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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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Ceasefire and political pressure test U.S.-Israel Iran war pact

Israel is now in a precarious position following President Donald Trump’s sudden declaration of a ceasefire in the Iran war, say experts on security and the Middle East.

On Tuesday evening, President Trump announced in a Truth Social post that he would declare a two-week pause to the war that began on February 28, just an hour and a half before his ultimatum to Iran was set to expire. He had demanded that Tehran reopen the Strait of Hormuz — which had been closed for weeks, choking global energy markets — or face a catastrophic military assault, warning that “a whole civilization will die tonight.”

The Pakistani Prime Minister, who had mediated between the U.S. and Iran, announced that the truce was “effective immediately” and would apply not only to the U.S. and Iran, but also to “their allies” — namely Israel and Lebanon, both of which had been involved in recent exchanges of fire.

But Israel had other ideas. Prime Minister Benjamin Netanyahu — while stating that the U.S. had coordinated with Israel before agreeing to the ceasefire —  disputed the Pakistani claim that the ceasefire included Lebanon. Israel has continued to strike its northern neighbor hard in the wake of the announcement.

Netanyahu maintains the U.S. had assured him it would continue to press on issues critical to Israeli security — namely seeking to ensure that “Iran no longer poses a nuclear, missile and terror threat to America, Israel, Iran’s Arab neighbors and the world.” So far, Iran has resisted such demands.

Despite the ceasefire announcement, Iran struck Israel and Gulf countries well into the evening, and Israel, too, carried out several strikes in the immediate aftermath of the announcement.

Split support

The ceasefire has underscored growing differences between Washington and Jerusalem over both the conduct and goals of the war.

According to Jonathan Panikoff, the director of the Scowcroft Middle East Security Initiative at the Atlantic Council and a former U.S. intelligence official, Israeli and U.S. objectives were misaligned from the outset. Israel sought not only to degrade Iran’s military capabilities but also to pursue regime change.

For the U.S., “it was always less clear … the regime change question was always much more up in the air, and even on the nuclear program, you haven’t seen nearly as much effort against it in the same way as obviously happened during June,” said Panikoff, referring to the 12-Day-War during which the U.S. targeting Iranian nuclear infrastructure with unprecedented force.

Panikoff also said that coordination between Israel and the U.S. on the ceasefire agreement itself was somewhat dubious. “The U.S. almost certainly talked to Israel about the potential ceasefire, but it’s unlikely that Israel played a meaningful role in the decision,” said Panikoff, who believes Israel would have preferred to continue the war to “get through the remainder of the target list.”

Misaligned public opinion in the two countries regarding the war is likely driving the divergence. While the majority of Americans do not support the war, with 61% saying they do not approve of Trump’s handling of the conflict, Israeli support has remained broad across the political spectrum, even amid sustained missile attacks. For Israelis, confronting Iran is viewed as existential. “Iran is a fundamental thing. On the American side, it just is not the same threat,” Panikoff said.

According to Dana Stroul, the Director of Research at the Washington Institute and a former deputy assistant secretary of defense for the Middle East in the Pentagon, Israel’s actions in the immediate aftermath of the ceasefire reflect that gap. She noted that Israel carried out additional strikes in Iran, “which indicates that they still had more targets on their strike list that they wanted to work through, and they were willing to risk, for a brief moment in time, not complying with the ceasefire to do more.”

Stroul said the U.S.-Iran peace talks scheduled to take place on Friday in Islamabad have exposed further tensions. Disputes over whether Israeli operations in Lebanon should halt have already complicated talks between Washington and Tehran. “The Iranians are saying, ‘if Israel doesn’t stop in Lebanon, we won’t go to Islamabad.’”

As a result, she said, “the issue of Israeli behavior and Israeli military action will become a hinge of whether these negotiations proceed on the ceasefire.”

“Within less than 24 hours, the debate shifted from whether or not the parameters for the talks on Friday in Islamabad are acceptable for U.S. national security interests, to where Israel is within this framework,” said Stroul.

Stroul said that this could also create a moment of “peak vulnerability for Netanyahu,” who tied his political future to his alignment with Trump.

Israeli opposition leader Yair Lapid has already taken a swing at Netanyahu in a post on X, stating: “Netanyahu led us to a strategic collapse. There was here a disgraceful combination of arrogance, irresponsibility, negligent staff work, lies sold to the Americans that damaged the trust between the countries. A military success that turned into a diplomatic disaster.”

He added, “Israel had no influence whatsoever on the agreement signed tonight between the United States and Iran. Netanyahu turned us into a protectorate state that receives instructions over the phone on matters concerning the core of our national security.”

Finger-pointing at Israel

The ceasefire coincided with revelations published in the New York Times on internal White House deliberations as Trump weighed military intervention in Iran earlier this year. According to the Times, Netanyahu used a private meeting with Trump and key U.S. officials at  White House to present a plan outlining how the U.S. and Israel could work together to bring down the Islamic Republic, including a montage featuring potential alternative leaders for Iran.

While the presentation appeared to have impressed Trump, the report indicates that the President did not completely buy Netanyahu’s argument that regime change was a viable outcome. Instead, he relied on U.S. intelligence assessments that concluded the U.S. had the capacity to decapitate Iran’s leadership and dismantle its military capabilities, but that hopes for regime change were “detached from reality.”

Based on those assessments, Trump moved forward with a strategy focused on more limited and easily achievable objectives, though working in lockstep with Israel.

The report is unlikely to quell criticism from those who argue that Israel pushed the U.S. toward confrontation with Iran at the expense of U.S. interests.

Panikoff warned of potentially broad political consequences for the longtime allies depending on the outcome of the peace talks and any future fighting. “If this war ends with Iran being in a stronger strategic position regionally.… I think you’re going to get a lot of Republicans, especially in the MAGA wing of the Republican Party, who are going to start to question how this relationship has gone forth. When you combine that with where the Democratic Party is and with Democratic bases right now, I think it portends some real future challenges for the U.S.-Israel relationship.”

The post Ceasefire and political pressure test U.S.-Israel Iran war pact appeared first on The Forward.

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Why I interviewed Mahmoud Khalil

Since he was targeted for deportation by the Trump administration, Mahmoud Khalil has become both a celebrity among those who supported the campus protests against Israel and a villain for Jews who thought the demonstrations fueled antisemitism and sought Israel’s violent destruction.

While Khalil had addressed general allegations that the protests had created a hostile climate on campus in previous interviews — arguing that they may have made students uncomfortable but not unsafe — he had not spoken in detail about some of the most pressing questions for Jews who may have been alarmed by his arrest but were unsure about his actual beliefs.

What did a “free Palestine” — a core demand of the protesters — mean to Khalil?

What did he think about Oct. 7 and Hamas?

And how did he think the protest movement should relate to Jews who don’t share their views?

When a representative for Khalil reached out last month asking whether I wanted to interview him, it presented an opportunity to present his answers to these questions to the Forward’s audience.

I had no illusion that Khalil was going to assuage the concerns of every reader who believe he is antisemitic or otherwise misguided, but I saw my job as trying to understand where he was situated within a protest movement that is gaining political power and influence but remains more fractious than many people outside the movement are aware.

These divisions include divergent views over what the acceptable forms of Palestinian resistance are, what the ultimate objective of anti-Zionism should be, and how the movement should treat Americans — and especially American Jews — who disagree with it.

I know that such distinctions may not matter for those who think that any failure to recognize Israel’s right to maintain a Jewish majority, or opposition to Zionism, period, crosses a red line.

But even those who find anti-Zionism unacceptable may appreciate the opportunity to grapple with how and why a growing number of Americans, including Jews, are turning away from support for Israel in the wake of the wars in Gaza and now Iran. The question of who is going to harness that political sentiment and what they plan to do with it is becoming more important.

I wanted to know where Khalil stood on looming questions.

***

His answers, corroborated through conversations with others who knew and worked with him during the encampments at Columbia as well as his past public statements, were revealing.

Overall, they situated Khalil as a leader of the more conciliatory wing of the protest movement when it came to how it should engage with Israel’s supporters. He has read about and seriously engaged with liberal Zionism, and expressed sympathy for Jews who support Israel; he said Hamas was not a true representative of the Palestinian people, and that it was unacceptable for them to target and kidnap Israeli civilians; and he said that Israeli Jews should remain in a “free Palestine” with full rights.

He supported the statement from protest leaders that condemned a Columbia student who had said “Zionists don’t have a right to live,” opposed the ultimately violent takeover of Hamilton Hall and avoided the slogan “globalize the intifada.”

But his answers also underscored the gulf between even the more moderate protesters and the position of many liberal American Jews, who believe Israel committed war crimes or genocide in Gaza but remain horrified by the atrocities committed by Hamas on Oct. 7 and think that a two-state solution is the only way to preserve Jewish safety while respecting Palestinian rights.

Khalil wanted to assuage Jewish fears that he believed were at least partly responsible for the appeal of Zionism, and yet he did not acknowledge the full extent of violence on Oct. 7 — that Palestinian militants intentionally killed Israeli civilians — which perfectly epitomized a major source of these fears.

Whatever you may think of Khalil or his political views, I’m glad that the Forward can serve as a forum for people both inside and outside the Jewish community to speak with American Jews and I hope you’re able to learn something about Khalil and the movement he helped lead from our conversation.

The post Why I interviewed Mahmoud Khalil appeared first on The Forward.

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In rallies taking on Israel, a defiant Hasan Piker boosts Michigan Senate candidate Abdul el-Sayed

(JTA) — ANN ARBOR, Michigan — Outside, in a line that stretched around the block, the hundreds of people who turned out for Abdul el-Sayed’s campaign rally with Hasan Piker gave a range of reasons for showing up.

Some said they liked el-Sayed’s message of Medicare for All, a key plank of the former county health executive’s bid for an open Senate seat. Some were furious about the war in Iran, which the candidate has angrily denounced.

Others just liked the guy. “He’s a really great speaker and a really passionate person,” Natalie Gould, a master’s candidate in public health who had worked with el-Sayed in Detroit, told the Jewish Telegraphic Agency.

Inside, though, one issue made the crowd roar louder than any other: any time a speaker, from el-Sayed to Piker to the newly elected student body president, accused Israel of genocide. The progressive movement in which Piker has styled himself a kingmaker, one that is ardently pro-Palestinian while largely dismissive of any claims of antisemitism, was coalescing.

“In the beginning it was a lot lonelier when we spoke out. They used the same exact heinous smear: They said, ‘You’re antisemitic,’” Piker told the crowd. “And back then I felt a lot lonelier. But I don’t feel lonely anymore.”

Piker, the leftist Twitch streamer with millions of followers, was the evening’s biggest draw — and its biggest lightning rod. After el-Sayed announced the two would hold a pair of campaign stops together Tuesday, the streamer’s past clips and comments about Jews and Israel led numerous Jewish leaders and both of el-Sayed’s opponents to denounce the events. Some compared Piker to Nick Fuentes, the openly antisemitic far-right streamer who has divided Republicans. Leading Democrats called for the party to distance itself from Piker altogether.

Hasan Piker looks on as U.S. Senate candidate Abdul El-Sayed delivers a stump speech in Ann Arbor, Michigan, April 7, 2026. Piker, a popular Twitch streamer accused of antisemitism, prompted controversy for campaigning with El-Sayed. (Andrew Lapin/JTA)

Pushback continued until just before the events started. An hour before the first rally, at Michigan State University, that school’s president and governing board issued a joint statement affirming their campus free speech principles while also condemning antisemitism. The school’s Hillel chapter had already called Piker a “known antisemite,” expressing concern about his appearance.

At the next stop at the University of Michigan, el-Sayed told the crowd that the campus pro-Israel club Students Supporting Israel had planned to protest the event. But the group wasn’t visible outside the building, and the club’s Instagram page announced that its “March Against Extremism” had been “postponed,” which the group attributed to “extenuating circumstances” that it did not explain.

El-Sayed leaned into the energy, embracing Piker onstage and mocking the negative attention the rally had received. The rally overlapped with President Donald Trump’s deadline for Iran to make concessions or “a whole civilization will die,” which led to a temporary ceasefire in the U.S.-Israeli war on Iran.

“Apparently, the most important thing happening on Twitter was whether or not we were going to campaign with Hasan,” he told the crowd. “Somehow Fox News found it fit to cover this rally six f–king times and not talk about the fact the president wants to commit a genocide in Iran.”

Also leaning in were the night’s other speakers, who were all being showcased on Piker’s livestream — where, during downtime in-between speeches, he bemoaned what he described as a bad-faith campaign to paint him as antisemitic. (He also said he’d been hoping to eat at Zingerman’s, a famous Jewish-style gourmet deli in Ann Arbor.)

“I told Piker just now, I was like, ‘You’re never going to be canceled up in Michigan,’” Rep. Rashida Tlaib, the House’s fiercest critic of Israel, said during her own stump speech.

Rep. Summer Lee, of Pennsylvania, also delivered a speech, and Rep. Debbie Dingell, of Michigan, attended but did not speak.

Candidates for local office also stood next to Piker, including Amir Makled, a candidate for the university’s Board of Regents who was the legal defense for the school’s student pro-Palestinian encampment movement.

The crowd was young and diverse in age and race. While Piker received cheers when he shouted out his fans, some of the attendees told JTA they were more mixed on him, while others had little familiarity with his streams. But they all agreed he had juiced El-Sayed’s campaign.

“I mean, there’s tons of people here,” Ann Arbor resident Joey Ryan said while queuing up for the over-capacity rally outside, gesturing behind him. “I remember the Joe Biden Michigan stuff, and it was not like this. I remember the Bernie Sanders rally in early 2020, and it was more like this.”

Ryan said that Piker, like other streamers, operated in the “attention economy” space, where “saying inflammatory things sometimes can get you attention.” But, he said, “I also think it’s been blown completely out of proportion when you have the president of the United States calling Iranians non-human, as an example, to bomb them, and that includes the synagogue that was blown up in Iran today. Like, there are Jews in Iran as well. Is that not antisemitism?”

“Some of the stuff he says is kind of crazy. I’m not going to lie, there’s some stuff he said that I disagree with,” another attendee, a current University of Michigan student who declined to give her name, said of Piker. Content creators, the student said, can “get out over their skis.”

If anything, Piker and el-Sayed became more honed in on Israel as the day went on. At their first East Lansing stop, both made only a handful of comments about Israel and AIPAC. By the time they reached Ann Arbor that evening, the headliners had amped up their broadsides, with Piker referencing a new Pew Research Center study showing that 84% of Democrats under 49 have a somewhat or very unfavorable view of Israel.

“There’s only a handful of Democrats that are actually outspoken on this atrocity, outspoken on the relationship that we have with a foreign country that we simply always have to send unlimited billions of dollars to — a country that has health care, mind you,” Piker said. “You do not, but Israel has free health care.” The crowd booed at this line.

(L-r) U.S. Rep. Summer Lee, Senate candidate Abdul El-Sayed, and Twitch streamer Hasan Piker pose during a rally for El-Sayed, April 7, 2026. (Andrew Lapin/JTA)

As another rallying cry, he told them, “When you feel really sad, when you feel really angry, remind yourself of the worst fascist that you know. It could be Donald Trump, it could be Rabbi Shmuley. They’re going to be very excited if you stop fighting.” (Piker later told JTA that he was referring to Rabbi Shmuley Boteach, a pro-Israel Twitter gadfly who Piker said was “pro-genocide.”)

The candidate, too, amped up his criticisms of AIPAC in particular. The pro-Israel lobby, which has poured millions of dollars into congressional elections, is facing a resolution of opposition from the Democratic National Committee this week.

“AIPAC tells us that the number one goal of our foreign policy is to align with a foreign government,” el-Sayed said, to boos. “You know, when I talk about AIPAC, everybody says, ‘Well, it’s because you’re Arab Muslim.’ No it’s not. It’s because I’m f–king from Michigan, and I want my tax dollars back in Michigan.”

He also joked that AIPAC ads against him might finally give him something he’s dreamed about. “The one thing you’re supposed to have, as an American Muslim, is a nice beard,” he said. “And I was never gifted with that. But for three months this summer, AIPAC’s going to give me the beard of my dreams.”

At both campaign stops, El-Sayed, who grew up in a heavily Jewish Detroit suburb not far from Temple Israel, the synagogue that was attacked last month, also said he welcomed Jews to his movement.

“All of us love and revere Jewish folk, our Jewish neighbors, the faith of Judaism,” he said in Ann Arbor, to applause. “Trust me, nobody will fight harder against antisemitism than somebody who intimately understands what it’s like to be discriminated against because of how I look.”

He reiterated the point in an interview after the event.

Supporters of Michigan U.S. Senate candidate Abdul El-Sayed cheer Rep. Rashida Tlaib as she denounces Israel during a rally in Ann Arbor, Michigan, that also featured Twitch streamer Hasan Piker, April 7, 2026. (Andrew Lapin/JTA)

“I am so grateful I’ve grown up in a community with a large proportion of Jewish Americans. I learned a lot from the Jewish tradition. I’m grateful to have been invited to bar and bat mitzvahs and to be invited to Seders and to be invited to spend time at shul,” el-Sayed told JTA.

“I stand deeply and profoundly against antisemitism in the same way that I stand deeply and profoundly against Islamophobia,” he added. “Those two things always run together. It is not antisemitic to criticize a foreign government, and it’s not antisemitic to criticize a super PAC that is intent on aligning our interests with the foreign government.”

In the interview, the candidate also reiterated the sentiment behind his own statement on the Temple Israel attack, in which he had referenced the Israeli war in Lebanon. “I also think it’s just critical for us to understand that hurt people do hurt people, and the circumstances happening 6000 miles away can affect the lives that we live here,” el-Sayed said Tuesday.

At the end of the rally, Piker climbed back onto the stage with El-Sayed to a standing ovation. The two men embraced, then posed for a selfie with the crowd behind them.

This article originally appeared on JTA.org.

The post In rallies taking on Israel, a defiant Hasan Piker boosts Michigan Senate candidate Abdul el-Sayed appeared first on The Forward.

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