Connect with us

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.

Continue Reading

Uncategorized

This isn’t Mark Ruffalo’s first antisemitism controversy

Mark Ruffalo is in the spotlight after facing accusations of antisemitism for his criticism of the Ellison family — but this isn’t the first time the actor has been caught in controversy on this topic.

Last Friday, the actor connected the merger of David Ellison’s Paramount with Warner Bros. Discovery to Israel’s war with Hamas. He called Larry Ellison an “oligarch” due to his financial backing of his son David’s merger using wealth earned from his time at Oracle, which created technology used by the Israeli military. His statements immediately drew criticism, with Paramount leaders accusing Ruffalo of invoking antisemitic tropes.

Ruffalo, a four-time Academy Awards nominee best known for playing the Hulk in Marvel movies, has long been an outspoken advocate for progressive causes — including the Palestinian one.

In 2014, Ruffalo made his first public statements about the Israeli-Palestinian conflict, posting criticisms of Israel’s Operation Protective Edge military operation against Hamas.

He criticized Israel for striking Gaza’s el-Wafa hospital, writing that, “Sorry, I thought blowing up Hospitals [sic] was something that all human beings could agree was off limits.”

Ruffalo also questioned the claim that Hamas used civilians as “human shields.”

“Do you honestly think these people, these fellow human beings, would use their own children as shields?” he wrote. “Use your heart.”

Around the same time, Ruffalo also disputed whether Hamas had actually kidnapped three Israeli teenagers, one of the incidents that sparked the 2014 hostilities — an incident that the terrorist group later admitted to.

Ruffalo received criticism for his posts, but stood by his perspective. “Empathizing w/ Gaza does NOT make me anti-Semitic, nor pro-Hamas or anti-Israel,” he wrote in 2014. “It makes me human.”

As clashes between Israel and Hamas sprouted up again in 2021, Ruffalo once again took to Twitter to denounce Israel, likening the situation to South Africa and calling “for sanctions to free Palestinians.”

Soon after, Ruffalo wrote another tweet apologizing for his rhetoric.

“I have reflected & wanted to apologize for posts during the recent Israel/Hamas fighting that suggested Israel is committing ‘genocide,’” he wrote. “It’s not accurate, it’s inflammatory, disrespectful & is being used to justify antisemitism here & abroad. Now is the time to avoid hyperbole.”

Following the Hamas-led Oct. 7 attack in 2023 and Israel’s military response, Ruffalo returned to pro-Palestinian activism. Less than two weeks after the attack, on Oct. 20, Ruffalo — along with more than 50 others creatives through the organization Artists for Ceasefire — sent a letter to President Joe Biden demanding an immediate ceasefire in Gaza. At the following Academy awards, Ruffalo wore a pin from the organization.

In Sept. 2025, Ruffalo, and along with more than 5,500 others in the film industry, signed a letter pledging to boycott “Israeli film institutions” that they believed were “implicated in genocide and apartheid against the Palestinian people.”

Ruffalo has publicly aligned himself with the Boycott Divest Sanction (BDS) movement, calling to “boycott, divest, sanction and prosecute” Israel, on a podcast with Mehdi Hasan. During the same interview, he said that he has stopped talking to former friends who don’t agree with his perspective on the issue.

“I can’t talk to them anymore,” he said. “They’re either trying to convince me that the Palestinian people are all terrorists and they all deserve to die, or in the same breath will tell me that they’re actually human shields, and they deserve to die because they’re human shields.”

Now, after making statements connecting the Paramount-Discovery merger to Israeli military technology, Ruffalo has been accused of antisemitism by numerous Jewish organizations including the Anti-Defamation League and the Simon Weisenthal Center.

The actor has now taken to social media to denounce the accusations of antisemitism, calling the accusation “appalling and fundamentally dishonest,” and saying that criticizing “the actions of the Israeli prime minister, a military technology contract, or the executives who supply it is not the same as criticising Jewish people.”

He added, “Everything I know about acting, activism, and humanism has been profoundly shaped by the Jewish friends, colleagues, and loved ones who have been integral and family throughout every point of my life.”

The post This isn’t Mark Ruffalo’s first antisemitism controversy appeared first on The Forward.

Continue Reading

Uncategorized

American synagogues are spending more than ever on security. How much is enough?

At Temple Israel in Bloomfield, Michigan, which was attacked in March by a gunman, getting ready for the High Holidays this year means more than preparing for crowds of worshippers.

The synagogue is spending millions of dollars on security upgrades, including a new gatehouse, artificial intelligence technology and physical and ballistic hardening of its building.

“There are major changes coming,” Rabbi Josh Bennett of Temple Israel said in an interview. “I think that extends then to many of the other places of worship in town, and then, by extension, the entire Jewish community around the country.”

But as congregations install barriers, hire guards and tighten access to their buildings, Jewish leaders are struggling to balance budgets and keep their synagogues welcoming.

Bennett fears fortressing the Jewish community through ever-expanding security upgrades is “unsustainable at all levels,” from the emotional to the financial.

The Secure Community Network, a Jewish security organization that provides threat intelligence and safety training to Jewish institutions across the country, told the Forward that the American Jewish community now spends between $765 million and $1 billion annually on security and safety.

CEO Michael G. Masters said that figure is dramatically higher than it was several years ago, when it was the exception, rather than the rule, for a Jewish institution to have a security plan, let alone layers of cameras, guards, and coordination with law enforcement.

The spending reflects what Mitchell Silber, CEO of the Community Security Initiative, a New York-focused Jewish counterterrorism and security organization, described as “the most complicated threat picture that the Jewish community in the United States has ever faced.”

According to the FBI, Jews were the victims of nearly two-thirds of religion-based hate crimes in the United States in 2025. And these days, Silber’s analysts are tracking threats from white supremacists and neo-Nazis, Islamist extremists and actors inspired by or connected to Iran and Hezbollah, and left-wing violence connected to the Israeli-Palestinian conflict.

“That’s taking a tremendous toll just financially on our Jewish institutions,” Silber said.

The growing costs have pushed Temple Israel to lobby Congress in support of the bipartisan Jewish American Security Act, which would increase federal funding available to protect Jewish institutions. Last week, members of Congress, including the bill’s co-sponsor, Rep. John James of Michigan, visited the Temple to see the security updates.

When congregants help screen for danger

But as congregations pour money into keeping potential attackers out, another question looms: At what point does protecting a synagogue begin to change the experience for those coming in?

“The more you build, there’s, I think, an inverse proportion to how safe people will actually feel when they’re coming in,” said Bennett, whose congregants have been emotionally rattled since the March attack, during which a gunman rammed a truck loaded with gasoline and fireworks into the synagogue. “Nobody wants to walk into a building where you walk by loaded semi-automatic machine guns.”

A person arriving at a synagogue for the first time could have harmful intentions. They could also be new to town, exploring Judaism, or simply looking for a place to spend Shabbat. Distinguishing between those is an important challenge.

Unlike an outside guard, a longtime congregant may know who normally attends services, which unfamiliar face is expected for a wedding or bar mitzvah, and when someone’s behavior genuinely seems out of place. That’s why organizations like SCN and the Community Security Service train community members to serve as additional protection at their own institutions.

In 2026 alone, SCN has conducted close to 1,000 in-person safety trainings, reaching roughly 25,000 people. For the High Holidays, they are offering Zoom Webinars for Jewish institutions across the country, as synagogue-goers who ordinarily recognize most people walking through their doors may suddenly welcome hundreds of unfamiliar worshippers.

Preparation was put to the test at Central Synagogue in Manhattan last Friday, when a man stormed the temple, punched a congregant, and headbutted and spat on a security guard while directing a racial slur at him.

Silber described the response as a “tactical success.”

“Their security team had drilled. Their clergy and staff had drilled. And when the moment came, within less than 60 seconds, they had this individual moved outside of the sanctuary.”

At Temple Israel, the congregation has been fundraising specifically for security. After the March attack, Bennett said, some congregants would like to see “a moat and a full army around our buildings.”

He understands the impulse. But he worries there may be no end to what a synagogue can spend in pursuit of safety.

“How do you do this with the knowledge that it’s financially unsustainable?” Bennett said. “This is not the way we should be spending dollars.”

The post American synagogues are spending more than ever on security. How much is enough? appeared first on The Forward.

Continue Reading

Uncategorized

The far right is more dangerous to Jews than the far left. A historian explains why.

When Jewish leaders speak out these days, it’s often to blast the anti-Israel actions of one Democratic Socialists of America politician or another. Given all the attention — and the millions of dollars raised within the Jewish community to help defeat these candidates — you’d think the greatest existential threat to American Jews was coming from the left.

But a new book by historian Steven Ross is here to tell you: You’d be mistaken.

“What you’ve seen seeping in on the far left is more anti-Israel and some antisemitism,” Ross told me in a phone interview. “But here’s the thing: the left has never called for death to people, the right has.”

Right-wing extremist groups have spent 80 years calling for the death and deportation of Jews and minorities — and sometimes acting upon those calls. The far left, whatever its failures on antisemitism, has not. And unlike in previous years, the far right today has found the two things it lacked: a single leader to unite behind, and a technology to reach millions.

In The Secret War Against Hate: American Resistance to Antisemitism and White Supremacy, Ross, a professor of history at University of Southern California, tracks the continuous, noxious activity of hate groups in the United States from the end of World War II to the present day — and the brave and secretive men and women who sought to thwart them.

The book reads like a great suspense novel, except, unfortunately, it’s nonfiction. And its conclusion — spoiler alert — is that the threat is only growing more dangerous.

Uncannily, in his research, Ross found that Jewish leaders predicted as much — in 1945.

Even before the Allies declared victory in Europe, leaders of the Anti-Defamation League, American Jewish Committee and the Anti-Nazi League, who had launched undercover operations to infiltrate and disrupt hate groups, had come to a disturbing conclusion. They could defeat any hate group, even the Ku Klux Klan, unless the disparate groups could one day “communicate on an instantaneous basis,” and unless the far right figured out a way to make it into one of the two mainstream political parties.

“Here we are,” Ross said. “Everything has come true.” Social media has enabled hate groups to communicate and organize at scale, and President Donald Trump’s pardon of the Jan. 6 rioters — direct ideological descendants of the postwar far right, Ross says — was but one example of the Republican flirtation with extremist and violent groups.

Descendants of the ‘Betrayed Generation’

In the early 1940s, Jewish leaders also predicted that when the war ended, antisemitism and racism would increase — despite Americans having just fought a savage battle against prejudice and fascism.

The Greatest Generation also birthed what Ross calls “the Betrayed Generation,” men and women who returned to a changed America in which liberals, Blacks and Jews were mobilizing and upwardly mobile.

“The Founding Fathers, they insisted, had created a nation based on white Christian rule and they would not allow traitors or people of color to change that,” Ross writes.

Groups like the American Nazi Party, the Columbians and the National States Rights Party warned that Jews were behind “race suicide,” plotting to replace white people with non-white immigrants. They accused Jews of being secret Communists and undermining the cause of “America First.”

“I will solve the Jewish problem once and for all,” James Madole, founder of the fascist National Renaissance Party, told a boisterous rally in Manhattan’s Yorkville neighborhood in February 1953. “I will finish the job that Hitler started.”

During this period, there were an estimated 3,114 right-wing organizations and periodicals that reached a combined membership of over 10 million Americans, says Ross.

The groups carried out a series of bombings against synagogues and Black churches that were, Ross writes, “unrelenting, unpredictable, and unnerving.”

How to fight back

J. Edgar Hoover’s FBI, which should have been tracking these groups, was far more concerned with persecuting potential communists. So the ADL, AJC and the ANL fielded undercover agents to infiltrate and disrupt these groups, often at the risk of their lives.

One of them, a 19-year-old Columbia University student named William Goring, rose to the head of the National Renaissance Party’s leadership. In a memo to his handlers, Goring described the far-right members he encountered as “the failures, the lonely,” who feel “abandoned by their government and gain a strong internal feeling of camaraderie” from the far-right parties.

“To ease their lack of self-respect they make up excuses and find scapegoats. Some fix upon the Jews, others on the Blacks,” Goring wrote.

By the 1970s, this spy network as well as internal strife had weakened these hate groups, their memberships dwindling to hundreds.

Jewish groups “thought they had won the battle against hate,” wrote Ross, and turned their attention to the causes of civil rights and Israel.

But the ideology and organizations festered and regrouped, manifesting in the anti-government militia movement, the white supremacist march in Charlottesville and the Jan. 6 riots. Between 2008 and 2016, the number of militia and anti-government groups rose to 1,400.

Media personalities with millions of followers, like Tucker Carlson and Candace Owens, push warnings against shadowy Jewish influence and the “great replacement theory,” the new term for “race suicide.”

The bombings that wracked Jewish communities in the postwar period have declined, Ross acknowledged. What’s replaced them is a constant stream of hate pushed into people’s social media feeds. Social media has made it harder to infiltrate and disrupt hate networks, while making it easier to constantly find new recruits.

“You don’t have to bodily harm someone,” he said. “Creating a life where they’re afraid, whether it’s Muslim, Jew, immigrant — that’s terrorism, that’s domestic terrorism.”

Meanwhile, Trump and others in his administration openly engage with Holocaust deniers and antisemites. In Florida’s Republican primary races earlier this month, two candidates, Dan Bilzerian and Jake Lang, spouted raw antisemitism. Bilzerian, who lost to a Jewish congressman, had asked his 30 million online followers if Hitler “was a good person.”

Ross, whose father survived the Warsaw Ghetto and Dachau and whose mother survived Auschwitz, said he believes the answer is better education, but that’s “long term.”

I asked him what the short-term solution is.

“Take two people to the polls,” he said. “Get two people in their young 20s who aren’t used to voting, and get them out to the polls. That will change things right now.”

Bilzerian lost badly, but he’s not going away, and neither is the ability to infect minds and harvest hate. The question isn’t whether the far right is more dangerous — Ross has answered that. It’s whether we’re paying attention.

The post The far right is more dangerous to Jews than the far left. A historian explains why. appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News