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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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Trump nominee who said he had a ‘Nazi streak’ forced out before Senate confirmation hearing
Paul Ingrassia has pulled out of contention for a top legal role in the Trump administration after losing key Republican support over revelations of private texts in which he declared, “I have a Nazi streak.”
Ingrassia had faced criticism over his links to the avowed white supremacist Nick Fuentes and the antisemitic influencer Andrew Tate since his nomination in May. But the January 2024 texts, first reported by Politico this week, showed that he personally had used a slur against Black people, called for the abolition of the Martin Luther King Jr. federal holiday and expressed an affinity for Nazism.
Late Tuesday, Ingrassia announced that he would not appear in the Senate as planned on Thursday — though he indicated that he would keep his current lower-level role.
“I will be withdrawing myself from Thursday’s HSGAC hearing to lead the Office of Special Counsel because unfortunately I do not have enough Republican votes at this time,” Ingrassia tweeted. “I appreciate the overwhelming support that I have received throughout this process and will continue to serve President Trump and this administration to Make America Great Again!”
Four Republican senators, including Senate Majority Leader John Thune, publicly expressed opposition to Ingrassia’s nomination after the revelation of the private texts this week, which included both racist and antisemitic content.
“I’m not supporting him,” Florida Sen. Rick Scott told reporters on Monday. “I can’t imagine how anybody can be antisemitic in this country. It’s wrong.”
An attorney for Ingrassia did not confirm the texts’ authenticity to Politico but said they appeared to be jokes. A participant on the chain said they were not treated as jokes at the time and the Nazi comment in particular — “I do have a Nazi streak in me from time to time, I will admit it” — had drawn pushback from others on the chat.
The texts’ revelation comes just after Politico exposed private chats among state-level leaders of the Young Republicans in which multiple members expressed racist and antisemitic views, including the sentiment, “I love Hitler.” Several participants in that chat have lost their jobs, and Republican leaders in two states have dissolved their state youth organizations as a result. Vice President J.D. Vance said the texts represented youthful mistakes and that he was not worried about pro-Hitler views among young Republicans.
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Prominent Jewish figures call for sanctions on Israel: ‘The ceasefire must be the beginning, not the end.’
(JTA) — As the ceasefire between Israel and Hamas enters its second week, prominent Jews from around the world who have criticized Israel throughout the war have now signed onto a letter urging global leaders to ensure that the deal results in a “new era of peace and justice for all.”
The letter, which was addressed to António Guterres, the secretary-general of the United Nations, and world leaders, also demands that Israel be held to account for “grievous violations of international law.”
“It was international pressure that helped to secure this ceasefire, and it must be sustained to guarantee that it endures. The ceasefire must be the beginning, not the end,” the letter says. “The risk of reverting to a political reality of indifference to occupation and permanent conflict is too great. This same pressure must be continued to deliver a new era of peace and justice for all—Palestinians and Israelis alike.”
The letter, titled “Jews Demand Action,” was released Wednesday as Vice President J.D. Vance visits Israel, amid signs casting doubt on the durability of the ceasefire deal.
It was signed by a host of prominent Jewish celebrities and public figures, many of whom have been outspoken in their criticism of Israel since the beginning of its two-year war in Gaza.
They include Israeli conductor Ilan Volkov, Emmy Award-winning actors Ilana Glazer and Hannah Einbinder, Canadian trauma guru Gabor Maté, and Oscar winners Jonathan Glazer and Yuval Avraham, who co-directed the documentary “No Other Land.”
The initiating signatories included American author and editor-at-large of Jewish Currents Peter Beinart; former Knesset speaker Avraham Burg; former Israeli negotiator Daniel Levy; Libby Lenkinski, the vice president for public engagement of the New Israel Fund; British activist Em Hilton, and former Belgian member of parliament Simone Susskind.
“We launched this initiative because the deeds of Israel’s government in Gaza have been an affront to collective Jewish consciousness worldwide,” Burg said in a statement. “Pressure from people mobilizing across the world, which led to leaders taking a stand, helped produce a ceasefire. Now international pressure must be sustained to end this cycle of violence and oppression once and for all.”
The letter also urges “businesses, labor unions, civil society” and the United Nations’ member states to take four steps: comply with decisions of the International Court of Justice and International Criminal Court (which issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu last year), impose sanctions and arms embargoes on Israel, ensure humanitarian aid reaches Gaza and “refute false accusations of antisemitism.”
“We shall not rest until this ceasefire carries forward into an end of occupation and apartheid,” the letter continued. “We write in the hope that this initiative further emboldens a moment of renewed Jewish commitment to act with conscience and compassion. We vow to work urgently to achieve equality, justice, and freedom for Palestinians and Israelis.”
The post Prominent Jewish figures call for sanctions on Israel: ‘The ceasefire must be the beginning, not the end.’ appeared first on The Forward.
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Prominent Jewish figures call for sanctions on Israel: ‘The ceasefire must be the beginning, not the end.’
As the ceasefire between Israel and Hamas enters its second week, prominent Jews from around the world who have criticized Israel throughout the war have now signed onto a letter urging global leaders to ensure that the deal results in a “new era of peace and justice for all.”
The letter, which was addressed to António Guterres, the secretary-general of the United Nations, and world leaders, also demands that Israel be held to account for “grievous violations of international law.”
“It was international pressure that helped to secure this ceasefire, and it must be sustained to guarantee that it endures. The ceasefire must be the beginning, not the end,” the letter says. “The risk of reverting to a political reality of indifference to occupation and permanent conflict is too great. This same pressure must be continued to deliver a new era of peace and justice for all—Palestinians and Israelis alike.”
The letter, titled “Jews Demand Action,” was released Wednesday as Vice President J.D. Vance visits Israel, amid signs casting doubt on the durability of the ceasefire deal.
It was signed by a host of prominent Jewish celebrities and public figures, many of whom have been outspoken in their criticism of Israel since the beginning of its two-year war in Gaza.
They include Israeli conductor Ilan Volkov, Emmy Award-winning actors Ilana Glazer and Hannah Einbinder, Canadian trauma guru Gabor Maté, and Oscar winners Jonathan Glazer and Yuval Avraham, who co-directed the documentary “No Other Land.”
The initiating signatories included American author and editor-at-large of Jewish Currents Peter Beinart; former Knesset speaker Avraham Burg; former Israeli negotiator Daniel Levy; Libby Lenkinski, the vice president for public engagement of the New Israel Fund; British activist Em Hilton, and former Belgian member of parliament Simone Susskind.
“We launched this initiative because the deeds of Israel’s government in Gaza have been an affront to collective Jewish consciousness worldwide,” Burg said in a statement. “Pressure from people mobilizing across the world, which led to leaders taking a stand, helped produce a ceasefire. Now international pressure must be sustained to end this cycle of violence and oppression once and for all.”
The letter also urges “businesses, labor unions, civil society” and the United Nations’ member states to take four steps: comply with decisions of the International Court of Justice and International Criminal Court (which issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu last year), impose sanctions and arms embargoes on Israel, ensure humanitarian aid reaches Gaza and “refute false accusations of antisemitism.”
“We shall not rest until this ceasefire carries forward into an end of occupation and apartheid,” the letter continued. “We write in the hope that this initiative further emboldens a moment of renewed Jewish commitment to act with conscience and compassion. We vow to work urgently to achieve equality, justice, and freedom for Palestinians and Israelis.”
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The post Prominent Jewish figures call for sanctions on Israel: ‘The ceasefire must be the beginning, not the end.’ appeared first on Jewish Telegraphic Agency.
