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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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Lander unseats Goldman on winning congressional election night for Mamdani
Former City Comptroller Brad Lander handily defeated incumbent Rep. Dan Goldman in the New York Democratic primary Tuesday night, while lesser-known Assemblymember Claire Valdez secured the nomination for another House seat — both after campaigning as sharp critics of Israel and with the endorsement of Mayor Zohran Mamdani.
Preliminary results showed Lander with about 66% of the vote to Goldman’s 34%. Valdez won with 56% of the vote for the open seat being vacated by Rep. Nydia Velazquez. Both are virtually assured of winning the general election in November in their heavily Democratic districts.
A third candidate whom Mamdani had endorsed, former Columbia Gaza war encampment organizer Darializa Avila Chevalier, held a slight lead over Rep. Adriano Espaillat on Tuesday night.
Representing a spectrum ranging from liberal Zionist critic (Lander) to longtime activist for the Palestinian cause (Avila Chevalier), the strong results for Mamdani’s chosen candidates is being closely watched nationally in a Democratic Party where many voters say they want the U.S. to distance itself from Israel. All three candidates say they will support cutting off U.S. military aid to Israel, including for the Iron Dome defense system.
At a campaign rally last week, Mamdani compared the American Israel Public Affairs Committee to “monsters” who “move millions in dark money to accomplish a single goal — to preserve their power, so that they can turn us against one another.” The remarks drew widespread condemnation from Jewish leaders, including some Mamdani supporters.
Lander is a high-profile Jewish politician allied with Mamdani, who this election cycle threw his weight behind a slate of progressive candidates who have critiqued hardline pro-Israel money and use the terms “genocide” and “apartheid” to describe Israel’s actions in Gaza and the West Bank.
Setting out to challenge the incumbent, Lander zeroed in on Goldman’s support for U.S. military aid to Israel and his past ties to the campaign fundraising group AIPAC during the campaign.
Lander told the New York Times that criticizing AIPAC makes him “queasy” given “the antisemitic tropes at play,” but that he feels an obligation to call out its funding nonetheless as he promises to curtail U.S. military aid to Israel.
In NY-7, another candidate backed by Mamdani defeated the incumbent’s handpicked successor. democratic socialist Valdez won against Brooklyn Borough President Antonio Reynoso, who had the endorsement of outgoing Rep. Velázquez.
But Mamdani’s brand of Israel politics didn’t succeed everywhere: In the Bronx, Rep. Ritchie Torres — one of the Democratic party’s most staunch supporters of Israel — handily defeated Michael Blake, a former state assemblyman who allied with Mamdani during the mayoral primary last year.
For state comptroller, incumbent Thomas DiNapoli — who made additional purchases of Israel bonds in the aftermath of Oct. 7 — won over Jewish challenger Drew Warshaw, who argued that the state should divest from Israel bonds because they help “finance Israeli Prime Minister Benjamin Netanyahu’s wars.”
State Assemblymember Micah Lasher won the race to succeed Rep. Jerry Nadler, who retired after 33 years in the House and served as one of Congress’ leading voices for liberal Jews. In that race, the leading candidates Lasher and Alex Bores had broad agreement in their support of Israel.
The other candidate in the race, Kennedy political scion Jack Schlossberg, had called for conditioning aid to Israel and attempted to draw contrast with Bores and Lasher on the issue. But Schlossberg’s campaign struggled to gain traction amid questions about his lack of political experience.
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Pro-Israel Democrats battle to take on vulnerable Republican Rep. Mike Lawler
(New York Jewish Week) — Voters in New York’s Hudson Valley on Tuesday are choosing a Democrat to challenge the staunchly pro-Israel Republican Rep. Mike Lawler in a heavily Jewish swing district.
Two candidates have emerged as frontrunners in the Democratic primary in New York’s 17th Congressional District, a suburb of New York City that includes about 30,000 Orthodox Jews.
Cait Conley, a military veteran and former national security adviser, leads by double digits in polls this month and prediction markets over Beth Davidson, a member of the Rockland County Legislature who has highlighted her Jewish identity. A poll from Tavern Research last week found that 28% of voters were still undecided as the election approached.
Both are appealing to residents anxious about the cost of living, housing, healthcare and foreign conflicts. The winner will also aim to claw back moderate voters who supported Lawler, one of the most vocally pro-Israel members of Congress and a representative who has forged close ties with Orthodox Jewish voters.
Davidson and Conley have both said they support the United States alliance with Israel while opposing actions by Israeli Prime Minister Benjamin Netanyahu’s government. During a candidate forum in April, they distanced themselves from Democratic efforts in the Senate to block certain military sales to Israel.
Polling far behind Conley and Davidson is Effie Phillips-Staley, a progressive who says Israel is an apartheid state that has committed genocide in Gaza.
Conley and Davidson say they are marrying pro-Israel views with a liberal agenda, including fighting President Donald Trump. Davidson told the Jewish Telegraphic Agency that she wants to create a political home for “Jews that have felt lost in the Democratic party.” She previously served on the board of her White Plains synagogue, Beth Am Shalom, and has touted Jewish values as driving her public service, including tikkun olam, or repairing the world, and welcoming the stranger.
Conley has presented her military experience as an advantage. A former national security adviser in the Biden administration, she has said that she supports a two-state solution to the Israeli-Palestinian conflict and views Israel as a critical national security ally.
The winner will face off with Lawler, who has become so closely identified with the district’s Jewish community that he was recently attacked in comments by Sen. Rand Paul’s son, William Paul, who accused the lawmaker of being one of “you people,” although Lawler is not Jewish.
Often working with Democrats, Lawler has proposed a spate of legislation aimed at supporting Israel since he entered Congress in 2023. He co-sponsored the bipartisan Antisemitism Awareness Act, which would require the Department of Education to codify the International Holocaust Remembrance Alliance’s definition of antisemitism, a move championed by major Jewish groups and criticized by progressives for classifying some forms of Israel criticism as antisemitic. The bill passed in the House in 2024 but stalled in the Senate amid free speech concerns and was reintroduced in the House last year.
Lawler also introduced in 2024 the bipartisan Stand with Israel Act, which seeks to halt funding for United Nations agencies that “expel, downgrade, suspend, or otherwise restrict the participation of the State of Israel.” His bipartisan 2025 Bunker Buster Act seeks to equip Israel with massive bombs to target Iran’s nuclear infrastructure.
This year, Lawler has partnered with Democrats on two new measures that he says will combat antisemitism. The Jewish American Security Act introduced this month proposes expanding federal security support for Jewish institutions, and a House resolution from April condemns leftist streamer Hasan Piker and far-right podcaster Candace Owens for “antisemitic hate-filled rhetoric and content.”
Phillips-Staley represents the rising progressive wing of the Democratic party that is sharply critical of Israel, differentiating herself from Lawler as well as Conley and Davidson. Phillips-Staley has said that her views solidified after she traveled to Israel and the West Bank in February. She was criticized by some Democratic officials for doing an interview with Piker.
She told JTA in March that many Jewish residents supported her belief that Israel has committed genocide and the United States should sever military aid.
“I get the most encouragement, from lots of people, but a lot of encouragement from Jews who really challenged me, especially in the beginning, to be brave and say it like it is,” said Philips-Staley.
Republicans are suspected of jumping into the late stage of the race by funding a shadowy new group called Progressive Champions PAC, which mirrors GOP efforts to influence other Democratic primaries nationwide. Davidson publicly disavowed the PAC, which has spent $1.5 million on ads attacking Conley for her contract work for an AI company that works with the Department of Homeland Security, according to the Cook Political Report.
The primary winner will quickly rocket to national prominence in the general election, as Lawler’s seat is considered one of the most likely to flip in November. Democrats outnumber Republicans in the district, which former presidential candidate Kamala Harris won by less than one percentage point in 2024.
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Primary battle between rabbi and Jewish lawyer is a referendum on Mamdani and buffer zones
(New York Jewish Week) — A primary race on New York’s Upper West Side for a state legislative battle pits a rabbi against a Jewish lawyer in a referendum on where Jews stand on Mayor Zohran Mamdani and on the right to protest outside houses of worship.
Stephanie Ruskay would be the first female rabbi elected to state office in U.S. history. Her opponent is the Mamdani-endorsed Eli Northrup, a public defender and the grandson of a Jewish civil rights lawyer who worked on Supreme Court cases to combat antisemitism and racial segregation in the 1950s.
The hotly contested Democratic primary is for the State Assembly’s District 69, which covers much of the Upper West Side and all of Morningside Heights, including the Columbia University campus roiled in 2024 by pro-Palestinian protests over Israel’s actions in Gaza.
Endorsements tell a story of two New York establishments vying over prime legislative real estate: Mamdani’s Israel-critical progressives facing off against the city’s storied Jewish liberals.
Along with Mamdani’s blessing, Northrup has won prized endorsements from left-wing icons who ran now legendary insurgent campaigns: Vermont Sen. Bernie Sanders, whose energetic presidential primary run in 2016 helped doom Hillary Clinton’s presidential run; and New York Rep. Alexandria Ocasio-Cortez, whose ouster of top Democrat Joseph Crowley in a 2018 primary paved the way for the youthful congressional “Squad.” Mamdani has roiled this election season with endorsements of democratic socialists challenging incumbent congressional Democrats.
Ruskay has been endorsed by leading Jews in New York politics, such as City Council Speaker Julie Menin, City Comptroller Mark Levine, Manhattan Borough President Brad Hoylman-Sigal and former Borough President Ruth Messinger. She also has the backing of ActJew, a nonprofit focused on combating antisemitism, and the New York Solidarity Network, a pro-Israel group.
Ruskay and Northrup, who both identify as progressives, are battling in a neighborhood where nearly one-third of households are Jewish. The Assembly seat opened in the fall when current Assembly member Micah Lasher, who is also Jewish, decided to run for Congress.
The district overwhelmingly supported Mamdani in the 2025 mayoral race, when his sharp criticism of Israel broke with the city’s Democratic establishment and fomented ongoing tensions with segments of the Jewish community.
Northrup is a full-throated supporter of the mayor who volunteered for his campaign. Ruskay has voiced more tepid views on Mamdani, acknowledging that many Jewish New Yorkers disagreed with his views about Israel.
“When we agree, I’ll be very excited to work together, and when we don’t agree or when I know that I represent people who have a very different perspective from what’s happening, then my job is to bring that into the room,” Ruskay told the Jewish Telegraphic Agency in December.
Ruskay joined New York’s annual Israel Day Parade in May, which Mamdani skipped. She said on X that she was “proud” to attend the gathering, which she described as a reminder of “the deep bonds between New York’s Jewish community and Israel, and of the strength, resilience, and vibrancy of Jewish life.”
Northrup has resisted the long tradition among Jewish Democrats of identifying as a Zionist. “I don’t know that it’s serving us to be categorizing people as Zionist or anti-Zionist,” he told JTA last month. “I certainly don’t see myself in those terms.”
Both candidates have cited their faith and Jewish values as driving their politics. They agree on building more affordable housing, filling the district’s many vacant storefronts, supporting unions and enforcing labor laws. Both have also voiced their commitment to fighting President Donald Trump and his crackdown on immigration.
One of their rare areas of disagreement is the fight over “buffer zones” to insulate synagogues from protests, a flashpoint in New York politics. The city and state both recently passed legislation that restricts demonstrations outside houses of worship. Some Jewish leaders and lawmakers championed the measures in the aftermath of a string of pro-Palestinian rallies outside synagogues, which were hosting events that promoted migration to Israel and real estate sales in Israel and the West Bank.
Ruskay supports the buffer zones. She has argued they are necessary to protect Jews from intimidation, saying during a candidate forum in May, “In the world as we wish it was, I don’t think that you should have [to] have a buffer zone. But in the world that we actually live in right now, I think that we do need one.”
Northrup, meanwhile, said in the forum that outlawing protest within a certain distance of an institution “wouldn’t pass constitutional muster,” citing Planned Parenthood and the ACLU. He told JTA that buffer zones were more symbolic than effective in addressing rising antisemitism, and that he instead supported multifaith education and building alliances across communities.
Various civil rights groups and Jewish progressives, such as Jews for Racial & Economic Justice, have said that buffer zone laws infringe on free speech and assembly. JFREJ has endorsed Northrup.
Northrup’s skepticism of the laws aligns with Mamdani’s views. The mayor resisted signing the City Council’s buffer zone bill pertaining to houses of worship, though it became law with a veto-proof majority, and he vetoed a separate bill implementing buffer zones around schools.
Ruskay has received $25,000 from the American Centerpoint PAC, which was formed on June 11, according to City and State. The PAC’s sole contributor was Adeena Rosen, a key figure in the Solidarity PAC that boosted pro-Israel candidates in 2024 state races.
In a race lacking publicly available polls, fundraising is a significant indicator. The candidates were neck-and-neck in fundraising on Election Day, with Ruskay gathering $436,381 and Northrup raising $443,522, according to Transparency USA.
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