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How to Understand the Groundbreaking Decision of Israel’s Supreme Court
A view shows Israelis protesting, as Israeli Prime Minister Benjamin Netanyahu’s nationalist coalition government presses on with its judicial overhaul, in Tel Aviv, Israel March 25, 2023. Photo: REUTERS/Oren Alon
In a stunning 8-7 decision, the Israeli Supreme Court struck down the Knesset’s “Reasonableness Law,” a new “Basic Law ” that was intended to limit the court’s ability to exercise oversight over Knesset legislation.
This is the first time in Israeli history that the Court has struck down a Basic Law, meaning that, ironically, the first concrete effect of Prime Minister Netanyahu’s judicial reform efforts have been an increase in the Supreme Court’s powers. And a vast majority of the Supreme Court agreed that justices do have the power to strike down Basic Laws in the future.
Though it may seem less dramatic than the ongoing war against Hamas, hundreds of thousands of protesters recently took to the streets on this very topic, and this Supreme Court decision will impact the lives of Israelis long after the war is over. Here’s what you need to know.
Israel has no constitution
Israel’s lack of a constitution means that its political structure is still evolving. In the United States, the Constitution is the primary legal power and the court system is empowered to strike down any legislation or executive order that violates it as “unconstitutional.” The only way to overrule the US Supreme Court is through a Constitutional amendment, which can be passed only through a “super majority” vote: consisting of 75% of all the state legislatures.
Without a constitution, there can be no such thing as “unconstitutional.” Instead, Israel has the “Basic Laws,” a set of legislation that governs individual rights and balance of powers: a kind of equivalent of America’s Constitutional amendments but with one key difference — Israel’s Basic Laws can be changed via a simple majority vote in the Knesset.
This means that any coalition which controls the Knesset can theoretically exercise unlimited power, including over the Supreme Court. How then, does Israel’s Supreme Court provide the necessary checks and balances?
For one thing, as part of its decision this week, Israel’s Supreme Court ruled 12-3 that it does indeed have the power to strike down a Basic Law, a fundamental difference from the United States where the Supreme Court is subordinate to the Constitution.
In addition, for years the Israeli Supreme Court has struck down executive orders and administrative decisions that it deems “unreasonable.” (This does not relate to overturning actual laws, which is done via a different mechanism.)
Prime Minister Benjamin Netanyahu and other proponents of this judicial reform refer to the Reasonableness Standard as an excessive and unstructured power in the hands of un-elected judges. Indeed, the power to define any law as “unreasonable” rather than specifically unconstitutional could allow Israel’s Supreme Court to overstep its proper powers.
Yet the power of the legislature to effectively change the country’s very structure by passing Basic Laws is also excessive. Until now, these two excesses had somewhat sloppily, but effectively, canceled each other out: the very “balance of chaos” that characterizes the miracle of Israeli society.
In March of 2023, Israeli President Herzog suggested a compromise that would limit the Court’s ability to strike down laws based on “reasonableness,” but would also limit the Knesset’s ability to pass Basic Laws without a super-majority vote, thus maintaining the necessary balance of power and moving Israel closer to an American style system. However, the compromise was rejected.
What happens now?
Members of the current ruling coalition have vigorously objected to the Court’s decision, in some cases stating that they would “not accept” it, though it is unclear exactly what action the legislature could take in that regard.
The Court itself is already changing, with some of its members retiring and no clarity as to who will replace them. Similarly, the disastrous intelligence and security failures of October 7 will probably put an end to the careers of many in Israel’s political leadership, though such transitions will likely occur only after the ongoing war is complete.
So there remain a lot of unknowns on the political level as to how this decision will play out in the future, or who will be in power when it does, but one thing is certain: Israel’s Supreme Court has decided by a wide margin that it can, and has demonstrated through its actions that it will, strike down even a Basic Law when the Court feels it is appropriate to do so.
Young Democracy
In its first 100 years, the United States saw the infamous Sedition Act, an actual gun duel between the Vice President and the Secretary of the Treasury, and of course, secession and the American Civil War.
In its first 200 years as an emerging democracy, Britain faced several civil wars and rebellions, as well as the society wrenching Reformation.
At only 75 years old, Israel is actually unusually stable compared to the turbulent early histories of most democracies, Israel’s arguments have been passionate but peaceful, and its laws are still evolving. While it is completely appropriate to feel care and concern over Israel’s evolution, it is not yet time to assume catastrophe.
Daniel Pomerantz is the CEO of RealityCheck, a think tank dedicated to deepening public conversation through robust research studies and public speaking. He previously worked as a lawyer in the United States, including in the field of international law. Daniel lives in Tel Aviv, Israel, where he lectures at Reichman and Bar Ilan Universities, to soldiers of the IDF and the US Marine Corps, and frequently appears on international media. You can learn more about RealityCheck at: www.RealityCheckResearch.org.
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Trump Insists US Will ‘Take’ Gaza, Jordan’s King Stays Mum on Palestinian Relocation During White House Visit
US President Donald Trump meets with Jordan’s King Abdullah at the White House in Washington, DC, Feb. 11, 2025. Photo: REUTERS/Kevin Lamarque
US President Donald Trump insisted that America will “take” Gaza and that other countries in the Middle East will absorb the Palestinians currently residing in the enclave while meeting with King Abdullah II of Jordan in the White House on Tuesday.
“There’s nothing to buy. We will have Gaza. No reason to buy. There is nothing to buy,” Trump said.
The president suggested that the damage incurred by the ongoing Israel-Hamas war has corroded Gaza’s value and that the United States will simply seize the enclave. However, he did not detail how he plans to facilitate or finance the reconstruction of Gaza.
“It’s Gaza. It’s a war-torn area. We’re going to take it. We’re going to hold it. We’re going to cherish it,” Trump added.
Nonetheless, the president vowed that the US will energize Gaza’s economy and turn the territory into a “diamond” and “tremendous asset” for the Middle East. Trump maintained that Gaza possesses the potential to become a “great economic development” for the region, touting its scenic location on the coast of the Mediterranean Sea.
However, the president lamented that seemingly “every 10 years” Gaza erupts into explosive warfare, resulting in “death and destruction” for its civilians.
Trump added that he believes “99 percent” that the United States could strike an agreement with Egypt to relocate the residents of Gaza, where the Palestinian terrorist group Hamas ruled before the war and remains the strongest faction.
When asked what he thought of Trump’s ambitions to transfer Palestinian civilians to Egypt, Abdullah revealed that Egypt and other Arab countries are planning to meet in Saudi Arabia to discuss the future of Gaza. Abdullah refused to speak extensively about Trump’s stated goal of removing Palestinians from Gaza, advising reporters to “not get ahead of ourselves” and wait for Arab countries to deliberate about the matter.
“It’s hard to make this work in a way that’s good for everybody,” Abdullah said.
Though the Jordanian king would not commit to taking in large numbers of Palestinians, he said Jordan would be willing to “take 2,000 children that are cancer children or are in [a] very ill state” while Arab countries “wait for the Egyptians to present their plan on how we can work with the president to work on Gaza challenges.”
During Israeli Prime Minister Benjamin Netanyahu’s visit to the White House last week, Trump called on Egypt, Jordan, and other Arab states in the region to take in Palestinians from Gaza after nearly 16 months of war between Israel and the Hamas. Arab leaders have adamantly rejected Trump’s proposal.
Last week, the US president expressed similar sentiments as he did on Tuesday, saying that the US would “take over” the Gaza Strip to build the war-torn Palestinian enclave back up. However, many members of the US Congress across both parties pushed back on Trump’s declaration, accusing him of endangering American troops, destabilizing the Middle East, and floating an ethnic cleansing campaign in Gaza. Trump has also stated that Palestinians would not have the “right to return” to Gaza after being relocated and said no US troops would be needed for his plan without elaborating.
Following his meeting with Trump, Abdullah took to social media to call for a permanent end to the war in Gaza and the creation of a Palestinian state.
“This is the unified Arab position. Rebuilding Gaza without displacing the Palestinians and addressing the dire humanitarian situation should be the priority for all,” he wrote on X/Twitter.
“Achieving just peace on the basis of the two-state solution is the way to ensure regional stability. This requires US leadership. President Trump is a man of peace. He was instrumental in securing the Gaza ceasefire. We look to US and all stakeholders in ensuring it holds,” the Jordanian king added.
The post Trump Insists US Will ‘Take’ Gaza, Jordan’s King Stays Mum on Palestinian Relocation During White House Visit first appeared on Algemeiner.com.
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Bowdoin College Clears ‘Gaza Encampment’
Anti-Zionist Bowdoin College students storming the Smith Union administrative building on the evening of Feb. 6, 2025, to occupy it in protest of what they said are the college’s links to Israel. Photo: Screenshot
Bowdoin College in Maine has negotiated an end to an anti-Zionist group’s occupation of an administrative building without acceding to any of its demands for a boycott of Israel, The Bowdoin Orient reported on Monday.
The group Students for Justice in Palestine (SJP)had installed an encampment inside Smith Union on Thursday night in response to US President Donald Trump’s proposing that the US “take over” the Gaza Strip and transform it into a hub for tourism and economic dynamism. The roughly 50 students who resided inside the building vowed not to leave until the Bowdoin officials agree to adopt the boycott, divestment, and sanctions (BDS) movement against Israel.
Following the action, Bowdoin officials promptly moved to deescalate the situation by counseling the students to mind the “gravity of situation” in which they placed themselves, with senior associate dean Katie Toro-Ferrari warning that their behavior “could put them on the path where they are jeopardizing their ability to remain as Bowdoin students.” No sooner had it sent this communication than it began issuing temporary suspensions to students who rejected appeals to leave Smith Union and return to normal student life.
“You will be placed on temporary suspension, effective immediately, pending a college disciplinary process,” Bowdoin vice president Jim Hoppe wrote to the protesters in a letter, copies of which were sent to their parents. “During your immediate suspension, you may not attend your Spring 2025 courses … Your family will receive a copy of this letter. This temporary status will continue until further notice.”
Facing threats of severer sanctions, SJP agreed to vacate Smith Union on Monday and shared that they had issued a plea for mercy in discussions with college officials which called for them to “understand a context of good faith for the students who have engaged in this action.” By that time, several students had already left the building, according to the Orient.
Republicans in Washington, DC have said that disruptive and extremist political activity on college campuses “will no longer be tolerated in the Trump administration.” Meanwhile, the new US president has enacted a slew of policies aimed at reining in disruptive and discriminatory behavior.
Continuing work started during his first administration — when Trump issued Executive Order 13899 to ensure that civil rights law apply equally Jews — Trump’s recent “Additional Measures to Combat Antisemitism” calls for “using all appropriate legal tools to prosecute, remove, or otherwise … hold to account perpetrators of unlawful antisemitic harassment and violence.” The order also requires each government agency to write a report explaining how it can be of help in carrying out its enforcement. Another major provision of the order calls for the deportation of extremist “alien” student activists, whose support for terrorist organizations, intellectual and material, such as Hamas contributed to fostering antisemitism, violence, and property destruction.
Follow Dion J. Pierre @DionJPierre.
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Hamas Rebuffs Trump’s ‘Worthless’ Call for Israel to Resume War if Terror Group Refuses to Release Hostages
Then-US President-elect Donald Trump makes remarks at Mar-a-Lago in Palm Beach, Florida, US, Jan. 7, 2025. Photo: REUTERS/Carlos Barria
Hamas has rebuffed US President Donald Trump’s warning that he’ll “let hell break out” if the Palestinian terrorist group does not release all the Israeli hostages still being held in Gaza, saying that the American leader’s threats are “worthless and only complicate matters.”
“Trump must remember that there is an agreement that must be respected by both parties, and this is the only way to get the prisoners back,” Hamas official Sami Abu Zuhr told multiple press agencies, referring to the Gaza ceasefire and hostage-release deal between the terrorist group and Israel. “The language of threats is worthless and only complicates matters.”
On Monday, Trump advised Israel to cancel the ceasefire and said he would “let hell break out” if Hamas refused to release the remaining hostages. Trump’s comments echoed statements made by his national security adviser, Mike Waltz, last month that the White House would support Israel resuming the war in Gaza if Hamas violated the ceasefire agreement.
“As far as I’m concerned, if all of the hostages aren’t returned by Saturday at 12 o’clock … I would say, cancel it [the hostage deal] and all bets are off and let hell break out,” Trump told reporters on Monday. “I’d say they ought to be returned by 12 o’clock on Saturday, and if they’re not returned — all of them — not in dribs and drabs, not two and one and three and four and two — Saturday at 12 o’clock. And after that, I would say, all hell is going to break out.”
Trump cautioned that Israel might want to override him on the issue and said he might speak to Israeli Prime Minister Benjamin Netanyahu.
Trump’s comments came after Hamas announced on Monday that it would stop releasing Israeli hostages until further notice over alleged violations of the ceasefire deal. Hamas spokesperson Abu Obeida claimed that Israel has prevented Palestinians from returning to northern Gaza, conducted strikes throughout the Gaza Strip, and impeded the delivery of humanitarian goods.
“The resistance leadership has closely monitored the enemy’s violations and its failure to uphold the terms of the agreement,” Obeida said.
The Israel Defense Forces has insisted that its strikes were conducted for defensive purposes, saying that its soldiers have “operated to distance suspects who posed a threat to them in different areas of the Gaza Strip.”
“The IDF is committed to fully implementing the conditions of the agreement for the return of the hostages,” the military wrote in a statement, adding that their forces are “prepared for any scenario and will continue to take any necessary actions to thwart immediate threat to IDF soldiers.”
Meanwhile, Israel said last week that 12,600 trucks of aid had arrived in Gaza since the beginning of the deal on Jan. 19.
Hamas-led Palestinian terrorists started the war in Gaza when they murdered 1,200 people and kidnapped 251 hostages during their invasion of southern Israel on Oct. 7, 2023. Israel responded with a military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in the neighboring enclave. The conflict raged for nearly 16 months until both sides agreed to last month’s ceasefire and hostage-release deal, the first phase of which is set to last six weeks.
Under phase one, Hamas agreed to free a total of 33 Israeli hostages, eight of whom are deceased, and in exchange, Israel would release over 1,900 Palestinian prisoners, many of whom are serving multiple life sentences for terrorist activity. Meanwhile, fighting in Gaza will stop as negotiators work on agreeing to a second phase of the agreement, which is expected to include Hamas releasing all remaining hostages held in Gaza and the complete withdrawal of Israeli forces from the enclave.
So far, 16 of the 33 hostages in Gaza have been released within the first phase of the ceasefire.
The three latest hostages were released on Saturday. Their strikingly thin and emaciated bodies sparked international outrage about Hamas’s treatment of the hostages, with Trump comparing the captives to Holocaust survivors.
The details of the second phase of the ceasefire are still being negotiated. However, Israel has reportedly presented the White House with a plan to advance the truce with Hamas.
The post Hamas Rebuffs Trump’s ‘Worthless’ Call for Israel to Resume War if Terror Group Refuses to Release Hostages first appeared on Algemeiner.com.
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