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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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ICE targets an anti-Israel protester — this time, a Hasidic Jew
(JTA) — Yehonatan Ovadia, an Orthodox Jew from the anti-Zionist Satmar Hasidic sect, has joined a number of protests around New York and New Jersey against Israel.
Now, he’s at risk of being deported there.
Ovadia, 35, is originally from Israel and moved to the U.S. on a temporary religious worker visa in 2022, according to the text of a lawsuit requesting Ovadia’s release. His legal status in the U.S. was revoked earlier this year in connection with a November 2023 protest that he attended during which an Israeli flag was taken down from the town hall of Ramapo, New York. Ovadia said he was there but did not tear down the flag, and hate crimes charges against him were dropped.
But after a request to extend his stay in the United States was denied on the grounds of that protest, according to government documents shared with JTA, Ovadia was detained by the Immigration and Customs Enforcement agency in August, and remains in ICE custody in New York.
“In violation of our nation’s laws, he overstayed his welcome and refused to depart,” a spokesperson for the Department of Homeland Security told the Jewish Telegraphic Agency. “He will receive due process and remain in ICE custody pending the outcome of his immigration proceedings.”
ICE’s nationwide surge affected the area’s Jewish community earlier this year when the agency detained Ari Ladino, a Jewish bridal shop owner in Teaneck, New Jersey, and his mother. Both are originally from Bogota, Colombia.
Ovadia’s arrest by ICE comes as President Donald Trump’s administration has cracked down on pro-Palestinian activism, including with last year’s high-profile detention of Mahmoud Khalil, a prominent pro-Palestinian protest leader at Columbia University. The administration has accused Khalil and other pro-Palestinian activists and campus protesters of antisemitism.
Such an accusation would be particularly fraught against Ovadia, who is Jewish and holds anti-Israel views for religious reasons. Satmar Jews believe that a state of Israel cannot be established before the arrival of the Messiah.
In a lawsuit filed in August requesting Ovadia’s release, his lawyers argued that the Trump administration was penalizing him for protected speech motivated by religious beliefs. The government took “an official position,” Ovadia’s lawyers wrote, by preferring “one religious position within Judaism and [penalizing] an adherent of another.”
Unlike many Satmar Jews, who oppose Israel but are not active in political pro-Palestinian spaces, Ovadia has protested against Israel a number of times, including alongside members of the pro-Palestinian Hasidic group Neturei Karta.
His lawyer, Eric Lee, shared a statement from Ovadia on Wednesday after The New York Times broke the story of his detention: “From the Jewish people to our Palestinian brothers and sisters in Gaza and the West Bank and all over occupied Palestine! We didn’t forget from you! We are following you and we know that you are facing genocide! Please be strong and continue to believe!
“We know that the Zionist criminal war machine [is] torturing you every day and they want to silence you!” Ovadia said in his statement. “BUT we will be your voice! We will SHOUT AND DEMONSTRATE for you from New York, Washington, Canada, London and from every place that we can be free in the world!”
Chris Godshall-Bennet, another lawyer representing Ovadia, told JTA that the timeline on his client’s possible deportation is unclear, but the government designated Israel as “the location to which they would try to deport him” during a hearing on Wednesday morning.
Ovadia was one of two Hasidic men arrested in 2023 after a larger group protested outside Ramapo’s town hall, where an Israeli flag had been mounted a month earlier, shortly after Hamas’ Oct. 7 attacks. Surveillance footage showed at least four men removing the flag and then cutting it up with scissors, according to the U.S. Citizenship and Immigration Service’s notice of denial to Ovadia. He denied having any role in removing the Israeli flag or knowing ahead of time that his companions would do so.
He was arrested and charged with criminal mischief, petit larceny and conspiracy, all as hate crimes. The hate crime charges were dropped and in February 2024 he pleaded guilty to disorderly conduct, according to his lawsuit, resulting in a $200 fine plus an additional $125 charge.
“I said, ‘You know, I don’t have power, I’m out of money, I have no time, I am a teacher, I need to teach students every day,’” he told the Times. “‘Let’s end this with disorderly conduct.’”
With his religious worker visa set to expire in November 2025, Ovadia applied for a new visa in September, sponsored by Congregation Bnai Yoel in New York’s Orange County, according to USCIS denial notice. USCIS did not deny the request for the work visa, and said that Ovadia was not found to be “inadmissible” for a “conviction or commission of a crime involving moral turpitude.” But the federal agency did not approve the request either, and denied Ovadia an “extension of stay” in the country “as a matter of discretion,” citing the 2023 protest; without an extension of stay, Ovadia had no legal status in the U.S. following his visa’s November expiration.
The DHS said that it is “a privilege to be granted a visa or green card to live in the United States of America.”
“The Trump Administration acted well within its statutory and constitutional authority, as it does with any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and steals property,” DHS wrote.
This article originally appeared on JTA.org.
The post ICE targets an anti-Israel protester — this time, a Hasidic Jew appeared first on The Forward.
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French far-right leader accused of antisemitism, defended by Israeli minister
(JTA) — A French far-right leader is battling antisemitism allegations days after his party made historic gains in the country’s Senate elections — and an Israeli cabinet minister has come to his defense.
Jordan Bardella, the president of France’s nationalist, anti-immigration National Rally, came under fire this week for accusations that he made antisemitic remarks in private messages.
The controversy arose after the National Rally, whose leaders have sought to distance the party from the antisemitic roots of its founders, jumped to at least 14 seats in the French Senate elections on Sunday. The results meant the party and its allies surpassed the 10-seat threshold to form a parliamentary group in the upper house for the first time.
The Senate will remain controlled by a traditional conservative and center-right alliance, though that bloc lost several seats. The National Rally’s progress will give it more funding and better representation in leadership roles and committees.
Mediapart, a left-leaning French investigative outlet, reported on Monday that Bardella years ago allegedly sent antisemitic statements, including messages that said “all the banks are owned by Jews” and “the Jew must dominated (sic) other peoples, crush them and rob them, a Zionist is necessarily and profoundly Jewish.”
The messages were allegedly sent between 2013 and 2015, during Bardella’s early years in the party, then called the National Front. He joined the party in 2012 at age 16.
Israeli Diaspora Affairs Minister Amichai Chikli, who invited Bardella to a Jerusalem conference on antisemitism in 2025, defended him against the allegations. He told the Jewish Telegraphic Agency that he knows Bardella personally and that they are in regular contact.
Even if the quotes attributed to Bardella were authenticated, Chikli said, “a man is not sealed at 17. What matters is the 15 years that followed, and the man he became.”
Chikli referenced Bardella’s visit to the sites where Hamas killed Israelis on Oct. 7, 2023. He said that Bardella spoke in Jerusalem “against antisemitism and against anti-Zionism” and opposed President Emmanuel Macron’s decision to recognize a Palestinian state.
“No one will convince me that Jordan Bardella hates the Jewish people or the Jewish state,” said Chikli. “Just as no one will convince me that Emmanuel Macron respects them.”
Mediapart, which has a history of exposing political scandals, said it independently authenticated Bardella’s alleged conversations and drew them from a larger base of evidence corroborated by witness accounts. JTA has not independently verified the messages.
Bardella said on X that the alleged conversations were “blatant falsehoods” designed to undermine the National Rally ahead of France’s presidential election in April 2027. Marine Le Pen, the National Rally’s presidential candidate, is polling in first place as Macron prepares to step down because of term limits.
Mediapart, which has a history of exposing political scandals, said it independently authenticated Bardella’s alleged conversations and drew them from a larger base of evidence corroborated by witness accounts. The Jewish Telegraphic Agency has not independently verified the messages.
Bardella said on X that the alleged conversations were “blatant falsehoods” designed to undermine the National Rally ahead of France’s presidential election in April 2027. Marine Le Pen, the National Rally’s presidential candidate, is polling in first place as Emmanuel Macron prepares to step down because of term limits. Le Pen and Bardella have led the National Rally as a duo, and Bardella was set to be the party’s candidate until a July court ruling, which upheld criminal financial charges against Le Pen while also lifting a ban on her seeking public office. She has said she would name Bardella prime minister if she wins.
Bardella also said at a parliamentary meeting on Tuesday that he plans to take legal action against Mediapart, including possible complaints for forgery and forged documents, and accused the outlet of waging “total war” against his party. Le Pen, sitting next to Bardella, said that she had “absolute confidence” in him.
Israel’s Chikli said on social media that he and Bardella had common enemies. “Like the leftists in Israel, the leftists in France are experts at character assassination,” he said in his post, sharing a photo of himself shaking hands with Bardella at the Nova massacre site.
Chikli has cultivated ties between the Israeli government and European far-right parties, including others that have been criticized for histories of antisemitic and neo-Nazi figures in their ranks, such as Vox in Spain and the Sweden Democrats in Sweden.
Bardella, the National Rally and Chikli did not immediately respond to JTA requests for comment.
Chikli and Bardella both also accused Mediapart of a left-wing agenda. They each noted that the outlet’s co-founder, Edy Plenel, expressed sympathy in 1972 for the Palestinian militant group Black September, which killed 11 Israelis in a terrorist attack at the Munich Olympic Games that year. Plenel later disavowed those comments, which he said he made when he was 20.
Michel Wieviorka, a Jewish French sociologist who researches racism and extremism, told JTA that the antisemitism allegations strike at the heart of the National Rally’s aim to prove their “respectability.”
Le Pen has sought for over a decade to detoxify the party’s image. In 2015, she expelled from the party her father Jean-Marie Le Pen, a co-founder of the National Rally in 1972 who was repeatedly convicted of hate speech and Holocaust denial. Another founder and early leader of the party was Pierre Bousquet, who formerly served in the Nazi Waffen-SS.
Today, support for Israel has become key to the National Rally’s avowed renunciation of its antisemitic past.
“The strategy of [Bardella’s] party is to appear as the best friend of Jews, and Israel,” said Wieviorka.
Bardella invoked his visit to Israel in his denial of the alleged antisemitic messages.
“Since I began my political engagement, I have never had any ambiguity on the subject of the fight against antisemitism, to the point of being received, in 2025, by the Israeli government,” he said on X.
Meanwhile, French Foreign Minister Jean-Noël Barrot said on X that the accusations against Bardella revealed “the true face of the far right.”
“To all those with short memories: antisemitism is not a slip-up for the [National Rally], it is the history of this party,” said Barrot.
The post French far-right leader accused of antisemitism, defended by Israeli minister appeared first on The Forward.
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In a time of uncertainty, European Jews renovate synagogues and dedicate Torah scrolls
(JTA) —
Getting a “200-year-old lady” ready for a major debut is quite a task. But in Vienna, the Jewish community’s historic main synagogue made it just in time for the Jewish New Year.
The “lady” — Vienna’s stately Stadttempel synagogue, or City Temple — has been rededicated after more than a year of top-to-bottom renovations, from floors to windows, to the heating and cooling systems, from safety features to restroom facilities. The job cost more than 10 million euros, or $11.3 million.
The synagogue was “still beautiful but has its signs of age,” Rabbi Jaron Engelmayer told the Jewish Telegraphic Agency in a phone interview. “And it wasn’t adequate for some matters of today.”
“The whole concept was sticking to what it was and still is, but it has a new face,” said Engelmayer, who has been chief rabbi of Vienna’s Jewish community since 2020. The Orthodox congregation also inaugurated a new Torah scroll in ceremonies Sept. 15. Parts of it incorporated earlier manuscripts “written in the old synagogue of the Middle Ages in Vienna,” making it a bridge to history, he said.
Large and small, Jewish communities in Europe are marking the season of renewal in concrete ways at a time of uncertainty seeded by antisemitism and anti-Israel sentiment. In Budapest, the historic Rákospalota synagogue — used as a library warehouse for decades — recently held its first service in its renovated premises. And a 15-member Jewish prayer group in Leipzig has welcomed its first Torah scroll, on a 99-year loan.
All are looking to the future, whether fixing a hole in the roof or dedicating a holy book.
“Jews by definition have to be optimistic,” said Rabbi Pinchas Goldschmidt, head of the Munich-based Conference of European Rabbis, which represents some 800 Orthodox Jewish communities.
“They have no other choice. And having said that, if in the past there was a tendency to say, ‘okay, the situation is bad over here, let’s go somewhere else,’ today, wherever you look, the situation is not good,” he said.
Taking action is more constructive than regretting current circumstances, said Rabbi Elisa Klapheck, head of Germany’s non-Orthodox General Rabbinical Assembly, which has 45 member rabbis. “We can lament antisemitism, we can lament attacks on Jewish communities, but that doesn’t help us,” she said. “So I think on a smaller scale, but maybe a much more resilient scale, the chagim [holidays] have shown that there was a positive atmosphere.”
Ruth Ellen Gruber, developer of the Jewish Heritage Europe portal, a project of the Rothschild Foundation Hanadiv Europe, expressed amazement at the pace of the rehabilitations.
“Despite increasing incidents of antisemitism, there are so many synagogue restoration projects that I cannot keep up,” said Gruber. Whether maintenance or preservation, all are “sign[s] of resilience among Jewish communities, volunteers, researchers, NGOs, civic bodies, and others,” she said in an email to JTA.
Examples include the Ashkenazi Great Synagogue in Constanta, Romania; the grand synagogue in Metz, France; the domed synagogue in Trencin, Slovakia; the Etz Hayyim Synagogue in Larissa, Greece; and the historic Yanbol synagogue in Istanbul.
“Some will serve as museums or cultural centers that usually house Jewish heritage exhibitions; others will serve as venues for both Jewish worship and cultural events,” she said.
In Leipzig, Rabbi Esther Jonas-Maerten doesn’t actually have a synagogue building for her Beth Ez Chaim “Lehrhaus,” a study group that meets in private homes. But she now has a Torah scroll for participants in the program, which is open to all who wish to learn more about Judaism.
The scroll, on a 99-year-loan from the Kehilat Shalom synagogue in Gaithersburg, Maryland, will be formally dedicated in ceremonies on Oct. 4. “That will be the first public event with our new Torah,” Jonas-Maerten, a Conservative rabbi, told JTA in a phone interview.
After a long and fruitless search for a scroll her group could afford, she asked Washington, D.C.-based Rabbi Lauren Tuchman to share her appeal: “I wrote a letter basically saying, ‘Most wanted! A sefer Torah!” Jonas-Maerten recalled. “Within two weeks, I got a response.”
The U.S.-Europe connection has been a fruitful one, when it comes to Torahs.
Last year, the Conservative congregation Ki Tov in Warsaw received the gift of a scroll from New Jersey sister congregation B’nai Sholom/Fair Lawn Jewish Center. The scroll, originally from Europe, was donated in memory of Holocaust survivors.
The independent Berlin-Brandenburg congregation Ohel Hachidush received its first scroll in 2008 from Shir Tikvah in Troy, Michigan, and purchased a second scroll in 2024 from retiring Rabbi Moshe Halfon of Mount Sinai Synagogue in Cheyenne, Wyoming.
Both needed repair, especially the first one, Cantor Jalda Rebling, a Jewish Renewal movement ordainee who co-founded Ohel Hachidush with Anna Adam, told JTA.
“Its brokenness is also a symbol, I always say, for our Jewish history here in Europe,” said Rebling, “because all our Jewish lives are broken, and we all love this Torah.”
Vienna’s Jewish community currently has about 12,000 members. Before World War II, it numbered close to 200,000, according to the community’s website. Many fled, and about 47,000 Austrian Jews, most of them from Vienna, were murdered in the Holocaust.
Today’s community is “quite small in numbers, but very highly active and diverse in its traditions,” said Engelmayer, whose mother’s family came from Switzerland and father’s from Poland. “It goes from Ashkenazi to Sephardi, from secular to ultra-Orthodox, and it’s a whole range between. And it feels like a family.”
During Engelmayer’s tenure, “there was the COVID crisis and afterwards the war in Ukraine, which brought a lot of fugitives and refugees to Vienna – also Jews. And of course, the 7th of October, which brought a big rise in antisemitism, which is still being dealt with today.”
Nevertheless, celebrants went “through the streets of Vienna with high hats and proudly Jewish, bringing the new Torah scroll into the restored synagogue,” Engelmayer said: All those challenges led to “an increase of inner strength, of holding together, of answering to the crisis by much more Jewish life and being more active and more visible.”
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