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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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6 Jewish takeaways from the midterm elections
(JTA) — The sheer size and geographic scope of the Republican wipeout Tuesday makes it hard to read anything definitive into the results beyond a nationwide repudiation of President Donald Trump (and his candidate selections). But whether or not any other factors were at play in the GOP bloodbath, the fallout will have a range of reverberations. Here are 6 takeaways that point to what comes next.
1. A significantly weakened Donald Trump doesn’t bode well for Netanyahu
For Prime Minister Benjamin Netanyahu, Trump has been a longshot bet that keeps on paying off. It’s hard to overstate how significant Trump’s improbable wins in 2016 and 2024 were in bolstering Netanyahu’s domestic standing and giving him space to advance his regional agenda. Trump also served as a security blanket, leaving Netanyahu and his allies with a sense for many years that they need not worry too much about skyrocketing Democratic and international anger with Israel.
In fact, there was even a hope in Bibi world that The Donald’s support could save Netanyahu from political defeat at home (and, to be fair, his 11th-hour endorsement may have). Whether Netanyahu holds on or chief rival Gadi Eisenkot succeeds in replacing him, Israel is entering uncharted territory. There is little chance that the combination of a weakened Trump and an emboldened Democratic Congress produces similar levels of support for aggressive action against Iran and its proxies, and other policies that a wide spectrum of Israelis see as crucial to their security.
2. Jeffries and Schumer have a massive headache coming their way
With Tuesday night’s Democratic wave, Hakeem Jeffries is on track to become Speaker of the U.S. House of Representatives and Chuck Schumer will likely get a second shot as U.S. Senate Majority Leader. These New Yorkers have longstanding ties to the pro-Israel community and are among their party’s strongest Israel supporters – putting them at odds with the growing number of congressional Democrats who want their party to take a much harder line against Israel. It won’t be long before members in each caucus are demanding concrete action, including meaningful limits on U.S. military sales.
Both Democratic leaders have ratcheted up their criticism of Prime Minister Benjamin Netanyahu and his government in the wake of its war on Hamas in Gaza, but they have ultimately voted against various legislative attempts to punish Israel. This past April, Schumer was one of only seven Senate Democrats to vote against a pair of resolutions that together would have blocked the sale of D-9 bulldozers, widely used in military operations, and 1,000-pound bombs to Israel. In July, Jeffries voted against ending U.S. military aid to Israel, but the measure was supported by almost half of the Democratic caucus. As leaders of their respective chambers, Jeffries and Schumer will likely face immense pressure for more such votes and face much tougher scrutiny from the party base over continued support for Israel.
3. The impact of the anti-Israel vote was diluted
On the other hand, the massive Democratic victory dilutes the power of the anti-Israel lawmakers in Congress. Their numbers will grow, causing problems for party leaders trying to keep anti-Israel measures off the agenda. But they will remain a relatively small subset within a much larger Democratic majority that includes many moderates and Israel supporters.
Not only will anti-Israel members have less ability to hold Congress hostage, the overall issue of Israel loses some of its potency when the broader political winds indicate that all Democrats were boosted.
4. John Fetterman just lost his juice
Just as the sizable Democratic House majority makes Jeffries less dependent on anti-Israel lawmakers in his caucus, the next Senate Majority Leader won’t need to rely on Pennsylvania Sen. John Fetterman. For years, Fetterman has been driving fellow Democrats crazy with his cozying up to Republicans, with progressives especially upset over his die-hard support for Israel. Fetterman has even said that the one thing that could cause him to leave the Democratic Senate caucus would be his party turning decisively against Israel.
Had things broken differently, with Democrats grabbing a narrow 51-49 majority in the chamber, Fetterman’s influence would have been hypercharged. Now, not so much. The Democrats no longer need him to keep control of the chamber. So Schumer, should he regain the majority leader role, will have to worry much less about keeping the party’s top pro-Israel cheerleader happy. In 2028, he’ll be up for reelection and highly unlikely to survive the Democratic primary.
5. AIPAC has not found a formula for success
A few years back, the leading pro-Israel lobby decided the best way to counter the initial anti-Israel rumblings in Congress was to jump deep into the campaign fundraising business. Hundreds of millions of dollars later, the number of Israel critics in Congress – especially on the Democratic side of the aisle – has grown, with a fresh batch on the way. Moreover, in many races, anti-Israel candidates and AIPAC critics managed to turn the lobby’s backing into a liability.
Meanwhile, Trump’s seemingly impromptu announcement Tuesday that his administration would end aid to Israel after this year suggests that Republican backing for such support is dropping alongside Democrats’. And Tuesday’s results suggest AIPAC’s strong support for the U.S. and Israeli military strikes against Iran is out of step with the American public and many incoming lawmakers.
All of this indicates that AIPAC has yet to figure out how to manage the anti-Israel turn sweeping through American politics.
6. It was a great night for Jewish presidential hopefuls
U.S. Sen. Jon Ossoff says he isn’t running for president in 2028. But that won’t stop the speculation from skyrocketing after his impressive reelection in Georgia – Georgia?! – with nearly 60% of the vote. More importantly, he probably just grabbed frontrunner status in the race to become America’s first Jewish president. Pennsylvania Gov. Josh Shapiro also registered a similarly sized reelection victory in a state that Trump won just two years ago, but Ossoff – a fierce Trump antagonist and, increasingly, a critic of Israel’s military actions – cemented his rock star status among Democrats this cycle and has demonstrated an ability to bridge the gap between younger progressives and more traditional liberals.
Illinois Gov. JB Pritzker also cruised to reelection. Meanwhile in Michigan, moderate Elissa Slotkin – another senator and likely presidential hopeful (of course, which senator isn’t a presidential hopeful?) – may have at least propped open the door to some progressive support by campaigning hard for Abdul El-Sayed. All four have been highly critical of Netanyahu, with both Ossoff and Slotkin joining most of their fellow Democratic senators in voting in April for a curb on various weapons sales. Both senators have declined to label Israel’s actions in Gaza as genocide.
This article originally appeared on JTA.org.
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El-Sayed declares victory in Michigan Senate race that left many Jews uneasy
(JTA) — DETROIT – Democrat Abdul El-Sayed has declared victory in the hotly contested race for Michigan’s open U.S. Senate seat, capping a campaign that has prompted deep anxieties among Jews in the state and beyond.
With 88% of the ballots counted at around 2:27 a.m. ET, The Associated Press called the race for El-Sayed, who had 52% of the vote compared with 46% for his Republican rival, former U.S. Rep. Mike Rogers.”
In his acceptance speech, El-Sayed thanked supporters whom he said had welcomed him into “your homes, your churches, your synagogues.”
He also referenced his ardently pro-Palestinian views, saying, “They try to call you hateful if you believe that Palestinian kids should get to grow up in the land of their forefathers without being martyred by our tax dollars… We don’t want our money to be sent to do apartheid or genocidal war.”
During his victory speech, chants of “Free Palestine” were heard throughout the crowd. Mahmoud Khalil, the Palestinian Columbia University activist who was detained by the Trump administration, was in attendance.
The race had been viewed as crucial to Democrats’ hopes of retaking the chamber. But for many of Michigan’s estimated 105,000 Jewish voters, the campaign was defined instead by El-Sayed’s tumultuous relationship to the community.
That animosity extended beyond the Democrat’s fierce criticism of Israel to encompass his statements about attacks targeting the state’s Jewish community and his early campaigning with streamer Hasan Piker, who has made several controversial comments about Jewish voters.
His uncompromising stances on Israel have also made him a target among pro-Israel groups, including AIPAC, which has spent heavily against him in both the primary and general election. AIPAC’s rare entry into a general election race was in support of Rogers.
One of El-Sayed’s positions on Israel — to end all U.S. military aid — was once thought a far-left pipe dream. But that has changed. On Election Day morning, Trump announced that, under his watch, nearly $4 billion in annual U.S. military aid to Israel would wind down by the end of the year. Trump said Israeli Prime Minister Benjamin Netanyahu was in agreement with the need to end aid and deny Democratic critics a point of attack.
El-Sayed’s campaign has galvanized young voters and a range of other constituencies, and he pulled ahead in the polls in the race’s final stretch. But his questioning of Israel’s existence as a Jewish state and whether it or Iran posed a greater threat to the United States, as well as his prior associations with figures such as Hasan Piker, the streamer who has spread extreme rhetoric about American Jews, have sparked concern among Jewish Michiganders.
So, too, did comments the candidate made following the March terror attack on Temple Israel, a major synagogue in the state, in which El-Sayed appeared to link the attack to Israel’s war in Lebanon after reports that the attacker lost family in an Israeli strike. Hostile behavior from some of El-Sayed’s supporters toward pro-Israel Democrats, most prominently on display at the state party’s spring convention, has also alarmed Jews. El-Sayed has pledged to stand up to antisemitism.
Some Jews who had long considered themselves Democrats, including several local Jewish leaders, have cited such controversies in pledging to vote for Rogers. In some Michigan Jewish neighborhoods, yard signs proclaim that a vote for Rogers is a vote “against antisemitism.”
The post El-Sayed declares victory in Michigan Senate race that left many Jews uneasy appeared first on The Forward.
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Moskowitz wins Florida seat in race between two pro-Israel candidates
(JTA) — Democratic Rep. Jared Moskowitz beat Republican Scott Singer, the former mayor of Boca Raton, in a battle between two staunchly pro-Israel politicians in a redrawn district.
The redrawn district covers a stretch of Florida shoreline north of Miami and includes large Jewish communities in areas including Boca and Fort Lauderdale, and is seen as leaning slightly Democratic.
Moskowitz, who was endorsed by the lobbying group AIPAC, has touted himself as “the most pro-Israel Jewish Democrat in Congress.” Singer, meanwhile, was endorsed by President Donald Trump and the Republican Jewish Coalition.
Moskowitz has said there is an “ostracizing” associated with being staunchly pro-Israel in a Democratic Party that is increasingly including anti-Zionist voices. Singer seized on that sentiment, saying during a synagogue candidates’ forum that Moskowitz will be drowned out by the Democrats’ anti-Israel wing if he is reelected.
The candidates themselves have largely been aligned on the issue of Israel. Both have condemned accusations that Israel has committed genocide against Palestinians in Gaza. They each oppose any effort to condition or cut off U.S. military aid to Israel. Both supported Israel’s strikes on Iranian facilities in 2025, though Moskowitz has since called for the U.S. to end its war with Iran, whereas Singer said during a forum that the U.S. needs “to ensure victory here.”
Both candidates have also emphasized combating antisemitism in their campaigns, and say they would push to expand the Nonprofit Security Grant Program to increase funding for security at Jewish schools, synagogues and other institutions. They also are both in favor of codifying the International Holocaust Remembrance Alliance definition of antisemitism into federal law; critics say the definition wrongly lumps in some criticism of Israel.
In a campaign ad targeting antisemitism, Moskowitz pulled from the story of his family, some of whom — including his great-grandparents — were killed in Auschwitz during the Holocaust.
“In every generation, they rise against us,” Moskowitz said in the ad.
The post Moskowitz wins Florida seat in race between two pro-Israel candidates appeared first on The Forward.
