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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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Most Europeans Consider Antisemitism an ‘Important’ Problem, Say Gaza War Influences Views of Jews: EU Survey

Anti-Israel protesters march in Germany, March 26, 2025. Photo: Sebastian Willnow/dpa via Reuters Connect

Over half of Europeans view antisemitism as a serious problem in their countries, with almost seven in ten saying the war in Gaza influences how Jewish people are perceived, according to a new European Union survey published this week as hostility toward Jews and Israelis across the continent shows no sign of easing.

Released on International Holocaust Remembrance Day, the European Commission’s Eurobarometer, which surveyed some 25,000 respondents, found that 69 percent of Europeans now believe that “conflicts in the Middle East” influence how Jewish people are perceived — up from 54 percent in a previous survey before the conflict.

The data also revealed that 55 percent of respondents consider antisemitism an “important” problem in their home country, with nearly half saying it has grown over the past five years and a large majority warning that hostility toward Jews in public places remains a serious concern.

Western countries, especially those with large Muslim-majority immigrant populations, expressed the greatest concern about rising antisemitism and were most likely to link it to Israel, revealing sharp differences across European Union member states.

For example, only 9 percent of respondents in Estonia said antisemitism was a problem, followed by Finland, Latvia, Malta, and Slovakia ranging from 16 to 21 percent.

However, 70 to 74 percent of respondents in countries such as France, Italy, Sweden, Germany, and the Netherlands saw antisemitism as a serious threat.

“Jewish culture is woven into the fabric of European history. We must protect and nurture this today and well into the future,” EU Commissioner for Internal Affairs and Migration Magnus Brunner said in a statement. 

Today, Europe is home to nearly 30 percent of all Israelis living outside the country — roughly 190,000 to 200,000 people — with their population steadily increasing across the continent, according to a report from the Institute for Jewish Policy Research (JPR).

Yet governments and Jewish security organizations across the continent have documented a dramatic rise in anti-Jewish hate crimes since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023. 

Germany recorded more than 2,000 antisemitic incidents in 2024 — nearly double pre-Oct. 7, 2023, levels. 

In the UK, the Community Security Trust (CST) — a nonprofit charity that advises Britain’s Jewish community on security matters — recorded 1,521 antisemitic incidents from January to June last year. This was the second-highest number of antisemitic crimes ever recorded by CST in the first six months of any year, following 2,019 incidents in the first half of 2024.

France presents a similar pattern. According to the French Interior Ministry, the first six months of 2025 saw more than 640 antisemitic incidents, a 27.5 percent decline from the same period in 2024, but a 112.5 percent increase compared to the first half of 2023, before the Oct.7 atrocities.

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‘You’re Disgusting’: University of Miami Sophomore Harasses ‘Students Supporting Israel’ Campus Group

Kaylee Mahoney, a University of Miami student and conservative influencer who verbally attacked Jewish students on campus on Jan. 27, 2026. Photo: Screenshot.

A sophomore and right-wing social media influencer at the University of Miami on Tuesday verbally attacked a Jewish student group, leading the school to defend free speech while saying that “lines can be crossed” in response.

“Christianity, which says love everyone, meanwhile your Bible says eating someone who is a non-Jew is like eating with an animal. That’s what the Talmud says,” Kaylee Mahony yelled at members of Students Supporting Israel (SSI) who had a table at a campus fair. “That’s what these people follow.”

She continued, “They think that if you are not a Jew you are an animal. That’s the Talmud. That’s the Talmud.”

Mahony can also be heard in video of the incident responding to one of the SSI members, saying, “Because you’re disgusting. It’s disgusting.”

Later, Mahony, whose statements were first reported by The Miami Hurricane student newspaper, took to social media, where she has more than 125,000 followers on TikTok, and posted, “Of course the most evil (((country))) in the world is filled with (((people))) who hate Jesus [sic].”

The “((()))” is used by neo-Nazis as a substitute for calling out Jews by name, which, given the context in which they discuss the Jewish people, could draw the intervention of a content moderator.

Mahony is the head of public relations for the university’s College Republicans and the head of social media for Turning Point Miami, according to her LinkedIn.

The Miami Hurricane reported that, until Tuesday evening, Mahony’s Instagram and Tiktok bios included “Proud Goy” — a term referring to non-Jews.

Students told The Miami Hurricane that Mahony also charged that “rabbis eat babies” while harassing SSI. Nonetheless, Mahony reportedly defended her conduct, saying, “Referencing the disgusting verses of the Talmud is not being antisemitic. Asking someone about the book that they use as their moral compass isn’t antisemitic.”

The Talmud, a key source of Jewish law, tradition, and theology, is often misrepresented by antisemitic agitators in an effort to malign the Jewish people and their religion.

However, the University of Miami did not mention antisemitism in its statement on the incident.

“The University of Miami is aware of the exchange that occurred between students Tuesday afternoon,” the school said in a statement. “We strongly support our students’ rights to freedom of expression. However, we understand lines can be crossed. As such, the university has proactive policies in place to ensure the safety and wellbeing of all students.”

The statement went on to say that the university “remains committed to maintaining a campus environment where every student feels safe, welcome, and supported.”

According to The Miami Hurricane, the College Republicans terminated Mahony’s membership in the club.

Tuesday’s incident comes as right-wing antisemitism is surging in popularity among conservative youth, seemingly in part due to the influence of online influencers such as Nick Fuentes, Candace Owens, and Tucker Carlson.

In September, a conservative magazine at Harvard University published an opinion piece which bore likeness to key tenets of Nazi doctrine, as first articulated in 1925 in Hitler’s autobiographical manifesto Mein Kampf, or My Struggle, and later in a blitzkrieg of speeches he delivered throughout the Nazi era to justify his genocide of European Jews.

Written by David F.X. Army, the article chillingly echoed a January 1939 Reichstag speech in which Hitler portended mass killings of Jews as the outcome of Germany’s inexorable march toward war with France and Great Britain. Whereas Hitler said, “France to the French, England to the English, America to the Americans, and Germany to the Germans,” Army wrote, “Germany belongs to the Germans, France to the French, Britain to the British, America to the Americans.”

Army also called for the adoption of notions of “blood, soil, language, and love of one’s own” in response to concerns over large-scale migration of Muslims into Europe.

In Nazi ideology, “blood and soil,” or Blut und Boden, encapsulated the party’s belief in eugenics and racial purity; the German “Aryans’” right to expand into Eastern Europe to amass new Lebensraum, or “living space”; and the transformation of the German peasantry into an agricultural class which stood in contrasts to Jews, many of whom lived in cities.

Meanwhile, antisemitic hate crimes have spiked to record levels across the US.

Earlier this month, Stephen Pittman, 19, allegedly ignited a catastrophic fire which decimated the Beth Israel Congregation synagogue in Jackson, Mississippi. After being arrested, Pittman confessed and told US federal investigators that he targeted the institution over its “Jewish ties,” according to court filings.

As he allegedly carried out the act, Pittman notified his father of it via text message, saying “I did my research.”

Follow Dion J. Pierre @DionJPierre.

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Anti-Israel Candidates for US Senate Boast Strong Polling Numbers in Michigan Democratic Primary

Mallory McMorrow (Source: Crain's Detroit Business)

Mallory McMorrow, a Democrat running for US Senate in Michigan. Photo: Screenshot

Mallory McMorrow, a vocal critic of Israel’s war in Gaza and a candidate for the US Senate in Michigan, holds a narrow lead over the rest of the Democratic primary field, according to a new poll.

The Emerson College Polling/Nexstar Media survey shows McMorrow, a member of the Michigan state Senate, ahead of the pack with 22 percent of the vote. US Rep. Haley Stevens (D-MI) sits in second place with 17 percent of the vote. Abdul El-Sayed, a physician with an anti-Israel policy platform, holds a respectable 16 percent of the primary vote. 

McMorrow’s lead over the field may spark consternation among supporters of Israel, whose defensive military campaign in Gaza has been characterized by McMorrow as tantamount to “genocide.”

Just days before the anniversary of Hamas’s Oct. 7, 2023, massacre across southern Israel, McMorrow called Israel’s response in Gaza a “moral abomination,” saying it was “just as horrendous” as the attack carried out by Hamas-led Palestinian terrorists, who perpetrated the deadliest massacre of Jews since the Holocaust.

However, in a recent interview, McMorrow indicated tentativeness over her previous condemnation of Israel, admitting that the word “genocide” has become a “purity test” among progressive activists in Democratic primaries. 

“I am somebody who looks at the videos, the photos, the amount of pain that has been caused in the Middle East, and you can’t not be heartbroken,” McMorrow said during an interview earlier this month. “But I also feel like we are getting lost in this conversation, and it feels like a political purity test on a word —  a word that, by the way, to people who lost family members in the Holocaust, does mean something very different and very visceral — and we’re losing sight of what I believe is a broadly shared goal among most Michiganders, that this violence needs to stop, that a temporary ceasefire needs to become a permanent ceasefire, that Palestinians deserve long term peace and security, that Israelis deserve long term peace and security, and that should be the role of the next US senator.”

Conversely, Stevens has established herself as the favorite among pro-Israel Michiganders. Stevens scored an endorsement from the Democratic Majority for Israel in November 2025. In a statement, DMFI praised Stevens as someone who has “stood firm against extremism, antisemitism, and efforts to undermine America’s alliances.”

Stevens has routinely touted her pro-Israel bona fides, vowing to stand beside the closest US ally in the Middle East despite mounting pressure by party activists to cut ties with the Jewish state. The lawmaker promised that if elected she would continue to support legislation which bolsters Israel’s security. 

“As a proud pro-Israel Democrat, I believe America is stronger when we stand with our democratic allies, confront antisemitism and extremism, and keep our promises to our friends abroad and our working families here at home,” Stevens said in a statement. “In the Senate, I’ll keep fighting to protect our democracy, support Israel’s security, ensure the ceasefire holds in Gaza, and deliver for Michiganders in every corner of our state.”

El-Sayed, the most far-left candidate in the race, has been especially critical of Israel’s war in Gaza. On Oct. 21, 2023, two weeks after the Hamas-led slaughter of 1,200 people and kidnapping of 251 hostages in southern Israel, the progressive politician accused Israel of “genocide.” The comment came before the Israeli military launched its ground campaign in Gaza.

He also compared Israel’s defensive military operations to the Hamas terrorist group’s conduct on Oct. 7, writing, “You can both condemn Hamas terrorism AND Israel’s murder since.”

In comments to Politico, El-Sayed criticized Democrats’ handling of the Israeli-Palestinian conflict, arguing that they should become the “party of peace and justice” and said that they “ought not to be the party sending bombs and money to foreign militaries to drop bombs on other people’s kids in their schools and their hospitals.” He called on Democrats to stop supporting military aid for Israel, saying, “We should be spending that money here at home.”

Earlier this month, The Algemeiner reported that El-Sayed is facing scrutiny over his past fundraising and public support for a political advocacy group whose affiliates organized anti-Israel protests at Holocaust memorial sites in Washington, DC, and the Detroit metro area.

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