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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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The Forward publishes exclusive interview with Columbia protest leader Mahmoud Khalil
New York — April 7, 2026 — Today, the Forward, the nation’s leading Jewish news organization, published an exclusive, in-depth interview with Mahmoud Khalil, the Columbia University protest leader whose arrest during last year’s campus demonstrations thrust him into the national spotlight.
In a candid and wide-ranging conversation with Arno Rosenfeld, an enterprise reporter and author of the Forward’s Antisemitism Decoded newsletter, Khalil critiqued Hamas and said it had come to power through collaboration with Israel, explained his “nuanced” view of Zionism and detailed his vision for a “free Palestine” that includes the Jewish citizens of Israel.
“I was glad to have the opportunity to drill down on specifics that have been widely speculated upon but not addressed in Khalil’s previous interviews,” said Rosenfeld. “He wanted to speak directly to a major Jewish audience.”
The interview offers rare insight into one of the most scrutinized figures to emerge from the campus protest movement, drawing on original reporting, Khalil’s past public statements, and interviews with current and former Columbia students.
The post The Forward publishes exclusive interview with Columbia protest leader Mahmoud Khalil appeared first on The Forward.
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US Hits Military Targets on Iran’s Kharg Island, Vance Says No Change to Strategy
US Vice President JD Vance delivers remarks at the Wilshire Federal Building in Los Angeles, California, US, June 20, 2025. Phone: REUTERS/Daniel Cole
US strikes on Iran’s Kharg Island do not represent a change in American strategy, US Vice President JD Vance said on Tuesday as a US official separately told Reuters the additional strikes on military targets did not impact oil infrastructure.
The official, who spoke to Reuters on condition of anonymity, described at least some of the strikes as targeting sites that had been previously struck before and said the attack occurred in the early morning hours of Tuesday.
Vance, speaking separately in Budapest, said the strikes were not a change in US strategy, with the Trump administration confident that it can get a response from Iran by 8 pm (0001 Wednesday GMT) in negotiations to end the conflict. US President Donald Trump is demanding Iran forswear nuclear weapons and reopen the Strait of Hormuz, a critical oil transit waterway.
“We were going to strike some military targets on Kharg Island, and I believe we have done so,” Vance said.
“We’re not going to strike energy and infrastructure targets until the Iranians either make a proposal that we can get behind or don’t make a proposal,” he added. “I don’t think the news in Kharg Island … represents a change in strategy, or represents any change from the President of the United States.”
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French Nationals Leave Iran After Three and a Half Years Amid Softer France Tone on War
A woman walks past posters with the portraits of Cecile Kohler and Jacques Paris, two French citizens held in Iran, on the day of support rallies to mark their three-year detention and to demand their release, in front of the National Assembly in Paris, France, May 7, 2025. The slogan reads “Freedom for Cecile Kohler and Jacques Paris.” Photo: REUTERS/Abdul Saboor
Two French nationals were heading home on Tuesday after Iran allowed them to leave the country following three and a half years in detention, a surprise move that came as Paris sought to distance itself from the war in the region.
Cecile Kohler and Jacques Paris had been confined to France‘s embassy in Tehran since November, after being held since 2022 in the notorious Evin prison on spying charges that France has said were unfounded.
“This is a relief for all of us and obviously for their families,” President Emmanuel Macron said in a post on X. “Thank you to the Omani authorities for their mediation efforts.”
Neither the French presidency nor the foreign ministry responded to requests for comment on what had been agreed between the two sides to ensure their release.
Iran‘s official news agency IRNA said the couple were freed following an understanding under which France would in turn release Mahdieh Esfandiari, an Iranian student living in the French city of Lyon, and withdraw a complaint against Iran at the International Court of Justice.
However, both assertions were unclear. Esfandiari, who was convicted at the end of February for glorifying terrorism in social media posts, was released after serving almost a year in prison but has appealed the conviction.
It was not clear whether she had left the country, as ordered by the February ruling. France dropped the ICJ complaint last September.
Iran‘s Foreign Minister Abbas Araqchi spoke with his French counterpart Jean-Noel Barrot on Sunday, confirming the pair’s imminent release.
Macron has criticized US President Donald Trump’s approach to the US-Israeli war on Iran and said France would only help restore freedom of navigation to the Strait of Hormuz once there is a ceasefire and after consultations with Tehran.
France last week refused Israel permission to transfer weapons through French airspace for the war and has led efforts to water down a draft UN Security Council resolution that could have opened the door to forceful action in the strait.
A French official briefing reporters after the release denied that France had a softer position towards Iran and said Paris had warned the Iranians about the safety of their citizens given the escalation in the war.
“I think the Iranians rightly considered that if anything happened to our compatriots, the reactions here would have been extremely catastrophic,” the official said, declining to comment on the details of the negotiation.
French officials have also refused to comment on why a container ship belonging to French shipping group CMA CGM was able to pass through the Strait of Hormuz, a sign that Iran may not consider France to be a hostile nation.
