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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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With anti-Arab campaign ad, Netanyahu stoops to new moral and political lows

Israeli election campaigns have often been ugly. They have featured exaggeration, fearmongering and outright deception. But even by those standards, the first major campaign advertisement by Prime Minister Benjamin Netanyahu’s Likud party, posted on Netanyahu’s X account on Tuesday, managed to shock much of the country.

The AI-generated video depicts former military chief Gadi Eisenkot, who has become the standard-bearer for the opposition, walking through a sunlit field toward a young Jewish man before passing him by to embrace Mansour Abbas of Ra’am, the United Arab List, instead.

The young man looks strikingly like Eisenkot’s son, Gal, who was killed fighting in Gaza in late 2023 — although Likud insists he isn’t meant to. Strictly speaking, there is enough difference to sustain the protestations. The young man has longer, wavier hair than Gal Eisenkot did — just enough, perhaps, to preserve plausible deniability. Yet almost everyone I know believed they were watching a father joyfully approaching his slain son, seemingly restored to life, only to ignore him in favor of an Arab political leader at a time when Arab political participation in Israel is particularly contentious.

The only possible explanation: Likud wants their campaign to be as mean as possible. Or perhaps that they believe that anything that creates a buzz — and therefore distracts from the governing coalition’s disastrous and controversial policies, including a wildly unpopular recent legislative blitz — is a good thing.

And buzz there is. The perception that a father’s personal loss had been weaponized for electoral gain struck many as a line that simply should not be crossed. “This is Netanyahu, and this is his machine of incitement”, wrote Einav Zangauker, whose son was held hostage in Gaza by Hamas, on social media. “This isn’t politics,” Zangauker added, but rather “an attack on a bereaved father and an assault on his dignity. It is the lowest of the low.”

“I turn to elected representatives, activists, and all candidates from all parties, and demand that you do not cross red lines. Do not turn rivals into enemies,” Israeli President Isaac Herzog said. “I call on the people of Israel, in a clear voice: Remember that elections are not a civil war.”

But even if one puts aside the controversy surrounding the young man altogether, the advertisement remains deeply troubling. It is, at its core, an exercise in incitement against Ra’am — and, by extension, against the very idea that Arab citizens may legitimately participate in governing Israel.

Abbas himself accused Netanyahu of “trying to incite between different parts of society”; about a fifth of Israelis are Arab, and the ad was obviously trying to delegitimize collaboration with the parties who generally represent them.

From Likud’s perspective, that too is logical — so long as they ignore the goal of Israel remaining a democratic country in which component ethnic groups live in harmony. It’s logical because Arab parties have always been part of the opposition to Likud and the chances are high that Eisenkot might need them, even passively, to successfully craft a coalition after the Oct. 27 election.

This isn’t just dangerous. It ignores the essential role that Arab parties have played in building toward a strong Israeli future.

Ra’am, under Abbas, has been the most integrationist Arab party Israel has ever seen. Abbas broke with decades of Arab political orthodoxy by arguing that Arab citizens should seek influence through practical cooperation with whichever Zionist government Israelis elected. He has repeatedly recognized Israel as the nation-state of the Jewish people while demanding full equality for its Arab citizens.

Whatever one thinks of his politics, these choices have represented one of the boldest experiments in Jewish-Arab partnership since the state’s founding.

That experiment briefly succeeded. Ra’am joined Naftali Bennett and Yair Lapid’s coalition in 2021 and demonstrated that Arab participation in government could become something ordinary rather than revolutionary.

More awkward still for Likud, Netanyahu himself spent some weeks after the 2021 election attempting to persuade Abbas to support — or even participate in — his own coalition. Those negotiations failed for one principal reason: Far-right firebrand Bezalel Smotrich — now Netanyahu’s finance minister — refused to countenance a government dependent on an Arab party. Without Ra’am, Netanyahu lacked a majority.

It is therefore surreal to portray Eisenkot’s willingness to work with Ra’am as somehow beyond the democratic pale, when not so long ago, Netanyahu himself tried to do precisely the same thing.

Nor should anyone pretend that Arab parties suddenly became relevant because of Eisenkot. Since the emergence of today’s political blocs, Arab parties have almost invariably belonged to the anti-Likud camp. Any center-left coalition aspiring to govern has depended, directly or indirectly, on their parliamentary support. That is not a distortion of Israeli democracy. It is one of its enduring structural realities.

Which brings us to the larger significance of this episode.

Many Israelis have long predicted that this Likud campaign would barely concern policy at all. They expected, instead, an effort to delegitimize any prospective change government by portraying it as illegitimate because it relied on Arab parties. They expected renewed attempts to cast Arab political participation as inherently suspect. They expected emotional manipulation to substitute for argument and personal attacks to eclipse serious debate. Some feared renewed efforts to discourage Arab turnout and disqualify Arab parties from the ballot.

That appears to be exactly what they’re getting.

The remarkable thing is not merely that Likud produced this advertisement, but that doing so was effectively its first act of the campaign, which kicked off after the Knesset recently went into recess.

Before voters had heard competing visions for Israel’s economy, security or diplomacy, the country’s governing party chose to launch its campaign by inflaming fears about Arab political participation while employing imagery that countless Israelis immediately interpreted as mocking one father’s unbearable personal loss.

By the next day, competing ads using a similar aesthetic were put out by opponents of Netanyahu. One depicted Netanyahu on a similar field running past a soldier to hug a Haredi politician holding a sign that says — as many Haredi anti-draft protesters chant — “we’d rather die than serve.”

One reason AI is so attractive to political strategists is because it blurs responsibility. Images can be carefully engineered to evoke a conclusion while remaining just different enough to deny that such a conclusion was ever the intention. The technology offers something every spin doctor craves: emotional impact coupled with plausible deniability.

“I do not think we can allow this to continue,” lamented David Lau, a former chief rabbi of Israel, who has served in the military. “We must stop all these disputes, all this talk, and all these behaviors. This path does not lead to building anything. It does not lead to peace. It is a bad path, and I am even more concerned about the next generation.”

It is entirely possible that this advertisement will prove to have established the moral tone of the campaign. Israel deserves better.

The post With anti-Arab campaign ad, Netanyahu stoops to new moral and political lows appeared first on The Forward.

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Reed College agrees to sweeping reforms as part of Title VI antisemitism settlement

(JTA) — Reed College has agreed to a host of far-reaching institutional changes, including asserting that targeting Jewish Zionists will be considered discriminatory, in order to settle multiple federal antisemitism investigations, parties to the complaint announced Wednesday.

The settlement was announced by the Anti-Defamation League and the Brandeis Center for Human Rights Under Law, which jointly filed the complaint, under Title VI of the Civil Rights Act, which prohibits discrimination at any institution receiving federal funds. It comes as campuses across the country, facing threats of losing federal funding under the Trump administration, have demonstrated willingness to negotiate new antisemitism protections.

As part of the agreement, the private Portland, Oregon, liberal arts school says it will insert language into its discrimination policy asserting that “for many Jewish people, Zionism is integral to their religious, ancestral and/or ethnic Jewish identity,” and that “targeting Jews on the basis of their Zionist identity” will be considered discriminatory.

The school will also contract a third-party consultant to monitor and report on its effectiveness in adhering to antisemitism protections, role that is unusual in similar Title VI agreements. The agreement says Reed will “consider” the International Holocaust Remembrance Association’s working definition of antisemitism, which includes some criticisms of Israel, and implement antisemitism training for faculty and staff.

“We take concerns about antisemitism, and all forms of unlawful discrimination, seriously, and we will continue to support the well-being, safety, and success of every member of our community,” a Reed College spokesperson told the Jewish Telegraphic Agency in a statement acknowledging the agreement. Reed declined to comment further.

ADL CEO Jonathan Greenblatt and Brandeis Center officials praised the agreement in a release as a potential model for other colleges.

“We believe it should serve as a model for other schools,” Denise Katz-Prober, director of legal initiatives at the Brandeis Center, told JTA about the agreement. The required language in Reed’s discrimination guidelines, she said, is “very clear about what constitutes anti-Zionist conduct in violation of civil rights and in violation of the policy.”

“This outcome demonstrates how the Title VI process can work to effectively protect Jewish students,” Greenblatt said in his own statement.

Around 100 students at Reed College are Jewish, or about 7% of the total student body, according to estimates from Hillel International. A request for comment to the director of PDX Hillel, which serves Jewish students at Reed and others in the region, was not immediately returned.

The resolution stems from two anonymous Title VI antisemitism complaints from Jewish former Reed students, both filed in 2024 under the Biden administration. One of those cases related to a student whose dorm-room mezuzah was vandalized, and who herself was later pelted with rocks, during a pro-Palestinian demonstration in spring 2024. The student later left the school out of concern for her safety.

Both of the described acts would have already been considered violations of school policy for reasons unrelated to the student’s Jewish or Zionist identity. Brandeis’s Katz-Prober argued both should have also been considered in the context of her targeting by anti-Zionist activists.

“It might be difficult for someone to, at first glance, understand whether it was simply an assault or an assault motivated by bias,” she said. The case, she said, demonstrated how in some cases, “‘Zionist’ is merely a codeword for Jew.”

Katz-Prober also touted the agreement’s mandate that the school bring on a third-party compliance consultant, separate from its Title VI coordinator. While she insisted that such a role would be “independent” and free of bias, she noted that both the ADL and the Brandeis Center would have a role in their selection.

“Both sides get a say,” she said.

 

The post Reed College agrees to sweeping reforms as part of Title VI antisemitism settlement appeared first on The Forward.

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Arizona Rep. Andy Biggs cruises to GOP nomination for governor amid allegations of antisemitism

(JTA) — Arizona Rep. Andy Biggs, who has drawn criticism for ties to white nationalist figures, will officially be the Republican nominee for Arizona governor, after winning the primary on Tuesday night.

Biggs, who is backed by President Donald Trump, has drawn criticism for encouraging Stew Peters, an internet personality, and appearing on his show. Peters has labeled Judaism a “death cult” and has called for a “final solution” that involves the deportation of American Jews, and multiple watchdogs identify him as promoting antisemitism.

“Keep preaching,” Biggs told Peters at the end of his June 2023 appearance on the show, during which they discussed government corruption and Biggs agreed with Peters that the FBI should be abolished.

Biggs, 67, who won handily with 73.4% of votes according to multiple media outlets, will challenge Democratic Gov. Katie Hobbs in what is expected to be a competitive race in November. Biggs has represented Arizona’s 5th Congressional District, which is outside of Phoenix, since 2017.

 

 

His opponent in the GOP primary, Rep. David Schweikert, had put out a campaign mailer in March tying Biggs to white supremacy and antisemitism. The mailer featured mentions of Biggs’ interview with Peters as well as Biggs’ endorsement of Texas GOP candidate Brandon Herrera, who owned a copy of “Mein Kampf.”

Biggs’ campaign did not respond to the Jewish Telegraphic Agency’s request for comment, but in a local TV interview last month he called the accusations politically motivated and said, “This notion that I am antisemitic is absolutely one of the most ludicrous, insane arguments ever.”

In 2024, Biggs opposed the bipartisan Antisemitism Awareness Act, which passed in the House of Representatives. Biggs wrote that he opposes antisemitism and that the “pro-Hamas, pro-genocide, anti-Israel events happening across the nation are sickening.” He rejected the legislation, he said, because it was “so poorly drafted that it violates the Constitution and could have serious ramifications for the Christian community.” Right wing Republicans objected especially to the bill citing a definition of antisemitism that included as an example the claim that the Jews killed Jesus.

That same year, Biggs attended a rally co-sponsored by the Proud Boys, an extremist militia style group. In 2019, he spoke at a “Patriotism over Socialism” rally in Arizona, which watchdogs warned would draw extremist groups.

Media Matters, a group that mostly monitors right-wing groups, in 2023 wrote that “the links between Biggs and far-right extremists have been well-documented,” citing among other things his ties to another far-right group, the Oath Keepers.

The Republican Jewish Coalition did not respond to a question over whether it would support Biggs’ run for governor.

At a campaign event on Tuesday, Hobbs skewered Biggs for his denial of Trump’s 2020 election loss, and for not acknowledging Hobbs’ narrow 2022 gubernatorial victory over Republican Kari Lake.

This article originally appeared on JTA.org.

The post Arizona Rep. Andy Biggs cruises to GOP nomination for governor amid allegations of antisemitism appeared first on The Forward.

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