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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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El-Sayed defends opposing Israel aid as he woos Jewish voters
Dr. Abdul El-Sayed made opposition to U.S. military aid to Israel a defining issue of his campaign in Michigan’s Democratic Senate primary. On Sunday, as the party’s nominee, El-Sayed explained why he supported sending American military aid to Ukraine in its war against Russia but opposes sending aid to Israel as it fights Hamas and other armed groups in the region.
“In Ukraine, you’re talking about attacks from a leader of a neighboring sovereign country, who clearly violated international law in attempting to breach the sovereignty of the Ukrainian public,” El-Sayed said in an interview on NBC’s Meet the Press. “That is conditional on that circumstance.”
As for Israel, he argued, the United States has “been offering unconditional foreign military aid to Israel independent of the circumstances for years and years and years.”
The distinction comes as El-Sayed tries to draw a clearer line around his position on Israel aid as he moves into the general election, following a narrow victory over Rep. Haley Stevens, who was backed by AIPAC and other pro-Israel Jewish groups.
Since his primary win, El-Sayed said in media appearances that his opposition to unconditional military aid — including funding to the Iron Dome defense system — goes beyond Israel. He pointed to Egypt, where his parents were born, as well as to Saudi Arabia and Jordan, saying those U.S. allies should not receive unconditional American military support either.
“It’s not just Israel,” El-Sayed said, adding, “It’s about the conditions.”
When pressed on whether there was any scenario in which he would support military aid to Israel, El-Sayed said he could consider supporting it if Israelis and Palestinians reached an agreement that guaranteed, as he described it, the “Palestinian people and Jewish Israeli people” equal rights to “peace, dignity, and self-determination.” During the primary, El-Sayed stopped short of explicitly backing a two-state solution.
The Jewish voter test
El-Sayed’s position on Israel is becoming a test of whether he can unite Democrats for the general election in one of the nation’s most important swing states. Many Jewish Democrats remain uneasy with his rhetoric on Israel — including his calling Israel “bloodthirsty” — even as the party needs their support to defeat Republican Mike Rogers and improve its chances of winning back the Senate.
The Jewish Democratic Council of America, which backed Stevens and said its volunteers made nearly 100,000 calls on her behalf, said that the “razor-thin margin” in El-Sayed’s victory is evidence that pro-Israel Democrats remain an important electorate within the party.
Halie Soifer, JDCA’s chief executive and a Michigan native, said in a Substack post Friday that Jewish Democrats are standing “on a political fault line” after El-Sayed’s victory. “Jewish voters’ concern with El-Sayed and other far-left candidates is rooted in concern for our safety and security given rising antisemitism and antisemitic violence, including when Jews are blamed for the actions of Israel,” she wrote.
Jewish voters make up just 1.4% of the electorate in Michigan, but they could still prove decisive in a close race. Michigan has been decided by narrow margins in recent elections: Donald Trump won the state in 2016, Joe Biden flipped it in 2020, and Sen. Elissa Slotkin narrowly won her Senate race in 2024 even as Trump carried the state in the presidential race.
AIPAC’s super PAC, United Democracy Project, which spent more than $30 million in the primary, is reportedly weighing additional spending in the general election to boost Rogers. It would likely be joined by other groups, including the centrist Democratic groups Third Way and Welcome PAC, as well as the Republican Jewish Coalition.
Jeremy Ben-Ami, president of the liberal pro-Israel group J Street — a progressive alternative to AIPAC — urged El-Sayed to take a different approach to the Jewish voters who opposed him. Ben-Ami wrote in a Substack post that El-Sayed should spend significant time listening to Jewish Michiganders and their concerns about vulnerability and antisemitism, while making clear “in words and in actions” that Jews who care deeply about Israel have a place in his coalition.
‘I love and revere Judaism’
In the Sunday interview, El-Sayed sought to reassure Jewish voters who remain skeptical of him.
Asked to respond to President Donald Trump’s comments that El-Sayed “hates” Israel and Jewish people “with a passion that burns in his heart,” El-Sayed said, “I love and revere Judaism and the Jewish people. I believe they’re a light unto the world.”
El-Sayed recalled growing up in Bloomfield Hills, a metro Detroit community with a large Jewish population, and being invited to Passover Seders, synagogues and bar and bat mitzvahs. “I’m really honored for what I learned and got to share with my Jewish sisters and brothers,” he said. “But they are not the same as AIPAC and Israel.”
The candidate also disavowed some remarks by Hasan Piker, the popular pundit and streamer who has been accused of antisemitic rhetoric and who appeared with El-Sayed on the campaign trail. El-Sayed said Piker’s statement that “America deserved 9/11” was “dumb,” though he did not commit to ending campaign appearances with him.
The test in the coming months is whether El-Sayed can win over skeptical Jewish and moderate Democrats without moderating his views on Israel or losing the progressive and pro-Palestinian voters who propelled him to victory.
The post El-Sayed defends opposing Israel aid as he woos Jewish voters appeared first on The Forward.
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The Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
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Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts
Mohsen Mahdawi, a 35-year-old Palestinian, has been a permanent resident of the United States for the past 14 years. And as the U.S. government presses ahead with efforts to deport him over his pro-Palestinian advocacy at Columbia University, more than 1,000 Jews have come forward to defend him by signing an open letter I authored.
Why? At a time of particularly fractious division in the Jewish community over issues related to the Israeli-Palestinian conflict, how is it possible that so many Jews have come together in support of a Palestinian activist?
One key reason is that the government is seeking to infringe upon the rights of someone who neither engaged in acts of violence nor supported them. In July, the Second Circuit Court overruled a prior district court judge’s dismissal of the deportation case against Mahdawi, giving new energy to the government’s efforts.
Mahdawi has committed no crime; the government has not even bothered to accuse him of doing so. Instead, he simply gave voice to his belief in the necessity of freedom for his people.
Jews of all ideological stripes can and should agree that it is wrong to penalize someone for the expression of their political views. They don’t need to go far back in time to recall that such tactics have often been used against Jews themselves — in the Soviet Union to suppress refuseniks who sought to manifest their identity as Jews; in the U.S. during the McCarthy era; and, most ominously, during the dark age of Nazi totalitarianism.
In drafting an open letter defending Mahdawi, focused on the attack on his political rights, I hoped that a diverse range of Jews would be willing to acknowledge that whether they agree or disagree with Mahdawi, the government’s targeting of him represents a threat to all of us.
I know Mahdawi personally. We met at a peace-building retreat in the summer of 2024. He was an enormously compelling presence who drew people together through his preternatural calmness and clarity of purpose.
Since then, I have come to see him as a unifier, not a divider. He’s an advocate of peace, not war. And he has the potential to become a leader of enormous charisma and potential.
So why has the Trump administration devoted so much attention to persecuting a Palestinian student who has repeatedly called out antisemitism, including at a Palestinian solidarity rally at Columbia?
The sad reality is that Mahdawi, like his fellow Columbia student Mahmoud Khalil, is being persecuted for the crime of being Palestinian.
The U.S. State Department came up with the logic-defying claim, in March 2025, that Mahdawi’s activities at Columbia “would have a potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.” If this administration truly wishes to advance its foreign policy interests, then it should focus on reconstructing Gaza and building a framework for peace between Israelis and Palestinians, not targeting a devoted adept of non-violence like Mahdawi.
Many who signed the letter in support of Mahdawi joined in for the simple reason that they believe it is un-American to discriminate against people on the basis of their political views. Some who added their names felt, as I did , that there was another compelling reason to sign on: that Mahdawi’s activism gives the lie to the prevalent myth that to be pro-Palestine is to be antisemitic. This proposition gets buried in the raging discourse around antisemitism and Israel today.
It is essential to recognize that support for the cause of Palestinian freedom and self-determination is not the political or moral equivalent of antisemitism. It is a precondition to a world in which Israeli Jews and Palestinians live peaceably together. And it is a cause that Jews, by virtue of their own historical experience of exile, should be eminently capable of both understanding and supporting.
Mohsen Mahdawi perfectly exemplifies the position. He is fierce in his advocacy for Palestinian rights. And he is fierce in his opposition to all forms of identity-based discrimination, including and especially, antisemitism. He deserves better from the U.S., and we Jews must vigorously oppose the profound miscarriage of justice being directed against him.
David N. Myers teaches Jewish history at UCLA.
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