Uncategorized
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.
Uncategorized
Jewishness found me on my European vacation
To visit Europe is to look at many old, stone churches. My recent trip was no exception, but a few things set our tour of Geneva’s Cathédrale Saint-Pierre apart.
The most obvious difference between it and your typical Notre Dames and basilicas is aesthetic: Saint-Pierre is a Protestant church at the hub of John Calvin’s ministry in the Old Town. There’s no crucifix or stations of the cross and the stained glass eschews biblical scenes, a rebuke of Catholic extravagance. An exception is a small adjoining chapel.
Our Swiss guide gave us the name of this alcove, the burial place of Cardinal Jean de Brogny: Chapelle des Maccabées.
I assumed she was giving some French term for “tomb” that shared a root with “macabre.” I was wrong. The chapel, whose gorgeous, 15th-century stained glass depicts the Evangelists, the Last Supper and Jesus seeming to teach what may be the first-ever CCD class, is one of the few Christian structures to boast an explicitly Jewish name. (The Book of Maccabees, replete with martyrs, is part of the Catholic canon, not the Protestant.)
As for that ghoulish word “macabre,” linguists believe it to be a cognate with the name of the Hasmonean rebels, perhaps a reference to many of their grisly fates.
I should say now that when I am on vacation I don’t seek out Jewish landmarks. A lot of times there isn’t much to see: a street sign clinging to the name of a ghettoized population long-since liquidated, an old cathedral built on top of an even-older synagogue, a museum in a basement in Barcelona.
When I arrived in Paris before setting sail on a Rhone river cruise, my
fiancée, her family and I paid a visit to the Shoah Museum there. English-speaking Chabadniks tried to get me to wrap tefillin while I waited in line at L’as Du Fallafel, the kosher-certified institution in the Marais. Nearby we found a Hellenic-themed juice bar — Temple du Jus — which boasts an ancient sandstone wall with inscriptions in Greek and Hebrew (next to a chintzy, fake Ionic column).
France boasts the largest population of Jews in Europe, mostly now from North Africa. There are synagogues in Avignon and Lyon, but on this trip, the less obvious markers were the ones that kept asserting themselves. There was the Rue Léon-Blum in Arles, named for the three-time prime minister of France. Geneva has Rue Albert-Cohen, for the Corfu-born Swiss novelist.
Montreux in Switzerland has a resplendent statue of the resort town’s longtime resident Freddie Mercury, arguably the world’s most-famous Zoroastrian. But when we visited, the construction workers building the Christmas village behind the Queen frontman were listening to Leonard Cohen’s “Suzanne.” (If you stop inside the shopping mall right near it, you’ll find Cohen’s name on the tiles, marking his 1976 performance at Montreux’s Jazz Festival.)
Our hotel breakfast had a version of chocolate babka, part of their “luxury collection,” with a posted explanation of the “sweet braided bread which originated in the Jewish communities of Poland and Ukraine.”
Our second evening in Geneva we went to a chalet-themed fondue restaurant called Edelweiss. There, a Swiss accordion player sang the establishment’s eponymous, invented folk song of Austria penned by a duo of Jewish Americans in English for The Sound of Music.
In the city hosting the UN’s base in Europe, and before that the League of Nations, such an international display was maybe unsurprising, but what struck me more is that it felt so natural.
For years now, watchdog groups have been fearing for the future of European Jewry amid increasing attacks and widespread pro-Palestinian protests. This assessment, rooted in valid concern, at times marches in lockstep with a far-right hostile to immigrants from the Muslim world. That alarm comes at times from the very same parties, and in the case of the National Assembly’s Marine Le Pen, the same family, that once leveled their xenophobia at Jews.
What I saw on my petit tour was a kind of cultural victory that will be harder to shake, even as French and British Jews continue to make aliyah in record numbers. It would perhaps shock those who lived through World War II that so much of the so-called national character, to which new arrivals are being labelled a threat, is now so casually Jewish. Emphasis on the “ish.”
For the most part, this Jewishness blends with the dominant culture, forming the soundtrack to builders putting up their Christmas market, giving the name to a Catholic tomb attached to a Protestant landmark or sitting on the buffet table a few stations away from cured ham. It is at times imported, at times native, like Serge Gainsbourg, or naturalized like Albert Cohen.
It’s not going anywhere, and if you’re paying even the slightest attention, it’s hard to miss.
The post Jewishness found me on my European vacation appeared first on The Forward.
Uncategorized
Christianity won in the midterm elections — but not Christian nationalism
The midterms saw the election of many new Jewish congressional representatives — Brad Lander in New York, Daniel Biss in Illinois, Scott Wiener in California, Zach Dembo in Kentucky. But another group was surprisingly well-represented in the Democratic wins: Christian pastors.
For decades, Christian clergy have usually been associated with the Republican party, thanks to evangelical groups like James Dobson’s Focus on the Family, Jerry Falwell’s Moral Majority and Pat Robertson’s Christian Coalition. They have rallied Evangelical support for politicians around culture war issues like opposing abortion rights and gay marriage, and white Evangelicals have been one of the defining voting blocs for Republicans ever since.
In 2024, fundamentalist evangelicals voted overwhelmingly for Trump, and they have been influential members of his cabinet and advisory team. Paula White-Cain, a charismatic Christian, is Trump’s personal faith adviser. Defense Secretary Pete Hegseth is a member of an ultra-conservative denomination called the Communion of Reformed Evangelical Churches founded and led by Doug Wilson, a pastor who has said women should not have the right to vote and that slavery was good; Hegseth has instituted prayer services at the Pentagon, something once considered a violation of the separation of church and state, and he and his preferred preachers often promote Christian nationalism in the services.
But in the 2026 midterms, the pastors and seminarians who won their races were overwhelmingly Democrats. And they were not Evangelical — they were mainline Protestants.
This includes James Talarico, a seminarian currently enrolled in the Austin Presbyterian Theological Seminary, who defeated Ken Paxton for the Texas Senate seat; Adam Hamilton, a United Methodist minister who became the first Democrat elected to the Senate from Kansas since 1932; and Rev. Sarah Trone Garriott, who won her House race in Iowa.
The shift in American Christianity that these wins represent, of mainline Protestantism over fundamentalist evangelicalism, may sound esoteric — both groups are, technically, Protestant, after all. And it can get confusing; Garriott’s mainline Protestant denomination is called the Evangelical Lutheran Church in America.
But the difference between the two Christian movements is essential to understanding the appetite for, and power of, Christian nationalism in the U.S., and represents Americans’ changing relationship to Jews and Israel.
What is mainline Protestantism?
The term mainline — or, sometimes, oldline — Protestant emerged in the early 20th century, during a debate between an emergent fundamentalist church movement and more modernist denominations. It referred to a historical group of churches that were influential in earlier American history, known as the Seven Sisters of American Protestantism.
But more colloquially, the term refers to a broader set of churches that share a theologically liberal style of scriptural interpretation, a focus on ecumenism — or acceptance and understanding among different Christian movements — and, usually, a progressive-leaning politics focused on social justice.
While mainline Protestants do not vote as a liberal bloc, the theology is less focused on culture war issues like abortion and LGBTQ+ rights; instead, they center the Social Gospel — a form of theology oriented toward loving thy neighbor and serving the poor. Most mainline churches allow women to be pastors and are accepting of LGBTQ+ members.
For much of American history, these churches were also the mainstream of American Christianity; they were the churches associated with WASPs and with wealthy, influential families like the Rockefellers. In 1970, mainline denominations accounted for 30% of Americans.
But in the 1970s, with the rise of major political evangelical organizations and leaders like Jerry Falwell, the balance of power shifted, and conservative, fundamentalist churches began to gain power. By 2024, only 14% of Americans identified as mainline Protestants according to the Pew Research Center; 23% identified as evangelical.
But judging by the midterms, mainline Protestant progressivism might be making a comeback.
Mainline Protestantism squares off against MAGA fundamentalism
The battle between fundamentalism and progressive mainline churches was not an undercurrent in many midterm campaigns; religion was an overt theme of attacks from the right on the Democrat pastors, and Republicans repeatedly cast doubt on the legitimacy of the Democrat’s Christianity.
In the race for Iowa’s second congressional district, Republican candidate Joe Mitchell jeered at the Christianity of the mainline Protestant ministers running for a variety of seats, including his opponent, Presbyterian minister Lindsay James, who ran as a Democrat.
“I call them PINOs,” Mitchell said at a conference; the term, he explained, means “pastors in name only.”
Republicans ripped Garriott, also a pastor, as “the wicked witch of Woke” and denounced her preaching as “fake.” Zachary Nunn, who lost to Garriott, took a similar tone in lambasting his opponent.
“I don’t need a lecture from someone who pretends to preach from the pulpit,” the Republican said in May during a Des Moines campaign rally with Republican Vice President JD Vance.
Talarico — who is not ordained but is a current seminary student, and who centered Christianity in his campaign — was meanwhile castigated by evangelical Republicans for statements they called un-Christian, such as saying God is “nonbinary.”
His rival, Paxton, castigated his theology, saying Talarico’s beliefs are “literally the opposite of Christianity,” while Texas’ Lieutenant Governor, Dan Patrick, said he has “never seen anyone commit so much blasphemy against the word of God and the Bible” and that the now-senator-elect was “going to Hell.”
At a service in a CREC church — Hegseth’s ultra-conservative denomination — a night was devoted to preachers inveighing against Hamilton’s Christian bonafides. Pastors called on the Democratic candidate in Kansas, a preacher at a large United Methodist congregation, to “repent” for his teachings, including that non-Christians aren’t going to hell. Vance accused him of wearing Christianity as “a skin suit.”
The Democratic pastors’ voting records, such as James’ support for gender-affirming care for minors or Talarico’s support for abortion access, were also framed as damning evidence of fake Christianity by Republican evangelicals.
Meanwhile, the ordained Christian Democratic candidates were open about their hope to reclaim Christianity from Republicans. Talarico made similar accusations to his critics, saying that “Christians in the halls of power are blatantly violating the teachings of Christianity on a daily basis and hurting our neighbors in the process.”
Garriott even stated that the representation of Christianity in Republican politics upset her so much that it motivated her to run for office to offer a different Christianity. “Faith has something to say to politics. And what we are seeing labeled as the faith perspective is not faithful to me,” she said in an interview with Religion News Service earlier in her campaign.
A Christian repudiation of Christian nationalism
Numerous members of Trump’s administration are outspoken Christian nationalists. Hegseth has a Crusades tattoo, and his preacher, Doug Wilson of the CREC, opposes the right of non-Christian Americans to hold office. Numerous architects of Project 2025, which advocated for a government imbued with “biblical principles” are members of the administration. JD Vance has stated that “Christianity is America’s creed.”
For religious minorities in the U.S., however, the mainstreaming of open Christian nationalism has been worrying; the Christianity pushed by these Christian nationalist figures has roots in antisemitism and Islamophobia, and imposing a version of religion that does not allow for diverse beliefs feels dangerous.
For many of these conservative Christians, supporting Christian nationalism is synonymous with being a devout Christian; they equate biblical values with morality, and advocating for a moral country is simple obedience to their beliefs. Not all Christians believe this is part of their religion, however; the mainline Protestants who just swept the midterms preach a Christianity that is overtly opposed to Christian nationalism.
Garriott has preached about the topic directly, saying that “evangelicalism, from a Christian nationalist perspective, is trying to make the nation, the government, and everyone the same.” She argued that her faith requires a diverse republic founded on ecumenism.
Talarico has similarly argued directly against Christian nationalism: “I believe the separation of church and state is sacred. I think a nation with one supreme religion is not just un-American, I also think it’s un-Christian, given how Jesus taught about religious supremacy,” he told Ezra Klein of The New York Times. “I have a special moral responsibility to combat Christian nationalism wherever I see it.”
This repudiation of Christian nationalism from within the majority religion of the U.S. is an essential defense for the minority religions of the U.S. And it comes from the ecumenism at the heart of mainline Protestantism. Though ecumenism historically focused on Christian unity, and acceptance of other denominations of Christianity, the theological bent toward nonjudgment — instead of conservative evangelicalism’s fire and brimstone — opens doors toward interfaith dialogue. Mainline Protestants are capable of antisemitism, of course, but the less literal theological interpretation that defines the movement helps keep minds open.
There is one detail of mainline Protestantism that may concern some Jews, however. Evangelicals have long been a source of stalwart support for Israel, thanks to the conservative movement’s eschatology, which focuses on the End Times when, it teaches, Jews must all return to the Holy Land in order for Jesus to return. In the past several decades, evangelicals who subscribe to this apocalyptic theology, including the current ambassador to Israel, Mike Huckabee, Christians United for Israel founder John Hagee and Texas senator Ted Cruz, have referenced their Christianity as grounds for supporting Israel unconditionally.
Mainline Protestantism has its roots in churches founded before this form of dispensationalism was popularized, and they are therefore less attached — at least theologically — to the state of Israel. And though most of the Democratic ministers are moderate on Israel, that’s far from the hawkish pro-Israel template for religious politicians that has previously been defined by evangelicals.
Still, in 2024, Americans voted for an evangelical, conservative, Christian nationalist government. That made for a government full of people defending their right to say that Jews killed Jesus, to post the Ten Commandments in schools, to make Christian prayer a part of military service. And in the midterms, the vision of Christianity the Republican party promoted couldn’t even accept other Christians, much less minority religions.
But that’s not what Christianity has to be. In 2026, Americans voted for a different Christianity: one that is tolerant of other religions, values and viewpoints. That can only be good for the Jews.
The post Christianity won in the midterm elections — but not Christian nationalism appeared first on The Forward.
Uncategorized
Video: The queen of Yiddish cabaret
אַן אינטערוויו מיט דער אָנגעזעענער ייִדישער זינגערין, אַקטריסע און שרײַבערין עלענאָר ריסאַ איז לעצטנס אַרויפֿגעשטעלט געוואָרן אויף יוטוב.
אינעם שמועס געפֿירט פֿון אלי בענעדיקט פֿון דער ייִדיש־ליגע, דערציילט ריסאַ וועגן אירע ערשטע טריט אויף דער בינע, די מענטשן און פֿאָרשטעלונגען וואָס האָבן אויסגעבויט איר קינסטלערישן וועג, אירע אויפֿטריטן איבער דער וועלט, און דעם אופֿן ווי זי בויט אַ מוזיקאַלישע פּראָגראַם און קלײַבט אויס לידער. זי רעדט אויך וועגן איר בליק אויף דער צוקונפֿט פֿון ייִדיש־טעאַטער.
ריסאַ איז אַ געבוירענע ייִדיש־רעדערין פֿון פּויליש־ייִדיש, קאָן דער ווידעאָ אויך דינען ווי אַ גוטער לערן־מיטל פֿאַר ייִדיש־סטודענטן וואָס ווילן הערן אַ נאַטירלעכן ייִדיש.
עלענאָר ריסאַ איז אַן אַמעריקאַנער אַקטריסע, רעזשיסאָרין, דראַמאַטורגין און זינגערין, און ייִדיש איז איר מאַמע־לשון. זי איז אויפֿגעוואַקסן אין ברוקלין, די טאָכטער פֿון צוויי לעבן־געבליבענע פֿון פּוילן. אין משך פֿון לאַנגע יאָרן האָט זי געשפּילט, רעזשיסירט און געשאַפֿן סײַ אין ענגלישן, סײַ אין ייִדישן טעאַטער, און איז געווען די קינסטלערישע מיטדירעקטאָרין פֿון דער פֿאָלקסבינע.
זי האָט אויך געשריבן, רעזשיסירט און איבערגעזעצט אַ ריי פּיעסעס און מוזיקאַלישע פּראָגראַמען. אין די לעצטע יאָרן פֿירט זי דעם פּאָדקאַסט “Those Who Were There” בײַם פֿאָרטונאָף־אַרכיוו אין יעיל־אוניווערסיטעט און אַרויסגעגעבן אַ בוך זכרונות, The Letters Project.
The post Video: The queen of Yiddish cabaret appeared first on The Forward.
