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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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Tidbits: A publishing firm for Jewish writers excluded by mainstream publishers
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
אין ניו־יאָרק איז די וואָך געגרינדט געוואָרן אַ פֿאַרלאַג פֿאַר ייִדישע און ישׂראלדיקע שרײַבער וואָס זאָרגן זיך, אַז זייער אָפּשטאַם אָדער מיינונגען קאָנען שטערן צום פּובליקירן זייערע ביכער.
לויט אַ סטאַטיסטיק פֿונעם מחבר מעג קין, איז בײַ די הויפּט־פֿאַרלאַגן, צווישן 2023 און 2024, געפֿאַלן מיט 76% די צאָל בעלעטריסטישע ביכער, וואָס דערמאָנען ייִדן, ייִדישקייט אָדער ישׂראל.
„הײַלײַן פּאָבלישינג סטודיאָ“, וואָס האָט דעביוטיִרט אין ענגלאַנד מיט אַ חודש צוריק, האָט געעפֿנט אַן אַמעריקאַנער צווײַג אין מאַנהעטן בײַ „פּאָרט סאַיִד“, דעם רעסטאָראַן פֿונעם וועלטבאַרימטן קוכער איל שני (עיאַל שאַני).
„הײַלײַן“ איז לאַנצירט געוואָרן דורך ניל בלער, דעם לאַנגיאָריקן ליטעראַרישן אַגענט פֿון דזשיי קיי ראָלינגס — דער שרײַבערין פֿון די האַרי־פּאָטער ביכער.
„איך האָב שוין פֿון לאַנג באַמערקט, אַז אַ צאָל שרײַבער קענען נישט געפֿינען קיין פֿאַרלאַג,“ האָט בלער געזאָגט. „נישט צוליב דער קוואַליטעט פֿון זייער שרײַבן אָדער אַ דוחק פֿון אָריגינעלע געדאַנקען, נאָר ווײַל זייער וועלטבאַנעם שטימט נישט מיטן קוקווינקל פֿון די פֿאַרלאַגן — אָדער אפֿשר ווײַל זייער משפּחה־נאָמען איז אַ ייִדישער אָדער ישׂראלדיקער.“
די פּראָבלעם, זאָגט ער, איז געוואָרן נאָך ערגער נאָך די טעראָריסטישע אַטאַקן פֿונעם זיבעטן אָקטאָבער, האָט בלער געזאָגט. ער האָט למשל דערמאָנט די שוועריקייטן בײַם געפֿינען אַ הויפּטשטראָמיקן בריטישן פֿאַרלאַג פֿאַר אַ בוך פֿון אלי שרבי (עלי שאַראַבי) וועגן זײַנע איבערלעבונגען ווי אַן ערובֿניק אין עזה — נישט געקוקט אויף דעם וואָס אין אַמעריקע האָט מען שוין געהאַט פֿאַרקויפֿט הונדערטער טויזנטער עקזעמפּלאַרן דערפֿון. צום סוף האָט זײַן בוך אַרויסגעגעבן אַ קליינער בריטישער פֿאַרלאַג, „סוויפֿט בוקס“.
„הײַלײַן“ וועט באַשטיין פֿון צוויי אימפּרעזומס: „אָדעסאַ עדישאָנס“ און „אַנטידאָט בוקס“. „אָדעסאַ עדישאָנס“, אָנגעפֿירט פֿונעם רעדאַקטאָר דזשעקי קלײַן, וועט דרוקן ייִדישע און ישׂראלדיקע בעלעטריסטיק און פֿאַקטפּראָזע אויף טעמעס פֿאַרבונדן מיט דער ייִדישער געשיכטע, אַנטיסעמיטיזם, פֿילאָסאָפֿיע, עסן און קולטור.
„אַנטידאָט בוקס“ וועט דרוקן פֿאַקטפּראָזע מיט אַ שייכות צו טעכנאָלאָגיע, עטיק, דעמאָקראַטיע, אידענטיטעט און מאַכט.
קלײַן האָט געזאָגט, אַז מע וועט אויך באַטראַכטן מאַנוסקריפּטן פֿון אַראַביש־ישׂראלדיקע און נישט־ייִדישע שרײַבער, וואָס זייער אַרבעט פֿאַרנעמט זיך מיט דער ייִדישער קולטור, געשיכטע אָדער געדאַנקען.
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
To read about this in English click here.
The post Tidbits: A publishing firm for Jewish writers excluded by mainstream publishers appeared first on The Forward.
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In ‘Fatherland,’ Thomas Mann finds a Germany divided
Speaking at the Library of Congress, just before the end of World War II, Thomas Mann insisted “that there are not two Germanies, a bad and a good one, but only one whose best qualities were perverted by devilish cunning into evil.”
Two years later, in 1947, he would publish Doctor Faustus, a meditation on his homeland’s slide into fascism in the idiom of Germanic legend. Two years after that, accepting the prize named for Goethe, the Faust legend’s greatest chronicler, he would return to Germany, which, by then, had split in two.
Paweł Pawlikowski’s Fatherland, is about the 1949 trip Mann took with his daughter Erika from American-administered Frankfurt to East German Weimar, then in the grips of Soviet control. They glide through bombed-out streetscapes in a black, all-American Buick. During the tour, dignitaries try to win Mann over to one of two ideologies vying to replace the fascist model: that of the free market, or that of Communism.
By the time the film takes place, Mann was an American citizen who had lived outside of Germany for over a decade. He railed against the Nazis and appealed to the conscience of his countrymen in radio broadcasts from exile in California. He had married into a Jewish family, and his anti-Nazi credentials were beyond reproach. But at a press conference in Frankfurt, when an AP reporter asks “where is home,” he responds in English with a German word that English can only approximate.
“I am an American citizen,” Mann, played by Hanns Zischler, answers. “I am also a German writer. Where my heimat is, where I belong, is a much more difficult question.”
His country no longer exists.
Pawlikowski, a Polish director whose silken, black-and-white films excel in painting the surreality of the Iron Curtain, plucked this compelling episode from Colm Tóibín novel of Mann’s life, The Magician. Zeroing in on the 1949 tour, he’s crafted an intimate story of a father and daughter navigating a new political order where one’s allegiance, as summed up by Mann’s son Klaus, is either to “Stalin or Mickey Mouse.”
When Klaus (August Diehl) dies by suicide while Erika and Mann are in the middle of the excursion, and Mann insists on sticking to the itinerary, the Great Man’s faults are blown open: He believes his lecture tour, and the power of words, can improve conditions for a nation, but he had long ago declared his son a lost cause.
Zischler’s performance is at once understated and monumental. His response to Richard Wagner’s glad-handing grandchildren, who want him to put in a good word for reviving his festival in Bayreuth, is a punchy quotable: “The opera should be razed to the ground and your mother should be put on trial.” His mystified look when a Soviet colonel asks him to discuss “Mephistophelian dialectics,” is better than any bon mot.
Hüller is dependably excellent, glowering at the supposedly de-Nazified guests at a banquet and musing to a former war correspondent comrade about “what they were up four years ago.”
Mann’s controversial visit to Weimar is marked by a perfunctory pilgrimage to Goethe’s final home for a photo op. Among the effects are Goethe’s death mask, a blunt-force metaphor following Mann’s speeches, to East and West Germans, extolling how the great poet “rejected the German Romantic death cult.”
When Goethe’s dead, can the winner of his eponymous prize make the rejection last?
History has a verdict. While Mann rejects his own Faustian bargains — the invitation to put in a good word for Wagner or take a job as president of the Arts Academy in East Germany — his fate is teased when Erika sees a catalogue of “Fifth Columnists,” which has his headshot near Einstein and Arthur Miller.
Mann was a victim of McCarthyism, and left his adopted country in 1952 to settle — and die — in the neutral environs of Switzerland.
The film has enough restraint to spare us this epilogue. It ends with a father, a daughter and a sublime expression of grief and untainted German art. (Fitting for Pawlikowski, whose films so often center music, it is a Bach composition that delivers the final beat.)
Mann never did make his homecoming permanent, but on this score, he had a properly self-aggrandizing, if apt credo: “Where I am, there is Germany.”
The post In ‘Fatherland,’ Thomas Mann finds a Germany divided appeared first on The Forward.
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This deli serves ham and calls itself Jewish. New Jersey says it’s not kosher.
The Kibitz Room in Cherry Hill, New Jersey, just outside of Philadelphia, serves shrimp salad. It also has a ham sandwich, and its doors are open on Saturdays.
So the people who run it were surprised this month when a state investigator walked in carrying a notice saying a deli with a “Jewish cheesesteak” on the menu needs to tell customers, in writing, that it isn’t kosher.
The backstory and fallout involve a brisket-boosting talk radio host, a rock-and-roll dive bar in Los Angeles, a historian known as Dr. Pastrami, a famous rye bread ad, and a question Jewish diners have been fighting over for the better part of a century: Can a deli be Jewish if it isn’t kosher?
Here’s the beef. The New Jersey Division of Consumer Affairs, which, yes, has a kosher fraud enforcement unit, sent an investigator to the Kibitz Room with a simple message. If you call yourself a Jewish deli, state consumer-fraud rules say you also have to post a sign, or otherwise let customers know, that your food isn’t under kosher supervision. The state isn’t accusing the deli of passing itself off as kosher, and it isn’t banning the word “Jewish.” It just wants a disclaimer next to it.
Neil Parish, 62, who runs the Kibitz Room with his son, Brandon, wasn’t having it. He told the investigator, “You’re not going to come in here and dictate to me the verbiage that I’m going to put on my menu,” he said in an interview with the Forward.
Parish grew up working in delis, first as a dishwasher at 14, and then he was slicing meat by 16. Apart from a six-year stretch in a job with health insurance (“I wasn’t cut out for that,” he says), he’s been in delis ever since.
Which is why the notice struck him as absurd. In Parish’s telling, no observant customer has ever mistaken the Kibitz Room for a kosher deli.
The state is proposing a $1,000 penalty and wants a sign that’s visible to customers saying the deli isn’t kosher. For Parish, it’s the principle, and what he calls government overreach. He says he told the investigator, “I’ll see you in court. I hope the Supreme Court,” adding that “we’re taking this thing to the end. Period. I’m not stopping.”
The fraud squad
New Jersey’s kosher unit spends most of its time on businesses that say they’re kosher.
The biggest cases involve packaging. In 2014, ShopRite’s supplier cooperative agreed to pay a $35,000 penalty for putting a kosher symbol on private-label coffee bags without the certifying agency’s approval. The state leaves the definition of kosher to rabbis. Its job is to check that sellers are telling the truth.
Delis that call themselves Jewish without claiming to be kosher are a smaller slice of the caseload, but not an unheard-of one.
The spark seems to have been lit on Sept. 14, when NJ.com published “New Jersey’s 15 best Jewish delis, ranked for 2026.” The Kibitz Room came in eighth.
Shortly after, the state investigator walked into Radin’s Delicatessen, a mile down the road and ranked No. 7, to see whether it was passing itself off as kosher.
Radin’s owner is Russ Cowan, a fourth-generation deli man, and the original owner of the Cherry Hill Kibitz Room, which he opened in 2001. He was happy to schmooze with the inspector. “Jewish does not mean kosher, and kosher style does not mean kosher,” he said in an interview with the Forward. “But for me personally, I avoid saying either because I don’t want to confuse a customer that might think we are kosher.” His shop sells bacon, ham and cheeseburgers.
When people ask what line of work he’s in, he replies, “the corned beef and pastrami business.” He had replicas made of the neon signs from his family’s old Brooklyn delis, and he says he took the word “kosher” off them.
Rabbi Chaim Dovid Zwiebel, executive vice president of the Orthodox advocacy group Agudath Israel of America, has been watching these fights for more than 20 years. His group supported New York’s kosher fraud law back when it was battling for survival in court. He argues kosher claims should be policed like any other: “From a perspective of consumer fraud,” he said, “the fact that we happen to be speaking about religious items shouldn’t make a difference.”
He isn’t bothered by what New Jersey is asking of the Kibitz Room. “The least you can do is put the disclaimer,” he said, referring to a sign saying the deli isn’t under kosher supervision, posted where customers can see it.
But he sees another problem. The word “Jewish,” Zwiebel says, “kind of implies there are certain foods which are reserved exclusively for Jews.” The current controversy reminds him of an iconic ad campaign, he says.
Starting in 1961, subway posters around New York showed an Italian grandmother, a Black child, an Asian kid and a Native American man, each enjoying a sandwich on Levy’s Real Jewish Rye, with the tagline: “You don’t have to be Jewish to love Levy’s.” The Brooklyn bakery had been losing customers as Jewish families moved to the suburbs. The campaign made Levy’s the top-selling rye in the city.

But Zwiebel takes umbrage with the larger concept. “Forget about the misleading nature that a phrase of ‘kosher style’ might be,” he says. “Jewish style is not so much misleading; it’s just deeply offensive.”
Offensive to whom, and why, depends on who you ask. And whether a deli can call itself Jewish without being kosher has been a fight for a long time.
‘A secular synagogue’
Ask people who’ve spent their careers thinking about Jewish delis what they make of the New Jersey news, and the first response is surprise.
To Jeffrey Yoskowitz — host of the podcast Meet Me at the Deli and co-founder of Gefilteria, which reimagines Eastern European Jewish cooking — the notice “clearly comes from a place of ignorance or not understanding.”
To understand the fight, start with how the Jewish deli began. In the 1880s, a wave of Jewish immigrants from Eastern Europe began arriving on the Lower East Side. They borrowed the format of the German delicatessen to sell the foods they’d left behind. Pastrami came from Romanian Jews. But hot pastrami on rye, says Yoskowitz, “is an entirely American innovation.”
Then the deli became a place to sit. Yoskowitz says it turned into what’s sometimes called a “secular synagogue,” where immigrants could feel Jewish, speak Yiddish and become American at the same time.
Kosher was part of the story, never all of it. In 1915, New York amended its false-labeling law to punish fraud in the sale of kosher meat, but that didn’t solve the problem. According to “I’ll Have What She’s Having,” a traveling deli exhibit, an estimated 40 percent of the meat sold as kosher in New York in 1925 wasn’t. Meanwhile, delis multiplied. By the early 1930s, the city had roughly 5,000 of them.
Lara Rabinovitch, who was a co-curator of the exhibit, isn’t sure the question can be answered. To really answer it, she says, “you have to get to the question of what is a deli, what is Jewish? What do those two words even mean?”
Rabinovitch has a PhD in Jewish food history from New York University. Back in grad school, her husband got tired of her long academic answers about her work and told her to “just say you have a PhD in pastrami.” The nickname stuck. She’s now Dr. Pastrami, and has a Substack newsletter.
The only part of the story that really troubles Rabinovitch is “whether the deli pays explicit homage to its namesake, the original Kibitz Room attached to Canter’s Deli” in Los Angeles. Missing that, she said, “would be a shanda.”
That Kibitz Room is a legend. It opened in 1961 as a cocktail lounge next to the dining room at Canter’s Deli. It has a full bar and a small stage, with live music or comedy most nights that often turns into a jam session by midnight. Everyone from Joni Mitchell to members of Guns N’ Roses and the Red Hot Chili Peppers has passed through. (Cowan, who founded the Cherry Hill Kibitz Room, says he was inspired by the Kibitz Rooms at Canter’s and at Attman’s in Baltimore.)

David Sax, author of Save the Deli, has been in the middle of this argument for years. He heard it constantly after his book came out, he says: deeply kosher people insisting a deli can only be Jewish if it’s kosher, and everyone else saying it’s Jewish if it serves kosher-style food.
“The same fight, the same battle, has been going on for the better part of a century,” he says. Can a deli be Jewish without being kosher? “Yeah, 100 percent.” Ban the non-kosher ones, he says, and you lose Katz’s, Carnegie, Canter’s and Langer’s, “almost every single famous and well-known Jewish deli” in the U.S.
“Does it make it less Jewish? Sure, if that’s your definition of Jewish,” Sax says. “But how do you define Jew? Who is a Jew?”
Brisket boosterism
By the second week of October, the notice to the Kibitz Room had found its way onto New Jersey 101.5, the statewide talk radio station, where host Bill Spadea spent most of his show pontificating about it.
Spadea grew up in Cherry Hill. Friday nights meant pizza from a shopping center in the Woodcrest neighborhood, next to a Jewish deli where his dad ordered the chicken livers and chopped egg. He admitted on the air that he had never been to the Kibitz Room. He wanted his listeners to go anyway. “Get them sold out today,” he said. Then, in case that was too vague, he added: Buy the brisket.
His theory of the case was that nobody was fooled. “No consumer was harmed in the creation of a kosher-style Kibitz menu item,” he argued. No observant diner, he figured, would see pastrami with Swiss and think they were in a kosher kitchen. A listener texted in that Little Caesars isn’t Italian food, it’s Italian-style.
Parish agreed with that logic. “When I go into an Italian restaurant, it doesn’t say ‘not authentic Italian American,’” he says.
What really got to him was the adjective. “You want a Jew to change his menu to not use the word Jewish,” Parish says. (The state isn’t asking the Kibitz Room to drop the word. It wants a disclaimer next to it.)
Parish says he is not planning to pay the penalty and that “a very powerful Washington D.C. law firm” will represent him at a hearing scheduled in the coming weeks.
To Parish, the notice didn’t arrive in a vacuum. He says it landed at a moment when Jews feel under threat, around the world but “especially in this country and in my community.” He says he has customers in Cherry Hill who have taken the mezuzahs off their doors “because they’re scared.” His daughter and son-in-law live on the Upper East Side, and the stories he hears from them about rising antisemitism in New York City are worse, he says.
So when the state investigator — who is Jewish — showed up to talk about his menu, Parish says he lost his temper. Echoing a quote from Israeli Prime Minister Menachem Begin, Parish says, “I’m not the trembling Jew. I’m not going to take this anymore.”
Which may explain the Kibitz Room’s Instagram bio, which now reads: “Not kosher. Still Jewish.”
The post This deli serves ham and calls itself Jewish. New Jersey says it’s not kosher. appeared first on The Forward.

