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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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For a few terrifying minutes, Israelis were heroes again
For a few terrifying minutes aboard a Flydubai flight bound for Tel Aviv on Wednesday, a group of Israeli passengers found themselves with a problem that was considerably more immediate than the usual arguments about Israel. Someone in the cockpit had become violent, the airplane was descending rapidly and the people aboard had to figure out what to do. They did.
According to the emerging account, Israeli passengers helped overpower the attacker and restrain him, while pilots traveling as passengers assisted in getting the aircraft safely onto the ground in Saudi Arabia. Other passengers provided medical assistance. A flight that could have ended in catastrophe instead became one of those extraordinary stories in which ordinary people discover that the few seconds available for a decision are the only seconds that matter.
There is something refreshing about the simplicity of the story. The passengers were confronted with a danger that required immediate action, and some of them acted. Israelis watching the story unfold saw a familiar national trait emerge in circumstances where slogans had very little use.
Former Israeli spokesman Eylon Levy captured the comic quality of it perfectly. “Overall, the probability that a plane full of Israelis will contain a trained assault team, two additional pilots, and, statistically, at least one cardiac surgeon, psychologist, lawyer, and diamond dealer is substantially higher than 50%.”
The joke survives the caution that is always needed with stereotypes because anyone who has spent time around Israelis recognizes the type. Put 180 Israelis in a metal tube in the skies and you have a statistically improbable concentration of people who have served in the military, flown aircraft, treated patients, run companies, handled emergencies, argued with authority and developed the conviction that whatever has gone wrong can probably be fixed if everyone stops panicking and starts doing something.
For Israelis, that quality has long been part of the national mythology. The country was built around the idea that its people would have to improvise their way through circumstances that seemed to offer very little room for error. The mythology produced its own cliches: the engineer who can repair anything, the doctor who appears when somebody needs one, the stranger who immediately assumes responsibility because waiting for an official response seems inefficient.
In the military, it is the officer who shouts “after me” – aharai! – rather than leading from behind.
This is the Israel that was admired after the 1967 Six Day War – or for the 1977 commando raid on Entebbe Airport that rescued over 100 hostages held by pro-Palestinian hijackers.
Sadly, much of the world has encountered a very different Israeli stereotype in recent years. Israelis have increasingly become symbols in arguments about war, occupation, nationalism and international law. Israel itself has become increasingly isolated, and Israelis have experienced insults and worse while traveling abroad.
October 7 added another layer to the picture. The country that had spent decades cultivating an image of military competence suddenly had to confront an astonishing failure of intelligence and security. The image of the Israeli who always knows what to do became harder to sustain when the country itself had been caught so badly unprepared.
And Israel has been widely and wildly vilified around the world – by the far left, by the far right, by antisemites of every stripe and activists who have made Zionism a dirty word and have turned Israel into an avatar for everything that is wrong in the world.
Then came the FlyDubai flight.
The flight’s landing in Israel was top news all over the world. CNN reported the event as a miraculous act of heroism. Even The Guardian, not known for its pro-Israel coverage of late, gushed about the “daring rescue.”
That may explain why Prime Minister Benjamin Netanyahu moved so quickly to meet the returning passengers. Whatever one thinks of Netanyahu’s politics, his instincts for symbolism are unusually sharp. For a man far behind in the polls ahead of Oct. 27, it was a godsend. He understood the importance of attaching himself to bravery.
There is an old Israeli sensibility that can be difficult to explain to people who have never lived there. It combines self-confidence with improvisation, anxiety with humor and a stoicism before dire circumstances.
The Flydubai passengers offered a particularly vivid demonstration of that quality.
But there is a larger lesson here, although it is a modest one. Countries become caricatures when their people are reduced to the arguments surrounding them. Israelis have been seen increasingly through the prism of the Israeli-Palestinian conflict, and sometimes through the actions of the government that happens to represent them. A plane full of passengers offers a different perspective.
They were scared. They were ordinary. They were resourceful. Some of them were brave. And the world was reminded of another side of Israel.
The post For a few terrifying minutes, Israelis were heroes again appeared first on The Forward.
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Ohio GOP gubernatorial nominee appeared at church whose pastor called modern Judaism ‘fake’
Vivek Ramaswamy, the Republican nominee for governor of Ohio, campaigned twice at a church whose pastor compared COVID-era restrictions to Nazi Germany and whose members took part in a protest outside the home of a Jewish state lawmaker who described it as an antisemitic act of intimidation.
Ramaswamy, 41, is running against Amy Acton, a Jewish Democrat who faced antisemitic attacks and Nazi comparisons while serving as Ohio’s health director during the COVID-19 pandemic.
The Republican candidate most recently appeared on May 21 for a campaign event at Liberty Valley Church in Northfield, which describes itself as a “Bible-Believing Non Denominational Patriotic Church,” for a discussion about “The Future of Religious Liberty.” Ramaswamy appeared alongside the church’s pastor, the Rev. Jeff Tauring, who has preached there for more than two decades, according to the church’s website.
The church drew attention in 2021 after several members showed up outside the home of Casey Weinstein, a Democratic state representative who is Jewish, during protests over the coronavirus restrictions. Weinstein described it as a “show of force” intended to intimidate him and said the explicitly Christian messages — including a “kneel before the cross” banner and a call to “make Casey Weinstein be better” — directed at the home of a Jewish lawmaker made the demonstration antisemitic
Tauring, in an interview with the Cleveland Jewish News at the time, denied that the demonstration was antisemitic or intended to intimidate Weinstein, saying his church supported Jews and Israel. But he added that it was an obligation of his congregation to speak out, likening the vaccine mandates and other government health policies to the policies of the Nazi regime that preceded the Holocaust. “We feel like if somebody would have stood up for the Jews earlier, and it should have been the church, if they would have done that earlier,” he said, “I’m not sure if the catastrophe would have happened.”
Earlier this year during a sermon, Tauring described the modern practice of Judaism as “fake” and called Israeli Prime Minister Benjamin Netanyahu a ”wicked person” because “he doesn’t believe in Jesus Christ and he should.”
At the Ramaswamy event in May, Josh Mandel, a Jewish ally of the pastor who campaigned on “Judeo-Christian values” during his failed Senate bid against JD Vance in 2022, told the audience that Ramaswamy would govern according to the values practiced inside the church.
“I know Vivek. He’s not just going to campaign in churches once he’s governor; he’s going to keep coming back,” Mandel said, according to a recording of the event obtained by the Forward. “And he’s going to govern based on what is worshiped right here in this church.”
Ramaswamy also appeared at the church last December.
In an interview on Wednesday at the campaign’s request, Mandel said he organized the event at the church and described the pastor and Ramaswamy as great friends of the Jewish people.
He wasn’t familiar with the pastor’s past remarks and didn’t address them when the Forward shared them.
Mandel shared a clip of Ramaswamy answering a question at the event about antisemitism, in which he called it a “cancer” in society and said it must be confronted on both the left and by “some people who claim to be on the right.”
“I think that a society that turns towards blaming a successful group of people in our country and in many other cultures in our history is a society that actually is allergic to success,” Ramaswamy said at the town hall. “And a society that is allergic to success, a real victim of that is not just the Jewish people — who are the recipients of that hatred. The real victim is the entire society itself, because it is a cancer that will eat that nation from within.”
Ramaswamy’s complicated record with Jewish voters
Ramaswamy, a biotech entrepreneur who has never served in public office, has had his own complicated relationship with Jewish voters and has taken controversial positions on Israel.
During his 2024 presidential campaign, Ramaswamy broke with much of the Republican field by proposing that the United States eventually phase out its annual $3.8 million military assistance to Israel after the current agreement expired in 2028. He later softened that position, telling the Forward that aid should end only when Israel was strong and secure enough that it no longer needed American assistance.
Aligned with the “America First” worldview, Ramaswamy developed close relationships with figures like Tucker Carlson, the former Fox News host who has promoted antisemitic tropes and conspiracy theories, associated with white nationalists, and called for stripping citizenship from Americans who served in the Israeli army. Ramaswamy was reportedly on a shortlist to become secretary of state in Donald Trump’s second administration, supported by Donald Trump Jr., tech billionaire Elon Musk and Carlson.
Ramaswamy, a Hindu who was a member of Shabtai, a Jewish leadership society at Yale founded in 1996 as an alternative to the “secret societies” at the university, also faced criticism from Jewish groups for appearing on a podcast hosted by Albert Faleski, known online as An0maly, who had promoted antisemitic stereotypes and conspiracy theories. Ramaswamy told the Forward at the time that he had not known about the host’s statements before appearing on the show and argued that speaking with someone did not amount to endorsing that person’s views.
Jewish conservatives and Republican officials have spent much of the past year publicly confronting antisemitism within parts of the MAGA movement, particularly the growing influence of Carlson, Nick Fuentes and other online personalities who attack Israel and traffic in antisemitic conspiracy theories. An increasingly vocal faction on the far right has made Christian nationalism and antisemitism central to its politics.
Acton’s experience with antisemitism
The tension is particularly relevant in Ohio, where Ramaswamy is running against a Jewish Democrat who has spoken openly about her faith and has faced antisemitic attacks. If elected, Acton would become Ohio’s first Jewish governor.
While serving as Ohio’s health director during the COVID-19 pandemic, Acton became a target of antisemitic abuse and Nazi comparisons as she enforced the state’s public health restrictions.
Earlier this month, an armed man lunged toward Acton while she was speaking at a campaign event. The suspect, Partick Havas, was charged with assault, disorderly conduct and inducing panic. Authorities did not specify whether they believed the incident was motivated by antisemitism. Ramaswamy’s campaign condemned the episode, calling political violence “completely unacceptable.”
While the state has been governed by a Republican since 2021 and has been leaning GOP in recent elections, recent polls show Acton expanding her lead over Ramaswamy.
The post Ohio GOP gubernatorial nominee appeared at church whose pastor called modern Judaism ‘fake’ appeared first on The Forward.
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What is flydubai and will it continue to link Israel and the Emirates?
(JTA) — TEL AVIV – The apparent hijacking attempt aboard flydubai Flight 1073 has put a spotlight on the Emirati airline, which has become a main air link connecting Israelis to the rest of the world.
The incident could also test the relationship between Israel and one of the airlines that has come to symbolize the ties forged by the 2020 Abraham Accords, in which the United Arab Emirates was one of a small number of Arab countries that recognized Israel.
Flydubai, a Dubai government-owned airline, began operating in 2009 and launched regular flights to Israel in 2020, shortly after the UAE and Israel established diplomatic relations.
When war broke out in Israel in October 2023, many foreign airlines suspended flights to the country for extended periods. Flydubai and other UAE airlines continued operating flights to and from Israel through much of the conflict, providing an important connection for Israelis seeking to travel abroad at a time when international air service to the country was severely reduced.
The airline has also become an important hub for Israelis traveling beyond the UAE itself. Through Dubai, passengers can connect to destinations across Asia, Africa and other regions. The airline operates dozens of flights between Tel Aviv and Dubai each week.
According to Ben Gurion Airport data for August, flydubai carried roughly 90,000 passengers during the month. Since the beginning of 2026, more than 420,000 passengers have flown with the airline to or from Ben Gurion, accounting for roughly 4% of the airport’s international passenger traffic and placing it third among international airlines operating at the airport by passenger volume.
The incident aboard Flight 1073 could now put that relationship under scrutiny.
Israel’s Transportation Minister Miri Regev has reportedly asked Prime Minister Benjamin Netanyahu to immediately suspend flydubai flights to Israel until the circumstances of Wednesday’s incident are clarified, according to Israeli news outlet Ynet.
Regev said flydubai had violated the countries’ aviation agreement, which she described as requiring pilots operating flights to Israel to be citizens of countries with which Israel maintains diplomatic relations. Israeli and international media have reported that the co-pilot who instigated the incident was an Omani national.
Former Israeli Ambassador to the UAE Amir Hayek pushed back against calls to suspend the flights, however. In a post on X, Hayek wrote that flydubai and Etihad were the only two airlines in the world that continued flying to Israel “even during the most difficult times,” and argued that the UAE and the airline should be allowed to fully investigate what happened rather than face action based on speculation.
“I trust them,” he wrote.
The episode comes as Flydubai continues to expand its global network. The airline said this month that it was operating an average of 2,200 flights a week and serving more than 125 destinations in 56 countries. Its partnership with the major airline Emirates gives passengers access to a combined network of more than 214 unique destinations in more than 100 countries, with more than 4,600 possible connections through Dubai.
This article originally appeared on JTA.org.
The post What is flydubai and will it continue to link Israel and the Emirates? appeared first on The Forward.
