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
John Lithgow wins Tony Award for portraying Roald Dahl in ‘Giant,’ about Roald Dahl’s antisemitism
(JTA) — The actor John Lithgow won his third Tony Award on Sunday for his depiction of the writer Roald Dahl as an antisemite.
Lithgow stars as Dahl in “Giant,” which opened on Broadway in March. The play, which originated in London in 2024, depicts ultimately unsuccessful efforts to get Dahl to rein in antisemitic comments he made about the 1982 Israel-Lebanon war.
Lithgow’s award for best leading actor in a play recognized what he has said was an effort to portray Dahl as emotionally complex, a man who had suffered grave losses and was kind to those close to him yet baldly antisemitic in his criticisms of Israel.
“Who knows where antisemitism or any bigotry comes from. In playing the role, I just looked for the damage,” Lithgow said during a March appearance on a New Yorker podcast. “To me, a person who suffered injury or carries demons, it just manifests itself in hatred of the other.”
Accepting the award, which made him, at 80, the oldest man to win a competitive Tony, Lithgow did not mention antisemitism or Dahl specifically but said, “It’s a play about cruelty in a cruel age.” He also shouted out the play’s Jewish author, Mark Rosenblatt.
Meanwhile, multiple awards went to Jewish performers during the 79th Annual Tony Awards on Sunday, which was hosted at Radio City Music Hall in New York City by P!nk, the rock musician who has spoken publicly and with pride about her identity as a Jewish mother.
Caissie Levy won best performance for a leading actress for her appearance in “Ragtime.” Levy, who has gained renown for playing a number of Jewish roles, plays a non-Jewish character, Mother, in “Ragtime,” the revival of the musical based on E.L. Doctorow’s 1975 book portraying ties between a Black musician and Jewish immigrants in early-20th-century New York.
Alden Ehrenreich, the Jewish actor whose big break came when Stephen Spielberg saw the video he made for a friend’s bar mitzvah in Los Angeles, won best performance for a featured actor for his role in “Becky Shaw.”
Shoshana Bean, who performed “Sabbath Prayer” from “Fiddler on the Roof” at last year’s record-setting Shabbat dinner in New York City, won best performance for a featured actress in “The Lost Boys,” about a family that gets enmeshed with vampires.
And Bess Wohl, who was not raised Jewish but is raising her children Jewish, won best play for “Liberation,” which portrays a women’s consciousness-raising group in the 1970s. The play includes a Jewish character whom Wohl has said was inspired by the many Jewish figures in the women’s liberation movement.
The ceremony also featured one pro-Palestinian demonstration, a recent hallmark of awards shows. Ali Louis Bourzgui, who won featured best actor in a musical for his performance in “The Lost Boys,” said the fantastical vampires in his show offer a lens to interpret real-life dynamics.
“Vampires represent those who have shunned their own humanity in order to achieve a non-existent sense of superiority,” he said, offering as an example: “The colonizers will never find fulfillment from the land and lives they steal.”
Bourzgui drew loud cheers as he included among the groups to which he dedicated the prize “the people of Palestine who deserve to live a fruitful life, a free life, a full life without occupation” and “Arab theatermakers and artists … so our humanity becomes undeniable, and our families can no longer be written off as merely collateral damage.” Bourzgui’s father is Moroccan.
Meanwhile, a pioneering performer who is also a prominent critic of Israel also made history at the awards. Qween Jean, a cofounder of the Black Trans Liberation Movement, drew criticism after saying at a pro-Palestinian rally in early 2024 while excoriating Democratic politicians, “We are sick and tired of being told and reminded of the events of October 7.” On Sunday, Qween Jean became the first trans performer to win a Tony, nabbing one for best costume design for a musical for “Cats: The Jellicle Ball.”
This article originally appeared on JTA.org.
The post John Lithgow wins Tony Award for portraying Roald Dahl in ‘Giant,’ about Roald Dahl’s antisemitism appeared first on The Forward.
Uncategorized
Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months
(JTA) — Iran fired multiple barrages of missiles toward northern Israel on Sunday night local time, in the first direct fire from Iran on Israel since early April.
No one was immediately reported injured in the barrages, according to Israeli media, and the Israeli military said it shot down all the missiles aimed at the country on Sunday night.
The attack came hours after a stabbing attack by an Israeli Arab on Jews in central Israel killed one person and left several others injured.
The Iran salvo added to the turmoil for Israelis living in the north, who have been under constant fire from Iran’s proxy Hezbollah in Lebanon, and upsetting an uneasy quiet in the rest of the country. Schools across Israel will be closed on Monday.
Iranian officials said the barrage was a response to Israel’s strike earlier Sunday on a Hezbollah installation in the suburbs of Beirut, which the Israeli army said targeted a command center used to direct attacks on its troops.
Hezbollah last week rejected a U.S.-brokered ceasefire deal that would have halted Israeli strikes in Beirut, saying that it could not abide by terms that would have required it to exit southern Lebanon.
During a five-week war that Israel and the United States initiated against Iran on Feb. 28, at least two dozen Israelis were killed when Iran fired hundreds of missiles at the country in near-daily barrages. Active hostilities involving Israel ended when U.S. President Donald Trump initiated a ceasefire on April 8. He and Iran have not yet agreed to terms that would permanently end the war.
Trump said he was “not happy about” Israel’s strike in Beirut and signaled that he did not see Iranian barrage as an impediment to a future deal.
“It’s certainly not going to help negotiations,” he told Fox News. “We’re very close. I would say an agreement would be signed on Monday, Tuesday or Wednesday of this coming week. And now this takes place.”
Addressing Iran directly, Trump said, “You’ve shot your missiles, that’s enough. Get back to the table and make a deal.”
Israeli Prime Minister Benjamin Netanyahu did not immediately respond publicly to the Iranian attack on Israel.
This article originally appeared on JTA.org.
The post Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months appeared first on The Forward.
Uncategorized
Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support
Maine Democrats are poised to nominate Graham Platner on Tuesday to challenge incumbent Republican Sen. Susan Collins in one of the most important Senate races this year. But a series of recent domestic violence allegations and controversies surrounding Platner could become a major political problem for the party in its effort to regain control of the Senate.
The controversy extends beyond questions about electability. Jewish Democratic organizations have withheld support from Platner over his past Nazi-linked tattoo, criticism of Israel and rhetoric that some Jewish leaders view as troubling, even as top national Democrats rally behind his candidacy.
The primary was effectively decided weeks ago when former Gov. Janet Mills suspended her campaign after lagging in polls and struggling to raise money. Mills never formally withdrew from the ballot, leaving open the possibility that some Democrats will use Tuesday’s primary as a protest vote against Platner
The dilemma facing Democrats is unusually stark.
Maine, considered a purple state, is widely viewed as one of the party’s clearest opportunities to flip a Republican-held Senate seat. Collins, 73, is running for a sixth term, though critics argue her image as a political moderate has diminished in recent years. In her last reelection campaign in 2020, Collins defeated her Democratic challenger 51-42. Sara Gideon, who is married to a Jewish lawyer, ran a competitive race and drew support from Maine’s estimated 15,000 Jewish voters and outside Jewish Democratic groups.
The 41-year-old Platner, an oyster farmer and former Marine, appeared to be the kind of insurgent candidate Democrats dream about. He led Mills by a significant margin and consistently ran ahead of Collins in public polling.
But the past two weeks have left Democrats struggling with his candidacy.
Reports about explicit messages sent to women while married and allegations from former partners describing threatening and troubling behavior, along with scrutiny of past online posts, put the Platner campaign on defense.
For Jewish voters, Platner’s rise and the party’s embrace of him were already hard to swallow. Platner faced backlash last year after acknowledging that a black skull-and-crossbones tattoo on his chest resembled a Nazi symbol. He has since covered it up. In past posts on Reddit, Platner defended a man with a Nazi SS lightning bolt tattoo who impersonated a federal officer at a Black Lives Matter protest in Las Vegas in 2020.
A New York Times story last week cited an ex-girlfriend who said Platner knew for years that the tattoo on his chest was associated with Nazi imagery, an allegation he has forcefully denied.
Also troubling to Jewish Democrats, Platner has accused Israel of committing genocide in Gaza and suggested the U.S. should cut off all aid to Israel. Last week, Platner accused Collins of taking money from AIPAC and being “bought and paid for by Benjamin Netanyahu, and she votes accordingly.”
Halie Soifer, head of the Jewish Democratic Council of America, said in an April interview that her group was not prepared to back Platner. JDCA had endorsed Mills in the primary before she suspended her campaign. On Sunday, Soifer said the group continues to stand by its endorsement of Mills, signaling that voters who remain uneasy about Platner still have the option of casting a vote for the former governor, whose name remains on the ballot.
“If he were running in Jersey, he’d either be thrown off the ballot or buried under the Meadowlands,” Rep. Josh Gottheimer, a Jewish Democrat from New Jersey, said on Friday.
Top Democratic strategists told Politico that Platner could face pressure to drop out of the race if Mills receives a significant amount of votes.
Senate Minority Leader Chuck Schumer, the highest ranking Jewish elected official in the U.S., has so far continued to show support for Platner. After meeting with Platner last week in Washington, D.C., Schumer told reporters that defeating Collins remains a top priority for Democrats seeking to reclaim power in the Senate.
The likely result is a question Democrats increasingly cannot avoid: If Platner wins Tuesday as expected, how much longer can national Democrats continue treating him as their standard-bearer and excuse conduct they would condemn in a Republican candidate? Jewish Democratic organizations, having already distanced themselves from Platner, will also have to decide how to respond if he becomes the party’s nominee, as other nominees are also coming under scrutiny for past remarks and associations with antisemitic influencers.
House Minority Leader Hakeem Jeffries, in an interview Sunday on Fox News, was asked whether he’s concerned that his party “has an antisemitism problem,” citing Platner’s rhetoric and that of other Democratic candidates.
Platner is “going to have to speak for himself, and that’s what any candidate, particularly in a high-profile race, is going to be called upon to do,” Jeffries said. He added that the effort to crush antisemitism is an “American issue” and shouldn’t be a partisan issue. “It can’t be a red or blue issue. It’s a red, white, and blue issue.”
The post Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support appeared first on The Forward.
