Uncategorized
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.
Uncategorized
Israeli tourists could soon be required to show 5 years of social media history to enter the US
(JTA) — Israelis seeking to visit the United States could soon be required to submit five years of social media history, according to draft regulations published by the U.S. Department of Homeland Security this week.
The regulations would apply to tourists from 42 countries, all allies of the United States, that are enrolled in the government’s Visa Waiver Program that allows passport holders to visit for up to 90 days without a visa.
Israel was first designated into the Visa Waiver Program by DHS in September 2023. The same year, Israeli tourism to the United States reached 376,439, followed by 417,077 in 2024, according to Statista.
The proposed regulations come as the Trump administration seeks to tighten borders. In April, the U.S. Citizenship and Immigration Services announced that it would scrutinize the social media accounts of people applying to immigrate and international students for “antisemitic activity.” But the regulations mark a shift toward examining the records of people who are trying to visit, not move to, the United States.
In response to a question from a reporter Wednesday about whether the new requirement would cause a “decline in tourism,” President Donald Trump demurred.
“No. We’re doing so well,” Trump said. “We just want people to come over here, and safe. We want safety. We want security. We want to make sure we’re not letting the wrong people come enter our country.”
The new regulations would overhaul the Electronic System for Travel Authorization, or ESTA, an online application that tourists included in the Visa Waiver Program have recently been required to submit before entering the country.
It was not immediately clear how tourists would submit their social media history under the proposed regulations, or even what such a request could constitute in an era when people maintain many social media accounts and post prolifically on them.
The DHS notice began a 60-day period for public comment on the regulations this week. A spokesperson from Customs and Border Protection told the Jewish Telegraphic Agency in a statement that the notice was preliminary.
“Nothing has changed on this front for those coming to the United States. This is not a final rule, it is simply the first step in starting a discussion to have new policy options to keep the American people safe,” the statement read. “The Department is constantly looking at how we vet those coming into the country, especially after the terrorist attack in Washington DC against our National Guard right before Thanksgiving.”
The Nov. 26 shooting of two National Guard members by a suspect who is an Afghan national triggered several restrictions on immigration by the Trump administration. The suspect entered the country legally and has not been publicly alleged to have had a social media track record that might have elicited alarm.
The potential regulation comes as Israeli soldiers have faced scrutiny for their posts on social media during the war in Gaza, with some soldiers fleeing countries they have visited that are less friendly than the United States to Israel over the threat of potential war crime inquiries.
The post Israeli tourists could soon be required to show 5 years of social media history to enter the US appeared first on The Forward.
Uncategorized
6 hostages murdered in Gaza lit Hanukkah candles in captivity, newly released footage shows
(JTA) — Two months after they were taken hostage, and eight months before they would be murdered, the Israelis who would later be known as the “Beautiful Six” were herded into a new section of the Hamas tunnel where they had been held.
There, their captors took hours of video of the young adults as they lit a makeshift menorah, sang traditional Hanukkah songs and, after being prompted, offered holiday greetings to the camera.
“Where are the sufganiyot?” asked Eden Yerushalmi.
“We’re waiting for Roladin in the land [of Israel],” joked Hersh Goldberg-Polin, referring to one of the most prominent purveyors of Hanukkah donuts in Israel.
The other hostages — Ori Danino, Almog Sarusi, Alex Lubanov and Carmel Gat — sit with their fellow captives. Sarusi appears visibly distressed as he makes the blessing over the candles, and the cameraman captures wrenching comments as the six young adults sing the song “Maoz Tzur.”
Goldberg-Polin explains that there are six verses in the song, “one for each time they tried to kill us and failed.” Yerushalmi responds, “We need to add another verse.”
In another video, Lubanov is instructed to shave the heads of his fellow male hostages. While shaving Danino, he recalls the movie “The Pianist,” set during the Holocaust, and says he is like a barber in that setting.
“This situation is not that far from the Holocaust,” Danino replies, looking at a mirror that a third person, possibly from Hamas, is holding up.
Some of the footage appeared intended to fuel the kind of hostage videos that Hamas released intermittently during the war, but Hamas never put it out. Instead, the footage was recovered by the IDF about three months ago during a raid on a hospital in Khan Younis and was delivered to the families of the hostages about six weeks ago, according to YNet News. It was released publicly on Thursday.
The video adds to accounts that many of the hostages sought to maintain Jewish practices and traditions while in captivity, though it is the first to suggest that such practices might at times have been facilitated or coerced by their captors.
“Lighting Hanukkah candles in that dark place captures the essence of the Jewish spirit: light prevailing over darkness,” the hostages’ families said in a statement released by the Hostages and Missing Families Forum.
“Hamas filmed these videos as propaganda, but the humanity of the beautiful six shines through this footage. It is stronger than any terrorist organization. These videos bear witness to evil and failure. The entire world must see our loved ones in these moments, their unity, strength, and humanity even in the darkest times. They were taken alive, they survived in captivity, and they should have come home alive,” the statement continues. “Nothing will bring our loved ones back to life. Only bringing the truth to light, only genuine accountability at the national level, can bring justice and healing to all our hearts.”
We will never forgive and we will never forget how our hostages were treated by Hamas in Gaza.
Despite the horrific torture and humiliation, our brave and courageous hostages never lost hope, and even continued to light Hanukkah candles to bring light into a world of darkness. pic.twitter.com/wv3PSnbQZk
— Danny Danon 🇮🇱 דני דנון (@dannydanon) December 11, 2025
The release of the footage has renewed grief over the murder of the hostages, which closely followed the collapse of ceasefire negotiations in July 2024. Some of the hostages, including Goldberg-Polin, who lost an arm on Oct. 7, had been on the list for release had a deal come together. Since then, Israeli officials have counted the hostages, whose bodies were retrieved soon after they were killed, among those rescued by the Israeli military.
“What heroes,” Goldberg-Polin’s mother, Rachel Goldberg-Polin, told Channel 12, according to the Times of Israel. “Six young luminous people who did everything right and they stayed alive and they did their part, and for us to claim we brought them back, in bags, bags of children to their parents, please don’t count Hersh among the people you saved.”
News of their deaths triggered mass protests in Israel opposing Israeli Prime Minister Benjamin Netanyahu’s failure to reach a deal the month before. In September 2024, Netanyahu issued an apology to the hostages’ families.
The video comes as the body of the last remaining hostage in Gaza, Ran Gvili, has yet to be returned to Israel, two months after a U.S.-brokered ceasefire deal between Israel and Hamas that required the release of all of the remaining hostages. Twenty living hostages and 27 deceased hostages, most but not all killed on Oct. 7, have since been returned.
The video appeared to be taken months before the group of six were killed in Hamas captivity in Rafah on August 29, 2024, shortly after the collapse of ceasefire negotiations with Hamas that could have led to the release of some of them.
The post 6 hostages murdered in Gaza lit Hanukkah candles in captivity, newly released footage shows appeared first on The Forward.
Uncategorized
How Montana teachers use a Hanukkah kit to teach students who’ve never met a Jew
In Montana, students across the state — from Hutterite colonies to Native American reservations — are learning about Hanukkah in school: playing dreidel, lighting candles, and reading a picture book that tells the true story of Billings residents who united against antisemitism.
That’s thanks to the Montana Jewish Project, which is in its third year of distributing 50 “Hanukkah curriculum boxes” to public school teachers around the state, many in rural areas with few to no Jewish students in their classrooms. Teachers who sign up for the box receive it free of charge.
“A teacher at a school with a large Mennonite population went out of her way to email us and say, Thank you so much. This resonated so much with my students,” said Rebecca Stanfel, executive director of the Montana Jewish Project. “It makes a lot of sense, because the lesson plan is really about accepting everyone in your classroom, whatever their faith tradition.”
Montana, home to the most hate groups of any state and a Jewish population of a few thousand, tends to be the subject of alarming headlines: “Neo-Nazis urge armed march to harass Montana Jews” and “Jewish man attacked in Montana by self-proclaimed Nazi on Oct. 7,” most recently.
But the state has also been a national model for how to effectively push back against hate. In 1993 in Billings, neo-Nazis threw a brick through a 6-year-old Jewish boy’s bedroom window, which was displaying a menorah. In response, the Billings Gazette printed a full-page picture of a menorah for readers to cut out and tape to their windows. Thousands posted the menorahs to show solidarity.
So when it came to teaching Montana’s students about Hanukkah, Stanfel knew she wanted to go beyond the Maccabees and include that local story — one that counters common stereotypes about Montana as a white Christian nationalist safe haven. Each Hanukkah box includes a copy of The Christmas Menorahs: How a Town Fought Hate, which recounts the Billings story, along with suggested discussion questions.
One prompt asks students: “What would you have done if you were in Billings at the time? Would you have encouraged your family to display a menorah? Why or why not?”
Heather McCartney-Duty, a fifth grade teacher at an elementary school in the city of Choteau, population 1,700, knows of three Jewish students at her school — and they’re all siblings. That made it all the more important to teach about Hanukkah, she said, both to educate non-Jews and help her Jewish students feel included.
With the help of Montana Jewish Project’s box, she read her students the picture book, taught them to play dreidel, lit candles, decorated the classroom in blue and white, and even displayed a “mensch on the bench.”
“The news stories that hit out of Montana are, Oh, the Unabomber. Oh, the Freemen. What crazy thing has Montana done today?” McCartney-Duty said. “So to have this massive effort towards pushing back against hate and pushing back against bullies, it’s very significant to kids that it happened in Montana.”
Another teacher using the Hanukkah box, Courtney Hamblin, is adapting the lesson for her older students at a high school in Billings. She’s coupling the story with watching the PBS documentary Not in Our Town and reading newspaper archives about the display of solidarity.
That lesson will prepare her students to read Night by Elie Wiesel in the coming months, she said, helping them become more familiar with Jewish references in the book.
To her, the Billings story shows students “that something local can become national,” Hamblin said. “I’m trying to teach them that little acts of kindness can balloon into these big things.”
The post How Montana teachers use a Hanukkah kit to teach students who’ve never met a Jew appeared first on The Forward.
