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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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Mark Mellman, pollster who championed Democrats and Israel, dies

(JTA) — The talk was timed just ahead of the Ninth of Av, one of the most mournful dates in the Jewish year, so Mark Mellman came prepared with a drash — a Torah commentary — and delivered it to a rapt room.

That the room at the 2004 Democratic National Convention in Boston was packed with political operatives, not all of them Jewish, did not seem to matter to Mellman, the veteran pollster pro-Israel voice within the Democratic Party whose death was announced Friday by his family.

For Mellman, Jewish values and Democratic values went hand in hand. As soon as he heard the appreciative murmurs of “yashar koach” (roughly, “well done”) marking the end of his drash, he launched into an endorsement of party presidential nominee John Kerry.

“Mark possessed a profound understanding for American and Jewish history.” the Democratic Majority for Israel, the group he founded in 2019, said in a statement. “His unwavering commitment to Democratic values will continue to guide and inspire us.”

Mellman died after a long illness, his family said in announcing his funeral, which will take place on Sunday in Maryland. They did not give a cause of death or mention his age, although some sources indicate he was born in 1955. 

Mellman joined his first political campaign in 1981, three years after graduating from Princeton and while he was a graduate student at Yale. He successfully managed the congressional campaign of Bruce Morrison, a Connecticut Democrat who unseated a Republican, Larry DeNardis, in the 1982 election.

The upset made Mellman’s reputation and, still in his 20s, he launched a career in Washington as a pollster and a consultant. His company was eventually known as The Mellman Group.

Within a couple of decades he was the go-to pollster, not just for Democrats but for a wide variety of firms, including the NBA’s Washington Wizards, United Airlines and both Pepsi and Coca-Cola.

He never let it get to his head: “The truth is we know damn little about what works in campaigns,” he wrote in The Hill, the insidery Washington newspaper, in 2006. “Most of what passes for evidence in this business is nothing more than dimly remembered anecdote or thinly disguised salesmanship.”

His self-deprecation came through after Kerry lost in 2004. Mellman was the campaign’s pollster. 

“You can’t imagine how much time it takes to lie on the floor in a fetal position, it really takes a lot out of me,” he told a conference a week after the election.

Mellman made himself accessible to Jewish groups, frequently appearing at events organized by the Jewish Federations of North America and at the American Israel Public Affairs Committee, and often opposite a Republican counterpart.

The debate was always friendly, with the understanding on both sides that ensuring the full-throated participation of Jewish Americans in the political process outweighed partisan differences.

“I always respected him and the fact that he was committed to fighting the rise of antisemitism and anti-Zionism in the Democratic Party,” Matt Brooks, the CEO of the Republican Jewish Coalition, told JTA. “Mark put principle over politics. He and his voice will be missed.”

He was sought-after mentor to younger Jewish operatives. “When I started working in Jewish Dem politics and needed a poll, we looked to Mark. When I first spoke at a JCC, I spoke alongside Mark,” Halie Soifer, the CEO of the Jewish Democratic Council of America, said on X. “I learned from and appreciated Mark, and he’ll be deeply missed.”

William Daroff, now the CEO of the Conference of Presidents of Major American Jewish Organizations, recalled that Mellman’s mentorship crossed party lines, when Daroff was the RJC’s deputy director.

“During my own partisan youth, when I was loudly advocating for President George W. Bush and Mark was working just as energetically on the other side, he never treated me as an adversary,” Daroff told JTA. “He cared more about the Jewish community than about partisan labels and made a point of saying that pro-Israel voices in the GOP mattered.”

When Daroff a couple of years later sought to transition to nonpartisan work, applying for the top Washington job at JFNA, Mellman was one of his fiercest advocates. 

“He backed me, he vouched for me, and he helped open doors that I could not have opened alone,” Daroff said. “Mark believed deeply in communal unity, and he acted on that belief.”

Mellman was one of the first to warn fellow Democrats that the obituarywas a trend, not an anomaly.

“It is a small problem that could get bigger,” he told The Forward in 2013.  The numbers then of progressive Democrats holding negative views of Israel were not large, he said, “but you need to address problems when they are small.”

He was proved correct after the 2018 election, which swept into office four Democrats, known as “The Squad,” who made criticizing Israel their brand. A year later he launched DMFI. 

“Our mission at Democratic Majority for Israel is to strengthen the pro-Israel tradition of the Democratic Party, fight for Democratic values and work within the progressive movement to advance policies that ensure a strong U.S.-Israel relationship,” Mellman said then.

DMFI occupied a unique place in the Democratic firmament: Other partisan groups tread lightly in countering adversaries within the party. Mellman and his group did not.

“We’ve got two words in our name that are important,” he told JTA in 2024, when DMFI helped lead the successful effort to oust New York Rep. Jamaal Bowman in a primary challenge. “One is ‘Israel.’ The other is ‘Democratic.’ We believe in the Democratic Party, we believe in a Democratic agenda. We find fault with Jamaal Bowman because he’s anti-Israel, but also because he’s not supportive of a Democratic agenda.”

It was a statement typical of Mellman, who was not afraid to smash taboos. He freely aligned himself with opponents to Israeli Prime Minister Benjamin Netanyahu, crossing a red line for many in the pro-Israel community, who prefer to stay out of Israeli politics. He consuklted with opposition leader Yair Lapid. 

“He was one of the architects of the 2013 election success,” when Lapid’s party, Yesh Atid, barely a year old, earned 19 seats and a place in the governing coalition, “and of the campaign that led to us forming the government in 2021,” Lapid said on X. 

“Mark embodied a love of the strong, successful, democratic Israel we believe in and worked tirelessly to secure the strategic relationship between Israel and the United States,” Lapid said. “His contribution to the Jewish people is far greater than most people will ever know.”

“A world class pollster and advocate for Israel, but a world class mensch, too,” Steve Rabinowitz, a longtime Washington PR maven told the Jewish Telegraphic Agency. “His loss is stunning.” 

The post Mark Mellman, pollster who championed Democrats and Israel, dies appeared first on The Forward.

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Judy Chicago’s feminist art lands in Tel Aviv — igniting a boycott call and hard questions about Israel

(JTA) — TEL AVIV — Judy Chicago may not have been directly involved in organizing two new Tel Aviv exhibits of her work, but the question at the center of one of the shows could not be more relevant amid Israel’s war in Gaza: “What If  Women Ruled the World?”

That’s the title of the Judy Chicago show that opened this fall at the Tel Aviv Museum of Art. It poses that question and other related ones, like “Would God Be Female?” and “Would There Be Violence?” on colorful art quilts. The questions are translated into Hebrew and Arabic, and visitors can record their responses.

“My motivation for bringing this project here, to a public space within the museum, was to shout in the loudest way we have at our disposal — where are the women who would end this war?” said Shahar Molcho, the exhibit curator, over the summer.

It’s a question that has echoed even after the ceasefire that began last month, as Israel’s male leaders have sparred over how to move forward and a new, all-male slate of leaders were chosen for Zionist institutions.

But some argued that the art exhibit should not go up. Just days before “What If Women Ruled the World?” was scheduled to open, a group of Israeli and Palestinian artists wrote to Chicago and her collaborator, artist Nadya Tolokonnikova, urging them to “not artwash the genocide and ongoing ethnic cleansing” in Gaza and the West Bank. The letter invoked Chicago’s feminism and said it would be hypocritical for her to display her work in Israel.

A second exhibit of Chicago’s artwork, on loan from a private collection and surveying the artist’s six-decade career, is on display at at Tel Aviv’s Nassima Landau Foundation through January 2026.

Chicago, 86, declined requests for comment from JTA and other news outlets. Tolokonnikova, a Russian musician and the founder of the feminist group Pussy Riot, told the online publication Hyperallergic that she agrees with the letter but has no control over where the project is shown.

The question of how the world would be different under women’s leadership frames the museum exhibit. But another question has dominated the discourse: Should international artists of Chicago’s stature be showing their work in Israel at all?

Molcho said she had anticipated backlash to the exhibit but was surprised that the condemnation came from Israeli artists, too, including those whose work is or has been on view at the museum, such as David Reeb and Guy Ben-Ner.

“Boycott is between Israel and the rest of the world, not amongst Israelis,” Ben-Ner, a signatory whose solo show at the museum ran through June 2023, told JTA.

The Israeli documentary filmmaker Barak Heymann had never heard of Judy Chicago but signed the letter opposing the exhibit. “Anyone who takes action with the intention to direct international attention at the genocide, and the demand to stop it now, will receive my automatic and almost blind support,” he said.

 

The Tel Aviv Museum of Art is situated just a few hundred feet from Hostage Square, the site of mass demonstrations during the two-year Israel–Hamas war. Molcho said that she and other museum leaders have frequently joined anti-war protests at their doorstep.

State funding accounts for just 2% of the museum budget, with over 45% coming from the Tel Aviv municipality, Tania Coen-Uzzielli, the museum’s director, said.

Coen-Uzzielli said she opposes efforts to boycott Israeli cultural institutions, noting, “If we silence critical voices, we’re just playing the same game being played by those running our country. We should be promoting criticism, dialogue, participation. Culture, at its essence, is about conversation.”

Several signatories said they were unaware that just last year, Chicago herself loaned two preparatory studies she created while working on her 1992 stained glass window, Rainbow Shabbat, to Israel’s Mishkan Museum of Art in Ein Harod, where they remain on display. Days after the Oct. 7, 2023, Hamas attack on Israel, Chicago posted a photo of Rainbow Shabbat on Instagram, writing, “As the panels state: Heal those broken souls who have no peace and lead us all from darkness to light.”

The artist was not directly involved in bringing “What If Women Ruled the World?” to the Tel Aviv Museum. The exhibit is the result of a collaboration between the museum and the New York-based art tech company DMINTI.

This is Tel Aviv Museum’s culminating installation following a year of women-centered solo exhibitions. Inspired by a series of handmade banners Chicago created with the luxury goods brand Christian Dior for a 2020 haute couture show, the museum show comprises 11 art quilts, each posing a different question, a recording booth where “all who share feminist values” are invited to answer the questions, and a film about Chicago’s trailblazing career.

The post Judy Chicago’s feminist art lands in Tel Aviv — igniting a boycott call and hard questions about Israel appeared first on The Forward.

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Mamdani Under Fire for Response to Mob Targeting New York City Synagogue

New York City mayor-elect Zohran Mamdani attends a press conference at the Unisphere in the Queens borough of New York City, US, Nov. 5, 2025. Photo: REUTERS/Kylie Cooper

New York City Mayor-elect Zohran Mamdani is facing intense criticism from Jewish leaders and pro-Israel advocates after issuing a statement that appeared to legitimize a gathering of demonstrators who called for violence against Jews outside a prominent synagogue on Wednesday night.

The protesters were harassing those attending an event being held by Nefesh B’nefesh, a Zionist organization that helps Jews immigrate to Israel, at Park East Synagogue in Manhattan.

“We don’t want no Zionists here!” the group of roughly 200 anti-Israel activists chanted in intervals while waving the Palestinian flag. “Resistance, you make us proud, take another settler out.”

One protester, addressing the crowd, reportedly proclaimed, “It is our duty to make them think twice before holding these events! We need to make them scared.”

Footage on social media also showed agitators chanting “death to the IDF,” referring to the Israel Defense Forces, as well as “globalize the intifada” and “intifada revolution.” Community figures described the scene as openly threatening and a stark escalation of anti-Jewish hostility in New York City.

Mamdani, who was elected the city’s next mayor earlier this month, issued a statement that “discouraged” the extreme rhetoric used by the protesters on Wednesday night but did not unequivocally condemn the harassment of Jews outside their own house of worship. Mamdani’s office notably also criticized the synagogue, with his team describing the event inside as a “violation of international law,” an allegation apparently referencing Israel’s settlement policies in the West Bank. 

“The mayor-elect has discouraged the language used at last night’s protest and will continue to do so,” Mamdani spokesperson Dora Pekec said in a statement on Thursday. “He believes every New Yorker should be free to enter a house of worship without intimidation, and that these sacred spaces should not be used to promote activities in violation of international law.”

Jewish leaders reacted with disappointment, arguing that Mamdani effectively provided political justification for a protest that targeted Jews for participating in a mainstream, fully legal pro-Israel program. Critics said the state assemblymember’s framing implied that the synagogue’s event, not the threatening chants outside, was the real problem, a position they described as deeply irresponsible amid rising antisemitism in the city.

“Do they think this is clever? Telling Jews not to use synagogues to inform fellow Jews about how to move to Israel, which many Jews consider a commandment, because Jews living in Israel violates international law,” wrote Tal Fortgang of the Manhattan Institute. 

Mark Goldfeder of the National Jewish Advocacy Center suggested that Mamdani is failing to secure the safety of all New Yorkers.

“You are already failing on your commitment to protect all New Yorkers. An event to celebrate aliyah is not a violation of international law; it is a protected First Amendment right,” he wrote, referencing the process by which Jews immigrate to Israel.

The World Jewish Congress said the protests “produced scenes early [sic] reminiscent of Kristallnacht,” the infamous Nazi pogroms of November 1938 that terrorized the German Jewish community.

New York Gov. Kathy Hochul (D), who endorsed Mamdani for mayor, strongly condemned the protests. 

“No New Yorker should be intimidated or harassed at their house of worship,” Hochul posted. “What happened last night at [Park East Synagogue] was shameful and a blatant attack on the Jewish community.”

Pro-Israel advocates warned that Mamdani’s response normalizes intimidation of Jewish communities and shifts blame onto victims rather than confronting extremist activists. They also noted that support for making aliyah is a core part of Jewish communal life and expressed concern that an elected official would characterize such programming as grounds for protest, especially one marked by calls for violence.

The controversy has heightened tensions in New York’s Jewish community, with many observers calling Mamdani’s remarks a troubling signal that anti-Israel animus is increasingly being used to rationalize hostility toward Jewish religious spaces themselves.

Mamdani’s political ascendance comes amid a spike in anti-Jewish hate crimes within New York City.

The city has been ravaged by a surge in antisemitic incidents since Hamas’s Oct. 7, 2023, massacre across southern Israel. According to police data, Jews were targeted in the majority of hate crimes perpetrated in New York City last year. Meanwhile, pro-Hamas activists have held raucous — and sometimes violent — protests on the city’s college campuses, oftentimes causing Jewish students to fear for their safety.

Mamdani, a far-left democratic socialist and anti-Zionist, is an avid supporter of boycotting all Israeli-tied entities who has been widely accused of promoting antisemitic rhetoric. He has repeatedly accused Israel of “apartheid” and “genocide”; refused to recognize the country’s right to exist as a Jewish state; and refused to explicitly condemn the phrase “globalize the intifada,” which has been associated with calls for violence against Jews and Israelis worldwide.

Leading members of the Jewish community in New York have expressed alarm about Mamdani’s victory, fearing what may come in a city already experiencing a surge in antisemitic hate crimes.

A recently released Sienna Research Institute poll revealed that a whopping 72 percent of Jewish New Yorkers believe that Mamdani will be “bad” for the city. A mere 18 percent hold a favorable view of Mamdani. Conversely, 67 percent view him unfavorably.

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