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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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Stephen Spielberg wins Grammy, becoming 9th Jew in elite EGOT ranks
(JTA) — The legendary director Stephen Spielberg has become the ninth Jew to secure “EGOT” status after winning a Grammy for producing a documentary about the music of John Williams.
Spielberg was awarded the Grammy for producing “Music by John Williams,” which won best music documentary, before the televised ceremony on Sunday. The win makes him the 22nd person to win the coveted quartet of Emmy, Grammy, Oscar and Tony awards.
Spielberg has won three Oscars, including best picture for the 1993 Holocaust drama “Schindler’s List”; four Emmys for TV programming including two World War II dramatic miniseries; and a Tony for producing the Broadway show “A Strange Loop.”
Spielberg adds to a large proportion of Jewish artists to win all four of the top entertainment awards. Nine of the 22 EGOTs have been Jewish, including the first person to ever reach the status, composer Richard Rodgers. Rodgers and Marvin Hamlisch, who was also Jewish, are the only people to have added a Pulitzer Prize to the EGOT crown. The most recent Jewish winner before Spielberg was the songwriter Benj Pasek, who secured the status in 2024 with an Emmy.
One of Spielberg’s more celebrated recent works was a drama based loosely on his own Jewish family. “The Fabelmans,” released in 2022, earned him three Oscar nods — for best picture, best director and best screenplay — but no wins.
In promoting that movie, Spielberg said antisemitic bullying when he was a child had informed his sense of being an “outsider,” which he translated into his filmmaking.
“Schindler’s List,” meanwhile, spurred the creation of the USC Shoah Foundation, a leading center for preserving Holocaust testimonies that has also recently embraced the task of preserving stories of contemporary antisemitism, too.
“It was, emotionally, the hardest movie I’ve ever made,” Spielberg said about his most decorated movie — for which John Williams earned an Oscar for the score. “It made me so proud to be a Jew.”
The post Stephen Spielberg wins Grammy, becoming 9th Jew in elite EGOT ranks appeared first on The Forward.
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A border official mocked an attorney for observing Shabbat. Orthodox lawyers say the issue is not new.
Gregory Bovino, the Border Patrol official who led immigration raids in Minneapolis, reportedly mocked the Jewish faith of Minnesota’s U.S. attorney during a phone call with other prosecutors in mid-January. According to The New York Times, Bovino complained that Daniel Rosen, an Orthodox Jew, was hard to reach over the weekend because he observes Shabbat and sarcastically pointed out that Orthodox Jewish criminals don’t take the weekends off.
The call took place at a moment of extreme tension in Minneapolis, as federal agents under Bovino’s command carried out an aggressive immigration crackdown that had already turned deadly. It came between the fatal shootings of Renée Good and Alex Pretti, both killed during enforcement operations, and amid fierce backlash from local officials and residents.
Bovino made the remarks in a derisive, mocking tone, the Times reported, casting Shabbat observance as a point of ridicule. Bovino had already drawn national attention for frequently wearing an olive double-breasted greatcoat with World War II-era styling, leading some critics to call him “Gestapo Greg” and accusing him of “Nazi cosplay.” Bovino, who pushed back on those comparisons, has since been reassigned.
Rosen, a Trump nominee, was confirmed as Minnesota’s U.S. attorney in October 2025 after a career in private practice and Jewish communal leadership. He has said that rising antisemitism helped motivate his decision to take the job, and that prosecuting hate crimes would be a priority for his office.
For many Orthodox Jewish lawyers, Bovino’s alleged remarks were not surprising. They echoed a familiar challenge: explaining that Shabbat — a full day offline — is not a lack of commitment, but a religious boundary that cannot be bent without being broken.
In a profession that prizes constant availability, that boundary can carry consequences. Some lawyers say it shows up in subtle ways: raised eyebrows, jokes about being unreachable, skepticism when they ask for time off. Others say it has shaped much bigger decisions, including how visibly Jewish they allow themselves to be at work.
David Schoen, an Orthodox criminal defense attorney who served as lead counsel for President Donald Trump during his second impeachment trial, said he has long been mindful of how religious observance is perceived in the courtroom.
“I have made a conscious decision not to wear my yarmulke in front of a jury,” Schoen said, explaining that jurors often “draw stereotypes from what they see.”
Those concerns were reinforced by experience. Schoen said he has noticed a “definite difference in attitude” from some judges depending on whether he wore a yarmulke. In one case, he recalled, a Jewish judge pulled him aside during a jury trial and told him she thought he had made the right choice — a comment Schoen said he found disappointing.
For Sara Shulevitz, a criminal defense attorney and former prosecutor, the Bovino episode brought back memories from early in her career.
Orthodox and the daughter of a Hasidic rabbi — now married to one — Shulevitz said her unavailability on Jewish holidays was often treated as a professional flaw rather than a religious obligation. “It held me back from getting promotions,” she said.
In court, the scrutiny could be blunt. “I was mocked by a Jewish judge for celebrating ‘antiquated’ Jewish holidays,” she said, recalling requests for continuances for Shemini Atzeret and Simchat Torah. In another case, she said, a judge questioned her request for time off for Shavuot and suggested she had already “taken off for Passover.”
When another judge assumed Passover always began on the same day in April, “I had to explain the Jewish lunar calendar in the middle of court while everyone was laughing,” she said.
Not every encounter, Shulevitz added, was rooted in hostility. Sometimes judges simply didn’t understand Orthodox practice. When she explained she couldn’t appear on a Jewish holiday, judges would suggest she join the hearing by Zoom — forcing her to explain that Orthodox Jews don’t use electrical devices on Shabbat or festivals.
The misunderstanding often slid into a familiar assumption. “They think you’re lazy,” she said. “It’s not laziness. Any Jewish woman knows how much work goes into preparing for Passover.”
Rabbi Michael Broyde, a law professor at Emory University who studies religious accommodation, said that Bovino’s alleged “derogatory remarks” are “sad and reflects, I worry, the antisemitic times we seem to be living in.”
He added that the criticism of Rosen reflected a basic misunderstanding of how law offices operate, calling it “extremely rare” for a lawyer’s religious practices to interfere with their obligations, especially when senior attorneys delegate work and courts routinely grant continuances.
“No one works 24/7,” Broyde said.
The episode echoed a similar Shabbat-related incident during Trump’s first term. In his 2022 memoir, former Trump trade adviser Peter Navarro described how a group sought to undermine Trump son-in-law Jared Kushner’s role in the 2020 campaign by scheduling a key White House meeting with Trump on a Saturday, knowing Kushner — who is Shabbat observant — would not attend. Navarro titled the chapter recounting the episode, “Shabbat Shalom and Sayonara.”
The tension between Jewish observance and public life is not new. Senator Joe Lieberman, the first observant Jew to run on a major-party presidential ticket, famously walked to the Capitol for a Saturday vote and ate fish instead of meat at receptions. His longtime Senate colleague Chris Dodd joked that he became Lieberman’s “Shabbos goy.”
Still, Schoen said, visibility can cut both ways. During Trump’s impeachment trial, while speaking on the Senate floor, he reached for a bottle of water and instinctively paused. With one hand holding the bottle, he used the other to cover his head — a makeshift yarmulke — before drinking.
The moment was brief, but it did not go unnoticed. In the days that followed, Schoen said he heard from young Jewish men and businesspeople who told him that seeing the gesture made them feel more comfortable wearing their own yarmulkes at work.
The attention, he said, was unexpected. But for some in the Orthodox community, it became a source of pride.
“I felt honored,” Schoen said.
My guess in all seriousness is that he normally wears a yarmulke and this was reflex. Schoen is modern Orthodox so that would make sense. But I defer to @jacobkornbluh https://t.co/MkKx6W03v2
— Jake Tapper 🦅 (@jaketapper) February 9, 2021
Jacob Kornbluh contributed additional reporting.
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Deni Avdija becomes first Israeli to be selected as an NBA All-Star
(JTA) — Portland Trail Blazers star Deni Avdija’s meteoric rise has officially reached a new stratosphere, as the 25-year-old forward has become the NBA’s first-ever Israeli All-Star.
Avdija was named an All-Star reserve for the Western Conference on Sunday, an expected but deserved nod after the northern Israel native finished seventh in All-Star voting with over 2.2 million votes, ahead of NBA legends LeBron James and Kevin Durant. Avdija’s breakout performance this season has earned him repeated praise from James and others across the league.
Avdija’s star turn began last year in his first season with Portland, when he further captured the adoration of Jewish fans across Israel and the U.S. But he took another step forward this season, averaging 25.8 points, 6.8 assists and 7.2 rebounds per game. His points and assists clips are by far the best of his career, and rank 13th and 12th in the NBA, respectively. He’s considered a front-runner for the league’s Most Improved Player award.
For close observers of Israeli basketball, Avdija’s All-Star selection is the culmination of a promising career that began as a teenage star with Maccabi Tel Aviv and made him the first Israeli chosen in the top 10 in an NBA draft.
“Deni Avdija being named an NBA All-Star reserve is an unbelievable achievement in the mind of every Israeli basketball fan,” Moshe Halickman, who covers basketball for the popular Sports Rabbi website, wrote in an essay for the Jewish Telegraphic Agency. “This is a dream come true for many — a dream that became realistic and even a must-happen during his breakout season — but something that in his first five seasons in the NBA never came across as something that was going to be real.”
Halickman, who has covered Avdija in Washington, D.C., and in Israel, wrote that Avdija is not only considered the greatest Israeli hooper of all time, but perhaps the best athlete to come out of Israel, period.
Oded Shalom, who coached Avdija on Maccabi Tel Aviv’s Under-15 and Under-16 teams, echoed that sentiment in a recent profile of Avdija in The Athletic.
“Even though he is only 25, I think he is Israel’s most successful athlete in history,’’ Shalom said. “We’ve had some great gymnasts — and I hope everyone forgives me for saying it, because we’ve had some great athletes — but I think Deni has become the greatest.”
Avdija’s ascension has also come against the backdrop of the Gaza war and a reported global rise in antisemitism, which he has said affects him personally.
“I’m an athlete. I don’t really get into politics, because it’s not my job,” Avdija told The Athletic. “I obviously stand for my country, because that’s where I’m from. It’s frustrating to see all the hate. Like, I have a good game or get All-Star votes, and all the comments are people connecting me to politics. Like, why can’t I just be a good basketball player? Why does it matter if I’m from Israel, or wherever in the world, or what my race is? Just respect me as a basketball player.”
Now, Avdija’s talents will be on display at the NBA All-Star Game, on Sunday, Feb. 15, in Los Angeles.
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