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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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How Shabbat bound Lindsey Graham to Joe Lieberman
Lindsey Graham did not always know what time Shabbat started, but he always knew when it ended. That was the joke the South Carolina Republican made while remembering his close friend, the late Sen. Joe Lieberman, at a memorial service in Washington in 2024.
In his remarks, Graham said that while traveling around the world with his Senate colleague, Lieberman, an observant Jew and author of a book about Shabbat, always knew exactly when sundown arrived on Friday, no matter where they were. After years of traveling together, Graham joked, he learned to recognize when Shabbat ended on Saturday “so we didn’t have to do this anymore.”
This past Saturday evening, almost exactly as Shabbat came to a close, Graham died after suffering an apparent heart attack at his Capitol Hill townhouse. Emergency dispatch audio indicates first responders were called to his home at around 8:30 p.m. after a report of chest pains.
The two politicians from different sides of the aisle first became close when Graham joined the Senate in 2003, joining an already close friendship between Lieberman and Sen. John McCain, who died in 2018. Despite disagreeing on many domestic issues, Graham and Lieberman bonded over shared views about American leadership abroad, traveling together to the world’s most dangerous conflict zones in the years after the Sept. 11 attacks. The three senators, who became known as the “Three Amigos,” also made repeated trips to Israel.
At Lieberman’s memorial, Graham recalled one of their more memorable trips together, accompanying McCain during his 2008 presidential campaign to visit the Western Wall in Jerusalem. Graham said he was pinned against the ancient stones by photographers scrambling for the perfect shot and injured his knee. “They crushed me against the wall, and I began to wail,” Graham joked, referencing the site’s English name, the Wailing Wall. Lieberman, he recalled, helped pull him back to his feet.
Months later, during a meeting with the Dalai Lama in Colorado, Lieberman brought the Tibetan spiritual leader over to Graham and asked if he could heal his injured knee. The Dalai Lama placed a hand on it and asked if it felt any better. “No,” Graham replied.
“I didn’t think so,” the Dalai Lama quipped.
A strong ally of Israel
Israel occupied a central place in Graham’s political career. He was one of Congress’ strongest supporters of the U.S.-Israel alliance, pushed for a tough approach toward Iran and backed efforts to expand peace between Israel and its Arab neighbors. Axios reported Sunday that Graham spent his final weeks working on a renewed push aimed at normalizing relations between Saudi Arabia and Israel.
In a Sunday appearance on Fox News, Israeli Prime Minister Benjamin Netanyahu revealed that he and Graham disagreed over Israel’s recent proposal to phase out U.S. military assistance in the coming years, amid growing criticism of aid to Israel from both parties. Graham “went ballistic,” Netanyahu said. “He said, ‘No way. You can’t do that.’ He was so concerned with our security, which he believed was your security, that he actually fought the prime minister of Israel on keeping America’s aid – or actually increasing it.”
As news of Graham’s death spread Saturday night, Jewish organizations and leaders mourned his passing and reflected on the legacy he leaves as one of the Senate’s strongest advocates for Israel and Jewish causes.
In his farewell to Lieberman two years ago, Graham concluded: “One of the best things that ever happened to Lindsey Graham was to meet Joe Lieberman. So until we meet again, my amigo, God bless.”
For those who watched their friendship over the years, it is hard not to imagine that somewhere beyond this world, McCain, Lieberman and Graham have found each other once again.
The post How Shabbat bound Lindsey Graham to Joe Lieberman appeared first on The Forward.
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I was there when the lights went out and New York was plunged into darkness
I’m the lifelong resident of a vast and complicated metropolis that smugly prides itself on never stopping. Subways, buses and cabs running day and night, bodegas and diners open 24/7, hundreds of thousands of people at work or out partying somewhere, bike couriers and truck drivers making deliveries — all in a town with a million moving parts, where the show always goes on — until, suddenly, it doesn’t.
I was reminded of that one evening not long ago in a drab Chinese restaurant uptown on Broadway, clutching a pair of wooden chopsticks poised to shovel another mound of chicken and walnuts into my mouth.
Music was playing softly over the house PA system. The melody suddenly sounded strangely familiar, but oddly out of place in those surroundings. I froze mid-bite, trying to place what I was hearing. Then it hit me. I glanced at my dinner companion Ann Aptaker, author of the Cantor Gold noir crime novels.
“Wow,” I said. “Do you hear that?”
She paused, tilted her head slightly, then raised an eyebrow.
“Yes,” she said. “It’s Threepenny Opera!”
Sure enough, the song drifting through the room was Kurt Weill and Bertolt Brecht’s wickedly jaunty tango, “Ballad of Immoral Earnings.” Even stranger, it was a track from my favorite production of the show: the Lincoln Center revival from decades ago, starring the late, great Raul Julia as Mack the Knife and Ellen Greene as his favorite prostitute, Jenny Diver.
“Of all things! What a weird song to play while people are eating,” I mused.
“I don’t think I’ve ever heard it in a restaurant before,” she agreed. “And certainly not a Chinese place.”
“They must have good taste in musicals.”
Shrugging, we resumed picking away at our dinner. A minute later another song from the same show began to play. We gaped at each other.
“They’re playing the whole album!” I sputtered. “What are the odds?”
Ann frowned and paused. then suddenly whirled to reach into the pocket of her denim jacket hanging behind her chair. She pulled out her phone, and the music instantly grew louder. We both laughed. She must have leaned back against her jacket and set off her music app. Whew — mystery solved!
But hearing those distinctive strains of Weill’s score transported me back to one of the hottest summers New York City had ever endured.
It was 1977, the year I attended an outdoor performance of Threepenny Opera at the Delacorte Theater in Central Park. My mother and a roommate from Pratt had joined me that night.
The Delacorte sits beneath the stone towers of Belvedere Castle, lit by floodlamps like a fairytale illustration, open to the sky and the sounds of the city beyond the trees. On a good night it can feel magical. On this particularly sweltering night, the air hung over us in the audience like a damp blanket as Philip Bosco, who had replaced Raul Julia for this summer staging, swaggered across the stage as Mack the Knife, and Ellen Greene reprised her role as Jenny.
And then — just as she was belting out her furious solo number, Pirate Jenny — all the lights shut off. Greene’s mic abruptly went dead, and the band lurched sourly out of tune before grinding to a halt.
We were plunged into pitch darkness. For a moment, there was silence.
Then the crowd began to buzz nervously. Was this part of the show? I’d seen the play several times before, and knew that it most definitely was not.
A few awkward minutes later, some of the cast reappeared wielding flashlights. While the tech crew worked on the electricity, the band filled the darkness with some lively jazz. Rubber-limbed dancer Tony Azito pranced around jovially in the flickering beams, easing the mood for a spell. But that age-old theater adage, the show must go on, was about to bite the dust.
The house manager finally stepped up on stage to make an announcement: “Ladies and gentlemen, we just learned that there’s been a massive power failure at Con Edison. It’s not just us; the whole city is dark!”
We didn’t know it yet, but this was the Big Blackout of July 13, 1977, and there we were, thousands of us stranded smack in the middle of Central Park. There wasn’t even much of a moon out that night, so it was really, really dark.
“Well, this is some pickle,” Mom said.
We wondered how the hell we were going to get out of there.
I vividly recalled the last big blackout in New York City, the one in 1965. I was just a young kid back then and safely at home, so it had actually been fun. While my mother lit a few Sabbath candles, my little sister and I roamed from room to room pretending we were in a haunted house. Meanwhile, our poor Dad had to trudge back to Brooklyn from midtown Manhattan — a five-hour hike in hot leather shoes.
But this time felt very different. I was far from the safety of home, trapped in the middle of what might as well have been a forest at night. Central Park is beautiful when you can see it. In pitch darkness it’s downright hazardous.
“Guess we’ll all just have to sleep in the park tonight,” I cracked. Neither Mom nor my Pratt roomie were laughing.
Thankfully, a phalanx of city cops eventually arrived to help guide us out. Audience members, cast and crew all joined hands as we carefully made our way along the park’s winding paths, stepping over roots and curbs, catching one another when someone stumbled. Our only illumination came from a few scattered police car headlights.
A walk that normally takes ten minutes took forever, but eventually we emerged onto Central Park West.
The scene was eerie. Streetlamps were dark. Traffic lights were out. Cars sat frozen in the intersections. Not a single apartment window was lit. For a city that never sleeps, it felt as if someone had suddenly flipped off the master switch.
Then I spotted something: “Look, the buses are still running!”
A city bus was rumbling slowly toward us, brightly lit inside. With the subways dead, getting back to my dorm in Brooklyn would have been impossible, so Mom’s place on the Upper East Side looked like the safest destination. She had temporarily split with my Dad and was living there with a roommate at the time.
The three of us squeezed aboard along with what felt like half the audience, and somehow made it across town to First Avenue. As we approached my mother’s high-rise, a dreadful thought suddenly hit me.
“Mom, what floor are you on again?”
“Twenty-five,” she replied grimly.
Of course both elevators were dead. We trudged up 25 flights of stairs in complete darkness, arriving exhausted and panting. My mother fumbled with her key, finally opening the door to reveal Sylvia, her gravel-voiced, seen-it-all Long Island roommate, standing there with her ever-present cigarette tip glowing in the dark.
“Come on in, darlings,” she rasped dryly. “Join the party.”
Sylvia had lit a few candles around the apartment, the only light we’d see that night.
Outside, the city was far from peaceful. While we tried to sleep on sofa cushions on the floor, one of the worst nights of unrest in New York history was unfolding in the streets below. Store windows were smashed. Shops were looted. Garbage cans were set on fire.
Lying there in the dim glow of flickering candlelight, hearing distant sirens punctuated by the sudden crash of breaking glass somewhere in the darkness below, I felt a growing sense of dread. An evening that had begun with music and theater had improbably ended with Manhattan plunged into darkness, its fragile machinery suddenly exposed.
By morning the city looked as though it had survived a world war.
This resilient burg has been battered and bruised over the years, enduring terrorist attacks, blackouts, blizzards, hurricanes, floods, garbage strikes, transit strikes, and the occasional collapse of its aging infrastructure. Yet somehow it manages to reset and lurch forward each time, improvising solutions the way Tony Azito danced in the dark that night at the Delacorte.
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Lindsey Graham, pro-Israel Trump confidant in the Senate, dies suddenly at 71
(JTA) — Sen. Lindsey Graham, a Republican from South Carolina who has been one of Israel’s staunchest supporters in Congress, has died at 71.
Graham’s office announced his death in a statement early Sunday morning, saying that he had died late Saturday after “a brief and sudden illness.” Graham had returned from Ukraine, where he met with Prime Minister Volodymyr Zelensky, the day before.
Graham’s death means the Senate and Republican Party have lost one of its most durable pro-Israel voices at a time when anti-Israel sentiment is on the rise in both places. In his more than three decades in Congress, first in the House and then in the Senate since 2003, Graham aggressively backed U.S. aid to Israel, advanced a hawkish line on Iran and met repeatedly with Israeli Prime Minister Benjamin Netanyahu, in both Israel and the United States.
Netanyahu repeatedly said Israel had “no greater friend” than Graham in the United States. Graham’s most recent visit to Israel was in February, ahead of the U.S.-Israel war on Iran, which he later took credit for urging. “They’ll tell me things our own government won’t tell me,” he said of Israeli officials at the time.
Graham was also a vocal backer of Israel’s military responses to attacks by Hamas, including during the 2014 and after Hamas’ Oct. 7, 2023, attack on Israel that triggered the war in Gaza and augured a period of declining support for Israel. On Oct. 8, he issued a statement calling for Israel to defeat Hamas “by any and all means necessary” and in the subsequent weeks drew attention for calling on Israel to “flatten the place.”
Graham continued to promote a two-state solution as it receded as a U.S. priority, but he also adjusted to reflect the mounting isolationist streak in his party. Last year, he made news for embracing Netanyahu’s announcement of a plan to “taper” U.S. aid to Israel, saying it should be done sooner than Netanyahu’s 10-year timeline.
Graham’s outlook on Israel fit into a broad portfolio that included helming the Senate Budget Committee and pushing for a stronger U.S. response to Russia. Graham, who never married and had no children, was up for reelection in November.
This obituary will be updated.
This article originally appeared on JTA.org.
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