has moved too far to the left.
Ahead of the vote, Jeffries called to renegotiate the next memorandum of understanding between the United States and Israel to reflect what he described as a changed reality — a move welcomed by many Democrats. And he wasn’t humiliated by the outcome. But allowing nearly half the caucus to support even a symbolic vote to end aid could further empower the expanding democratic socialist bloc that may seek greater leverage in his upcoming speakership bid.
The vote also highlighted the growing diversity of views among Jewish members.
Jake Auchincloss of Massachusetts, Becca Balint of Vermont, Sara Jacobs of California, Seth Moulton of Massachusetts, Jamie Raskin of Maryland and Jan Schakowsky of Illinois all voted in favor. Rep. Jerry Nadler of New York, co-chair of the Jewish Caucus, did not vote due to a family medical emergency. Nonetheless, he said in a lengthy statement, had he been present he’d have voted against the measure because it would have also cut funding for U.S.-backed peacebuilding programs.
Rep, Brad Schneider of Illinois, the other co-chair of the caucus, echoed Nadler’s concerns and added, “We must work to rebuild a bipartisan consensus that supports Israel’s security and sovereignty as a Jewish and democratic state, while also recognizing the legitimate aspirations of the Palestinian people to self-determination, and ultimately statehood.”
Jewish organizations were similarly divided.
Democratic-allied groups, the Jewish Democratic Council of America and Democratic Majority for Israel, called Massie’s bill a “cynical political ploy” by Republican leaders to allow a vote to “drive a wedge within the Democratic Party.”
J Street, the pro-peace advocacy group, likewise opposed the amendment, while saying the level of support among Democrats reflected a dramatic shift in the old consensus in Washington.
The Union for Reform Judaism lobbied lawmakers to oppose the amendment, arguing that eliminating aid outright would undermine Israel’s security.
The New Jewish Narrative welcomed the vote. “The level of support for this amendment reflects a sea change in how Americans view the actions of the Israeli government,” the organization said in a statement. “We hope that our Israeli brothers and sisters take notice of this loud and clear statement and will take the necessary steps to change what their government is doing.”
What happens to AIPAC?
The vote presented one of the biggest strategic tests yet for AIPAC.
In recent years, the pro-Israel campaign fundraising organization and its affiliated super PAC invested heavily in Democratic primaries, aiming to elect and protect candidates supportive of military aid while drawing clear lines around who it considered friends of Israel.
Wednesday’s vote raises new questions about whether that approach can still hold.
One early sign came from Rep. Pat Ryan of New York. Ryan, who has represented a competitive swing district and was once among the most outspoken pro-Israel Democrats — including voting to censure Rep. Rashida Tlaib in 2023 — announced after the vote that he would reject future support and return contributions he had received from AIPAC.
In a statement following the vote, AIPAC proclaimed that “AIPAC members will be actively engaged throughout this election cycle, and future election cycles, to support members of Congress of both parties who support a strong U.S.-Israel alliance and oppose those who don’t. “
Whether Wednesday’s vote proves to be the high-water mark of Democratic frustration with Netanyahu or another step in a continuing realignment may depend less on Congress than on events in Israel itself.
Netanyahu, who is running for reelection in October, has himself suggested that Israel should eventually phase out its reliance on American military aid when the current 10-year memorandum of understanding expires in 2028. That possibility could make positions once viewed as politically risky increasingly acceptable even among traditionally pro-Israel Democrats.
The post In seismic party shift, nearly half of House Democrats vote to end aid to Israel appeared first on The Forward.
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Delightful recording of children’s songs by Melbourne’s Yiddish day school
די באַקאַנטע ייִדישע טאָגשול אין מעלבורן, די „שלום עליכם שול“, האָט לעצטנס לאַנצירט אַ רעקאָרדירונג קינדערלידער דורך דער דיגיטאַלישער מוזיק־פּלאַטפֿאָרם „ספּאָטיפֿײַ.“ דער אַלבום איז מלא־חן.
די רעקאָרדירונג, „אונדזער קינדערגאָרטן שײן“, איז אַ זאַמלונג קינדערלידער, װאָס מע זינגט טאַקע אינעם קינדערגאָרטן פֿון דער „שלום עליכם שול“ — די איינציקע טאָגשול אין דער וועלט, וווּ מע לערנט די תּלמידים יעדן טאָג ייִדיש.
די רעקאָרדירונג באַשטייט פֿון 31 לידער. זיי נעמען אַרײַן באַקאַנטע ייִדישע קינדערלידער; נײַע שאַפֿונגען פֿון לערערינס אין דער שול, און איבערזעצונגען פֿון ענגלישע קינדערלידער. ס׳רובֿ פֿון די לידער ווערן געזונגען פֿון דער קולטור־טוערין און פֿײַנער זינגערין פֿריידי מראָצקי אָבער עס זענען אויך דאָ קינדער סאָליסטן אויפֿן אַלבום, ווי יוני רינגלבלום, וואָס זינגט דאָס באַקאַנטע אַרבעטליד, „מיטן זעגעלע“.
בײַ געוויסע קינדערלידער האָט די שול אַ ביסל דערהײַנטיקט די ווערטער. אין „מיטן זעגעלע“ טאַקע האָט מען געביטן די לעצטע שורה — „אַרבעט מאַכט דאָס לעבן זיס“ (אַ פֿראַזע וואָס האָט מיר תּמיד אויסגעזען איבערגעטריבן און אַפֿילו פּראָפּאַגאַנדיסטיש) — מיט אַ מער שׂכלדיקער שורה: „קינדערלעך אַרבעטן אַזוי זיס.“
דאָס ליד „זונטיק בולבעס“, וואָס באַשרײַבט ווי אַן אָרעמאַן עסט בלויז קאַרטאָפֿל אַ גאַנצע וואָך, האָט מען אויך געביטן. אין די אַמאָליקע שטאַרק אָרעמע געגנטן אין ווילנע איז טאַקע געווען אַזאַ געוואַלדיקע אָרעמקייט אַז געוויסע ייִדן האָבן אפֿשר געגעסן דאָס זעלבע עסן יעדן טאָג. אין דער מאָדערנער וועלט אָבער קענען אַפֿילו די אָרעמסטע ייִדן באַקומען שפּײַזקופּאָנען פֿון דער רעגירונג, אַזוי אַז קיינער דאַרף זיך נישט האַלטן מיט אַזאַ נעבעכדיקער דיעטע. דערפֿאַר האָט מען אינעם ליד פֿאַרביטן דאָס וואָרט „בולבעס“ אויף „אַרבעט“: „זונטיק — אַרבעט, מאָנטיק — אַרבעט, דינסטיק און מיטוואָך — אַרבעט… שבת איז די צײַט צו זײַן מיט משפּחה; זונטיק — ווײַטער אַרבעט.“
די רעקאָררידונג, פּראָדוצירט דורכן מוזיקער גדעון פּרײַס, און פֿרײדי מראָצקי, איז געשטיצע געוואָרן פֿונעם קרישטאַל פֿאָנד.
כּדי צו באַשטעלן דעם אַלבום, גיט אַ קוועטש דאָ.
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