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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. 

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

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Israelis head to the polls in country’s most consequential election in decades

(JTA) — JERUSALEM – More than 7 million Israelis are eligible to vote Tuesday in an election that many are calling the most consequential in the country’s 78-year history.

It’s the first parliamentary election since Hamas’s Oct. 7, 2023, mass attack and comes amid security concerns that Prime Minister Benjamin Netanyahu on Sunday framed as a fight for “Israel’s existence.”

Yet, political analysts who spoke to the Jewish Telegraphic Agency in recent days said the vote for the 26th Knesset, Israel’s parliament, was more about domestic issues, namely the future character of the country as a democratic and liberal state.

“It’s a referendum about Israeli democracy,” said Udi Sommer, a professor of political science who heads the Barak Leadership Center at Tel Aviv University. “It’s also about Netanyahu’s performance and accountability for the people who were in charge on Oct. 7.”

The question of whether Netanyahu and his coalition of far-right and ultra-Orthodox parties, which were in office when the Hamas attacks occurred, should remain in power or whether it is time for a change appears to be at the heart of the election.

Facing off against Netanyahu’s bloc is an ideologically diverse group of opposition parties led by former army chief Gadi Eisenkot.

“This election is consequential for both sides,” Tani Frank, director of the Shalom Hartman Institute’s Center for Judaism and State Policy, told JTA.

“For Netanyahu, it could be his last major opportunity — not necessarily because he has set a retirement date, but because he may see the remainder of the Trump administration as a final window to secure what he views as long-term strategic gains for Israel, particularly completing the mission in Iran and expanding and consolidating the Abraham Accords,” Frank said.

“For the opposition, the election is framed as an urgent effort to protect Israel’s democracy and international standing, restore effective governance, address the rapidly growing Haredi community, and ensure its fuller integration into Israeli society,” he added.

According to data shared Sunday by the Central Elections Committee, roughly 7.3 million Israelis are eligible to vote in the election. Additionally, there are estimates that tens of thousands of Israeli nationals living abroad have returned to cast their ballots – literally a slip of paper placed inside a blue envelope. Voting is conducted in person, generally at the polling station assigned to the voter’s registered address.

Election Day is a national holiday in Israel, with most workplaces and schools closed. Shops and entertainment venues, however, remain open, with some stores offering Election Day sales, lending the day a celebratory feel.

According to the Central Elections Committee, 12,018 polling stations will be set up across the country, with around 18,000 ballot boxes and 450 million ballot papers printed for the election. The papers bear the letters or acronyms identifying the competing party lists.

Thousands of election workers and volunteers will staff the polling stations, while around 20,000 police officers will be deployed nationwide “to ensure that all eligible voters can safely reach the thousands of polling stations across the country and exercise their right to vote,” police said in a statement on Monday.

The election committee also said approximately 15,000 cameras would be used by election-integrity inspectors to help detect irregularities at polling stations. Police said their cyber units would work to prevent the spread of disinformation online.

These measures come as the country prepares for a closer-than-ever and high-stakes election.

According to the final set of public opinion polls, published Friday, neither of the main political blocs is projected to secure the 61 seats needed for a majority in the 120-member Knesset.

Although Israelis do not vote directly for prime minister, Netanyahu and Eisenkot are the leading contenders to form the next government, though a few other prominent leaders could emerge. The outcome will depend on which party leaders can assemble a parliamentary majority.

Most polls published in the final days of the campaign put Netanyahu’s bloc at around 50 seats, while Eisenkot’s Yashar party and its potential partners appear better positioned but still short of a majority of 61 seats. The two Arab-majority political groupings, the Joint List and Ra’am, are projected to win a combined 14 or 15 seats.

Neither Arab grouping is expected to join a government led by Netanyahu. Some political analysts believe one or both could nevertheless support an opposition-led minority government, although the terms of any such arrangement remain uncertain.

Three other parties are also hovering near the electoral threshold: Amcha Yisrael, the Reservists and the Haredi Public Party. Each must win at least 3.25% of the valid votes to enter the Knesset. If one or more crosses that threshold, it could significantly alter the distribution of seats and the prospects for forming a government.

Frank said the most likely scenario was that neither bloc would win a clear majority.

“A key question, then, is who remains in power if Israel heads to another election. Netanyahu’s aim would be to stay on as prime minister during additional rounds, as happened in 2019–2020,” he said. “The change bloc, meanwhile, would need to increase its numbers enough to replace the government without depending on Arab parties — particularly the Joint List — even if only to enable the transition rather than form a stable long-term coalition.”

This article originally appeared on JTA.org.

The post Israelis head to the polls in country’s most consequential election in decades appeared first on The Forward.

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Polls show a deadlock, but betting markets strongly favor Eisenkot to replace Netanyahu

(JTA) — Traders on the Kalshi and Polymarket prediction markets are betting that former Israel Defense Forces chief of staff Gadi Eisenkot will replace incumbent Benjamin Netanyahu as Israel’s next prime minister following Tuesday’s election.

That assessment comes despite polls released last week showing that neither candidate has a clear path to a governing coalition with a 61-seat majority.

Most polls predict what has been dubbed the “change bloc” led by Eisenkot at 52 to 56 seats, while Netanyahu’s coalition is polling at around 50 seats.

Kalshi traders, however, give Eisenkot a 52% chance of becoming Israel’s next prime minister, followed by Netanyahu at 28% and the former prime minister Naftali Bennett at 10%. On Polymarket, Eisenkot’s chances stand at 58% and Netanyahu’s at 27%, with no other candidate above 15%.

Moran Ofir, a professor at the University of Haifa’s Faculty of Law who has researched prediction markets, explained  the discrepancy, telling the Jewish Telegraphic Agency  that there are two fundamental differences between polling and prediction markets.

Polls measure which party voters intend to support, while prediction markets ask a different question: Who will become prime minister?

Secondly, she said that the methodologies are fundamentally different. While polls rely on samples designed to be representative of the electorate, Polymarket reflects only those who choose to put their money on an election outcome.

Also, Polymarket’s percentages represent implied probabilities of winning, rather than shares of voter support.

At first glance, Ofir said, the fact that Polymarket participants have to put money behind their bets should protect the platform against deliberate misrepresentation, to which polls can be vulnerable.

“The promise of these platforms, like Polymarket, Kalshi or PredictIt, is to aggregate the wisdom of the crowd faithfully,” she said.

But that vision is far from the reality on the ground.

In a study conducted by Ofir, Joshua Mitts, a professor of law at Columbia Law School, and Dan Zimmermann, chief intelligence officer at Betting Intelligence (BETINT), the researchers analyzed 1.2 million transactions. They found that 18% of all the money backing Netanyahu on Polymarket was concentrated in a single account, while just seven accounts held 29% of the money bet against him.

“What we see in our research is that the Israeli election market on Polymarket is not a market driven by the wisdom of the crowd, but one dominated by a very small number of relatively large players putting up very large sums of money,” Ofir said.

She described the election betting market as “fragile and highly susceptible to manipulation,” adding that participants may not be acting to maximize profits, but rather to influence public opinion ahead of the election.

“Perhaps Polymarket was, for years, a platform that reflected the wisdom of the crowd. But powerful actors with vested interests identified it, and today, in the world of elections, it has become a platform where large and powerful players step in to shape public perception,” Ofir said.

Another example identified in the study took place last summer. Two accounts placed bets on Ofer Winter, the leader of the Amcha Yisrael party, which was hovering around 3.25%, Israel’s electoral threshold to qualify for seats in the Knesset. The researchers identified two newly created betting accounts that wagered $3,200 on Winter becoming prime minister. The bets briefly pushed him above Avigdor Lieberman, an established Israeli political figure who heads the Yisrael Beytenu party, in the market’s ranking of candidates’ chances of becoming prime minister.

“Two days after the party’s launch: Ofer Winter overtakes Lieberman,” a major Israeli newspaper declared just hours later. Ofir suspects the bets were intended to create a misleading impression that would help persuade Winter’s supporters that his party could clear the electoral threshold.

Ofir said the researchers interpreted betting patterns by the account that placed large wagers on Netanyahu as evidence of possible access to nonpublic information. Other accounts that wagered substantial sums showed similar patterns related to the war with Iran, she said.

Brazil and Serbia held elections over the weekend. On Polymarket, Serbian President Aleksandar Vučić had a 72% chance of winning. In Brazil, incumbent President Luiz Inácio Lula da Silva had just a 17% chance of victory.

Vučić lost. Lula won.

The post Polls show a deadlock, but betting markets strongly favor Eisenkot to replace Netanyahu appeared first on The Forward.

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‘We need to save our country’: Bay Area Israelis fly home to vote in pivotal election

(JTA) — This article was produced by J.–The Jewish News of Northern California in partnership with the Jewish Telegraphic Agency.

ABOARD EL AL FLIGHT 48 — Ayelet Frank was one of the first people to check in on Sunday, Oct. 25, for a nonstop flight from San Francisco to Tel Aviv. A resident of Redwood City, California since she left Israel in 1984, she is flying back for one reason: to vote in the Oct. 27 election.

It’s the first time in her more than 40 years abroad that she is going back to cast a ballot.

“This election is unique. It’s very different than any other,” she told J. “It’s about Israel’s very existence. This election is between the destruction of the country, or building it up in a positive way.”

A native of Kibbutz Ein Harod in the Jezreel Valley, she is spending only two days in Israel before returning to California. It’s a long way to travel just to vote, but, she said, “It’s that important.”

Frank was one of 271 passengers on El Al flight 48, which landed in Israel less than 24 hours before the polls open. It was the first nonstop flight from San Francisco to Israel since the Oct. 7, 2023 Hamas attack. Many on board were part of what one organizing group estimates is a wave of 67,000 Israelis abroad flying home for an election widely seen as a referendum on Prime Minister Benjamin Netanyahu. In a tight race, the Israel Democracy Institute said, that many voters could swing nearly two Knesset seats.

Those travelers are spending thousands of dollars for the chance to cast their ballots in what many are calling the most consequential election in Israel’s history.

The mood in the boarding area at the San Francisco International Airport was buoyant. Lots of people seemed to know one another and were running up to hug friends and chat excitedly. There were families with children and plenty of babies in strollers and carriers. There were a smattering of black kippahs as well as one Hasidic family. There were also Israeli residents returning home from vacation in the Bay Area. But judging from the conversations as well as from people interviewed by J., most passengers were Israeli expats flying back to vote.

Capitola resident Udi Pardo left Israel in 1983, a year before Frank. Most of his family still lives in Israel and he visits twice a year. But for him, this was his first time flying home for an election.

“I never tried to go and vote before because I don’t live there,” he said. “But now it’s a national emergency. I can’t not go.”

“Israel is on the verge of an abyss,” he continued, saying that he has not yet decided between Gadi Eisenkot’s Yashar and Naftali Bennett’s B’Yachad — both center-right parties opposed to Netanyahu’s government. “We need to bring back sanity to Israel and to Israeli politics and reestablish liberal democracy because it’s about to disappear.”

The Oct. 27 election is the first since the Hamas attack and the war that followed. The stakes are so high, pundits say, that Israelis living abroad are flying home to vote in what appear to be unprecedented numbers. Israel does not allow absentee voting, except for diplomats and other state employees posted abroad, so expats who want to cast a ballot must do so in person.

The 67,000 estimate comes from Fly & Vote, a project of the U.S.-based America Israel Democracy Coalition to help expats navigate the logistics of participating in the election. The group cautioned that the figure is based on a voluntary August survey and its own registration data, not a count of arrivals. No comparable data exists for previous elections.

Israel’s Likud-led government has tried to impede Fly & Vote’s efforts with legal action, which was blocked in October by Israel’s Supreme Court. The government reportedly also considered closing or slowing down traffic at Ben Gurion International Airport in the days before the election. Analysts say this is because Netanyahu and his allies believe that many, if not most, of those responding to Fly & Vote’s initiative will vote against the current government.

Indeed, that seemed to be true of most of the expats on this El Al flight from San Francisco. Every person interviewed spoke about the “need for change” in Israel’s government, and those who declared their support for candidates mentioned either Eisenkot or leaders of other anti-Netanyahu parties. The Silicon Valley-based Israeli expat group UnXeptable, which emerged to protest Netanyahu’s judicial overhaul and has become a major anti-Netanyahu voice globally, had a large presence on the flight, with about a dozen key members sporting light blue T-shirts emblazoned with the date of the election and the Hebrew words for “Flight for Change.”

They were handing out shirts to any other passengers who would take them, some of whom put them on right away. Local TV stations showed up for an UnXeptable press conference held at the check-in counter.

Roni Bar-Niv of Sunnyvale is one of several people interviewed who is spending just a few days in Israel, in her case enough time to vote, turn around and fly back to the Hebrew-language school she runs near her Silicon Valley home.

In the 26 years since she left Givatayim, a suburb of Tel Aviv, Bar-Niv said, she visits Israel four or five times a year but she, too, has never flown back to vote until now.

“I thought I didn’t need to vote because I don’t live there,” she said. But everything changed, she added, after Oct. 7. “If we pay taxes — we have an apartment there — and if we send money for the war effort, and if we have children there — my daughter made aliyah five years ago — we need to go and vote,” she said. “The direction our country is going is very bad, for Israelis living there and for us also.”

Berkeley resident Rivka Amado left Jerusalem 22 years ago. A retired ethics professor and Ladino singer, she said it’s the duty of Israeli expats to show up.

“This election is critical, and it’s important for every Israeli to vote, whether you live here or there,” she said.

The surge in emigration since Oct. 7 has also swelled the pool of Israelis abroad. Some 82,800 Israelis left the country in 2024, according to Israel’s Central Bureau of Statistics, up from 55,000 in 2023. More than 69,000 left in 2025, the Times of Israel reported, the second straight year that emigration outpaced immigration.

Gilad Kariv, an opposition lawmaker from the Democrats party who chairs the Knesset’s Diaspora Affairs Committee, has warned of a “tsunami of emigration,” according to the Jerusalem Post. He has called it a “strategic threat to the future of Israel” tied to the government’s conduct.

J Street regional director Shimrit Braun Kamin (left) hugs Galit Lipsitz Goldental near the El Al counter at San Francisco International Airport, Oct. 25, 2026. (Aaron Levy-Wolins/J. Staff/Report for America)

Experts point to the war in Gaza and opposition to Netanyahu’s judicial overhaul as driving forces, suggesting that many recent emigrants are critical of the government.

Thirty-seven parties are on the Oct. 27 ballot, but only about a dozen are expected to clear the 3.25% electoral threshold needed to win Knesset seats. With Netanyahu’s Likud party polling neck-and-neck with his main opponent, Eisenkot’s Yashar party — the final pre-election polls show Yashar winning 22 to 23 seats to Likud’s 19 to 21 — every seat matters.

Neither party is projected to win a clear majority, meaning either one will have to negotiate intensely to form a governing coalition.

That’s why these expats have ponied up the dough, packed their bags and jumped on planes.

Eyal, a tech designer in his 40s who has been living in Mountain View since 2004, declined to give his last name because of his former job in the Israeli military. This, too, is his first trip home to vote.

In general, he said that he agrees with Israelis who believe expats should not have a voice in elections that no longer affect them personally.

“But in this particular election, I think a lot of Israelis want us to come and vote,” he said. “I know my parents do.”

Shlomi from Sunnyvale, who left Israel more than 15 years ago and also declined to give his last name, is worried that if there is not a new government, Israel’s brain drain will accelerate.

“We are in the final moments,” he said, likening Israel’s political situation to a soccer game. “If the government doesn’t change, I think a lot of good people who contribute to the future of the country will leave Israel.”

Shlomi is also worried that Israel will lose its partnership with the United States.

“It’s not about right or left,” he said, declining to say how he’ll vote. “It’s about dignity, about taking responsibility, about leaders that actually make decisions for the people rather than their personal benefit.”

Iddo Tal, a Jerusalem native, has lived in Palo Alto for 15 years, where he is a tech entrepreneur and teaches fundraising to startup founders around the world. He has launched “five start-ups and two kids,” he said, joking that “the kids have been a huge success.”

Unlike most of those interviewed, he has traveled back to vote before. He made the trip to visit his parents but timed it around an election.

“They always say every election is historic, and they’re always right,” he said.

Tal believes expats should vote, saying it keeps Israelis at home and abroad closely connected. “There’s something very exciting about making the Israeli diaspora part of Israel [proper], by coming back to fight, to raise money, to vote,” Tal said.

Hadar Aviram teaches law at UC Law San Francisco while studying to become a rabbi through Hebrew Union College. Born in Israel, she grew up “all over the world” and landed in San Francisco in 2001 for grad school. She wore one of the blue UnXeptable shirts and has joined some of the group’s protests.

“Let’s start with taking accountability for the Oct. 7 massacre and the ensuing war,” she said. “And long before that, we were all hostages to this hateful, bigoted, corrupt government.… I’m flying to release us from him, and him from us.”

She bristles at people who don’t understand why Israelis like her feel so strongly about this election.

“If some of those ignorant folks ask what Zionism is, I invite them to look around at all the people here who have packed their bags and emptied their savings accounts because they want to save their country,” she said, waving at the crowded boarding area. “When you love something very, very, very much, you are willing to go to great lengths to save it.”

The post ‘We need to save our country’: Bay Area Israelis fly home to vote in pivotal election appeared first on The Forward.

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