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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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Metropolitan Police investigating abuse of Jewish attendees at London Pride
(JTA) — London’s Metropolitan Police launched an investigation Monday into antisemitic abuse at a Pride parade after videos and pictures circulated on social media showed Jewish participants enduring taunts at Saturday’s event.
The police department said in a statement that officers were “aware of videos circulating online that show antisemitic verbal abuse directed towards attendees” at the parade in central London and that footage was being reviewed to assess whether criminal offenses had been committed. The department added that it “continues to work hard to tackle hate crimes of all types.”
Videos shared online show people carrying rainbow flags incorporating the Star of David being confronted by individuals shouting “Free Palestine.” The harassment escalated with attendees shouting, “Go back to your Zionist homeland,” “You kill Arab children, you kill gay children,” “F*** you, Jew,” and “How many babies did you kill?”
The Jewish Telegraphic Agency reached out to Pride in London for comment. The group had not replied by press time.
The incident comes amid heightened concern over antisemitism in Britain since Hamas’ Oct. 7, 2023, attack on Israel, with a record number of antisemitic incidents reported over the past two years. It also comes as Pride celebrations around the world have been roiled by tensions over Israel and antisemitism.
Pride in London drew tens of thousands of participants and visitors to the Soho neighborhood in the British capital. Some Jewish LGBTQ+ organizations have in recent years chosen not to participate in Pride, citing hostility towards Zionist Jews. But this year, around 150 people marched as part of a Jewish bloc at the event.
Organizers said the return this year followed discussions with Pride in London over Jewish inclusion and commitments that organizers would undertake antisemitism awareness training in partnership with the Community Security Trust, the main security consultant to the Jewish community. Jewish LGBTQ group Keshet UK stated earlier this year that the measures were intended to help ensure Jewish LGBTQ+ participants could march “safely and openly” following concerns raised after Oct. 7.
It was not clear whether the Jewish marchers who endured the abuse were part of the official Jewish bloc – accounts from marchers who stayed with the Jewish bloc were generally positive.
“A few people came and chanted ‘free, free, Palestine,’” Israeli author and LGBTQ+ activist Hen Mazzig told JTA. “They were passing through. And there was another person who was at a cafe and then they came by and they were just staring at us.”
Mazzig shared footage from the event on X, writing, ”My pride is not affected by the opinions of others. I am gay, I am Jewish, and I’m here to stay. Am Yisrael chai.”
Mazzig splits his time between London and Tel Aviv, because his husband is British. He told JTA in a phone interview that Saturday’s incidents “were scary, especially when a Pride parade is supposed to be inclusive.”
Mazzig said that since Oct, 7, circumstances have been exceptionally challenging for the British Jewish community “but specifically for LGBTQ youth that are being forced to choose between their Jewish identity and their queer identity.”
Mazzig claimed that Jewish marchers are not accepted unless they specify that they are anti-Zionist. “Every statement of solidarity with LGBTQ Jews seems to come with a ‘but,’” he said. ‘We support you, but not if you’re physically Jewish, not if you’re supporting Israel. You have to renounce half of your identity first.’ That’s not equality.”
In advance of Saturday’s event, some 650 Met police officers were deployed to enforce “zero tolerance” on hate crimes and to ensure that attendees could “safely and securely” enjoy the parade.
When JTA asked the Metropolitan police why at least two policemen appeared to stand by as Jews were subject to abuse, the Met requested that JTA provide the video in question. After being supplied with the video, the Met later told JTA that it had nothing further to add at this stage but would provide an update if it did.
Mazzig said the Met police should consider the abuse at the parade “shameful and it should alarm everyone.”
He added, “I hope that we stop debating whether or not antisemitism is real and accept it. And that communities that are supposed to be inclusive and pluralistic start taking action.”
The post Metropolitan Police investigating abuse of Jewish attendees at London Pride appeared first on The Forward.
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Israel’s diaspora minister calls Erdogan a ‘grotesque hybrid of Hitler and Sinwar’
(JTA) — Israel’s Diaspora Affairs Minister Amichai Chikli compared Turkish President Recep Tayyip Erdogan to Adolf Hitler and slain Hamas leader Yahya Sinwar in a post on X on Monday.
“We all know how narcissistic power-obsessed fanatics like you begin and how they end. The Jewish people have never feared mere flesh and blood, from Pharaoh until today,” Chikli wrote. “You are nothing but a pathetic blood soaked zero who history will soon forget.”
In the post, Chikli accused the Turkish leader of being a “patron of Hamas and ISIS” and described him as a “grotesque hybrid of Hitler and Sinwar” alongside an AI image of Erdogan in front of a Nazi flag.
Chikli’s post was in response to an address by Erdogan last month, in which the Turkish leader called Zionism a “genocidal occupying expansionist ideology” and said the “struggle” against Zionism was for the “collective survival of ourselves and our nation.”
Long-standing tensions between Turkey and Israel stoked by the war in Gaza have escalated in recent weeks, amid increasing Israeli concerns over the tight ties between Ankara and Washington and the possible sale of advanced American F-35 fighter jets to Turkey. Erdogan, who has consistently voiced support for Hamas, has been one of Israel’s most outspoken international critics.
Chikli’s post followed Israeli Prime Minister Benjamin Netanyahu’s blistering attack against Erdogan during an interview on “Fox & Friends” on Fox News Monday. Netanyahu said Turkey was “governed by a man who calls openly for the annihilation of Israel…and talks openly about conquering Jerusalem.”
The Israeli leader warned against the sale of weaponry to Ankara, portraying Turkey as an aggressive country that didn’t help the U.S. battle Iran. He spoke in advance of U.S. President Donald Trump’s trip to Ankara late Tuesday for a two-day summit of NATO.
“For a regime infected by the Muslim Brotherhood, an extreme movement that hates America and chants ‘death to America’ from that side of the spectrum, I don’t think they should be given F-35’s or the engines for their fighter jets,” Netanyahu told Fox News.
Such a sale would “upset the power balance in the Middle East, which is ultimately guaranteed by Israeli air superiority and … by America’s posture in the Middle East,” Netanyahu said.
Relations between the two regional powers have also been aggravated by the Israeli government’s June 28 decision to recognize the Armenian genocide by the Ottoman Empire during and immediately after World War I.
Turkey has condemned Israel’s recognition of the Armenian genocide. It’s a move so diplomatically controversial that to date, only some 33 countries, aside from Israel, have taken this step, including the U.S. in 2021.
According to Politico, Erdogan said in a public address last week, “We do not give the slightest heed to the slanders about our country from the murder network that has the blood of 73,000 innocent Gazans, most of them children and women, on its hands.”
Israel’s Minister of Foreign Affairs, Gideon Saar, also took aim at Turkey’s foreign minister, Hakan Fidan, during a press conference in Jerusalem Monday, decrying Fidan’s comments to CNN Türk on Friday in which he said that Israel had become a “burden that humanity can no longer bear.”
“The remarks by Turkey’s Foreign Minister are a clear call for genocide,” Saar said. “The Jewish people know all too well what happens when such words are allowed to go unanswered. The first step on the road to genocide is dehumanization.”
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A narrowed Michigan Democratic Senate race leaves Jewish voters with a stark choice
(JTA) — When Michigan state senator Mallory McMorrow suspended her campaign for the U.S. Senate on Sunday, some progressive Jews were bereft.
“I’m still in mourning,” Eve Mokotoff, a public health expert who had been advising McMorrow’s campaign on issues including Jewish ones, told the Jewish Telegraphic Agency the next day. “You have to understand, I was sobbing yesterday.”
McMorrow, who is married to a Jewish man and raising a Jewish child, had sought to carve a progressive identity in the state while taking on the far left, particularly on Jewish issues and Israel.
Now with her out of the primary, the race is down to two candidates with polar opposite visions of the Democratic party’s future — particularly on Israel policy — battling over a seat that the party must retain if they hope to flip the Senate in November.
The race will inevitably be seen as a bellwether for the party’s larger orientation on Israel.
The sharp reorientation of the party in the recent years to embracing Israel-critical policies will be exacerbated by the specific dynamics of Michigan. A state home to large Jewish and Arab/Muslim populations weathered the attack at Temple Israel in West Bloomfield, outside Detroit, earlier this year and in 2024 saw the rise of the Uncommitted movement that pressured party leaders over Gaza.
Dr. Abdul El-Sayed, a former county health director who has grassroots momentum in the state, has said the Israeli government is as “evil” as Hamas and made headlines for campaigning with streamer Hasan Piker, an anti-Israel hardliner. His opponent, U.S. Rep. Haley Stevens, has accepted backing from AIPAC, whose affiliated super PAC has spent over $10 million on the race according to Federal Election Commission disclosures, at a time when the pro-Israel behemoth is historically unpopular among Democrats.
Neither campaign’s representatives responded to JTA requests for comment for this story, though both have issued statements reaching out to McMorrow supporters since she left the field. Mokotoff described the new playing field as “a terrible choice.”
“I don’t trust either of them,” she said. “You either have someone whom I completely don’t trust, or someone who can be completely manipulated by the state of Israel.”
For many of the state’s other estimated 129,000 Jews, the choice is less difficult. While analysts are torn on what McMorrow’s exit from the race will mean for each candidate, Jewish Democratic leaders — and some clergy — in the state are coalescing around Stevens.
Michigan Attorney General Dana Nessel, who is Jewish and a close ally of Gov. Gretchen Whitmer, endorsed Stevens following McMorrow’s announcement. “Haley cares deeply about the needs of her constituents,” Nessel wrote in her announcement.
The Michigan Jewish Democratic Caucus had already endorsed Stevens, as well — but it had been close between her and McMorrow, the group’s chair told JTA.
“The Jews that I know, my sense is that if they were supporting Mallory, they’re going to support Haley at this point,” Jessica “Decky” Alexander, the caucus’s chair, told JTA.
While Alexander added that she could “still see myself supporting” El-Sayed if he wins the nomination, some Jewish clergy in the state have sounded loud alarms about his candidacy.
“For many Michigan Jews, the Democratic primary race for senator feels like an existential moment,” Rabbi Aaron Starr, of the historic Conservative Congregation Shaarey Zedek in the Detroit suburb of Southfield, told JTA. “We pray that our neighbors and fellow Michigan residents will vote to reject extremism and the kind of rhetoric that leads to violence.”
Along with his fellow Shaarey Zedek clergy, Starr authored a letter to congregants in June urging them to support “the candidate whose record, actions, and rhetoric demonstrate the strongest commitment to protecting Jewish lives by combating antisemitism, seeking federal security funding for American Jewish communities, and supporting Israel’s security and right to exist as a Jewish state.”
“As a clergy team, we agreed that we cannot remain silent if our voice might encourage people to prioritize protecting Jewish lives,” Starr told JTA.
The letter, which invoked the Book of Esther, did not name Stevens or any other candidates. But to JTA, Starr called Stevens “an ongoing friend of the Jewish community” who “personally reached out to me after October 7,” referring to the 2023 Hamas-led massacres in Israel that launched the Gaza war. El-Sayed — whom Starr said he has “heard nothing from” — has publicly expressed doubt that Israel should be a Jewish state.
Now that the race had narrowed, Starr said, “We are hoping that it is now even more likely that the November election will see two candidates who recognize Israel’s right to exist as a Jewish and democratic state, who support Israel’s right to defend itself when under threat, and who will be committed to protecting American Jews in Michigan and around the U.S.” The likely GOP nominee is Mike Rogers, a former congressman known for his pro-Israel outlook.
While El-Sayed often welcomes the Jewish community at his rallies, his comments on local radical behavior affecting Jews have also caused controversy. He angered Jewish leaders, including a rabbi at Temple Israel, when he issued a statement about the attack at that congregation that mentioned Israel’s war in Lebanon.
In recent weeks El-Sayed also suggested that a group of pro-Palestinian protesters at the University of Michigan, recently arrested by federal authorities and accused of plotting attacks against university officials, were politically targeted.
“It’s a lot more about what you’re advocating for that gets you indicted or not indicted, rather than what you did,” El-Sayed told a rally of supporters about the indictments last month, according to the Detroit News. One of the arrested protesters had briefly worked for El-Sayed’s campaign.
His campaign has amplified the voices of Jewish supporters, including former U.S. Rep. Andy Levin, who lost his reelection bid in a redrawn district to Stevens in 2022 after AIPAC backed Stevens.
El-Sayed’s campaign has also launched a Jews For Abdul affinity group. The group’s mission statement says the candidate “correctly recognizes that the Israeli government does not speak for all Jewish people, or even for all Jewish citizens of Israel,” and “has properly characterized Israel’s US-enabled genocide in Gaza to be among the most immoral events of our time.”
An El-Sayed campaign spokesperson did not respond to a JTA inquiry about how big the group is. Alexander, the state’s Jewish Democratic Caucus chair, said she believed it was “a very small faction.”
Nationally, the Jewish Democratic Council of America, which had endorsed both McMorrow and Stevens, reaffirmed its commitment to Stevens on Monday. Meanwhile, J Street, the liberal pro-Israel lobby, had backed McMorrow. In a statement Monday to JTA, the group did not endorse a new candidate.
“We are grateful to her for the campaign she ran and the nuance she infused into this race,” Tali deGroot, vice president of political and digital strategy, told JTA. “We hope the next Senator from Michigan will be an advocate for peace and diplomacy in the Middle East and will recognize the need for a new U.S. policy toward Israel.”
A new super PAC formed to counter AIPAC’s influence signalled in a statement on Sunday that it was prepared to get more directly involved in the race on El-Sayed’s behalf. American Priorities PAC told reporters it was “fully committed to seeing Abdul El-Sayed become the Democratic nominee for Senate in Michigan, and we will do what it takes to get there.”
Representatives for El-Sayed and American Priorities PAC did not respond to questions from JTA about whether the candidate, who has said he would reject all PAC funding, would accept American Priorities’ financial support.
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