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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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Staunch Israel supporter Coons expected to win Delaware Democratic Senate primary handily

(JTA) — Delaware incumbent Sen. Chris Coons, a longtime supporter of Israel, is expected to easily win Delaware’s U.S. Senate primary on Tuesday, despite criticism from party progressives.

Coons, a mainstay of the Senate Foreign Relations Committee, has repeatedly backed measures to bolster Israel’s capacity for self-defense. He also joined a bipartisan delegation to visit Israel immediately after the October 7, 2023, Hamas attacks.

But the senator has faced pushback in recent months for his refusal to back measures that would cut military aid to Israel.

This past spring, he was one of just seven Democrats to join Republicans in voting against a resolution authored by independent Vermont Sen. Bernie Sanders, which sought to stop the sale of military bulldozers to Israel. Coons was among just 11 Democrats who opposed a second Sanders resolution that proposed similar sales bans on massive bombs and other defense equipment.

Coons has served nearly three terms in the Senate. He won a special election in 2010, about a year after Joe Biden resigned to become U.S. vice president, and then went on to secure two full terms in 2014 and 2020.

In Tuesday’s primary, he will face off against artificial intelligence systems builder and historian Jeff Appelhans, naval architect and marine engineer Mary Louve and a former business executive who changed his legal name from Eric Hansen to E. No-Trump Hansen.

While Coons has earned endorsements from establishment Democrats, such as Delaware Sen. Lisa Blunt Rochester and Gov. Matt Meyer, he has drawn criticism from party progressives for both his support of Israel and the financial backing he gets from the American Israel Public Affairs Committee, the pro-Israel lobbying group.

Of Coons’s opponents, the most vocal critic on Israel-related policy has been Appelhans, whose campaign priorities included ending U.S. support for Israel’s war in Gaza. Appelhans slammed Coons for voting against the Sanders bills, writing on his campaign site that “the liberal consensus moved to block the sales.”

Appelhans condemned Coons’s voting record on “moving armaments to Israel,” noting in a recent interview that “there’s never been a vote that he’s stopped” on this issue. He was speaking with Delaware Public Media last week as part of a series of candidate interviews.

Regarding the conflict in Iran, Appelhans slammed “Congress’ unwillingness” to challenge the president, noting that “there was very much a sense that Israel would be a staunch ally and they could sort of get this done really easily.”

In the same radio series, another candidate, Louve, expressed uncertainty as to “why we’re still backing Israel,” while acknowledging the country’s history as a U.S. ally.

“Is it worth us continuing to step up for a bully?” she asked. “It’s aggression that is unnecessary that’s continuing to escalate because we’re helping it.”

Hansen did not participate in these conversations, Delaware Public Media stated.

This summer Coons pledged to stop taking donations from the data company Palantir, which has come under scrutiny for its work with the Israel’s Defense Ministry, the U.S. military and U.S. Immigration and Customs Enforcement, according to the nonprofit news site Spotlight Delaware.

Despite his more centrist reputation, Coons has had significant criticism for the Trump administration’s strategies in Iran. In his own Delaware Public Media interview, Coons accused the president of selling the conflict “as a cheap, quick war.”

While little polling data was available ahead of Tuesday’s race, the Polymarket predictions site gave Coons a 99.7% chance of winning as of Monday evening. In his last primary in 2020, Coons defeated a progressive opponent, Jessica Scarane, with nearly 73% of voter support.

Regardless of Tuesday’s outcome, the victor is expected to easily defeat the Republican challenger in the November general election, with the Cook Political Report deeming Delaware “solid” Democratic territory.

This article originally appeared on JTA.org.

The post Staunch Israel supporter Coons expected to win Delaware Democratic Senate primary handily appeared first on The Forward.

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Noah Wyle wins an Emmy for playing one of TV’s most Jewish doctors

(JTA) — Noah Wyle on Monday night won his second consecutive Emmy for playing Dr. Michael “Robby” Robinavitch on “The Pitt.” The win also marked a second victory for one of television’s more fully realized Jewish characters.

The actor won Outstanding Lead Actor in a Drama Series for the HBO Max medical drama, which also won Outstanding Drama Series for the second year in a row. In his acceptance speech, Wyle recalled growing up in Los Angeles and said, “This is all I’ve ever wanted to do, and this is the only club I’ve ever wanted to join.”

For Jewish viewers, the significance of Wyle’s victory goes beyond the actor’s own Jewish ancestry. In the first season, Robby was seen reciting the Shema at one of his lowest moments, turning what might have been a throwaway piece of character background into an intimate expression of fear and faith.

In the second season, Wyle, who is also a writer and executive producer on the show, pushed that dimension further. An episode he wrote dealt with the trauma of the 2018 Tree of Life synagogue shooting in Pittsburgh, while also exploring Robby’s complicated relationship with his Jewish faith.

Wyle has described Robby’s faith as something he is still “grappling” with — including the question of whether he has faith at all. The Shema scene, he said, functioned almost like a child’s primal plea for help.

Wyle was not the only Jewish winner of the night. Saul Metzstein, the Scottish Jewish director whose father was the prominent modernist architect Isi Metzstein, won Outstanding Directing for a Drama Series for “Slow Horses.” Metzstein had been competing against Wyle, who was nominated for directing an episode of “The Pitt.”

Those two wins were among the relatively few Jewish victories at this year’s ceremony. Jewish actors including Jason Segel, Lisa Kudrow, Harrison Ford and Hannah Einbinder were among the nominees but did not win in their categories.

“Nobody Wants This,” the Netflix show about a rabbi’s romance with a non-Jewish podcaster, was nominated for Outstanding Comedy Series but lost to “Widow’s Bay.”

An Emmy was also awarded to a Jewish actor and director whose death in 2025 stunned the industry and a legion of fans. Rob Reiner, who was killed in December with his wife, Michele, won a posthumous Emmy for his guest role as a kind dispenser of business advice on “The Bear.” Reiner’s award was presented at the Creative Arts Emmys earlier this month, rather than Monday’s televised ceremony.

Reiner, before going on to direct Hollywood classics like “This Is Spinal Tap,” “The Princess Bride” and “When Harry Met Sally” won his first two Emmy awards in 1974 and 1978 for playing Mike Stivic, the liberal son-in-law of Archie Bunker on “All in the Family.”

This article originally appeared on JTA.org.

The post Noah Wyle wins an Emmy for playing one of TV’s most Jewish doctors appeared first on The Forward.

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NAZA exposes Israel’s crisis of credibility over Gaza

More than two decades ago, when I was the The Associated Press bureau chief for Israel, the West Bank and Gaza, the Israeli military called off an attack on a senior Hamas leader after learning at the last moment that family members and children were inside the targeted building.

What stayed with me was what happened next. The military sent a senior officer to my office to explain the decision.

This was during the Second Intifada, the murderous explosion of terrorism launched by armed Palestinians after Israel had offered the Palestinian Authority an independent state in over 90 percent of the territory it sought. Hamas leaders sent suicide bombers into Israel on a daily basis to blow up buses, restaurants, malls, cafes. I checked for explosives whenever I got into my car, perhaps with my little daughters, Maya and Noa.

Yet Israeli officials understood that demonstrating concern for civilian life was part of maintaining the country’s credibility. Maybe they also thought that concern for innocent life, even on the enemy side, was the Jewish thing to do. I want to believe this, as both a Jew and as a manager who had colleagues in Gaza, some of whom were hurt over the years.

That memory returned to me amid the uproar surrounding NAZA, the new documentary by Israeli filmmakers Yuval Abraham and Rachel Szor, who shared in the 2024 Oscar for No Other Land, a critique of Israel’s practices in the West Bank.

The new film, which premiered at the Venice Film Festival and won the Special Jury Prize, is titled after the Hebrew acronym for “collateral damage” (and is also a play on “Gaza”). It examines Israel’s targeting practices in Gaza through testimony from 24 Israeli soldiers and intelligence personnel who allege the IDF used artificial intelligence.

Some of those soldiers, the filmmakers say, operated or helped design the AI systems at the center of the film. Their identities are concealed in various ways, yet their testimony portrays a disturbing picture about how technology, intelligence and estimates of civilian casualties intersected in decisions to strike.

The reaction in Israel has been ferocious. Culture Minister Miki Zohar – from the governing Likud Party led by Benjamin Netanyahu – has called the filmmakers traitors and raised the prospect of revoking their citizenship.

Former football star and prominent television personality Eyal Berkovic has similarly argued that loss of citizenship should be the best-case scenario for Israelis who harm their country. As the film moves beyond Venice, efforts to prevent its screening in Israel seem likely.

That reaction creates a sad irony. One of the strongest criticisms of NAZA is that its highly combustible testimony comes from anonymous sources – and that is a valid criticism indeed. Yet threats directed at the filmmakers offer a fairly vivid illustration of why soldiers and intelligence officers making explosive allegations about their own military might fear speaking publicly. The filmmakers say anonymity was necessary to protect people who could face serious consequences for revealing classified information. I can credibly assess they’d end up in jail.

Nonetheless, the anonymity remains a serious weakness. Claims that are this grave demand intense scrutiny, and viewers have limited means of establishing whether the witnesses held the positions they claim, possessed the knowledge they describe or represent the targeting system accurately. The IDF has challenged precisely this aspect of the film and rejected its portrayal of Israeli targeting practices.

That said, and not for the first time, the military is more reasonable than the government and the IDF’s spokesman invited the filmmakers to screen it for the military. A detailed military response to the evidence presented in NAZA would provide an essential counterweight.

The central dispute also reaches beyond whether Israel used artificial intelligence. The IDF says decisions to select and approve strikes are made by human personnel. The more consequential question is what information those people received and what weight they gave to civilian lives when making those decisions. If a system identified a Hamas operative inside a residential building, what level of civilian harm was considered acceptable in order to kill him? To what degree was AI part of the decision-making process?

Amid a global uproar over fears of AI, and in particular systems operating independently in ways that harm humans, this film catapults such questions to a very high place in the global discourse.

The AI questions lead to others. Did the permissible number of civilian casualties change according to the importance of the target? How confident did intelligence officers have to be that the intended person was actually present? What happened when information indicated that children or other family members were inside? How frequently did commanders cancel strikes because the expected civilian toll had become too high?

In ‘Naza,’ interviews are conducted on Tel Aviv rooftops at night. The interviewees’ appearances and voices are digitally disguised. Courtesy of The Guardian

NAZA offers disturbing answers, and its central concern is ultimately a human one: what values and tolerances were built into the targeting process, and how were they applied by the people responsible for approving strikes?

Israel, this time around, has provided only a limited public account of those calculations during the war. Officials have emphasized the extraordinary difficulties of fighting Hamas in densely populated Gaza, the organization’s use of civilian areas for military purposes and Israeli estimates of a civilian-to-combatant casualty ratio that they say compares favorably with other episodes of urban warfare, including Mosul. The precise civilian death toll in Gaza also remains contested, particularly the division between civilians and combatants.

There is no doubt in my mind – none whatsoever – that Hamas is the embodiment of evil. It is obvious to anyone paying attention that the jihadist group engineered the entire war to maximize casualties on its own side in order to make Israel an international pariah. But it is also rather obvious by Israel’s conduct in the war and the tens of thousands of civilians who have died, that Israel to walked into the trap laid by Hamas.

Aggregate ratios tell only part of the story. They reveal little about why a particular building was struck, how many civilians were expected to be inside, what military advantage commanders anticipated or how that anticipated advantage was weighed against the likely human cost. Repeated incidents involving substantial civilian casualties have often been followed by broad explanations rather than detailed accounts of the decision-making that produced them. Foreign journalists, of course, have not been freely allowed in.

That is where my memory from more than 20 years ago feels especially relevant. The military that sent an officer to my office understood the value of a transparent process. It understood that credibility depended partly on demonstrating, in specific cases, that civilian lives carried meaningful weight in operational decisions. During the Gaza war, amid extraordinary civilian loss of life, that instinct has been far less visible, to say the least.

Why did Israel act this way? Part of it has to do with the unspeakable trauma of the Oct. 7 Hamas invasion and massacre, which left Israelis in no mood for explanations, and placed its government in a defensive posture. Part of it is the nature of that government – an ultranationalist assemblage of highly illiberal and astoundingly cynical politicians. And part of it is the global demonization targeting Israel – so thorough and unfair that it  almost explains the surrender of any serious effort at PR.

None of this was smart. The resulting information vacuum has given NAZA much of its power. A documentary built substantially around anonymous testimony carries an obvious credibility burden, particularly when its allegations concern classified practices that outsiders have little ability to examine independently. Yet Israel’s sparse public accounting of its targeting decisions has left relatively little detailed evidence against which those accounts can be measured. The filmmakers have supplied one version of what happened inside the targeting system; a detailed Israeli account could provide another.

Demonizing a couple of filmmakers based on the idea that they meant to do Israel harm will not convince intelligent people and will deepen Israel’s isolation. Israel needs to explain to its own people how it failed so utterly to protect the massacre of Jews. It needs to explain to the world what went on in Gaza. In fact, it needs to explain that to its own people as well.

All of that will await another government. This will not come from Netanyahu.

The post NAZA exposes Israel’s crisis of credibility over Gaza appeared first on The Forward.

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