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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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‘Reminds me of Anne Frank’: Jewish seniors and Holocaust survivors are offering to hide their Haitian caregivers
(JTA) — About 500 seniors live at Sinai Residences in Boca Raton, Florida, including many Holocaust survivors. Recently, some of them asked if they could hide the building’s Haitian staff in their apartments.
“That reminds me of Anne Frank,” Rachel Blumberg, president and CEO of the center, told the Jewish Telegraphic Agency. “There’s a kindred bond between our residents being Jewish and seeing the place that the Haitians have gone through.”
The seniors were aware of something that is only beginning to dawn on the rest of the country: that in addition to the aggressive immigration enforcement operations underway in Minnesota and elsewhere, the Trump administration has moved to cancel Temporary Protected Status for immigrants from a handful of countries once deemed too unsafe to return to.
Earlier this week, a judge paused the end of TPS for Venezuelans. But barring any 11th-hour changes, about 350,000 Haitians will lose their status on Tuesday — ending their right to live and work in the United States legally and putting them at risk of immediate detention and deportation.
The deadline has sent waves of panic through communities with many Haitian immigrants, including in Ohio — where the Trump team took aim at Haitians in 2024 — and in South Florida.
While the effects will be sharpest for the immigrants themselves, the end of TPS for Haitians is sure to have a ripple effect. At Sinai Residences, for example, 9% of staff members are Haitians with TPS, and they won’t be able to work after Tuesday. (In total, 69% of the center’s staff are foreign-born; caregiving industries are heavily dependent on immigrant workers.)
To make up for the expected losses, the center is redoubling its hiring efforts. Representatives from other Jewish senior living homes say they will need to turn to temp agencies, suggesting a growing inconsistency in senior care. Whatever happens, residents are likely to see their own costs go up as a worker shortage is exacerbated.
But the blows will be felt in other ways, too. Seniors in long-term care facilities develop deep bonds with their staff. Blumberg’s residents, she said, “can relate to not being wanted, to being kicked out and coming to America for salvage and freedom and safety and shelter. And they want to be able to protect the Haitians.”
Temporary protected status for Haitians and similar communities dates back to the Reagan administration. Because it was offered by executive action, it can be undone without congressional approval.
“Temporary means temporary,” Homeland Security Secretary Kristi Noem has said about the administration’s decision to end the status. Late Wednesday a federal judge ruled that Noem had exceeded her authority by ending the status, but additional court intervention would be needed before Wednesday to delay or deter the action.
With a rapidly aging American population, experts say, the country’s seniors will especially feel the effects of restricting immigrant laborers. The policy, to those who come face to face with the workers and those they serve every day, makes no sense.
“We have a workforce filled with people who weathered COVID in a nursing home. This is no small thing. And now you’re saying they don’t deserve to be in this country? I don’t think so,” one Jewish senior living director, who requested anonymity so as not to draw attention to the center and its workers, told JTA. “There will be no caregivers in this country if our isolationist policies are all enforced.”
Some argue that Jews, especially, should be attuned to these dynamics.
“The Jewish community employs these populations to care for the most vulnerable among us. And it creates major challenges,” said Reuben Rotman, president and CEO of the Network of Jewish Human Services Agencies. Many Jewish social services agencies also serve immigrants as clients, he noted: “This is part of our Jewish identity and ethos, to serve our full community with Jewish values and welcoming the stranger. So this is all connected.”
Rotman continued: “The Jewish community depends on these populations. And for them to feel so vulnerable that they’re afraid to go to work because they might get picked up and deported, or they might get picked up and sent to a Texas detention center, nobody should have to live with that fear.”
Ruth Katz, president and CEO of the Association for Jewish Aging Services, told JTA that senior living executives have no choice now but to familiarize themselves with the federal immigration system.
“They’re feeling the need to share as much information as possible, get as smart about immigration policy and immigration enforcement as they can,” Katz said. “Because they’re all worried about this.”
Back at Sinai, residents aren’t waiting for careful plans to be laid. Every worker soon to lose their status is receiving “$2,000 and a hug” from the center; many residents are contributing more out of their own pockets.
Residents mounted a letter-writing campaign to Washington (only Rep. Jared Moskowitz, the Florida Jewish Democrat, responded, Blumberg said). They are asking what more they can do.
Some Sinai residents will be attending a weekend protest against ICE being held at a local Home Depot, where ICE agents across the country have been seizing day laborers.
And, of course, there is the Anne Frank offer. Others — including, this week, the governor of Minnesota — have drawn criticism for invoking the Holocaust’s most famous victim in connection with Trump’s immigration policies. But given what awaits those who are deported, Blumberg said, the comparison makes sense.
“The Haitians cannot go back to Haiti. They’ll be murdered,” she said. “The gangs have taken over the country, and it is life-threatening for them. And our residents do recognize and realize that.”
The post ‘Reminds me of Anne Frank’: Jewish seniors and Holocaust survivors are offering to hide their Haitian caregivers appeared first on The Forward.
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With the last hostage released, is American Jewish unity over?
When the remains of the last Israeli hostage in Gaza returned to Israel this week, Scott Spindel, a lawyer in Encino, Calif., finally took off the thick steel dog tag he had put on after the Hamas attack of Oct. 7, 2023.
His friend Lauren Krieger, an orthopedic surgeon, did the same. And he pulled down the last of the names of the hostages remaining in Gaza that his wife, Jenn Roth Krieger, had placed in the window of their Santa Monica home.
During the nearly 28 months that Israeli hostages remained in captivity in Gaza, Krieger, 61, and Spindel, 55, consistently argued over Israel’s war in the strip.
“Lauren would say that we probably were a little too extreme,” Spindel, whose daughter serves in the IDF, told me in a telephone interview. “I don’t think we blew up enough buildings.”
But those differences paled beside their mutual concern over the fate of the hostages.
“Unfortunately,” said Spindel, “it took tragedy to pull us together.”
So it was across the American Jewish landscape. Then, the body of Staff Sergeant Ran Gvili, the 24-year-old Israeli police officer killed on Oct. 7 and taken by Hamas terrorists back into the enclave, was returned to Israel — the last of the hostages to come home.
Jews from across the political spectrum unpinned yellow ribbon buttons from their lapels, removed the hostage posters from their synagogues, and folded up and put away the blue-and-white flags displayed as a symbol of the missing Israelis.
The marches and vigils American Jews held on behalf of the hostages — small but meaningful echoes of the mass rallies that roiled Israel — came to a quiet halt.
Jewish unity is forged in adversity. Without it, we are apt to find enemies among ourselves. And as painful as the hostage saga was, it unified an otherwise fractious American Jewish community in a time of crisis.
Without that common concern, are even deeper rifts our future?
“As committed and connected as we were,” said Spindel, “it doesn’t change the fact that we also were still divided about solutions.”
A family in distress
Across the United States, synagogues of all religious and political bents regularly joined in the same Acheinu prayer for the release and return of the hostages.
“Our family, the whole house of Israel, who are in distress,” the prayer begins — a wholly accurate summation of the totality of Jewish concern.
Surveys showed that the hostages unified American Jews even when Israel’s Gaza campaign divided them. An October 2025 Washington Post poll found that a plurality of American Jews disapproved of Israel’s military actions in Gaza — but a whopping 79% said they were “very concerned” about the hostages.
There have been other moments in recent Jewish history when calamity created unity. The 1995 assassination of Prime Minister Yitzhak Rabin, for instance, brought together the vast majority of American Jews in mourning, even those who opposed his policies.
And, of course the brutal Oct. 7 attack, which claimed almost 1,200 lives, created a near-universal sense of shock and sorrow.
But the hostage crisis may have had an even deeper emotional — and perhaps political — impact.
“Even for people who were not affiliated Jewishly, those hostages struck a deep, deep chord,” Krieger told me. “It felt personal. I don’t think we’ve had that level of collective trauma in our lifetimes in that same way.”
And a family divided
The hostage crisis bonded American Jews to one another, and to their Israeli counterparts, at a time when enormous political rifts were opening within their communities.
In the U.S., as in Israel, there were sharp disagreements over Prime Minister Benjamin Netanyahu’s conduct of the war and whether he was even prioritizing the hostages’ safety.
And the encampments and protests against the war at college campuses — in which many Jewish students participated, and to which many others objected — created even deeper divisions over support for the Jewish state.
But if the hostage issue didn’t erase such differences, it muted them. Krieger and Spindel could frustrate each other in conversations about the conduct of the war, or American support for it. But in the end, they were both in that 79% that the Washington Post poll identified.
What will hold them — and the rest of us — together, now?
The hostage crisis provided something history unfortunately bestows upon Jews with regularity: an external enemy that transcended ideological differences. With it gone, American Jews return to what they’ve always been — a community bound by tradition, and riven by politics.
Krieger and Spindel have already resumed their arguments. But even though the dog tags are gone, they’re both still wearing Jewish stars on silver chains around their necks. When someone admires Krieger’s, he takes it off and gives it to them. He buys his metal stars in bulk on Amazon, and has given away dozens since Oct. 7.
“I want people to feel like I do,” he said, “like we’re a peoplehood worth cherishing.”
Worth cherishing — even though we can’t agree on much else.
The post With the last hostage released, is American Jewish unity over? appeared first on The Forward.
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Iran President Says Trump, Netanyahu, Europe Stirred Tensions in Protests
Amnesty International Greek activists and Iranians living in Athens hold candles and placards in front of the Greek Parliament to support the people of Iran, in Athens, Greece, January 30, 2026. Photo: REUTERS/Louisa Gouliamaki TPX IMAGES OF THE DAY
Iranian President Masoud Pezeshkian said on Saturday that US, Israeli and European leaders had exploited Iran’s economic problems, incited unrest and provided people with the means to “tear the nation apart” in recent protests.
The two-week long nationwide protests, which began in late December over an economic crisis marked by soaring inflation and rising living costs, have abated after a bloody crackdown by the clerical authorities that US-based rights group HRANA says has killed at least 6,563, including 6,170 protesters and 214 security forces.
Iranian Foreign Minister Abbas Araqchi told CNN Turk that 3,100, including 2,000 security forces, had been killed.
The US, Israeli and European leaders tried to “provoke, create division, and supplied resources, drawing some innocent people into this movement,” Pezeshkian said in a live state TV broadcast.
US President Donald Trump has repeatedly voiced support for the demonstrators, saying the US was prepared to take action if Iran continued to kill protesters. US officials said on Friday that Trump was reviewing his options but had not decided whether to strike Iran.
Israel’s Ynet news website said on Friday that a US Navy destroyer had docked at the Israeli port of Eilat.
Trump, Israeli Prime Minister Benjamin Netanyahu and Europeans “rode on our problems, provoked, and were seeking — and still seek — to fragment society,” said Pezeshkian.
“They brought them into the streets and wanted, as they said, to tear this country apart, to sow conflict and hatred among the people and create division,” Pezeshkian said.
“Everyone knows that the issue was not just a social protest,” he added.
Regional allies including Turkey, the United Arab Emirates, and Saudi Arabia have been engaging in diplomatic efforts to prevent a military confrontation between Washington and Tehran.
The US is demanding that Iran curb its missile program if the two nations are to instead resume talks, but Iran has rejected that demand.
Foreign Minister Araqchi said in Turkey on Tuesday that missiles would never be the subject of any negotiations.
In response to US threats of military action, Araqchi said Tehran was ready for either negotiations or warfare, and also ready to engage with regional countries to promote stability and peace.
“Regime change is a complete fantasy. Some have fallen for this illusion,” Araqchi told CNN Turk. “Our system is so deeply rooted and so firmly established that the comings and goings of individuals make no difference.”