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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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Jews cared more about Israel and antisemitism this election – but it didn’t change their votes much, exit poll shows

Jewish voters overwhelmingly backed Democrats in Tuesday’s midterm elections, even as concerns about Israel and antisemitism played a growing role in their political decisions, according to a new exit poll published on Thursday.

The GBAO Strategies survey of 800 Jewish voters found that 72% of Jewish respondents supported Democratic candidates for Congress, compared with 24% who voted Republican. The poll, sponsored by J Street, a progressive pro-Israel, pro-peace advocacy group, was conducted via text message from Oct. 28 to Nov. 3 and had a reported margin of error of plus or minus 3.5 percentage points.

The Democratic share was slightly lower than in previous midterm elections, when Democrats received 74% of the Jewish vote in 2022 and 76% in 2018. In the 2020 presidential election, 77% of Jewish voters backed Joe Biden, according to GBAO’s polling. These findings differ from a national NBC News exit poll, which found that 68% of Jewish voters supported Democrats this year and 31% backed Republicans, compared with 78% who voted for Kamala Harris in 2024. (The national surveys used different methods, making it harder to say how preferences actually changed.)

Jim Gerstein, GBAO’s pollster and a Democratic campaign consultant, cautioned against reading too much into the change over time. “You’d have to squint really hard to try and see that that is a shift or anything really meaningful,” Gerstein told the Forward during a press briefing. He noted that Republican support also fell, from 25% in the 2022 midterms to 24% this year. Gerstein suggested that strong opposition to President Donald Trump during his first term, including during the COVID-19 pandemic, may help explain the higher Democratic numbers in 2018 and 2020.

He also noted that campaigns and outside groups have spent significantly more money targeting Jewish voters in the past two election cycles. “These are really negligible, and we don’t look at this as much shifting,” he said.

Even as Democrats regained control of both chambers of Congress, Republicans did appear to make gains among Jewish voters in some closely watched races amid a divide over U.S. support for Israel. Several outspoken critics of Israel won seats in the House, including five members of the Democratic Socialists of America. Abdul El-Sayed of Michigan and Troy Jackson of Maine, two new senators who made criticism of Israel a major part of their campaigns, also won highly contested races.

The exit poll suggests that disagreements over Israel have not fundamentally changed how American Jews vote.

The future of American democracy remained the top concern for Jewish voters, with 44% naming it as one of the two most important issues influencing their vote, followed by 34% who said the cost of living was among their leading concerns. But Israel and antisemitism became more important than in previous elections. Twenty-one percent named antisemitism as one of their top two issues, up from 11% in 2024. Israel ranked sixth, cited by 14% of voters, compared with just 4% in 2022.

Compared to previous elections, Israel and antisemitism moved up the list of priorities  — 21% identified antisemitism as one of their top two issues, up from 11% in 2024. Israel was ranked six with 14%, compared with just 4% in 2022.

Gerstein argued that rising antisemitism and the debates over support for Israel serve as a basic test for candidates rather than the deciding factor in most elections. “I think we see candidates in both parties passing that threshold quite easily,” Gerstein said.

Asked which positions expressed by candidates during the campaign they agreed with most, 30% chose unconditional support for Israel, while 39% favored support tied to Israel’s compliance with American interests and values. Another 31%, including 60% of voters between the ages of 18 and 34, agreed with the statement that Israel has committed genocide and should no longer receive U.S. aid.

Orthodox voters, representing 9% of the sample, voted Republican by a 63-34 margin.

A Jewish split on Israel 

Congressman-elect Brad Lander on Nov. 3. Photo by Michael Nagle/Bloomberg

The survey also found a Jewish electorate that itself is becoming more divided over Israel.

Thirty-nine percent said their sympathies in the Israeli-Palestinian conflict were primarily with Israelis, compared with 23% who sided with Palestinians. Another 38% sided with both. Among younger Jews, 49% said they sympathized more with Palestinians, compared with 20% who sided with Israelis.

A majority — 51% — said it supported continuing $3.8 billion in annual U.S. military assistance to Israel, while 49% opposed it. However, 44% also said arms sales should be conditioned on compliance with U.S. law.

Jewish voters showed greater agreement on how criticism of Israel should be treated and whether Israel’s policies directly impact them.

Sixty percent said Jewish organizations that label harsh criticism of Israel as antisemitic are using concerns about antisemitism to defend unpopular Israeli policies. About two-thirds said AIPAC’s spending against candidates critical of Israel increases antisemitism in the United States, while 80% said Israel’s actions in Gaza and the West Bank contribute to antisemitism. An overwhelming majority of 76% support sanctions against violent Israeli settlers.

The survey also found that 39% of Jewish voters, including 63% of those under 35, said that spending by AIPAC to defeat Israel critics this election cycle made them less likely to support candidates backed by the pro-Israel group.

Mamdani scores high 

New York City Mayor Zohran Mamdani on Nov. 3. Photo by Angelina Katsanis/Bloomberg

One of the more striking findings was that New York City Mayor Zohran Mamdani was more popular among Jewish voters nationwide than Israeli Prime Minister Benjamin Netanyahu, despite his criticism of Israel and strained relationship with some Jewish organizations.

The poll found that 49% of respondents viewed Mamdani favorably, compared with 43% who viewed him unfavorably. Netanyahu received a favorable rating of just 20%, while 72% viewed him unfavorably. That marks a 12% decline in two years for the Israeli leader, who is struggling to form a government after the last Israeli election ended in deadlock.

In an interview with CNN Wednesday night, Mamdani pointed to his approach to governing as an example of how elected officials can represent Jewish voters even when they disagree with them on Israel.

“I represent the most Jewish city in the United States of America, and I know that there are some Jewish New Yorkers, for example, that may have a different set of opinions on Israel and Palestine as I do, and that doesn’t mean that I work any less hard to deliver for them across the board,” Mamdani said. “I think that’s the same truth for anyone who was elected last night.”

The post Jews cared more about Israel and antisemitism this election – but it didn’t change their votes much, exit poll shows appeared first on The Forward.

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Now that the election is over, can we stop dismissing everyone we disagree with by calling them ‘wrong’ or a ‘liar?’

I was walking to get a coffee on Election Day when a man screamed at me as he nearly ran me over with his bicycle. “Democratic Socialists aren’t Democrats!” he yelled.

After I regained my balance, I looked up. He turned back and called out to me a second time.

“It’s true, you know!” he said.

I scurried away. But his words  —  “true” and the assured “you know” — made me think about how language around American politics has come down to “truth” or “lies,” which leaves out a lot.

Maybe the simplicity of that thinking helped create a landslide.

Once it became clear that Democrats had triumphed, opinion writers frequently relied on the word “lie” to explain voters’ sudden seismic shift.

“Trump claims he kept more promises to American voters than he made. Like so many things he has said, that’s a lie, and voters punished him and his party for it,” Josh Barro wrote in The New York Times.

The problem with the theory that voters punished Trump for lying is that the man has been lying for decades, most famously about winning the 2020 election — which, of course, he lost.

He entered politics by lying about Barack Obama. So the real question is why Trump’s lies bothered people now.

Maybe a clue was in the language during the leadup to this election, and how it changed as the watershed results came in.

I don’t know about you, but I couldn’t help noticing that Israel was a hot topic that somehow disappeared on election night as journalists marveled that Mississippi was in play for a Senate seat while every kind of Democrat won — moderate, far-left, young, old.

But it didn’t seem that would happen a mere five days ago, in that other lifetime when former Speaker of the House Nancy Pelosi, during a discussion with podcaster Donny Deutsch, categorized debate over Israel as a fight between ‘right’ and ‘wrong.’

Back then, Michigan felt crucial, not one in a pile of Democratic wins. It was news that the elegant former speaker used the word ‘wrong.’

“When you say Israel doesn’t have the right to be a Jewish state, that’s antisemitic as far as I’m concerned,” Deutsch said, in reference to statements made by New York Mayor Zohran Mamdani and then-Michigan Senate candidate Abdul El-Sayed.

“It’s more than concerning,” Pelosi responded. “It’s wrong. It’s wrong. And it isn’t a reflection of the Democrats in the Congress of the United States.”

I flashed back to that one-syllable word — “wrong” — early Wednesday morning when, with El-Sayed’s victory, it seemed that, contrary to what Pelosi said, objecting to Israel’s existence as a Jewish state was apparently no longer viewed as categorically “wrong.”

Wrong vs. right

If objecting to Israel’s existence was “wrong,” then what was “right”?

Some Jewish politicians — like Michigan Attorney General Dana Nessel — told Jews to put their own concerns aside for the “needs of the world.”

“We have a moral imperative to place the needs of the world above even our own self-interest and, yes, even our own survival,” Nessel said, acknowledging that Jews faced a “stark choice” due to some of the comments made by Democrats.

After the election, anti-Israel commentators mocked Jewish politicians — and journalists.

Mehdi Hassan, founder of media company Zeteo, taunted Representatives Josh Gottheimer and Debbie Wasserman Schultz, along with CNN anchor Dana Bash, all Jewish. “He won,” Hasan said, calling El-Sayed a “left-wing Muslim anti-Zionist.”

“And so for all of you, I have two words — two words — cry more.”

The dismissiveness is the point

What got me about Hasan’s comments wasn’t just the hatred; it was the dismissiveness — as if all the existential worry within the Jewish community didn’t matter at all.

As if Nessel, who tried to find the “right” thing to do in a time when lies from the leader of the free world — not to mention violence against immigrants, humiliating comments toward and threats against brave Ukrainian leader Volodymyr Zelenskyy, and fleecing the United States in one of the biggest cons in history — meant asking her fellow Jewish Democrats who worried about Israel and attacks on their own local synagogues to ignore their own inner voice.

In its post-midterms statement, the Anti-Defamation League used the word “dismissed”  with regard to Jewish Americans’ concerns — on a night when some candidates proved that ignoring Jews’ worries is not a barrier to electoral victory.

“Antisemitic rhetoric and scapegoating fuels hatred and can lead to harassment, threats and violence. In too many places, Jewish Americans’ concerns about this were overshadowed by competing priorities or dismissed outright,” the statement read.

Hmmm, I thought thinking about what that bicyclist had yelled at me: “You know it’s true.”

But I can’t help thinking that I don’t know what’s true; none of us know yet why so many voters finally dumped Trump.

I do, however, think that the framing given by the bicyclist, so convinced he knew what was and wasn’t true, and the dismissiveness problem, are related. That’s because the easiest way to dismiss another person’s thought process is to say “that’s a lie.”

I don’t know what’s worse — to be called a liar, or to be ignored — but amid all the celebration, I fear many in the Jewish community may soon find out.

In the months ahead, I’ll be listening for dismissiveness. I’ll be watching the distance between truth, lies, right, wrong, and “cry more.”

And I’ll notice when anyone — whether they’re a screaming bicyclist, journalist, or a politician — tells me I should already know what the truth is.

The post Now that the election is over, can we stop dismissing everyone we disagree with by calling them ‘wrong’ or a ‘liar?’ appeared first on The Forward.

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I’m glad El-Sayed won – but I wish he’d lost

The election of Abdul El-Sayed is my least favorite dream to come true.

I’m glad he won the race for senator because, along with a clear majority of Americans, I believed it was time to elect a Congress and Senate that would serve as a check on the presidency and put forth policies to repair our struggling country.

If I lived in Michigan, I would have voted for him for that reason. But as Election Night wore on and it became clear Democrats and independents had won a comfortable majority in the Senate, I hoped El-Sayed would lose.

Judging by the post-election surveys, I’m not the only Jew who felt this way. El-Sayed won about 60% of the Jewish vote. But he ran about 20 points behind Jocelyn Benson, the Democratic candidate for governor, with those same voters.

They didn’t flee the Democratic party, but they did show less enthusiasm for El-Sayed. In my case it had nothing to do with the fearmongering over his religion or family. (The Republican Jewish Coalition called El-Sayed, “the most antisemitic U.S. Senate candidate in America.”).

My problem was that El-Sayed too often mirrored the toxic politics of his opponents. He aligned himself with Hasan Piker then offered tepid, tardy disavowals of the popular streamer’s extremism. I criticized President Donald Trump for doing the same with the Proud Boys, David Duke, QAnon and the Holocaust denier Nick Fuentes.

And, like Trump, El-Sayed lied, constantly telling Michiganders that their schools and hospitals were underfunded because the government sent the money to Israel instead. He’s a smart man who knows that aid money amounts to .05% of the federal budget, is mostly spent in America and is hardly the reason for underfunded education.

But he repeated the lie in his victory speech Tuesday night. “We want our taxes spent here,” he said, “for schools here, and healthcare here, and infrastructure here. We don’t want our money sent to do apartheid, or genocide, or war.”

Sound familiar? “This tsunami of Illegals has destroyed Americans’ Public Schools, Hospitals, Parks, Community Resources, and Living Conditions,” Trump wrote on Truth Social last year.

How is a Democratic candidate who scapegoats the Jewish state for the ills of Flint any different than a Republican who blames crime on Haitians, fraud on Somalis and bad schools on Mexican immigrants? Both invite hate and divert attention from real solutions. When El-Sayed points at Israel as the cause of Michigan’s problems, the blame falls on American Jews, Haile Soifer, chief executive of the Jewish Democratic Council of America, pointed out during the race.

The least surprising twist in the dramatic campaign was when Tucker Carlson endorsed El-Sayed — both men push a simple theory of who’s to blame for America’s ills.

But as much as I would have preferred to win without El-Sayed, his election is far from the nightmare many American Jews fear.

He is one senator out of 100, and one Democratic senator out of 54, or 56, depending on the Mississippi and Alaska races.

El-Sayed will soon learn that accomplishing the things that are most important to Democratic voters — universal health care, campaign finance reform and affordability — has nothing to do with Israel.

Trump, on Election Day morning, helped politicians in both parties by announcing an end to U.S. aid to Israel. It’s unclear how that putative end will look in fact, but what’s certain is that as the U.S. and Israel redefine their relationship, El-Sayed and others in both parties who have been fervent critics of that aid will have to say what they’re for, not just what they oppose.

In a pre-election interview with the New Yorker, and elsewhere since his victory, El-Sayed said he wants a process that offers peace and self-determination to Palestinians and the “Jewish Israeli people.”

That’s a promise that the 40% of Jewish voters who didn’t back him — and the majority who did — should hold him to, and work beside him to help make happen. The Jews who stuck with El-Sayed have especially earned that right.

“Political coalitions that grow and endure can only be built when we join with those with whom we have real – even profound – disagreements,” wrote Jeremy Ben-Ami, founder of the liberal Zionist lobby J Street, following the election.

On the campaign trail, El-Sayed’s anti-Israel rhetoric clearly resonated with some core constituencies. Inside the Senate, where moderate Democrats are a majority, El-Sayed will find a constituency for pragmatic steps to moving Israelis and Palestinians in that direction.

And that would indeed be a dream come true.

The post I’m glad El-Sayed won – but I wish he’d lost appeared first on The Forward.

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