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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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US Sen. Rand Paul’s Son Apologizes After Drunken Antisemitic Insults Against Catholic Congressman
US Sen. Rand Paul (R-KY) is trailed by reporters as he arrives for the weekly Senate Republican caucus luncheon at the US Capitol in Washington, US, May 22, 2018. Photo: REUTERS/Jonathan Ernst
William Paul, the adult son of frequent Israel critic US Sen. Rand Paul (R-KY), has apologized following reports that he made antisemitic and homophobic statements while defending Rep. Thomas Massie (R-KY) to Rep. Mike Lawler (R-NY) at a Capitol Hill restaurant on Tuesday evening.
NOTUS reporter Reese Gorman witnessed the encounter at Tune Inn and wrote that the younger Paul, 33, sat a few seats down from Lawler at the bar when he introduced himself and told the congressman that if Massie lost in his upcoming primary, “your people” would be responsible.
Lawler, an Irish Catholic, asked, “My people?”
This prompted Paul to say, “Yeah, you Jews.”
Lawler then clarified his religious background, saying, “Do you think I’m Jewish? I’m not.”
Paul apologized for his error, replying, “Oh wow, I’m so sorry for calling you a Jew.”
Lawler later told reporters the comment was “just a remarkable statement in and of itself,” adding that “at one point, you know, said that he hates Jews and hates gays and doesn’t care if they die. And I think that’s f**king disgusting.”
Lawler told the New York Post that he responded to Paul mistakenly identifying him as a Jew with, “And even if I was, what’s the problem?”
“Then he got into the Middle East,” the lawmaker recounted. “And he was talking about, like, us trying to steal Iran’s land for the Jews and steal the West Bank, and I’m like, ‘What are you talking about?’”
Paul then reportedly proclaimed Jews were “un-American” and more loyal to Israel. Lawler argued back against Paul’s dual-loyalty accusations and accused him of being antisemitic.
“Paul Singer serves Israeli interests, not American interests,” Paul also said during the encounter, referring to the billionaire Republican donor and prominent Jewish supporter of pro-Israel causes.
Singer has supported Ed Gallrein, a retired Navy SEAL challenging Massie in Kentucky’s 4th Congressional District.
A new campaign ad that aired in Kentucky this week and was sponsored by Hold the Line PAC, a group backing Massie, characterized Singer as a “pro-trans billionaire” and featured a rainbow-colored Star of David behind his image while attacking Gallrein’s allies.
Critics condemned the imagery as antisemitic, arguing it invoked longstanding tropes about Jewish financial influence and used Jewish symbolism in a way designed to inflame cultural resentment.
Massie himself has been a fierce critic of Israel, condemning its military operations in Gaza and Lebanon and arguing that the Jewish state has targeted civilian infrastructure and should not receive assistance from the US.
US President Donald Trump has endorsed Gallrein and actively campaigned against Massie, who like Paul’s father is a libertarian-leaning Republican known for frequently breaking with party leadership and advocating an isolationist foreign policy.
During his outburst this week, the younger Paul also urged Lawler to watch far-right podcaster Tucker Carlson more and claimed that Massie and his father were the only legislators who care about America. In multiple postings on X, Paul promoted “Save the Republic Money Bomb” donations for Massie.
In December 2023, Massie sparked condemnation for posting a meme suggesting that Congress was more loyal to Zionism than “American patriotism.”
In recent years, meanwhile, Carlson has emerged as the leading anti-Israel commentator on the American political right, routinely advancing conspiracy theories condemning the Jewish state while heaping praise on Qatar, the longtime supporter of Hamas and the Muslim Brotherhood.
Tuesday’s exchange concluded with Paul performing an obscene gesture.
Lawler responded by asking, “Did you just give me the middle finger?”
Paul replied, “I’m sorry, yeah, I did. I’m just really drunk. I’m going to leave.” He reportedly stumbled on his way leaving the bar.
Paul attempted to apologize on X on Wednesday from his @TastyBrew1776 account, writing, “Last night, I had too much to drink and said some things that don’t represent who I really am. I’m sorry and today I am seeking help for my drinking problem.” He has struggled with his alcohol use before, pleading guilty to a drunk driving charge in 2015.
Rabbi Uri Pilichowski responded to the apology.
“You don’t just have a drinking problem, you have a Jew-hating problem,” he posted. “The Jewish sages taught, ‘Wine goes in, and secrets come out.’ You need some Jewish friends so you can correct your image of Jews.”
Conservative columnist Bethany Mandel, an advocate for Jewish outreach to antisemites, responded with an invitation to Paul, asking him, “Care to come for Shabbat dinner sometime?”
Addressing the admission of excessive drinking, Lawler told reporters, “That’s not an excuse for that type of hatred and vitriol. It’s my fourth year in Washington; that was arguably the most shocking thing I’ve witnessed.”
Lawler explained how he saw the encounter in the context of today’s rising antisemitism.
“But I mean, look, I think it speaks to a larger issue, obviously, in society and what we’re seeing among young people and what we see online,” he said. “And this is the level of hatred and vitriol, frankly, that some of my Jewish colleagues experience, but many of my constituents experience.”
Paul’s father chose not to comment on his son’s antisemitic outburst, saying to reporters on Wednesday only, “I don’t have anything for you.”
He and Massie have both faced substantial criticism for their positions on Israel.
On numerous occasions, Massie voted as the lone Republican in the House opposing bills supporting Israel and denouncing antisemitism. In October 2023, he voted against House Resolution 771, which stated that Congress “stands with Israel as it defends itself against the barbaric war launched by Hamas and other terrorists” and “reaffirms the United States’ commitment to Israel’s security.” In September 2021 he was likewise the sole Republican to oppose the Iron Dome Supplemental Appropriations Act.
In May 2022, Massie earned the distinction of being the only member of Congress to oppose a resolution honoring Jewish Americans’ heritage and denouncing a rise in antisemitic violence. He also distinguished himself further on Nov. 28, 2023, as the only legislator to vote against a resolution reaffirming Israel’s right to exist.
In January 2024, former South Carolina Gov. Nikki Haley condemned Massie as “the most anti-Israel Republican in Congress” and challenged her primary rival Florida Gov. Ron DeSantis to denounce his support.
Paul has also faced opposition for his actions against the Jewish state. In November 2018, he blocked two bills to continue military funding of Israel. Then-Florida Sen. Marco Rubio said then that “at a time when Israel faces unprecedented threats, blocking a bipartisan bill that empowers the US to stand with Israel is inexplicable.” Paul claimed that he supported Israel and that his move was intended toward encouraging the Jewish state to support its own defense.
Former Texas Rep. Ron Paul — the father of Rand and grandfather of William — has faced accusations of bigotry for decades, originating in his decision to publish a series of 1980s newsletters bearing his name which promoted racism, antisemitism, homophobia, and conspiracy theories, including one since identified by analysts as disinformation deployed by the KGB accusing the United States of creating the AIDS virus.
According to former Cato President Ed Crane, Ron Paul once told him that “his best source of congressional campaign donations was the mailing list for the Spotlight, the conspiracy-mongering, antisemitic tabloid run by the Holocaust denier Willis Carto.”
Rand has previously spoken fondly about the influence of one of his father’s antisemitic mentors, Murray Rothbard, the founder of the anarcho-capitalist and paleo-libertarian traditions who frequented the Paul family’s dinner table. During his career, Rothbard promoted Holocaust deniers, used antisemitic slurs in private correspondence, called for abolishing the Constitution to return to the Articles of Confederation, and urged Republicans to support former Ku Klux Klan leader David Duke.
“I have one of the largest Jewish populations anywhere in the country in my congressional district, and I’m not going to stop standing up for my constituents,” Lawler told reporters. “I’m going to stand up for the Judeo-Christian values that are at the core of our nation, our Constitution, and our rule of law, as I reminded Mr. Paul.”
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Israel to Extend F-35 Flight Range in Push to Build Up Military Force
A US Marines F-35C Lightning II is staged for flight operations on the flight deck of the US Navy Nimitz-class aircraft carrier USS Abraham Lincoln in support of the Operation Epic Fury attack on Iran from an undisclosed location March 3, 2026. Photo: US Navy/Handout via REUTERS
Amid a multi-front conflict and a broader drive to bolster its military capabilities, Israel has signed a new contract with Elbit Systems subsidiary Cyclone to develop an extended-range capability for the F-35 Lightning II, marking its latest effort to extend the aircraft’s operational reach and endurance.
On Thursday, Israel’s Defense Ministry announced it signed a $34 million contract with Cyclone to develop and integrate external fuel tank systems for the Lockheed Martin-manufactured platform, aimed at enhancing its operational reach and in-flight persistence during extended missions.
Based on an existing Cyclone design used on F-16 aircraft, the system is expected to reduce reliance on aerial refueling and enhance the Israeli Air Force’s flexibility in long-range operations.
The aircraft integrates stealth capabilities, advanced data fusion, and internal weapons carriage, alongside Israeli-developed electronic warfare, communications, and computing systems that are incorporated into the US-built platform architecture.
Israeli officials said the agreement is part of a broader effort to strengthen domestic defense-production capabilities, improve readiness for a prolonged period of security challenges, and preserve Israel’s regional air and strategic superiority, amid an expanding multi-front conflict against Iran and its regional terrorist proxies.
After more than three years of war, Israel is now expected to increase defense spending over the next decade by roughly $95 billion, on top of an annual defense budget that has already grown from under $27 billion to nearly $40 billion.
Earlier this month, Israel also announced a major expansion of its combat air fleet, effectively doubling its planned procurement of F-35 Lightning II aircraft from 50 to 100, while increasing its next-generation F-15 Eagle fleet from 25 to 50, as part of one of its largest long-term force modernization programs in decades.
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I run The Jewish Theological Seminary. Here’s the real story about President Isaac Herzog speaking at our commencement
Because there have been many public misstatements and mischaracterizations, I believe it is incumbent on me as chancellor of The Jewish Theological Seminary to clarify the facts about our invitation to Israeli President Isaac Herzog to serve as our commencement speaker this year.
Herzog’s leadership and public service reflect the core principles and values that underlie JTS’s enduring commitment to the state of Israel, and to a vision of Zionism that is central to our institution. His life and work, including his advocacy for strengthening Israel’s democracy and his defense of a two-state solution, align with JTS’s mission.
Our seminary’s leadership felt that awarding him an honorary degree, and having our students hear him speak directly to them, would be both a privilege and fully consistent with our love for Israel and the people of Israel. (Herzog can no longer attend the commencement in person, but will be delivering his commencement address virtually, and will receive his honorary degree in person at some date in the future.)
I am proud that JTS serves as a forum for respectful disagreement, which our choice of Herzog as speaker prompted. The Jewish world encompasses a wide range of perspectives, particularly regarding the political situation in Israel. That diversity of thought exists both within our classrooms and beyond. I welcome the voices of those who may disagree.
What is regrettable is the extent to which respectful disagreement has been drowned out by a public media spectacle.
After our initial announcement of Herzog as commencement speaker, six seniors in JTS’s undergraduate dual-degree programs with Barnard College and Columbia University wrote a letter expressing their opposition to our decision.
Those students’ concerns focused on the policies of the Israeli government in its recent wars, and in no way challenged the legitimacy of the state of Israel. They also asked some additional students and alumni of other JTS schools to sign on in support of their objections. This list of supporters included four rabbinical students, three of whom are first-year students.
As too often happens in such circumstances, the letter was shared more widely, without the students’ prior knowledge or consent. This was dismaying to several of the students, who had intended to hand deliver it to me to spark conversation. What should have been a private exchange between students and their administrators escalated in alarming ways.
The authors were publicly criticized, misidentified as rabbinical students, and labeled “anti-Zionist,” including by some parties who purport to care deeply about JTS. Calls were made for their expulsion, and unfounded accusations were directed at their characters.
Few individuals from the community called me for clarification about what was actually transpiring before rushing to judgment publicly. Absent was the principle of “dan l’chav zechut” — that we should assume the best unless proven otherwise. I was deeply saddened by the outcry.
Here’s what actually happened: After I was made aware of this letter, I invited the undergraduates who authored it to meet with me for an extended and honest conversation. What they said in that conversation made it clear that anyone who labels them as anti-Zionist is misguided.
Rather, they are thoughtful individuals whose consciences are deeply troubled by many of the actions of Israel’s current government. Our conversation gave us an opportunity to discuss the role of dissent within a committed community, the importance of understanding the totality of a public figure’s career rather than focusing on isolated statements, and the distinct responsibilities of the offices of prime minister and president of Israel.
We at JTS take our responsibility as educators seriously. First and foremost, we are here to teach our students to engage with difficult issues thoughtfully, navigate disagreement and move forward in constructive and meaningful ways.
But just as important is our obligation to support and defend them when they are portrayed unfairly in public forums by those who do not know them as we do.
We take equal pride in the students who wrote the letter raising concerns about Herzog’s role in commencement, and those who wrote a letter to me expressing strong support for it — a response I heard echoed by many.
As Noam Pianko wrote in the Forward, this kind of thoughtful and respectful exchange about Israel and Zionism at JTS is not new; it is part of a longstanding tradition and precisely the kind of engagement we should continue to foster. One of our students who favored Herzog’s appearance reflected that in our courses, “the focus is not on advancing a single vision of Zionism but on confronting the deep and often irreconcilable disagreements within it. We read competing Zionist thinkers … Each author offers fundamentally different answers to what a Jewish state should be and what it should prioritize.”
We hope the Jewish community joins us in taking pride in the thoughtful young people who are working to navigate a complex Jewish world. By embracing, supporting and educating them, we can help ensure they remain deeply connected to the Jewish community, continue to be nourished by it, and contribute to its future in meaningful ways.
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