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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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Queen Esther would want Jews to save humanity at their own expense, said Michigan’s attorney general. Would she?

Queen Esther has been name-checked not once, but twice in the last week by sitting politicians in New York and Michigan in addresses to Jewish constituents. The first reference passed largely without notice. The second caused a national Jewish uproar.

Promising better protections for the Jews of New York, Governor Kathy Hochul said Friday night during Shabbat services at Central Synagogue that she was willing to “be your Esther, every time you need me.” A bit ironic as Hochul, who is Catholic, invoked the story of a Jew in disguise, but the metaphor tracked: a leader going to bat for a vulnerable Jewish community. Central had been the site of an attack on a congregant and security guard two weeks prior.

Michigan Attorney General Dana Nessel took a different tack — and paid a price. Nessel, who is Jewish, has voiced concerns about antisemitism in her party. But in a speech Sunday to Jewish Democrats, Nessel suggested they follow Esther’s path and “sacrifice the comfort, safety and security and even the very future of our own people in exchange for the opportunity to save the rest of humanity.”

“What good is defending the historic homeland of our ancestors and demanding that candidates acknowledge its right to exist,” Nessel reportedly said, “if the planet upon which it rests is no longer inhabitable?”

What followed was a borderline Ahaseurus-ian backlash as Jews around the country decried Nessel’s interpretation of the Megillah. Writing in the conservative publication Commentary, Seth Mandel said Nessel had “counseled servitude and suicidality.” Ron Halber, chief executive of the Jewish Community Relations Council of Greater Washington, called Nessel “an embarrassment.”

The comparison came as Michigan’s Jewish Democrats, including Nessel, navigate a tenuous political reality in the swing state following the party’s nomination of Abdul El-Sayed, a vocal critic of Israel, for Senate. Nessel had hoped both to reassure Jewish voters and rally their support in a meeting where El-Sayed also apologized for earlier comments about an attack on a Michigan synagogue.

Nessel made waves earlier last month when she said she would skip the state’s Democratic convention out of concern for her safety. Her comments Saturday seemed to cast those remarks in a new light: to many who read them, Nessel seemed to be saying that Jewish people should learn to hide, rather than rise to the occasion. (Nessel’s office did not respond to an inquiry Tuesday.)

That’s certainly not the story of the Megillah. For the uninitiated (or just forgetful): With the Jewish people in imminent danger, Queen Esther boldly (but carefully) reveals to the king her identity as a Jew, underscoring that the viceroy’s known genocidal plotting in fact affected her. As she does so, Esther repeatedly imperils herself — a standard some were eager to point out Nessel herself missed by sitting out the convention.

It’s easy to point to Nessel’s reading as an inversion of a story that seems to insist on a particularist reading. Or one could admire an ambitious attempt at universalizing the text: Maybe Nessel was saying that Esther put the needs of a nation — the Jewish nation — above her own safety, knowing that she could have lived the rest of her life in secret. The United States is the Jewish people in this analogy; Jewish Democrats, by subjugating their immediate security, are Esther. (Haman, the story’s villain, is the spectre of Republican control.)

Or maybe the Purim lesson Nessel was trying to invoke was even simpler: With great power — as Michigan’s Jewish Democrats may have in a close race — comes great responsibility. That’s Spiderman, but also Esther’s relative Mordechai, who famously helps her work up the nerve by suggesting her ability to intervene could be the very reason she was chosen for royalty in the first place.

Esther is often the subject of pop-culture fascination: 17th-century Dutch painters were obsessed, for example, including non-Jewish ones. Contemporary Christian playwrights seem to be, too, as do red-state school curriculums. Evangelicals once compared Trump to Esther — a fearless hero who would dismantle the deep state — and former Vice President Kamala Harris invoked Esther on the campaign trail in 2024.

The common thread in this history, more than anything else, is Esther’s reinvention to suit a self-serving political narrative. For the Dutch — at the time newly liberated from Spanish empire — Esther represented resilience in the face of persecution; for the Christian right, she is a flawed but valorous normie who fulfills a holy mission. For Hochul and Harris (and maybe Nessel, too), she’s a woman who meets the moment.

She’s also the title character of a helluva story — and a familiar one — which makes her as eminently useful to people today as she was to her famously insecure husband in the Megillah. If one thing seems assured, it’s that Esther will continue to feature in our own storytelling — and that she will continue to change with the times.

The post Queen Esther would want Jews to save humanity at their own expense, said Michigan’s attorney general. Would she? appeared first on The Forward.

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She was elected the first Jewish president of the Catholic Biblical Association. Then came the hate.

When Amy-Jill Levine was elected president of the Catholic Biblical Association earlier this month, she faced vicious backlash.

Those who opposed her election couldn’t exactly point to a lack of qualifications. Levine has written dozens of books on the New Testament, taught a New Testament course at the prestigious Pontifical Biblical Institute in Rome, served on the editorial board of Catholic Biblical Quarterly and spoken privately with Pope Francis three times.

Instead, her critics fixated on one trait they apparently consider disqualifying: She’s Jewish.

“Your Zionist ass doesn’t belong in our religion. Keep yourself to the Talmud and keep eating babies. STAY THE FUCK AWAY FROM CHRISTIANITY,” someone wrote in an email to Levine, which she shared with the Forward.

Levine’s Facebook page was bombarded with so much hate that she asked her daughter to moderate the comments. Online critics called Levine “anti-Christian,” denounced her as “Zionist,” and attacked her efforts to push back against antisemitic interpretations of the Bible.

On its face, a Jew at the helm of a professional association devoted to the study of Christian scripture might seem odd. After all, the Catholic Bible Association, unlike some other academic associations for the study of scripture, promotes study of the Bible “within a context of faith,” and most of the association’s presidents in its 90-year history have been priests. Levine attends an Orthodox Jewish synagogue.

Some more even-keeled critics of Levine’s presidency focused on this argument. “At some point, we have to ask: what is the word ‘Catholic’ actually doing?” Mark Lambert, co-host of the podcast Catholic Unscripted, posted to X.

Levine, meanwhile, argues that the Catholic Biblical Association is a professional society, not a church. People of all faiths are eligible for membership, as long as they hold an advanced degree in biblical studies.

“An academic society, like a hospital, museum or university, is not the same thing as being a member of the clergy,” Levine wrote in an email to the Forward.

In fact, while Levine is the first Jewish president of the Catholic Biblical Association, she is not the first non-Catholic. Several Protestants have served in the role, according to chair of the executive board Gregory Sterling.

Levine was nominated by a committee and then ran unopposed for the presidency, Sterling said. It is an unpaid, one-year position.

“She was not elected because she is Jewish, but because she is an exceptional scholar and has played a very important role in Catholic-Jewish dialogue,” Sterling and the association’s executive director, Archie Wright, wrote in a joint statement. “The vitriol of some of the comments only reinforces the need to address the problem of Anti-Semitism.”

Several Catholic clergy also wrote letters of support for Levine amid the pushback.

Levine, for her part, said she has “no interest in undermining the Church.” The 70-year-old grew up in North Dartmouth, Massachusetts, in a predominantly Portuguese Roman Catholic neighborhood, where she would occasionally go to Mass with her friends.

She preferred Mass to synagogue because “there were snacks, except you got the snacks in the church during the service, and you got the snacks in synagogue after the service,” she joked in an August interview on Nashville Public Radio.

Levine recalled that when she was 7 years old, a classmate told her she had killed Jesus — an accusation the elementary schooler had picked up from her priest. Levine, confused, went to her mother, who assured her that “God was doing just fine.”

That incident inspired Levine to attend Catholic catechism classes as a child, in addition to Hebrew School.

She went on to get a PhD in religion from Duke University and teach at Vanderbilt University as a professor of both the New Testament and Jewish Studies. Much of her scholarly work revolves around the Jewish context of Jesus and dispelling what she sees as antisemitic misinterpretations of the Bible.

“We do not need to make Judaism look bad in order to make Jesus look good,” Levine posted on Facebook after she was elected.

Catholic-Jewish relations

Sixty years ago, Levine’s election “would have been an astonishing thought,” said Philip Cunningham, director of the Institute for Jewish-Catholic Relations at Saint Joseph’s University in Philadelphia.

Though the Catholic church has a long history of antisemitism— including violent conversion efforts and teaching the theological belief that Jews were condemned by God — that has all changed in recent decades.

In the 1960s, Pope John XXIII took on the task of modernizing the Church, convening the Second Vatican Council to produce a theological document reconsidering many teachings and practices. The resulting document, often referred to as Vatican II, is perhaps most famous for allowing priests to host Mass in the local vernacular language of their parish instead of Latin. But it also changed Catholicism’s teachings about Jews.

Nostra Aetate, the section of Vatican II most famously concerned with Jews, shifted Catholic teachings about other religions enormously; while still maintaining that the Catholic Church is the “one true religion,” it also affirmed that other religions contain a “ray of truth,” a massive theological shift from the belief that any non-Catholic religion was false or even harmful.

Nostra Aetate spends significant time on Jews, specifically, including rejecting the belief that Jews should be held collectively responsible for killing Jesus. The document calls out antisemitism both theologically and politically.

“What happened in His passion cannot be charged against all the Jews, without distinction, then alive, nor against the Jews of today,” it reads. “The Jews should not be presented as rejected or accursed by God, as if this followed from the Holy Scriptures.”

Since Vatican II, popes have continued to advance dialogue with Jews, and with members of other religions. And the Church has forcefully rejected antisemitism, continuing to change its teachings on Judaism and Jewishness. That includes removing the term “perfidious Jews” from a Good Friday prayer, updating Catholic school classes on Judaism and even releasing statements acknowledging the legitimacy of Judaism alongside Christianity, placing Jews into a special and elevated relationship with the Church.

“The council set in motion a process of rapprochement between Jews and Catholics that took root particularly effectively in the United States, because the world’s largest Jewish diaspora community lives here and frequently alongside Catholics in cities and suburbs,” Cunningham said.

Levine, too, highlighted the importance of Nostra Aetate to her career, writing in an email that the document’s acceptance of Jews “opened the door for me to work in New Testament studies.”

But not all Catholics embraced the teachings of Vatican II. A diffuse movement often referred to as traditionalist Catholics, or tradcaths, felt that the efforts toward modernization had gone too far. Some tradcath groups simply sought to preserve the rituals of Latin Mass.

Others, however, including the recently excommunicated Society of Saint Pius X, or SSPX, take issue with the council’s teachings, believing that acknowledging the freedom and legitimacy of other religions takes away from the centrality of the Catholic Church’s teachings. In short, if the Catholic Church’s teachings are true, they argue, then no other religion can be legitimate.

The French-language account of SPPX posted to X, calling Levine an “objectively scandalous choice” and denouncing her “relativist interpretation of the texts condemning homosexuality,” as well as the fact that “a person who refuses to recognize Jesus Christ as Lord and Savior is placed at the head of an institution that claims to be Catholic.”

Despite the newer Catholic teachings about Judaism, some tradcath groups, as well as individual Catholic influencers such as Nick Fuentes, Candace Owens and Carrie Prejean Boller, have been endorsing antisemitic beliefs including supersessionism and deicide, as well as conspiracy theories about Jewish devil worship or government control. Though the Vatican has chastised these figures and repudiated their stances, they have continued to spread antisemitic dogma, including the belief that Jews hate and seek to oppress Christians and that Kabbalah endorses pedophilia. Many also endorse Christian nationalism, which the Vatican opposes.

This antisemitic subgroup within Catholicism is relatively small, but extremely visible thanks to influencers like Fuentes and Owens with millions of followers, and their understanding of Catholicism spreads to people both inside and outside the church. Their antisemitic version of Catholic ideology, as well as the conspiracy theories they spread, can be seen in some of the hate emails Levine received, such as references to eating babies, a version of the age-old blood libel that Jews used Christian children’s blood to make matzo.

Still, while the antisemitic fringe of the Catholic church is loud, the institutions are stalwart in their support for Vatican II’s acceptance of Judaism.

Levine’s election is an indication “that the changes that Vatican II sought to inspire have been happening,” Cunningham said. “That does not mean that all the issues between Jews and Catholics have been resolved — but at least amongst the much of the leadership in the Catholic community, the old stereotypes and caricatures are recognized for what they are.”

The post She was elected the first Jewish president of the Catholic Biblical Association. Then came the hate. appeared first on The Forward.

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Northeast Philadelphia says goodbye to its last Jewish deli

(JTA) — PHILADELPHIA — After running the family deli for several decades, Steve Stein says his 83-year-old legs were telling him it was time to call it quits. But it wasn’t only that.

The neighborhood has totally changed since his dad, Mike, first took over the business more than 60 years ago. Back then Northeast Philadelphia was an epicenter of Jewish life, packed with synagogues and other Jewish establishments. Most of them are gone. And now — with the close of Steve Stein’s Famous Deli and Restaurant — the area just lost its last Jewish deli.

But only after an outpouring of affection from longtime customers, who flocked to the place once news spread  in the last few weeks. “It’s overwhelming,” Stein said.  “The amount of people that came in here in the last 10 days, two weeks. Their comments are very touching. I knew I was liked. I didn’t know I was loved.”

To be sure, several customers told the Jewish Telegraphic Agency that they’ll miss Stein, but they also bemoaned the fact there aren’t many Jewish food options left. Certainly none with prices as low as Famous.

“I’ve been going there my whole life, “ said Rebecca Asheuer, who grew up a few miles away from Famous’ current location — its third since the Steins took over the business. “I feel surprise and sadness, because it’s the last one in the Northeast.

“I think the Jewish people are moving out of the city and also the businesses used to be passed down in families. Now with the economy and other stuff, people don’t want to take over the family business anymore,” she said.

Another longtime customer mourned the closing of the deli, but also the disappearance of Jewish life in the area.

“I kind of expected it to go sooner or later,” said Aileen Owens, who remembered going to Famous when the Auspitz family ran over six decades ago. “There’s nobody around.  Synagogues and all that stuff, it’s all fading out. They went to the suburbs.”

According to Steve’s account, his father Mike Stein, his brother Arnold and cousin Jack began running the produce concession at the Famous Deli in Philly’s Castor Gardens neighborhood in the late 1950s. Around 1960, they bought the deli from the Auspitz family, which had operated a chain of Philadelphia delis dating to the 1920s.

Steve and his brother Arnie eventually ran the deli together. As Jewish families moved farther into Northeast Philadelphia, the deli moved as well — first to Krewstown Road in the mid-1970s, eventually having two locations there, and then about 14 years ago to its final location at 1619 Grant Ave.

If all goes right, Steve’s 57-year-old son Lee hopes to continue the migration and resurrect the family business in the suburbs. Sort of.

“I’m looking to have a place of my own,” said Lee, who started off as an eight-year-old taking out the trash, but would occasionally try to cut the lox when no one was looking. “I have a lot of experience in this business.

“I call myself multi-talented, not just in the deli business, but in cooking and baking, I would probably downsize and not do fruit and produce like we do here. It’s just not worth, you know, the space for what you’re paying. I would do a similar situation to here. Deli, prepared foods, a little bit of bakery, a small sit down. But what I’ve told the people that come in here, ‘You’ll never, ever see some of this product again. And you’ll probably never, ever see these prices ever again.’”

Still, he wants his new venture to be affordable.

“My father always liked being a people-pleaser,” the younger Stein said. “So he tries to please people with a price. But that price affects you eventually.”

As for Steve, he wishes his son well, but knows it won’t be the same. “Lee wants to try something, but not here,” Stein said.

He added that some remaining establishments in the wider region – “they do 90% restaurant and 10% deli, I do 90% deli and 10% restaurant” – will “benefit from me not being here.”

One former competitor isn’t so sure. “I’m upset another Jewish deli has closed and he’s been in business a long time and certainly has his whole clientele,” said Michael Young, longtime owner of Ben & Irv’s, a deli restaurant in Huntingdon Valley, a suburb about 20 minutes northwest of Famous. “But it’s a different world today; a different area. So I don’t know if it will help us.”

Lee Stein said he actually tried to stay put, but needed a little help.“The real problem is the landlord never took care of the building,” said Lee, who wishes his dad had been more assertive on that front. “I tried to make it work here with them, figuring this would be an easy fix. I asked them for some renovations; to put a new roof on. The roof has several holes in it. When it rains outside, it pours in here. So, I tried to negotiate with them first before I did anything else, but that wasn’t going anywhere.”

JTA’s attempts to reach the landlord for comment were unsuccessful. Regardless, Steve Stein, who was forced to close the deli for a short while last year due to health code issues, says he is ready to turn the page.

The first thing he’ll do once things settle down is get therapy on his aching legs. And he’s excited to have more time to devote to his wife of 61 years, Sheila, along with his children, Lee and Mindy, seven grandchildren and two great-grandchildren. “But I’ll miss my customers. They’re like family.”

Already he’s feeling the difference  “It’s devastating,” he said on Aug. 24, the day after the store officially closed, amid a final “blowout sale” to get rid of what little was left. “I’m usually the first one in the store.

“It’s going to be very much missed by me.”

He’s not the only one.

“Nothing lasts forever,”  said one customer before heading into Famous one last time. “But it’s very sad.”

This article originally appeared on JTA.org.

The post Northeast Philadelphia says goodbye to its last Jewish deli appeared first on The Forward.

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