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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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In Israel, she’s a national heroine — Americans are starting to understand why
Crash of the Heavens: The Remarkable Story of Hannah Senesh and the Only Military Mission to Rescue Europe’s Jews During World War II
By Douglas Century
Avid Reader Press/Simon & Schuster, 432 pages, $30
In Israel, Hannah Senesh, the 23-year-old poet and paratrooper who died trying to save Hungarian Jews during the Holocaust, is a national heroine. Her verses are memorized by schoolchildren and encoded in prayerbooks, her kibbutz home is a memorial, and Israeli streets and settlements bear her name.
In the United States, recognition of Senesh’s achievements has come more slowly. Roberta Grossman’s 2008 documentary, Blessed is the Match: The Life and Death of Hannah Senesh, told her story with archival footage, interviews and dramatic recreations. In 2010-11, New York’s Museum of Jewish Heritage hosted an exhibition, Fire in My Heart: The Story of Hannah Senesh.
Now, when the notion of Israeli military heroism seems particularly contested, Senesh has surfaced again. This fall, the National Yiddish Theatre Folksbiene revived David Schechter’s play with music, Hannah Senesh, a collaboration with Lori Wilner that originated in the 1980s. And a major new biography, Douglas Century’s Crash of the Heavens, excavates the brilliant young woman — frustrated, lonely, headstrong, determined — long encrusted in myth.
Century’s powerful book, whose title derives from a Senesh poem, depicts both a unique 1944 Jewish rescue mission and its historical context: the chaotic final months of World War II, when Europe’s remaining Jews were both targeted victims and bargaining chips.
An emigrant from fascist Hungary to British Mandatory Palestine, Senesh was one of a cohort of Jewish volunteers — 37, including two other women — chosen to infiltrate the inferno of Central and Eastern Europe that other Jews were desperate to escape. Trained by the elite fighters of the Palmach, as well as the Royal Air Force and British Intelligence, they had a dual mission: to locate and evacuate downed Allied airmen and escaped prisoners of war, and to save Jews. For the latter, it was almost too late, though the paratroopers did ultimately rescue an unknown number of Jews.
While Senesh is the focus, Century’s cinematic narrative alights periodically on several of her colleagues. Among the most notable was Enzo Sereni, an Italian Jewish intellectual, “a remarkable man with prodigious appetites,” who died in Dachau. The Romanian-born Surika Braverman, phobic about heights, was unable to parachute. But she did fly into Yugoslavia, link up with Tito’s partisans, and later establish the Women’s Corps of the Israel Defense Forces. Yoel Palgi, the lone survivor of the three paratroopers who infiltrated Hungary, became a key source of information about Senesh’s ordeals.
Her story, told here with great intimacy and detail, is riveting. Those who knew her underline her uniqueness, including a courage that ultimately impressed even her captors.
Born Anna Szenes in 1921 Budapest, she was the daughter of a celebrated Hungarian Jewish playwright and journalist who died of heart failure at 33. At 13, Senesh started a diary. In 1938, the Hungarian Parliament passed a law restricting Jewish participation in the economy, and her country’s growing antisemitism transformed the teenager into a Zionist.
Accepted to an agricultural school in Palestine, Senesh made aliyah in 1939. She graduated with expertise in poultry farming, but was assigned to the laundry of Kibbutz Sdot Yam (Fields of the Sea), near Caesaria. The location inspired one of her most famous poems, but the daily routine was mind-numbing. She longed to return to Budapest to inspire Jewish resistance and help her mother escape.
As luck would have it, her kibbutz connected her to a fellow Hungarian refugee involved in organizing a secret rescue mission. “I see the hand of destiny in this,” she wrote at the time. “I’m totally self-confident, ready for anything,” she later added.
The mission was delayed, in Century’s telling, by mutual distrust between the British military and the Jewish leadership in Palestine. But Senesh finally was able to train as both a paratrooper and wireless radio operator. She chose the code name Hagar, for the second wife of the Biblical Abraham, “the slave girl who’s redeemed, who speaks directly to the Lord, who is told that she must return home.” Before leaving for Europe, she was able to see her brother, Gyuri, and give him a poignant letter in which she wrote: “Will you sense that I had no choice, that I had to do this?”
After parachuting into Yugoslavia, Senesh joined Tito’s partisans. But within days, the Germans had marched into Hungary, complicating her mission. She crossed the border anyway, and was quickly captured by Hungarian gendarmes — likely because of a betrayal, or more than one, Century suggests.
He graphically describes the vicious beatings and torture she endured, and her stoic silence. One of her fellow paratroopers had declined to give her a cyanide pill, so an easy death was impossible. Her suicide attempts failed. Believing her mother had left Budapest, she finally offered her real name. That led to a heartbreaking reunion between a bruised and battered Hannah and her anxious mother, Katherine. Both spent time in a Gestapo prison, where they had occasional contact.
Katherine eventually was released, and her daughter experienced a mild reprieve: She was able to teach her fellow inmates Hebrew, distribute hand-made dolls as gifts, and counsel a pregnant Jewish prisoner on an escape route. Then came a trial for treason and espionage. In her defense, Senesh eloquently denied betraying Hungary and chastised her judges for allying with Nazism. As Soviet and Romanian troops descended on Budapest, she was abruptly informed of her conviction and an immediate death sentence, with no chance of appeal.
Integral to her legend is that the youthful Senesh went defiantly to her execution by firing squad, declining to beg for a pardon and refusing even a blindfold. She left behind a trove of diaries, letters and simple, emotionally direct poems — a dazzling literary as well as moral legacy.
One poem, from a period of torture and solitary confinement, concludes: “I gambled on what mattered most,/The dice were cast. I lost.” Another famous verse emphasizes redemption, declaring, “Blessed is the match consumed in kindling flame.” Century’s biography — which also recounts Senesh’s prodigious cultural afterlife — is a stirring testament to both her undeniable gifts and tragic fate.
The post In Israel, she’s a national heroine — Americans are starting to understand why appeared first on The Forward.
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Trump Says US Will Sell F-35s to Saudi Arabia Ahead of White House Talks With Crown Prince
US President Donald Trump and Saudi Crown Prince and Prime Minister Mohammed Bin Salman shake hands during a Memorandum of Understanding (MOU) signing ceremony at the Royal Court in Riyadh, Saudi Arabia, May 13, 2025. Photo: REUTERS/Brian Snyder
US President Donald Trump on Monday said he plans to approve the sale of US-made F-35 fighter jets to Saudi Arabia, announcing his intention one day before he hosts Saudi Crown Prince Mohammed bin Salman at the White House in Washington, DC.
The high-stakes meeting comes as rumors swirl about the possibility of Israel and Saudi Arabia, long-time foes who in recent years have increasingly cooperated behind closed doors, normalizing ties under a US-brokered deal.
“They want to buy. They are a great ally. I will say that we will be doing that,” Trump told reporters in the Oval Office. “We will be selling them F-35s.”
Reuters reported earlier this month that Saudi Arabia has requested to buy as many as 48 F-35 fighter jets in a potential multibillion-dollar deal that cleared a key Pentagon hurdle.
Such a sale would be a policy shift for Washington, which primarily sells the F-35 to formal military allies, such as NATO members or Japan. Israel is the only country in the Middle East that has the elite fighter jets, in accordance with longstanding bipartisan policy for US administrations and the Congress to maintain Israel’s “qualitative military edge” in the region. Saudi Arabia’s acquiring them would at least somewhat change the military balance of power.
However, Axios reported over the weekend that Israel does not oppose the US sale of F-35s to Saudi Arabia, the world’s top oil producer — as long as it’s conditioned on Riyadh normalizing relations with Jerusalem.
“We told the Trump administration that the supply of F-35s to Saudi Arabia needs to be subject to Saudi normalization with Israel,” an anonymous Israeli official told the news outlet, adding that giving the fighter jets without getting any significant diplomatic progress would be “a mistake and counterproductive.”
It has been widely reported that Israel and Saudi Arabia were on the verge of a deal to establish formal diplomatic ties until the discussions were derailed by Hamas’s Oct. 7, 2023, massacre across southern Israel and the ensuing war in Gaza. Saudi officials have said that they will only agree to a normalization deal if Israel commits to a path toward a Palestinian state.
Saudi Arabia’s close partners Bahrain and the United Arab Emirates were among the Arab states to normalize ties with Israel in 2020 as part of the Trump-brokered Abraham Accords. Trump has said he is intent on expanding the accords to include other countries, above all Saudi Arabia.
“I hope that Saudi Arabia will be going into the Abraham Accords fairly shortly,” Trump told reporters on Friday.
The F-35 deal and possible Israeli-Saudi normalization are expected to be central to the agenda when bin Salman, widely known by his initials MBS, meets Trump.
It will be the crown prince’s first trip to the US since the death of prominent Saudi critic Jamal Khashoggi by Saudi agents in Istanbul in 2018. US intelligence concluded that bin Salman approved the capture or killing of Khashoggi, although Saudi Arabia’s de facto leader has denied ordering the operation.
Seven years later, Washington and Riyadh, longtime strategic partners, are looking forward, with bin Salman set to receive full ceremonial honors at the White House. Their meeting comes six months after Trump secured a $600 billion commitment from Saudi Arabia to invest in the United States.
Beyond investment, Riyadh has been eager to reach a security agreement with Washington expanding arms sales such as advanced missile-defense systems and drones, and deeper military training partnerships. Most importantly for Riyadh, however, is the US offering certain guarantees ensuring the kingdom’s security. Many observers have suggested that such a defense deal could be part of a broader arrangement to broker Saudi-Israel normalization.
Trump and bin Salman are also expected to discuss broadening ties in commerce, technology, and potentially nuclear energy.
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Catholic Church in Berlin Condemns Antisemitism as Anti-Israel Agitators Vandalize Historic Crucifix
Illustrative: Hamas supporters at a rally in Cologne, Germany, on Oct. 22, 2023. Photo: Reuters/Ying Tang
As antisemitic incidents continue to rise in Germany, the Catholic Church in Berlin has taken a firmer stance against anti-Jewish hatred by issuing new guidelines prohibiting its members from expressing racist, antisemitic, or extremist views.
On Saturday, the Archdiocese of Berlin, the governing body of the city’s Catholic Church, announced that all candidates for leadership positions must sign a special declaration rejecting racism, antisemitism, and extremist views.
“With this decision, responsibility falls where it belongs. Anyone seeking to serve on the diocesan committees and run in the elections must actively uphold the values of our Church,” Karlies Abmeier, president of the Diocesan Council, said in a statement.
The Catholic Church’s latest move aims to ensure that anyone seeking a leadership role within the institution commits to rejecting “racism, antisemitism, ethnic nationalism, and hostility toward democracy.”
“It is crucial for us that such statements never come from those in positions of power within our Church,” Marcel Hoyer, executive director of the committee, told the German Press Agency.
Candidates would also be prohibited from belonging to any party or organization that the German Office for the Protection of the Constitution has designated as extremist.
The archdiocese’s announcement comes amid a climate of rising hostility and radicalization in Germany, where the local Jewish community has increasingly become a target.
Last week, anti-Israel protesters vandalized a church with paint in the Vogelsberg district of Hesse in central Germany.
According to local media reports, a crucifix was vandalized with antisemitic graffiti, including the slogans “Free Palestine” and “Jesus is Palestinian,” and the church walls were also defaced with red paint.
Pastor Ingmar Bartsch denounced the incident, describing himself as “angry and bewildered.”
“What affects me most is that it’s a historic depiction of Jesus, at least 200 to 300 years old, and truly one of a kind,” Bartsch told the German newspaper Bild.
He explained that the crucifix will require a professional restoration, with initial damage estimates reaching into the thousands of dollars.
Local police have launched an investigation into the incident as a case of property damage, noting that the items involved hold religious significance.
As the restoration process begins, Bartsch said the church will remain closed for now, reopening only for religious services.