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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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Netanyahu and Lapid vie for a critical title: Who is Israel’s most adept U.S. whisperer?

(JTA) — WASHINGTON – Benjamin Netanyahu, the Israeli prime minister, and Yair Lapid, the leader of his opposition, are in Washington, ostensibly to attend the funeral of one of the staunchest pro-Israel American politicians, Lindsey Graham.

They are also, as Lapid made clear in an appearance Monday at the influential Atlantic Council think tank, launching a bruising election campaign and are intensely seeking the favor of a constituent who does not vote in Israel on Oct. 27: President Donald Trump.

Or more broadly, the favor of Americans.

Israeli-born Netanyahu, who was raised in Philadelphia, has made a career of defining himself as his country’s best, even inevitable, envoy to its most important ally. He met with Trump on Tuesday. Lapid in his speech sought to portray Netanyahu’s public diplomacy – the defining characteristic of his political career – as busted and harmful.

“The first step is obvious” to restoring Israel’s reputation, Lapid said. “Send into retirement Benjamin Netanyahu and his group of extremists who are tearing us apart at home and abroad.”

Lapid, who speaks in fluent but accented English, says he wants to be the foreign minister in the next government, one led by Naftali Bennett, a security hawk, as prime minister. He, too, claims an intimacy with the American psyche, evident in an essay he just published in The Atlantic about the cross-country road trips he takes every several years.

Netanyahu is on a mission to secure support for continuing and winning the war he and Trump launched against Iran. In remarks in Hebrew he recorded just prior to leaving Israel on Monday, he leaned into his friendship with Trump.

“I am on my way to Washington to a meeting with our friend the president of the United States, Donald Trump,” he said, standing with his wife, Sara, outside the airplane. “This is my eighth meeting with him since he was elected for his second term, more than any other world leader. It is a great privilege, and also a great responsibility.”

Both Lapid and Netanyahu claimed a closeness to Graham, the South Carolina Republican senator who helped Netanyahu cajole Trump into the war with Iran. Graham, Netanyahu said, was “a true friend of mine and the state of Israel.” Lapid inserted Graham into his argument that the long term goal for Israel and the United States should be the collapse of the Iranian regime. “The last conversation I had with the late Lindsey Graham was about this,” he said Monday.

Lapid at the outset of his remarks sought to erode Netanyahu’s reputation as an America whisperer, saying the coming election would “be the most dramatic, the most crucial, the most intense the country has ever seen.”

“Here is the not to-do list for the Israeli government if you don’t want to witness the complete collapse of the country’s international status.”

Lapid accused Netanyahu of isolating Israel by caving to extremists in his government and alienating allies. Instead, he laid out a formula for how the next prime minister  would govern.

“If a minister in your government says a nuclear bomb should be dropped on Gaza, fire him. If a minister in your government says there are circumstances in which it is acceptable to starve the civilian population, fire him. If a minister stands over a large group of handcuffed activists lying on the floor of a detention facility, waving a flag and mocking them, fire him,” Lapid said.

He was referring, respectively, to controversial statements and actions by Heritage Minister Amichai Eliyahu, Finance Minister Betzalel Smotrich and National Security Minister Itamar Ben-Gvir, some of which have been used to fuel the claim that Israel is committing genocide against Palestinians in the war Hamas launched on Oct. 7, 2023 with deadly raids inside Israel.

Netanyahu’s mission comes at a perilous juncture in the U.S.-Israel relationship, and his own reputation. Trump’s approval ratings are at a low as the war appears to have generated victories for Iran, which now controls the Strait of Hormuz, the waterway critical to the passage of a fifth of the world’s petroleum. Inflation has skyrocketed, US allies are furious, and Americans in large majorities oppose the war, just as Trump is facing his own electoral test less than 100 days before the midterm elections.

Netanyahu is unpopular in the United States, and for the first time, Americans are more likely to favor Palestinians than Israelis. An Economist poll published Tuesday showed half of Americans supported Netanyahu’s arrest. Trump wants Israel to stay out of the war, crippling Israel’s ability to influence the outcome of the conflict that continues to loom on its border with Lebanon, where Hezbollah, Iran’s proxy, hopes to regain its strength.

Lapid’s audience here is mostly left of center: His host at the event was Daniel Shapiro, the Obama administration’s ambassador to Israel. A spokesman for Lapid said that other than his attendance at Graham’s funeral, his only public appearance on his trip to the United States this week would be with a group of Democratic senators.

The Atlantic Council is bipartisan, but its Republican component is made up mostly of the old-school believers in alliances that Trump has all but ousted from the party. Seated in the front row was Stephen Hadley, the national security advisor to former President George W. Bush, who is a board member of the Atlantic Council.

Lapid said reconciling with Democrats would be a priority in the next government, should his dream team emerge victorious: Bennett as prime minister, Lapid as foreign minister and Gadi Eisenkot as defense minister. Eisenkot, who has in recent polls surpassed Bennet and Netanyahu, obviously might have different ideas about who gets which job.

“Elizabeth Warren, John Ossoff and Tim Kaine are not the enemy,” he said, referring to Democratic senators from Massachusetts, Georgia and Virginia who have been critical of Israel’s conduct of the Gaza war, and who have voted to suspend defense assistance to Israel. “The Democratic Party is not the enemy.“

Bennett and then Lapid were rotating prime ministers during the last government’s eighteen months of tenure in 2021 and 2022, interrupting Netanyahu’s 12 year run launched in 2009. Netanyahu by then was already persona non grata among Democrats for his all-out campaign against President Barack Obama’s Iran policies.

Lapid, like others running against Netanyahu, appeared cowed by Netanyahu’s attempts to tar their past association with Mansour Abbas, the leader of the United Arab List. Bennet and Lapid made history by including the party in the governing coalition. That would not happen again, Lapid said, although garnering enough seats to govern is more daunting without the inclusion of Arab parties.

“I have a lot of conversations about this with Mansour Abbas, who seems to understand this better than some of my Jewish friends, the fact that maybe it’s time for a coalition that will be made of only of Zionist parties,” he said.

Lapid’s greater affinity to Democrats notwithstanding, he took shots at Netanyahu’s relationship with Trump – arguing that he was the better friend to the president’s Middle East agenda. He noted that last year he brought Trump’s 20-point plan for bringing peace to Gaza to a Knesset vote – and that Netanyahu and his coalition partners absented themselves from the Knesset rather than vote for it.

“I passed the 20-point plan, I did it just to bend Netanyahu’s arm into it,” he said. Netanyahu could not afford to back the plan because its provisions anticipating Palestinian self-governance might have cost him his right-wing coalition partners. ”So I got all the compliments from the American administration,” Lapid said. “It was fun.”

The post Netanyahu and Lapid vie for a critical title: Who is Israel’s most adept U.S. whisperer? appeared first on The Forward.

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2 Jewish-owned Toronto bagel shops hit with gunfire, vandalism

(JTA) — Locals lined up outside a Toronto bagel shop on Monday in a show of support after attacks on two outposts of the Jewish-owned chain, adding to a string of incidents facing Jewish businesses in the city.

Two locations of Kiva’s Bagel Bar, a fixture for Toronto Jews since it opened in 1979, were targeted late Saturday and early Sunday. Gunfire hit the windows of one storefront just an hour after another storefront was vandalized and its front glass shattered, according to the Toronto Police Service.

Police said their Hate Crime Unit was investigating, and they believed the same SUV may have been involved at both scenes. The bakeries were closed at the time and no injuries were reported.

Canadian Prime Minister Mark Carney said he was “appalled” by the attacks. “Jewish Canadians should be able to live, work, and worship free from fear, intimidation, and hate,” he said on X on Monday. “Canada’s government is absolute in our commitment to combatting the scourge of antisemitism.”

Toronto Mayor Olivia Chow added on X that the incidents were “vile and unacceptable” and said she “will always stand with Toronto’s Jewish community against antisemitism.”

Residents flocked to Kiva’s and sold out their bagels by 10:30 a.m. on Monday, according to the Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada. Resident Adrian Rocca, the founder of a local real estate company, posted a photo on LinkedIn of his employees lined up outside.

CIJA said the Canadians rallying around Kiva’s sent a message that “there are a lot of good people ready to take a stand against hate, intimidation, and violence.” The Jewish Telegraphic Agency reached out to Kiva’s for comment.

As police searched for suspects in the bagel shop attacks, a gunman opened fire on the U.S. Consulate in Toronto early Monday morning, setting off a high-speed chase and a manhunt. Police have not confirmed any connection between the gunfire at the consulate and at Kiva’s.

The shooting at the consulate marked the second in four months. Toronto police have arrested three people connected with the previous consulate attack, as well as several others accused of shooting at Jewish targets in the city in recent months. At a press conference last month, Police Chief Myron Demkiw identified a “broader pattern” between the shots fired at the consulate and at Toronto-area synagogues and Jewish schools over the past year.

“What we are dealing with in this case and in other unrelated incidences, including shootings at synagogues and Jewish schools, is a recurring and similar modus operandi — and that is criminals for hire,” said Demkiw. “Through encrypted messaging apps, young people are hired to carry out attacks against various targets, and in order to get paid, they’re required to film their attacks.”

Carney pledged in June to fight antisemitism through a new Ministerial Advisory Council on Rights, Equality, and Inclusion. In his speech at Toronto’s Holy Blossom Synagogue, he said that the country was “failing Jewish Canadians.” Two-thirds of Canada’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, Carney said.

The post 2 Jewish-owned Toronto bagel shops hit with gunfire, vandalism appeared first on The Forward.

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Jewish authors object to scheduling of a Chicago literary festival on Rosh Hashanah

Jewish writers say they are dismayed to learn that one of the nation’s largest free outdoor literary festivals is scheduled to take place during the two days of Rosh Hashanah, September 12 and 13.

Printers Row Lit Fest, an outdoor book festival that draws thousands of authors and book lovers to the streets of Chicago’s South Loop, announced the festival’s dates in April. But only recently, amid rising concerns about antisemitism in the publishing world, did some Jewish authors realize the schedule conflict. This year’s Rosh Hashanah begins at sundown on Friday, Sept. 11 and ends at sundown on Sunday, Sept. 13.

Brian Berg, a spokesman for Printers Row, said that scheduling difficulties caused the overlap with Rosh Hashanah.

“As someone who is Jewish and involved with the festival, I wish there had been an option that avoided a conflict with the High Holy Days,”  Berg told the Forward. “After weighing alternatives, the weekend that was picked was really the most practical balance of financial, operational and scheduling realities.”

Chicago-based Jewish novelist Lisa Barr, who participated in a Printers Row panel last year about “Holocaust Literature in the 21st Century,” said she likely will miss at least one day of the festival this year to attend worship services and host family for the Jewish New Year.

Barr said the scheduling forces an unnecessary choice between honoring an important religious and cultural tradition and participating in one of Chicago’s signature literary events.

“Scheduling a major literary festival on such a sacred holiday sends a deeply painful message—whether intentional or not—that Jewish authors, readers, booksellers, and members of the literary community were not fully considered,” Barr told the Forward. “I can’t help but wonder: Given the climate of hate and antisemitism — was this an accident or purposeful?”

S.L. Wisenberg, another Jewish author in Chicago, explained that upon learning of the conflict, she assumed it was a scheduling mistake. “I don’t think it’s an anti-Jewish action,” she said. Still, she says, “it’s unfortunate.”

According to Berg, the other weekends in September also had conflicts: the first was Labor Day, the third had Yom Kippur, and the fourth might have been too cold. Yim Kippur begins at sundown on Sunday, Sept. 20.

Turi Ryder, a podcaster and novelist from Chicago, was unsatisfied by this explanation, after communicating with conference staff. She told her social media followers, “FILE UNDER, “WE KNOW BUT WE DON’T GIVE A RAT’S PATOOTIE ABOUT YOUR JEWISH HOLIDAY.”

Ryder pointed out that if they had held the festival the following week, there would not have been significant overlap with Yom Kippur, which begins at sundown on Sunday, Sept. 20. Berg explained that Sunday may still have been difficult for those observing the holiday, since they may have needed to spend the day spending time with family and preparing to go to synagogue.

The festival had been held every June for almost 40 years, but in 2021 organizers postponed the events until September to adjust for the COVID-19 pandemic. What was intended to be a temporary schedule change became permanent. Until then, the High Holidays had never been an issue.

The post Jewish authors object to scheduling of a Chicago literary festival on Rosh Hashanah appeared first on The Forward.

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