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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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The Nazis massacred innocents when their regime was crumbling. What does that say about Minneapolis?

“We are the strongest country in the world,” Scott Bessent, the United States’ treasury secretary, said recently on Meet the Press. “Europeans project weakness. We project strength.”

The events of this month in Minneapolis, culminating with the fatal shooting of Alex Pretti by Border Patrol agents last weekend, show he is incorrect. Mass violence by the government against the people is not a sign of strength, but rather a sign of a nation dangerously divided. “Massacres seem, on one level, to be outcomes of power struggles within weak or crisis laden states,” writes Mark Levene, a professor of Jewish history, in The Massacre in History, adding that a massacre is “indicative not of power at the center but rather, of the lack of it.”

Here is one example from history: On June 10, 1944, days after the Allied invasion of Normandy, the German army entered the French village of Ouradour-sur Glane and rounded up 197 men and 445 women and children. They locked the men in a barn and the women and children in a church, and proceeded to kill them — 642 people, including seven Jewish refugees.

German military power made the massacre possible. But the slaughter took place while the Nazi state was disintegrating. The massacre projected weakness on the part of the failing German power, not strength.

More recent examples are also available.

Within the last month, the government of Iran has killed thousands of its own citizens who were protesting the oppressive regime — violence that has brought the country closer to regime change than at any point since the 1979 revolution.

Already weakened by its inability to protect itself from Israeli and American bombardment last summer, the government’s massacre of its own people has been broadly interpreted as a signal of profound instability. The “despotic regime is fragile and desperate,” Benjamin Wallace-Wells recently wrote in The New Yorker. When the government turns to violent repression, it gambles: It can provoke yet more outrage, or it can succeed in forcing calm — temporarily.

Which brings us to the U.S., which Scott Bessent has claimed is projecting strength. What has occurred in Minneapolis does not yet qualify as a massacre, despite the killings of Pretti and Renée Nicole Good. But our own country’s history provides a warning about the dire signal those killings send, and how much worse things could get.

Directly after the end of the Civil War, Memphis, Tennessee received a flood of immigrants, particularly Black citizens newly freed from slavery. The U.S.army occupying Memphis as part of Reconstruction reacted by arresting many of those free black citizens, and forcing them to work in the cotton fields outside the city. Major William Gray ordered that the streets be patrolled by soldiers from Fort Pickering, tasked with making arrests and forcing those they detained to accept exploitative labor contracts with local planters.

Similarly, the Memphis police, all white, took to beating black people in the street for the crime of “insolence.” After a white policeman was shot during an altercation in 1866, a white mob made up in large part by the municipal police and fire fighters ransacked Black homes and killed 46 Black people.

That massacre took place at a time when the United States was bitterly divided. The Civil War had just ended. The President had been assassinated. In Memphis, federal forces rubbed shoulders uneasily with municipal police. Local and national political powers were profoundly at odds.

The massacre in Memphis offers both an explanation and a warning about what is happening today in Minneapolis — and what could still be in store.

Just as our military kidnapped people off the streets of Memphis, forcing them into inhumane conditions, so ICE is kidnapping people in Minneapolis today. Just as children were arrested in Memphis, children as young as 5 have been detained in Minneapolis.

These parallels are evidence of a weak and woefully unpopular government. What is happening in Minneapolis is appalling; the example of Memphis gives us reason to fear that the stage is being set for something worse.

That said, there are no laws of history. Not every weakened or divided society results in a massacre. But there is an alarming resonance between the legacy of the Nazi massacre in Ouradour-sur Glane; the Iranian regime’s massacre of civilian protesters; the 19th-century massacre in Memphis and the outbreak of official violence in Minneapolis. It is that of a radically divided society, with a weakened government, falling prey to horrendous violence.

The post The Nazis massacred innocents when their regime was crumbling. What does that say about Minneapolis? appeared first on The Forward.

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Orthodox Jewish groups have been quiet about ICE. This Minneapolis rabbi wasn’t.

When the heads of major Jewish denominations co-signed a letter last week criticizing “in the strongest possible terms” the conduct of Immigration and Customs Enforcement in Minneapolis, Orthodox Judaism was conspicuously absent. Neither the Orthodox Union nor Agudath Israel of America — the two leading Orthodox umbrella organizations — has commented on the mass deployment of ICE and Border Patrol officers to the city.

There’s a reason Orthodox leaders might be choosing their words carefully — condemning ICE would put them at odds with not only a sizable chunk of their membership. Unlike members of the Reform, Conservative and Reconstructionist movements, Orthodox Jews — who represent about a tenth of the American Jewish population — lean heavily conservative, with about three-quarters supporting President Donald Trump in the 2024 election. (The Orthodox Union and Agudath Israel did not respond to separate inquiries.)

There was, however, at least one Orthodox rabbi willing to criticize ICE in public. Rabbi Max Davis, who leads the Minneapolis synagogue Darchei Noam Congregation, was one of 49 Jewish leaders to sign a Jan. 16 letter from the Minnesota Rabbinical Association, which said ICE was “wreaking havoc across our state” and which resolved to “bear witness and make a difference.”

I called Davis to learn more about why he signed and what he’s seeing on the ground. He also spoke about congregants who have been pepper sprayed or arrested at protests, how he approaches politics at the pulpit of an Orthodox shul, why he rejects the Holocaust comparisons some are making and how he’s tried to make a difference.

Rabbi Max Davis Courtesy of Darchei Noam Congregation

The interview below has been edited for length and clarity.

The Forward: Why did you sign this letter?

Rabbi Max Davis: It felt like a very reasonable, very carefully thought out response to the present situation. I know that there are many within the shul who are looking for some leadership in this moment, and signing was a drop in the bucket compared to what some people are doing.

By the same token, I know that there are other perspectives within my own shul and certainly within the broader Orthodox community, and I strongly believe that it’s not the role of a rabbi to police his congregants’ politics. In our shul, we learn from and respect each other, and there’s an incredible amount of wisdom and life experience beyond my own. So I signed with caution, but with quite a feeling of disappointment and anger in the events unfolding downtown, and the loss of life in particular.

I’m probably the only Orthodox rabbi in the Minnesota Rabbinical Association, and there have been statements issued that I have not signed. But this one was an opportunity I was not going to miss.

What’s been the reaction at Darchei Noam to your signing the letter?

I got several yasher koachs (plaudits) privately. Those who may disagree, I think were and are being polite. There’s definitely been some pushback about politics entering our shul. But I haven’t heard much about the letter specifically. I don’t think anyone was terribly surprised that I signed it.

More broadly, what are things like in your community right now?

Within our kehilla (congregation), there’s a diversity of opinion. But mostly what I’m hearing is deep sorrow and frustration and anger and pain — particularly from those who watch the videos, who are acquainted with individuals suffering directly from the ongoing operations, or who have watched what the operations have been doing to our city and to our community.

Have you seen what’s happening firsthand?

There’s someone in our extended community who just got out of jail and called me about 10 minutes ago to give me a heads up. We have a couple of people in the community who have been pepper sprayed. We have people in the community who have been very active in supply drives and driving children to school because their parents are afraid to come out.

Instead of buying stuff at the sort of generic supermarket I thought I might as well make the money count where people are hurting the most. So I went a couple weeks ago to try and pick up some kiddush supplies down at one of the large Latino markets that I know has taken quite a hit. I was pretty much the only customer. It was a very sad place.

So in those regards, I’ve seen what’s going on. I was down at the march last Erev Shabbos (Jan. 16). It was minus-10 degrees. There were 50,000 people out there in the streets and thousands more in the skyways and in the buildings that we could see. You see banners and signs hanging onto highways. You see people clustered at intersections with signs and upside-down American flags. There’s a tremendous amount of anger out there.

Protesters gather near where Alex Pretti was shot dead by federal immigration agents on Jan. 24. It was the second fatal shooting of a civilian in the city, sparking fresh protests and outrage from state officials. Photo by Roberto Schmidt / AFP via Getty Images

What’s it like to be living through that?

It’s heartening and it’s disheartening. It’s disheartening that it feels necessary; it’s heartening to see community coming together. It’s disheartening to see signs comparing the federal government and ICE to Nazi Germany; I find that, as a Jew, deeply offensive and ignorant. And by the same token, I find all of the messages around community and common decency to be a beautiful sight.

It’s not to say that I have any solutions to the more fundamental politics. I’m not saying that the country doesn’t have an immigration problem. But I do know that you can’t watch the video of Alex Pretti, the ICU nurse from the VA hospital, you can’t watch the video of Renee Good in her car and how that unfolded — shootings on streets and in neighborhoods that I know — you can’t watch that and not be highly disturbed and moved.

Have you addressed this moment at all from the pulpit?

I have definitely mentioned it in a couple of drashos (sermons). A couple of weeks ago, I spoke about ignoring the broader humanity and the plight of our neighbors at our own moral peril. Nechama Leibowitz sees a progression in Moshe’s interventions, first on behalf of another Jew against the Egyptian, then for a Jew against another Jew, and finally, with the daughters of Yitro at the well, between two non-Jewish parties. It was a good base for talking about doing what we can, when we can, to be an ohr l’goyim (a light unto the nations). I don’t think I said the word “ICE,” but there was no mistake about the subject matter — I think Renee Good had been shot like two days earlier.

With drashos, I’ve tried to be a little bit more tempered and restrained, because I think a lot of people come to hear Torah and inspiration and political issues are risky business. I’m also careful because I don’t want to ruin people’s Shabbos in other ways. Everyone has so much of this all week long, and I know some people look forward to Shabbos just to take a break. I’ve been told by some people that I’ve been too pareve, and by others that it’s been too much. So maybe I’m succeeding or failing everybody at the same time.

People protest against ICE after the fatal shooting of Renee Good in downtown Minneapolis, Minnesota on Jan. 10. Photo by Charly Triballeau / AFP via Getty Images

You mentioned the Nazi comparisons. Why do you take offense to those in this context?

That was industrialized murder, and concentration camps — there’s not a word to describe the evil of what that was. That was just exponentially more horrific. And it disturbs me to no end — although I am not surprised to see people make this comparison and I get where they’re coming from — how lightly the Holocaust and the evils of Nazi Germany seem to be treated when people want to trot out a paradigm of evil.

Why did it feel important to you to patronize the Latino grocery store?

I feel for these communities, where these are honest, legitimate, hard working businesses, and they watch their customer base all but dry up — that includes people who are here legally, employees who are here legally. But there are so many stories of individuals who are being racially profiled or being picked up by mistake.

I was very angry about the story of a Laotian man who, in front of his family and children, was pulled out of the shower into 10-degree weather and bundled off into an ICE vehicle and driven around for an hour before they figured out that he was here legally and had no criminal record. He was let go without so much as an apology. He’s got a wife and small children — and I’ve got a wife and kids, you know? This kind of thing is absolutely unacceptable. And unfortunately, it doesn’t seem like that was such an outlier case. And that’s not an America that I believe in.

The post Orthodox Jewish groups have been quiet about ICE. This Minneapolis rabbi wasn’t. appeared first on The Forward.

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Stories of ghosts, grief and Shabbat gladness win top prizes in Jewish children’s literature

(JTA) — Anna is a misunderstood sixth-grade girl who communicates with the ghosts of her Jewish ancestors. Teased by her classmates and worried-over by her family, she finds comfort and understanding with her Bubbe and her beloved Jewish traditions.

“Neshama,” Marcella Pixley’s lyrically written novel-in-verse, won the gold medal for Jewish children’s literature for middle-grade readers from the Association of Jewish Libraries. Its Sydney Taylor Book Awards were announced today in a virtual livecast from Chicago.

The award committee called Pixley’s “a lyrical, deeply Jewish story about identity, grief, and resilience.”

The annual award, named in memory of Sydney Taylor, the author of the “All-of-a-Kind Family” series, “recognizes books for children and teens that exemplify high literary standards while authentically portraying the Jewish experience,” according to the award committee’s announcement.

Other winners include “D.J. Rosenblum Becomes the G.O.A.T,” a coming-of-age mystery by Abby White, which won in the young adult category, and “Shabbat Shalom: Let’s Rest and Reset,” a lively board book written and illustrated by Suzy Ultman, which won the picture book award.

The Sydney Taylor committee named Uri Shulevitz, whose 2008 book “How I Learned Geography” drew on his boyhood experiences fleeing Poland after the Nazi invasion in 1939, as the winner of its Body-of-Work award. Shulevitz, a multi-award winning storyteller and illustrator, died last year.

In addition to the top winners, the Sydney Taylor committee named five silver medalists and nine notable titles of Jewish content.

“This year’s winners and honorees exemplify excellence in Jewish children’s literature through vibrant storytelling and rich perspectives that foster empathy, understanding, and a deep appreciation for culture and community,” said Melanie Koss, chair of the award committee.

Winners will receive their awards in June in Evanston, Illinois at the AJL’s annual conference.

In “D. J. Rosenblum Becomes the “G.O.A.T,” an about-to-be bat mitzah-age girl is determined to prove that her beloved cousin did not die by suicide. Abby White lightens the emotional subject with a teen’s authentic, humorous voice.

“She wrestles with her Torah portion and faith, finding strength to face loss and begin moving forward,” the committee noted.

“Shabbat Shalom” may be the first board book to garner the award, Heidi Rabinowitz, a long-time podcaster about Jewish children’s books, told the Jewish Telegraphic Agency.

“The sophisticated board book combines succinct text with playful art,” the committee wrote in its release.

In awarding its Body-of-Work award to Shulevitz (1935-2025), who lived with his family in Israel before settling in New York, the committee recognized him as a “foundational voice in Jewish children’s literature.” His books “illuminate Jewish culture and reflect universal experience,” the committee wrote.

Many of Shulevitz’s titles reflect his Jewish roots, including “The Golem,” by Isaac Bashevis Singer and “The Travels of Benjamin of Tudela,” an illustrated travelogue for children based on the real-life voyages of the 12th-century Jewish traveler who visited Rome, Constantinople, Baghdad and Jerusalem. Shulevitz garnered the Caldecott medal, children’s literature’s top honor for illustrated books, for “The Fool of the World and the Flying Ship.”

Earlier, the AJL announced that Jessica Russak-Hoffman, a journalist for Jewish media outlets, won the organization’s new manuscript award for “How to Catch a Mermaid (When You’re Scared of the Sea),” a novel set in Israel for ages 8-13.

Last week, the AJL named Jason Diamond as the 2026 winner of its Jewish Fiction award for his novel, “Kaplan’s Plot.”

At Tuesday’s event, the Youth Media Awards hosted by the American Library Association, the winners were also announced for the Caldecott, Coretta Scott King, Newberry and Printz awards, among others. The Asian American Picture Book award went to “Many Things All At Once,” by Veera Hiranandani and illustrated by Nadia Alam, the story of a girl with a Jewish mother and a South Asian father.

 

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