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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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Vance, who’s drawn ire of Jewish conservatives, will speak at Republican Jewish confab
(JTA) — Vice President JD Vance, who has drawn the ire of a number of Jewish conservatives, will speak at the Republican Jewish Coalition’s annual summit in Las Vegas on Monday, the RJC confirmed.
“The Republican Jewish Coalition is proud to welcome Vice President JD Vance to our National Leadership Summit in Las Vegas,” said an RJC spokesperson. “JD Vance is a friend, who is coming back after first joining us in 2022 as a candidate for the US Senate.”
Vance’s appearance comes as a number of Jewish Republicans and major GOP donors have indicated that they would rather support Marco Rubio for the presidential nomination in 2028 than Vance, who is seen as Donald Trump’s likeliest successor. Some of those donors will be in the room on Monday at the Venetian Resort, which is owned by the billionaire Adelson family — a major backer of Trump and various Jewish and Israeli causes.
The vice president has lost the confidence of the pro-Israel crowd with his reprimanding of Israeli officials, indulgence of anti-Israel conspiracy theories and silence on Tucker Carlson, the prominent pundit who has spread antisemitic conspiracy theories. Multiple donors told the Jewish Telegraphic Agency during last year’s confab that they would not support Vance in 2028.
Carlson, meanwhile, was a major focus of the discussion at the RJC’s 2025 summit, where signs reading “Tucker is not MAGA” were handed out to attendees. His son, Buckley Carlson, is a former Vance staffer.
An agenda sent by the RJC lists Vance as a speaker during a Monday evening session that will be closed to press. A spokesperson confirmed that Vance will be speaking in a “fireside chat.”
A number of high-profile Republican candidates are also expected to speak at the RJC confab, which is being held on Sunday and Monday, a few months ahead of the midterm elections. Speakers include U.S. Senate candidates Mike Collins, the Georgia congressman who is challenging Jewish Democrat Jon Ossoff, and former Rep. Mike Rogers, who is running against Abdul El-Sayed in Michigan.
Collins has faced accusations of antisemitism and having ties to the far right. He has said that some of his statements were misunderstood, and has defended himself by citing his support for Israel.
This article originally appeared on JTA.org.
The post Vance, who’s drawn ire of Jewish conservatives, will speak at Republican Jewish confab appeared first on The Forward.
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Israeli expats push for voting rights in Oct. 27 election
(JTA) — When Ilana Mittman, a retired social scientist with American and Israeli citizenship, began arranging a trip to Israel from her home in Baltimore, she planned to observe her late father’s Yahrzeit and cast her ballot in the national elections on Oct. 27. Checking her voter registration status online, she made a startling discovery: She had been excluded from the voter registry and was ineligible to vote.
The discovery came as a shock. Mittman’s mother was born in pre-state Palestine. Her parents had drained swamps in order to create arable land and served in the Haganah pre-state military organization.
Mittman has lived in the United States since 1980, having moved for her husband’s medical studies and career. But she has never viewed her life abroad as severing her ties to Israel. She watches television in Hebrew, follows the country’s news, stays in frequent contact with family, donates to the country’s emergency services and engages in pro-Israel advocacy efforts.
“I didn’t really choose to leave the country; I fell in love with a man who came from overseas, and I followed him,” she said. “I’ve grieved for the loss of my country and my friends … It’s been a constant, chronic sorrow.”
Puzzled by the discovery of her voter status, Mittman reviewed her records through the Ministry of Interior online portal and noticed that on March 7, 1986, her residency status had been altered under administrative “Code 51.”
That date matched a visit to the Israeli Consulate in San Francisco shortly after the birth of her son, where she went to register him as an Israeli citizen in accordance with consular requirements. She said that during that routine appointment, consular staff took away her state-issued ID card without explanation, leaving her with only her passport for foreign travel.
“I remember how bad of a feeling it was to give that document away,” Mittman recalled. “I felt I gave a part of myself away when that happened. But I didn’t know that my biggest right as a citizen – the right to vote – was just robbed from me.”
When she spoke with friends in the expat community, it turned out that others had found themselves in a similar situation. Some only made the discovery after they had already made expensive travel arrangements to return to Israel for the election, since voting must be done in person.
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Under Israel’s Basic Law: The Knesset, every Israeli citizen aged 18 or older has the right to vote, unless a court has deprived them of that right. In practice, however, voting is limited to those included in the voter registry.
Israelis whom the government classifies as nonresidents are assigned a designation known as Code 51 and removed from the voter registry, even though they retain their citizenship.
As expats across North America, Europe, Australia and South Africa began to realize in the lead-up to the October vote that they were no longer in the voting registry, they began comparing their experiences in a WhatsApp group that grew to some 120 members.
Some, like Mittman, had not voted in Israel for decades. Others, like kibbutz-born Ayala Graham, had returned to vote in the previous elections, held just four years ago. Yet others retained their eligibility, such as Graham’s husband, who hadn’t cast a ballot in Israel in four decades.
“My blood is boiling from this situation,” said Graham, who left Israel in 1986. “I am a citizen through and through, and I was very offended by this arbitrary rejection. I feel that in these elections, the situation is even more acute than in 2022.”
With the grounds for rescinding voting eligibility opaque and no easy path to appeal the exclusion, the disenfranchised Israelis decided to pursue legal action. They are calling the grassroots initiative to restore their voting eligibility “Our Right to Vote – Code 51.”
To challenge the Code 51 exclusions, the group raised money for legal representation through crowdfunding. Then they initiated a multi-stage legal strategy designed to exhaust administrative remedies before escalating to Israel’s Supreme Court.
Represented by attorney Gilead Sher, they submitted a Freedom of Information request to compel the Israeli Ministry of Interior to disclose the criteria behind the administrative “Code 51” designations. Then they sent letters to the Ministry of Interior, the attorney general and the Central Elections Commission requesting the immediate restoration of their status.
The Israeli Ministry of Interior has not yet responded to the group’s letter about Code 51, the criteria used to remove expats from the voter registry, or the total number of citizens affected by the regulation.
Israeli Ministry of Interior spokesperson Yaffa Shai did not address questions about the meaning of Code 51 posed by the Jewish Telegraphic Agency. Instead, she pointed to Israeli election law, which requires voters to be listed in the Population Registry as residents, with an address in Israel, and stressed that the ministry had conducted “an extensive multilingual campaign” urging citizens to check their voter status.
Since the law requires that the voting registry be finalized on Sept. 3, the legal team set a one-week deadline for administrative responses. If the matter remains unresolved, they intend to file an emergency petition directly with the Central Elections Commission and the High Court of Justice.
There is no known official count of how many Israeli expats have been excluded from the voter registry. “We received a rough, totally unofficial estimate of several dozen thousands, out of whom we represent about 120,” said Sher, the lawyer.
He stressed that there is also no clarity regarding the criteria used to remove citizens living abroad from the voter registry. “Our argument is that whatever this arbitrary Code 51 stands for or signifies, it cannot override the constitutional right to vote,” he said.
Sher acknowledged the possibility that some expats who travel to Israel to vote may only discover their status on election day. Given the tight timeframe before the election, Sher is seeking both temporary relief and an interim injunction in the petition to ensure eligible citizens are not disenfranchised while bureaucratic procedures are reviewed.
‘Essentially voter suppression’
On the West Coast, another Israeli expat, Silicon Valley attorney Rony Sagy, was struck by the arbitrariness of the system, particularly given her past travels to Israel during election cycles.
For the IDF elite unit veteran, maintaining a close connection to Israel has been consistent over decades of living in the U.S. Her career as a San Francisco–based lawyer has included serving as a legal bridge between Israeli startups and American tech companies, and she travels to Israel several times a year, renews her passport and keeps a permanent address in the country.
She suspects that her name was removed from the voter roll following a routine consulate visit for passport renewal sometime in the 1980s, during which she was required to surrender her domestic Israeli ID card. She noted that the experience was difficult enough for someone with deep connections to the country, but the lack of transparency surrounding the act added insult to injury.
“Voting was always very, very important to me,” Sagy emphasized. “My understanding was that my voting rights would not be hampered by the confiscation of my ID card. The uneven, unidentified way or form of removing certain people from the voter rolls is essentially voter suppression.”
The debate over Israeli citizens’ inability to cast ballots from abroad with limited exceptions (for example, official government representatives stationed abroad), has been ongoing for decades. Proponents of overseas voting note that most Western democracies allow it. Opponents argue that the large number of Israelis living abroad could potentially sway an election, even though those living in Israel bear the consequences of its outcome more directly.
Public opinion in Israel on overseas voting is split, though polls typically focus on whether expats should be allowed to cast ballots from abroad rather than retain their eligibility to vote if their center of life is elsewhere.
A survey last year by the Israel Democracy Institute found that 51% of Israelis opposed allowing citizens living abroad to vote from overseas, while 39% supported it. Opposition was particularly high among Arab respondents – 55% opposed, 36% supported – relative to Jewish respondents. Among Jewish respondents, opinion was evenly divided, with 45% supporting and 45% opposing overseas voting.
Attitudes were also strongly associated with respondents’ own willingness to leave the country. Among Israelis considering moving abroad, 52.5% supported overseas voting and 40% opposed it, compared to 34% support and 55% opposition among those not considering leaving Israel.
Members of the group challenging the denial of their eligibility to vote point to the global economy, which facilitates remote work, as well as the rising number of Israelis who have left the country since Oct. 7, 2023, due to Israel’s enmeshment in several regional wars. Some have deliberately chosen to disconnect. Mittman, however, believes that the number of years spent living abroad should not define the strength of one’s connection.
“What do you mean by center of life?” she asks. “If I spend hours a day immersing myself in Israeli culture, if I am supporting friends and relatives in Israel and charitable causes in every way I can … I feel that my heart is there, that I’ve never ceased to be an Israeli. So, what does it mean to be a citizen if you cannot vote?”
She insisted that this initiative to restore expats’ voting rights is not partisan: “If somebody told me today that I can vote, I don’t know who I’m going to vote for. I have not decided.”
Regardless of whether the legal challenges are resolved ahead of the election, she plans to make the trip, spending election day volunteering to help elderly and mobility-impaired voters reach their polling stations.
This article originally appeared on JTA.org.
The post Israeli expats push for voting rights in Oct. 27 election appeared first on The Forward.
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Jon Ossoff joins Democrats distancing from Hasan Piker
(JTA) — Georgia Sen. Jon Ossoff distanced himself from left-wing streamer Hasan Piker, who has called Ossoff a “dark-horse” presidential candidate, citing Piker’s “reckless and dangerous rhetoric” about American Jews.
Ossoff is facing criticism from some of his state’s local Jewish community over his votes to block certain arms sales to Israel. He has joined a chorus of Democrats who criticized Piker this week over recent comments that many interpreted as justifying threats to American Jews, including a number of democratic politicians.
Speaking on a Twitch livestream on Aug. 20, Piker stated, “If Jews in America keep putting this idea out there that they are singularly invested in Israel, eventually someone’s going to come around and take action.” Piker added, “Not against the state of Israel, mind you, but against American Jews.”
An Ossoff spokesperson told the Atlanta Journal-Constitution on Thursday that he “unreservedly rejects reckless and dangerous rhetoric suggesting that policy advocacy invites violence against the Jewish community or any community.”
“American Jews and all Americans must have the freedom and security to speak out and petition their government without fear of reprisal,” the spokesperson added.
Ossoff’s politics and sharp criticism of Trump have generated buzz about him potentially running for president in 2028, and have attracted some left-wing figures who have lauded his messaging.
Piker was initially among those figures, telling the Jewish Telegraphic Agency in April that he was “intrigued” by Ossoff.
“I think he’s very charismatic, and he’s done things that I’ve found to be interesting, given his position in Georgia, when he was one of the first lone voices in the Senate that actually was critical about sending aid to Israel early on,” Piker said at the time. “I was like, that’s a unique position for — he’s Jewish as well — for a young American Jew to take in Georgia.”
Piker said that he heard from young Georgian Jews in his online community who “could not believe that their synagogues and their rabbis and their organizations in their communities took out like a full page ad yelling at Jon Ossoff for taking a stance against arming the State of Israel.”
Ossoff’s campaign had never responded to requests for comment about Piker until Thursday, as a slew of Democrats condemned the anti-Israel streamer’s comments.
Later that day, Piker was decidedly less enthusiastic about Ossoff when speaking on his stream.
“I don’t like Jon Ossoff,” Piker said, adding that he had “wanted to see if he had the right instincts” before declaring himself a full-fledged supporter.
“This is a moment where it’s very clear that he does not have the right instincts.” he added.
In a post on X, Piker also explained how Ossoff’s Israel stance was what sparked his initial excitement about the senator.
“i think jon ossoff’s best strengths came from his lack of interest in attacking his left flank & focusing on trump’s corruption & scandals instead,” Piker wrote. “i said he was a dark horse because he’s been smart enough to back restrictions on weapons transfers to israel at times regardless of his incredibly conservative voting track record otherwise.”
The clash between Ossoff and Piker comes as members of the Jewish community in Atlanta have criticized the Jewish Democrat, largely over his votes to block certain arms sales to Israel. Ossoff is running for reelection in November in a high-profile battle against Republican Rep. Mike Collins that could determine which party controls the Senate.
Ossoff first voted to block weapons sales to Israel in November 2024, spurring a critical open letter from several Georgia Jewish organizations including synagogues, Jewish schools, the local Anti-Defamation League chapter and other groups. His vote also drew the attention of AIPAC, which released 30-second ads attacking U.S. senators — including Ossoff — who had voted to block weapons sales.
Michael Morris, publisher of the Atlanta Jewish Times, penned an open letter earlier this month blasting Ossoff for voting to block weapons sales to Israel again in July 2025 and April 2026.
“I hear you claim, over and over again, that you support Israel — that your support is ‘ironclad,’” Morris wrote. “It is not.”
Morris accused Ossoff in the letter of “lying to me and your constituents” about his support for Israel. Days later, Republican House Speaker Newt Gingrich appeared to run with that accusation in a post that attacked Ossoff, in response to the Senator’s remark about Donald Trump and his aide Natalie Harp.
“Ossoff routinely lies as the Jewish leaders in Atlanta pointed out recently and we should accept that he is a profoundly dishonest politician with no sense of honor,” Gingrich wrote.
Asked about Ossoff’s comments on Piker, Morris told JTA he agreed with the statement, but that it wasn’t enough to win his support.
“It’s better than him supporting Piker — absolutely, 100%,” Morris said. “But, you know, talk is cheap, and trying to push one extremist a little bit out of the envelope — it’s one little step forward. Very little.”
This article originally appeared on JTA.org.
The post Jon Ossoff joins Democrats distancing from Hasan Piker appeared first on The Forward.
