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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Far-right win in Germany regional race sends shockwaves through Europe

(JTA) — A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.

The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.

The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.

Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”

The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.

Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.

Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”

Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”

Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.

French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”

“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”

France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.

Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.

Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.

“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.

Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.

Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”

André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”

And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.

While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.

Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”

Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.

Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.

“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.

This article originally appeared on JTA.org.

The post Far-right win in Germany regional race sends shockwaves through Europe appeared first on The Forward.

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How synagogues and Southern Jews came to mourn Robert E. Lee

In October 1870, mourning covered New Orleans.

The doors of the St. Charles Theater and Academy of Music were draped following the death of Robert E. Lee. Along St. Charles Street, saloons displayed signs of grief. Black and white cloth appeared on private homes, stores, banks and warehouses. The New-Orleans Weekly Times reported that “the rich and the poor vied with each other in their outward manifestations of grief.”

On Carondelet Street, the synagogue was draped too. Here at the Congregation Dispersed of Judah, the main door “presented a cloud of white and black draping.” Inside, the congregation’s spiritual leader, Rabbi Henry S. Jacobs, delivered a eulogy for Lee. He turned to Zechariah 11:2 and compared the dead Confederate general to a fallen cedar.

In Galveston, Texas, another Southern Jewish congregation went further. At what a newspaper described as an “Orthodox congregation of Israelites,” a prayer was offered for Lee’s soul. It asked God, “who resteth in the highest heavens,” to grant Lee rest beneath the wings of divine providence.

“We pray to the Almighty that He shall keep him under His wings forever,” the congregation prayed, so that “at the resurrection” Lee’s soul would be among those “prepared to live again.”

The synagogue memorials were not isolated expressions of grief. Many Southern Jews had supported the Confederacy, served in its army and shared their neighbors’ admiration for Lee. Lee had also developed a reputation among Jewish soldiers for respecting their religious practice during the war. Their mourning reflected both a Jewish community deeply embedded in the society around it and a particular memory of Lee that would endure for generations.

Fighting for the Confederacy, observing Yom Kippur 

For Jewish soldiers, loyalty to the Confederacy and religious observance could exist side by side. Confederate officers sometimes accommodated those needs, and Lee himself corresponded with a Richmond rabbi about allowing Jewish soldiers to observe their holidays.

In September 1861, around 40 Jewish soldiers stationed at a Confederate army camp in Pensacola, Florida, received permission from General Braxton Bragg to observe the Day of Atonement. Newspapers across the South reported that as the soldiers prayed “to the God of their fathers,” they “forgot not the Government for which they have taken up arms.”

That same year, Rabbi Maximilian J. Michelbacher of Richmond reminded Jewish soldiers that Rosh Hashanah and Yom Kippur were approaching. A Richmond correspondent estimated that thousands of Jews were serving in Virginia and wrote that “no class of our citizens have responded more liberally to the treasury and army of the Confederacy than the Southern Jews.”

Michelbacher also corresponded with Lee about allowing Jewish soldiers time away from the army for religious observance.

In 1864, he asked that Jewish soldiers be allowed to return to Richmond for the High Holidays. Lee declined to grant a general furlough but told the rabbi that he would “gladly do all in my power to facilitate the observance of the duties of their religion by the Israelites in the Army.”

Individual applications, he said, could be approved when circumstances allowed.

An account recorded in the 1887 work Christ in the Camp: Or Religion in the Confederate Army by Reverend J. William Jones, a Southern Baptist minister and Confederate chaplain, described a captain rejecting a Jewish soldier’s request to attend religious services. The captain wrote that if such applications were approved, “the whole army would turn Jews or Shaking Quakers.”

Lee overruled the decision. He returned the request with advice that the captain “should always respect the religious views and feelings of others.”

In 1870, Lee visited Norfolk, Virginia. Among those who came to see him was Emanuel J. Myers, an 89-year-old Jew who had served under Napoleon I and received the French Legion of Honor.

A report in The Israelite, a Cincinnati Jewish newspaper, described Myers approaching with a “full flowing, snow beard,” his medal shining on his breast. The old soldier greeted Lee with “a hearty shake of a soldier’s hand.”

The newspaper called Lee the “brave hero” and “great chieftain.”

The Almighty, the reporter said, had allowed Myers to live long enough to “grasp the hand of one whom we all delight to honor.”

Lee died five months later.

Remembering Lee as a friend to the Jews

Decades later, Lee was still being invoked as a symbol of religious tolerance.

In 1914, Rabbi Henry Barnston of Temple Beth Israel in Houston referenced Lee’s defense of a Jewish soldier’s religious observance while speaking about the persistence of intolerance. Others used the story similarly. In 1922, The American Israelite put it on its front page beneath a simple headline: “General Lee Respected the Jews.” Four years later, Vanderbilt University professor Edwin Mims invoked Lee while arguing against religious bigotry. His words, Mims said, “ought to ring out in America today.”

Nor were these accounts confined to the South. A story about Lee’s respect for Jews appeared in The Wisconsin Jewish Chronicle in 1928. In 1930, University of Wisconsin president Glenn Frank spoke about it at a memorial for Lee while condemning intolerance in the South. “You cannot fight for even one hour in the ranks of intolerance,” Frank said, “without turning traitor to the memory of the great Lee.”

The story took on new meaning after the October 1958 bombing of The Temple in Atlanta. The explosion tore through the synagogue building after Rabbi Jacob Rothschild had become an outspoken supporter of civil rights. One person claiming responsibility invoked a “Confederate Underground.”

In an op-ed published afterward in The Arizona Post and other outlets, David Schwartz, a writer with the Jewish Telegraphic Agency, remembered the long history of Jews in Georgia and returned to the story of Lee defending a Jewish soldier’s religious observance.

“I don’t think Robert E. Lee would have liked to be associated with them,” he wrote, referring to the self-described “Confederate Underground” that claimed responsibility for the bombing.

Back in 1870, the synagogue memorials in New Orleans and Galveston had been part of a much wider response to Lee’s death. In Memphis, a newspaper remarked on the range of people who joined the city’s funeral procession, including Northerners, immigrants and “Hebrews,” writing that “none were found to show disrespect or even indifference.”

As plans emerged for an equestrian monument to Lee in Richmond, organizers proposed that on memorial days throughout the South, “every congregation, Christian and Hebrew,” make a contribution. The statue, erected in 1890, stood until 2021.

The post How synagogues and Southern Jews came to mourn Robert E. Lee appeared first on The Forward.

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He went to a different Manhattan synagogue every week. Here’s what it taught him.

(JTA) — Reporting on the Jewish community is a lot like ornithology, except instead of birds the goal is to describe the dress, the habits and the particular behavior that distinguish, say, the Black-Hatted Monsey Orthodox from the Greater Philadelphia Jewish Renewalist. The careful shul-watcher notes their habitats, listens carefully to their songs and pays close attention to the things they eat.

Andrew Waxman is a banking and risk management consultant, not a journalist or an ornithologist. Yet he’s written what amounts to a field guide to the varieties of being and praying Jewish in New York City. For “My Year in New York Synagogues,” he spent his Friday evenings and Shabbat mornings in 2025 visiting nearly every synagogue within walking distance of his home on the Upper West Side.

That’s close to 50 synagogues, including most of Manhattan’s significant congregations. He also includes a few unclassifiable communities, such as a Jewish runners’ club and meetings of the Hostages Forum in Central Park.

The result is part sociological field trip to New York City’s Jewish landscape and part love letter to the city’s Jewish variety: Ashkenazi, Sephardic, Moroccan, LGBTQ, Modern Orthodox, haredi Orthodox, Conservative, Reform, Reconstructionist and independent, to name a few.

Written at a time when the city’s Jews are on edge, buffeted by waves of antisemitism and anti-Zionism, Waxman wants to remind them that the community’s diversity and creativity are its strength.

“The impetus for the book really was just the awe in which I find myself around the number of amazing communities, and the diversity that we have in New York that I really think is unparalleled in Jewish history,” he said in an interview.

His stops include familiar places like Central Synagogue, where Rabbi Angela Buchdahl’s Asian-American background, a talented musical ensemble and distinct Moorish Revival architecture helped Waxman, who describes himself as liberal Orthodox, see a “community very comfortable in its approach to spirituality and Judaism, forging its own path, authentic in its own way, distinctive even amongst all the differences that characterize so many New York communities.”

At Or Zarua, the egalitarian Conservative synagogue on the Upper East Side, the intimate scale allowed a lively back-and-forth between rabbi and congregants during the Torah reading.

Meanwhile, the cavernous Young Israel of the Upper West Side offered a surprise: A synagogue he remembered as nearly empty and elderly had, decades later, become packed with young Orthodox Jews.

Less well known is the Koznitz. Behind an unmarked green door on the Upper West Side, Waxman found what a friend called the “speakeasy minyan.” There 70 or so men gather for “no frills, fast and lay-led” Shabbat prayers in a congregation named after the 18th-century Koznitzer Rebbe and his descendants.

“I realized that everybody feels that their community is special,” Waxman said. “And their community, whether it’s Reform, Reconstructionist, Conservative, they feel proud and they feel very connected.”

Waxman’s synagogue year included the bittersweet resolution of the Israeli hostage crisis, as well as the simmering aftermath of the campus protests and growing political tensions over Israel and antisemitism after Oct. 7. Many congregations added prayers or other rituals remembering the hostages, efforts that crossed political lines.

Other times, the ideological divides were stark. In Orthodox synagogues, Waxman heard rhetoric about Israel and the war that he described as “aggressive, jingoistic almost.” At the Orthodox Fifth Avenue Synagogue, one member of the “Kiddish Club” joked about Upper West Side liberals and another proudly mentioned his apartment in Trump Tower. At the liberal independent B’nai Jeshurun, the rabbis’ remarks included concern for Palestinians as well as Israeli Jews.

Few of those political discussions make it into his guidebook, however. If some congregations were seeing a growing contingent of anti-Zionists in the pews, for example, he doesn’t mention it. Waxman acknowledges that he sought to avoid labelling congregations by their politics. “It has been distressing to see political discord come between families and communities and I have no wish to put a pin on that,” he writes.

man and book cover
Andrew Waxman’s book, “My Year in New York Synagogues,” is a subjective guide to close to 50 different communities. (Courtesy)

Waxman tends to focus on the positive, ending each entry with a short description of the synagogues’ “strengths” and “distinctiveness.” In the admittedly very tiny genre of synagogue reviewing, others have been a little more pointed in their assessments. London’s Jewish Chronicle used to run reviews by Secret Shulgoer that awarded (and took away) stars based on “warmth,” “welcome,” “decorum” and “service.” In the 1990s, Kol Ha’Ir, an alternative Jerusalem weekly, dispatched the sharp-tongued Jacky Levy to review synagogues as he would a play or restaurant; he once compared a Reform synagogue to a church.

More recently, David A.M. Wilensky of J., the Northern California Jewish weekly, took  a journalistic approach in his “Jew in the Pew” column, offering his own observations and quoting congregants on their impressions, positive and sometimes negative, about their Bay Area synagogues.

Waxman’s goal appears more boosterish than critical or journalistic. He sees his ideal reader as someone who has just moved to the city and is looking for a spiritual home. Anticipating their criteria, he describes not only the prayers and sermons but the people, clothes, melodies, architecture and conversation.

And, yes, the kiddush.

He had initially joked with a friend that the book might simply be about kiddushes, the receptions that follow most Saturday morning Shabbat services. Do they serve meat? Will it be enough food to count as lunch? Who showed up “JFK” — just for kiddush?

But the food turned out to be more than comic relief. Kiddush, Waxman said, is where community happens. People who may not see one another during the week reconnect. They talk about their children, their problems, who’s getting married, who might be ill.

And he suspects that kiddush has become competitive.

At Altneu, a new Orthodox synagogue that broke away from Park East Synagogue in 2022, Waxman found a bartender, tequila and an impressive selection of whisky. He notes that other Orthodox synagogues in the area now regularly offer meat kiddushes, suggesting that congregations are using food to lure and hold on to members.

As for clothes, Waxman grew up in an Orthodox synagogue in Manchester, England, where the congregation president and other leaders wore top hats. The custom persists at The Jewish Center on the Upper West Side, where the rabbis and officers wear top hats and morning suits between Sukkot and Shavuot. Elsewhere, especially but not exclusively at non-Orthodox synagogues, the codes have loosened: Reflecting a similar change in corporate life, men have doffed their jackets and ties; women often swap skirts and dresses for slacks.

Waxman hadn’t attended a Reform service before setting out on his grand tour, and he said that the experience changed him. Himself a member of Darchei Noam, a “partnership minyan” that combines Orthodox ritual with expanded roles for women, he appreciated how the Reform congregations included Hebrew selectively but intentionally in their prayers. He admired congregations like Romemu, which resists easy denominational categorization, for their willingness to bend the traditional service structure — to go “off piste,” as he put it — rather than treat the prayer book as a script that must be followed exactly.

Waxman may have set out to write a Yelp for synagogues, but the project came to mean more. In addition to a sense of abundance, he found a spirit of hospitality. Currently working on a project in Mexico City, he noted how synagogues there won’t admit strangers — even the author of a book on New York synagogues — unless they sign up in advance. He insisted that, despite heightened security, New York’s synagogues are still welcoming places for newcomers.

“I’m hopeful that New York can remain as open as it is to the stranger,” he said. “Judaism, at the end of the day, for me, is really about giving people a community, a sense of belonging.”

This article originally appeared on JTA.org.

The post He went to a different Manhattan synagogue every week. Here’s what it taught him. appeared first on The Forward.

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