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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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Pope Leo Says Catholic Church ‘Unwavering’ in Its Opposition to ‘Every Form of Antisemitism’

Pope Leo XIV holds a Jubilee audience on the occasion of the Jubilee of Sport, at St. Peter’s Basilica, at the Vatican June 14, 2025. Photo: REUTERS/Yara Nardi

Pope Leo XIV on Tuesday marked International Holocaust Remembrance Day with a statement reaffirming the Catholic Church’s “unwavering” opposition to antisemitism.

“On Holocaust Remembrance Day, I would like to recall that the Church remains faithful to the unwavering position of the Declaration #NostraAetate against every form of antisemitism,” the pope posted on the X social media platform. “The Church rejects any discrimination or harassment based on ethnicity, language, nationality, or religion.”

The post concluded with a link to Nostra Aetate, a declaration from the Second Vatican Council and promulgated on Oct. 28, 1965, by Pope Paul VI that called for dialogue and respect between Christianity and other religions. The theological reform called for a position of Christian-Jewish brotherhood, advocating “the bond that spiritually ties the people of the New Covenant to Abraham’s stock.”

Leo offered his message opposing antisemitism as the Israeli Ministry of Diaspora Affairs and Combating antisemitism released its newest research into global hate against Jews.

The report documents 815 “serious” incidents around the world — including 21 murders of Jews — as well as 124 million antisemitic X postings and more than 4,000 anti-Israel demonstrations.

“On International Holocaust Remembrance Day, we are called not only to remember, but to act. The ministry stands alongside Jewish communities, monitors and collects information in real time, and pursues the perpetrators of antisemitism and hatred wherever they are,” Amichai Chikli, the Israeli minister of diaspora affairs and combating antisemitism, said in a statement.

Chikli urged a proactive strategy, arguing that “antisemitism is rising in various arenas – yet our responsibility is not to remain on the defensive, but to go on the offensive.”

Leo has repeatedly spoken out against antisemitism and promoted Nostra Aetate since he began his papacy last year.

In October, the pontiff condemned antisemitism and affirmed the Catholic Church’s commitment to combating hatred and persecution against the Jewish people, arguing his faith demands such a stance.

Speaking in St. Pete’s Square at the Vatican, Leo acknowledged the 60th anniversary of Nostra Aetate, saying, “I too confirm that the Church does not tolerate antisemitism and fights against it, on the basis of the Gospel itself.”

“This luminous document teaches us to meet the followers of other religions not as outsiders, but as traveling companions on the path of truth; to honor differences affirming our common humanity; and to discern, in every sincere religious search, a reflection of the one divine mystery that embraces all creation,” Leo continued.

He then added that the primary focus of Nostra Aetate was toward the Jewish people, explaining that Pope John XXIII, who preceded Paul VI, intended to “re-establish the original relationship.”

Nostra Aetate details the close bonds between Jews and Christians.

“The Church, therefore, cannot forget that she received the revelation of the Old Testament through the people with whom God in His inexpressible mercy concluded the Ancient Covenant,” the proclamation states. “Nor can she forget that she draws sustenance from the root of that well-cultivated olive tree onto which have been grafted the wild shoots, the Gentiles. Indeed, the Church believes that by His cross Christ, Our Peace, reconciled Jews and Gentiles making both one in Himself.”

The document also opposes antisemitism, proclaiming that “in her rejection of every persecution against any man, the Church, mindful of the patrimony she shares with the Jews and moved not by political reasons but by the Gospel’s spiritual love, decries hatred, persecutions, displays of antisemitism, directed against Jews at any time and by anyone.”

Jewish leaders have expressed optimism for interfaith relations under Leo’s leadership.

Rabbi Noam Marans, director of interreligious affairs at the American Jewish Committee (AJC), told The Algemeiner in May that “his remarks to the Jewish people have actually been extraordinary.”

At the time, just after being elected to the papacy, Leo met with Jewish leaders and other faith representatives at the Vatican. “Because of the Jewish roots of Christianity, all Christians have a special relationship with Judaism,” he said during the meeting. “Even in these difficult times, marked by conflicts and misunderstandings, it is necessary to continue the momentum of this precious dialogue of ours.”

Before the beginning of Leo’s pontificate, Israeli-Vatican relations had come under strain due to the late Pope Francis’s statements about the war to defeat Hamas in Gaza, including his suggestion that the Jewish state was committing genocide.

There has been a recent rise in promoting antisemitism among some Catholic podcasters and social media influencers, especially on the political right. Nick Fuentes, for example, has praised Adolf Hitler and even called for the extermination of Jewish people from American civilization.

The Anti-Defamation League (ADL) wrote that Fuentes “frequently makes his support known for the Traditionalist Catholic view that rejects the Nostra Aetate, the papal document that declared that modern Jews bear no guilt for the death of Christ.”

The ADL revealed that in March 2024 on Telegram, “Fuentes wrote that he and his followers ‘rightly defend the traditional Catholic view,’ blaming Jews for ‘crucifying our Lord.’”

Nostra Aetate explicitly rejects such rhetoric, stating that the death of Jesus cannot be charged “against all the Jews, without distinction, then alive, nor against the Jews of today.” It also states that “the Jews should not be presented as rejected or accursed by God, as if this followed from the Holy Scriptures.”

Recent Catholic convert Candace Owens, who joined the church in April 2024, has also used her platforms which enable her to influence millions of followers to demonize the Jewish people. A study released in December showed how Owens and fellow podcaster Tucker Carlson boosted their anti-Israel content last year.

US Vice President JD Vance also converted to Catholicism in recent years, joining the church in 2019. Vance has disputed the rise of antisemitism on the political right and failed to counter antisemitic statements when confronted with them in public settings. On Friday, Axios published secret recordings of US Sen. Ted Cruz (R-Texas) telling donors last year that “Tucker created JD. JD is Tucker’s protégé, and they are one and the same.”

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Tim Walz: Get Anne Frank’s Name Out of Your Mouth

Former US Vice President and Democratic presidential candidate Kamala Harris and her running mate Minnesota Governor Tim Walz hold a campaign event in Eau Claire, Wisconsin, US, Aug. 7, 2024. Photo: REUTERS/Kevin Mohatt

Many Holocaust survivors I’ve interviewed have said it pains them when people compare anyone to Hitler and the Gestapo, or compare things to the Holocaust to try to get attention or make a political point.

They’ve also mentioned how people use Anne Frank’s name for political purposes, because most schoolchildren have read her diary.

Minnesota Governor Tim Walz (D), who, after a scandal involving alleged fraud in his state, announced he is not running for re-election, recently said the following: “We have got children hiding in their houses, afraid to go outside. Many of us grew up reading that story of Anne Frank…”

As January 27 is International Holocaust Remembrance Day, many, including Jews, will make false comparisons to the Holocaust, because they imagine this makes them noble and a fighter for social justice.

Anne Frank died in a concentration camp called Bergen-Belsen weeks before its liberation by British forces who found thousands of corpses and about 55,000 emaciated prisoners. The camp was of course run by Nazis. Frank hid in what was known as the annex in Amsterdam for 761 days. She had no option to be deported to another country safely, nor was she in Amsterdam illegally. She knew being discovered likely meant death.

I am sure illegal immigrants fear being deported and some legal immigrants may fear detention. Walz could have said that without invoking the name of Anne Frank. He did this because his goal is to paint Federal agents with a big red Nazi brush. It is also understandable that many are angry after a Federal agent shot Alex Pretti, with video footage showing Pretti did not brandish his gun, and Walz would be correct to rebuke Kristi Noem, Secretary of Homeland Security for her characterization of Pretti.

But it is important to know about communist propaganda.

In 1967, the Soviets realized there was a branding problem. The country regretted its support for Israel officially becoming a state in 1948, because it since had become a strong ally of America. The solution? The rebrand of Israel via Holocaust inversion.

Imagine! Those who rose from the ashes of the Holocaust had done so, only to become Nazis themselves. What a twist to the story! Israel would not be the David, but, rather, the Goliath.

It took some time, but by 1975, they passed Resolution 3379 at the United Nations, where the text stated that, “Zionism is a form of racism and racial discrimination.” Fifty years later, this effort has gone past their wildest dreams, with the help of Qatari funding. Most of the world lambasts Israel at every turn, blaming Israel as one of the world’s worst oppressors. Even those propagandists never thought there would be a day where Jews were called “Zio-Nazis.”

This is why Walz sees nothing wrong with a false Anne Frank comparison. Some Jews, blinded by their hatred of President Trump, don’t stop to think about the damage of false Nazi comparisons.

This does not mean one should not criticize any president or demand accountability. Sadly, people are captured by a narrative that is popular, and are not interested in much else.

A false comparison doesn’t strengthen a point, it only takes away credibility. When anyone makes any claim, you should ask: What is your evidence for that? If they don’t have it, you should tell them to use a correct phrase and retract a claim or characterization if it is false.

The reason false Nazi comparisons are a problem is that they have become a prominent component of antisemitism.

It is the Jewish way to fight against racism and to seek justice. But those who make false Holocaust comparisons dishonor the memories of those who died in the Holocaust.

The author is a writer based in New York.

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Soccer Clubs Around the World Mark International Holocaust Remembrance Day With Commemorative Events

FC Bayern and Munich FC Augsburg holding a poster to commemorate the Holocaust #WeRemember campaign. Photo: IMAGO/MIS via Reuters Connect

Soccer clubs around the world commemorated International Holocaust Remembrance Day on Tuesday by pledging to honor victims of Nazi persecution through campaigns, memorial events, and other gestures to show the importance of remembering the atrocities of World War II.

Germany’s professional leagues — including FC Bayern and Augsburg – held over the weekend a series of memorial events and matches across the country opened with a moment of silence dedicated to the #WeRemember campaign by the World Jewish Congress. The campaign aims to keep the memory of the Holocaust alive. This year’s Holocaust Remembrance Day marks the 81st anniversary of the liberation of the Auschwitz-Birkenau extermination camp in 1945.

In Italy, a commemorative ceremony in memory of Jewish Hungarian soccer player and coach Árpád Weisz was held Tuesday morning at Stadio Renato Dall’Ara and organized by Bologna FC. Those in attendance included Bologna FC CEO Claudio Fenucci, a delegation from the club’s youth sector, Bologna City Councilor for Sport Roberta Li Calzi, and Emanuele Ottolenghi, vice president of the Jewish community of Bologna.

Weisz lived in Italy and led Bologna to league and international victories. He also coached Fiorentina and Inter Milan, and was the first coach to claim Italian titles with two clubs. He additionally is credited with discovering talented players such as Giuseppe Meazza. He, his wife and two children were deported to the Auschwitz concentration camp, where they were murdered by the Nazis. He died in 1944 at the age of 47.

The FIGC, which is the governing body of soccer in Italy, is running a campaign on its official website and social media channels to commemorate the victims of the Holocaust. The campaign features an image of empty seats in a stadium, to remember those murdered by the Nazis.

 

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“Remembering is not enough; there is an absolute need to stay aware of one of the greatest tragedies in human history,” said FIGC President Gabriele Gravina. “To know is to prevent, to fight, to protect, to respect. [Soccer], with its social impact, can serve as a powerful platform to spread messages of profound significance, especially to younger generations, who did not experience this atrocity firsthand but have both the right and the duty to understand it.”

England’s Manchester United marked Holocaust Remembrance Day by making a pledge “to listen, learn, and carry the legacies forward of the millions of innocent lives that were taken under persecution.”

The Football Association, which is the governing body of soccer in England, said in a released statement that International Holocaust Remembrance Day “is for everyone. It brings people together from all walks of life to strengthen communities and stand up against hatred and discrimination.”

“As the years pass, we’re growing more distant in time from the Holocaust and from the other, more recent genocides that are commemorated on HMD. That distance brings a risk – memory fades and the sharp reality of what happened becomes blurred, abstract, or even questioned,” the FA added. Soccer “has the power to bring people together in so many ways, can eradicate social barriers and be a force for good across communities. One of our key commitments is to do everything in our power to deliver a game free from discrimination and that will never stop, which is why IHMD is so important.”

The British club Chelsea FC hosted on Tuesday at its stadium a free exhibition, open to all visitors between 10 am and 2 pm, which highlights “the achievements, struggles, and resilience of athletes before, during, and after the Holocaust.” Visitors also learn about the role sport played in fighting against Nazi persecution, and the exhibit shares the stories of Jewish athletes persecuted under Nazi rule as well as the post-Holocaust rise of Jewish sports figures such as Mark Spitz, one of the most decorated Olympic swimmers of all time. The exhibition is produced by Yad Vashem in partnership with the Jewish Ethics Project and the soccer team’s Jewish Supporters’ Group.

Tottenham Hotspur hosted a Holocaust Memorial Day event for faith leaders and students, while Fulham FC shared on its website and YouTube channel a video of Holocaust survivor Barbara Frankiss talking to three Fulham players about her experience facing Nazi persecution and the importance of Holocaust remembrance. 

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