Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

For Venezuela’s historic Jewish community, the earthquake is a crisis they can’t afford

Less than two hours after two powerful earthquakes left hundreds dead and thousands missing in northern Venezuela, including its capital city of Caracas, families whose homes had been rendered unlivable began to make their way to Hebraica, the Jewish community center in Caracas, where they spent the night sleeping on beach chairs and in cars parked on the center’s football field.

That night, more than 400 people sought refuge.

“Based on all the years of hardships we’ve had — massive power outages and other problems — the community already knows where they can go if something happens,” said Roberto Mishkin, president of the Union Israelita de Caracas, the country’s largest Ashkenazi Jewish congregation, adding that aftershocks are still rattling the area.

“A lot of people don’t want to return because they live on high floors. They’re scared.”

The sprawling campus of Hebraica— built decades ago when Venezuela’s Jewish population numbered around 30,000 — has become an emergency shelter, complete with mattresses, medical care, communal meals and preparations for Shabbat.

According to community leaders, two members of Venezuela’s Jewish community have been confirmed dead, and several others remain missing. Hundreds more are displaced — their houses destroyed or severely damaged.

“People are worried, very worried, very anguished, and a lot of people don’t know if they can go back to their homes,” said Elias Farache, the former president of the Sephardic community in Venezuela and a former leader of the Venezuelan Zionist Federation.

“It’s the club, so people feel very comfortable in this place,” he added, explaining that the tight-knit community has found comfort in gathering together.

Mishkin says Venezuela’s Jews have been in dire straits for years. Before the earthquake, more than 300 Jewish families received food and medicine through local Jewish organizations such as Keren Ezra, which receives support from international partners, including the American Jewish Joint Distribution Committee, commonly known as the Joint.

Under normal circumstances, Keren Ezra distributes staples such as raw chicken, rice and other groceries. Now, many families no longer have kitchens, so Keren Ezra has been distributing tuna, rice, crackers, cookies, coffee and other emergency supplies to people seeking shelter at Hebraica. Hundreds of displaced people are relying on the organization’s reserves.

“We’re trying to manage the problems as they come, because to be hysterical doesn’t help,” said Syma Farache, a Caracas-based community member and the director of Keren Ezra. “We do have products in stock for emergencies. We buy them four months in advance, but now we realize it’s not enough because we didn’t expect this.”

Several Israeli and international Jewish organizations are working to send aid and rescue teams to Venezuela. Because Israel does not maintain an embassy or consulate in the country (former President Hugo Chávez severed diplomatic ties with Israel in 2009), Jewish community leaders are also coordinating with Venezuelan authorities to facilitate the arrival of these personnel. The first of these organizations began arriving on Friday, with the Jewish humanitarian organization CADENA reaching Venezuela, and an Israeli rescue team expected to arrive on Sunday. Others, including IsraAID and the Joint, remain on standby until Caracas’ airport reopens.

Farache said while there is no shortage of supplies yet, there could be if the airport does not open soon.

For now, community leaders are trying desperately to maintain a sense of normalcy. On Friday, they purchased mattresses so evacuees would no longer have to sleep in their cars or on beach chairs. A rabbi plans to spend Shabbat at the community center, while volunteers prepare cholent, the traditional Shabbat stew, to feed the displaced. Early next week, organizers hope to open a communal kitchen for those who cannot afford to purchase meals.

A stack of mattresses in the Jewish community center Photo by Roberto Mishkin

But addressing the immediate aftermath is only the beginning. Hundreds of displaced people will need housing

“Now everybody here is safe,” Mishkin said. “We’re feeding a few families, and we’re trying to make do, but this is a very poor community.”

He recalled that Venezuela’s Jewish community was once among Latin America’s most prosperous. The community has declined sharply over the past two decades, from a peak of 30,000, as part of a broader exodus that saw 7 million people leave the country due to political, economic and social challenges, including rising antisemitism.

The economy has seen a slight upturn since U.S. forces removed Venezuelan leader Nicolás Maduro in January, but day-to-day life for most residents remains a struggle. Community institutions have continued to serve members and adapt to the new reality, all while struggling to raise money for social services.

“We used to be a donor community. We sent money all over the world,” Mishkin said. “After 25 years of a complicated country, we have an elderly and not economically prosperous community. Most of the people whose houses are severely damaged are not going to be able to afford to fix them.”

Without property insurance, many families will have few options. Many also lost their businesses.

“They cannot stay on a mattress forever,” Mishkin said. “They cannot afford, on their own, the repairs or a new place to live. That’s our main concern—how to help these families have a decent place to live.”

The post For Venezuela’s historic Jewish community, the earthquake is a crisis they can’t afford appeared first on The Forward.

Continue Reading

Uncategorized

Texas creates required reading list that includes Anne Frank and the Bible

(JTA) — Texas instituted on Friday the nation’s first-ever statewide K-12 required reading list for public schools. Students in public schools will soon be required to read Anne Frank’s diary and a host of Bible passages, along with other Jewish- and Holocaust-related texts.

The decision has drawn vigorous objections from some of the state’s Jews. Several local rabbis and other Jewish leaders pushed back on the proposal during the public comment period in the lead-up to the vote this week because of concerns including injecting Christian content into the schools.

In a vote Friday of nine to five, the Republican-controlled state education board approved the list, mandating reading selections usually left to individual schools and teachers. The curriculum will go into effect in 2030 and apply to the roughly 5.5 million schoolchildren in Texas public schools.

The move comes as the board has increasingly sought to incorporate Christianity into the state’s public schools, including in 2024 when it approved an optional Bible curriculum for elementary schools that drew pushback from Jewish parents and advocates. Last year, Republican lawmakers in the state also required the display of the Ten Commandments in every public school classroom.

The passage of the reading list follows an effort by the state’s conservative education leaders to reverse a nationwide decline in the number of books read or assigned in class and exercise control over the texts students are exposed to.

In recent years, Texas has been at the forefront of the national wave of book removals, with several districts pulling books about the Holocaust and Jewish history, including versions of Anne Frank’s diary. Decisions by the state education board have historically had an effect on schools nationwide, in part because of the vast population of school age students in the state.

The new reading list, which spans over 150 titles, includes Elie Wiesel’s Holocaust memoir “Night”; Lois Lowry’s young-reader Holocaust novel “Number the Stars”; George Washington’s letter to a Rhode Island synagogue in 1790, and the “original edition” of Frank’s diary. Conservatives, including in Texas, have objected to a graphic novel version that illustrates passages in which the diarist describes her sexual longings.

Other books on the list include “Charlotte’s Web” by E. B. White and “Animal Farm” by George Orwell.

Beginning in the fourth grade, students will also be required to read numerous passages from both the Hebrew Bible and New Testament, a requirement that has drawn fierce opposition from some Texas Jewish leaders.

Board members continued to propose last-minute additions to the list right up until the vote Friday afternoon, adding the Biblical parable Jonah and the Whale to the first grade curriculum.

The final reading list was pared down from roughly 300 texts after the board initially discussed the proposal in February. At the time, state education board leaders told JTA that they had consulted with experts including the Texas Holocaust, Genocide, and Antisemitism Advisory Commission, a state government body.

On Monday, a host of rabbis and Jewish leaders attended a Board of Education meeting to voice their opposition to the reading list, including Joshua Fixler, a rabbi at Houston’s Reform Congregation Emanu El.

“There is a difference between teaching about religion and teaching religion, and these texts are going to put Texas teachers in the position of teaching religion to our kids,” Fixler told JTA following Friday’s vote.

Fixler said he believed the required reading list would cause children of all faiths to feel “alienated and isolated” because they would “see the state endorsement of one particular religious tradition.”

Fixler particularly objected to “Night” being part of the same eighth-grade unit as chapter three of the Book of Lamentations, which discusses the destruction of Solomon’s Temple in Jerusalem as God’s punishment for the sins of the Jews.

“To associate that with a Holocaust text like Elie Wiesel’s classic work of ‘Night’ is to imply that the Jews might in some way be responsible for the Holocaust,” Fixler, who has three children in Texas public schools, explained.

Rabbi Neil F. Blumofe, the senior rabbi of Conservative Congregation Agudas Achim in Austin, said that he was concerned that the list’s focus on Holocaust-based text would reduce students’ understanding of Jewish history.

“If one only teaches the Jewish civilization or religion as catastrophe-based, I think that that gives a narrow focus, and also can cause issues of what Judaism is and what its relevancy is currently versus what it used to be in the past,” Blumofe said.

Blumofe added that he had “yet to see an effective curriculum or teacher’s guide or ways to sensitively recognize that these are works of civilization versus works of a particular theology.”

Laney Hawes, the co-founder of Texas Freedom to Read Project, told JTA that she was “seething” over the result of Friday’s vote.

“The lists are promoting a singular narrow ideology,” Hawes said, adding that while proponents of the required reading stressed that it promoted “Judeo-Christian values,” she believed it excluded Jewish perspectives.

“I want my children to have a worldview that is vast and diverse,” Hawes, who is not Jewish,  said. “If they’re going to be forced to read certain books, I want those books to represent a plethora of perspectives, not just one world view.”

Fixler and Hawes said that they planned to gather with other local advocates to consider ways to fight the new curriculum. For Fixler, he hoped the outcome would emphasize for others the importance of voting in school board elections.

“I think that this should be a wake-up call to people who have been sleeping about the ways in which Christian nationalism is shaping policy on local, state and federal levels,” he said.

This article originally appeared on JTA.org.

The post Texas creates required reading list that includes Anne Frank and the Bible appeared first on The Forward.

Continue Reading

Uncategorized

The biggest Jewish issue in New York’s most Jewish primary wasn’t really Israel

Much of the pro-Israel world seems to have seen New York’s Tuesday Democratic primaries as bad for the Jews. When it comes to at least one race, that perspective needs revising.

Yes, Brad Lander, who is highly critical of Israel, defeated the AIPAC-backed incumbent Rep. Dan Goldman in NY-10 — which, according to the Jewish Electorate Institute, boasts the second-highest number of Jewish voters of any district in the country. But seeing that result as “bad for the Jews” misunderstands what the candidates, both of whom are Jewish and self-professed Zionists, were arguing about.

Both are motivated by a profound wish to protect Jews in the United States from rising hatred. Both understand how high the stakes are. What divided them was the question of how to govern well for Jews — a new iteration of a dispute between two robust strains of Jewish thought that extend deep into our shared history.

Both Lander and Goldman ran on their Jewish identities and built explicit plans for confronting antisemitism into their pitches to voters.

Goldman called himself a “proud Zionist,” and told the NY Jewish Week “I do think there is an undercurrent of antisemitism in the degree to which AIPAC seems to be vilified,” even as he said he’d pushed AIPAC to be more willing to criticize the Israeli government.

Lander, upon winning by an almost two-to-one margin, told supporters, “I will be one of the Jewish members of Congress most willing to stand up for Palestinian human rights, and I will stand firmly against bigotry aimed at Jews. Those are not two different jobs. They are the same job.”

Both men accepted, as a starting premise, that antisemitism is rising and real. What they disagreed about was where the danger is concentrated, and which set of political alliances will actually help contain it.

Goldman focused on concerns about the political left’s tendency to treat Zionism as suspect. He prioritized standing with Israel, staying close to its institutional defenders, and refusing to let the loudest progressive critics define what counts as acceptable Jewish politics.

Lander, instead, argued that conflating support for the Israeli government with Jewish safety leaves Jews exposed if and when that government’s policies become impossible to defend. His strategy: decouple Jewish identity from Israeli state policy, ally with the growing progressive coalition in New York politics, and fight antisemitism from inside that coalition’s ranks rather than outside and against it.

Both of these approaches draw from recognizable, longstanding strains of American Jewish thought. Goldman hewed to the camp of covenantal loyalty first and foremost to the Jewish people, and, by extension, to Israel as a sacred trust. And Lander hewed to the camp of universalist ethics and solidarity with the marginalized.

To call one of those stances worse for Jews than the other ignores the historical truth that both are deeply grounded in American Jewish life. But there is something potentially troubling for Jews about this contest: the evident truth, which it displayed, that the rift between these two schools of American Judaism is widening rather than closing.

That split isn’t really about the state of Israel. It’s a much older argument inside Jewish thought, about whether Jewish ethics point outward or inward first.

The universalist strand understands much of the Hebrew Bible, and centuries of subsequent commentary, as promoting the idea that justice is owed to everyone. It lives by the instruction to remember that we were once strangers in Egypt and the commandment that the same law applies to the stranger as to the native-born. It follows the prophets who reserved their harshest words not for the Jewish people’s enemies, but for that people’s own failures to protect the poor and the powerless.

According to this reading, Jews must practice solidarity with anyone suffering. A Jewish politics that didn’t extend itself to advocating for Palestinians, immigrants, or any other group facing state violence would be failing the tradition rather than honoring it.

The particularist strand reads the same texts and the same history and draws an opposite lesson: that universalism without a prior, unapologetic loyalty to one’s own people is exactly the moral posture that left Jews undefended for most of their history. This strand sees that loyalty as a structural condition that allows Jewish communal survival. To its gaze, a Jewish politics that can’t put Jewish safety first, especially after the Hamas attack of Oct. 7, has lost its way.

What makes the tension between these stances difficult to resolve is that both readings are genuinely supported by the textual and historical record, which is long and varied enough to furnish ammunition for either side without anyone needing to misquote it.

Goldman and Lander didn’t invent this fight. They just gave New York’s most Jewish congressional district a chance to vote on it again, in a fresh context, with the war in Gaza standing in for whatever the live test case happened to be a generation ago — and whatever it will be will be in the next crisis in Jewish history.

That divide is part of why framing progressive victories on New York’s primary night as a loss for Jews flattens something more interesting happening inside NY-10 specifically. This election was a fight between two Jewish candidates, on some of the most Jewish terrain in the entire country, with each offering a fully worked-out theory of how to keep Jews safe, and each able to point to real receipts.

That is not a fight over whether Jews matter in New York politics. It is a fight over which of two coalitions — one anchored to Israel and institutional Jewish groups, and one tied to the multiracial progressive coalition reshaping the city — is the safer harbor for American Jews going forward.

It’s fair to be concerned about how bitter that fight seems to be becoming. But it’s also fair to celebrate the fact that Jewish life can still maintain such rich ideological diversity. This was a constructive political race conducted between Jews, waged substantially in Jewish terms, over which political strategy actually protects Jewish life in a moment when antisemitism is on the rise. It’s arguable that to have the choice between candidates like Goldman and Lander, who take their own Jewishness seriously enough to fight about what it should mean in American politics, is actually very good for the Jews.

The post The biggest Jewish issue in New York’s most Jewish primary wasn’t really Israel appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News