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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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Trump Says US Will Sell F-35s to Saudi Arabia Ahead of White House Talks With Crown Prince
US President Donald Trump and Saudi Crown Prince and Prime Minister Mohammed Bin Salman shake hands during a Memorandum of Understanding (MOU) signing ceremony at the Royal Court in Riyadh, Saudi Arabia, May 13, 2025. Photo: REUTERS/Brian Snyder
US President Donald Trump on Monday said he plans to approve the sale of US-made F-35 fighter jets to Saudi Arabia, announcing his intention one day before he hosts Saudi Crown Prince Mohammed bin Salman at the White House in Washington, DC.
The high-stakes meeting comes as rumors swirl about the possibility of Israel and Saudi Arabia, long-time foes who in recent years have increasingly cooperated behind closed doors, normalizing ties under a US-brokered deal.
“They want to buy. They are a great ally. I will say that we will be doing that,” Trump told reporters in the Oval Office. “We will be selling them F-35s.”
Reuters reported earlier this month that Saudi Arabia has requested to buy as many as 48 F-35 fighter jets in a potential multibillion-dollar deal that cleared a key Pentagon hurdle.
Such a sale would be a policy shift for Washington, which primarily sells the F-35 to formal military allies, such as NATO members or Japan. Israel is the only country in the Middle East that has the elite fighter jets, in accordance with longstanding bipartisan policy for US administrations and the Congress to maintain Israel’s “qualitative military edge” in the region. Saudi Arabia’s acquiring them would at least somewhat change the military balance of power.
However, Axios reported over the weekend that Israel does not oppose the US sale of F-35s to Saudi Arabia, the world’s top oil producer — as long as it’s conditioned on Riyadh normalizing relations with Jerusalem.
“We told the Trump administration that the supply of F-35s to Saudi Arabia needs to be subject to Saudi normalization with Israel,” an anonymous Israeli official told the news outlet, adding that giving the fighter jets without getting any significant diplomatic progress would be “a mistake and counterproductive.”
It has been widely reported that Israel and Saudi Arabia were on the verge of a deal to establish formal diplomatic ties until the discussions were derailed by Hamas’s Oct. 7, 2023, massacre across southern Israel and the ensuing war in Gaza. Saudi officials have said that they will only agree to a normalization deal if Israel commits to a path toward a Palestinian state.
Saudi Arabia’s close partners Bahrain and the United Arab Emirates were among the Arab states to normalize ties with Israel in 2020 as part of the Trump-brokered Abraham Accords. Trump has said he is intent on expanding the accords to include other countries, above all Saudi Arabia.
“I hope that Saudi Arabia will be going into the Abraham Accords fairly shortly,” Trump told reporters on Friday.
The F-35 deal and possible Israeli-Saudi normalization are expected to be central to the agenda when bin Salman, widely known by his initials MBS, meets Trump.
It will be the crown prince’s first trip to the US since the death of prominent Saudi critic Jamal Khashoggi by Saudi agents in Istanbul in 2018. US intelligence concluded that bin Salman approved the capture or killing of Khashoggi, although Saudi Arabia’s de facto leader has denied ordering the operation.
Seven years later, Washington and Riyadh, longtime strategic partners, are looking forward, with bin Salman set to receive full ceremonial honors at the White House. Their meeting comes six months after Trump secured a $600 billion commitment from Saudi Arabia to invest in the United States.
Beyond investment, Riyadh has been eager to reach a security agreement with Washington expanding arms sales such as advanced missile-defense systems and drones, and deeper military training partnerships. Most importantly for Riyadh, however, is the US offering certain guarantees ensuring the kingdom’s security. Many observers have suggested that such a defense deal could be part of a broader arrangement to broker Saudi-Israel normalization.
Trump and bin Salman are also expected to discuss broadening ties in commerce, technology, and potentially nuclear energy.
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Catholic Church in Berlin Condemns Antisemitism as Anti-Israel Agitators Vandalize Historic Crucifix
Illustrative: Hamas supporters at a rally in Cologne, Germany, on Oct. 22, 2023. Photo: Reuters/Ying Tang
As antisemitic incidents continue to rise in Germany, the Catholic Church in Berlin has taken a firmer stance against anti-Jewish hatred by issuing new guidelines prohibiting its members from expressing racist, antisemitic, or extremist views.
On Saturday, the Archdiocese of Berlin, the governing body of the city’s Catholic Church, announced that all candidates for leadership positions must sign a special declaration rejecting racism, antisemitism, and extremist views.
“With this decision, responsibility falls where it belongs. Anyone seeking to serve on the diocesan committees and run in the elections must actively uphold the values of our Church,” Karlies Abmeier, president of the Diocesan Council, said in a statement.
The Catholic Church’s latest move aims to ensure that anyone seeking a leadership role within the institution commits to rejecting “racism, antisemitism, ethnic nationalism, and hostility toward democracy.”
“It is crucial for us that such statements never come from those in positions of power within our Church,” Marcel Hoyer, executive director of the committee, told the German Press Agency.
Candidates would also be prohibited from belonging to any party or organization that the German Office for the Protection of the Constitution has designated as extremist.
The archdiocese’s announcement comes amid a climate of rising hostility and radicalization in Germany, where the local Jewish community has increasingly become a target.
Last week, anti-Israel protesters vandalized a church with paint in the Vogelsberg district of Hesse in central Germany.
According to local media reports, a crucifix was vandalized with antisemitic graffiti, including the slogans “Free Palestine” and “Jesus is Palestinian,” and the church walls were also defaced with red paint.
Pastor Ingmar Bartsch denounced the incident, describing himself as “angry and bewildered.”
“What affects me most is that it’s a historic depiction of Jesus, at least 200 to 300 years old, and truly one of a kind,” Bartsch told the German newspaper Bild.
He explained that the crucifix will require a professional restoration, with initial damage estimates reaching into the thousands of dollars.
Local police have launched an investigation into the incident as a case of property damage, noting that the items involved hold religious significance.
As the restoration process begins, Bartsch said the church will remain closed for now, reopening only for religious services.
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Columbia University Rejects Latest Israel Divestment Proposal
Columbia University on Sept. 2, 2025. Photo: REUTERS/Ryan Murphy
Columbia University said on Friday that it will not divest from Israel and other corporations which anti-Zionist activists denounced for selling materials to the Israeli military.
The university’s Advisory Committee on Socially Responsible Investing (ACSRI) stated its position on the matter as a response to a group which submitted three proposals calling for the policy in December 2024, when the institution’s campus was being roiled by anti-Israel protests and a deluge of antisemitic incidents. The group had charged that Israel is guilty of “human rights violations” and “war crimes.”
Israel argued it went to unprecedented lengths to try and avoid civilian casualties during the latest war in Gaza, noting its efforts to evacuate areas before it targeted them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication. It noted that Hamas, the Palestinian terrorist group it was targeting, embedded its fighters within Gaza’s civilian population and commandeered civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.
In three separate statements, Columbia said that the group behind the boycott proposals lacks consensus support on campus and has reduced one of the most complex geopolitical conflicts in the world history to “vague and excessively broad” categories, sewing partisan division and confusion where a university would, ideally, aim to promote clarity and sober analysis of fact.
Additionally, ASCRI said that the group’s proposals are of “similar … substance” to other ideas put forth by the notorious Columbia University Apartheid Divest (CUAD) group, a spinoff of Students for Justice in Palestine (SJP) which Columbia resolved neither to recognize nor correspond with due to its culpability in antisemitic assaults, hate speech, and a slew of illegal occupations of campus property.
“As noted in the ASCRI’s decision on the CUAD proposal last year, members of the university have a wide range of views on contentious issues,” ASCRI wrote. “Hence, it will be difficult or unprecedented for the university, with such diverse views, to sponsor shareholder proposals of the kind this proposal envisages.”
It added, “There is significant opposition in the Columbia University community to divesting from companies that are involved in Israel, as evidenced by the actions of many students, faculty, and alumni.”
Columbia University has begun implementing a series of reforms it says will address campus antisemitism.
In a statement issued in July, university president Claire Shipman said the institution will hire new coordinators to oversee complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” CUAD, a pro-Hamas campus group which has serially disrupted academic life with unauthorized, surprise demonstrations attended by non-students.
“I would also add that making these announcements in no way suggests we are finished with the work,” Shipman continued. “In a recent discussion, a faculty member and I agreed that antisemitism at this institution has existed, perhaps less overtly, for a long while, and the work of dismantling it, especially through education and understanding will take time. It will likely require more reform. But I’m hopeful that in doing this work, as we consider and even debate it, we will start to promote healing and to chart our path forward.”
Columbia University had, until that point, yielded some of the most indelible examples of anti-Jewish hatred in higher education since Hamas’s Oct. 7, 2023, massacre in southern Israel set off explosions of anti-Zionist activity at colleges and universities across the US. Such incidents included a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
Amid these incidents, the university struggled to contain CUAD, which in late January committed infrastructural sabotage by flooding the toilets of the Columbia School of International and Public Affairs (SIPA) with concrete. Numerous reports indicate the attack may have been the premeditated result of planning sessions which took place many months ago at an event held by Alpha Delta Phi (ADP) — a literary society, according to the Washington Free Beacon. During the event, ADP reportedly distributed literature dedicated to “aspiring revolutionaries” who wish to commit seditious acts. Additionally, a presentation was given in which complete instructions for the exact kind of attack which struck Columbia were shared with students.
Columbia has since paid over $200 million to settle claims that it exposed Jewish students, faculty, and staff to antisemitic discrimination and harassment — a deal which secures the release of over $1 billion dollars the Trump administration impounded to pressure the institution to address the issue.
“Columbia’s reforms are a roadmap for elite universities that wish to retain the confidence of the American public by renting their commitment to truth-seeking, merit, and civil debate,” US Education Secretary Linda McMahon McMahon said at the time. “I believe they will ripple across the higher education sector and change the course of campus culture for years to come.”
Follow Dion J. Pierre @DionJPierre.