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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Mamdani’s Wife Liked Posts Celebrating October 7. Why Didn’t the Media Ask Harder Questions?

Zohran Mamdani is sworn in as mayor of New York City at Old City Hall Station, New York, US, Jan. 1, 2026. Photo: Amir Hamja/Pool via REUTERS

report by Jewish Insider has sparked political controversy in New York after revealing that Rama Duwaji, the wife of New York City Mayor Zohran Mamdani, liked several Instagram posts in the hours and days following Hamas’ October 7, 2023 massacre in Israel.

The reaction from the mayor and the muted response from parts of the media have raised questions about standards of scrutiny in news coverage.

Jewish Insider exposed that Duwaji liked posts on Instagram that celebrated the Hamas assault and framed it as “resistance.” One post showed individuals standing on what appeared to be a captured Israeli military vehicle with the caption “resisting apartheid since 1948.” Another featured an image of a bulldozer breaching the Gaza-Israel border fence with the caption “breaking the walls of apartheid and military occupation, October 7, 2023.”

The report also stated that Duwaji liked posts calling on supporters to back “Palestinian resistance” and attend a New York protest the day after the attack. Another post she engaged with contained the slogan “from the river to the sea, Palestine will be free.”

In response to the revelations, Mamdani did not directly address the substance of the posts. Nor did he condemn them or his wife’s conduct. Instead, he said that his wife is a private person who holds no official role in his administration or campaign.

The episode quickly gained traction on social media and in political circles. Commentators and journalists like The Free Press’ Olivia Reingold highlighted the posts and a far wider pattern of radical anti-Israel posts, suggesting that public figures should face scrutiny over the views and public activity of those close to them.

At the same time, the story has also sparked debate about media coverage and standards.

Observers noted that some major outlets that have previously examined the social media activity of pro-Israel officials or figures connected to Israel have not shown the same level of investigative attention to the Mamdani story.

A widely shared post by opinion writer Joel M. Petlin pointed out that The New York Times had previously reported critically on the pro-Israel social media activity of an official’s wife, but had not pursued comparable scrutiny in this case.

The New York Times has also whitewashed the contents of the posts liked by Mamdani’s wife, by labeling them as “support for the Palestinian cause.” In reality, these posts called for and celebrated the murder of Jews.

The contrast has fueled accusations of a double standard in how politically sensitive issues related to Israel and Hamas are covered. When individuals connected to Israeli institutions express controversial views, major outlets often pursue the story aggressively. Yet when the controversy involves content appearing to praise Hamas’ October 7 attack, the same level of follow-up reporting can be harder to find.

As the story continues to circulate online, the key issues remain straightforward. When a public figure’s close family member publicly engages with posts celebrating a terrorist attack, it warrants deeper scrutiny. And that scrutiny should apply evenly across the political spectrum.

Meanwhile, Mamdani’s wife’s voice has not been heard. She did not apologize, and no media outlet questioned her silence.

As the political fallout in New York continues, the global media should be asking harder questions.

The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.

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In Israel’s missile war, some families run to shelters. Others have nowhere to go.

(JTA) — JERUSALEM — Walking with her children in Pisgat Zeev, a leafy neighborhood in Jerusalem, on Monday afternoon, Rivka recalled the missile that flew nearby the day before.

An impact could be felt as the family hunkered in their private “mamad” or safe room, required in all new homes in the Jewish neighborhood. Those who live in older homes or were far from their residence found their nearest public shelter.

When her children started to cry, Rivka said, she reassured them that the walls of the shelter are strong enough to withstand anything Iran could send toward Israel. “We feel safe in our shelters,” she said.

Just a few miles south, in the east Jerusalem neighborhood of Sheikh Jarrah, father of three Abed Abu Sharif recalled how he was driving his taxi on Sunday when he heard the unmistakable sound of an air raid alert.

Israeli authorities advise anyone driving when a warning siren sounds to exit their vehicle and look for the nearest public shelter. Abu Sharif knew he would not find one.

“Where am I to go? What am I to do? There is no shelter for me near here,” he said. “I continue driving because I have to provide for my family.”

The disparate experiences point to longstanding gaps in shelter access that are being thrown into stark relief once again by war.

The access gaps exist both geographically — with residents of the country’s dense center more protected — and between Jewish and Arab Israelis.

A Knesset hearing on Monday took aim at the significant number of Israelis who do not have ready access to shelters near their home, with lawmakers expressing frustration over the lack of support for shelter construction despite the constant threat of war since Oct. 7, 2023.

“In my view, this situation is abandonment of human life. Nothing less,” Oded Forer of the Yisrael Beiteinu party said during the hearing. “And it is happening right now, as people try to run to safe rooms, but they don’t have them.”

The hearing only briefly discussed disparities between Jewish and Arab Israeli communities in shelter access, citing statistics from the Israel Defense Forces’ Home Front Command. The statistics — revealed publicly last week — show that only 37 of 11,775 public shelters in Israel, or roughly 0.3%,  are located in Arab municipalities, even though Arabs make up about 15% of Israel’s population.

That information dates to January 2025, before last year’s war with Iran. While both the Home Front Command and Israel’s comptroller told the Jewish Telegraphic Agency that a newer accounting was not available, Ori Narov, who leads the legal department of the Israel Religious Action Center, said he had received government data showing that roughly a third of the 1,500 shelters installed last year in Israel’s north went to Arab municipalities — a development that he cited as a rare sign of progress in Jewish-Arab equity.

Still, there is only one public bomb shelter in east Jerusalem, according to Bimkom-Planners for Planning Rights, a group advocating for equitable built environments in Israel.

“This is an issue of equity,” said Bimkom’s Dafna Saporta. “We’re talking about the Arab population. They don’t have equality, and they don’t have justice in Israel. The state is taking care of the Jewish population but neglecting the Arabs. It’s not new. It’s a political decision.”

National civil defense standards are set by the Home Front Command, while planning approval rests with local planning authorities, and cities are typically responsible for maintaining public shelters.

“As per the Civil Defense Law, public shelter construction is the responsibility of local authorities, whereas personal protection is an individual responsibility,” Home Front Command said in a statement responding to a request for comment on disparities in shelter access between Arab and Jewish communities in Israel.

It added, “The Home Front Command also takes measures to provide individual protection and to renovate public shelters, based on guidance from the political echelon and government decisions.”

Oct. 7, the subsequent conflict with Hezbollah and last year’s 12-day war with Iran drew stark attention to disparities that had deepened over time. A missile landed in Rahat, an Arab city in the south, killing multiple residents, and another strike in Tamra, in the north, killed several members of the same family.

Some efforts are underway to close the gap. A government initiative called Northern Shield worked to install shelters last year in homes and schools within a buffer zone of the Lebanese border, where rockets from Hezbollah are again flying now.

Nonprofit groups have also stepped into the gap. The International Fellowship of Christians and Jews, meanwhile, says it has worked with the government to install 700 shelters since Oct. 7, including several this week and some in a Druze village and in Haifa, a mixed city with large populations of both Jews and Arabs.

And the Israeli organization Standing Together, which advocates coexistence between Arabs and Jewish Israelis, has launched a campaign to crowdfund shelters for vulnerable Arab communities in the Negev.

But advocates say the efforts are far outmatched by the need. “While these initiatives are well-intentioned and deeply appreciated, the scale of the need in the unrecognized villages far exceeds the capacity of civil society,” Huda Abu Obaid, CEO of the Negev Coexistence Forum, said about the crowdfunding campaigns.

The Negev Coexistence Forum joined a lawsuit filed by the Reform movement-affiliated IRAC at the Supreme Court of Israel in 2024, alleging that Israel’s failure to build public shelters in Arab communities was a violation of their civil rights.

The government’s defense rested on high rates of illegal construction in Arab municipalities, which, in their view, absolved them of responsibility to ensure that mamads are installed in new homes. (Retrofitting mamads into older buildings is difficult and costly and not within the budget of any municipality, Arab or Jewish.)

The court sided with the government, ruling that the responsibility for building protective spaces rests with private homeowners and that the state is not obligated to build public shelters.

For Narov, the situation in the Negev is particularly galling because the extant planning process does not account for many Bedouin Arabs living there.

“They are not municipalities recognized by the government, so they can’t even build the shelters if they wanted to,” Narov said. He added, “This is the first responsibility of any state to its citizens: security to keep them safe from attacks, from the inside and definitely from the outside, as we’re experiencing right now.”

“If the law requires a protected room in every new building, but thousands of citizens are prevented from building legally or live in areas excluded from state planning frameworks, then the legal standard itself produces inequality,” Abu Obaid said. “Protection should not depend on municipal status, planning recognition or economic ability. It should be universal.”

The mandate that all new construction include a safe room in each unit or a basement shelter, first enacted in the 1990s, shifted Israel’s safeguards away from public shelters. That includes in east Jerusalem, which is administered by the the city of Jerusalem Municipality and hence the Israeli government, where no additional public shelters have been built in the last decade.

On March 2, an Iranian missile landed at the entrance to Ramat Shlomo, just a few kilometers from the neighborhood, injuring six Israelis.

Fatme, a doctor at a hospital in Jerusalem who was riding bus 218 toward the Qalandia checkpoint at the end of her workday on Monday, passed the crater on her way home. Still, she said, the debate was of little practical significance to her.

“There isn’t a single shelter in my neighborhood,” she said. “So when I hear the bombs, I just go on with my day.”

The post In Israel’s missile war, some families run to shelters. Others have nowhere to go. appeared first on The Forward.

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Trump says Iran war is ‘very complete, pretty much’ as US and Israel continue to pound Tehran

(JTA) — President Donald Trump gave mixed signals about the status of the U.S.-Israeli war on Iran on Monday, telling reporters that the war was “very complete, pretty much” even as he said that he would make a “mutual” decision with Israeli Prime Minister Benjamin Netanyahu about its end.

At the same time, he threatened Iran in a post on Truth Social, saying, “If Iran does anything that stops the flow of Oil within the Strait of Hormuz, they will be hit by the United States of America TWENTY TIMES HARDER than they have been hit thus far.”

Secretary of Defense Pete Hegseth said Tuesday would be “the most intense day” of strikes yet – while also noting that the pace of Iran’s missiles had slowed.

Three people have died from missile strikes in the last two days in Israel, as well as two Israeli soldiers killed when their tank was attacked while they fought Hezbollah forces in southern Lebanon. One of the soldiers killed was from Majdal Shams, a Druze town in Israel’s north where 12 children were killed by a Hezbollah rocket in 2024.

Trump’s comments come as oil prices surge amid disruption in the Middle East that has turned several U.S. allies in the region into Iranian targets. A leading pro-Israel senator has urged Israel to refrain from targeting Iranian oil depots, reflecting anxiety over sharply rising gas prices.

Trump told the Times of Israel that while Netanyahu would have input in the timing to end the war, he would make the final decision. He also declined to entertain the idea of Israel continuing to fight Iran after the United States exits, saying, “I don’t think it’s going to be necessary.”

Iranian officials, meanwhile, have vowed to continue fighting “as long as it takes” and are prepared for a long war.

And Netanyahu said on Tuesday morning that “more is to come” in the war.

The comments come as U.S. and Israeli forces continue to bomb targets in Iran in an attempt to end the country’s military ambitions, destroy its missile arsenal and potentially topple its Islamic Republic regime.

This week, the regime appointed Mojtaba Khamenei, the hard-line son of the assassinated supreme leader Ayatollah Ali Khamenei, as its new supreme leader in a show of defiance. Trump has said he is “not happy” with the choice and would like to see someone else installed.

The post Trump says Iran war is ‘very complete, pretty much’ as US and Israel continue to pound Tehran appeared first on The Forward.

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