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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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Netanyahu heckled at Israel’s official Memorial Day ceremony as bereaved families grasp for comfort
(JTA) — TEL MOND, Israel — Thousands of Israelis gathered in cemeteries all over Israel to commemorate the nation’s fallen soldiers and terror victims on Memorial Day, as public mourning collided with political anger, fresh wartime uncertainty and the private aftershocks consuming bereaved families.
In a Memorial Day message to bereaved families, Prime Minister Benjamin Netanyahu also addressed the war against Iran and its Lebanese proxy Hezbollah, saying Israel has “already removed an existential threat.”
A short while later, President Donald Trump told CNBC’s Joe Kernan that he “expects to be bombing” Iran again if talks collapse ahead of Wednesday’s ceasefire deadline.
“We have returned all our hostages, struck our enemies hard, and made Israel a nation stronger than ever before,” Netanyahu said at an official Memorial Day ceremony at Mount Herzl in Jerusalem.
His comments prompted a heckler in the crowd to yell out, “Some of them died in tunnels,” in reference to the Israelis kidnapped to Gaza by the Hamas terror group and held underground.
Skirmishes broke out during a speech by MK Ofir Sofer, of the far-right Religious Zionist party at the Kiryat Shaul military cemetery in Tel Aviv, when attendees attempted to snatch signs held up by protesters that read “Government of death” and “I refuse to hear words of comfort from a government of criminals.”
At a cemetery in Tel Mond, Eyal Golan, whose sister Shirel died by suicide on her 22nd birthday, a year after surviving the Nova massacre near the Gaza border, also had harsh words for the government.
Reflecting on Knesset debates he attended after his sister’s death, as he pushed for a law in her name to provide unlimited, comprehensive mental health care to victims of terror, Golan said he was furious at what he described as the performative behavior of politicians from both the coalition and opposition.
“Off camera, they speak to each other normally,” he said. “But the moment the cameras turn on, it’s showtime. They fall into their roles, shouting and attacking each other. I’m sitting there thinking, how can this be real?”
“Instead of coming together, they just deepen the divide,” he said, but he credited two Knesset members from opposite sides of the political aisle — Moshe Gafni of United Torah Judaism and Merav Michaeli of Labor — with taking up the cause and advancing the legislation.
Eyal and other members of his family say the government failed Shirel as she grappled with acute PTSD in the months after the attack. Now advancing the bill, he said he hopes it will spare other families the same fate.
“The whole point of my crusade is to save others. No one will be able to bring back my sister. If I’m able to save one more soul, I’ve done my job,” he said.
The legislation, known informally as the Shirel Golan law, passed a preliminary reading in January 2026.
Sitting close to his daughter’s grave, covered in flowers, wreaths and candles, Eyal’s father Meir said he has fallen into a strange nightly ritual. Every night, he wakes up at 3 a.m. and makes himself a cup of coffee. He opens the smart TV to her YouTube account and for an hour or so watches the videos she had liked and subscribed to, including trance music emblematic of the Nova scene. At 4 a.m., he returns to bed.
“As soon as I turn it on, it says, ‘Hello Shirel, welcome back,’” Meir said, adding that it gives him a measure of tranquility, as if his daughter “is still around.”
Later, as Eyal made the 45-minute drive back to his home in the central Israeli city of Holon, he described the journey as the emotional hinge between mourning and the return to ordinary life.
“It’s a kind of magic hour during which I store the grief of the day in a box in my mind,” he said. “By Independence Day, I’ll go back to my main role, being a father to two daughters.”
He added, “That journey is a microcosm of Israeli society.”
Meir’s late-night visits to his daughter’s digital world are part of a wider private language of mourning that has taken hold among bereaved Israeli families, many of whom continue to reach for their dead through screens. On phones across the country, especially on the popular messaging platform WhatsApp, parents and siblings keep sending messages to loved ones who were killed, writing as if the conversation never ended. The messages, some of which were recorded in a special Memorial Day project by the Ynet news site, come at unguarded moments, during a football game, before a birthday, or in the middle of the night.
“What a goal, Yahav,” one father, Nir Maayan, wrote to his son, Yahav, who was killed in Gaza in January of last year.
Texting his son from his graveside, Nir wrote: “There are days of collapse, of longing, of not being able to accept reality. Moments when I try to imagine your final moments. What did you think? What did you feel? Answers I will never know. So I just rest my head on you, and somehow you comfort me and hold me. Someone is watching over me from above.”
“Tomorrow is your birthday, send mom a message,” a sister wrote to her deceased brother.
“The sky is beautiful today,” another wrote.
Dorit Ron keeps on texting her son Itai, who was killed on Oct. 7 at the Nahal Oz base near the Gaza border. “I expect an answer, a sign that he’s okay and with his father,” she said, according to the report. “Even though I know he won’t reply, to me he’s alive, just nearby, in another dimension.”
The post Netanyahu heckled at Israel’s official Memorial Day ceremony as bereaved families grasp for comfort appeared first on The Forward.
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Israel jails soldiers who smashed Jesus statue in Lebanon, installs a new one
(JTA) — An Israeli soldier who bludgeoned a statue of Jesus in southern Lebanon and another soldier who photographed the act have both been dismissed from combat duty and sentenced to 30 days in military detention, the Israeli military said on Monday.
“The IDF expresses deep regret over the incident and emphasizes that its operations in Lebanon are directed solely against the Hezbollah terrorist organization and other terrorist groups, and not against Lebanese civilians,” the IDF said in a statement.
The military also announced it had replaced the damaged statue with a new one “in full coordination with the local community of Debel in southern Lebanon.” The town is a Christian enclave within a region that is a Hezbollah stronghold.
A short while ago, in full coordination with the local community of Debel in southern Lebanon, the damaged statue was replaced by IDF troops. The Northern Command worked to coordinate the replacement of the statue from the moment it received the report of the incident.
The IDF… pic.twitter.com/nGh1s1iia1
— Israel Defense Forces (@IDF) April 21, 2026
Photos of the incident, which depicted the soldier striking an overturned Jesus statue, were quickly condemned by Israeli Prime Minister Benjamin Netanyahu and the IDF as they spread on Sunday.
By Monday, a letter condemning the act had drawn over 80 signatures by prominent Jewish leaders, including former Israeli cabinet minister Michael Melchior; American antisemitism activist Shabbos Kestenbaum; and Orthodox rabbis in Israel and the United States.
“This act is a chillul Hashem — a desecration of God’s name,” the letter said. “It is an affront to the ancient Christian communities of the Middle East and to Christians all over the world. It is a vile betrayal of the Jewish values upon which the State of Israel was founded. And it is a wound inflicted upon the fragile Jewish-Christian friendship that is more important than ever.”
The announcement of the punishment comes as the IDF said it was probing an incident in the West Bank in which a reservist soldier reportedly killed two Palestinians, aged 14 and 32.
The post Israel jails soldiers who smashed Jesus statue in Lebanon, installs a new one appeared first on The Forward.
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Confronting Wexner-Epstein ties, alumni of Jewish leadership programs launch new survivor fund
(JTA) — Graduates of the Jewish leadership programs funded by Leslie Wexner have long grappled with the Jewish philanthropist’s ties to the late convicted sex offender Jeffrey Epstein.
At least two rabbis have already donated to organizations supporting victims of sexual violence to make amends for benefitting from Wexner’s largesse. Now, a new Jewish fund devoted to the issue has launched — and raised more than $30,000 in its first day.
The announcement of the ASHRU Fund comes as the ongoing release of documents from a federal investigation into Epstein has renewed scrutiny on Wexner, one of his earliest and most significant benefactors, and others with ties to the disgraced financier. Wexner has not been charged with any crime in connection with Epstein’s sex-trafficking offenses and has repeatedly denied knowledge of Epstein’s criminal conduct.
The fund’s name is drawn from a teaching from the prophet Isaiah and stands for Advocacy for Survivors, for Healing, Repair and Understanding. Its architects say whether Wexner actively endorsed Epstein’s behavior is immaterial.
“Regardless of what you believe was done or known, those who were harmed by sexual trafficking and violence need to know that Jewish leaders care about them,” a description on the fund’s website reads. “This fund represents what we believe Jewish leaders must do in a time of crisis — even when the topic may be uncomfortable and hits close to home.”
The fund was founded by Josh Feigelson, the CEO of the Institute for Jewish Spirituality; Guila Benchimol, a gender-based violence advocate; Rachel Faulkner, the senior director of program and event engagement for the National Council of Jewish Women; Rebecca Kobrin, an associate professor of American Jewish history at Columbia University; Rabbi Jon Spira-Savett, the leader of Temple Beth Abraham in Nashua, New Hampshire; Michael Rosenzweig; and Rabbi Danya Ruttenberg.
Ruttenberg was one of the two rabbis who already publicly announced a donation to make amends for her own indirect Epstein ties. In 2022, she said she donated more than she had received from the Wexner Foundation to the National Survivor Network, an advocacy organization led by survivors of sex trafficking. (The other rabbi, Raysh Weiss, said in 2019 that she would direct her charitable giving toward organizations supporting survivors of sexual abuse.)
“For decades, one prestigious site of training for Jewish leaders was … the Wexner Foundation,” Ruttenberg wrote in a post on Facebook announcing the new fund. “In the years since Julie K. Brown’s reporting* + especially since the Files, many who benefited from it have struggled with What To Do. Many in our broader community have also looked for a way to engage with all of these horrors in productive way. Meet AshruFund.com.”
On its website, the ASHRU fund pledged to donate the first $100,000 raised to World Without Exploitation, a human trafficking advocacy network, and the National Survivor Network. After that, it said, it would listen to survivors about what they need before deciding where to give.
“By donating, we can collectively affirm our opposition to sexual exploitation and abuse, and demonstrate our Jewish commitment to responding with accountability, care, and justice,” the website reads. “Funds raised will be directed to provide the most direct support possible to survivors of sexual exploitation and trafficking through the organizations that serve them.”
Roughly 3,000 people have participated in various programs offered by the Wexner Foundation, based in Wexner’s hometown near Columbus, Ohio. They include rabbis, nonprofit executives and communal leaders across the United States and Israel. The ASHRU Fund’s creators hope many of them will donate — and they’re happy if the giving comes from an even wider network.
“If, like me, you’re a Wexner alum, or if you’re simply someone who wants to help the victims of Jeffrey Epstein specifically and sexual violence in general, I hope you’ll contribute what you can,” Feigelson wrote in a post on Facebook.
The post Confronting Wexner-Epstein ties, alumni of Jewish leadership programs launch new survivor fund appeared first on The Forward.