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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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At the edge of America, six Jewish graves endure

A July 1954 funeral in Fairbanks, Alaska, drew unexpected attention from Jewish newspapers across the country. The woman being buried, Lena Ferguson, was laid to rest in what the Fairbanks Daily News-Miner described simply as the “Jewish plot” inside the city’s Clay Street Cemetery — a small, largely forgotten burial ground that many outside Alaska did not even know existed.

Reports in papers from Florida to Chicago described the “discovery” of what was believed to be the only known Jewish cemetery in the Last Frontier. Some emphasized the unusual circumstances of a Jewish burial in the remote Alaskan interior. Others noted that Ferguson had been married to a non-Jew.

Long before Alaska had a purpose-built synagogue, the Jewish plot at Clay Street had already begun preserving the names of Jews who lived and died in the territory.

The six graves within the plot preserve fragments of a largely forgotten Jewish world built around mining camps, frontier trade, military outposts and isolated immigrant lives. Together, they show how Jewish life appeared in one of the most remote corners of the United States, often before the institutions that sustained it elsewhere.

Ferguson’s funeral itself reflected that improvisational frontier Judaism. According to accounts published at the time, her Jewish identity only became widely known after her brother, Joseph Wishengrad of Catskill, New York, contacted a Fairbanks funeral chapel and requested that she be buried according to Jewish law.

Alaska’s only rabbi, military chaplain Jacob Rubenstein, happened to be away visiting Jewish servicemen stationed at remote military installations. In his absence, Jack Frankel — a former Biloxi, Mississippi, resident working for the United Service Organizations-Jewish Welfare Board — helped officiate the service alongside Robert Bloom, a former Klondike Gold Rush miner who later opened a hardware and general merchandise store in Fairbanks.

Jewish newspapers reported that the cemetery plot had not been used for more than 25 years because many Jews who died in Alaska were sent “to the states” for burial instead.

Before Ferguson, the most recent burial there had been Gussie Beckman in 1939. Born in New York in 1882, Beckman operated the Palace Baths and the Palace Liquor Store on Fourth Avenue in Fairbanks. Her obituary noted that “nothing is known in this city of any surviving relatives.”

Her funeral demonstrated how tenuous Jewish communal life in Alaska could be: a Christian minister, Rev. Rudolph G. Fitz, conducted the service, while Leonard Newman, a University of Alaska mining engineering student from New York City, read the burial prayers. Her pallbearers included future state senator John B. Hall, Deputy Marshal Pat O’Connor and other Fairbanks civic figures.

Other graves preserve similar fragments of frontier life.

Thomas Robin, a Romanian-born immigrant who arrived in Alaska in 1893, was buried in 1923 under the auspices of the Pioneers of Alaska, a fraternal organization founded by early settlers in the territory. His obituary identified him as a member of the Iditarod Igloo chapter.

Julia Warren, buried in 1929, lived near the Mason Creek gold mine and died in an automobile accident alongside three others. Her husband worked as a miner.

Anna Marks, who died in 1915, received a public funeral in Moose Hall, reflecting how civic lodges and fraternal organizations often doubled as gathering places in frontier towns where formal Jewish institutions scarcely existed.

Little survives about David Hurvitz, who died in 1920, beyond a brief bankruptcy notice published years earlier.

And that absence itself forms part of the story. The record preserves only fragments: names, occupations, scattered newspaper clippings and weathered gravestones. Yet together they reveal that Jewish life in Alaska did not begin with synagogues or other organized institutions. It began with individuals — merchants, miners, and immigrants — carrying pieces of Jewish identity into an isolated region where religious infrastructure barely existed.

Alaska’s first purpose-built synagogue, Congregation Beth Sholom in Anchorage, would not be dedicated until 1965, more than a decade after Lena Ferguson’s burial and nearly 360 miles south of Fairbanks.

Clay Street Cemetery eventually closed to new burials as Fairbanks shifted to Birch Hill Cemetery after 1938. In 1982, the historic cemetery was added to the National Register of Historic Places.

Today, Jewish life in Alaska is more visible than it once was. Congregation Or HaTzafon was founded in Fairbanks in 1980, and Chabad established a center there in 2024. The closest active Jewish cemetery is now in Anchorage.

The six graves at Clay Street remain among the earliest surviving records of Jewish life at the edge of America.

The post At the edge of America, six Jewish graves endure appeared first on The Forward.

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Texas candidate’s antisemitic rhetoric sparks outrage ahead of Tuesday runoff. Did it fuel her rise?

(JTA) — When Maureen Galindo finished first in a crowded Democratic primary for a newly redrawn South Texas congressional district in March, the result surprised even seasoned observers of San Antonio politics.

With voters set to decide the Democratic nomination Tuesday, as Galindo faces off with sheriff’s deputy Johnny Garcia, local officials and political observers are grappling with how a little-known candidate with a history of inflammatory remarks about Israel and Jews has come within striking distance of a seat in Congress.

The local housing activist went into the race with little political profile, having received less than 3% of the vote in a San Antonio City Council race last year. Local officials familiar with the contest chalked up Galindo’s success to a litany of factors, including low voter awareness of the candidates and a newly drawn Republican-leaning district that attracted few high-profile Democratic contenders.

What they did not credit for her success was her antisemitic rhetoric. While the race heading into Tuesday night’s runoff has been defined by scrutiny and criticism of Galindo’s views toward Zionists, local political analysts and activists told the Jewish Telegraphic Agency that her controversial positions were not widely known ahead of her March win and, if anything, are hurting her chances against Garcia.

Israel is a growing flashpoint in a number of Democratic primaries across the country, and several candidates have drawn allegations of antisemitism as they employ harsh criticism of Zionism. Galindo’s rhetoric has been even more extreme – including vows to turn a local immigrant detention center “into a prison for American Zionists” – but San Antonio political observers caution against lumping her early success in with the recent wins of progressive candidates in urban districts.

Jon Taylor, a political science professor at University of Texas San Antonio, told JTA that Galindo’s antisemitic rhetoric had been largely unknown at the time of the primary.

“What I can tell from previous candidate forums, she talked about the 1%, she talked about going after Trump and ICE,” Taylor said. “None of the stuff on Zionism, from what I could tell, was ever mentioned.”

Now that her antisemitic tirades have received so much attention, Taylor predicted they would turn off voters in the socially conservative district, where elections are usually driven by pocketbook issues.

“To be honest, talking about Israel, talking about some sort of Zionist conspiracy, is not what voters are looking for,” Taylor said.

Galindo has previously told local outlets that it was her “perception that Zionist billionaires run the world” and posted on social media that “ZIOS=GENOCIDAL EUROPEAN COLONIZER FREAKS,” After Texas Senate candidate James Talarico revealed to JTA that he would not back or campaign with Galindo, she told JTA that “coordinated media attacks declaring my anti-Zionist rhetoric as anti-Semitic” were “causing MORE harm to the Jews of San Antonio by playing into all the stigmas that they own the media.”

Galindo, who has raised almost no direct funding for her campaign, has benefitted from an opaque, newly formed Political Action Committee, which Democrats are charging is Republican-backed.

For some Jewish Democrats, the purported GOP-backed funding is evidence that Galindo’s anti-Israel rhetoric is a political liability rather than a strength.

“Republican dark money groups are spending big to elevate anti-Israel Democratic candidates who are out of touch with voters — because they’d rather face a weaker opponent in races that will decide the House majority in November. It’s cynical and it’s disturbing,” the president and CEO of the Democratic Majority for Israel, Brian Romick, said in a statement to JTA.

Taylor noted that the GOP would only be promoting Galindo because the party wants Democrats “to nominate the worst candidate possible,” backing up the notion that her views are not appealing to voters.

The newly launched Lead Left PAC, which has not disclosed its donors, has spent more than $900,000 on ads and mailers promoting Galindo. Campaign finance watchdogs accuse the group of structuring its activity in a way that allowed it to bypass donor disclosures before voters cast their ballots.

Last week, the Campaign Legal Center filed a complaint with the Federal Election Commission accusing the PAC of having “strategically gamed federal reporting deadlines” in order to not disclose the sources of its funds ahead of the primaries.

The alleged GOP interference in the Texas race also spurred a row between the Republican Jewish Coalition and the Democratic Majority for Israel, which, after it called on Democrats to condemn Galindo, asked the RJC if it would “condemn the Republican Super PACs promoting her?”

The RJC, Texas GOP and Winred – a Republican donation platform that reportedly was at one point linked in the metadata for the website of Lead Left PAC – did not respond to a request for comment from JTA.

A local Democratic Party official familiar with the race told JTA in an emailed statement that it was likely voters did not know much about Galindo ahead of the race, but that with “more knowledge and media attention, voters are now much better equipped about their choices.”

The race has unfolded against the backdrop of a major Republican redistricting overhaul. Congressional District 35, where Galindo is competing, was impacted so heavily that the incumbent Rep. Greg Casar is now running for a different seat, while roughly 43% of residents of Bexar Country, which the district partially covers, were placed in a new district, according to the San Antonio Report.

On Wednesday, a host of Texas Democratic Party leaders released a joint statement decrying Galindo’s rhetoric, writing that her comments “do not reflect our values as Democrats or as Texans.”

Casar, who chairs the U.S. House Progressive Caucus and currently represents much of the district, made the unusual move last week of endorsing Garcia, Galindo’s moderate runoff opponent, telling the San Antonio Express-News that Galindo’s “very inappropriate remarks” sealed the deal.

“I’m a progressive Democrat. Johnny has been endorsed by the more conservative Blue Dogs. But we can all agree that he’s the candidate who can win this race,” Casar told the outlet.

Rabbi Mara Nathan, the senior rabbi of Temple Beth El, a Reform congregation in San Antonio, told JTA that she did not think Galindo had drummed up support heading into her campaign from voters over her antisemitic rhetoric, adding that “if that had been the case, we would have heard about it much earlier on.”

She explained, “An alarm would have been sounded pretty early, and not necessarily from Jewish people, but from other people in the San Antonio community who are our friends and allies.”

Looking to Tuesday’s primary, Taylor said he believed the public spotlight on Galindo’s remarks had changed the race by making voters more aware of her record.

“With this animus now out there and highly visible, people are really alerted to the danger of this woman and what her rhetoric could mean,” Taylor said.

This article originally appeared on JTA.org.

The post Texas candidate’s antisemitic rhetoric sparks outrage ahead of Tuesday runoff. Did it fuel her rise? appeared first on The Forward.

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Trump announces he has ‘largely negotiated’ Iran deal, Strait of Hormuz opening

(JTA) — President Donald Trump announced in a post on Truth Social Saturday afternoon that a deal with Iran had been “largely negotiated,” despite saying earlier in the day that he was undecided on whether to agree to a proposal or resume strikes.

Trump described the deal as a “Memorandum of Understanding pertaining to PEACE” that was “subject to finalization” by the United States, Iran and other countries that participated in talks on Saturday. He noted that he’d “just had a very good call” with Saudi Arabia, the United Arab Emirates, Qatar, Pakistan, Turkey, Egypt, Jordan and Bahrain.

Trump said in his Truth Social post that, separately, he had spoken with Israel Prime Minister Benjamin Netanyahu in a conversation that “went very well.” There was no immediate statement released by the Prime Minister’s Office following Trump’s post.

“Final aspects and details of the Deal are currently being discussed, and will be announced shortly,” Trump added.

In the post, Trump said the deal would include the opening of the Strait of Hormuz, though a widely reported quote from Iran’s Fars New Agency, which is close to Iran’s Islamic Revolutionary Guard Corps, said that Trump’s assertion was “incomplete and inconsistent with reality” and that the strait would remain under Iranian control.

Trump’s announcement comes over a month since he unilaterally extended a fragile U.S.-Iran ceasefire in April.

The announcement did not make mention of Iran’s nuclear program or highly enriched uranium, which Trump has previously stressed must be included in a deal.

Trump’s announcement came hours after he told Axios that he was a “solid 50/50” on whether he would be able to make a “good” deal with Iran, or else “blow them to kingdom come.”

Trump also told Axios that Netanyahu was “torn” over the potential deal but rejected the idea that the Israeli leader was “worried” that he might strike an unfavorable agreement.

This article originally appeared on JTA.org.

The post Trump announces he has ‘largely negotiated’ Iran deal, Strait of Hormuz opening appeared first on The Forward.

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