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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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A ‘deficit of courage’ killed the free press in Germany. Will American journalists find the courage to thwart Trump?

Paul Reusch was managing director of a major German industrial conglomerate known as GHH, whose holdings included Bavaria’s largest newspaper, the Münchner Neueste Nachrichten.

After two meetings with Adolf Hitler early in 1932, Reusch signed an agreement that the Munich broadsheet would refrain from “all unwarranted and personal attacks against Hitler and individual National Socialist leaders.”

One year later, Hitler lackeys were calling the shots in the newsroom, Jewish journalists had been forced out, and the newspaper was spewing hate propaganda.

The Third Reich brutally smashed free speech. Nearly a century later, it’s America’s Fourth Estate that is getting battered — by Donald Trump’s drive to muzzle his critics by exploiting the greed and hunger for power of corporate media executives.

Scott Pelley’s firing and the turmoil at CBS News are the freshest manifestations of this threat. But it’s been going on since the start of Trump’s second term — witness the craven settlements by ABC News and CBS News of frivolous lawsuits brought by Trump last year, his favored treatment of MAGA-aligned outlets, and his dehumanization of actual journalists.

“The news executives are acting as though, (if) we just placate Donald Trump  we’ll get through this,” veteran TV journalist Jim Acosta said the other day in an interview on MS Now. “We have a deficit of courage and honor in this country right now and we need to get back to it.”

It was a deficit of courage that killed the free press in Weimar Germany. And like Paul Reusch, German media baron Alfred Hugenberg is a case study in corporate submission to authoritarianism.

Hugenberg was a steel executive, ultra-nationalist politician, and owner of some 50 provincial newspapers, of the Telegraph-Union wire service, as well as Ufa, the Third Reich’s largest producer of movies and newsreels. The Great Depression hollowed out Germany’s newspaper market, allowing Hugenberg to use his considerable capital to buy distressed papers and blanket the market with articles calling for an end to democracy.

Hitler’s Nazis and Hugenberg’s German National Peoples’ Party joined forces in 1931 in the Harzburg Front, an attempt to topple Chancellor Heinrich Brüning. Although the alliance ultimately unraveled, it brought huge financial contributions to the Nazis from German industrialists.

After Hitler came to power he struck rapidly to muzzle any dissent, either shutting down newspapers or taking them over to serve as cogs in the Nazis’ propaganda apparatus.

As America nears its 250th birthday, media turmoil is playing into the hands of Donald Trump’s authoritarian ambitions.

Trump’s obsession with silencing truth-writing journalists kicked into overdrive early in his second term, with his banning of The Associated Press, my former employer, from the Oval Office and from Air Force One, the Trump administration dictating who gets to be in the White House press pool, and giving preferential treatment to journalists who ask softball questions or can be relied on to make fawning statements about Trump’s grandiose ideas, as Trump’s personal insults toward journalists — mainly women — pile up in number and in viciousness.

What’s been happening at CBS News and Scott Pelley’s firing are warning signs of moves by Trump to take control of news media and suppress criticism of him. The drama started last summer with CBS’ parent company — Paramount — agreeing to pay Trump $16 million to settle a toothless lawsuit over the editing of a 60 Minutes interview with Kamala Harris. And then came approval by the FCC — led by Trump loyalist Brendan Carr — of Paramount’s merger with Skydance Media.  No quid pro quo here!

David Ellison, the CEO of Paramount Skydance, hired Bari Weiss to lead CBS News. After firing a half-dozen top people at 60 Minutes, Weiss was accused by Pelley of “murdering” the vaunted TV news program and doing Trump’s bidding.

“My impression at the time was that she was putting a thumb on the scale on behalf of the administration. Constantly looking out for the views of the president,” Pelley said in an interview with The New York Times published this past Sunday.

Weiss and CBS News have denied Pelley’s allegations.

There’s more turmoil on the horizon — and more reason to fear the Trump administration will seek to deepen its influence on news operations.

This past February, Paramount Skydance and Warner Bros. Discovery signed an agreement for Paramount to acquire WBD for $110.9 billion, and WBD shareholders approved the merger. Whether the deal goes through is up to regulators. The Trump administration is eager to see Ellison, the son of Oracle CEO and Trump buddy Larry Ellison, calling the shots for CNN. Defense Secretary Pete Hegseth said a few months ago: “The sooner David Ellison takes over that network, the better.”

Ellison has said “editorial independence will absolutely be maintained” at CNN. But the purges at 60 Minutes are hardly reassuring. Jim Acosta maintains that the media conglomerate resulting from the merger of Paramount Skydance and Warner Bros. Discovery “will essentially act like a state media organization in support of Donald Trump.”

There are calls among journalists to show more support for each other, and to stand up to Trump when he personally attacks them. The optics at this year’s White House Correspondents Dinner weren’t great, with journalists giving a warm welcome to a man who regularly calls them “stupid,” “fake news,” “horrible,” “terrible,” among other insults. I wonder how they would have responded had a gunman not interrupted the proceedings and Trump gave a scathing speech about the assembled members of the Fourth Estate.

Acosta and other journalists are urging their colleagues — as well as news executives — to show more backbone.

“They (the Trump administration) are trying to put together a state-dominated media system in this country. And it has to be stopped,” Acosta said.

“There are a lot of journalists who can do something about it, and a lot of corporate executives who can do something about it. “

Acosta is not wrong.

Journalists working in the Third Reich were a mixed bag of Nazi fanatics, sycophants, opportunists, and career professionals who may have felt queasy about collaborating with the Nazis but kept quiet about it.

Resistance could have fatal consequences. Fritz Gerlich, editor of the Munich-based newspaper Der gerade Weg (The Straight Path), was murdered at Dachau. Erwein von Aretin, political editor at the Münchner Neueste Nachrichten, was also hauled off to Dachau, but survived. Editors and reporters at the Münchener Post, a pro-democracy newspaper owned by the Social Democrats, were rounded up, jailed, and after their release ostracized and forced to live in penury, a story I tell in my book Enemy of The People: The Munich Post and The Journalists Who Opposed Hitler.

German journalists never put up any serious resistance to Hitler’s suppression of the free press at least partly because most of the populace had turned against democracy.

American journalists are in a different situation, one far less perilous than that of their German colleagues. They might lose access to administration officials by standing up to Trump, perhaps forfeit their seat at press conferences to MAGA media, be banished from Air Force One, suffer juvenile insults from Trump, or anger their corporate bosses.

But today’s journalists need to ask themselves this: Isn’t standing up for democracy worth more than a seat in the briefing room?

While interviewing Trump on Meet The Press this past Sunday, Kristen Welker showed how it should be done, persisting in holding Trump to account. When Welker challenged Trump’s claims of election rigging by Democrats, he exploded.

“We’re like a Third World country,” he yelled at Welker. “Your elections are crooked. And you’re crooked, and Meet the Press is crooked, and so is ABC and CBS and CNN.”  Red-faced, Trump stood up and stormed out

The post A ‘deficit of courage’ killed the free press in Germany. Will American journalists find the courage to thwart Trump? appeared first on The Forward.

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YiddishPOP can bring more diversity to American Jewish education

Every Sunday morning, a group of families in Stockholm, Sweden, meets in a local school to create handicrafts, do gymnastics — and learn Yiddish.

Katka Mazurczak, the instructor of this grassroots group called The Yiddish Club, told me that the families seem to really enjoy the weekly Yiddish immersion. One of the resources she uses is YiddishPOP, a free online animated and game-based learning tool that features short episodes about a young teenager named Nomi, her robot sidekick Moby and her friends.

I’ve known about YiddishPOP for years and often share its videos with my grandchildren. The episodes cover topics that are familiar and easy for children to relate to. In one, a friend of Nomi’s finally scores a basket. In another, Nomi and Moby laugh as they look at their comical reflections in funhouse mirrors.

Each story is accompanied by a video clip presenting the new vocabulary and grammar, interactive games and a multiple choice quiz.

“Children love YiddishPOP,” said Mazurczak, who also uses the program when teaching kids in more formal school settings like the Stockholm Jewish Hillel School, known as Hillelskolan. “It has captivating graphics, clear speech and the movie goes at a good pace. Some episodes are really funny and kids laugh out loud.”

Part of the appeal of YiddishPOP, particularly for beginners, lies in Moby’s slapstick antics. I too find myself laughing during those scenes.

In a time when seeking diversity has become a main focus in schools across America, Jewish educators might want to consider introducing young students to the multi-faceted language and culture of Ashkenazic Jewry, using a contemporary language learning tool like YiddishPOP.

Teaching the Yiddish language through animation and interactive games helps it come alive for children, depicting it as a natural, even cool way to express Jewish identity, rather than stereotypically sending the language to the dustbin of history.

One school that has tried out YiddishPOP is the Krieger Schechter Day School in Baltimore, MD. When the school piloted the program with its third-grade class last year, the director of the lower school, Toby Kaplowitz, was impressed.

“Though students had just four sessions, they were truly engaged and walked away with both a sense of the language and an appreciation for its connection to their Jewish learning,” Kaplowitz wrote in an email. Krieger plans to continue using YiddishPOP with these same students, as they transition to fourth grade.

Last year, YiddishPOP began distributing $500 microgrants to help teachers and parents bring the Yiddish program to schools. Dana Yudovich Katz, a teacher at Kehillah High — a supplemental program for students in grades 8–12, run by the Jewish Federation of Greater Houston — was the first recipient. She added YiddishPOP to a course she had initiated with the teens called TAM: A Taste of Yiddish Language and Culture. Tam is Yiddish for “flavor.”

Most of the students came away from using YiddishPOP with a positive feeling towards the language. As one student in Yudovich Katz’s class told her: “The film was good at using the words in a way I could understand because it was just slow enough.”

The YiddishPOP team is now working on teacher materials that will make it easier for people without a background in Yiddish or language teaching to use YiddishPOP. Teachers and school administrators who’d like to apply for a YiddishPOP microgrant can do so here until July 31.

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UK Jewish leaders demand answers after Muslim police group paper calls Zionism a form of hatred

(JTA) — British Jewish groups say they are alarmed about revelations that a fraternal society for Muslim police officers published a policy paper that described Zionism as a form of anti-Muslim hatred and called the Israeli army a “Zionist terrorist group.”

The Board of Deputies of British Jews called the paper posted by the National Association of Muslim Police “disturbing” in its presentation of Jewish identity, history and the nature of antisemitism.

“If this is being circulated among officers, it poses a direct challenge to the integrity of policing and it should be withdrawn immediately,” the group said.

NAMP has distanced itself from the report and, in a statement, rejected any allegation that the group “supports Hamas.”

The 39-page paper titled “From Past Prejudices to Present Policies: Confronting anti-Muslim hatred and Promoting Human Rights,” was written by NAMP’s then-vice president, Khaldoun Kabbani, and published in July 2025. It says “Zionism represents one of the manifestations of anti-Muslim hatred”; likens the war in Gaza to the Holocaust; and disputes facts about Hamas’ Oct. 7, 2023, attack on Israel, including that Israeli children were killed.

The Spectator, a right-wing British newspaper, drew attention to the report in a piece published on Friday that said the report illuminated “the disturbing truth about the National Association of Muslim Police.” The group has a formal affiliation with 16 of 43 police departments in the U.K. and says it represents more than 20,000 officers.

Kabbani, a forensics officer, was briefly the chair of the Scottish Muslim Police Association but planned to move abroad after retiring earlier this year, according to a post by the group on LinkedIn.

The revelation of the NAMP report comes at a time of heightened tension over policing in the U.K., amid both a surge in anti-Jewish crimes and a renewed uproar over a December murder that has fueled allegations of “two-tier policing” that treats some victims differently from others. The Spectator referenced the victim, Henry Nowak, in the column about NAMP.

The NAMP report has spurred distress for many British Jews who are on edge amid a string of violent incidents targeting Jewish communities. The Campaign Against Antisemitism, a watchdog group, said its polling shows that 83% of British Jews do not think the police are doing enough to protect them — and that the report suggested their concerns were well founded.

“The people responsible for publishing this extremist screed on the official police.uk web domain are unfit to be police officers and must be immediately investigated by their respective forces’ professional standards departments and dismissed,” Steven Silverman, CAM’s director of investigations and enforcement, said in a statement.

“British Jews have long suffered two-tier policing that sees antisemitic crime go unpunished,” he said, adding that CAM would press the British government “ensure a clear message is being sent. This cannot pass with the document being quietly deleted.”

The report was removed from NAMP’s website over the weekend. The group distanced itself from the report in a statement published on Tuesday, saying that it had removed the report “immediately” after learning about its existence and emphasizing that the author was “no longer associated” with NAMP.

“We understand that the publication of this document has affected several communities, and we regret any concern, discomfort, or misunderstanding it may have caused,” the group said.

It added, “NAMP categorically does not ‘defend’ Hamas or any other proscribed organisation. We condemn all forms of terrorism and extremism.”

The document is “deeply troubling,” a spokesperson for the Jewish Leadership Council, which coordinates British Jewish groups, said in a statement.

“This document appears to falsely associate an ideology held by the majority of Jewish people as a threat to Muslims. It also engages in deeply troubling Holocaust inversion and denial of some of the worst atrocities carried out by Hamas on October 7th,” the spokesperson said. “At a time of rising antisemitism including violent attacks on British Jews, this document further threatens community cohesion and police forces should be clear in distancing themselves from it.”

The Board of Deputies of British Jews said it plans to speak with the “relevant” government and police departments to discover the paper’s provenance, how it’s being used and “how to ensure that the valued relationships of trust between British Jews and the police are not being undermined.”

The Metropolitan Police of London, the largest police department in the U.K. and a formal NAMP affiliate, declined to comment on the report. The department has recently stepped up policing in Jewish communities in an effort to stem antisemitic violence.

The post UK Jewish leaders demand answers after Muslim police group paper calls Zionism a form of hatred appeared first on The Forward.

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