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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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Atlanta movie exec who complained of ‘nasty Jews’ is running for Congress

Ryan Millsap, a prominent film and real estate executive in Atlanta who made antisemitic and racist comments in private text messages, is now running for a congressional seat in rural Georgia.

ProPublica and the Atlanta Journal-Constitution reported two years ago that Millsap had sent the offensive texts to a girlfriend.

“Just had a meeting with one of the most nasty Jews I’ve ever encountered,” Millsap wrote in a 2019 text message viewed by the Forward. John Da Grosa Smith, Millsap’s former attorney, filed the text messages in Fulton County Superior Court in Georgia in 2024.

The news outlets also reported that Smith said in court documents that Millsap had allegedly made derogatory comments about Jews while they worked together, including referring to his Jewish colleagues as “the Jew crew” and calling one of them “a greedy Israelite.”

ProPublica and the AJC reported that during arbitration with Smith, Millsap said the comments Smith had described represented “locker room talk.”

Millsap apologized for the offensive text messages in a 2024 statement to the news outlets, saying “comments which I never intended to share publicly have come to light, and people I care about and who put their trust in me have been hurt.”

He also spoke directly at the time to the racist and antisemitic remarks.

“I want to extend my sincere apologies to my dear friends, colleagues and associates in both the black and Jewish communities for any and all pain my words have caused,” his statement continued. “My sincere hope is that the bonds and friendships that we have forged speak far louder than some flippant, careless remarks.”

Millsap is running in the Republican primary for the open seat in Georgia’s 10th Congressional District, which stretches from the far outskirts of Atlanta to the South Carolina border and includes the college town of Athens. The district is outside of the major Jewish population centers in Georgia and had fewer than 7,000 Jewish adults, according to the American Jewish Population Project.

The election is on May 19 and Millsap is running against a popular state lawmaker Houston Gaines in what is expected to be a competitive race.

Gaines called Millsap’s reported text messages “disqualifying.”

“Antisemitism has no place in this country, and as a Christian, I’ll always stand firmly against it,” Gaines said in a statement to the Forward.

Millsap did not respond to a request for comment about the text messages or whether he has conducted any outreach to the local Jewish community as part of his campaign.

In an interview last month with the Washington Reporter, Millsap said that negative interactions with local protesters had pushed him into politics. Millsap’s studio controlled land adjacent to the construction site for Cop City, a planned police training ground near Atlanta, and both sites were targeted by activists.

“They tried to ruin my reputation,” Millsap said in the interview. “Leftist journalists at ProPublica were enlisted to write hit pieces on me, call me a racist, antisemite, anything they could do to hurt my life and put me in a bad political position, because obviously DeKalb County is mostly black Democrats.”

Millsap’s Blackhall Group, whose studio produced movies including “Venom,” “Blockers,” and “Loki,” purchased the property in a county forest near the future Cop City site in 2021. Millsap said activists violently attacked construction workers on his property, burned a pickup truck and left threatening messages in 2022.

He has referred to the demonstrators as “antifa” and made his dispute with them a cornerstone of his campaign.

Antisemitism does not seem to be a major issue in the congressional race, in which Millsap and Gaines have focused on immigration and election security. The seat is considered a safe Republican district and the winner of the GOP primary is expected to win the general election.

According to the text messages filed in court and reviewed by the Forward, Millsap and his then-girlfriend, Christy Hockmeyer, complained about Jews and Black people on several occasions. “F—king Black people,” Millsap wrote in one message reported by ProPublica and AJC after Hockmeyer complained about a Black driver whose car she hit.

Hockmeyer also apologized for her role in the text message conversations with Millsap. “Those comments do not reflect who I am and I disavow racism and antisemitism as a whole,” she wrote in a statement to ProPublica and the AJC.

The ProPublica and AJC article noted that Millsap had built close ties with the Black and Jewish communities in Atlanta after relocating to the city from California and seeking to become active in its robust film industry. He had also been applauded for embracing workplace diversity.

His apology received a mixed response from those he had worked with in Atlanta.

Smith, Millsap’s former attorney, filed the text messages in a lawsuit after the two became embroiled in a heated legal dispute. An arbitrator found that Smith had violated his contract with Millsap when the two were working together and ordered him to pay $3.7 million for breach of contract and breach of fiduciary duty.

Millsap said in his 2024 apology that Smith had “violated the most basic and fundamental principle of attorney client privilege and released private text messages between myself and a former romantic partner.”

The post Atlanta movie exec who complained of ‘nasty Jews’ is running for Congress appeared first on The Forward.

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A new book explores the vibrancy of pre-war Warsaw

The Last Woman of Warsaw
Judy Batalion
Dutton, 336 pages, $30

Don’t be misled by the title of this debut novel by Judy Batalion, nor by her previous book, The Light of Days, about the role of Polish-Jewish women in the anti-Nazi resistance.

Though the specter of the Holocaust looms over The Last Woman of Warsaw, the novel is not really Holocaust fiction. It does not portray a final female survivor of that embattled city. Its subject is instead the odd-couple friendship of two young Jewish women embroiled in the artistic and political ferment of pre-World War II Warsaw.

For Batalion, recreating the atmosphere and quotidian life of this cosmopolitan city, which once elicited comparisons to Paris, was a major aim. “In our contemporary minds, historical Warsaw conjures images of gray and death,” she writes in a lengthy author’s note. But that shouldn’t negate its more vibrant past. “Long before Vegas,” Batalion writes, “Warsaw was the capital of neons, its night skyline dotted with glittering cocktail glasses and chefs carrying platters of roasts. Much of this artistic production was Jewish.”

Even this brief excerpt shows that Batalion isn’t much of a prose stylist. But awkward locutions and diction mistakes aside — including the repeated use of “cache” when she means “cachet” — Batalion generally succeeds in immersing readers in Warsaw’s lively urban bustle and heated street politics. Here, skating on the edge of catastrophe, Polish Jews of varying ideologies and backgrounds face off against antisemitic persecution and violence.

Batalion’s handling of the historical backdrop is defter than her fledgling fictional technique. The narrative of The Last Woman of Warsaw is a plodding and repetitive affair that ultimately turns on an improbable coincidence.

The plot involves the sudden disappearance of a photography professor with communist ties and the halting efforts of the novel’s two protagonists to find and free her. The pair, whose initial antagonism mellows into friendship, are Fanny Zelshinsky, an upper-middle-class Warsaw University student, and Zosia Dror, who hails from a religious shtetl family. Her adopted surname references the Labor Zionist group that now claims her loyalty. Despite their differences, the two women have in common a desire to shake off the past and forge new lives. They also share an attraction to a single man, Abram, who can’t seem to decide between them.

When the story begins, Fanny is engaged to the perfectly nice, highly suitable Simon Brodasz, whom she’s known since her teenage years. Her mother is pushing the match. But Fanny is not in love and dreads the loss of freedom marriage entails. Her true passion is photography – in particular, fashion photography, to which she brings an idiosyncratic, modernist flair.

Zosia’s passion is political activism, and she aspires to a more prominent leadership role in Dror. Like Fanny, she is at odds with her mother, who is urging her to return to the shtetl for the festivities preceding her sister’s wedding.

What brings these women together is the arrest of the famous photographer Wanda Petrovsky, to whom both are connected. Wanda is one of Fanny’s professors, and Fanny needs her help to enter a potentially career-making exhibition. Wanda also happens to be a political activist, a leader of Zosia’s Zionist group, and Zosia hopes she’ll provide her with a visa for Palestine.

As Batalion’s narrative alternates between their perspectives, the antisemitic fervor in Warsaw mounts. Polish right-wing groups have started terrorizing Jews. Police invade clubs where Jewish comedians are mocking antisemitism. At Warsaw University, where Jewish students already have been subject to admissions quotas, the humiliation of being consigned to a “Jew bench” in class comes as a humiliating shock to Fanny.

Zosia, by contrast, has seen far worse. She and her family were victims of one of the murderous pogroms that periodically roiled the Polish countryside. She has been traumatized by the burning of her home, her father’s injuries and the refusal of her neighbors to offer refuge from the catastrophe.

In late 1930s Warsaw, Polish Jews are fighting back – with protests, hunger strikes and more. But what will any of this accomplish? Will Wanda attain her freedom, with or without the help of her protegees? Will Zosia and Fanny successfully defy their families and find meaningful lives? Which woman will Abram ultimately choose? And will any of this matter as both Poland and Polish Jewry hover on the brink of destruction?

Batalion answers these questions in an epilogue describing the fate of both women and of Fanny’s photographs, which eventually take a political turn, and in her author’s note. In the note,  she reveals that all four of her own grandparents “spent their young adulthoods in interwar Warsaw.” That heritage helps account for her  own passion: “to memorialize Warsaw’s golden age of creativity and the Jewish art and culture that, along with six million lives, was also decimated in the Holocaust.” A worthy endeavor, however clumsily executed.

The post A new book explores the vibrancy of pre-war Warsaw appeared first on The Forward.

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Mahmoud Khalil’s anti-Zionist case to Jews shows the case for skepticism

Mahmoud Khalil wants to reassure the Jewish community. In an extensive new interview with the Forward, the pro-Palestinian protest leader recognized “a Jewish connection” to Israel, and promised that a free Palestine would include safety and security for Jewish residents.

And yet I read the interview and felt a sense of alarm.

Not because Khalil seems insincere. I believe he means much of what he says. But rather because his attempts to instill confidence fall short in ways that illuminate exactly why so many Jews remain afraid and skeptical of the anti-Zionist movement.

Serious causes for serious concerns

Khalil describes himself as a pragmatist. In his activism, however, he envisions a utopia.

He is adamant that a two-state solution preserving a Jewish majority in Israel is a nonstarter. He argues, instead, for a democratic country — or multiple countries — across Israel, the West Bank and Gaza, with equal rights for all and the right of return for Palestinian refugees.

“I know it might sound like a very ideal utopia,” he told the Forward‘s Arno Rosenfeld, “but this is what we should aspire for.”

Khalil is concerned that Jewish fear is an obstacle to Palestinian liberation, and suggests that this fear is misplaced. “People think that we want to drive all Jews to the sea,” he said. “We don’t believe that.”

But history has long shown that Jewish safety without Jewish autonomy often proves conditional. In the ideal that Khalil advances, Israel would lose the self-determination that leads so many Jews to view it as a safe haven. My late grandfather, who was deported to a Siberian gulag by the Soviets from Lithuania —  where about 90% of his fellow Jews were murdered by the Nazis — put it simply: Israel was a place where he felt his fate was in his own hands.

Nor is apprehension of anti-Zionism misplaced. Report after report has cataloged persistent harassment of Jews, threats of violence against Zionists, and invocations of antisemitic tropes within anti-Zionist movements. Yes, there are moderates, many of whom are driven by a commitment to a better future for Palestinians. But there are also extremists, and scenes on campuses and city streets around the world have shown that their tactics often prevail.

Adding to Jews’ sense of alarm are decades of violence within Israel — including the Second Intifada and Hamas’ Oct. 7, 2023 attack — and globally, including recent violence against American Jewish institutions. Jews are not scared because we misunderstand the aims of the anti-Zionist movement. We are scared for good reason.

Political abstractions

A genuine effort at reassurance would engage with that truth. Instead, Khalil dances around it, suggesting that the thing we’re worried about doesn’t actually exist. He says, for example, that the pro-Palestinian campus movement did a good job of keeping antisemitism at bay. It did not.

Even when it comes to the well-established facts of Hamas’ Oct. 7 massacre, he demurs: “I wouldn’t rule out that Hamas targeted civilians,” he said, “but I wouldn’t confirm it either.”

When referencing the excesses of pro-Palestinian campus protests, Khalil retreated into vague language. “There were maybe some bad actors,” he said. His denunciations of antisemitism remained safely generic: “some anti-Zionist actions may touch on antisemitism that we absolutely oppose.”

Who, exactly, is “we” here?

Political movements are not abstractions. They consist of real people doing real things. When excesses are common enough, they become characteristic. This is something I’ve long argued about the Israeli right as well. We cannot dismiss settler violence or anti-Palestinian abuses as fringe when they keep escalating and enjoy support from those in power.

It’s easy to say you oppose antisemitism or suffering by Palestinians, or that a utopian future is possible if we all look past our fear. It’s much harder to look within your political coalition and call out the specific negative acts your allies have committed — or acknowledge their very real consequences.

Denial and Oct. 7

Circle back to Khalil’s alarming equivocation about Oct. 7.

He frames the killings as civilians being “caught up” in violence, not targeted by it. Notice the evasive grammar: Khalil says “there were crimes committed” and Hamas has “a responsibility,” rather than “Hamas committed crimes.”

Khalil does explicitly say that he thinks Hamas is “not up to the Palestinian aspiration for liberation” and that he “doesn’t believe in political Islam.” But for someone so attuned to the language of liberation and justice, he is remarkably comfortable with passive voice when it comes to Hamas carrying out horrific murders on Oct. 7.

As I’ve previously written, the evidentiary record is overwhelming. Amnesty International and Human Rights Watch, organizations critical of Israel, independently concluded that Hamas deliberately and systematically targeted civilians. In one intercepted call, a Hamas terrorist bragged to his parents, “Look how many I killed with my own hands! Your son killed Jews!”

Neutrality on established facts is no different than denialism. If you are trying to reassure Jews but can’t acknowledge that Hamas killed Jews as such, any reassurance you have to offer will ring hollow.

A practical peace

Khalil says he is opposed to any violence against civilians but cannot dictate what Palestinians who experience Israeli human rights abuses should do. He says he understands why Palestinians turn to resistance, even violence, in the face of oppression.

But if you say you understand why decades of oppression push Palestinians toward resistance, then you should also understand why decades of terrorism push Israelis toward aggressive security measures, including ones that harm Palestinian civilians. If every act is merely a justified reaction to a prior act, we will end up in a world in which it’s too easy to argue that all violence is legitimate, rather than none of it.

The deep culture of mutual suspicion that this painful history has bred may be the biggest obstacle to Khalil’s utopian vision.

I share Khalil’s aspirations for peace. But Israelis, even most liberals, leftists and the millions who have protested the right-wing government, say they won’t accept a one-state solution. One 2025 poll by The Institute for National Security Studies, an independent think tank affiliated with Tel Aviv University, found that only 4% of all Israelis, and 1% of Israeli Jews, prefer a one-state solution with equal rights. Palestinians, too, are skeptical of a single state with equal rights.

At the same time, many Israelis oppose a two-state solution. So do many Palestinians. The people who live in the region hold complicated and often contradictory ideas of the path forward, and Khalil does not necessarily speak on their behalf.

Any anti-Zionist looking to reassure Jews needs to, at minimum, acknowledge that Hamas killed civilians deliberately, because they were Jews; condemn specific instances of antisemitism rather than just the concept in the abstract; and ask why Jews are scared right now, rather than telling us we shouldn’t be.

Yet Khalil’s reticence to be honest about his own movement’s flaws is a mirror of our own. Supporters of Israel have long been reluctant to name the failures of the Israeli right and to reckon with how settlements and the occupation harm Palestinians.

Khalil recounts being born in the Palestinian refugee camp Khan Eshieh in Syria, and raised on stories of his grandparents’ expulsion from a village near Tiberias. He was shot by an Israeli soldier when he was just 16. His effort to nevertheless engage with Israeli perspectives, like by reading Ari Shavit, is admirable. Jews should similarly listen to Palestinian perspectives and sit with Palestinian stories, including Khalil’s and those of Palestinians living today in the West Bank and Gaza.

The only way for any of us to build a durable political movement is to be exactingly honest about the ways in which we have, so far, failed, and to ask others with open ears: Why are you so scared?

The post Mahmoud Khalil’s anti-Zionist case to Jews shows the case for skepticism appeared first on The Forward.

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