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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.
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We Should Be Welcoming All Jews and Bringing Them Closer — Despite Religious Differences
Reading from a Torah scroll in accordance with Sephardi tradition. Photo: Sagie Maoz via Wikimedia Commons.
We Jews have always liked to argue about religion, and everything from kashrut to conversion. Often these differences are far from polite. In every branch and variation of Judaism (as elsewhere), there are sects and extremes, iconoclasts and revisionists, insiders and outsiders. It pains me that we seem so incapable of overcoming such differences and conflicts amicably.
There is an axiom in religious life (all religions, not just Judaism) that those more religious than you are fanatics, and anyone less religious is a doomed sinner. The joke may be extreme, but I think we can all relate to the sentiment.
I could never understand why, for many years, the established Orthodoxy was opposed to going to and teaching at Jewish conferences simply because there might also be people there whose ideas about Judaism they did not share. Neither could I understand the argument that one should not go to Reform communities to teach Torah. On the contrary, if they are so misled by their heretical rabbis, surely it would only be beneficial to go and share another point of view — unless one is so insecure that there might be a risk of backsliding.
The Lubavitch movement is successful precisely because it does not prejudge, and regards every Jew as worthy of attention, regardless of background. And on the other side, anyone vaguely familiar with Reform Judaism in Israel and much of the Diaspora knows that much (not all) of it is seriously trying to come to terms with how to get back to a more traditional way of life with more Hebrew and study.
Of course, as a traditionalist, I disagree with those who make light of our religious traditions and laws. But to some extent, we all choose what to focus on and what not to. I can understand communities that want to preserve their specific identities by excluding those who wish to undermine them. But we can still treat others with tolerance and understanding out of simple good manners. We are such a small people, we cannot afford to lose even more people than we do through ignorance and defection. And thank goodness for those of all variations we welcome in with open doors.
I may not agree with much of Reform ideology and ritual, but I also believe Orthodoxy could have and should be much more flexible. I admire a great deal in the Haredi world, but I think they are seriously mistaken over their attitude to serving Israel’s military needs. And I deplore Neturei Karta’s support of Iranian mass murderers, as I do secular Israelis who want to undermine the Jewish State. Opposition comes from both sides.
There is a Talmudic principle that a Jewish child captured by non-Jews, a Tinnok SheNishba, could not possibly be found guilty of breaking Jewish law since he (or she) would have had no positive experiences of it to be able to make a positive decision. The saintly rabbi known as the Chafetz Chaim (Yisrael Meir Kagan 1838-1933) used this to argue that most modern Jews have never experienced the passion and intensity of genuine Torah spirituality, and therefore cannot be blamed for rejecting something they know nothing of. You can only be a genuine heretic if you really know what it is you are rebelling against!
I would welcome anyone, no matter who, from whatever background, who wanted to identify as a Jew, study and participate. They should be welcomed and encouraged to explore the varieties of Jewish experience and decide where they fit in. And we should do our best to draw them closer and help with any problems of integration they might face.
On Pesach, we will read about the four different sons including the “bad one” with different approaches to Torah. But at least they sat around the same table and were participating in the Seder.
We should use Torah to bring Jews closer — including those who have drifted, and the misguided ones — not to insult them and push them further away just because they have a different view than ours.
The author is a writer and rabbi, based in New York.
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Tehran’s Escalation Doctrine: Why Iran Is Targeting the Entire Middle East
Smoke rises after reported Iranian missile attacks, following United States and Israel strikes on Iran, as seen from Doha, Qatar, March 1, 2026. Photo: REUTERS/Mohammed Salem
Iran’s latest missile and drone strikes across the Gulf signal a dangerous strategic shift. What once appeared to be a confrontation primarily between Tehran, Israel, and the United States is rapidly transforming into a wider regional conflict. By conducting military assaults on Saudi Arabia, Qatar, the United Arab Emirates, and Bahrain, the Islamic Republic has effectively widened the battlefield and placed the stability of the entire Middle East at risk.
On March 7, 2026, Iranian President Masoud Pezeshkian publicly apologized to Iran’s Gulf neighbors after Iranian missile and drone strikes triggered air defense alerts in those states. In a televised statement, he expressed regret for the attacks and claimed that Tehran would halt strikes on neighboring countries unless attacks against Iran originated from their territory. But even as he spoke, air defense sirens and missile interceptions were continuing across the Gulf region. Then the government walked the statement back.
For many countries in the Middle East, the contradiction is glaring. Iran’s apology appeared less a genuine effort at de-escalation and more a familiar Iranian tactic: spinning rhetorical damage control while continuing its aggression.
This pattern is hardly new. For decades, the Islamic Republic has pursued a strategy that blends diplomacy, denial, and deception with relentless expansionism. The result is a geopolitical doctrine aimed not merely at confronting Israel or the United States, but at reshaping the entire Middle East under Tehran’s ideological and strategic dominance.
Iranian leaders have long framed their military posture as defensive, but the reality unfolding across the Middle East tells a very different story. Missiles fired toward Saudi territory, drones intercepted over Gulf cities, and attacks linked to Iranian proxies across multiple theaters point to a broader strategy of coercion. Rather than confining its conflict to direct adversaries, Tehran is increasingly pressuring neutral or semi-neutral states in order to expand the battlefield.
The remarks of Muhammad‑Bagher Ghalibaf, speaker of Iran’s parliament, made this explicit. Ghalibaf declared on social media that Iran’s defense doctrine follows the ideological guidance of the Islamic Republic’s revolutionary leadership and warned that peace will remain impossible as long as American military bases exist in the region.
This statement was effectively a strategic threat to every Middle Eastern state hosting American forces. It confirmed what regional leaders have long suspected: Iran views the entire Gulf security architecture, not merely Israel, as a legitimate target.
One of the most striking aspects of Iran’s recent escalation is that it has drawn states into the conflict that were actively attempting to avoid confrontation. Countries across the Gulf Cooperation Council had pursued diplomatic efforts to reduce tensions between Iran and its adversaries. Oman, for example, had played a leading mediating role in discussions surrounding Iran’s nuclear program.
Yet Iranian missiles and drones have now placed these very states directly in the line of fire. Strategically, this approach is baffling. By striking Gulf territories or allowing projectiles to fall near critical infrastructure, Tehran risks transforming potential mediators into determined adversaries. Analysts have long warned that attacks on Gulf states could collapse the region’s delicate neutrality and push Arab governments into closer alignment with the United States and Israel. In other words, Iran’s escalation may be strengthening the very coalition it claims to oppose.
The Islamic Republic’s behavior cannot be understood purely in military terms. At its core lies an ideological framework embedded in the doctrine of Vilayat-e-Faqih: “Guardianship of the Islamic Jurist.” This system, created after the Iranian Revolution, grants ultimate political authority to the clerical leadership rather than elected institutions. The result is a hybrid regime in which electoral politics exist but real power rests with a religious elite that defines foreign policy through ideological confrontation.
For this leadership, regional dominance is not merely a strategic ambition. It is a revolutionary obligation. From Iraq to Syria, Lebanon, and Yemen, Tehran has cultivated proxy networks that extend its influence far beyond its borders. These networks allow Iran to wage asymmetric warfare while maintaining plausible deniability. The expansion of this strategy into the Gulf itself marks a new and dangerous phase.
Iran’s confrontation with Gulf states is not only militarily reckless. It is economically self-destructive. The Persian Gulf and the Strait of Hormuz form one of the most vital arteries of global commerce. Disruptions in the region affect energy markets, maritime trade routes, and strategic industrial supply chains.
Iranian actions that threaten shipping lanes risk destabilizing not only regional economies but also global technological industries. Qatar, for example, plays a significant role in the export of helium, a critical resource used in semiconductor manufacturing and advanced technologies. Any disruption in Gulf logistics reverberates across industries ranging from artificial intelligence to aerospace.
If Tehran’s objective is to impose costs on its adversaries, it must recognize that such disruptions will also inevitably damage Iran itself. Economic isolation, sanctions pressure, and investor flight are predictable consequences of escalating regional conflict. In strategic terms, Iran’s current approach resembles an “economic own goal” — a policy that undermines its own long-term stability.
The Islamic Republic’s external aggression reflects deep internal vulnerabilities. Years of economic hardship, corruption scandals, and political repression have eroded public confidence in the ruling establishment. Anti-government protests have repeatedly shaken the regime, revealing widespread dissatisfaction across Iranian society. The leadership in Tehran therefore faces a familiar dilemma.
Authoritarian systems often attempt to consolidate power by redirecting domestic frustration toward external enemies. Foreign confrontation becomes a tool for internal cohesion. In this context, escalation abroad may serve a political purpose at home: reinforcing the narrative that Iran is surrounded by hostile forces and must rally behind its revolutionary leadership. Yet such strategies carry enormous risk. History demonstrates that regimes relying on external conflict to sustain legitimacy often accelerate their own downfall.
The Middle East now faces a critical strategic question: Will Iran’s campaign of intimidation continue unchecked, or will the threatened regional states coordinate a collective response? The growing convergence of security interests between Israel and several Arab states represents one possible outcome. Iranian escalation may inadvertently accelerate regional cooperation against Tehran’s ambitions. The normalization processes that began in recent years could gain renewed urgency if the Gulf states conclude that Iran’s threats are directed not only at Israel but at the entire regional order.
At the same time, the United States remains a central factor in the strategic equation. In Tehran’s calculus, American military installations across the Gulf serve as both deterrents and potential targets. Iran’s repeated warnings about these bases indicate that the regime views the broader American security architecture as a critical obstacle to its regional ambitions.
Another factor shaping Iran’s future is the question of leadership. The Islamic Republic now faces a profound political vacuum. Despite widespread dissatisfaction with the regime, no unified opposition figure has yet emerged capable of mobilizing the population around a coherent alternative vision. This absence of leadership allows the ruling clerical establishment to maintain its grip on power even as public frustration grows. Yet history suggests that such conditions rarely remain static. The pressures created by economic stagnation, international isolation, and internal dissent can eventually converge to bring about transformative political change.
For Iran, the central challenge is whether a new leadership capable of reconciling the country with its neighbors and the international community will emerge before the current system pushes the region into wider conflict.
The Iranian regime’s recent missile and drone attacks across the Gulf reveal a dangerous strategic reality: Tehran’s confrontation is no longer limited to Israel or the United States. It is evolving into a broader campaign of intimidation against the entire Middle Eastern order.
By targeting or threatening Gulf states that had sought neutrality, the Islamic Republic risks uniting the region against it. By escalating military pressure while offering hollow diplomatic apologies, it exposes the contradiction at the heart of its strategy. And by prioritizing ideological confrontation over economic stability, it places the welfare of the Iranian people at risk.
If the current trajectory continues, Iran will not succeed in dominating the Middle East. Instead, it may accomplish the opposite — driving its neighbors, the United States, and Israel into an increasingly unified coalition determined to contain the ambitions of a regime whose revolutionary ideology has turned regional leadership into a permanent state of war.
Salah Uddin Shoaib Choudhury is editor of the Bangladesh-based publication Blitz and a commentator on Islamist extremism, terrorism, and South Asian geopolitics. A version of this article was originally published by The BESA Center.
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The Truth About Israel’s Wartime Censorship
Fire ignited at the impact site following an Iranian missile strike, amid the US-Israeli conflict with Iran, in central Israel, March 13, 2026. Photo: REUTERS/Gideon Markowicz
“There are censorship laws in Israel.” (NPR)
“Israel has imposed strict military censorship … for decades, but has tightened its restrictions.” (AFP)
“‘We have a partial understanding of the reality on the ground,’ the senior manager admitted. ‘Our coverage of the war is not truthful.’” (+972 Magazine)
Since the US-Israel war against the Islamic Republic of Iran broke out at the end of February 2026, one aspect of media coverage has drawn particular attention — Israel’s military censorship regulations and their effect on what journalists can publish.
While some have claimed that these restrictions are designed to hide the damage caused by Iranian missile strikes, the reality is far less conspiratorial.
As explained by CNN correspondent Oren Liebermann in a recent report, the purpose of Israel’s censorship rules is to prevent the release of sensitive military information that could assist Iran in its ongoing missile campaign.
This includes details such as the precise locations of missile impacts or the positioning of Israeli interceptor systems — information that could help Iranian forces adjust their targeting.
Liebermann notes that the regulations have not prevented CNN or other outlets from publishing footage of attacks, but they do prohibit livestreaming during missile strikes, which could inadvertently reveal operational details in real time.
This aspect of military censorship is separate from Israel’s policy restricting foreign journalists’ independent access to Gaza, allowing entry primarily through embedded tours with the IDF.
In this latter instance, the stated reasoning has not been the risk of publishing sensitive military information, but rather concerns about journalist safety and the potential disruption to ongoing military operations.
As former IDF spokesperson Lt. Col. (res.) Peter Lerner explained:
Indeed in Israel there’s a military censorship that gives guidelines to media on what can or cannot be broadcasted. Mostly around force protection and specific impacts of missile locations so that Islamic Republic cannot confirm targeting.
Here’s how CNN detailed it.
No…— Lt. Col. (R) Peter Lerner (@LTCPeterLerner) March 7, 2026
It should also be noted that Israel’s wartime censorship rules are not limited to journalists. In theory, they apply to civilians as well.
At the beginning of the war, the IDF issued a public warning on X urging Israelis not to share the locations of missile impacts online because such information could assist the enemy (a modern Israeli version of the classic “loose lips sink ships”).
The only difference is that enforcing such restrictions on millions of civilians posting on social media is far more difficult than regulating a much smaller number of professional news organizations.
Israel is not alone in enforcing military censorship of sensitive information during wartime.
As noted by AFP, the Gulf states facing missile and drone threats from Iran have implemented similar censorship measures, with some banning the spread of images of sensitive sites such as missile impact locations, while others restrict the spread of demoralizing or false reports online.
Outside of the Middle East, censorship rules exist in other modern conflict zones, including Ukraine and the Kashmir region between India and Pakistan.
In other words, Israel’s wartime censorship regulations are not an attempt to conceal damage from Iranian strikes or manipulate the narrative of the war.
They are a standard wartime measure designed to prevent sensitive information from helping the enemy — a practice widely used by countries facing active military threats.
The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.
