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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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AIPAC attacked a Democrat for funding ICE. Now it’s backing one who voted the same way.
AIPAC’s super PAC is spending big to boost Rep. Haley Stevens in Michigan’s Democratic Senate primary — over a record that includes the same ICE funding vote the group used to attack a different Democrat earlier this year.
Stevens is one of three leading candidates in the primary, running against progressive insurgent Abdul El-Sayed, who called the Israeli government “evil” like Hamas, and state Sen. Mallory McMorrow. A new 30-second ad from AIPAC’s super PAC, the United Democracy Project, praises Stevens for confronting Trump’s immigration policies — citing legislation she introduced to create an independent prosecutor for ICE misconduct, and her calls for then-Homeland Security Secretary Kristi Noem to resign.
The ad is part of a multimillion-dollar campaign to boost Stevens, a longtime AIPAC ally, whom the group helped elect in 2018 and reelect in 2022.
But the message is hard to square with AIPAC’s own record elsewhere. Earlier this year, the group spent more than $2 million attacking former Rep. Tom Malinowski in a New Jersey special election for voting to fund ICE as part of a bipartisan border bill. “We can’t trust Tom Malinowski to stand up to President Donald Trump,” that ad said. Stevens voted for the same funding bill. Last June, she also voted for a House resolution thanking ICE agents “for protecting the homeland.”
An AIPAC spokesperson and a UDP representative did not immediately respond to explain why the vote to fund ICE was presented as a liability in Malinowski’s race but not in Stevens’ case.
AIPAC has spent years cultivating ties to Trump-aligned Republicans, many of whom strongly support aggressive immigration enforcement.
The Israel-boosting organization’s brand has become increasingly controversial among mainstream Democrats in recent years. Congressional candidates, including some Jewish Democrats, have promised not to take contributions from AIPAC. Last month, New York City Mayor Zohran Mamdani used the word “monsters” to describe AIPAC at a rally for progressive candidates he backed, all of whom won their primaries.
In the Michigan race, shaping up as one of the starkest tests of the Democratic coalition and how the party navigates policy towards Israel in Congress, United Democracy Project has already spent $10.7 million backing Stevens, making the Michigan contest one of its largest Senate investments this election cycle. AIPAC also raised several million dollars for Stevens by directing its donors to online portals that funnel money directly to the candidate’s campaign, effectively erasing its fingerprints in public data.
McMorrow has the endorsement of J Street, the liberal Zionist advocacy group that supports a two-state solution. The Jewish Democratic Council of America issued a rare dual endorsement of Stevens and McMorrow.
El-Sayed, the progressive frontrunner, is increasingly trying to transform AIPAC’s investment in the race into a centerpiece of his campaign message. Backed by Sen. Bernie Sanders, El-Sayed has released videos accusing AIPAC of attempting to buy Democratic elections and police debate over Israel. In recent months, he has also reached out to Jewish voters while seeking to channel the energy of the 2024 Uncommitted movement, which protested the Biden administration’s support for Israel in the war against Hamas in Gaza. The state is home to the largest concentration of Arab Americans in the United States. Jewish voters make up just 1.4% of the electorate in the state.
Arno Rosenfeld and Hannah Feuer contributed to this article
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Adam Sandler officiates Taylor Swift-Travis Kelce wedding, fueling theories about singer’s Israel stance
(JTA) — A Jewish comedian who played one of cinema’s most notable Israeli characters took center stage — literally — at Taylor Swift’s wedding at Madison Square Garden on Friday.
Adam Sandler officiated the ceremony between Swift and Kansas City Chiefs tight end Travis Kelce, a spokesperson for Swift confirmed to media after the wedding.
The event included a wide range of Jewish attendees, including the Haim sisters, who recently attended a Knicks game with Swift; the writer and actor Lena Dunham; Joshua Kushner, the businessman whose brother Jared is a top Middle East advisor to President Donald Trump; and Kelce’s former teammate Mitchell Schwartz.
Sandler’s presence in particular fueled criticism from anti-Israel voices, who argued it was significant that someone who has described himself as “very pro-Israel” officiated the wedding. Sandler has discussed his friendship with Swift and Kelce publicly, saying that it developed through his daughters, who are Swift fans.
Swift has largely avoided wading into polarizing political issues, and her outlook on the Israeli-Palestinian conflict has been a source of confusion for many fans, who have struggled to interpret her silence on the topic at a time when many celebrities have publicly voiced support for Gaza. Her decision not to publicly criticize Israel is seen as having bolstered her popularity among Israelis. At the same time, some pro-Palestinian fans have decried her silence and protested at her concerts, while others have speculated that she is privately pro-Palestinian but has avoided speaking out for fear of alienating fans.
“For all the Swifties defending Taylor Swift regarding her silence on Palestine she had Adam Sandler … a well-known Zionist, officiate her wedding so I think we know where she stands now,” tweeted an account called Land Palestine that had nearly 2 million followers on Instagram before being suspended last year.
“They’re all Zionists, clearly, and no doubt about it,” tweeted the Oxford University student Kate Crawford, a prominent pro-Palestinian voice on X who identifies as partly Jewish.
Some pro-Israel voices joined in the speculation. “I wonder if she is publicly aligning herself with certain people for a soft launch of her views. If she were to say some pro-Israel or pro-Jewish things, I think it could go a long way amongst the younger generation,” wrote one user on Reddit’s “Jewish” forum, in a post that was deleted but yielded nearly 200 comments parsing Swift’s possible Israel attitudes. (Among the evidence offered for possible pro-Israel leanings: She and Kelce recently dined at a buzzy Israeli restaurant. But other commenters noted that Gigi Hadid, a Palestinian-American celebrity who has spread anti-Israel rhetoric, was also at the wedding.)
The chatter about the wedding and Israel swelled so much that the parody account Buzz Crave riffed off of it with a viral post proclaiming: “Taylor Swift and Travis Kelce have left the U.S. for Israel to start their honeymoon.”
Like Swift, Sandler is not among the celebrities to engage in activism on Israel or Gaza. In fact, Sandler — whose early hits included “The Hanukkah Song” — is not known to have visited Israel, after disclosing in a 2022 interview that he had never traveled to the country of one of his signature characters. He played Zohan Dvir, an Israeli soldier who prefers partying to war, in the 2008 comedy “You Don’t Mess With the Zohan.”
Sandler made the “very pro-Israel” comment in 2015 while criticizing artists who boycott Israel during an appearance on Howard Stern’s radio show. He has said little publicly about Israel since the immediate aftermath of Hamas’ Oct. 7, 2023, attack that began the war in Gaza, when he said his “heart is shattered” and signed onto an entertainment industry letter calling on then-President Joe Biden to help return the Israeli hostages taken by Hamas.
For some, the reaction to Sandler’s officiation added to a growing sense that no Jewish figure can escape being targeted by anti-Zionist activism. “You can stay silent. You can avoid politics. You can try not to get involved,” the pro-Israel influencer Ran Alkalay posted on Instagram. “For antisemites, none of that matters.”
For other Jewish voices commenting on the wedding, the guest list was immaterial. On Facebook, Rabbi David Glickman of Kansas City noted that Swift and Kelce had doled out $26 million in charitable gifts ahead of their nuptials.
“Jewish tradition says that a bride and groom have the ear of God on their wedding day — so the couple will say silent prayers for folks in need. I’m grateful your prayers weren’t only silent,” Glickman wrote. “You gave an example for all of us that personal celebration is made greater through tzedakah and generosity. Your charitable gifts are more impressive than a wedding at MSG — I hope it will get the same publicity.”
This article originally appeared on JTA.org.
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In the pickles and babka of Williamsburg and the Lower East Side, a glimpse of a lost New York
It was an early Sunday morning when my grandmother and I arrived at Sander’s Bakery in South Williamsburg for a “Pickles and Babka” food and culture walk through Williamsburg and the Lower East Side.
Since 2024, Sammy, our leader, has been showing off his favorite kosher food spots on @kosher.hopping, an Instagram account, which now boasts more than 17,000 followers and features a variety of mouthwatering dishes — including kosher sushi, kosher smashburgers and historic businesses like the ones we would be visiting.
It was Sammy’s last stop in Williamsburg of the season: Business owners were already closing up shop for the summer and heading upstate.
As our group gathered — city natives along with visitors from Westchester and Long Island — Sammy described South Williamsburg as a glimpse of what the Lower East Side used to be. Unlike the Lower East Side, which has experienced gentrification in recent decades, this neighborhood has retained its distinctly Jewish identity since immigrants first crossed over the Williamsburg Bridge.
When my grandmother and I entered Sander’s, opened by a Holocaust survivor in 1959, the smell of yeast and chocolate was so tantalizing that we couldn’t help but purchase a Danish and cherry turnover before the tour even began. We then tried slices of chocolate and cinnamon babkas, which were rich and nutty.
As our group walked towards Flaum’s, an appetizing store reminiscent of Russ & Daughters, but kosher — buses lined the streets, each bound for a different yeshiva. There was a grocery store at each corner, shops with beautiful silverware and strings hung up to designate the eruv. At the shop, we sampled small cheese danishes and sugar cookies with custard. The cookies were my favorite “bite” of the tour; they were sweet with great texture, and the custard provided a necessary moistness.
When we walked to the subway to head to the Lower East Side, the neighborhood took a decidedly different turn. All at once, the local businesses and Yiddish signs were gone and replaced with fast food chains. As we climbed up the steps and the train pulled into the station, we returned to the city’s usual chaos, leaving Williamsburg behind.
Upon exiting the subway, we made a pit stop at Essex Street Market. Its origins stem from Jewish open air markets that were once crowded with pushcarts. Under Mayor Fiorello LaGuardia, these sellers were forced to move inside. The original indoor market, located across the street from its present-day location, retained its Jewish character, but the market doesn’t currently house any kosher vendors.
As we continued on to our remaining stops, I felt aware of what was lost. Entering The Pickle Guys, located on the corner of Grand Street and Essex Street, a deliciously briny smell filled the air from the dozens of barrels at the center of the shop. We tried pickled corn and carrots and — my favorite — mango, which had a delightfully spicy aftertaste.
We could feel the presence of what was formerly “Pickle Alley”: the neighboring road that featured more than 80 vendors. Now, The Pickle Guys is the last pickle shop left in the Lower East Side. Even the pickles, made with plastic barrels, are not what they once were; Sammy told us that the New York Department of Health banned wooden barrels in the 1970s, and even now vendors swear that they don’t taste the same.
We ended our walk at Moishe’s Bakery, the last kosher bakery on the Lower East Side. Many Jews still live near the bakery; the community mikveh is in the building across the street. Until it closed this year, East Side Glatt, the neighborhood’s last kosher butcher, was located right next door to Moishe’s.
Though The Pickle Guys had been packed, Moishe’s felt intimate and at the center of a community, like the shops we visited in Williamsburg. We tried chocolate and poppy seed versions of Kokosh cake, loaves similar to babka that stem from Hungarian origins. We also picked up some of my dad’s favorite rainbow cookies to bring home with us.
After the tour, I made my way to Eldridge Street Synagogue’s “Egg Rolls, Egg Creams, and Empanadas” festival. On the way, I walked past the old Forward Building, which once bustled with whirring printing presses and Yiddish-speaking reporters. A large graffiti “JET” had been painted on the side of the building.
When I first came back to the city this year, my best friend texted me to ask whether I thought New York was changing. She felt that it had been modernizing; sometimes, she said, she looked around and couldn’t find the “old New York.” As I toured South Williamsburg and the Lower East Side, I felt as though I was looking into a bygone era, seeing remnants of what had mostly been lost. I would have given anything to return to the Lower East Side crowded with pushcarts and Yiddish music to be heard.
Still, as I listened to the singing trio of the Mamales crooning “Yidel Mitn Fiedel,” while the smell of empanadas filled the air and festivalgoers played Mah Jongg, the culture of the Lower East Side felt bustling and alive. The Lower East Side isn’t the neighborhood it had once been, but its legacy remains — in the people making babka and those who choose to share their story.
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