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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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Their sons are fighting for Israel, and it’s driving them mad

Oxygen and A Burning Man, two films showing at the Israel Film Center Festival, zero in on the deep-seated anxiety Israeli parents face when their sons are called to duty. Though both are flawed, each captures the universal experience of parents yearning to protect a child from outside forces that they cannot control, yet on some level helped create. They tell personal stories that are also political.

The films evoke a world where war and the threat of war are constants. The sound of warning sirens and drones abound. A repeated scene in Oxygen features apartment dwellers dashing down darkened stairways to the basement for shelter as the alerting alarms shriek in the distance.

Oxygen and A Burning Man are singularly Israeli films — I’m not sure they could be made anywhere else — and on many fronts they are stunners.

Netalie Braun’s Oxygen forges a claustrophobic space. Even the title summons forth the image of gasping for air.

The opening scene metaphorically hints at airless entrapment. Anat (brilliantly played by Dana Igvy) and her child are romping about in the waves. They are neck high in water and appear to be in the middle of the ocean. The moment conjures a nostalgic portrait, but a touch of surreal menace is also present. So too is the openly erotic relationship between mother and son, bordering on incest. They touch each other and their bodies intertwine. And later, when her son Ido (Ben Sultan) is an adult, Anat becomes even more obsessed with him.

Though Ido completes his tour of duty and is coming home, as skirmishes break out on the northern border, he volunteers to return to combat. Anat feels abandoned, betrayed and enraged. Her over-protective maternal instincts kick into high gear as she sets out to get her son discharged from duty. Storming onto the off-limits army base to confront the powers that be, Anat succeeds only in demeaning herself and publicly humiliating her already infantilized son.

Anat’s life is further complicated by her relationship with her larger-than-life warrior father (film producer Marek Rozenbaum) who suffers intense PTSD episodes thanks to his experiences in earlier wars. Sweating and shaking, he belly crawls across the living room floor as if heading to a foxhole. Anat blames his jingoistic furor for boosting Ido’s determination to be a military hero. “You wanted him to be a martyr,” she accuses her father.

He, in turn, reminds her that she gave her written permission for Ido to serve even though she had every right to refuse on the grounds that he was an only son. Anat has grown opposed to Israel’s policies, perhaps even moving towards pacifism, and these feelings are at odds with her own national tribalism. Duality is everywhere.

The final section of the film is enigmatic. It’s unclear to me if what we’re witnessing is real or Anat’s dreams or imaginings or combinations thereof.

She has managed to get her son a temporary leave of absence to celebrate his birthday, which slowly morphs into an explosive celebration that feels more like purgatory than a joyous occasion.

“My mother would do anything for me!” Ido bellows and the large crowd at the shindig repeats the words, growing louder with each repetition. “Anything!” “Anything!”

In a last ditch effort to save him from returning to the base, Anat drugs him, rendering him unconscious. She’s driving away with him, blindfolded and shackled in the passenger seat.

At the coda, he has shape-shifted into a child again and she’s carrying him, cradled in her arms, onto a ferry’s empty vehicle deck. No cars. No workers.

What’s happening in this flight of fancy? Anat successfully protecting her son who will always be a baby in her eyes? Still, one wonders where her adult son is at this point in the story. Perhaps I’m being too literal-minded.

I wish I could say the film’s resolution is hauntingly ambiguous, but alas for this viewer, it’s just confusing. Still, despite the shortcomings, the film starkly brings to life the anguished experiences of a parent and an adult son trying to survive and failing dismally in a war-ravaged universe that celebrates nationalism and extols sacrifice, coupled with a particularly unsettling mom-son relationship.

Shai Avivi plays the titular ‘Burning Man’ in Eyal Halfon’s film. Courtesy of Israel Film Center Festival

Eyal Halfon’s A Burning Man is the more successful of the two films. Set outside a remote army base on a stretch of endless sun-baked desert it immediately elicits an atmosphere of oppressive tedium, pointlessness and futility. It has its Beckettian elements and absurdity is never far from the surface.

Yonah (Shai Avivi who gives a complex understated performance) cannot let go of his child, Omer (Ran Kaplan) and instead of depositing his son at the bus terminal to make the trip on his own, he camouflages his own anxiety by lightly dubbing the three-hour drive across the flat no man’s land a father-son road trip. Throughout much of the ride, Omer is sleeping and when they arrive at the military outpost he departs for his tour of duty with a wave of the hand.

Driving home, Yonah sights a convoy of military vehicles on flatbeds heading towards the garrison, their presence further provoking his deepest fears. He spins around and speeds back to the base.

He asks one of the drivers what the armored carriers will be used for. “Maybe maneuvers, maybe exercises,” he shrugs, not especially interested. But in an unexpected gesture of friendship he gives Yonah a sandwich. The scene is at once comic, poignant and unexpected.

Yonah’s most trenchant and arguably least subtle encounter is with an aging motorcyclist (Benny Avni) who brags about his son having dumped the national service to make animated films instead of working for “Netanyahu’s freaks.” The usually impassive Yonah is triggered, accusing the man’s son of being a “shirker,” “a privileged leech.” It’s a confrontation many Israeli parents, especially those who have children serving tours of duty, might find all too relatable.

Yet Yonah, like Anat, is an amalgam of contradictions when it comes to politics. Later in the film, he meets up with a deserter and desperately tries to defend him when the arresting officers arrive on the scene. They lock arms with the defector, marching him down the hill away from Yonah who screams words of encouragement to him as the threesome recede into the distance.

Let’s not forget our hero’s name is “Yonah” (translation Dove, bird of peace). It’s heavy-handed. I could also have done without the repeated closeups of babblers, small desert birds, known for their cooperative social behavior. Creatures who embody life lessons I suppose.

At one point, Yonah’s zealously religious real estate agent (Vladimir Friedman) arrives on the scene sporting a yarmulke, tzitzit, and frequently quoting biblical text. He is there both to try to sell Yonah an apartment but also to help a fellow Jew who he understand is in trouble. But nothing goes right. Yonah does not welcome his company, his car has broken down and he grows increasingly terrified in the desolate desert, especially as night falls. This segment has some great comic moments.

Along the way, Yonah enjoys an erotic brush with a nubile young woman who is part of a hippie commune, and is helping to set up a “Burning Man” festival in the desert. It’s inspired, she says, by the annual countercultural event in Nevada.

In the final scene, we’re presented with a stoned Yonah dancing wildly about, first by himself in a psychedelically altered desert and then in the middle of the pop-up festival, which is even more hallucinogenic with its strobe lights flashing, music blasting and congested crowds stomping and gyrating. Jonah’s dancing becoming progressively more intense and out of control.

But in the end, it is a hollow, totally meaningless Bacchanalian eruption. The scene takes on a mythic flavor, punctuating both visually and emotionally, all the events that have led to this moment. Yonah is a burning man. He, along with Anat, both living in a neverending combat zone and forever anguished over their sons’ potential fates, have perhaps become a new Israeli archetype.

‘Oxygen’ and ‘A Burning Man’ are being shown as part of the 14th annual Israel Film Center Festival in New York City, June 9-16.

 

 

 

 

 

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The post Their sons are fighting for Israel, and it’s driving them mad appeared first on The Forward.

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For many queer Jews, Pride has lost its joy

I noticed something during last year’s Pride that I could not stop thinking about afterward: silence.

Not total silence. Pride events still filled city streets in San Francisco, where I live. Rainbow flags still hung from windows. But many queer Jews I knew had become quieter in subtle, almost imperceptible ways. Some had stopped posting online. Some had withdrawn from political conversations altogether. Others no longer mentioned being Jewish in spaces where that identity had once felt unremarkable.

A few quietly disappeared from communities they had helped build. Invitations were declined. Group chats went unanswered. One friend told me they hesitated before wearing a Star of David necklace to Pride for the first time in years.

At first, I told myself I was imagining it. Then I began hearing the same thing in private conversations: people calculating whether it was safe to say certain things out loud. Wondering whether expressing ongoing grief over the Hamas attack of Oct. 7, 2023 would cost them friendships, belonging or community. Deciding it was easier to remain silent than risk becoming a problem to manage.

I recognized that instinct, because I felt it too.

As a psychologist and psychoanalyst practicing in San Francisco who has facilitated support groups for queer Jews since Oct. 7, I’ve perceived a clear phenomenon: While for years, many queer Jews experienced queer spaces as a refuge, after Oct. 7, that sense of refuge became less certain.

The spaces where we built chosen family, recovered from shame, fell in love, and constructed identities used to be shaped by the belief that vulnerability should not have to be hidden in order to belong.

Now, in some of those spaces, it feels like certain forms of Jewish grief have become socially suspect.

In some spaces, expressing horror at the massacre of Israeli civilians has felt permissible only when immediately qualified or contextualized.

In conversations over the past year, I have repeatedly encountered the same pattern: queer Jews becoming more cautious and less certain about what they could safely say in response to pressure to express grief only in publicly acceptable ways.

Silence can be a form of self-protection. People grow quiet when they sense that emotional honesty may carry steep social costs inside communities they still want to belong to.

Some queer Jews no longer attend events they once loved. Others still attend, but carefully. They edit themselves in real time, measuring how much grief they can express before it becomes unintelligible to others.

None of this is unilaterally true about queer communities, which are not monoliths. And many LGBTQ people feel profound anguish over Palestinian suffering, as do many Jews.

But queer Jews are exhausted. The strain of constant self-translation; the effort of proving that mourning one people does not entail hatred of another; and the vigilance required to navigate belonging that feels increasingly conditional have taken their toll.

The loss of a place where you were supposed to exist without negotiation feels existential. And as each Pride passes, certain griefs intensify as they remain unspoken.

This Pride, I’m thinking less about who will show up than about who will remain quiet once they arrive.

What kinds of silence do communities require in exchange for belonging?

Joshua Simmons is a psychologist and psychoanalyst who serves on the American Psychological Association’s Collaborative of Jewish Psychologists.

The post For many queer Jews, Pride has lost its joy appeared first on The Forward.

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Thomas Massie calls for USS Liberty probe, elevating anti-Israel conspiracy theory to House floor

(JTA) — Republican Rep. Thomas Massie took to the House floor Monday to call for an investigation into Israel’s 1967 attack on an American spy ship, giving new prominence to a decades-old conspiracy theory that has become a touchstone for critics of Israel.

“It’s my great honor, maybe one of the biggest honors of my lifetime, to stand here on the floor and do something that’s 59 years overdue, to recognize the survivors and those who gave their lives on the USS Liberty,” Massie said. “Fifty-nine years ago today when they were viciously attacked by IDF jets and also after that by torpedo boats.”

The attack on the USS Liberty occurred on June 8, 1967, in the midst of Israel’s Six-Day War. The intelligence-gathering ship was stationed off the shore of the Sinai Peninsula during the conflict when it came under attack by Israeli forces, killing 34 crew members and injuring 171 more.

Israel later apologized for the attack, explaining it had mistaken the boat as Egyptian, and paid damages to the United States and the families of the victims. Multiple U.S. investigations, including by the CIA, have since determined that the attack was a mistake.

Still, the incident has become a rallying point for critics of Israel who claim the attack was deliberate and gained more adherents lately as anti-Israel sentiment has swelled. On Friday, Massie cited a host of U.S. military and intelligence officials he said had cast doubt on the outcomes of the U.S. investigations.

“None of these distinguished men think this was an accident,” Massie continued. “They think it was intentional murder by the country of Israel, either as a false flag operation or because they simply didn’t want anybody observing what they were doing that day.”

Massie, who will be departing Congress next year after losing his primary in Kentucky, used the anniversary of the incident to call for Congress to pass a resolution honoring the victims of the attack and for a new investigation into the circumstances surrounding it.

The USS Liberty Veterans Association praised Massie’s remarks in a post on X, writing that it was a story that “NO other member of Congress will even listen to.”

Massie is far from the only critic of Israel to use the attack as broader evidence of Israeli misconduct.

Last year, the far-right influencer Candace Owens interviewed a survivor of the attack and tweeted that there was “perhaps no story that can more enlighten you to the deceitful and despicable nature of the modern state of Israel — and its stranglehold on the American government.”

Florida gubernatorial candidate James Fishback has called for the attack to be taught in schools, and the antisemitic streamer Nick Fuentes has claimed that Israel initiated the attack to “conceal their troop movements.”

During his speech at Amfest in December, conservative pundit Tucker Carlson, who devoted part of his podcast last year to elevating the conspiracy theory that the attack was a false flag operation on the part of Israel, told attendees that asking “why a foreign government tried to sink one of our ships in 1967” does not “make you an antisemite.”

Oren Segal, the ADL’s vice president of counterextremism and intelligence, told the Jewish Telegraphic Agency that his organization had been concerned about the “normalization” of Carlson’s views, including his rhetoric on the USS Liberty attack.

“No one’s been a bigger boon to the USS Liberty conspiracy of late than Tucker Carlson,” Segal said.

Following Carlson’s remarks at Amfest, the annual conference of the right-wing group Turning Point USA’s, the ADL denounced conspiracy theories about the attack that it said had swirled for decades.

“Despite official findings that the attack was a tragic case of mistaken identity, these narratives continue to be amplified by actors seeking to inflame distrust and undermine U.S.-Israel relations,” the ADL said in a post on X.

At the conference, the Jewish pundit Ben Shapiro was also asked about the attack by an audience member, and responded that “the vast majority of people who bring this up are doing so to suggest that Israel deliberately attacked an American ship because Israel deliberately wants to harm America.”

Some of Massie’s fellow critics of Israel praised him for bringing up the incident on the floor of Congress on Monday.

“Thank you Thomas Massie for recognizing the heroic members of the USS Liberty, which was attacked by Israel, where 34 crew members were killed and 174 were wounded,” tweeted Marjorie Taylor Greene, the former member of Congress. “Why did our ‘greatest ally’ attack us??”

Other right-wing figures, including at least one member of Congress, criticized Massie’s gambit.

Rep. Dan Crenshaw of Texas tweeted that he had previously believed that Massie was “standing on heartfelt principles and had intellectual backing” even as they did not always agree.

“But comments like this make me question his authenticity,” Crenshaw wrote. “The USS Liberty incident is a tragic one, but it’s an incident with a clear conclusion if one uses any objective analysis of the facts. … Perhaps we are simply witnessing another example of the irresistible incentive to jump on the bandwagon of grifters that guarantee you a specific kind of social media audience and attention that ultimately results in profits.”

Adam Mossoff, a former legal fellow of the right-wing Heritage Foundation, took aim at Massie’s address in a post on X, writing that the Kentucky Republican had “fully gone down the rabbit hole of antsemitism and Jewish conspiracy theories — via the modern American antisemite’s favorite boogeyman, Israel.”

“For the American woke left and woke right, the USS Liberty is the equivalent of the Dreyfuss Affair in France,” Mossoff wrote. “It’s the cause celebres of nationalism and bigotry in which history’s greatest villains — the Jews — can be smeared again with nefarious and evil motives.”

This article originally appeared on JTA.org.

The post Thomas Massie calls for USS Liberty probe, elevating anti-Israel conspiracy theory to House floor appeared first on The Forward.

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