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A law professor worries Israel could become the next Hungary
(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.
While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.
Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”
Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities.
To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”
We spoke on Friday. Our conversation has been edited for length and clarity.
Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.
Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.
A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?
Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time.
Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)
You mean “accountability” in the sense that courts should be accountable to the public.
Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.
And accountability in that case is too much of a good thing.
Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities.
What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?
They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law.
By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.
If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.
Can you give me a couple of examples? What are the high stakes in terms of democratic governance?
First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings.
Including the prime minister, Benjamin Netanyahu.
Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.
Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.
Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.
You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?
The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.
Certainly not if you are Israel.
Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.
In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest.
Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.
Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)
What does a constitutional crisis look like?
Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?
When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?
It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.
But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.
How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?
This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries.
How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?
That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition.
The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.
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India’s Modi Visits Israel, Expresses Support for Jewish State as US-Iran Tensions Mount
India’s Prime Minister Narendra Modi and Israel’s Prime Minister Benjamin Netanyahu attend a welcome ceremony upon Modi’s arrival at Ben Gurion International Airport in Lod, near Tel Aviv, Israel, Feb. 25, 2026. Photo: REUTERS/Shir Torem
India’s Prime Minister Narendra Modi arrived in Israel on Wednesday for a two-day visit that both countries have cast as a chance to deepen relations, as regional concerns mount over the risk of military conflict between the United States and Iran.
In an address to the Israeli parliament, Modi told lawmakers that India stood with Israel “with full conviction” as he shared his nation’s condolences over the October 2023 Hamas attack.
“Like you, we have a consistent and uncompromising policy of zero tolerance for terrorism, with no double standards,” he said.
Both Modi and Israeli Prime Minister Benjamin Netanyahu, who also addressed the parliament, spoke of terrorist attacks that their nations had faced, with Netanyahu saying India and Israel both faced the challenge of confronting “radical Islam.”
Some opposition lawmakers briefly walked out of the special session, protesting at the speaker’s decision not to invite the head of the Supreme Court, but returned for Modi‘s remarks.
Netanyahu’s right-wing government, which the speaker belongs to, has had a confrontational relationship with the court.
Modi, a Hindu nationalist, became the first prime minister in India’s history to visit Israel in 2017, during which he and Netanyahu took a barefoot stroll on a beach in the northern port city of Haifa.
Both still in power nearly nine years later, the two leaders, who describe one another as friends, are expected to hold talks on artificial intelligence as well as defense at a time when Israel is seeking to increase its military exports.
An Israeli government official said Modi‘s visit would “pave the way for new partnerships and collaborations across many fields.” Bilateral ties were on the cusp of a significant upgrade, an Israeli foreign ministry official said.
US MILITARY BUILDUP NEAR IRAN
Modi is visiting as the United States deploys a vast naval force near Iran‘s coast ahead of possible strikes on the Islamic Republic, with the two countries at an impasse in talks over Tehran’s nuclear program. The Pentagon has also deployed an aircraft carrier to the Mediterranean, bound for Israel‘s coast.
A US attack on Iran could draw Iranian retaliation against Israel as well as US military facilities in Gulf Arab countries, where millions of Indians live and work and send home billions of dollars of remittances each year.
In his speech to lawmakers, Modi vaguely spoke about the challenges facing stability in the region, acknowledging that the landscape had become more challenging in recent years, but made no mention of the US military build-up, or of Iran.
He backed the US plan to end the war in Gaza, telling the parliament that it could lead to peace “for all people of the region, including by addressing the Palestinian issue.”
“The road to peace is not always easy. But India joins you and the world for dialogue, peace, and stability in this region,” Modi said.
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CIA Launches Fresh Social Media Push to Recruit Iranians as Trump Threatens Military Action
The seal of the Central Intelligence Agency is shown at the entrance of the CIA headquarters in McLean, Virginia, US, Sept. 24, 2022. Photo: REUTERS/Evelyn Hockstein
The US Central Intelligence Agency has posted on social media new Farsi-language instructions for Iranians wishing to securely contact the spy service.
The CIA recruitment effort comes amid a massive buildup of US military forces in the Middle East that President Donald Trump could order to attack Iran if talks with the US set for Thursday fail to reach a deal on Tehran’s nuclear program.
Trump began laying out the case for a possible US operation in his State of the Union speech on Tuesday, saying he would not allow the Islamic Republic, which he called the world’s biggest sponsor of terrorism, to have a nuclear weapon. Iran denies seeking a nuclear arsenal.
“They [Iran‘s leaders] want to start all over again, and are, at this moment again pursuing their sinister ambitions,” he said, accusing Iran of restarting its nuclear program, working to build missiles that “soon” would be capable of reaching the United States, and of being responsible for roadside bombings that have killed US service members and civilians.
“The [Iranian] regime and its murderous proxies have spread nothing but terrorism and death and hate,” the Republican president said about 90 minutes into his annual address to a joint session of the Senate and House of Representatives.
The CIA posted its Farsi-language message on Tuesday on its X, Instagram, Facebook, Telegram, and YouTube accounts.
The message is the latest in a series by the CIA aimed at enlisting sources in Iran, China, North Korea, and Russia.
The agency urged Iranians wishing to make contact to “take appropriate action” to protect themselves before doing so and avoid using work computers or their phones.
“Use a new, disposable device, if possible” and “be aware of your surroundings and who may be able to see your screen or activity,” continued the message, adding that those who make contact, provide their locations, names, job titles and “access to information or skills of interest to our agency.”
Those individuals, said the message, should use a trusted Virtual Private Network “not headquartered in Russia, Iran, or China,” or the Tor Network, which encrypts data and hides the user’s IP address.
The CIA declined to comment. Iran’s delegation to the United Nations did not immediately respond to a request for comment.
US envoys Steve Witkoff and Jared Kushner are scheduled to meet Iranian officials led by Foreign Minister Abbas Araqchi in Geneva on Thursday for a new round of negotiations on Tehran’s nuclear program.
Trump has threatened military action if the talks fail to reach an agreement, or if Tehran executes people arrested for participating in nationwide anti-government demonstrations in January.
Rights groups say thousands of people were killed in the government crackdown on the protests, the worst domestic unrest in Iran since the era of its 1979 Islamic Revolution.
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UK Green Leader Backs Proposed ‘Zionism Is Racism’ Party Platform
A Green Party march in London. Photo: Alan Stanton/Flickr
The top official in the United Kingdom’s Green Party has come out in support of a “Zionism Is Racism” motion to be debated at the party’s March conference which could shift the leftist political organization’s official position to full-scale removal of Israel off the map, to be replaced with “a single democratic Palestinian State in all of historic Palestine with Jerusalem as its capital.”
Lubna Speitan, a British-Palestinian Green Party member who serves in the Greens for Palestine Steering Group and the Greenwich Palestine Alliance, on Tuesday announced she had submitted Motion A105, creatively titled “Zionism Is Racism,” for debate at the UK Green Party’s Spring Conference on March 28.
The measure has received the support of Green Party Leader Zack Polanski.
“I’ll wait to hear the debate, but absolutely, if the definition of Zionism is what is happening right now by the Israeli government, then yes, absolutely, that’s racist and I’ll vote for it,” he said on Times Radio.
However, Speitan’s proposal goes much further than condemning Zionism — the national movement of the Jewish people to reestablish a state in their ancient homeland — as an allegedly racist ideology, a slander which the Soviet Union’s espionage agencies began promoting in the 1970s, most notably and successfully at the United Nations General Assembly with the passage of Resolution 3379 on Nov. 10, 1975. The infamous measure, which asserted that Zionism was “a form of racism and racial discrimination,” was ultimately overturned in 1991.
The Soviet Union’s effort to link Zionism to racism drew arguments from the notorious “Protocols of the Elders of Zion” and argued that Judaism’s concept of “the chosen people” promoted racial superiority.
“This deliberate slur interpolated and distorted the real meaning of Judaism which explains the Jewish people are ‘chosen,’ or set apart, for special and burdensome religious and social obligations,” according to the American Jewish Committee.
Speitan’s measure calls for the Green Party to adopt Hamas’s position of eliminating Israel from the map, to replace the Jewish state with a Palestinian state.
The motion offers eight points, the third of which appears to call for either the mass expulsion or genocide of the Israeli people: “Following from Motion E05, which affirmed that Israel is an apartheid State committing genocide, and Motion E07 supporting reparations and accountability, the Green Party supports the establishment of a single democratic Palestinian State in all of historic Palestine with Jerusalem as its capital, equal rights for all, and the right of return for Palestinians and their descendants.”
Speitan connects this call for “the right of the return” with announcing an end of a Jewish state. This longstanding Palestinian demand insists that potentially millions of descendants of Palestinian refugees should return to the land of Israel, a step that, according to many pro-Palestinian activists, would result in the abolition of the world’s only Jewish state.
The measure also advocates explicit support for terrorism against Israel, with point four stating that the Green Party would affirm “the Palestinian people’s inalienable right to self-determination, including the right of the Palestinian people to resistance and liberation from Israeli occupation, domination and subjugation, and acknowledges that the struggle to achieve that liberation by all available means under international law is legitimate.”
This apparent advocacy of violence aligns with statements made last year by Speitan in support of terrorism against the Jewish state.
“The only way forward for the liberation of any people is going to be by force, what was taken by force must be returned by force and this comes with military intervention, and for me I support our right to the armed struggle. We must never deny that,” Speitan said in a September 2025 speech. “I will refuse to condemn the resistance of any repressed or occupied people because we have that right. Only we can claim self-defense, not the occupier.”
Speitan continued, “The moment we rise, we call for resistance, [they say] ‘you terrorist.’”
John Mann, the UK government’s independent adviser on antisemitism, labeled Speitan’s anti-Zionist proposal “support for terrorism and overt racism against Jews. There is no ambiguity. It’s from the extreme margins of politics.”
He went on to invoke former UK Labour Party Leader Jeremy Corbyn, whose time at the helm of the party was marked by a succession of scandals involving antisemitism, to show how extreme the Green Party has become.
“This is well beyond anything that happened during Labour under Jeremy Corbyn,” Mann declared. “This makes Corbyn look like a moderate. The crank element that even Corbyn was worried about has entered the Greens en masse.”
Speaking to Britain’s Daily Mail, Israel’s Deputy Foreign Minister Sharren Haskel labeled the motion “one of the most hateful and racist documents I’ve ever read.”
“It calls for the destruction of Israel and seeks to justify terrorism against Israel,” Haskel added, referring to the proposal. “Its intent is to justify the destruction of the Jewish homeland and deny the right of Jews to a national home. The double standards are extraordinary as they demand a national home for Palestinians but not Jews.”
Haskel added, “I completely condemn this horrific document and hope the people of the UK see the Greens for what they are – a racist and hateful political party.”
The group Jewish Greens has urged voting against Speitan’s proposal.
“This is not your run-of-the-mill motion opposing Israel’s actions (something that Jewish Greens would have no problem with), but something much more problematic that is likely to make Jews feel unwelcome in the Green Party,” the group stated. “We urge Green Party members to listen to their Jewish comrades within the party, and consider whether this motion is appropriate for the type of party they want to be in.”
The statement urged for a broader understanding of Zionism, explaining that “calling all forms or interpretations of Zionism ‘racism’ is painting a very diverse group of people with a very broad brush and in effect, it accepts the most extreme right-wing version of Zionism (aka – Kahanism) peddled by the far right as definitive. This is like accepting the EDL’s definition of Englishness. Or like banning all forms of USA nationalism based on the horrendous crimes of the Trump administration.”
Reflecting on the degree with which the party had shifted in recent years, Mann called Speitan’s measure “about as far away as from Green politics of the past as is possible. Greens used to be about stopping fossil fuels and nuclear power and building wind farms. Now hate is bringing members surging into the Green party.”
On Oct. 19, 2025, the Green Party of England and Wales announced that “membership has surged past the Conservative Party, making the Greens the third largest party in the UK. From this position, and with Labour’s clear shift to the right, it’s clear that the Greens are now the Party of choice to counter Reform and their brand of divisive politics.”
The party stated that “membership now stands at over 126,000. This latest milestone marks an 80 percent increase since Zack Polanski was elected Leader of the party last month. The Greens now have more than double the reported members of the Liberal Democrats.”
Polanski said then that British politics “is changing and support for old-style parties built on privilege and power is shrinking. Increasing numbers of people are walking away from the politics of austerity, inequality and division and choosing a new kind of politics that offers a bold, hopeful vision of prosperity, equality and unity. Our membership boom reflects growing public frustration with the political status quo and a hunger for genuine alternatives.”
According to the UK’s Jewish News, Polanski has faced mounting pressure to support the latest anti-Zionist motion from a new group of hardline anti-Israel activists within the party. “Supporting the motion would effectively mean declaring his own mother and other members of his Jewish family — staunch supporters of Israel who have criticized pro-Palestine marches — as racists,” the outlet noted.
A YouGov poll of UK party preferences conducted Feb. 9-10, 2025, placed the Greens as the fifth most popular party in the country coming in at 9 percent support compared to the Liberal Democrats (14 percent), Conservatives (21 percent), Labour (25 percent), and Reform UK (26 percent). A total of 21 percent of Britons polled said they would consider voting for a Green candidate with higher levels of support among those 18-24 (36 percent) and 25-49 (27 percent).
In Britain’s House of Commons, Green politicians currently occupy four seats compared to 404 controlled by Labour, 116 to the Conservatives, 72 to Liberal Democrats, 13 independents, 9 members of the Scottish National Party, and 8 members of Reform UK. Pollsters in the UK have found considerable crossover between the Liberal Democrats and the Greens with 51 percent of the members in each party supporting a merger with the other.
The Jewish Greens explained the practical implications of what adoption of the “Zionism Is Racism” position would entail for the party, noting that any member supporting Zionism could then potentially be expelled, a position which the Democratic Socialists of America (a group with 78,000 members) explicitly adopted last year.
“Most Jewish institutions in the UK have some sort of connection to Zionism. Some closer, some less so. The motion proposers – in a response to a question from Jewish Greens – have made it clear that they will expect the motion to proscribe Zionists,” the Jewish Greens stated. “This gives the party the option to expel almost any Jew involved in organized communal life or who has ever been, including our party leader. Meaning that most Jews in the party – whether they define themselves as Zionists or not – are one grudge away from being dragged through the disciplinary process on spurious charges of ‘Zionism.’”
