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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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Germany has found the culprit behind a deadly antisemitic arson fire. It still hasn’t learned its lesson.
The only way out of the Jewish old-age home at Reichenbachstrasse 27 in Munich ran through a four-story wooden stairwell. On the evening of Feb. 13, 1970, someone soaked that stairwell with gasoline and set it on fire.
It became a chimney. Flames and smoke raced upward, cutting off the residents above. Firefighters rescued many of the roughly 30 people inside, but seven Jewish residents aged 59 to 71, died. 15 people were injured, four seriously. All seven victims had survived Nazi persecution. Auschwitz had been liberated just 25 years earlier.
For 56 years, no one could identify the culprit.
In August, the Munich General Prosecutor’s Office announced that it now believes a right-wing extremist started the fire. Earlier this year, the German newsmagazine Der Spiegel identified him as Bernd V., providing only his first name and last initial in accordance with German privacy laws. Der Spiegel also ran a black and white police photo of the suspect. It shows a man with a broad forehead, deep-set eyes and weak chin, wearing an unsmiling, withdrawn expression. The caption read, “Raised with Love for the Führer.”
Bernd V. was 25 at the time of the arson attack and died in 2020. His death means there will be no trial, though prosecutors say the evidence now points clearly to his responsibility. They found no reliable evidence of accomplices.
After his death, a woman contacted authorities and told the police that Bernd V. and two other men had been involved in a botched burglary at a jewelry store close to the Jewish community center on the night of the attack. Bernd V. ranted to his accomplices that the Jews had everything while Germans like him had nothing and verbally threatened to set Jews on fire. Roughly 15 minutes later, the building at Reichenbachstrasse 27 was ablaze.
In April 2025, investigators in Munich reopened the case, which had been closed in 2017 for lack of evidence. Old acquaintances of Bernd V, including relatives of the woman who had provided the new statement and who corroborated her account, remembered a man with a deep hatred of Jews who was obsessed with Hitler. He played records of the Führer’s speeches and practiced shooting around Berchtesgaden, where Hitler once had an idyllic residence. As a juvenile, Bernd V. had been sentenced for blowing up two telephone booths.
More strikingly, he was not a new suspect in the arson case. A former cellmate from one of Bernd V.’s prison stints in the early 1970s told investigators that Bernd V. had boasted to him of carrying out the Reichenbachstrasse attack and described details that, according to prosecutors, were not publicly known. Prosecutors questioned Bernd V. in 1972; he denied involvement, and the case against him was dropped two years later for lack of evidence.
The Reichenbachstrasse fire changed Jewish life in Germany — and the long uncertainty about its perpetrator helped shape a comforting German story about the sources of postwar antisemitism.
Bernhard Purin, the founding director of Munich’s Jewish Museum, has called the attack, quite simply, “the rupture.” Purin, who died in 2024, explained in a 2020 interview that before Feb. 13, 1970, people entered Jewish community centers much as they entered Christian ones. Afterward came police cars, cameras and heightened security, including metal detectors. Jews in Germany drew the bleak conclusion that they could only live under protection.
That security regime has become so routine here that it passes for normal. Police officers and Israeli security stand guard outside synagogues and Jewish schools. Visitors pass barriers and identity checks before entering institutions devoted to worship, education and community.
Permanent security presence has an unintended consequence: It marks official Jewish life as something fundamentally separate from ordinary life. A synagogue behind police barriers may be safer, but that fortification tells Jews and non-Jews alike that Jewish institutions are a world apart.
The attack also has another legacy. Because nobody knew who committed it, the crime gradually became evidence in a wider argument about left-wing antisemitism. In 1969, German left-wing radicals planted a bomb that failed to detonate at the Jewish community center in West Berlin on the anniversary of Kristallnacht. Parts of the revolutionary left embraced an anti-Zionism that could turn antisemitic. The Red Army Faction later celebrated the Palestinian terrorists who murdered 11 members of the Israeli Olympic team in Munich in 1972; German left-wing terrorists subsequently collaborated with Palestinian militants at Entebbe.
But the history of left-wing antisemitism gradually absorbed a crime for which no such attribution had been proved. It fed into the narrative that, as the political scientist Yascha Mounk put in his 2014 book Stranger in My Own Country, “since 1945, the Germans who have committed the most radical attacks on Jews were not right-wing radicals.” Many Germans found it psychologically convenient to believe that the Reichenbachstrasse victims had died at the hands of German antifascists rather than neo-Nazis.
The generation of 1968 performed an indispensable service by forcing West Germany to confront questions its parents had largely evaded: What had Germans done under Hitler? Why had former Nazis returned to positions of authority? What did Auschwitz demand of the generations that followed?
The discovery that some of those self-proclaimed antifascists themselves became antisemites produced a terrible historical irony. It also offered Germans a way to relocate antisemitism. The Jew-haters were now the rebellious children, the revolutionary leftists, the Palestinians and not necessarily the political descendants of the very people who had murdered Europe’s Jews.
Mounk himself called the radical left’s projection of fascism onto Jews and Israel a “psychological coping mechanism.” The apparent solution of the Munich case suggests a parallel mechanism in postwar Germany: antisemitism has often been easiest to recognize when it belongs to somebody else.
Today, that somebody else is frequently Muslim.
At the reopening of the Reichenbachstrasse synagogue last September, German Chancellor Friedrich Merz explicitly acknowledged that antisemitism “was never gone” from the Federal Republic. But within minutes he turned to immigrants, arguing that Germany had ignored the fact that a “considerable” number came from countries where antisemitism was effectively state doctrine. Months earlier, he had told Fox News that Germany suffered from “a kind of imported antisemitism.”
Since Oct. 7, 2023, Jews in Germany have faced alarming hostility connected to Israel and Gaza, including from Islamist and radical anti-Zionist milieus. But that’s only part of the story. Germany’s principal civil-society monitoring network for antisemitism, RIAS, recorded 8,725 antisemitic incidents in 2025. It linked 807 of them to right-wing extremism, the highest number in that category since nationwide monitoring began. And Germany now has a far-right party of enormous electoral strength whose leading figures have repeatedly tested the boundaries of the country’s postwar taboos.
That party, Alternative for Germany (AfD), is currently polling around 41% in Saxony-Anhalt ahead of next month’s state election. One of its most prominent politicians, Björn Höcke, has twice been convicted for using the banned slogan of Hitler’s SA.
Fifty-six years after seven Jews died in a burning building, prosecutors now believe the likeliest perpetrator was a German neo-Nazi whose fanatical hatred had been visible for years. That finding comes too late to punish him. It does not come too late to unsettle the story Germans have often told themselves about the crime.
And the other legacy of that night remains all around us. The rupture of 1970 has never fully healed. German Jews still worship, study and gather behind cameras, guards and police barricades: constant reminders that Jewish life here is somehow separate.
The challenge is not only to safeguard Jewish life, but to stop treating permanent protection as its natural condition. That requires Germany to confront antisemitism wherever it appears, including on a resurgent far right whose danger is easier to minimize when attention is fixed elsewhere.
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Emil Kalin wins Mendele Prize for Yiddish Literature 2026
דער תּּל-אָבֿיבֿער שטאָטראַט האָט די וואָך אַנאָנסירט, אַז דער ייִדישער שרײַבער עמיל קאַלין האָט זוכה געווען צו באַקומען דעם מענדעלע-פּּריז פֿאַר ייִדישער ליטעראַטור. דעם פּרײַז טיילט די שטאָט אויס יעדע פֿיר יאָר פֿאַר בעלעטריסטיק, ליטעראַטור־קריטיק אָדער אַנדערע בײַטראָגן צו דער ייִדיש־ליטעראַטור.
דעם פּריז האָט מען אים געגעבן אין שײַכות מיט זײַן לעצטן ראָמאַן, „צוזאַמענבראָך“ (2025), וועגן אַ געוועזענעם חרדישן ייִד פֿון ירושלים, וואָס פֿאַרלאָזט זײַן פֿרוי און קינד און לאָזט זיך גיין אויף אַ קאָמפּליצירטן גײַסטיקן דרך. דאָס בוך איז דערשינען אין פֿאַרלאַג ייִדיש-בראַנזשע און לייוויק-פֿאַרלאַג, מיט דער שטיצע פֿון דער „נאַציאָנאַלער אינסטאַנץ פֿאַר ייִדישער קולטור“. מע קאָן עס קויפן דורך leyvik.org.
נישט לאַנג נאָך דער פּובליקאַציע פֿונעם ראָמאַן האָט דער פֿאָרווערטס־רעצענזענט מיכאל קרוטיקאָוו געשריבן וועגן דעם בוך, און בפֿרט וועגן דעם הויפּט־פּערסאָנאַזש, הערש, אַזוי:
קאַלין שילדערט סײַ מענטשן און סײַ לאַנדשאַפֿטן אָן קײן שום באַפּוצונג. ער איז אַ מײַסטער פֿון מעטאַפֿאָרישן אימאַזש, װאָס שאַפֿט אַ געהעריקע שטימונג. די שטאָט תּל־אָבֿיבֿ איז אַ מין לעבעדיקע, פֿיבערדיקע חיה, װאָס כאַפּט הערשן פֿעסט אַרום „מיט בײדע שװיציקע הענט.“ די אױטאָבוסן זײַנען „אומגעלומפּערטע יבשה־שיפֿן, װאָס שנײַדן זיך קױם דורך אַ װעג אין דער ברױזנדיקער באַװעגונג.“ ער אַנטלױפֿט קײן ירושלים מיט אַ האָפֿענונג, „אַז ירושלים װעט מיך דערהײבן מיט זיך, אָבער דאָס פֿאַרקערטע איז געשען: ירושלים האָט מיך דערנידערט, אַראָפּגעשלעפּט מיט זיך אין בלאָטע.״
די דרײַ ריכטער פֿונעם פּריז־קאָמיטעט — דבֿ־בער קאָטלערמאַן, דניאל גלאַי און נירה תּובֿל — האָבן געזאָגט, אַז קאַלינס בוך איז נישט בלויז זייער גוט געשריבן, נאָר איז אויך איינער פֿון די גאָר ווייניק מאָדערנע ראָמאַנען אויף ייִדיש, וואָס באַהאַנדלען טעמעס פֿון דער הײַנטיקער ישׂראלדיקער געזעלשאַפֿט.
אַחוץ „צוזאַמענבראָך“ האָט קאַלין אַרויסגעגעבן צוויי אַנדערע ראָמאַנען, און הײַיאָר וועט דערשײַנען זײַן פֿערטער. די אויסטיילונג וועט פֿאָרקומען דעם 1טן דעצעמבער 2026 אין עינבֿ-זאַל, וווּ עס וועט אויך בײַזײַן דער תּל-אָבֿיבֿער בירגער-מײַסטער רון חולדאי.
עמיל קאַלין איז געבוירן געוואָרן אין 1982 אין בוקאַרעשט, און האָט מיט זײַן משפּחה עולה געווען קיין ישׂראל אין עלטער פֿון 7 יאָר.
ער האָט פֿאַרענדיקט זײַנע הויכע לימודים אינעם העברעיִשן אוניווערסיטעט אין ירושלים, און האָט לאַנגע יאָרן געאַרבעט אין הײַטעק. הײַנט לערנט ער פּסיכאָלאָגיע אינעם תּל-אָבֿיבֿער אוניווערסיטעט.
קאַלין האָט אויך איבערגעזעצט אויף ייִדיש דאָס דײַטשישע בוך „דער גאַנג פֿון די הינט“, וואָס איז אַרויס דורכן פֿאַרלאַג „אָלניאַנסקי טעקסט“. זײַנע אַנדערע ביכער זײַנען אַרויס דורך די פֿאַרלאַגן „ייִדיש בראַנזשע“ און „ה. לייוויק“.
זײַנע קירצערע ווערק קען מען לייענען אינעם דיגיטאַלישן זשורנאַל „ייִדיש בראַנזשע“, רעדאַקטירט פֿון באָריס סאַנדלער.
אין יאָר 2025 איז ער פֿאַרבעטן געוואָרן אויף אַ טור אין אַכט שטעט אין דײַטשלאַנד, כּדי פֿאָרצושטעלן דאָס בוך „צוזאַמענברוך“.
ער וווינט אין תּל־אָבֿיבֿ מיט זײַן פֿרוי שבֿע כּהן און זייערע דרײַ קינדער.
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Brussels Airlines workers threaten strike over flights to Israel, citing ethical objections
(JTA) — A Belgian union has threatened to strike against Brussels Airlines for compelling staff to work on flights to Israel, saying that anyone with “safety or conscientious objections” should be able to refuse.
ACV Puls, Belgium’s largest trade union, said on Tuesday that the company was breaking previous agreements to rely on volunteers for flights to Tel Aviv. The airline resumed flights to Tel Aviv on August 3, following a five-month pause because of the U.S.-Israeli war in Iran, and its first flights were operated with volunteers.
“Serious concerns exist among the staff regarding both physical safety and the mental and ethical impact of these flights,” ACV Puls spokesperson Jolinde Defieuw said in a statement. She added that making staffing mandatory was “particularly serious in the context of the ongoing war and the genocide in Gaza.”
ACV Puls, which represents aviation employees including pilots, cabin crews and ground staff in Belgium, said that a strike could follow if Brussels Airlines does not reverse its decision to resume regular staffing. The union argued that flying to Israel could not be deemed sufficiently safe, citing Belgium’s Ministry of Foreign Affairs, which advises against “all non-essential travel to Israel and Jerusalem.”
They also said that workers should be able to decline the flights for ethical reasons. Those who have “safety or conscientious objections must be able to refuse these flights without financial, professional, or disciplinary consequences,” said the union.
Nico Cardone, a spokesperson for Brussels Airlines, told the Jewish Telegraphic Agency that safety was the company’s “highest priority, whether we operate with volunteers or not.” He added that the airline was “not a political party” and made decisions about flight operations based on safety and demand.
“We do not engage in political discussions about the governments of certain destinations, and we ask our staff to uphold this same professional standard,” said Cardone.
ACV Puls said the airline was compelling crews to work because it had not found enough volunteers. Cardone disputed that, saying the airline always aimed to return to regular crew scheduling over time.
Along with threatening a strike, the union called on the Belgian government to weigh in. ACV Puls said the government should take a stance on the availability of commercial flights to Israel “despite the ongoing war, the massive civilian casualties, and the serious accusations of war crimes and human rights violations against the Palestinian population.”
Belgium has grown increasingly critical of Israel’s conduct in Gaza and Israeli settlements in the West Bank since 2023. Earlier this year, Belgium banned aircraft carrying military equipment bound for Israel from crossing its airspace. The government in July approved a ban on goods imported from Israeli settlements in the Palestinian territories.
This article originally appeared on JTA.org.
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