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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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Nick Fuentes says his problem with Trump ‘is that he is not Hitler’

(JTA) — In the fall, a video of Nick Fuentes criticizing Donald Trump drew the praise of progressive ex-Congressman Jamaal Bowman.

“Finally getting it Nick,” Bowman commented, apparently recognizing some common ground between himself on the left and Fuentes, on the far right, who said in the video that Trump was “better than the Democrats for Israel, for the oil and gas industry, for Silicon Valley, for Wall Street,” but said he wasn’t “better for us.”

Now, Fuentes says there is actually no common ground between him and those on the left. 

“My problem with Trump isn’t that he’s Hitler — my problem with Trump is that he is not Hitler,” Fuentes said during his streaming show on Tuesday, which focused mostly on the potential for an American attack on Iran.

He continued, “You have all these left-wing people saying, ‘Why do I agree with Nick Fuentes?’ It’s like, I’m criticizing Trump because there’s not enough deportations, there’s not enough ICE brutality, there’s not enough National Guard. Sort of a big difference!”

Fuentes, the streamer and avowed antisemite who has previously said Hitler was “very f–king cool,” has been gaining more traction as a voice on the right. His interview with Tucker Carlson in October plunged Republicans into an ongoing debate over antisemitism within their ranks, inflaming the divide between a pro-Israel wing of the party and an emerging, isolationist “America First” wing that’s against U.S. military assistance to Israel.

Once a pro-Trump MAGA Republican, Fuentes has become the leader of the “groyper” movement advocating for farther-right positions. The set of Fuentes’ show includes both a hat and a mug with the words “America First” on his desk.

In a New York Times interview, Trump recently weighed in on rising tensions within the Republican Party, saying Republican leaders should “absolutely” condemn figures who promote antisemitism, and that he does not approve of antisemites in the party.

“No, I don’t. I think we don’t need them. I think we don’t like them,” replied Trump when asked by a reporter whether there was room within the Republican coalition for antisemitic figures.

Asked if he would condemn Fuentes, Trump initially claimed that he didn’t know the antisemitic streamer, before acknowledging that he had had dinner with him alongside Kanye West in 2022.

“I had dinner with him, one time, where he came as a guest of Kanye West. I didn’t know who he was bringing,” Trump said. “He said, ‘Do you mind if I bring a friend?’ I said, ‘I don’t care.’ And it was Nick Fuentes? I don’t know Nick Fuentes.”

Trump flaunted his pro-Israel bona fides in the interview, mentioning the recent announcement that he was nominated for Israel’s top civilian honor and calling himself the “best president of the United States in the history of this country toward Israel.”

Fuentes, meanwhile, spent the bulk of his show on Tuesday speculating that Trump will order the U.S. to attack Iran, and concluded that “Israel is holding our hand walking us down the road toward an inevitable war.”

The post Nick Fuentes says his problem with Trump ‘is that he is not Hitler’ appeared first on The Forward.

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Larry Ellison once renamed a superyacht because its name spelled backwards was ‘I’m a Nazi’

(JTA) — Larry Ellison, the Jewish founder of Oracle and a major pro-Israel donor, has recently been in the headlines for his media acquisition ventures with his son.

The new scrutiny on the family has surfaced a decades-old detail about Ellison: that he once rechristened a superyacht after realizing that its original name carried an antisemitic tinge.

In 1999, Ellison — then No. 23 on Forbes’ billionaires list, well on his way to his No. 4 ranking today — purchased a boat called Izanami.

Originally built for a Japanese businessman, the 191-foot superyacht was named for a Shinto deity. But Ellison soon realized what the name read backwards: “I’m a Nazi.”

“Izanami and Izanagi are the names of the two Shinto deities that gave birth to the Japanese islands, or so legend has it,” Ellison said in “Softwar,” a 2013 biography. “When the local newspapers started pointing out that Izanami was ‘I’m a Nazi’ spelled backward, I had the choice of explaining Shintoism to the reporters at the San Francisco Chronicle or changing the name of the boat.” He renamed the boat Ronin and later sold it.

The decades-old factoid resurfaced this week because of a New York Magazine profile of Ellison’s son, David Ellison, the chair and CEO of Paramount-Skydance Corporation.

Skydance Corporation, which David Ellison founded in 2006, completed an $8 billion merger last year with Paramount Global. Larry Ellison, meanwhile, joined an investor consortium that signed a deal to purchase TikTok, the social media juggernaut accused of spreading antisemitism. Together, father and son also staged a hostile bid to purchase Warner Bros. but were outmatched by Netflix.

After acquiring Paramount, David Ellison appointed The Free Press founder Bari Weiss as the editor-in-chief of CBS News, in an endorsement of Weiss’ contrarian and pro-Israel outlook that has been challenged as overly friendly to the Trump administration.

Larry Ellison, who was raised in a Reform Jewish home by his adoptive Jewish parents, has long been a donor to pro-Israel and Jewish causes, including to Friends of the Israel Defense Forces. In September, he briefly topped the Bloomberg Billionaires Index as the world’s richest man.

In December, Oracle struck a deal to provide cloud services for TikTok, with some advocates hoping for tougher safeguards against antisemitism on the social media platform

The post Larry Ellison once renamed a superyacht because its name spelled backwards was ‘I’m a Nazi’ appeared first on The Forward.

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Alex Bregman, who drew a Jewish star on his cap after Oct. 7, inks $175M deal with the Cubs

(JTA) — For the second year in a row, Jewish star third baseman Alex Bregman has signed a lucrative free-agent contract with a team that is run by a Jewish executive and plays in a historic ballpark in a city with a significant Jewish community.

Last year, it was the Boston Red Sox. Now, Bregman is headed to the Chicago Cubs — a team whose Jewish fans possess almost religious devotion.

Bregman, who had opted out of a three-year, $120 million deal with Boston, has signed a five-year, $175 million pact with the Cubs. It is the second-largest contract ever signed by a Jewish ballplayer, behind Max Fried’s $218 million contract in 2024. Bregman previously signed a five-year, $100 million extension with the Houston Astros in 2019.

Bregman, who played the first nine years of his career in Houston, has been one of baseball’s premier third basemen over the past decade, with three All-Star selections, a Gold Glove, a Silver Slugger and two World Series rings. He’s also heralded for his leadership on and off the field.

Bregman grew up in Albuquerque, New Mexico, where he played baseball in high school and also, according to his mother, was once teased while leaving school for a bar mitzvah lesson. His grandfather, the onetime attorney for the Washington Senators whom she said Bregman called “zeyde,” gave him a collection of baseball cards featuring Jewish players.

His great-grandfather fled antisemitism in Belarus and fell in love with sports in the United States, The Athletic reported in 2017, as Bregman hurtled toward his World Series win.

“It’s the fulfillment of four generations of short Jewish Bregmans who dreamed of playing in the major leagues,” his father Sam, now the district attorney in Albuquerque’s county as well as a Democratic candidate for New Mexico governor, said at the time. “The big leagues and the World Series. One hundred twenty years in America fulfilled by Alex in this World Series.”

Bregman has also been vocal about his Jewish pride. He celebrated Hanukkah with a local synagogue in Houston, and following the Oct. 7, 2023, attack on Israel that launched the Gaza War, Bregman drew a Star of David on his hat during a playoff game and participated in a video of Jewish players calling on fans to support Israel.

Some Jewish fans hoped Bregman’s shows of solidarity with Israel would lead him to suit up for another new squad this spring, Team Israel at the upcoming World Baseball Classic. But Bregman announced this week that he will play for Team USA again. Another Jewish ballplayer, Rowdy Tellez, will rejoin team Mexico, taking two big names off the recruitment board for Israel.

Back in 2018, as Bregman was first emerging as a major star, he said he regretted taking a pass on Team Israel the previous year, when it made it to the second round of play. Suiting up for the U.S. team, Bregman had just four at-bats as a backup player.

Now, he has selected a jersey number for his Cubs era that reflects his aspirations.

“I wore No. 3 because I want a third championship,” Bregman said during his first press conference with his new club on Thursday.

The post Alex Bregman, who drew a Jewish star on his cap after Oct. 7, inks $175M deal with the Cubs appeared first on The Forward.

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