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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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From pop icon to outspoken Zionist: Boy George’s emotional visit to Nova
(JTA) — RE’IM, Nova Festival Memorial Site, Israel – Iconic 80s pop star Boy George is in Israel this week. He’s made all the usual stops on a celebrity visit: met with the president, placed a note in the Western Wall and, of course, performed two concerts. But it was his visit to the Nova Festival Memorial Site near Kibbutz Re’im on Tuesday that underscored the main reason for his visit.
An outspoken supporter of Jews and Israel, even as he has faced a backlash from within the music industry, the iconic ’80s pop star said that hearing about the massacre and seeing the site where more than 360 people were killed on Oct. 7, 2023 had only strengthened his convictions.
“I saw what happened on October 7… I was up very early, and I saw it, and it just horrified me,” Boy George told a press conference on Tuesday, following a tour of the memorial with former hostages, survivors and other members of the Tribe of Nova Community Association.
“But what horrified me more was hearing people that have no connection to what happened telling me it wasn’t true, that it was made up, and that I shouldn’t believe it,” he said.
Boy George, a British singer who achieved international fame in the 1980s with Culture Club and hits such as “Do You Really Want to Hurt Me?” and “Karma Chameleon,” holds a pioneering place in modern pop history. With his androgynous look, Rastafarian-inspired dreadlocks and oversized hats, the white singer challenged conventional ideas about gender and sexuality at a time when doing so could come at a cost.
He countered convention again in the wake of the Oct. 7 attacks, speaking out on behalf of Jews and Israel when parts of an entertainment industry were calling for boycotts and blacklists of Israeli performers and their allies.
Boy George, 65, told journalists in Israel this week that he had lost long-time friends over his position on Israel, but said he was not particularly troubled by it, because he felt he was doing the right thing.
“I feel odd being thanked for doing what’s just normal,” he said. “Music should make people feel safe, celebrated, and like they belong. That’s the music I want to make.”
The singer said some of the reactions to his support for Israel have been “shocking to me, but also a bit predictable.”
He said that the attacks against him have ranged from bashing his music to calling him “irrelevant,” and even accusing him of being a “Zionist.”
“Until I started getting called a Zionist, I hadn’t really explored what it meant, and then I was like, ‘well, I guess it must be,’” Boy George said. “In the end, I just put a thing up [on social media] saying, ‘I’m a Zionist, get over it.’”
Two incidents this year solidified his support for Jews and Israel. In April, he arrived in the London Jewish neighborhood of Golders Green and witnessed the aftermath of the stabbing of two Jewish men. He later went on British television, tearily condemning the attack and calling for support for “our Jewish community.”
In May, at a travelling exhibit about the Nova attack, he heard the testimony of a young survivor, May Hayat. The 33-year-old Tel Avivian witnessed the murder of two friends before Hamas terrorists set her free.
Moved by Hayat’s story, the singer wrote “We Will Dance Again,” a slogan he borrowed from the Tribe of Nova community. Released on July 26, its lyrics include, “you say genocide / I say war.”
“One of the things I’ve always hated doing is explaining why I’ve written something,” Boy George said of the song, which drew massive criticism from some in the music industry but has become an anthem for Israelis.
“Very often, what I write is sort of personal, a little bit surreptitious, secretive… but I’m afraid with ‘We Will Dance Again,’ there was no secrecy or subtext whatsoever,” he said.
“I kept hearing that word [genocide] over and over and over and obviously, I’ve done a bit of research on the word, and I know it wasn’t the right word and I felt, well, if it’s being bandied about by every single person that I speak to, then maybe I should put it in the song,” he said.
The singer also highlighted another line from the song: “If you’re ever confused / I stand with the Jews.”
The singer said he doubted the song would get airplay, “but it really wasn’t about that… it was about what do I need to do about what I feel deeply inside.”
Speaking to the Jewish Telegraphic Agency, Hayat said she was flattered that Boy George was inspired to write a song after hearing her story, but added that this was precisely why she now devotes her time to telling others what happened on Oct. 7.
“If I was saved and I am still alive, then I have to tell this story for myself and for those who can’t tell their story,” she said. The song “strengthens me in doing what I am doing.”
Boy George said that being at the site of the Nova festival was “very powerful.”
“Obviously, you can see there’s a lot of healing that’s gone on, and that’s really important because an outsider never knows what they’re supposed to feel,” he said, after touring the memorial, which includes photos of each victim, as well as tributes from friends and family.
Boy George was accompanied to the Nova site by Sylvan Adams, president of the World Jewish Congress Israel. Adams, together with the Museum of Tolerance Jerusalem and Live Nation Israel. Boy George was accompanied to the Nova site by Sylvan Adams, president of the World Jewish Congress Israel. Adams, together with the Museum of Tolerance Jerusalem donated 1,500 concert tickets to Nova survivors and bereaved families so they could attend Saturday night’s concert.
“At a time when too many international artists have chosen to boycott Israel or remain silent in the face of antisemitism, you chose to come,” said Adams. “You used your voice and your international platform to stand with the Jewish people, despite the threats and boycotts. That takes courage. And moral clarity.”
This article originally appeared on JTA.org.
The post From pop icon to outspoken Zionist: Boy George’s emotional visit to Nova appeared first on The Forward.
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Wisconsin referendum on freedom to worship fails at the ballot box
(JTA) — A Wisconsin referendum that would prohibit state and local governments from closing places of worship in response to a declared emergency was rejected in Tuesday’s election by 52% of voters.
The question was raised in response to the COVID-19 pandemic, during which places of worship were subject to public health orders restricting large gatherings. If approved, the Wisconsin Constitution would have gained language prohibiting the state to “order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.”
Critics said that the language of the referendum was vague because it did not define what a “place of worship” was, leaving uncertainty over whether it could encompass someone’s home in which religious services are hosted. The League of Women Voters of Wisconsin, which opposed the referendum, said the measure is a threat to public health. It added that the law as it stands does not “prevent any person from worshipping God, as such worship can and is practiced on an individual basis in one’s own home during an emergency.”
Rabbi Joel Alter, who leads Milwaukee’s predominant Conservative synagogue Congregation Beth Israel Ner Tamid, said that while he understands the concerns the referendum stemmed from, he voted to reject the prohibition. “I don’t think the state constitution is the way to respond to concerns that people have,” he said. “I would much rather see advisory panels and possibly legislators hold really thoughtful hearings and studies to make recommendations for the next emergency—whether it’s a health emergency or some other emergency—about how to handle houses of worship in the interest of public health.”
The Wisconsin Family Council, a conservative Christian organization, had advocated in favor of the prohibition, saying it would ensure “that your local church is never treated as ‘non-essential’ by the government again.” Other proponents, including a number of local churches, argued that places of worship are “lifelines” during times of crisis, and that closing them is a violation of religious freedom.
Other states—including Kentucky, Oklahoma, Florida and New Hampshire—have adopted similar protections, but the Wisconsin referendum would have offered stronger protections for churches, synagogues and other places of worship than other essential locations, such as schools or grocery stores. Texas adopted a constitutional protection against government restrictions on religious services in 2021.
Because the governor cannot veto a constitutional amendment, the Republican-run state legislature put forth constitutional amendments to bypass the veto of Gov. Tony Evers, who did not run for reelection. Evers vetoed a bill containing similar protections for places of worship in 2021. In addition to the religious freedom referendum, Republican lawmakers also introduced two others, one that would further limit the governor’s partial veto powers, which passed with 51% of voters favoring, and another that could restrict affirmative action and some diversity, equity and inclusion programs, which passed with 56% of the vote.
David Crowley, Democratic governor-elect, said he would vote “no” on all three questions.
This article originally appeared on JTA.org.
The post Wisconsin referendum on freedom to worship fails at the ballot box appeared first on The Forward.
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Wiener to hold Pelosi’s House seat after race in which both candidates attacked Israel
(JTA) — Democratic state Sen. Scott Wiener declared victory Wednesday in the midterm race against his Democratic rival to succeed U.S. Rep. Nancy Pelosi, who has represented San Francisco since 1987.
As of Wednesday, The Associated Press reported that Wiener had 55.5% of the vote compared with 44.5% for his opponent, San Francisco Supervisor Connie Chan, with 57% of ballots counted.
“I’m humbled to carry forward the powerful legacy of this seat,” Wiener wrote in a post on X in which he paid homage to Pelosi’s work on behalf of San Francisco and during her time as speaker of the House.
“Speaker Pelosi came to Congress to fight AIDS when too many wanted to look away, and she never stopped fighting for our city and our country. Madame Speaker, thank you,” he wrote.
Wiener, who is gay, wrote that his victory was “historic” because he would be the first open member of the LGBTQ community to represent Northern California and San Francisco in particular in Congress.
His statement focused on affordable housing, universal health care and clean energy.
“On Election Day, voters across the country delivered a powerful mandate for Democrats in Congress. I’m deeply inspired by the trust they placed in us to take big swings to lower the cost of living, stop the endless wars, hold Trump and his cronies accountable for their corruption, and rein in the threat of artificial intelligence,” he wrote.
Israel, however, was one of the talking points during the campaign, with both candidates accusing it of genocide against Palestinians in Gaza over the last three years.
Chan ran to Wiener’s left on Israel. Wiener, a self-proclaimed “lefty Jew,” opposes offensive weapons sales to an Israeli government not committed to peace, but supports defensive systems. Chan supports a full arms embargo and says that Palestinian refugees should be allowed to return to areas within sovereign Israel.
Wiener’s statement that Israel committed genocide sparked backlash from major Jewish institutions and cost him his leadership role in the state legislature’s Jewish caucus. He has also clashed over the years with anti-Zionist Jews, saying in 2024 that the anti-Zionist group Jewish Voice for Peace served to “give tokenistic cover to people who make antisemitic statements.”
Wiener was harassed by protesters criticizing his positions on Israel and Gaza at the San Francisco Trans March in June. He said the protesters forced him to leave the event and called their confrontation “antisemitic.”
Some local Jews urged their community to support him. Arthur Slepian and Jan Reicher, the current and former presidents of the Jewish Community Relations Council Bay Area, said that Wiener “did not abandon his commitment to Jewish security, Jewish education or the physical safety of Jewish institutions” in an op-ed in J, The Jewish News of Northern California. They argued that Chan represented a greater threat, saying her supporters “have undermined Jewish safety and seek Israel’s outright destruction.”
Wiener was backed by J Street, the liberal pro-Israel advocacy group, whose independent expenditure arm, J Street Action Fund, announced a $60,000 ad campaign vfor him in the primary.
Chan was supported by JVP and the Bay Area chapter of IfNotNow, another left-wing Jewish group. She also received an endorsement from Pelosi, despite the former House speaker’s more moderate politics and longtime support for Israel.
This article originally appeared on JTA.org.
The post Wiener to hold Pelosi’s House seat after race in which both candidates attacked Israel appeared first on The Forward.
