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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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Federal Funding for Trump’s Ballroom in Jeopardy After Senate Ruling

Aerial view from the top of the Washington Monument shows construction crews as they continue site preparation for a planned White House ballroom in the area of the former East Wing in Washington, D.C., U.S., May 2, 2026. Photo: REUTERS/Ken Cedeno

A US Senate official on Saturday removed security funding that could be used for President Donald Trump’s planned White House ballroom from a massive spending package, Democratic lawmakers said, imperiling Republican efforts to devote taxpayer money to the contentious project.

The decision by the Senate’s parliamentarian, Elizabeth MacDonough, deals a blow to Trump and his administration, which has sought the money for security purposes related to the ballroom.

Trump has said the construction of the ballroom would be funded by $400 million in private donations. But Senate Republicans are seeking $1 billion in taxpayer funding to the Secret Service for security upgrades to the ballroom and other structures being built beneath it.

FRIVOLOUS DIVERSION OR NECESSARY MODERNIZATION?

Democrats have criticized the ballroom as an expensive and frivolous diversion by Trump at a time when Americans face rising costs such as higher fuel prices. Trump, a real estate developer-turned-politician, has written on social media that it will be “the finest Building of its kind anywhere in the World.”

MacDonough ruled that the security funding provision falls under chamber rules that require 60 votes to pass most legislation, according to the office of Senator Jeff Merkley, the top Democrat on the Senate Budget Committee.

Republicans hold a 53-47 majority in the Senate.

The parliamentarian interprets Senate rules, including whether legislative provisions are permitted. Republican senators still could revise the legislation to try to gain the parliamentarian’s approval.

Ryan Wrasse, spokesman for Senate Majority Leader John Thune, said in a social media post that Republicans would keep trying. “Redraft. Refine. Resubmit,” Wrasse wrote on X.

If Republicans do not succeed, they may be unable to include the ballroom-related funding in a $72 billion spending package they plan to bring to a vote on the Senate floor, with passage expected on a party-line vote with Democrats opposed. The bulk of the legislation is devoted to immigration enforcement.

Republicans have been invoking complex budget rules to try to secure passage without any Democratic support.

“While we expect Republicans to change this bill to appease Trump, Democrats are prepared to challenge any change to this bill,” Merkley said in a statement.

Democrats have opposed funding for Trump’s signature immigration crackdown absent reforms they have sought since federal immigration agents killed US citizens in separate incidents in Minnesota in January.

Republicans have said federal funding for ballroom security is needed to ensure presidential safety, citing an April incident in which an alleged gunman is accused of storming a black-tie media gala in Washington that Trump attended.

The administration has said the ballroom will modernize infrastructure, bolster security and ease strain on the White House, which often relies on temporary outdoor structures to host large events. Trump has said the ballroom will be completed around September 2028, near the end of his second term in office.

Democrats, hoping to win control of Congress in November’s midterm elections, are seizing on Republican support of the ballroom to portray Trump’s party as out of touch with the cost-of-living concerns of Americans at a time of rising energy costs driven by the Iran war he and Israel launched in February.

Trump last year ordered the demolition of the White House’s East Wing – constructed in 1902 during Theodore Roosevelt’s presidency and expanded four decades later during Franklin Roosevelt’s presidency – to ‌make way ⁠for his ballroom.

The National Trust for Historic Preservation, a nonprofit organization, filed a lawsuit challenging the project, arguing that neither the president nor the National Park Service, which manages the White House grounds, possessed the authority to tear down the historic structure or erect a major new facility without explicit congressional approval.

A US appeals court in April allowed construction to continue after the judge handling the National Trust lawsuit issued an order halting the project.

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Bulgaria Wins Eurovision Song Contest, Israel Comes Second Again

Noam Bettan, representing Israel, performs “Michelle” during the Grand Final of the 2026 Eurovision Song Contest in Vienna, Austria, May 16, 2026. REUTERS/Lisa Leutner

Bulgaria won the Eurovision Song Contest for the first time on Saturday in a final overshadowed by five countries’ boycott over Gaza, claiming a dramatic victory despite another big public vote for Israel that again secured it second place.

The garish and usually good-natured competition involving pop acts from countries across Europe and beyond, now in its 70th year, was plunged into crisis by a dispute over Israel’s military offensive in Gaza, a response to the Hamas-led attack on October 7, 2023.

The public broadcasters of heavyweights Spain, the Netherlands and Ireland, as well as Iceland and Slovenia, chose not to take part in protest at Israel’s participation.

Israel has alleged a global smear campaign against it. Its performance at the final was not, however, marred by any obvious protests, unlike Tuesday’s semi-final.

“This is unbelievable. I don’t even know what’s going on right now,” Bulgaria’s entrant Dara told a press conference after winning with her thumping, crowd-pleasing dance track “Bangaranga” that avoided politics altogether.

The song touches on themes of empowerment and surrendering to the night. It also left many puzzled as to its meaning.

“Bangaranga is a feeling that everybody gets in themselves. It’s the moment that you choose to be in love and not fear,” Dara said when asked to explain the song in the “green room” where artists await the results.

“This is a special energy… Once you feel (at) one with nature and your universe, you feel the harmony that you can be whatever you want to be and that everything is possible,” she said.

BOOS WERE HEARD AT ISRAEL’S RESULT

Israel’s effort, trilingual love song “Michelle,” stirred less controversy than its entry last year, which was sung by a survivor of the October 7 attack.

Some booing from the audience was audible when Israel’s massive points haul from the public vote sent it surging up the table from eighth place, similarly to 2025, when it also finished second but much closer to the winner than this year.

Israeli public broadcaster KAN received a formal warning from organizers a week ago over videos posted online in which Bettan courted votes too aggressively, after a similar controversy involving Israel last year.

KAN said it plays by the rules and the videos were immediately taken down.

Finland’s entry, “Liekinheitin,” or Flamethrower, a love song in Finnish featuring violinist Linda Lampenius and pop singer Pete Parkkonen on a burning set, was the favorite this year, followed by Australia’s “Eclipse,” a celestially themed love ballad sung by national pop star Delta Goodrem.

In the end, Australia came fourth and Finland sixth.

ONLY MINOR PROTESTS IN VIENNA

The boycotts cut the number of contest entries to 35, the fewest since 2003, which will almost certainly have reduced the global television viewership of an event that last year was estimated at 166 million people, more than the Super Bowl’s 128 million.

The mood in the Austrian capital has been subdued, with protests over Israel’s participation drawing only small crowds. Police anticipated “blockades and disruption attempts” on Saturday that did not materialize.

There was a brief disruption during Tuesday’s semi-final, when one protester chanted “Stop, stop the genocide” and “Free, free Palestine” within range of a television microphone and was ejected along with three others for disrupting the show.

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Israel’s Economy Shrinks in First Quarter but Seen Rebounding After Iran War

People sit at an outdoor restaurant where Israeli flags are displayed, amid the ongoing conflict between Hamas and Israel, in Tel Aviv, Israel, July 12, 2024. REUTERS/Eloisa Lopez

Israel’s economy began 2026 with a slowdown, hit by war with Iran, but growth is expected to recover as long as the conflict does not reignite.

Gross domestic product contracted at an annualized rate of 3.3 percent in the first three months of 2026, the Central Bureau of Statistics said on Sunday, less severe than a 4 percent drop forecast in a Reuters poll of economists.

Israel’s economy grew 2.9 percent in 2025 and was expected to bounce back in 2026 to more than 5 percent growth after a ceasefire in October ended major fighting in the two-year Gaza war.

But growth took a hit after the US and Israel launched strikes against Iran on February 28, resulting in weeks of ballistic missile fire from Iran that closed schools and dampened business activity along with consumer spending.

“The Israeli economy began the year with strong momentum, with rapid growth in the first two months,” said Ofer Klein, head of economics and research at Harel Insurance and Finance.

“The lifting of most restrictions in April and the improvement in economic activity since then… indicate a relatively quick return to positive growth in the current quarter,” said Klein, who raised his growth estimate for this year to 3.5 percent from 3.2 percent.

The Bank of Israel sees 3.8 percent growth this year, down from a 5.2 percent estimate before the Iran war, depending on whether a ceasefire with Iran holds.

Jonathan Katz, chief economist at Leader Capital Markets, said he expected 4 percent growth.

“This is a modest GDP contraction compared to the second quarter of 2025 – the last Iran confrontation in June of 2025 – when GDP contracted by over 10 percent,” he said, adding that industrial exports bounced back in April.

The statistics bureau reported on Friday that the annual inflation rate held steady at 1.9 percent in April. Some economists believe interest rate reductions could resume as early as May 25, the Bank of Israel’s next rate decision meeting.

Israeli financial markets do not trade on Sunday. The shekel has appreciated 20 percent in the past year to 2.91 per dollar, a 33-year high. Tel Aviv share indices are close to all-time highs reached earlier in May.

In the first quarter, consumer spending fell 4.7 percent, exports declined 3.7 percent and government spending shed 4.8 percent. Investment in fixed assets rose 12.6 percent.

On a per capita basis, the economy shrank 4.5 percent in the quarter.

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