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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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UCLA student government condemns campus Hillel for hosting former hostage

A campus event featuring freed Israeli hostage Omer Shem Tov drew the condemnation of UCLA’s student government on Tuesday. In an open letter, the UCLA Students Associated Council said that bringing Tov to speak to students “served to legitimize and normalize” atrocities in Gaza and Lebanon.

Shem Tov, 23, was kidnapped from the Nova music festival in Southern Israel on Oct. 7, 2023, and held hostage in Gaza until his release in a prisoner exchange in February 2025. UCLA hosted him on April 14 for a Yom HaShoah event.

“While we affirm the humanity of all people impacted by violence, we reject the selective platforming of narratives that obscure the broader reality of ongoing state violence,” the student government letter wrote in the letter, which was addressed to the UCLA administration and UCLA Hillel among others. “Israel is currently continuing to carry out what has been widely identified by human rights advocates as a genocide in Gaza, while also expanding its illegal military campaign into Lebanon.

“In this context, elevating a single narrative, absent of critical political and humanitarian framing, serves to legitimize and normalize these ongoing atrocities.”

Rabbi Chaim Seidler-Feller, UCLA Hillel’s director emeritus, called the statement “completely ridiculous.”

“You can’t present the narrative of your experience without it being called ‘one sided,’” Seidler-Feller said. “There has to be a counter-story to persecution. Is there a counter-story to killing people?”

UCLA Hillel executive director Daniel Gold dismissed the criticism in Tuesday’s letter as antisemitic.

“Hillel at UCLA and Students Supporting Israel UCLA would like to apologize…for absolutely nothing,” he wrote in a statement. “Members of UCLA student government have once again shown they are anti-dialogue, anti-learning, anti-truth, anti-student and antisemitic.”

The USAC did not respond to a request for comment.

As college campuses across the country became a hotspot for pro-Palestinian activism following the Oct. 7 attack, UCLA, with an activist history and a large Jewish population, stood out as a major flashpoint. Its student encampment was the site of a riot in April 2024 and eventually cleared by police in riot gear.

The USAC has sided with pro-Palestinian protesters throughout. In a Feb. 2025 letter titled “We Are All SJP,” the USAC, which is democratically elected by the roughly 30,000-member UCLA student body, condemned Chancellor Julio Frenk’s suspension of Students for Justice in Palestine. The letter referred to Israel only as “the Zionist state” or put the country’s name inside quotation marks.

The University of California has since been sued by the Department of Justice, which said that UCLA created a hostile work environment against Jewish and Israeli faculty in violation of Title VII of the Civil Rights Act.

The post UCLA student government condemns campus Hillel for hosting former hostage appeared first on The Forward.

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Trump extends ceasefire with Iran, even after Iran balks at new round of negotiations

(JTA) — President Donald Trump announced on Tuesday that he would unilaterally extend the U.S.-Israeli ceasefire with Iran, even though Iran had not agreed to his conditions or even to return to the negotiating table.

Trump announced the decision on Truth Social just hours before the two-week-old deal was set to expire. Citing Iran’s “fractured” leadership, Trump wrote that he had been asked by Pakistani Prime Minister Shehbaz Sharif to “hold our Attack on the Country of Iran until such time as their leaders and representatives can come up with a unified proposal.”

Vice President JD Vance’s planned trip to Islamabad, where talks were set to take place, was postponed indefinitely after Iran failed to confirm its participation in negotiations.

Trump added that the United States would maintain its naval blockade of Iranian ports in the Strait of Hormuz, despite Iran’s repeated calls for the restrictions to be lifted.

The announcement marked a sharp departure from the president’s statements earlier in the day, telling CNBC that, if a deal was not made before the deadline, “I expect to be bombing.”

In a statement Tuesday, Sharif thanked Trump for his “gracious acceptance” of Pakistan’s request to extend the ceasefire, adding that the country would “continue its earnest efforts for a negotiated settlement of the conflict.”

The announcement adds to uncertain about the war’s future, including for Israelis who lived through six weeks of Iranian bombing, and renews questions about Trump’s commitment to achieving his war goals, which have varied and included blunting Iran’s nuclear ambitions, achieving regime change, and destroying Iran’s stockpile of ballistic missiles. He said earlier this week that he was asking Iran to limit its nuclear program for 20 years, five years longer than was required by the deal struck by Barack Obama in 2015. Trump exited that deal in 2018.

Last week, Trump announced a different ceasefire, between Israel and Lebanon, on Truth Social, contradicting Israel’s claim that the Iran ceasefire would not apply to its fighting with Hezbollah, an Iran-backed proxy in Lebanon.

Trump’s announcement of the ceasefire extension came during the night in Israel, after Israelis began their celebration of Independence Day. It drew criticism from one of his staunchest pro-Israel supporters, the Zionist Organization of America, whose national president Morton Klein said in a statement that “interminable delay is the standard Islamic Iranian regime negotiating tactic” and that acceding to it represented a victory for Iran. The statement did not mention Trump.

The post Trump extends ceasefire with Iran, even after Iran balks at new round of negotiations appeared first on The Forward.

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Alan Dershowitz quits Democratic Party, calling it ‘most anti-Israel party in U.S. history’

(JTA) — Alan Dershowitz, the prominent pro-Israel attorney whose clients have included Donald Trump and Jeffrey Epstein, announced on Monday that he was leaving the Democratic party and registering as a Republican.

Describing himself as a “lifelong Democrat,” Dershowitz wrote in a Wall Street Journal op-ed that he had decided to “bite the bullet and register as a Republican,” citing Democratic support for an arms embargo on Israel last week and the Michigan Senate candidate Abdul el-Sayed’s anti-Israel rhetoric.

“There is no denying that the hard left, anti-Israel wing of the Democratic Party has moved from the fringe to the mainstream,” Dershowitz wrote, adding that “Republicans have their own antisemitic fringe, but for now it remains a fringe.”

The announcement formalized a political evolution for Dershowitz, who defended Trump during his first impeachment and has increasingly broken with Democrats over Israel in recent years.

In 2021, Dershowitz nominated Jared Kushner, Trump’s son-in-law, and Avi Berkowitz, Trump’s top Middle Eastern envoy during his first administration, for the Nobel Peace Prize over their hand in shaping the Abraham Accords.

Dershowitz — who has recently faced scrutiny over his ties to Epstein, and previously denied allegations of sexual misconduct made by one of Epstein’s accusers — panned the Democratic Party as the “most anti-Israel party in U.S. history” in the op-ed.

“I believe that the Democratic Party’s hostility to Israel represents a deeper and more dangerous shift away from the center and toward a radical approach that is bad for America and the free world,” Dershowitz wrote, adding that he intended to “work hard to prevent the Democrats from gaining control of the House and Senate.”

Dershowitz’s comments are in line with Trump’s statements about Jews and the Democratic Party. He has repeatedly expressed amazement at how any Jews could vote for the Democrats considering his own record when it comes to Israel.

The post Alan Dershowitz quits Democratic Party, calling it ‘most anti-Israel party in U.S. history’ appeared first on The Forward.

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