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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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‘We’re saying ‘no’ to Mamdani’: Orthodox teens demonstrate outside Gracie Mansion  

In a sea of kippot and black skirts, more than 200 Orthodox middle school and high school students gathered outside Gracie Mansion on Friday, conducting morning prayers and giving speeches.

“I like protesting against Mamdani,” Rami Fishman, a 16-year-old student, told the Forward. “He’s not a great guy. I’ll take an opportunity to speak out against him.”

Prominent Modern Orthodox preparatory schools Ramaz and SAR organized the gathering with Congregation Kehilath Jeshurun, the synagogue that sponsors the institutions. Organizers said that comments Mayor Zohran Mamdani made over the summer attacking AIPAC and Israel drove their efforts. Rabbi Bini Kraus, principal of SAR, said the experience was also intended to teach students about “their civic responsibilities.”

“It’s fun,” Fishman said. “We’re praying and we’re saying ‘no’ to Mamdani.”

Fishman, a junior at SAR, said he liked waking up late and he was enjoying meeting students from another school. Kraus told the Forward students were missing three periods by participating, but noted prayer is part of the school’s curriculum and the gathering wasn’t taking away from their studies.

Students and parents could opt out, with Kraus noting some declined to participate. Nearly 400 alumni and members of Congregation Kehilath Jeshurun signed a petition against the gathering.

Photo by Molly Myers

In their speeches, students touched on fears of antisemitism, being proud Jews and supporting Israel openly. One 8th grader called on Mamdani to prioritize the safety of the Jewish community.

Neturei Karta, a Haredi group that opposes Zionism, protested against the student group by waving Palestinian flags, chanting and holding signs in support of Mamdani. The NK group chanted “Antizionism is not antisemitism,” and called for Israeli Prime Minister Benjamin Netanyahu to be arrested during his visit to New York next week. Mamdani, who campaigned on arresting Netanyahu, recently acknowledged he does not have the authority to do so.

Michael Rapaport, an actor and staunch supporter of Israel, came to support the students saying it was “moving,” and “not a political statement.”

“These are kids,” Rapaport told the Forward, “they can’t even vote. This is a beautiful, beautiful, beautiful prideful thing.”

Vigil? Demonstration? Protest?

Organizers did not describe the gathering as a form of protest, instead referring to it as a vigil or communal prayer. However, the event involved classic hallmarks of a protest. A handful of participants waved or wore Israeli flags, and organizers acquired a permit for noise amplification.

“Our students have been going out for decades, really, when things matter,” Kraus said.

He noted he demonstrated for Soviet Jewry when he was a student at the school.

A reporter asked Mamdani about the demonstration at a press conference Wednesday.

“I welcome them,” he said. “They can have a vigil, or I’ve heard some describe it even as a ‘protest.’ Whatever it is intended to be, they have the room and space to do so outside of Gracie Mansion. I think that at the time that they are there, I will probably be somewhere else across the city.”

Rabbi Chaim Steinmetz, senior rabbi at Kehilath Jeshurun, said Thursday, “That’s the right response.”

Kraus, however, said he hoped the mayor would change his mind and attend. If he did, he would hear singing, praying and concerns “expressed respectfully.”

“Maybe that will move him,” Kraus said.

Some alumni and parents opposed the demonstration

The petition against the demonstration stated, “This gathering needlessly inflames tensions between the mayor and the Modern Orthodox Jewish community, as opposed to inviting him into conversation as a potential ally working for the shared safety of all New Yorkers.”

Much of the signatures are anonymous, with only school and class year listed.

The petition also said the schools risked portraying the Modern Orthodox community “as a political monolith opposed to the mayor.”

“They don’t want it to look like the Modern Orthodox community is a monolith, but the Modern Orthodox community really is a monolith on this,” Steinmetz said. “The Modern Orthodox community is, by and large, quite Zionist and really takes the security and safety of the state of Israel very seriously.”

A 2024 poll conducted by Nishma Research found 94% of the Modern Orthodox community identifies as Zionist, compared to 51% of Haredi Jews.

Halachic Left, an observant organization that says its members have “deep connections” to institutions in the Modern Orthodox community, helped circulate the petition. In a statement to the Forward, the organization insisted there is a “full range of views in the Modern Orthodox community on Israel, Zionism, and Mayor Mamdani.”

“The mayor has shown a willingness to respect and speak with our community,” read the statement. “We should be partnering with and engaging the mayor rather than castigating or insulting him.”

The post ‘We’re saying ‘no’ to Mamdani’: Orthodox teens demonstrate outside Gracie Mansion   appeared first on The Forward.

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I love ‘Seinfeld’ — why doesn’t the rest of my generation?

Seinfeld had a mythic presence in my childhood. The show went off the air three years before I was born, but that didn’t stop it from permeating my psyche.

When I was little, growing up in Bethesda, Md., my parents would regale me with summaries of their favorite family-friendly episodes. There’s the one where George quits his job in a huff, then shows up the next day and simply pretends he never quit. Or when Elaine runs out of toilet paper, only to have the woman in the next stall refuse to “spare a square” — a scene that prompted my mom to start carrying tissue paper in her purse.

Around middle school, I finally became old enough to watch Seinfeld myself. I recorded the reruns that aired on TBS on our DVR and set out to watch every episode, eager to see the stories that had become a part of my family lore.

Suddenly, all the times my dad warned me against the perils of “double dipping” made more sense. (See: Season 4, Episode 19, “The Implant,” when George gets into a fight at a funeral reception for putting a half-eaten chip back into the communal dip).

I had never felt quite so represented by a piece of media: the dry humor, the cynical outlook, the blunt banter, the overbearing parents. It all felt like home.

The Jewishness of Seinfeld was undoubtedly part of the appeal. It wasn’t just that Jerry was Jewish; it was the sensibility — the neuroses, the kvetching, finding the comedy in life’s everyday absurdities. The characters felt like caricatured versions of my craziest relatives.

My affection for the show was strong enough that I skipped a classmate’s bar mitzvah party to see Jerry Seinfeld perform stand-up live at the Kennedy Center in Washington, D.C. I don’t remember any specific jokes he told that night, just how wowed I was that Seinfeld was just as funny in person as on TV.

But explaining my newfound obsession to my peers, I was often met with blank stares. Few of my friends had watched Seinfeld at all. Those who tried an episode on my advice reported back that they found the show dated. Yet the lack of interest could not be explained by a lack of nostalgia for ’90s TV; those same friends came to love Friends and Sex and the City.

This Gen Z disinterest in Seinfeld seems to extend beyond my inner circle: A 2022 YouGov survey of 1,000 adults found a generational divide in the Seinfeld fandom: 14% of 18- to 29-year-olds said they loved the show, versus 22% of those 30 to 44, 27% of those 45 to 64 and 32% of those 65 and older.

To be sure, Seinfeld still has its young fans, as evidenced by the show’s continued life in memes and modern riffs on the plots. But that enthusiasm seems to stop short of the broad, mainstream appeal the show once commanded. Today, shows like The Office or Parks and Recreation seem like the cultural touchstones that Seinfeld once was.

So why hasn’t Seinfeld caught on more with my generation? I have a few theories.

For one, much of the humor in Seinfeld revolves around awkward situations: a date gone wrong, an annoying friend you can’t get rid of, a social obligation you can’t escape. Whether trapped in conversation with a “close talker” or endlessly waiting for a table at a Chinese restaurant, the characters are constantly stuck in situations they’d rather avoid.

But modern technology has made it increasingly possible to live a frictionless existence. Awkwardness has become less relatable and more readily labeled “cringe.” Instead of asking someone on a date in person, just use the apps. Instead of breaking up, ghost. Want to avoid the Soup Nazi’s wrath? Just order Uber Eats.

Indeed, Kramer’s entire character is more difficult to imagine today. He’s constantly barging into Jerry’s apartment unannounced, eating out of his fridge and answering his landline phone. But Americans have grown less connected to their neighbors over time; only a quarter of young adults regularly interact with those who live around them — a sharp drop from 51% of young adults in 2012.

Another reason may have to do with how my generation watches television. Today, the entire series is on Netflix, alongside thousands of other shows competing for our attention. Contrast that with my parents, who watched Seinfeld one episode at a time as it aired, every Thursday night over Chinese takeout.

Famously dubbed the “show about nothing,” Seinfeld isn’t especially suited to binge-watching. There’s no need to watch the episodes in order. There are no major cliffhangers, and any romance is fodder for jokes rather than character development.

Some of the disconnect may also be cultural. When Seinfeld first aired, NBC Entertainment President Brandon Tartikoff — a New York Jew himself — famously worried that the show was “too New York, too Jewish” to connect with a wider American audience.

“Who will want to see Jews wandering around New York acting neurotic?” he asked.

Evidently, many people did. But amid rising antisemitism, I wonder whether Jewishness has lost some of its cultural cachet.

These days, it seems increasingly difficult to enjoy a Jewish artist’s work without being asked to account for that artist’s views on Israel. Seinfeld’s outspoken support for Israel after Oct. 7, along with his inflammatory comments comparing the pro-Palestinian movement to the Ku Klux Klan, have prompted calls to boycott his acts. Ironically, the exception to this rule seems to be the invincible Larry David, who has managed to escape cancellation perhaps because his comedic persona is built around being the butt of every joke.

Of course, it’s also possible that Seinfeld is just old. The laugh track is annoying. The production quality looks unmistakably ’90s. Its references are dated.

But I’d hate for a new generation to write off Seinfeld. So if you’re under 30 and not already a fan, watch a few episodes. You can start with my favorite: “The Marine Biologist.” Once you get to the punchline, maybe you’ll see some of what I see in the show.

Or, maybe, I’m just an old soul. Not that there’s anything wrong with that!

The post I love ‘Seinfeld’ — why doesn’t the rest of my generation? appeared first on The Forward.

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An Israeli poet was scheduled to do a reading in New York. Then her publisher called. 

It was supposed to be a party to celebrate the revival of a nonprofit poetry press and to welcome a beloved Israeli poet back to an America quite different from the one she visited decades ago.

But politics in that new America intervened, canceling the party.

Hamutal Bar-Yosef, a contemporary icon of Israeli poetry, had planned to be in New York City this week to read from the new English translation of her collection The Miraculous Mistake. 

Bar-Yosef’s book is one of three volumes coming out this fall by Sheep Meadow Press, an American nonprofit that had been dormant since its founder, renowned Jewish poet Stanley Moss, died in 2024.

The scheduled reading was also part of a new chapter for Poets House, a national poetry library and meeting place in Manhattan, which, after a four-year hiatus sparked by the pandemic, reopened in 2024 and began offering rental space.

But as conversations about the upcoming event unfolded, Greg Miller, the new head of Sheep Meadow, grew concerned. Bar-Yosef, who is 86, had just received one of Israel’s most prestigious literary awards, the Bialik Prize for a lifetime of achievement in poetry. But not everyone at Poets House seemed enthusiastic about welcoming her, he told the Forward.

Given her elevated profile and the anti-Israeli climate now pervading the literary world, Miller called off the event. He said select staff from the Poets House offered to help him find a new venue in the spring.

“As a result of this conversation and others it was important for someone who is representative of Israel right now to have security,” Miller said. “And so I made the decision we were going to postpone and find a more appropriate venue, the right spot for her that will give her the audience she deserves.”

Courtesy of Sheep Meadow Press

Poets House did not respond to the Forward’s inquiries. Bar-Yosef declined to be interviewed for this story.

Sheep Meadow and Poets House have a long history, going back 40 years since Sheep Meadow founder Moss also helped found Poets House as a place that “exists to create a welcoming home for poets, poetry readers and for those who are exploring poetry.”

Moss, whose Almost Complete Poems won the National Jewish Book Award for Poetry in 2016, founded Sheep Meadow Press in 1977 as a nonprofit press with a particular focus on international poets in translation.

Thursday’s event was going to feature a reading of poems from Soon, Moss’s final collection of poems completed in his 99th year. Miller also planned to share the stage with Bar-Yosef to read from his own new collection Green Runs Through It.

Moss and Bar-Yosef appeared together for a reading at the 92nd Street Y when Sheep Meadow published an English translation of Night, Morning, one of her nine poetry collections.

But much has changed for Israeli and Jewish authors since then and especially since the Israel-Hamas War began on Oct. 7, 2023. According to a PEN America report published in July, editors have increasingly ignored submissions, rejected them outright or asked agents not to submit Israeli authors in the future.

Miller said it comes down to what the word Zionism means for audience members. Bar-Yosef believes in a homeland for the Jewish people and the state of Israel, Miller said. For years, she has helped transport Palestinian children from the West Bank to hospitals inside Israel. She has Palestinian family members. A prolific prose writer, literary scholar and translator, at least three of her poetry books have been translated into Arabic. She also has published in journals that include Arabic and Hebrew writers.

But because others have imposed their own meaning on the Z-word, finding a safe and welcoming space in the U.S. for an Israeli to read poetry free of indictment has become a challenge.

“I don’t want to be the shillelagh of the left or the right,” Miller said. “I don’t want Hamutal to be that either.”

Bar-Yosef’s latest collection of verse, originally published in Hebrew in 2020, explores grief through the various losses in her life including the death of her older brother in the War of Independence, the suicide of one of her sons, the murder of family members in the Shoah and choices that have become clear long after the fact and too late to right the wrongs.

“It is poetry that addresses harsh realities directly, eschewing pathos and sentimentality, and refusing to hide behind musicality or fluidity—qualities that can otherwise veil the blemishes and scars of reality,” one reviewer wrote in Haaretz when the original Hebrew edition was released in 2020.

A description of the collection by its distributor, Wesleyan University Press, describes it as “a glimpse of holy solidarity, of a time, perhaps some 500 years in the future, where there will be no need for steel doors and bomb shelters” – a reference to the poem Five Hundred Years, which opens with: “It’s hard to believe, but five hundred years ago people like us had slaves.”

It ends with: “That is how they will talk about wars and terrorist attacks as a way of settling disputes or salvaging pride after five hundred more years, perhaps even less.”

The post An Israeli poet was scheduled to do a reading in New York. Then her publisher called.  appeared first on The Forward.

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