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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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California College Employee Calling Jewish Professor ‘Colonizer’ Was Antisemitic, Investigation Finds
Sign reading “Welcome to City College of San Francisco” above glass entry doors with building number 88, San Francisco, California, Aug. 29, 2025. Photo: Smith Collection/Gado/Sipa USA via Reuters Connect
A City College of San Francisco (CCSF) staff member who called a Jewish professor a “colonizer” among other verbal attacks engaged in unlawful harassment and discrimination based on the academic’s Jewish identity, according to an independent investigation into the incident.
The Louis D. Brandeis Center for Human Rights Under Law and the StandWithUs Saidoff Legal Center, two Jewish advocacy groups, on Tuesday celebrated the upholding of a disciplinary investigation’s finding as a “significant victory” for Jewish faculty and students.
“The outcome establishes a critical precedent for how universities must evaluate conduct often mischaracterized as political speech but that, in context, targets Jewish identity,” the groups said in a statement.
The investigation stemmed from a series of incidents which escalated to an explosive May 2025 confrontation in which CCSF employee Maria Salazar-Colon, president of the local Service Employees International Union (SEIU) union, allegedly launched a volley of anti-Jewish invective at computer science professor Abigail Bornstein. Calling Bornstein a “colonizer” and telling her to “shut the f—k up,” Salazar-Colon converted the professor’s name into a sobriquet by denouncing her as “Dumb-stein” during the public comment portion in a meeting of the community college’s board of trustees, according to the Brandeis Center and StandWithUs.
That utterance, combined with other comments related to Israel, indicated Salazar-Colon’s awareness of Bornstein’s Jewishness and her willingness to degrade her over it, the Brandeis Center and StandWithUs said — noting that a trivial discussion on college “governance,” not politics or the Middle East conflict, set the staff member off.
Salazar-Colon allegedly continued targeting Bornstein through email, denouncing her again as a “colonizer” and making other crude statements. The conduct drove the professor off campus. She reported the alleged harassment to the CCSF administration and filed a criminal complaint with the local police.
However, Salazar-Colon hit back, filing her own grievance in response to allege that she was the victim. Meanwhile, the college hired a law firm as a third-party investigator to look into the matter. Its findings were conclusive, determining not only that Salazar-Colon was fully culpable but that her conduct, rising to “workplace violence,” was intentionally discriminatory against a Jewish colleague.
CCSF ultimately dismissed Salazar-Colon’s “retaliatory” complaint, but the finality of its decision hung on the opinion of the college trustees. Salazar-Colon filed an appeal with the body. It took no action, crystallizing, the Brandeis Center and StandWithUs said, a consensus on the “seriousness of the underlying conduct and the strength of support for the [third-party investigator’s] findings.”
On Monday, Brandeis Center staff litigation attorney Deena Margolies told The Algemeiner that, in this case, justice prevailed but that many other Jewish members of academia suffer similar indignities.
“The college did the right thing here. They brought in an independent investigator. They made clear that this was about discrimination based on Bornstein’s protected identity, that being Jewish — not union advocacy — and that’s important and a necessary distinction that we don’t often see being recognized,” Margolies said. “I’m seeing many more of these disciplinary matters in the employee context, and I notice that what often happens is that when a Jewish professor or staff member is targeted or files a complaint, there is often a cross complaint, a baseless complaint which is retaliatory. And yet, they always end up coming through.”
CCSF will be taking disciplinary action. against Salazar-Colon.
As previously reported by The Algemeiner, antisemitism promoted by university employees often disguises itself as politics, complicating higher education institutions’ response to it.
In September, a survey conducted by the Anti-Defamation League (ADL) and the Academic Engagement Network (AEN) found that staff and faculty accelerated the “antisemitism” crisis on US college campuses by politicizing the classroom, promoting anti-Israel bias, and even discriminating against Jewish colleagues. It found that 73 percent of Jewish faculty witnessed their colleagues engaging in antisemitic activity, and a significant percentage named the Faculty and Staff for Justice in Palestine (FSJP) group as the force driving it.
Of those aware of an FSJP chapter on their campus, the vast majority of respondents reported that the chapter engaged in anti-Israel programming (77.2 percent), organized anti-Israel protests and demonstrations (79.4 percent), and endorsed anti-Israel divestment campaigns (84.8 percent). Additionally, 50 percent of respondents said that anti-Zionist faculty have established de facto, or “shadow,” boycotts of Israel on campus even in the absence of formal declaration or recognition of one by the administration. Among those who reported the presence of such a boycott, 55 percent noted that departments avoid co-sponsoring events with Jewish or pro-Israel groups and 29.5 percent said this policy is also subtly enacted by sabotaging negotiations for partnerships with Israeli institutions. All the while, such faculty fostered an environment in which Jewish professors were “maligned, professionally isolated, and in severe cases, doxxed or harassed” as they assumed the right to determine for their Jewish colleagues what constitutes antisemitism.
Administrative officials responded inconsistently to antisemitic hatred, affording additional rationale to the downstream of hatred. More than half (53.1 percent) of respondents described their university’s response to incidents involving antisemitism or anti-Israel bias as “very” or “somewhat” unhelpful, and a striking 77.3 percent thought the same of their professional academic associations. In totality, alleged faculty misconduct and administrative dereliction combined to degrade the professional experiences of Jewish professors, as many reported “worsening mental and physical health, increased self-censorship, fear for personal safety,” and a sense that the destruction of their careers and reputations was imminent.
“Antisemitism cannot and should not be downplayed as political, academic, or workplace disagreement. Antisemitism is, clearly and concretely, insidious discrimination,” Brandeis Center chairman Kenneth Marcus, a former US assistant secretary of education for civil rights, said in a statement released with the news of the outcome of the CCSF incident. “Institutions have both the authority and the obligation to intervene, and we are hopeful that these outcomes encourage those who wish to report incidents of antisemitism to come forward without fear of retaliation.”
Follow Dion J. Pierre @DionJPierre.
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Turkish Intel Chief Hosts Hamas Leaders as New Report Warns of Turkey’s Ties to Muslim Brotherhood
Turkish President Tayyip Erdogan speaks during a ceremony for the handover of new vehicles to the gendarmerie and police forces in Istanbul, Turkey, Nov. 28, 2025. Photo: REUTERS/Murad Sezer
Turkey’s extensive ties with Hamas and other terrorist groups and Islamist movements are raising alarm bells among analysts, highlighting Ankara’s controversial pivot away from its traditional Western alliances amid ongoing regional conflicts.
This week, Turkish intelligence chief Ibrahim Kalın met in Ankara with Khalil Al-Khaya, a senior Hamas negotiator, and the terrorist group’s political bureau delegation to discuss prospects for advancing the second phase of the Gaza ceasefire — marking the second such meeting in under two weeks.
Last week, Kalın also met with senior Hamas leaders in Istanbul, underscoring Turkey’s ongoing diplomatic engagement with the Islamist group.
Notably absent from both meetings’ public summaries was any mention of Hamas’s disarmament — a key condition of the US-backed peace plan, which the terrorist group continues to reject, further complicating ceasefire efforts.
Earlier this year, the US-backed plan to end the war in Gaza hit major roadblocks after proposals surfaced that would allow Hamas to retain some small arms — an idea strongly denounced by Israeli officials who insist the Islamist group must fully disarm.
Israel has previously warned that Hamas must give up its weapons for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the terrorist group’s control.
Last week, US President Donald Trump’s “Board of Peace” reportedly presented a disarmament plan to Hamas that would require the terrorist group to allow the destruction of its vast Gaza tunnel network as it lays down its arms in stages over eight months. Palestinian officials indicated Hamas would not accept the proposal without “amendments and improvements.”
Under Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.
Conditioned on Hamas’s disarmament, the Israel Defense Forces (IDF) would also withdraw from the approximately 53 percent of the enclave they currently occupy.
Since the start of the war in Gaza, Turkey has repeatedly tried to position itself as a regional mediator, maintaining direct intelligence channels with Hamas to advance ceasefire talks and solidifying its role in US-backed diplomatic efforts.
However, Turkey has also been a long-time backer of Hamas, hosting senior officials multiple times over the years and refusing to designate the group as a terrorist organization. Ankara has also provided Hamas with both political and financial support by allowing its leadership to operate networks from Turkish soil.
Israeli officials have repeatedly accused Hamas operatives of using Turkey as a base for recruitment, financing, and operational coordination.
On Monday, Israeli intelligence services uncovered a Hamas terror network in the West Bank, directed by an operative based in Turkey, revealing ongoing coordination between the group’s cells abroad and on the ground.
According to Sinan Ciddi, senior fellow at the Foundation for Defense of Democracies (FDD), a Washington, DC-based think tank, Turkey’s high-level meetings with Hamas and growing engagement in Gaza reflect a stark gap between its public diplomacy and private dealings, revealing a calculated effort to maintain influence in the region.
“Publicly, Turkey has presented itself as a diplomatic broker seeking a ceasefire. Privately, its continued high-level engagement with Hamas, particularly through intelligence channels, signals an enduring political alignment and a willingness to preserve the group as a relevant actor in postwar Gaza,” Ciddi wrote in a newly released report.
“Ankara’s maintenance of access to Hamas leadership is likely intended to help ensure Turkey retains influence over any future political settlement,” he continued.
Israel has consistently opposed any role for Turkish security forces in postwar Gaza, with Ankara seeking to expand its regional influence — a move experts warn could strengthen Hamas’s terrorist infrastructure.
Amid growing concerns over Turkey’s regional influence, a newly released FDD report underscored the country’s pivot under President Recep Tayyip Erdogan from its traditional Western alignment toward closer ties with Islamist movements, including the Muslim Brotherhood.
The report identified Turkey as a key refuge for Muslim Brotherhood leaders from across the region, including Egypt and Yemen, a role that has intensified after many fled their home countries amid government crackdowns.
For years, the Muslim Brotherhood has faced bans or restrictions across the Middle East, with some European countries and the United States recently designating the group or specific branches as terrorist organization.
“There is an established track record … where Turkey significantly undermines the transatlantic alliance’s core security concerns,” Ciddi said.
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US Appeals Court Reinstates $655M Ruling Against Palestinian Authorities Over Terrorism
Palestinian Authority President Mahmoud Abbas looks on as he visits the Istishari Cancer Center in Ramallah, in the West Bank, May 14, 2025. Photo: REUTERS/Mohammed Torokman
A US federal appeals court on Monday reinstated a whopping $655.5 million judgment against the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), delivering a major legal victory for American victims seeking to hold the groups responsible for the notorious “pay-for-slay” terrorism program.
The ruling by the US Court of Appeals for the Second Circuit restored a jury’s earlier finding that the PLO and PA bore civil liability under the Anti-Terrorism Act for a series of attacks in Israel that killed and injured US citizens.
In its opinion, the court recalled its previous mandate vacating the initial decision, writing that doing so was warranted by “intervening changes in underlying law” and the need to prevent an unjust outcome after years of litigation. The panel emphasized that appellate courts retained the authority to revisit earlier decisions in “extraordinary circumstances,” a standard it found satisfied in this case.
The judges also addressed the issue of jurisdiction, which had previously served as an obstacle in the case.
In 2023, a federal appeals court ruled that US courts did not have the authority to hear certain lawsuits against the PLO and the PA stemming from terrorist attacks abroad that killed or injured American citizens. In a decision issued by Second Circuit court, the panel concluded that Congress could not compel foreign defendants to face litigation in US courts without sufficient ties to the country, dealing a significant setback to victims seeking damages through American legal channels.
But the court signaled that subsequent legal developments from the Supreme Court and evolving interpretations of the Anti-Terrorism Act altered the analysis enough to justify reinstating the judgment.
At the center of the case was the Anti-Terrorism Act’s provision allowing US nationals to seek civil damages for acts of international terrorism. A jury had originally awarded damages to victims and their families, finding a link between the alleged terrorists and attacks targeting civilians. Those damages resulted in the mandated enforcement of the more than $650 million judgment.
For victims’ families and advocates, the decision marked a significant step toward enforcing consequences against groups accused of supporting or incentivizing violence.
Supporters have argued that lawsuits play a critical role in deterring terrorism, particularly when criminal prosecution is not possible. By reinstating the judgment, the court appeared to endorse the broader principle that US law can serve as a tool of accountability, even in cases involving foreign actors and overseas attacks.
The court cautioned that enforcement presents a distinct set of legal and practical challenges. It pointed to potential obstacles including asset location, sovereign protections, and the complexities of executing judgments against foreign entities.
The Palestinian Authority, which exercises limited self-governance in the West Bank and has long been riddled with accusations of corruption, has for years carried out a so-called “pay-for-slay” program, which rewards terrorists and their families for carrying out attacks against Israelis.
Under this policy, official payments are made to Palestinian prisoners held in Israeli jails, the families of “martyrs” killed in attacks on Israelis, and Palestinians injured in terrorist attacks.
Reports estimate that approximately 8 percent of the PA’s budget has been allocated to paying stipends to convicted terrorists and their families.
Skeptics suggest the hurdles in seeking financial retribution from the PLO and PA could prove substantial. The PLO and PA maintain limited assets within the US, and some may be protected from seizure. Efforts to enforce the judgment could also raise sensitive diplomatic concerns, particularly given the entities’ role in international negotiations and governance.
The case is likely to have far-reaching implications for future terrorism litigation, particularly as Congress continues to explore ways to expand the reach of US courts in holding foreign actors accountable.
