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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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Pioneering restaurant chain Taïm closes, outlets padlocked for unpaid taxes

Taïm Mediterranean Grill, a pioneering fast casual Israeli food chain, is closing locations across the country, after New York State issued warrants for hundreds of thousands of dollars in unpaid taxes.

The restaurant, founded by Israeli-American celebrity chef Einat Admony and now owned by the Illinois-based conglomerate Craveworthy Brands had expanded across New York, Washington D.C., and Chicago. Last week, pictures of two of New York City locations appeared on social media, with signage saying they had been seized by the state for nonpayment of taxes.

In an email to the Forward, a representative for Admony wrote that “she is unable to comment on the current status of the chain,” having not been involved with it since 2022.

When Admony first opened Taïm in New York’s West Village in 2005, it was one of the city’s first fast casual Mediterranean options. Zagat and New York Magazine gave the restaurant rave reviews, and lines formed outside the door.

Taïm opened its second location in 2012, and in 2018, former Chipotle executive Phil Petrilli and business partners invested in the restaurant and led its expansion across the country. By that time, Taïm faced a more crowded market, competing with Miznon, another Israeli fast casual creation by celebrity-chef Eyal Shani, and Cava, a Mediterranean bowl restaurant.

The restaurant switched ownership in 2024 when Craveworthy Brands bought Petrilli’s restaurant platform. But a year later, the state of New York issued dozens of tax warrants to Taïm-related entities at multiple locations. Some stores closed ahead of the recent round of state seizures.

The state has held both Pitrelli and Craveworthy’s CEO, Gregg Majewski, responsible for taxes owed. Pitrelli is currently suing Majewski, alleging that under their merger agreement, Majewski and Craveworthy are liable for all debts incurred by Taïm.

In his lawsuit, Pitrelli alleged the Taïm outlets owed $632,000 in unpaid taxes. Majewski did not respond to a request for comment; the Forward has reached out to his attorney.

Since the Hamas-led October 7 attacks on Israel, Taïm, which is Hebrew for “delicious,” has received some pushback. It has appeared on boycott lists and posts, criticizing it for being “Israeli owned,” even though its current owner is not Israeli. In a recent Instagram post noting the closure, users took to the comments to criticize the restaurant for being Israeli. However, a push to boycott Taïm specifically has not received as much widespread attention from the BDS movement as Goldie, a Philadelphia chain run by celebrity chef Michael Solomonov that recently closed six locations.

The restaurant currently brands itself as “Mediterranean,” though in the past it hashighlighted its Israeli background.

Others criticized Taïm for reasons unrelated to geopolitics. “They ruined that place when they changed the menu and made it like a big chain fast casual place,” one FoodNYC Redditor commented.

“Place has been going downhill for years, I’m not surprised,” another said.

The post Pioneering restaurant chain Taïm closes, outlets padlocked for unpaid taxes appeared first on The Forward.

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Antisemitism flourishes amid cultural and historical illiteracy. Classrooms should be a cure.

School will be back in session before we know it. A smattering of the headlines in the final weeks of the last academic year, coinciding with Jewish American Heritage Month in May, suggest that fighting antisemitism in educational environments will remain a monumental challenge.

They include a lawsuit against the nation’s largest teachers’ union for encouraging discrimination against Jewish teachers and students, a Texas private school displaying maps of the Middle East erasing Israel, swastikas scrawled on multiple school grounds in Massachusetts and in Georgia, and — just a few blocks from my child’s former school, which has had its own share of such issues — a flag bearing the hate symbol billowing over New York University.

The scene in the streets this summer has been arguably as bleak. Hate crimes against Jews are on the rise, even as rates of other major crimes fall. In response to the stabbing of a Jewish man in a kippah as he exited the Jewish Center on Manhattan’s Upper West Side, Democratic congressional nominee Micah Lasher implored Mayor Zohran Mamdani to do more than react with the requisite expressions of empathy and promises of increased security, but to “take the temperature down” rather than foster a climate that jeopardizes Jewish safety.

Taking the temperature down is exactly what’s in order. We need proactive, preventative action from our political leaders, in New York City and beyond, to transform an environment in which antisemitic attacks still comprise the majority of hate crimes, and harsh words can too often combust into violence.

The good news is that we have a ready-made place to continue this urgent work: classrooms. As an educator, I have a strong sense of how historical and cultural illiteracy are far more rampant than unrepentant antisemitism, and that this is where we must focus our educational efforts in a more deliberate way than we currently do.

Ignorance provides antisemitism, an insidious shapeshifter that infects and unifies the otherwise polarized political right and left, with a powerful accelerant. Yet the only times when K-12 students might encounter Jewish experiences are in a Holocaust unit — mandated in 29 states — or in an antisemitism training, often introduced reactively after an incident. Neither approach addresses a generalized illiteracy about Jewish identity and experience that allows this hatred to fester. These traditional methods of “fighting antisemitism,” including in classrooms, are important but inadequate.

Rather than teaching about Jews primarily as targets of hatred — the obvious organizing principle of many lessons on the Holocaust and antisemitism training — it is crucial that students learn about Jewish identities and experiences as inextricable from our broader national narratives. When Jews are understood as full members of the polity, and as diverse participants in every historical era — as labor organizers and industry leaders, fashion designers and film directors, athletes and intellectuals — it becomes much harder to caricature us as evil or outsiders, or to render us invisible.

Such historical accuracy, rigorous source analysis, and a spirit of cultural inclusiveness, is the ethos of the New York City public schools’ Hidden Voices: Jewish Americans in United States History curriculum materials, for which I serve as lead scholar. Volume 1 is out now, and Volume 2 will be released later this fall.

A two-volume collection of profiles, original sources, guiding questions, and analytical essays written and reviewed by experts, the free materials enable history and social studies teachers to enrich existing lessons, or to create entirely new units of study.

Rich narratives about individuals illuminate broader historical eras, whether organizer Clara Lemlich on Progressive Era labor legislation, Supreme Court Justice Louis D. Brandeis on transformed legal approaches to monopoly, or Dr. Ruth Westheimer’s advocacy for sex education, to name a few. Moreover, Hidden Voices explores how each individual’s Jewishness shaped their contributions to American society.

Rather than just sprinkling in a few Jewish figures into existing narratives, “Portrait of an Era” essays show how integrating stories of both luminaries and lesser known Jews nuances and challenges dominant historical frameworks – like “the Civil Rights Era,” or “Postwar America” –  in ways that render history more accurately, and more interestingly.

For example, what does it say about the early national period of a country founded on religious freedom that Rabbi Isaac Leeser worried Jews would become “Christianized,” and thus offered sermons in English, while simultaneously advocating for the “Judaization” of American Jews? Or, how is the notion that American Jews “became white” after World War II challenged by the fact that the first, and only, Jewish Miss America, Bess Myerson, sparked a torrent of complaints to pageant organizers, was disinvited from various appearances, and was encouraged to choose a less Jewish name (she didn’t)?

Hidden Voices is no hagiography — history as hero worship — even as one of its aims is to challenge negative stereotypes. Since students might only encounter one of these profiles throughout their studies, we were especially judicious in selecting individuals that highlight the complexity of history and of humanity. For example, Spaniard Luis de Caravajal y de la Cueva, whose family converted to Roman Catholicism but secretly practiced Judaism under the threat of death, arrived in the New World to advance colonization. Yet he used this position to rescue other persecuted conversos. Many years later, we profile Groucho Marx, who with his brothers indelibly shaped the worlds of vaudeville and film, new industries where Jews found success in part because antisemitism excluded them from more established ones.

Emphasizing Jews’ role in U.S. history at large is crucial, but so is educating about the specificity of Jewish experience, from the momentous — including the Holocaust and Israel’s founding – to the everyday, like mainstreaming blue jeans and bagels and establishing overnight camps. Cultural topics are especially powerful teaching tools, for students are often less guarded in discussing food or fashion than when grappling with the most fraught political questions. Given so many current conversations about Jews now turn to Gaza, Hidden Voices decenters this conflict to offer a wider lens on a diverse people too often unhelpfully decontextualized.

Why isn’t a more robust Jewish-American history curriculum already a staple in more schools, especially given how largely other identities loom in our classrooms and our culture? Indeed, Hidden Voices — which has covered race, ability, and other categories — has existed since 2018 in New York City, home to the largest population of Jews outside of Israel, and yet the project I lead was only commissioned in late 2023, spurred by Oct. 7. While Volume 1 has been downloaded 200,000 times, and encouraging reports of teachers using the materials are rolling in, integrating these Jewish stories into the study of U.S. history and culture remains optional.

Multiple factors account for this relative absence of Jewish stories in the teaching of American history, in New York City and nationwide: foremost, the widespread, reductive assumption that identity and power in the United States operate around a Black-white binary, with Jews on the white, privileged side, and thus not a marginalized group worthy of attention. Similarly, many identity-based frameworks focus on “underrepresented” groups, which Jews — despite comprising a tiny minority — are not. Lastly, many such curricula are introduced due to parental advocacy, but Jewish Americans have largely expended such energy on building a Jewish education network outside the public system.

Overlooking Jewish American history and experience intensifies both antisemitism and historical illiteracy, and must be addressed. While Hidden Voices may appear to “just add Jews” into a Diversity, Equity and Inclusion framework, it actually represents a subtly, but substantially, different intervention. First, the argument for such programs is often for people to “see themselves.” While I hope Jewish schoolchildren feel affirmed by such visibility, that aim is profoundly parochial. Learning the history of Jews — or Latinos, LGBTQ people and others — is not primarily valuable in order to cultivate particularistic pride, a dubious aim for a secular school in a pluralistic society. Rather, it is to equip all students to navigate our shared society with evidence, empathy, and universalism. Actually, a Jewish history curriculum arguably stands to be most valuable in districts without Jews at all, but ample room for antisemitism to fester unchecked by interpersonal experience.

I understand the skepticism of staking our hopes on a better future for Jewish Americans in educational institutions; I’ve been a vocal critic of how alienating these places have been to many since 10/7. To be sure, education is no magic pill, and ignorance is not our only enemy. Avowed antisemites and ideologues exist in K-12 and college classrooms, as in all professions, and they too demand our unsparing attention. But for the vast majority of Americans with scant awareness of Jewish history or experience, teaching and learning about Jews as integral to this nation’s past and present is a new, and potentially powerful intervention. We owe it to each other to pressure our politicians and our public schools to at least try it.

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What does DSA actually want? Its national co-chair can’t say.

It’s been a heady couple of months for the Democratic Socialists of America. Candidates the organization rallied behind ousted establishment Democrats in New York, Michigan, Colorado and Wisconsin state primaries. Pundits who doubted the movement last year are now eating crow.

With the DSA having forced its way into the spotlight, national co-chair Megan Romer went on The New Yorker Radio Hour podcast to share what the movement is all about. But the interview has elicited an online backlash — and some ridicule — after Romer said she would have attended an Oct. 8 protest and that she would have sought to stop Russia’s advance in Ukraine through diplomacy.

Just as damning to some viewers was Romer’s reluctance to provide specifics on a number of DSA policy positions when pressed for them by New Yorker editor David Remnick.

The backlash to the interview put Romer on the defensive. The day after its publication the national co-chair called Remnick a “debate bro” who had tried to make her look and feel stupid during the conversation. Remnick, a Pulitzer Prize–winner and former Moscow correspondent for The Washington Post, has edited The New Yorker since 1998.

“Luckily lots of practice keeping my temper in check when debate bros are well-actually’ing me, tho it still flusters me,” Romer wrote Saturday on X. “I am def particularly sensitive when people are actively trying to make me look/feel stupid and it can throw me off my game.”

The interview highlighted a challenge that faces the organization as it gains members and breaks through on the Democratic stage: Translating its rallying cries into the gritty work of partisan politics — or, for the candidates DSA champions, getting things done while remaining true to the movement’s ideals.

The New Yorker’s David Remnick Photo by Dominik Bindl/Getty Images

Nowhere was that clearer than Romer’s talking points on Israel. Romer said the organization’s position was “a free Palestine with a capital in Jerusalem, and so I think that can safely be read as a one-state solution.” When Remnick asked her if DSA would have supported the proposed terms of the Camp David summit in 2000, had the Palestinians accepted it, Romer said: “Good question — I’d have to actually look at what the specifics there were.”

(The exact terms discussed at the summit are in dispute, but most agree it would have involved a separate Palestinian state with a capital comprising several Palestinian neighborhoods in Jerusalem.)

A testy exchange followed around Romer’s stance on the Hamas-led attacks of Oct. 7, 2023.

Asked whether she supported New York congressional primary winner Darializa Avila Chevalier in attending a “pro-Hamas” rally on Oct. 8, Romer said yes — she would have gone herself.

“If you put people in an open air concentration camp, and you deprive people of rights, of dignity, of food, of the ability to live in safety,” Romer said, “you have to expect that they are going to not take that for that long. And that is not defending any harm of civilians or of non-combatants.”

Remnick replied, “Well, sure it is — you said you’re supporting it.”

Romer said, “I’m saying that I think it was inevitable.”

On issue after issue, Remnick pressed Romer for details and found few.

  • Romer said DSA wanted to “tax the hell out of millionaires” but demurred on what that would mean in practice.
  • Romer said she believed in open borders, but not in “throwing the gates open.” When Remnick asked if that wasn’t just immigration reform — which is to say the Democratic policy platform — Romer replied, “It means reforming the system we have while we rethink the system, while we build this new one from the ground up, and then hopefully eventually flipping the switch.”
  • Romer said she did not believe in sending arms to support Ukraine in its war against Russia. She asked Remnick, “Why aren’t we doing any amount of actual diplomacy? Why aren’t we doing any amount of actual sending actual human beings to talk to human beings?” Remnick pointed out that there had been many attempts of diplomacy, “however failed,” since the beginning of the war.
  • Remnick asked Romer what she meant when she said she believed in prison abolition. She answered that the safest communities were not ones with cops on every corner, but ones with “good schools, good jobs, good park systems, good recreation for their teenagers, things like that. Those are the safe communities.”
  • As for her support for defunding the police, Romer said she was “not in favor of getting rid of police entirely tomorrow” but that she supported decreasing their budgets until a point where social services were sufficiently funded.

For the most part, Remnick — trying to fit Romer into a 30-minute podcast slot — let Romer’s answers speak for themselves whether they answered his question or not. But he did hint at a broader argument in one of his final questions, about the DSA’s position in favor of abolishing the U.S. Senate.

Given the scant likelihood of such a measure passing, Remnick asked, didn’t it distract from policy goals that were more likely to succeed?

“I don’t think so,” Romer replied. “I think taking principled positions tells people that you’re principled, and I think we see voters really responding to that, and we see people saying, ‘Oh, you’re actually thinking about the systems.’”

The post What does DSA actually want? Its national co-chair can’t say. appeared first on The Forward.

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