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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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Rahm Emanuel: Democrats who support Israel can still lead the party to the White House

(JTA) — TEL AVIV — Pausing as he looked out at the packed hall at Tel Aviv University, Rahm Emanuel offered his audience a warning about what he was about to say.

“Hold your applause, because you may not like this,” he said, before laying out his proposal for U.S. sanctions targeting Israelis who attack Palestinian civilians and property, Israeli officials who voice support for that violence, and companies and banks that support “illegal settlements.”

The crowd applauded anyway — three separate times.

Under a 2017 law, Israel bars foreign nationals who publicly call for boycotts of Israel or its settlements from entering the country. Emanuel issued his call for sanctions from a stage in Tel Aviv, a measure of how far Democratic politics on Israel have shifted since Hamas’ Oct. 7, 2023, attacks.

Widely viewed as a possible contender for the 2028 Democratic presidential nomination, Emanuel, a former congressman, White House chief of staff, Chicago mayor and U.S. ambassador to Japan, and one of the most prominent Jewish figures in American politics, arrived in Israel on Sunday. His speech Wednesday afternoon, billed as “An Honest Conversation: The U.S.-Israel Relationship, Where It Stands Today and The Road Ahead,” was the keynote of the visit, and was meant to signal the need for a “fundamentally new and different approach”  to the U.S.-Israel alliance, as he put it.

Whether Emanuel’s critique will land with the Israeli establishment, or with the ruling coalition, remains to be seen. Emanuel made a point of avoiding Israel’s elected officials during his visit, including Prime Minister Benjamin Netanyahu, saying he did not want to interfere with elections set for the fall. He did meet with President Isaac Herzog, who is appointed by the government, as well as visit hospitals in Tel Aviv and Nablus that partner with each other.

But it was clear that it was resonating with attendees. Moti Porath told the Jewish Telegraphic Agency that he believed Emanuel correctly diagnosed the ailment at the heart of the Israeli government, a leader who has become an outcast abroad but remains too skilled a politician to easily dislodge.

Porath, who splits his time between Newton, Massachusetts, and Tel Aviv, and who attended the Massachusetts Institute of Technology at the same time as Netanyahu, said he recognizes the prime minister as a singularly talented political operator. “He’s a fantastic politician,” Porath said. “Maybe he’s a manipulator.”

To the attendees who spoke with JTA, Emanuel’s message was not anti-Israel but pro-Israel, in Porath’s telling, what a good friend is obligated to do when the other is acting out of line. Emanuel put it similarly from the stage, “True friends tell each other the truth.”

Porath said he hopes the United States and Israel can once again find “a common political vision,” but that doing so will require tough love from America’s next president.

The event was hosted by Tel Aviv University’s Center for the Study of the United States and moderated by its founding director, Yoav Fromer, alongside Yael Sternhell, the professor who heads the university’s American studies program. Organizers solicited questions from students in advance and said more than 100 were submitted.

But with a university audience likely to skew liberal, attendee Yoam Barash said the program would have benefited from a right-wing voice to push back on Emanuel’s comments, since most Israeli voters lean right. A February poll by the Midgam Institute for Israel’s Channel 12 news found 68% of veteran voters and 75% of those voting for the first time identify as right-wing. “Why didn’t they bring somebody from the right?” Barash asked.

Barash is the uncle of Daniel Barash, a managing director at the public affairs firm SKDK who helped organize the event  He attended with Hannah Winkler, a friend from his army days and now a doctor in the Tel Aviv area. She said she pins her hope not on the U.S.-Israel alliance but on a left-wing victory in the upcoming elections. “Without that, I have no hope,” she said.

Told that some attendees had wanted a more politically diverse lineup, Fromer defended the format. “This is academia,” he said. “The goals here are very different than they would be on a political panel.”

At the same time, Fromer echoed the attendees’ view that Emanuel’s message was that of a friend rather than an adversary. “To say to someone, look, I’m trying to save you, if you don’t change your behavior, you’re going to self-destruct — that’s someone who cares,” he said.

The stakes, in his telling, are high for Israel and for the university. “Israelis have become pariahs. We used to be admired, the most admired,” he said, echoing Emanuel’s own warning from the stage that Israel’s leadership has turned it into a “territorial pariah.”

The damage is not merely reputational, he argued. “It’s not just feeling bad. It has practical implications,” he said, speculating about investment and capital that will stop flowing, students and tourists who will stop coming, Israelis who will lose their jobs.

During the anti-Israel protests that swept U.S. campuses in 2023 and 2024, ties with Israeli universities, including Tel Aviv University, were frequent targets of divestment demands. Emanuel himself warned in his speech that Israel’s scientists face exclusion from international research networks and that its artists and academics are being shut out of exhibits and conferences.

Inside the hall, at least, the message was received. “Most of the people in this room are quite sympathetic to what you have to say,” Barash told Emanuel on stage. “That is not the case across Israel.”

The post Rahm Emanuel: Democrats who support Israel can still lead the party to the White House appeared first on The Forward.

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Synagogue targeted by picketers inspires Ann Arbor ordinance to protect houses of worship

Ann Arbor, Michigan has become the latest city to pass legislation aimed at protecting houses of worship from protests, echoing similar policies passed by New York and proposed by California earlier this year.

But while New York and California introduced such legislation in response to occasional anti-Israel protests outside synagogues, Ann Arbor has been home to the persistent and brazen protest of a Holocaust denier who shows up to picket the same congregation every week on Shabbat.

While synagogue leaders are moved by the city council’s gesture, they don’t expect the protests to end anytime soon.

“The significance of the resolution is that a city council in a highly progressive city had the bravery to call out the antisemitism of Jew haters,” said Rabbi Nadav Caine, the spiritual leader of Ann Arbor’s Beth Israel Congregation. And that’s no small thing.

For the past 23 years, a small group of protesters have gathered outside Beth Israel on Shabbat carrying signs with hateful slogans like “Jewish Power Corrupts,” “No More Holocaust Movies” and “Antisemitism is earned, never given.”

Partly in response to those decades of hateful demonstrations, the Ann Arbor City Council on Monday unanimously passed a resolution directing the city manager to develop a plan for protecting houses of worship during protests, which can include protest-free buffer zones.

Jerry Sorokin, executive director of Beth Israel, expressed gratitude for the city council’s sentiment — though he also believes the measures “won’t make any real difference.”

The protesters carry “incredibly offensive” signs, Sorokin said. But they also stay off synagogue property and don’t interfere with congregants trying to enter, he said, making it unlikely that a security perimeter would affect their demonstrations.

“They’ve found out exactly what the limits of their legal rights are in terms of what they can say, where they can say it, and how they can interact with the public, and they push it right to the limit without going over,” Sorokin said.

A court agreed. In 2019, a congregant and local Holocaust survivor lost a lawsuit against the Beth Israel protesters and the city of Ann Arbor, with a court concluding that the protesters were engaging in protected speech.

Buffer zones across the country

The measure in Ann Arbor reflects a broader national debate about balancing protesters’ free speech rights with worshippers’ ability to safely access religious services, as New York and California have also moved to enact buffer zones outside houses of worship.

In May, demonstrators outside Park East Synagogue in Manhattan chanted “We don’t want no Zionists here” and “There is only one solution, intifada revolution,” outside an event promoting real estate sales in Israel and the West Bank. New York lawmakers approved a 50-foot security buffer around houses of worship proposed by Gov. Kathy Hochul. Meanwhile, New York City Mayor Zohran Mamdani allowed a bill that requires the New York City Police to develop a plan for managing protests at houses of worship.

In Los Angeles, protesters targeting Wilshire Boulevard Temple for hosting speakers affiliated with the Israeli defense contractor Elbit Systems prompted California lawmakers to introduce a buffer-zone bill that would make it a crime to approach a person within 100 feet of a synagogue in order to hand out a leaflet, hold a sign, or “engage in oral protest.” First-time offenders would face up to six months in jail.

At the federal level, U.S. Rep. Tom Suozzi of New York introduced the SACRED Act, which would make it a federal crime to intimidate, obstruct or harass people within 100 feet of a house of worship.

But those proposals all face the same constitutional constraint: They can regulate how protests are conducted, but not the viewpoints being expressed. There’s no legal remedy to the offensive messages painted on placards and yelled at passing drivers, Sorokin said.

“I think what the city council did is laudable, and it is reassuring to us that they’re showing support for freedom of worship and for access to synagogues, churches, and mosques,” he said. “But I don’t think it’s going to change what goes on outside our building every Saturday.”

The post Synagogue targeted by picketers inspires Ann Arbor ordinance to protect houses of worship appeared first on The Forward.

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In the world of Jewish translators, she was known as a mentor, a friend and a literary giant

Barbara Harshav, widely considered one of the most important translators of Jewish literature of our time, passed away June 24 at age 85. She translated from French, German, Hebrew, and Yiddish — and won acclaim from scholars and fellow translators for her range and high standards. Her curiosity and willingness to tackle difficult material were legendary.

“Few people would be able to and feel comfortable translating from French and German alongside Hebrew and Yiddish,” Shachar Pinsker, professor of Judaic Studies and Middle East Studies at The University of Michigan, wrote in an email.

She translated giants, including Shmuel Yosef Agnon, winner of the Nobel Prize; Avrom Sutzkever, the towering Yiddish poet; the Israeli novelist Meir Shalev; and the beloved poet Yehuda Amichai. But she was also loved as a mentor and friend to scholars and translators of several generations.

“I knew Bobbi Harshav through reading her translations before I met her for the first time, when I helped her carry a suitcase to a room in Berkeley’s Bancroft Hotel in 2005,” Pinsker recalled. “Since then, we have seen each other in Ann Arbor, Tel Aviv, New York and Boston. It was always a thrill to meet her, speak and correspond with her, and learn from her.”

Her personality was reflected in the books she translated.

“Bobbi had a fierce sense of curiosity and independence that carried her forward. I can’t think of anyone else who would translate the Palestinian author Emile Habibi’s essay ‘Your Holocaust and our Catastrophe,’ alongside poetry by Abraham Sutzkever, Yehuda Amichai, the best of American Yiddish poetry, as well as novels, stories, and plays by Hanoch Levin, Yoram Kaniuk, Yehudit Hendel, Yehudit Kazir, and Leah Goldberg,” Pinsker wrote.

Harshav also co-translated many books with her late husband, Benjamin Harshav, including Sing Stranger: A Century of American Yiddish Poetry.

Her translations included some of the most challenging books in recent Jewish literature, like Agnon’s fiction. Made up of layers upon layers, with allusions to Jewish texts everywhere, it is notoriously challenging, if not impossible, to translate.

“Bobbi took on the heroic task of translating S.Y. Agnon’s Tmol Shilshom (“Only Yesterday”), which many considered untranslatable, and although she was aware of the limitations of Agnon in English, she proved them wrong,” Pinsker recalled.

“Perhaps the main thing about this translation is that Bobbi captured Agnon’s sense of irony, because of her own smart and wicked sense of humor.”

On social media, scholars mourned this loss.

“I just read her translation of The Loves of Judith. It’s a stunning and masterful translation of a book that plays with languages, gender, timelines and so much,” Shayna Weiss,  Senior Associate Director of the Schusterman Center for Israel Studies at Brandeis, wrote. “What a loss.”

Weiss, in an email, shared that she was reading Harshav’s translation of Shalev’s book  because she is speaking at a film festival that is showing For the Love of a Woman, a new film based on this book.

Bobbi, as she was known, was famous inside translation circles for her warmth and kindness to other translators, including invitations to live in her home, rent-free, while translating.

She was especially encouraging to beginners.

When I was a graduate student, she emailed me out of the blue and invited me to participate in a panel at the American Literary Translators Association conference, which was meeting that year in Chicago. I knew no one there, and made a friend — the Yiddish translator Leah Zazulyer, also gone now — while waiting for Bobbi to show up.

I did not know it then, but Bobbi was a celebrity in that conference; she was a past president of the American Literary Translators Association. Later she would become the only Hebrew or Yiddish translator in history to win the PEN/ Manheim medal.

The Manheim medal is awarded every three years for lifetime achievement in literary translation. Bernard Malamud and Gay Talese donated the initial funding for the award; it received additional support from the family and friends of Ralph Manheim, the American translator of Mein Kampf, who died in 1992, and it is now named after him.

The medal recognizes translators “whose career has demonstrated a commitment to excellence through the body of their work.” Prior winners include Gregory Rabassa, translator of A Hundred Years of Solitude, which Gabriel García Márquez famously declared superior to his original, and Edith Grossman, translator of Don Quixote and author of the influential book Why Translation Matters.

Harshav published more than 40 books of translation including works of poetry, drama, fiction, philosophy, economics, sociology and history.

“I know that the Manheim Lifetime Achievement medal acknowledges the full range of Barbara’s work, including her translations from French and German, but the fact that this award casts the spotlight on Hebrew and Yiddish translation, languages that often are overlooked in the world literary economy, is just monumental,” translator, scholar, and Oxford professor Adriana X. Jacobs said when Harshav won the medal.

“In all her translations, Barbara’s voice comes across so clearly and distinctly, even as she is capturing the qualities unique to a specific writer. And what I mean is that when you read Barbara’s translations, her commitment to her choices is evident. And every time I have heard Barbara speak on translation, this has been confirmed,” Jacobs said. “She can tell you why she made one choice and not another, why she chose to translate a particular text and not another, and she always — always — stands by her work.”

Harshav’s comments on writing and translation sometimes made it to Twitter and other social media, like this snippet from her talk at Davidson College: “Style is the morality of the mind. And obscurantism is sinful.”

She came of age in a time well before AI and before translation apps. Learning a language then was slow hard work. For French and German, she focused on basics, then read newspapers and novels.

“As for Hebrew, I started studying Jewish history and realized that I had a serious handicap because I did not know Hebrew at all, not the alphabet, nothing,” she told Rainer Schulte in Translation Review in 2012.

Unlike many Hebrew translators, Harshav came to the language relatively late, at 34.

“I literally fell in love with the language. There was the exhilarating feeling of learning a new language and a new alphabet at that age. It must have repeated the original childhood sense of learning to read, when the letters suddenly make sense and a new world is opened.” She learned Yiddish last.

Scholars and translators saw something distinctive in Bobbi Harshav’s work, in all four languages she translated from. In conversation, she often talked about translation quality; her goal was always excellence.

One reason for her excellence was that she was always reading. Another reason was her attitude, toward the text, and toward herself.

“I carry books all the time because you never know when the elevator will break down, and I am reading all the time,” she told Translation Review. “It is the element of play that is very important. Humility is also important, and the text is sacred. It is also true for performance. You have to have a kind of humility. I take what I do very seriously, but I do not take myself seriously.”

You can hear all of that in her translator’s note to Tmol Shilshom, or Only Yesterday, by Agnon. “If there is some other world, where translators can discuss ‘deviations’ with authors,” she wrote,” I hope Agnon will understand.”

The post In the world of Jewish translators, she was known as a mentor, a friend and a literary giant appeared first on The Forward.

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