Uncategorized
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.
Uncategorized
America’s oldest synagogue closed. Then an unlikely group tended its cemetery.
In 1833, Herald of the Times, a Newport, Rhode Island, newspaper, reported that the remains of Mrs. Rebecca Lopez had been brought from New York by steamboat and placed inside Touro Synagogue.
Dedicated in 1763, the building is now recognized as the nation’s oldest surviving synagogue. Newport had once been home to a thriving colonial Jewish community, but after the Revolutionary War and the city’s economic decline, that community had largely faded. The cemetery remained, and so did the synagogue. It was during that long interval of near-absence that Lopez’s funeral briefly reopened Jewish ritual life in Newport.
After prayers were read by Rabbi Isaac Seixas of New York, the body was carried to the cemetery on Touro Street, with “the clergy, town council, and a numerous concourse of spectators” joining the funeral procession. The paper noted that a Jewish ceremony had not been performed there “for the space of forty years.”
Newport’s Jewish burial ground dated to 1677. In 1822, Abraham Touro left money for the upkeep of the cemetery, the synagogue, and the street on which they stood. The fund was placed under trustees appointed by the Rhode Island legislature, and Newport’s Town Council was later authorized to use the interest for repairs.
While Newport’s Jewish population declined, the endowment ensured that the synagogue building and cemetery grounds continued to be maintained. In 1826, the Town Council reported that it had tried to repair the synagogue using the Touro fund, but could not proceed because it had not been able to obtain the keys from Shearith Israel in New York. Many of Newport’s former Jewish residents had relocated there, and the congregations had longstanding ties.
In 1842, the council contracted to enclose the synagogue lot with a substantial stone wall and an ornamental cast-iron fence, modeled on the fence around the Jewish cemetery. The work included a Quincy granite base and a gateway on Touro Street designed to correspond with the synagogue’s portico. The project cost $6,835.
The synagogue’s doors rarely opened, and often only for moments of mourning. In June 1854, Newport received the body of Judah Touro, one of the most prominent American Jews of his era, a native of the town and brother of Abraham Touro. The Herald of the Times reported that “the streets was [sic] crowded with people, the stores all closed, and the bells tolled.”
The City Council assembled at City Hall and marched in procession to the synagogue, where “thousands remained outside” during the service. At the funeral, Newport’s mayor, William C. Cozzens, spoke of the trust that had long existed between the city and local Jewish families, recalling that the synagogue and cemetery had been left in Newport’s care and maintained there “with ample means for their preservation.”
When Henry Wadsworth Longfellow visited Newport’s Jewish cemetery that same year, he wrote of the graves as “silent beside the never-silent waves.” He noticed, too, what endured there: “Gone are the living, but the dead remain,” he observed, “and not neglected.”
Newport’s preservation of Jewish sacred space was shared. Jews endowed these places and returned to bury their dead there. Christian officials repaired, protected, and publicly honored them. In this way, a Jewish inheritance was carried forward until communal life returned.
In 1883, Touro Synagogue was rededicated and a new Jewish community established in Newport. But even in the window of years when the congregation was gone, the dead were not abandoned.
The graves were kept.
The post America’s oldest synagogue closed. Then an unlikely group tended its cemetery. appeared first on The Forward.
Uncategorized
Milwaukee rabbi and son ordered to pay $1,000 to muralist who reportedly praised Hamas in court
(JTA) — A retired rabbi and his son were sentenced Wednesday in Milwaukee for having destroyed a local mural in 2024 that depicted the Star of David transforming into a swastika.
Rabbi Peter and Zechariah “Zee” Mehler were ordered to pay $1,000 total in restitution to Ihsan Atta, the property owner who had put up the mural. Peter, who pleaded no contest to a misdemeanor charge for criminal damage, was also fined $50, while Zee, who had pleaded guilty in December, was given a withheld sentence of 25 hours of community service.
The sentencing hearing took another turn when Atta, who is Palestinian, praised Hamas and walked out of the courtroom before being brought back in by deputies to finish the proceedings, according to local news reporters who were present. A transcript of the exchange could not immediately be obtained.
Zee Mehler told the Jewish Telegraphic Agency that, despite pleading guilty, he felt “vindicated.”
“What we did was illegal and needed to be answered for. But at the same time, what we saw was a very strong response from the city and the court that showed that they have no patience or time for this anti-Israel narrative,” he said. “They recognize the way that it has spread antisemitism, and they recognize the way that it’s caused so much global harm to the Jewish community.”
The case dates back to September 2024, when the Mehlers used a hammer and other tools to tear down Atta’s recently installed mural in full view of security cameras. They have long maintained that, while they understood it was illegal to destroy the mural, they did so out of concern for the safety of the local Jewish community.
Atta’s mural included the words “The irony of becoming what you once hated” surrounding a Star of David transforming into a swastika; the background of the mural appeared to depict scenes of destruction in Gaza. The Mehlers viewed the mural as incitement. At the time of their actions, it had already been condemned by local Jewish groups and the Milwaukee City Council.
In the courtroom, Zee, wearing long dreadlocks, escorted his father, who is 74 years old and has Guillain-Barre syndrome, in a wheelchair. Peter recently lost the ability to walk, his son said: “This has been a really rough few years for him.”
According to reports, circuit court judge Jack Dávila interrupted Atta when he began praising Hamas and instructed him not to make comments unrelated to the crime.
“We’re not going to solve the world’s problems with this hearing,” the judge reportedly told Atta, who apologized for his actions. In a video posted after the verdict, Atta called the proceedings a “kangaroo court” and stated, “We must have judges that are on the Epstein files, because we’ve got clowns running the courthouse.”
Atta’s actions in court, Zee Mehler said, meant “I didn’t really need to do much.”
“He was called to testify, and he absolutely buried himself,” Mehler said. “I can’t believe he said that he supports Hamas in a court, on the record. That’s a crazy thing to do.”
This article originally appeared on JTA.org.
The post Milwaukee rabbi and son ordered to pay $1,000 to muralist who reportedly praised Hamas in court appeared first on The Forward.
Uncategorized
Chicago’s new Jewish high school plucks leader from Florida day school
(JTA) — Months after unveiling plans for a new Jewish high school in downtown Chicago, the project’s founders have found their inaugural head of school and secured a still-under-construction building ahead of its first class, slated for fall 2027.
The Davis School this week announced the appointment of Richard H. Cuenca, the current head of school at the Posnack Jewish Day School in Davie, Florida, to lead the new high school.
“A transformative builder and disciplined leader, Dr. Cuenca brings extraordinary experience and a record of meaningful achievement,” the Davis Chicago Board of Trustees said in a statement. “Davis Chicago is committed to creating an academically rigorous, values-driven Jewish high school that prepares students for top universities, meaningful Jewish engagement, and leadership in the broader world.”
For Cuenca, the move to Chicago after leading Posnack since 2011 marks a chance to build a school from the ground up in one of the country’s largest Jewish communities. The launch of the Davis School was first reported by the Jewish Telegraphic Agency last summer.
“It’s going to be a unbelievable opportunity for the Jewish community and the Chicago greater community to be able to add another asset to this amazing city,” Cuenca told JTA. “A world class city deserves a world class college preparatory Jewish high school.”
The school, set to be the only non-Orthodox Jewish high school within city limits, will feature a mix of mandatory secular and Jewish curriculum with the goal of instilling “Jewish pride, support for the State of Israel, [and a] strong connection to their Jewish identity” in its students, according to Cuenca.
“If a kid’s taking AP calculus and they don’t identify with AP calculus, you know, that’s okay, right? You have to know calculus,” Cuenca said. “But in Judaic studies, it’s much more than just content knowledge. It’s also a sense of pride, of connection, of Jewish identity that gets solidified in very formative years of a teenager, so that by time they graduate, they know exactly who they are.”
Among the classes to be offered by the school will be an “Israel advocacy course,” which, according to Cuenca, will include a survey on the history of the biblical land of Israel through the creation of the modern Israeli state.
“When you have the true knowledge, when you have that, then that is a position of strength when an 18-, 19-year-old goes on a college campus and hears, you know, other things that deviate from that truth,” Cuenca said.
The lead-up to the school’s first class comes as both private and public schools in Chicago have faced allegations of antisemitism, spurring concern and desire for an alternative among some local Jewish parents.
But while some Chicago-area parents may be drawn to the school as a refuge from rising antisemitism, Cuenca said that was not the school’s focus. Instead, Cuenca said the school was intent on “lifting people up through Jewish learning.”
“We’re not trying to respond to antisemitism,” Cuenca said. “We’re trying to offer a school of excellence that we think contributes to the success of the overall city.”
That vision has been backed by significant investment in the school. In August, Tony Davis, a lead donor to the project and the co-founder and president of Linden Capital Partners, purchased a seven-story building on East Wacker Drive for $17.5 million to house the school.
The building, which will feature a 500-seat theater, a two-story library and fully kosher cafeteria facilities, was originally developed to house a high school campus for GEMS World Academy, a Dubai-based education provider.
“Our founding vision is anchored in academic excellence, elevated by exceptional Jewish scholarship, rigorous college preparation, and the vibrant energy of the city of Chicago,” Davis and his wife, Laura, said in a statement. “Our vision is bold, and Dr. Cuenca is the leader who will build our dream into a reality.”
This article originally appeared on JTA.org.
The post Chicago’s new Jewish high school plucks leader from Florida day school appeared first on The Forward.