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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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Holocaust denier Nick Fuentes admits ‘at least 6 million’ Jews were killed in Nazi Germany
Holocaust denier Nick Fuentes appeared to acknowledge that “at least” six million Jews were killed in Nazi Germany, in a tense interview with broadcaster Piers Morgan on Monday. Yet, he doubled down on his past statement that Adolf Hitler was “f–king cool” and claimed that the true “genocide” is against white Christians.
In a 30-minute exchange that aired live on the Piers Morgan Uncensored talk show on YouTube, Fuentes also mocked descendants of Holocaust victims and survivors for speaking about the atrocity, claimed that organized Jewry politically benefits from it and criticized laws in certain countries that prohibit Holocaust denial or debate about it.
It is unclear whether Fuentes’ admission about the number of Jews killed by the Nazi regime during World War II represented an about-face from his past questioning of the Holocaust — referring to it as a “hoax” and claiming the numbers of victims “don’t add up” — or simply trolling for argument’s sake.
Fuentes, whose followers are known as groypers, has become popular among white supremacists in recent years, promoting a wide range of antisemitic views and conspiracy theories on his podcast “America First.” He attended the deadly 2017 “Unite the Right” rally in Charlottesville, Virginia, where marchers chanted, “Jews will not replace us,” has denied the Holocaust and warned Jews to leave the country. His recent appearance on The Tucker Carlson Show prompted what some are calling a civil war in the Republican Party.
Asked by Morgan how many Jewish people he thinks died in the Holocaust, Fuentes said, “I’m thinking, maybe seven million. What’s the number, seven, six million? Something like that. … It could maybe even be more than that.” He later added, “It could even be higher. It’s at least six million. It could be 100 times that.” Fuentes said his interest in the Holocaust stemmed from what he called “censorship” of conspiracy theories and the shutting down of debate on the matter, compared to other global tragedies.
“If the truth is so clear, and if there’s such overwhelming evidence, why do you need to throw people in jail for disagreement?” he said. “I think everything is debatable. I think everything, at least, should be debated. And if the evidence is very one-sided, let the evidence speak. Don’t throw people in jail.”
When pressed about his admiration of Hitler, Fuentes doubled down. “That’s absolutely true,” he said. “And I’m tired of pretending.” Fuentes explained: “It’s just cool — the uniforms, the parades, it’s cool. As a guy, you look at World War II, and it’s fascinating, and it’s interesting, and it’s compelling, and it’s cool.”
Fuentes went on to describe Holocaust education as “propaganda” that is being used as a “political narrative” to target Christianity. “It is treated like a religion with dogma, with blasphemy laws,” he said, adding that younger Americans “are done hearing about that.”
“There’s a genocide going on right now” in America, Fuentes continued, pointing to the birth rate among immigrant and minority communities that would make the white population a minority in decades to come. “And these Jewish people that are 100 years old, talking about my grandparents and the Holocaust, they don’t care about that. Actually, they like to see it,” he said. “So, forgive me if I don’t believe or talk about compassion; there’s a genocide going on right now. It’s not against Jews or in Gaza. It’s against whites.”
In the two-hour interview, Fuentes also defended his misogyny and racist views about Black people, commented on his 2022 dinner with Trump, his relationship with rapper Kanye West, now known as Ye, and his recent interview with Carlson.
Senate Minority Leader Chuck Schumer introduced on Monday a resolution that strongly rejects the views of Fuentes and condemns Carlson’s platforming of him. All Senate Democrats signed on as co-sponsors and the measure is also supported by some nonpartisan Jewish groups, among them the Union for Reform Judaism, the Jewish Council for Public Affairs and Hadassah.
Asked in the interview with Morgan if he hates Jewish people, Fuentes said, “I don’t hate any Jews. … I like a lot of things about them. I think they’re funny, I think they’re smart. I think that they’re pretty remarkable people. … It’s just that there is a sort of natural opposition between them and Christians because of the theology.”
The post Holocaust denier Nick Fuentes admits ‘at least 6 million’ Jews were killed in Nazi Germany appeared first on The Forward.
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Israeli Airline El Al Launches New Youth Points Program to Encourage Young Travelers
Illustrative: The Israeli flag carrier El Al’s airliner lands at Abu Dhabi International Airport, United Arab Emirates, Aug. 31, 2020. Photo: WAM/Handout via REUTERS
Israel’s national airline El Al has announced a new program that allows young travelers between the ages of two and 18 to earn exclusive benefits and points through flights that won’t expire until they turn 21.
El Al Young is a free program that gives youth travelers access to rewards as part of the Matmid Frequent Flyer Program, and parents or guardians can register as many youngsters as they have starting at the age of two. The young passengers can earn points by flying on El A; or Sundor and gain access to content on the curated Youth Mode in the El A; app, where they can watch videos, play games, and learn facts about aviation all while earning loyalty points every time they fly. Kids who are already members of the Matmid Frequent Flyer Program are automatically enrolled in El Al Young.
Young travelers using the app will earn points that can be redeemed for rewards such as seat upgrades and free checked baggage, booking award tickets to fly with friends, and buying snacks from onboard duty-free. El Al will launch new promotions on the app in the months ahead that will help travelers earn more points and save on fares. El Al points typically expire after 18 months but travelers in the youth program can keep their points until they are 21.
“El Al Young is a game-changer for family travel, while making every journey more fun and engaging,” said Nadav Hanin, vice president of marketing and digital at El Al Airlines. “With this program, El Al Airlines is inspiring the next generation of travelers by allowing them to earn their own points, explore Youth Mode on the El Al app, and enjoy more independence and excitement when traveling with El Al. Family travel has always been at the heart of our business, and with El Al Young, we’re strengthening that bond while creating unforgettable adventures for travelers of all ages.”
El Al operated its first scheduled flight in 1949 and now serves 49 international destinations in 33 countries. It operates more than 50 weekly non-stop flights between the US and Israel.
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New Art Exhibit in NYC Examines Jewish Polish Artist Arthur Szyk and His Fight Against Nazism
“The Map Maker” (1942) by Arthur Szyk. The political drawing depicts Hitler painting his version of “Deutsches Sud America” (“German South America”) which consists of a large swastika painted over the shape of South America. Photo: Provided
An exhibition that opened on Sunday in New York City spotlights the work of prolific Jewish Polish and anti-fascist artist Arthur Szyk, including scathing portrayals of the Nazis and his attention to themes such as Jewish identity, resistance, and Zionism.
“Art of Freedom: The Life and Work of Arthur Szyk” opened at the Museum of Jewish Heritage –A Living Memorial to the Holocaust in Lower Manhattan on the anniversary of when the United States entered World War II. The exhibit in the museum’s Rita Lowenstein Gallery features over 100 objects, including original drawings, rare prints, illuminated manuscripts, commercial cartoons, and political materials. Visitors will have access to 18 never-before-seen pieces and 38 original artworks.
Szyk’s work “Anti-Christ” from 1942, which is a critique of Adolf Hitler and Nazi crimes, greets visitors at the exhibit and is back on view in New York City for the first time in over 80 years. The artwork shows Nazi officials standing over skulls, victims on the gallows, vultures bearing swastikas, and Hitler with tiny skulls in his eyeballs as he stares straight ahead at the viewer.
Also on view is “The Map Maker” (1942), a political drawing by Szyk that depicts Hitler painting his version of “Deutsches Sud America” (“German South America”), which is shown as a large swastika painted over the continent. Others stand around him — including Italian dictator Benito Mussolini and top Nazi officials Joseph Goebbels, Hermann Goering, and Heinrich Himmler — and they all want their own similar map. On the floor are folders that say, “Deutsches Europa,” Deutsches America,” “Deutsches Africa,” “Deutsches Australia,” illustrating the plan to have Nazism dominate the world. Also on the floor is a book titled Idiot’s Delight and a quote at the bottom of Szyk’s drawing says, “Now that you’ve joined us the Fuhrer will make a special map for you!”
Szyk was born in Łódź in 1894 but moved to Paris at the age of 15 to study art. With other Polish-Jewish artists and writers, he traveled to the area now known as Israel in 1914, which was an impactful trip that deepened his connection to Judaism and solidified his dedication to being a lifelong Zionist advocate. Szyk died in 1951.
First Lady Eleanor Roosevelt wrote in her “My Day” newspaper column that Szyk’s work “fights the war against Hitlerism as truly as any of us who cannot actually be on the fighting fronts today.”
“As an institution committed to educating visitors about Jewish life before, during, and after the Holocaust, we are thrilled to present Arthur Szyk’s exquisitely detailed and beautiful work, and to look back at his influential role inshaping public discourse around America’s pivotal entry into WWII,” said Jack Kliger, president & CEO of the Museum of Jewish Heritage.
The new Szyk exhibit highlights pieces by Szyk that are on loan from private collections as well as newly acquired pieces from the museum’s permanent collection, which will be on view for the first time. The exhibit will remain open at the Museum of Jewish Heritage through July 26, 2026.