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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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Deni Avdija might not win Most Improved Player. But he can achieve something greater.
In any other year Deni Avdija, the NBA’s reigning Israeli superstar and its most talented Jewish player in at least half a century, might be a shoo-in for the league’s Most Improved Player award. The 6-foot-8 forward inflated his scoring average from 16.9 to 24.2 — good for 14th in the NBA — as he made his first All-Star team and guided the Portland Trail Blazers to their first winning season in five years.
But in spite of his team’s social media campaigning, this year’s award seems most likely headed to the Atlanta Hawks’ Nickeil Alexander-Walker, whose 20 points-per-game more than doubled last year’s average. Sportsbooks made Alexander-Walker an overwhelming favorite to win, and while I would debate the merits — Avdija also raised his assist numbers, had a bigger role on his team and made a more difficult leap — I can’t really argue the odds.
Anyway, with the regular season over, Deni is onto more important things — starting Tuesday night, when his Blazers take on the Phoenix Suns in the biggest game of his career to date. The winner of Tuesday’s Play-In (10 p.m. ET on Amazon Prime) advances to the one place Avdija’s never been in his six seasons: the NBA Playoffs.
At stake is more than just Avdija’s drought of 425 games without a playoff appearance — the fifth longest streak of any active player. It’s also the 10 years Israeli fans watched Avdija’s Jewish countryman Omri Casspi play without seeing him in the postseason. Casspi’s 588 games with seven different teams are the fourth-most without playing in the playoffs in NBA history (and the most of any player born after 1950). An ignominious record, indeed.
As Jewish Telegraphic Agency has noted, Israeli-born journeyman TJ Leaf, who is not Jewish, made the playoffs as recently as 2021. And others have pointed out that Casspi’s team made the playoffs in 2014, but he did not play. But Avdija himself seems to regard this as a possible breakthrough.
“First taste of the playoffs — I think ever for an Israeli player,” he said — last year, before the Blazers barely missed the Play-In.
If the Blazers do end the Jewish Israeli playoff curse, it will be thanks to Avdija, who’s answered every call for the franchise this season. In two critical late-season games against the Los Angeles Clippers — their rival for the 8th playoff seed — Avdija led all players in scoring both times, including 35 points April 10 as Portland grabbed hold of the 8-seed.
Avdija’s work will be difficult against Phoenix, which in Dillon Brooks employs one of the stingiest wing defenders in the Association. Avdija was one of the best in the league at drawing fouls — he was third in the NBA in free throw attempts — and the game may depend on how closely the referees officiate contact. As for prior experience, Avdija only played one full game against the Suns this year, scoring 19 points in a 17-point loss; Portland split the other two matchups.
Because they secured the 8-seed, the Blazers will have a second chance at making the playoffs even if they lose. The winner of Wednesday night’s Clippers-Golden State Warriors matchup will face the loser of Blazers-Suns. Two chances to win one, and make (Jewish) Israeli hoops history.
The post Deni Avdija might not win Most Improved Player. But he can achieve something greater. appeared first on The Forward.
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German Court Drops Antisemitic Motive in Attack on Jewish Student, Sparking Outcry Over Reduced Sentence
A protester wrapped in an Israeli flag at a rally against antisemitism at the Brandenburg Gate in Berlin. Photo: Reuters/Lisi Niesner
More than two years after the brutal attack on Jewish student Lahav Shapira, a German court has acquitted the perpetrator of antisemitic-motivated charges and handed down a reduced sentence, in what appears to be yet another case of the justice system in Europe dismissing antisemitism as a driving factor in violent crime.
On Monday, the Berlin Regional Court sentenced Shapira’s 25-year-old classmate to two and a half years in prison for aggravated assault, delivering a lighter punishment than the one handed down during the initial ruling last year.
However, the court found no antisemitic motive behind the attack, overturning the previous ruling that had concluded otherwise, a decision that has prompted outrage and renewed criticism over how such cases are interpreted and prosecuted.
The court found there was not enough evidence to establish that the accused had expressed antisemitic views prior to the attack, and that investigators’ discovery of anti-Israel material and a pro-Palestinian map in his apartment could not be definitively tied to him or any of his family members.
Shapira strongly condemned the verdict, describing it as a reversal of perpetrator and victim, and expressed hope that the public prosecutor’s office would appeal so the case could be reconsidered “by competent people.”
“What other motive could there have been?” 33-year-old student Shapira said when leaving the courtroom. “I’m annoyed; it’s sad.”
The attack took place in February 2024, when Shapira was out with his girlfriend and was recognized by a fellow student of Arab descent who confronted him over posters he and other students had placed around the university regarding Israeli hostages taken during the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
As the argument escalated, Shapira was knocked to the ground with punches and kicked in the face, suffering a complex midface fracture and a brain hemorrhage.
During the first trial, the public prosecutor’s office argued that “Shapira was attacked because he is Jewish and stood up against antisemitism.”
Even though the accused admitted to the assault in both trials, he consistently denied that it was motivated by antisemitism.
Shapira has also tried unsuccessfully to force the Free University of Berlin (FU) to offer stronger protection against antisemitic discrimination. However, the Berlin Administrative Court rejected his lawsuit against the university as inadmissible.
This latest case is by no means the first in Europe to raise alarm bells among the Jewish community, as courts have repeatedly overturned or reduced sentences for individuals accused of antisemitic crimes, fueling public outrage over what many see as excessive leniency.
Like most countries across Europe and the broader Western world, Germany has seen a shocking rise in antisemitic incidents over the last two years, in the wake of the Oct. 7 atrocities.
According to newly released figures, the number of antisemitic offenses in the country reached a record high in 2025, totaling 2,267 incidents, including violence, incitement, property damage, and propaganda offenses.
By comparison, officially recorded antisemitic crimes were significantly lower at 1,825 in 2024, 900 in 2023, and fewer than 500 in 2022, prior to the Oct. 7 atrocities.
Officials warn that the real number of antisemitic crimes is likely much higher, as many incidents go unreported.
In one of the latest incidents, unknown perpetrators defaced a home over the weekend in Berlin’s Prenzlauer Berg district with a swastika and the slogan “Kill all Jews,” prompting an investigation by the State Security Service.
Last week, an Israeli restaurant in the German city of Munich was attacked when assailants smashed multiple windows and threw pyrotechnic devices inside in what authorities suspected was an antisemitic assault.
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Majority of Israelis Oppose Iran Ceasefire, Back Continued Campaign, Polls Find
An Israeli air defense system intercepts a ballistic missile barrage launched from Iran to central Israel during the missile attack, March 1, 2026. Photo: Eli Basri / SOPA Images via Reuters Connect
A poll released ahead of Israel’s Holocaust Remembrance Day found that a majority of Israelis – 61 percent – oppose the ceasefire with Iran, despite nearly six weeks of missile fire, mass disruption, and repeated trips to shelters.
Some 73 percent of respondents in the poll conducted by the Institute for National Security Studies said they believe Israel will have to renew military action against Iran within the next year, while 76 percent said negotiations with the Islamic Republic would not accomplish the war’s stated aims of crippling Iran’s ballistic missile array, dismantling its nuclear weapons program, and bringing an end to the regime in Tehran
A separate survey by Agam Labs at the Hebrew University in Jerusalem pointed to even stronger opposition, with only 15 percent backing the ceasefire. Two-thirds said they oppose it.
Two other polls, by Kan and Channel 13, suggested that only a minority of Israelis believe the US and Israel have won the war. In the Kan survey, roughly one-third said they view the outcome as a victory. In the Channel 13 poll, that figure fell to a quarter, while 40 percent said they do not know.
On Lebanon, more than 61 percent of Israelis said the truce with Iran should not be extended to include the fighting with Hezbollah, a condition Tehran has pushed in its talks with Washington, according to the Agam poll.
That was broadly in line with findings from the Israel Democracy Institute (IDI), which reported that four out of five Jewish Israelis believe Israel should continue its campaign against Hezbollah.
Arab Israelis, by contrast, stood well apart in all of the polling. They overwhelmingly indicated they support the ceasefire with Iran, and only a small minority, less than a fifth according to the IDI poll, back continuing the fighting against Hezbollah.
Although missile alerts have eased across much of Israel since the halt in launches from Iran, communities in the north are still coming under sustained fire, with sirens continuing around the clock. A Hezbollah rocket that was not intercepted struck Nahariya on Monday afternoon, causing heavy damage to a residential building and lightly injuring two people. Days earlier, rocket fire hit the remains of a 1,500-year-old Byzantine church in the northern Israeli city.
The Lebanese and Israeli ambassadors to the United States are due to meet in Washington on Tuesday for discussions on the possibility of direct negotiations between the two countries. Hezbollah leader Naim Qassem called on Lebanon to cancel the meeting, accusing the Lebanese government on Monday of turning itself into “a tool for Israel.”
Israel’s former national security adviser Meir Ben-Shabbat warned that expectations for the talks should be limited, arguing that “security without an agreement is preferable to an agreement without security.” Ben-Shabbat, who now heads the Misgav Institute for National Security, warned that the Lebanese government is not capable of removing the threat posed by Hezbollah and would also be unable to grant Israel the operational freedom it would need to act independently.
“The outcome of the negotiations may result either [in] an agreement lacking adequate security arrangements, or a crisis in which Israel is portrayed as refusing the demands of the Lebanese government,” he cautioned, adding that Israel should avoid making any security concessions before or during the talks.
The Israeli military said it had killed 250 Hezbollah operatives in a major operation in southern Lebanon in recent days, including more than 100 in the Bint Jbeil area alone, most of them in close-quarters combat. The Israel Defense Forces (IDF) said the battle for the southern Lebanese city, long considered a Hezbollah stronghold, was nearing its final stages. It added that some of the terrorists may have been preparing for an incursion into Israeli territory.
The IDF says the fighting has again exposed what it describes as Hezbollah’s entrenched use of civilian sites for military activity. According to the military, weapons are stored beneath homes and launchers are brought out into courtyards to fire toward Israel and then moved back inside. Israeli forces say they are working to identify those sites, destroy the weapons, and kill the operatives using them amid continuing clashes on the ground.
Bint Jbeil carries particular symbolic weight in the conflict. After Israel withdrew from southern Lebanon in May 2000, then-Hezbollah chief Hassan Nasrallah delivered a triumphal address at the city’s soccer stadium, using it as a stage to cast Israel as fragile and beatable.
“Israel has nuclear weapons and the most powerful air force in the region, but in truth, it is weaker than a spider web,” Nasrallah said at the time.
Brigadier General Guy Levy, commander of Division 98, addressed troops from the ruins of that same stadium, which was hit in the latest round of fighting: “In Bint Jbeil in 2000, someone made a speech here and bragged about spider webs. Today, that man does not exist, the stadium doesn’t either, and his words are worth nothing. Now our forces control the area, destroying terror infrastructure and dozens of terrorists.”
Writing on X, IDF Arabic-language spokesman Avichay Adraee said that “glory is not built with speeches, but with the impact of soldiers’ footsteps. Controlling the Bint Jbeil stadium is not merely a military achievement, but a dismantling of its arrogant symbolism.”