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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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Four Plead Guilty in 2024 Assault of Pro-Israel Attendees at North Carolina Library Event

West Asheville Library in North Carolina. Screenshot: buncombecounty.org.

In 2024, two Jewish residents and an 80-year-old senior citizen were beaten and dragged out of a public event in North Carolina which celebrated Hamas and was organized by an anarchist bookfair. Now, almost two years later, four people have pleaded guilty in relation to those attacks at the West Asheville Library.

On Tuesday, three individuals entered a guilty plea for simple assault in Buncombe Superior Court, while a fourth pleaded guilty to resisting a public officer.

According to a local news report, “All four persons were placed on supervised probation for one year. As conditions of their probation, each must complete 30 hours of community service, have no contact with the victims, and refrain from posting about the event on social media.”

One of the Jewish victims, David Moritz, was in the courtroom during the proceedings and told me, “I am happy we got some measure of justice.”

Another person beaten that day in 2024 was Bob Campbell, an 80-year-old military veteran with cancer and a stent in his heart. Campbell was stomped, assaulted, and pushed to the ground, a footprint clearly visible on his shorts. Local police encouraged Campbell to see a doctor.

Now, two shocking security camera videos have been shared which capture some of the violent assaults against the three pro-Israel attendees. Moritz told me it was this video evidence which led to the guilty pleas.

In one video, Campbell is seen on his knees with masked radicals all around him, while Moritz is being attacked.

In another video, Moritz — the Jewish son of Holocaust survivors — is seen being violently pushed out of the public library while he tries to defend himself and return to help his friends being assaulted in the building.

Moritz informed me that there were further violent aspects of the assault, which involved victims being struck multiple times, taking place in areas of the library that were not under video surveillance.

He conveyed that there were numerous additional individuals who assaulted them at the library who remain unidentified. He expressed gratitude for the diligent efforts of the local police and district attorney’s office and hopes that law enforcement will continue to pursue further suspects.

Moritz is extremely appreciative of the assistance that he and the two other victims received from StandWithUs, a prominent organization that fights antisemitism and educates about Israel. StandWithUs provided the three victims with pro bono legal support throughout the entire process and helped in identifying a suspect.

Yael Lerman, director of StandWithUs Saidoff Law, told me that her organization is “tremendously proud of the victims for working tirelessly to help identify their attackers, despite the fact that many of the attackers wore masks to conceal their identities.” Lerman said she is “thrilled” they worked together to help identify the attackers so they could “bring them to justice.”

“We need to give a lot of credit to the police department and the prosecutor. They really came through,” she added.

“The victims were fearless and persistent,” Lerman continued. “One of them was in his 80s and it did not stop him from fighting back. In this day and age, a lot of people — including Jews — feel fearful. The victims in this case are wonderful role models.”

Peter Reitzes writes about issues related to antisemitism and Israel.

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How Moses Created an Enduring Model of Great Leadership

Moses Breaking the Tables of the Law (1659), by Rembrandt. Photo: Wikimedia Commons.

Socrates is supposed to have said, “Education is the kindling of a flame, not the filling of a vessel.” And he didn’t just toss out this aphorism to sound clever — he literally lived it.

One day, in ancient Athens, a group of young aristocrats gathered around Socrates, who cut a strange figure standing barefoot in the bustling marketplace. Merchants were shouting prices, craftsmen were hammering bronze, and locals bustled from stall to stall in search of what they needed to buy. And in the middle of all this noise stood Socrates, asking questions.

One confident young man, eager to show off his intellect, stepped forward to challenge him. Socrates asked him a simple question: “Tell me, what is courage?” The young man gave a polished answer — something about bravery in battle.

Socrates nodded thoughtfully. Then he asked another question. “But what about the courage of someone who endures hardship? Is that courage, too?”

The young man paused for a moment, then adjusted his answer. Socrates asked another question. And then another. Each time the young man tried to refine what he had already said.

Within a few minutes, the initially confident student who started out with such bravado suddenly realized something uncomfortable: The more he tried to define courage, the less certain he became that he understood it at all.

Socrates smiled. He had not humiliated the young man. Nor had he delivered a lecture explaining the answer. Instead, he had done something far more powerful: He had made the student think. For Socrates, teaching was never about pouring knowledge into passive listeners. It was about awakening curiosity, provoking reflection, and guiding his students to discover the truth for themselves.

Incredibly, Socrates left behind no books at all. His ideas survive entirely through the students he inspired — most famously, Plato, whose own student, Aristotle, would go on to tutor Alexander the Great.

This concept was not unique to Socrates; a similar pattern appears in the history of medicine. Hippocrates is remembered as the father of medical practice; his name is associated with the Hippocratic Oath, the ethical pledge physicians have taken for centuries.

But Hippocrates’ greatest achievement was not a single medical breakthrough, but the creation of a teaching tradition. His true legacy was a lineage of physicians who refined and expanded his ideas.

Hippocrates understood that medical advances would not come from one brilliant doctor, but from generations of practitioners who shared their knowledge with those who followed.

Centuries after Hippocrates, the same philosophy reappeared in the career of one of the founders of modern medical education, the great Canadian physician William Osler. In the 19th century, much medical training still took place in lecture halls, where students memorized facts from textbooks.

Osler believed that this approach fundamentally misunderstood how doctors are made. “Medicine is learned by the bedside and not in the classroom,” he insisted. At Johns Hopkins he transformed medical education by bringing students directly into hospitals to observe patients, diagnose illnesses, and learn from real cases. His influence spread through the countless physicians he trained, many of whom went on to become leaders in medicine themselves.

This tradition of multiplying knowledge, rather than hoarding it, also lies quietly at the heart of Parshat Vayakhel. After the trauma of the Golden Calf, the Jewish people are given the opportunity to rebuild their spiritual life through the construction of the Mishkan. It is an enormous national project — architecturally complex, artistically demanding, and seemingly beyond the scope of a recently liberated nation of former slaves.

One might therefore assume that Moses, the towering leader who brought them out of Egypt and delivered the Torah at Sinai, would oversee every detail of the project. But that is not what happens. Instead, Moses steps back and appoints a master craftsman, Betzalel, to lead the work.

Alongside him is Oholiav, and together they assemble a team of skilled artisans described by the Torah as people whose hearts were filled with wisdom and whose spirits were inspired to contribute. Curiously, Moses does not micromanage the process. Instead, he empowers others to build.

It is a remarkable moment. The leader of the Jewish people — the man through whom God speaks — understands that the Mishkan will never become a national spiritual center if it is simply the project of one man. It must become the creation of an entire people.

And so, Moses does something that many leaders struggle to do: He lets others lead. Because the ultimate leaders understand that their true legacy is not what they build with their own hands, but what they inspire others to build with theirs.

Moses’ greatest achievement here may not have been the Mishkan itself, but rather the establishment of a model of leadership that nurtures a new generation of leaders and builders. This same model would guide Jewish history at one of its most fragile moments.

When the Romans stood on the brink of destroying Jerusalem and the Second Temple in the year 70 CE, it seemed as if the spiritual center of Jewish life might disappear forever. The Temple had stood at the heart of Jewish religious life for centuries. Without it, the future looked bleak.

At that moment of crisis, the leader of Jerusalem’s beleaguered community, Rabbi Yochanan ben Zakkai, understood something essential. The survival of Judaism would not depend on rebuilding stones and walls once they were gone. It would depend on building the next generation of Jewish leaders.

With this in mind, he had himself smuggled out of the besieged city and asked the Roman general Vespasian to allow him to establish a new center of learning in Yavneh. Vespasian agreed, and after the destruction, Rabbi Yochanan ben Zakkai began teaching a remarkable group of students.

The Mishnah in Pirkei Avot records their names and their individual strengths with unusual care: Rabbi Eliezer ben Hyrcanus, Rabbi Yehoshua ben Chananiah, Rabbi Yose HaKohen, Rabbi Shimon ben Netanel, and Rabbi Elazar ben Arach. Each possessed a different temperament and intellectual strength, and each would go on to shape the next generation of Jewish scholarship.

Like Moses, Rabbi Yochanan ben Zakkai had his eye on the future. He set about creating the scholars who would carry Judaism forward after the Temple was gone — and after he himself was gone. From Socrates in Athens, to Hippocrates in the early days of medicine, to William Osler in the hospitals of modern universities, the pattern repeats itself across history: The greatest mentors do not simply teach. They create teachers.

And perhaps that is the deepest lesson of Moses’ leadership in Parshat Vayakhel. His example — like that of Socrates, Hippocrates, and Osler — shows that the measure of great leaders is not in what they build alone, but how they empower and inspire future generations to build and lead.

Moshe did not merely build a sanctuary in the wilderness. He created a model of leadership that empowered others to build alongside him. Which is why, for posterity, he is not known as King Moses or Priest Moses — but Moshe Rabbeinu, Moses our teacher.

Because the greatest leaders do not leave behind monuments. They leave behind people who know how to build them.

The author is a rabbi in Beverly Hills, California.

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Apartheid Week Exposed: Combating a Vicious Anti-Israel Lie on Campus

An “Apartheid Wall” erected by Harvard University’s Palestine Solidarity Committee. Photo: X/Twitter

On a sundrenched corner of coastline, a light breeze dances across the blue waves. But what seems pleasant at the surface, ideal even, is hardly the full story. To the side, a metal sign reads: “Under Section 37 of the Durban Beach by-laws, this bathing area is reserved for the sole use of members of the white race group.” The city is Durban, the third-most populous city in South Africa, and this scene was commonplace under its erstwhile apartheid regime. “Apartheid,” Afrikaans for “separateness,” was a brutal system of legally enforced racial segregation that dominated Africa’s southernmost nation until being finally abolished in 1994.​

But what does this faraway land have in common with Israel? According to the anti-Zionist movement, a heck of a lot. To compare this former regime to the anti-Zionists’ warped version of the Jewish State, they even hold an annual ritual of “Israel Apartheid Week” (IAW) in protest of the latter’s continued existence. This canard is being legitimized at the very top, with California Governor and presidential hopeful Gavin Newsom recently going so far as to assert that many observers are “appropriately” describing Israel as an “apartheid state.” What was once a fringe preserve of college radicals is now being increasingly indulged by the mainstream.

In reality, aside from those sunny beach fronts, Israel has precisely nothing in common with the racist regime that stained South African society for far too long. Under Israeli law, racial discrimination is illegal, and previous surveys suggest that 80 percent of Arab citizens prefer living there than anywhere else. Arab-focused political parties are elected to Israel’s parliament, the Knesset, and people of all backgrounds hold prominent roles across all sectors. Israeli Christians, the majority of whom are Arab, are an upwardly mobile minority over-represented across law and computer science subjects.

Such facts would not have been simply unlikely in apartheid South Africa, but completely out of the question. Non-white South Africans could not even legally sip coffee in the same cafe as their Caucasian compatriots, never mind hope to seek employment or excellence in the same fields or pursue friendship or relationships.

When confronted, Israel’s detractors dismiss these facts, which disprove their apartheid slur, as “strawman” arguments, and move to claim instead that military courts, checkpoints, building restrictions, administrative detention, or alleged “Jewish-only roads” are evidence of “apartheid.”

The allegations are false — Israelis of all religions share the same roads — or at best specious. Where residents under the Palestinian Authority are prevented from roads used by Israeli Jews and Arabs, it relates to jurisdiction and security responsibility, not race or religion. During the Second Intifada, roads were repeatedly used for ambushes, drive-by shootings, and roadside bomb attacks targeting Israeli civilians: Jewish, Arab, Muslim, Christian, Druze, or otherwise. Security restrictions were introduced to separate civilian traffic from known attack corridors, which significantly reduced the frequency of attacks. Checkpoints and military courts, too, arise from an unresolved territorial conflict and ongoing security concerns, not a policy of racialized segregation.

This organized intellectual assault on Israel’s existence is nothing new. “Apartheid Week” was launched in 2005 and has been an outlet for misinformation and lies ever since. While the Boycott, Divestment, and Sanctions (BDS) movement that aids it brands itself as “grassroots,” it enjoys swathes of establishment backing. NGO Monitor has exposed how various governments, the European Union, and anti-Zionist groups like the New Israel Fund routinely help pay for and publicize groups responsible for such campaigns on campus and beyond. It is therefore up to the rest of us to put up a veritable opposition to their tempting babble.

Naturally, there will always be a core of hardline activists unwilling to interrogate their own prejudices, but plenty of ordinary students have simply never heard another side to the story. Many young people also feel intense social pressure to accept flawed anti-Zionist talking points. Giving such students the space to hear a new perspective can help them interrogate and form their views in a more constructive environment. This is what the Committee for Accuracy in Middle East Reporting and Analysis (CAMERA)’s sixth annual “Apartheid Week Exposed” campaign, and our work all year-round, seeks to encourage at this critical juncture.

This week, our campus program will partner with “Israel-is” to host a campus speaking and tabling tour across Florida and California. The program will feature two speakers with firsthand perspectives on the Middle East. In Florida we will host Neriya Kfir, an Israeli Oct. 7 survivor and former IDF soldier, and Padideh Daneshzad-Moghaddam, an Iranian speaker who grew up under the Islamic Republic and will share insights into her life in her home country and the aspirations many Iranians have for freedom. Then in the Golden State, Staff Sergeant Dean Cohen and Farriba, an activist born in Mashhad, northeast Iran, will take the reins.

We have already, and will continue, to hold similar educational events with students across the US and around the world. We are also providing students with helpful myth-busters on Israel and the Middle East, offering them the factual grounding to help them navigate what may feel like a lonely university experience.

We seek to elevate voices that you are not likely to hear on campus. IAW and its allies routinely celebrate the tyrannical theocrats responsible for massacring peaceful protestors, abusing women, and organizing terror around the world, atrocities they both bizarrely celebrate and continue to deny. IAW activists seemingly place little value on any human life deemed to get in the way of their anti-Israel aims. This year, and in previous ones, various campus groups are using IAW to rally for the release of Marwan Barghouti from Israeli prison. In 2004, he was convicted on five counts of murder for the deaths of four Israelis and a Greek Orthodox monk.​​

Students in America and beyond — Jewish, Muslim, Christian, or otherwise — deserve a better future. One in which constructive dialogue replaces name-calling and intimidation. Administrators, for their part, should also make clear that the university does not endorse the claims made during these partisan campaigns and should enforce standards of conduct when activism crosses into harassment or violence. It is certainly a big ask, but we can only hope for such a change if we help to build it.

Georgia L. Gilholy is a member of the Communications Team at the Committee for Accuracy in Middle East Reporting and Analysis (CAMERA).
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