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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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Israel’s opposition has the numbers to defeat Netanyahu. Will it let him survive anyway?

According to exit polls, Israel’s opposition appears to have achieved something remarkable: a parliamentary majority of up to 70 seats, including the Arab parties, over Benjamin Netanyahu and his allies. In almost any other parliamentary democracy, such a result would be understood as a decisive victory for the forces seeking a change of government. Yet Israel may be heading toward the extraordinary spectacle of an opposition that wins a commanding majority and nevertheless allows the incumbent to remain in power.

The reason is a political taboo: several opposition leaders have promised not to form a government dependent on the support of Arab parties, even though virtually every plausible path to replacing Netanyahu requires precisely that.

And if the exit polls are right, those Arab parties have almost doubled their Knesset representation, to perhaps 18 seats in the 120-seat Knesset. This happened because of a huge increase in voter turnout among the 20 percent of Israelis who are Arabs.

In past elections, almost half the Arabs stayed home on election day, compared to participation levels of around 80 percent among Jews. The surge appears to have been driven by despair over the perceived hostility of the Netanyahu government, and anger over ultranationalist National Security Minister Itamar Ben-Gvir, who has displayed inaction and indifference about the lawlessness that bedevils the Arab sector.

The two Arab parties – Ra’am and the United Arab List – have already offered to back Gadi Eisenkot, the former military chief who heads the largest opposition party, Yashar.

This landscape presents the wider opposition with a real dilemma. Its leaders may end up breaking their most important promise to voters — to remove Netanyahu from office — in order to honor a secondary promise not to form a governing coalition with Arab parties and depend on the safety net they offer. That promise should have been no more than a white lie to reassure wavering Jewish voters who in the past supported the right. Sticking to it would be a spectacular case of snatching defeat from the jaws of victory.

In his speech to supporters after polls closed Tuesday, Eisenkot promised to use the results to set up a government. “The Israeli public voted to end Netanyahu’s rule as the prime minister of Israel,” he said. “It’s my personal duty to do everything to bring about the will of the people.”

If Eisenkot and the rest of the opposition now show resolve, a minority government supported from outside by Arab lawmakers is one possibility. A coalition that includes at least Ra’am, the pragmatic Islamist party that participated in Israel’s 2021 governing coalition, is another. Defections from the right could also help assemble a government. These also should be considered, as long as those joining it are not given the power to block essential reforms or perpetuate the policies that voters sought to reject.

None of the options are clean and simple. But the notion that Arab parliamentary support renders a government illegitimate is neither a democratic principle nor a reflection of Israel’s political history.

Indeed, a look at that history reveals something that Netanyahu’s long dominance has helped obscure. Since the political upheaval of 1977, Likud victories have generally depended on ultra-Orthodox support, while victories by the non-Likud camp have repeatedly depended on Arab votes.

In 1984, Shimon Peres managed to force a parliamentary tie with the help of six seats held by Arab parties. In 1992, Yitzhak Rabin’s victory yielded a majority of 61 seats only when five Arab lawmakers were counted. In 1999, Ehud Barak won a landslide in the direct election for prime minister, but his reliable parliamentary bloc numbered only 60 seats, including 10 Arab lawmakers. The addition of right wing parties enabled him to govern.

The pattern continued in 2006, when Kadima’s victory was widely perceived as decisive, even though its assured parliamentary bloc numbered just 60 seats without additional Arab support. And in 2021, Yair Lapid’s success in assembling a government that ended Netanyahu’s 12 consecutive years in power depended on a parliamentary alignment of 61 lawmakers opposed to Netanyahu, including 10 Arab representatives.

With the notable exception of Ra’am in 2021, Arab parties generally did not become formal coalition partners. Peres formed a national unity government with Likud – and Rabin, his majority secured via the Arab parties, formally brought in the religious party Shas. In all these cases the Arabs’ parliamentary support for the opposition helped prevent Likud from forming a government and made alternative coalitions possible. In some cases, Arab lawmakers then supported the government from outside, while politicians from the traditional right-wing camp eventually crossed political lines to join the governing arrangement.

Against that historical background, the 2026 result should be understood as an extraordinary opportunity for Israel’s liberal and anti-Netanyahu forces. The central question is whether their leaders will recognize it or miss the opportunity.

Netanyahu remains the prime minister under whose watch the catastrophe of Oct. 7 occurred. His government has resisted the establishment of a state commission of inquiry into the failures surrounding the attack. His coalition has advanced measures widely criticized as threats to democratic institutions, while presiding over an increasingly polarized society.

Another term for Netanyahu and his present allies could deepen Israel’s institutional deterioration, social divisions and strategic vulnerability. For critics who believe the country is already approaching a dangerous democratic and societal crossroads, the stakes are difficult to overstate.

There is also a striking inconsistency in the argument that relying on Arab support is somehow beyond the bounds of legitimate politics.

Netanyahu himself explored the possibility of forming a government with the support of Mansour Abbas, the leader of Ra’am, in 2021. That possibility collapsed largely because Bezalel Smotrich, now one of Netanyahu’s most prominent far-right partners, refused to accept it.

The time has come for Israel to show some appreciation for its Arab citizens, who constitute roughly one-fifth of Israel’s population. They work, study, pay taxes and participate in the country’s civic and economic life. They vote in national elections and elect representatives to the Knesset. There is no coherent democratic justification for treating those representatives’ mandates as inherently less legitimate than those of Jewish lawmakers.

To be sure, Arab political parties hold positions, particularly on the Palestinian question, that many Jewish Israelis find deeply objectionable. Some of those disagreements are profound, and coalition negotiations involving Arab parties inevitably raise difficult questions about national identity, security and the Israeli-Palestinian conflict.

But ultra-Orthodox parties also hold positions that many secular Israelis regard as fundamentally incompatible with their vision of the country, including on religious authority, military service and civil liberties. Far-right parties in Netanyahu’s coalition have promoted policies that critics see as far more damaging to democratic norms than anything the Arabs might do.

There will undoubtedly be pressure for a national unity government, possibly from Washington. President Donald Trump, who endorsed Netanyahu, seems likely to pressure Eisenkot to agree. The machinations might include restarting the war with Iran. Eisenkot should resist it all.

Israel’s declaration of independence promised equality. Israel’s opposition has a golden opportunity to keep that promise.

 

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A watch party without Netanyahu? Supporters tried to project cheer

(JTA) — JERUSALEM — Forty-five minutes after Israeli channels released their first exit polls, a silence had washed over the Likud election watch party held at the International Convention Center in Jerusalem.

Supporters had waited in anticipation for the exit polls to appear on the screen. When Channel 14 — which had a broadcast desk stationed in the corner of the room — first showed its poll, a cheer circulated through those in attendance. But as everyone looked down at their phones to track the results from the other channels, the mood became increasingly subdued.

Supporters hoping for a strong Netanyahu victory were disappointed by polls showing that his Likud party did not have enough support to form a governing coalition.

They had hoped to celebrate the moment with Netanyahu, who, in the end, did not show up.

 

 

The initial exit polls, released at 10 p.m. as polling stations closed, showed Likud as the largest party. However, neither it nor its committed coalition partners had gained enough seats for a parliamentary majority that would allow it to form the next government. Channel 12 had Prime Minister Benjamin Netanyahu’s bloc, which at its height had  68 seats in the outgoing Knesset, dropping to 50, with the opposition parties at 53 across the network projections.

The Central Elections Committee hopes to finish counting the votes by Thursday. By law, the official results have to be published by Nov. 4.

The historic turnout in the election, billed by many as the most consequential in Israel’s history, stood in stark contrast to the empty convention center hall. It appeared that only the most dedicated of Bibi fans had decided to make the trip to the watch party. Three hardcore supporters held up a blue and white Likud flag while chanting “Malach Bibi,” meaning “King Bibi,” with a crowd of journalists pushing past each other to get footage.

Every two minutes, the Likud jingle echoed through the hall on a loop, and a string of AI-generated Likud election videos played on the screen. The lectern sat empty, and Netanyahu had not issued a statement in the wake of the first results. Netanyahu, along with Likud MKs, had been expected to address supporters in the hall had there been a clearer mandate; instead, journalists gathered, snacking on refreshments while waiting for more Likud supporters to show up.

Yossi Levi, 71, a pensioner from Eilat, made the long drive to Jerusalem to show his support. He said that for his entire tenure as prime minister, Netanyahu has had to fight the 120 members of the Knesset for his survival, and that he “thankfully” had so far always come out on top.

Levi recalled his time working on the Likud security team when Netanyahu first began his career and paused the interview to shake hands with Netanyahu’s head of security before returning to his story. Whether or not Netanyahu was able to form a coalition, he said, his support would remain unwavering.

That appeared to describe the crowd on Tuesday night: those who had stood by Netanyahu as he ascended to the heights of Israeli electoral power, and who were standing by him now, as his bloc appeared to shed 18 seats in the Knesset.

Boaz, who lives in the city center of Jerusalem, described the mood as not exactly disappointment “but something in the middle,” as the results did not yet indicate a clear winner or loser and adding that it was now time for coalition politics to begin.

Holding a blue-and-white Likud flag and milling about the lobby alone, he did not project confidence but insisted that he would stay at the event in case any of the party’s parliamentary members decided to show up.

With few audience members in attendance, the event center gave the appearance of something of a crashed party. By 11 p.m. Jerusalem time, the hall had begun to empty, with both supporters and those there to cover the event deciding to leave the scene.

This article originally appeared on JTA.org.

The post A watch party without Netanyahu? Supporters tried to project cheer appeared first on The Forward.

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Jewish treasures stolen by Nazis 88 years ago come home, thanks to an Arizona synagogue

(JTA) — What could one purchase with boxes of Crisco, bags of coffee and cartons of cigarettes in chaotic postwar Germany?

For Moishe Saksenhaus, a young Holocaust survivor from Belarus, the answer was: two Jewish ritual textiles, hundreds of years old.

The seller said he’d stolen them himself from a burning Berlin synagogue on Nov. 9, 1938 — the November Pogrom, commonly called Kristallnacht.

Moishe brought those two items — a Torah wimple, or sash, and a parochet, or Torah ark curtain — with him to America, taking them out of their suitcase only on special occasions. After Moishe’s death in 1993, his family donated them to his synagogue, Temple Chai in Phoenix, Arizona. They remained on display there until the building was deconsecrated in 2026. The congregation moved to a new location in nearby Scottsdale this spring.

Last week, nearly 88 years after Kristallnacht the two items made their way back to Berlin.

In a ceremony at the site of the New Synagogue Berlin Foundation-Centrum Judaicum museum and archive, on Oranienburger Strasse, Associate Rabbi Bonnie Koppell of Temple Chai handed them over to Berlin Jewish Community president Gideon Joffe.

“There were people who felt individually attached to the items” in Phoenix, Koppell told the Jewish Telegraphic Agency in a phone interview before her trip. “But ultimately, I think everyone realized that they belonged in their home. If the people from whom they were stolen wanted them back, that was where they belong.”

The handover took place Oct. 22 in the presence of Joffe, Rabbi Gesa Ederberg, historian Rabbi Andreas Nachama, members of the Berlin community and 29 visitors from Arizona.

“It’s been a very moving and touching journey, for both our guests from the United States and for these historical items,” said Nickolai Todorov, a Berlin Jew who accompanied the U.S. visitors as a tour guide. “It was just a special thing to be an eyewitness to.”

Rabbi Bonnie Koppell, left, and Sandy Koppell examine the Torah curtain (parochet) and Torah wimple during the handover ceremony at the New Synagogue Berlin–Centrum Judaicum, Oct. 22, 2026. (Nicolai Froundjian)

The large parochet is embroidered with the text of the Kiddush, the Jewish blessing over wine, in versions for the Sabbath and holidays. Along the lower edge of the text is what might be the signature of the artist, in Hebrew: “This handiwork of mine is not to bring me honor, rather to bring merit for the multitudes in accord [with the biblical verse] ‘And Yitzchak went out to pray at the field’ — Yitzchak Itzik ben C’harad Yehuda Leib z“l [of blessed memory] from Rivnitz,” a town in Moldova whose small Jewish community dated back to at least 1800.

The highly decorated wimple, which would have been used to bind a Torah scroll, bears a blessing for a child named Yitzchak “Itzik” ben Kavod Ha-rav Gistori, likely embroidered in honor of his brit milah, or ritual circumcision.

A spokesperson for the Berlin Jewish community, an umbrella for several congregations of various denominations, told JTA in an email that its experts had been unable to confirm which pre-World War II synagogue the Torah curtain came from, but that it would be added to the Centrum Judaicum collection. There are plans to display the wimple at the community center on the site of the former Fasanenstrasse synagogue.

Sol Saksenhaus, 72, a retired special-ed teacher, is one of those Arizona congregants who felt sad to let the objects go. It was his father who had bought them, protected and carried them across the ocean to his new home in America. Sol and his brother had grown up with these objects, which had taken on an aura of sacredness.

But they are “being given back as a sign of love from our community, to light them up again,” he told JTA in a telephone interview from Phoenix. “I can live with that, and I know my parents in heaven can live with that, too.”

Sol’s parents, Moishe and Rosa Saksenhaus, had escaped the Warsaw Ghetto through the sewers, and joined with partisans to commit acts of sabotage against the Germans. The Soviets eventually deported them to Siberia, where their first child died. After the war, Moishe and Rosa made their way back west, following American army lines and ending up in a Displaced Persons camp in the town of Feldafing, Germany.

Moishe, street-smart and multilingual, got a job translating for the U.S. military in Traunstein, Sol related. His father told him he became involved with black market activities, such as collecting British Army bicycles and having them sent to Palestine.

“My dad may have had a little bit of a reputation as one of the go-to guys, that if you wanted something, my dad knew how to get it,” Sol said.

Which may be why this particular German man approached him one day.

“He said he was a medical doctor. He kept approaching my dad with pictures” of the Jewish objects, Sol recounted. His father recalled the man’s name as “Ahgar.” He’d complained about conditions under American occupation: “’We don’t get anything; we’re on limited rations,’” the man told Sol’s father. “My dad said he was arrogant, and that he wanted the stuff he used to have from before.”

“He threatened my dad: He says, ‘I was part of the patrol that went into the temple’” on Fasanenstrasse in Berlin. He claimed to have taken the two items during the raid, and threatened to destroy them if Moishe did not procure Crisco, coffee, flour, cigarettes and cigars.

“My dad pretty much told him to ‘get the f–k away. I can’t look at you.’ But the guy was persistent. And the trade happened.”

Moishe Saksenhaus brought the objects to the U.S. when he and Rosa emigrated. “He cherished them, but he didn’t know what he was going to do with them,” said Sol. On rare occasions his father would show them to the family. “When that thing came out, it was like opening the holy ark… I kind of like froze, and just watched the emotions” on the family’s faces.

Sol’s father died in late 1993. There was a rise in Holocaust denial at the same time, Sol recalled; Deborah Lipstadt’s book, “Denying the Holocaust: The Growing Assault on Truth and Memory,” was published that June. It was also the year that Steven Spielberg’s Oscar-winning film “Schindler’s List” came out, sparking new interest in the Holocaust and its legacy. His mother and aunt decided to donate the tapestry and wimple to Temple Chai, to help with Holocaust education. Before handing the tapestry over to Rabbi William Berk, then the temple’s spiritual leader,  Rosa Saksenhaus tore the swastika off an old tag on the tapestry.  “This is not going into a temple like this,” she told her son.

The centuries-old Jewish ritual textiles, stolen during Kristallnacht in 1938 and traded after the war to a survivor for coffee and tobacco, are returned to the Berlin Jewish community during a ceremony at the New Synagogue Berlin–Centrum Judaicum, Oct. 22, 2026. (Nicolai Freundjian)

Sol recalled that Berk sent the items to an expert at the University of California in Los Angeles, who determined they were from the 16th century. Berk, who moved to Israel with his family in 2007 after more than two decades with the congregation, could not be reached for comment.

And so the tapestry remained hanging on the synagogue’s north wall. Rosa died in 1999. In 2006, Bonnie Koppell was installed as associate rabbi. In 2022, Rabbi Emily Segal took on the role of senior rabbi.

Two years ago, Sol brought a friend to see the wimple and the tapestry.

“I had seen these objects in our sanctuary for 30 years, knowing only that they had been ‘rescued’ during Kristallnacht,” recalled Joan Neer, assistant to Koppell, who heard Sol’s story for the first time that day. “In reality they were brutally taken,” she said.

The encounter “ignited my curiosity and set me on a journey to uncover their story,” Neer told JTA in an email. The more she learned, the more she became convinced: “It would be great if we could return them to the Jewish community in Berlin,” she wrote to Koppell and synagogue president Debbie Berkowitz.

“What began as a simple conversation in my office has become a journey of discovery, connection, and restoration,” she said.

Once the Berlin community said yes, the task of packing and transporting the objects began. The large tapestry was wrapped in artisanal paper and shipped.

“We had an AirTag on it, so we watched it sitting in the Cologne airport,” said Koppell. “And then it got moved to the customs building.”

“Then we got word that they wanted €5,000 [$5,567] in [customs] tax. And that if we didn’t pay it, they were sending it back in five days.”

The German Jewish community stepped in and used its tax-exempt status to get the package released, she said, adding that she carried the wimple in her hand luggage.

“We have come to remember, to learn and to return something that has traveled a very long road,” she told the Berlin Jewish community on Oct. 22.  “This time, they are going home.”

The post Jewish treasures stolen by Nazis 88 years ago come home, thanks to an Arizona synagogue appeared first on The Forward.

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