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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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Israel Sees Momentum in Latin America After Argentina’s Milei Officially Launches Isaac Accords

Argentine President Javier Milei meets with Israeli Foreign Minister Gideon Saar in Buenos Aires during Saar’s diplomatic and economic visit to strengthen ties between the two countries. Photo: Screenshot

With the official launch of the Isaac Accords by Argentina’s President Javier Milei, Israel aims to expand its diplomatic and security ties across Latin America, with the initiative designed to promote government cooperation and fight antisemitism and terrorism.

Milei formally launched the Isaac Accords last week during a meeting in Buenos Aires with Israeli Foreign Minister Gideon Saar, who has been on a regional diplomatic tour.

Modeled after the Abraham Accords — a series of historic US-brokered normalization agreements between Israel and several Arab countries, this new initiative aims to strengthen political, economic, and cultural cooperation between the Jewish state and Latin American governments. 

The Argentine leader called his country a “pioneer” alongside the United States in promoting the new framework, emphasizing its role in fostering closer ties between Israel and the region across key strategic fields.

“While the vast majority of the free world decided to turn its back on the Jewish state, we extended a hand to it,” Milei said during a speech at the 90th anniversary of the Delegation of Argentine Israelite Associations (DAIA), the country’s Jewish umbrella organization.

“While the vast majority turned a deaf ear to the growth of antisemitism in their lands, we denounced it with even greater fervor, because evil cannot be met with indifference,” he continued.

Shortly after Milei’s announcement, Saar praised him as “a double miracle, for Argentina and for the Jewish people,” describing his connection to Judaism and Israel as “sincere, powerful, and moving.”

Israeli Prime Minister Benjamin Netanyahu also praised Milei, describing his “moral clarity, vision, and courage” as signals of “a new era of common sense, mutual interests, and shared values between Israel and Latin America.”

The first phase of the Isaac Accords will focus on Uruguay, Panama, and Costa Rica, where potential projects in technology, security, and economic development are already taking shape as the initiative seeks to deepen cooperation in innovation, commerce, and cultural exchange.

In February, Argentina’s Foreign Minister Pablo Quirno will visit Israel to work with Saar and Netanyahu on advancing the initiative’s operational framework.

Milei also announced plans to relocate the country’s embassy to Jerusalem next spring, fulfilling a promise made last year, as the two allies continue to strengthen their bilateral ties.

The top Israeli diplomat commended Milei, describing his support for Israel on the international stage as “courageous and forceful.”

The Isaac Accords will also aim to encourage partner countries to move their embassies to Jerusalem, formally recognize Hamas and Hezbollah as terrorist organizations, and shift longstanding anti-Israel voting patterns at the United Nations.

Less than a year after the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, Argentina became the first Latin American country to designate the Palestinian Islamist group as a terrorist organization, with Paraguay following suit earlier this year.

As Israel moves to strengthen its diplomatic and economic ties in Latin America, Saar announced on Monday that Ecuador has opened an additional diplomatic mission in Jerusalem, further bolstering their bilateral relations.

“Several Latin American countries – Guatemala, Paraguay and Honduras – have already moved their embassies to Jerusalem,” the Israeli diplomat wrote in a post on X. 

“The opening of Ecuador’s office in Jerusalem is another milestone on this important path. I commend [Ecuador’s President Daniel Noboa] and the people of Ecuador for this significant decision,” he continued. 

Saar also announced that Bolivia has lifted visa requirements for Israelis entering the country, signaling closer cooperation between the two countries.

“This decision will allow many Israelis to visit Bolivia again after many years, enjoy its vibrant culture and remarkable scenery, and strengthen the ties between our nations,” Saar posted on X. 

President Rodrigo Paz, a center-right politician, took office this year following years of left-wing government in Bolivia during which the country severed relations with Israel. Paz’s election signaled a shift in policy toward the Jewish state.

Last week, Saar kicked off his regional diplomatic trip in Paraguay, signing a security cooperation memorandum and meeting with President Santiago Peña, whom he praised as “one of the most impressive leaders on the international stage today.”

“Paraguay is developing major defense capabilities. Israel’s defense industry has experience and capabilities that we want to share with you,” the Israeli official said during a press conference with Paraguay’s Foreign Minister Rubén Ramírez Lezcano.

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Pope Leo meets with Erdogan, says two-state solution is the ‘only’ path forward in Middle East

(JTA) — Following a visit in Turkey last week, Pope Leo XIV said that he had spoken with Turkish President Recep Tayyip Erdogan about their shared support for a two-state solution, which Leo called the “only solution” to the Israeli-Palestinian conflict.

Leo’s comments to reporters Sunday came while he traveled from Turkey to Lebanon on the papal plane as part of his first international tour since being elected to the papacy in May.

During his address, Leo thanked Erdogan, who has consistently voiced support for Hamas and fostered hostile relations with Israel, for helping coordinate the trip and for hosting him on his personal helicopter.

Asked by a reporter whether he had spoken with Erdogan about the conflict in Gaza, Leo said that the Turkish leader was “certainly in agreement” about the proposal for a two-state solution, adding that he believed that Turkey has an “important role that it could play in all of this.”

Leo also said that he hoped to play a “mediating role” in the conflict and criticized Israel for rejecting a two-state solution. (Israeli Prime Minister Benjamin Netanyahu has long rejected Palestinian statehood, and the U.S.-brokered ceasefire deal between Israel and Hamas does not include provisions for a Palestinian state, though it positions itself as part of a roadmap to statehood.)

“We all know that at present Israel still does not accept this solution, but we see it is the only solution that could offer, let us say, an answer to the conflict they continue to live,” Leo said in Italian to reporters. “We are also friends of Israel, and we are trying to act as a mediating voice for both sides, helping to bring about a solution that is fair for everyone.”

In September, Leo met with Israeli President Isaac Herzog and told the leader that he believed the two-state solution was the only way out of the conflict in Gaza.

Leo’s remarks echoed similar appeals he made shortly after his election. In May, he made two public addresses where he called for a ceasefire in Gaza and decried the suffering of families in the enclave during the conflict.

On Thursday, Erdogan praised Leo’s advocacy for Palestinians and called for a Palestinian state based on the “1967 borders,” which refer to a state in the West Bank and Gaza with East Jerusalem as its capital.

“We commend (Pope Leo’s) astute stance on the Palestinian issue,” Erdogan said during an address in Ankara. “Our debt to the Palestinian people is justice, and the foundation of this is to immediately implement the vision of a two-state solution based on the 1967 borders. Similarly, preserving the historic status of Jerusalem is crucial.”

Leo’s trip to the region comes the same week that the “popemobile” that belonged to his predecessor, Pope Francis, debuted in Gaza in its retrofitted version as a mobile pediatric health clinic.

The post Pope Leo meets with Erdogan, says two-state solution is the ‘only’ path forward in Middle East appeared first on The Forward.

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Meet Zevi Eckhaus, the Jewish college football bowl-bound quarterback who prays at the 18-yard line

(JTA) — After a game, it’s not uncommon for football players to kneel in a prayer circle at midfield. But Zevi Eckhaus, the Washington State Cougars’ Jewish starting quarterback, tends to do so in a particular spot on the gridiron.

“Every game, I go to the 18-yard line, get down on a knee, and pray,” Eckhaus said, referring to the number that has a special place in Jewish tradition.

“Every time I put on my pads and go outside and throw a football, I know that’s with God’s help,” the 6-feet, 209-pound quarterback told The Cholent, a newsletter in Seattle, in a recent interview. 

On Saturday, Eckhaus led the Cougars’ offense to a 32-8 win, clinching a berth in a Division I college football bowl game. That game will be the final one at the collegiate level for Eckhaus, a redshirt senior.

“I’d love to play football as long as I possibly can,” Eckhaus told The Cholent. While there’s been no buzz around Eckhaus as an NFL prospect, the Canadian Football League’s Montreal Alouettes have secured his negotiation rights, should he choose to go north of the border.

Eckhaus was raised in an Orthodox Jewish household, attending the Chabad-affiliated Cheder Menachem Los Angeles through elementary and most of middle school. Students at Cheder Menachem learned Jewish text for most of the school day, then crammed “two hours of what they called English, which was essentially math, science, everything kind of in a bunch,” he told Cougfan.com last year. (The school’s website says it provides “an exemplary well rounded Judaic and general academic education.”)

Eckhaus said he “started davening with tefillin” when he was 13. He went away from it for a while, but said that, “Thankfully, I’ve had interactions in my life that brought me back to davening every single day with Rashi and Rabbeinu Tam” — that is, the two distinct sets of tefillin worn by Chabad and other particularly stringent Orthodox movements.  

Eckhaus said the student-athlete lifestyle doesn’t lend itself to being observant.

“Shabbos is still tricky because we play on Saturdays,” he said in the recent interview. “Eating kosher all the time is also hard because of the cafeteria and being at the facility most of the day.”

But Eckhaus said he’s found a balance between the rigorous schedule as a Division I quarterback and finding time for prayer and Jewish community. 

“I wake up every morning and put on tefillin. I read mishnayos every week,” he said, referring to the foundational collection of Jewish legal theory. “There’s a small Hillel group here I can meet with sometimes. I try to keep as much as I can with my religion.” 

There’s not much of a Jewish community in Pullman, Washington, but Eckhaus said the rabbi from nearby Spokane occasionally comes to town and organizes events.

“If he does that, I usually try to get involved with that,” he told Cougfan.com. “The Jewish students I stay in contact with, I try to get involved with them.”

Last season, the Cougars played against Fresno State on Yom Kippur. Eckhaus was not yet the starting quarterback, but was still present on the sidelines — and still observing the sacred day.

“I didn’t have any form of technology,” he told Cougfan.com later that year. “I didn’t eat or drink for 25 hours, and Coach [Jake] Dickert even went out of his way to have a private room set aside for me after the game for me to finish out the final prayer.” This year, Eckhaus said he was cleared to miss a practice held during Yom Kippur.

While the schedule can at times conflict with his religious observance, Eckhaus said he’s gotten no trouble from his teammates.

“Everybody comes from different backgrounds, families, upbringings, religions,” he said. “There are so many differences on a football team, yet still so much love, trust, and connection because of what you go through together.”

Eckhaus has previously been teammates with two Palestinian offensive linemen, and said “those guys were some of the nicest to me.”

“There’s no bickering or tension around religion, at least not in my experience,” Eckhaus told The Cholent.

After spending three years at Bryant University in Rhode Island — during which he was named the conference’s 2023 Offensive Player of the Year — Eckhaus transferred to Washington State in 2024. A backup all season, Eckhaus was thrust into the starting role for last year’s Holiday Bowl because the Cougars’ starter entered the transfer portal.

“It’s pretty cool that this game will be on Hanukkah,” Eckhaus said ahead of that bowl game, which they went on to lose 52-35 to the Syracuse Orange.

There are few Jewish players in NCAA Division I football. The most notable among them currently is Jake Retzlaff, the former quarterback at Brigham Young University, affiliated with the Church of Jesus Christ of Latter-day Saints. Retzlaff transferred to Tulane after he drew a suspension for violating the school’s famously strict honor code. The suspension followed allegations of sexual assault in a civil lawsuit that was later dismissed and Retzlaff’s admission that he had engaged in premarital sex, which BYU prohibits. Tulane is currently ranked 24th in the country.

Sam Salz, meanwhile, became likely the first Orthodox player to appear in a Division I NCAA football game last year, and spent three years as a walk-on with the Texas A&M Aggies.

Eckhaus took over the Cougars’ starting quarterback role four weeks into this season, and has registered 1,760 passing yards, 20 total touchdowns and nine interceptions. The date and opponent of Washington State’s bowl game will be announced Dec. 7.

The post Meet Zevi Eckhaus, the Jewish college football bowl-bound quarterback who prays at the 18-yard line appeared first on The Forward.

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