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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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Jewish Democrats back Michigan AG Dana Nessel’s decision to skip state party convention
(JTA) — Local and national Jewish Democrats say they are sympathetic after Michigan’s Jewish attorney general, Dana Nessel, said she would skip the state Democratic Party’s nominating convention over concerns about antisemitism and harassment.
“I don’t blame AG Nessel for not wanting to go and basically put herself in situations that feel untenable in this moment of time and don’t add any value politically, personally,” Jessica “Decky” Alexander, the Michigan Jewish Democratic caucus chair, told the Jewish Telegraphic Agency on Friday.
Alexander’s comment came a day after Nessel announced during a televised antisemitism roundtable that she would be skipping the convention next month, where party leaders will finalize the state’s Democratic candidate for Senate following a divisive primary that has focused in part on Israel and antisemitism.
“I don’t feel safe going. I feel like my presence isn’t going to be welcome. I don’t want to get chased around. I don’t want to get harassed. I don’t want to get yelled and screamed at. I don’t want to get booed off the stage, irrespective of what I’m saying,” Nessel said during the roundtable. “And I believe that if I go, that is what will happen because it’s been happening to me.”
She said she had filed a formal complaint within the party about a party official who had called her a neo-Nazi because of her beliefs. “Why is this person more accepted in our party than me?” she asked without naming the official. Her office responded to a request for comment by referring to the recorded livestream of the antisemitism roundtable.
Nessel’s declaration comes in the final days of the primary between Rep. Haley Stevens, a pro-Israel stalwart, and Abdul El-Sayed, a democratic socialist who is deeply critical of Israel. El-Sayed is surging in polls despite a reported $30 million spent against him by AIPAC, the pro-Israel lobby, and its supporters, whom he has made a target of criticism from the campaign trail.
Nessel’s comments also follow turmoil at the Michigan Democratic Party’s endorsement convention in April, where Stevens was booed by attendees. A third primary candidate who later dropped out of the race, state Sen. Mallory McMorrow, said a convention attendee had targeted her Jewish husband with an antisemitic slur.
The incident has fueled alarm among Jewish Democrats, according to Halie Soifer, CEO of the Jewish Democratic Council of America.
“She’s not alone,” Soifer told JTA about Nessel on Friday. “We’ve heard from other Jewish Democrats who attended the Democratic Party convention earlier this year in Michigan, and there was a sense of discomfort amid what felt like a pro-Palestinian protest [that] may have even blurred the line for some into antisemitic sentiment — and it’s really concerning.”
Nessel has raised the alarm about antisemitism within the party for years, alleging in 2024 that Michigan Rep. Rashida Tlaib, a prominent pro-Palestinian voice, had been antisemitic when criticizing charges Nessel filed against pro-Palestinian protesters at the University of Michigan.
For her part, Alexander said she would be participating in the nominating convention and said she believed the chair of the state Democratic Party, Curtis Hertel, had been “very accessible and very open to making sure that we, including our Jewish elected officials, feel safe in that space.” But she said she understood why Nessel was staying away.
“It would never even occur to me, but I’m not an elected official,” Alexander said. “It’s a different stake for me than it is for Dana. I understand her completely.”
This article originally appeared on JTA.org.
The post Jewish Democrats back Michigan AG Dana Nessel’s decision to skip state party convention appeared first on The Forward.
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Maine rabbis call for peace, urge politicians to stop calling Gaza war a ‘genocide’
(JTA) — Every congregational rabbi in Maine has signed onto a statement calling for peace and urging the state’s political leaders to stop using the term “genocide” to describe Israel’s war in Gaza, following a Democratic primary in which several candidates used the label for the first time.
But the rabbis also indicated that they, too, were unsatisfied with conditions in the Middle East and called on Israeli and Palestinian leaders to work toward a peaceful future.
“We call upon Maine’s leaders, and particularly its political leaders, to reject the irresponsible usage of the term in describing the Israel-Hamas War,” said the statement released on Friday. “We also call upon Israeli and Palestinian leaders to end the cycle of violence and to create a better world for both Palestinian and Israeli children.”
The statement, titled “A Call for Peace and Responsible Rhetoric,” argues that using the term as a “political slogan does not advance peace in the Middle East.” The term “erases essential moral and legal distinctions, diminishes the meaning of genocide, and inflames hatred for the local Jewish community,” the rabbis say.
“Compassion for Palestinians does not require the adoption of hateful and misleading language,” they continue. “Advocating for peace does not require participation in a ‘Holocaust inversion’ against the Jewish community. And political leadership does not require demonizing one community in the service of another.”
The statement comes days after Troy Jackson, a former logger and state Senate president, secured the Maine Democratic U.S. Senate nomination Saturday at the party’s nominating convention to replace Graham Platner, a staunch Israel critic who dropped out of the race earlier this month. Platner faced a sexual assault allegation, which he denies. Jackson now faces Republican incumbent Sen. Susan Collins in November’s general election.
Platner’s romp to the primary victory featured routine use of “genocide” to describe Israel’s actions. And ahead of the convention to replace him, Jackson and several other Democratic hopefuls who later exited the race began using the term “genocide” to describe Israel’s war in Gaza for the first time, a shift that drew scrutiny from some Jewish leaders and voters in the state.
The use of the term has become a “currency for acquiring power and position in Maine’s Democratic party,” Rabbi Rachel Isaacs, the leader of Beth Israel Congregation in Waterville, who also signed the statement, told the Jewish Telegraphic Agency.
“Too many Maine Democrats are cynically willing to trade in that currency at the expense of our safety and dignity,” she said in an emailed statement. “We decided we needed to say something collectively, both about the specious and dangerous nature of the claim, and about how much damage has been done to our families and congregants.”
The statement Friday was spearheaded by the Jewish Community Alliance of Southern Maine and signed by every congregational rabbi in the state, including Rabbi Bill Siemers of the Conservative Congregation Beth Israel in Bangor and Rabbi Erica Asch of the Reform Temple Beth El in Augusta. (Rabbis affiliated with the Chabad movement in Maine did not appear on the signatory list.)
Zach Schwartz, the director of the Jewish Community Relations Council at the Jewish Community Alliance of Southern Maine, said the federation hoped the “unity displayed here in Maine can inspire Jewish communities across the US to also unite against the extremist rhetoric harming our community and our children.”
Rabbi Josh Stanton, the associate vice president of interfaith and intergroup initiatives for Jewish Federations of North America, also hailed the joint statement.
“Maine’s Jewish clergy are setting an important example with their call to put aside inflammatory rhetoric and look to the common good,” Stanton said in an emailed statement. “At a time of rising polarization and declining civil discourse, the Jewish Community Alliance of Southern Maine’s efforts to unify the community around this important message are a mark of true leadership.”
Isaacs told JTA that she hoped Jackson would “support, understand, and advocate for all of Maine’s citizens, including the totality of Maine’s diverse Jewish community.”
“Work with us to figure out how to express outrage and legitimate critique of Israel’s government without succumbing to language that you might not know is an ancient antisemitic trope, or dismissing the security needs of Israel’s citizens,” Isaacs said of her message to Jackson. “Please have the courage to forge your own path, and not follow in the footsteps of Graham Platner, a man who should have never been normalized, endorsed, or empowered.”
This article originally appeared on JTA.org.
The post Maine rabbis call for peace, urge politicians to stop calling Gaza war a ‘genocide’ appeared first on The Forward.
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Boy George cedes role of King Herod in ‘Jesus Christ Superstar’ production after releasing pro-Israel song
(JTA) — Boy George has withdrawn from his run as King Herod in London’s West End revival of “Jesus Christ Superstar,” days before he was due to take the stage and 24 hours after releasing “We Will Dance Again,” dedicated to the victims of Hamas’ Oct. 7, 2023, attack on the Nova music festival in Israel.
The 80’s pop star was scheduled to appear at London’s Palladium starting Monday as part of the production’s rotating cast playing King Herod, the Judean king who is best known by Jews for his expansion of the Second Temple and to Christians for his efforts to stave off the arrival of a challenger — the story of which is reflected in the rock opera by Andrew Lloyd Webber and Tim Rice.
Boy George will be replaced by actor Richard Armitage in the London production.
In announcing the cast change, Paul Kelmsley, the singer’s manager, did not directly mention the blowback the former Culture Club frontman was receiving for releasing a pro-Israel song but alluded to it.
“George has never been afraid to stand by his personal convictions, and I have always respected him for that,” he said. ”In this instance, I felt it was right to step aside, allowing the production to remain the focus, while ensuring everyone involved can move forward with mutual respect and goodwill.”
Boy George is defending his decision to release the song, saying he believes artists should be free to express their views even when they are unpopular. In “We Will Dance Again,” the singer rejects claims of genocide against Israel and proclaims, “If you’re ever confused, I stand with the Jews.”
Earlier Friday, Boy George lashed back at the vitriol he was getting online. “What is most shocking is the amount of gay folk attacking me, ” he posted on X. “If you support terrorism you can in the words of Divine ‘Take your toolkit and go f—_ a garage,’” he said, referring to a quote attributed to the taboo-breaking transgender artist.
“When I say ‘they want to kill every last one of us’ I am also talking about us queers, not just the Jewish community,” Boy George said. “When will you wake up?”
This article originally appeared on JTA.org.
The post Boy George cedes role of King Herod in ‘Jesus Christ Superstar’ production after releasing pro-Israel song appeared first on The Forward.
