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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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The Black Jewish experience, and Black-Jewish relations, take center stage on Fifth Avenue
The civil rights movement represented a kind of pax romana in Black–Jewish relations — symbolized most enduringly by the image of Rabbi Abraham Joshua Heschel marching beside Martin Luther King Jr. from Selma to Montgomery.
While many Jewish and Black Americans recall that era with a sense of wistful nostalgia, the relationship has become increasingly strained amid debates over racial justice, Israel and Palestinians.
This week, Temple Emanu-El on Manhattan’s Upper East Side, one of the country’s most prominent Reform synagogues, is launching a new five-year effort as a contribution toward rebuilding those ties while also foregrounding Black Jews.
Shared Histories, Shared Futures: The Arielle Patrick & Aaron Goldstein Initiative on Black-Jewish Relations promises to bring scholars, activists, and religious leaders to the synagogue for a series of conversations on race, antisemitism and coalition-building. Its first event, set for May 29, will take place during a Friday night service.
“This is not a performance or a gimmick,” said Patrick, the Chief Communications Officer at Ariel Investments, a global investment firm, who endowed the initiative alongside her husband Goldstein. “This is intentionally not during Black History Month, it’s intentionally not on MLK Day. It’s embedded in how we’d like people to think about creating a better society for our children and grandchildren.”
A frayed bond
Patrick, who is a Black Jew, said part of the inspiration behind the initiative came from her sense that the relationship between the two communities is not what it once was.
“I think a lot of Jews felt that their Black brothers and sisters were silent after Oct. 7, and perhaps jumped into the conversation about Palestine versus Israel without having the full context,” she said. “And then I also think that for a long time, the Black community has felt almost deserted by the fact that Jews were enabled to be upwardly mobile from the communities we once lived in and shared because of assimilation.”
In recent years, debates over Israel have fractured many progressive spaces, leaving some left-wing Jews who refused to disavow Israel feeling isolated from circles they once felt a sense of belonging to. Segments of the Black Lives Matter movement have explicitly linked racial justice in America to the cause for Palestinian liberation, and some of its chapters have even endorsed militant resistance to that end.
At the same time, rising antisemitism in the aftermath of Oct. 7 has shifted how some Jewish organizations engage with social justice work. The Anti-Defamation League, which for years invested in broader civil rights and democracy initiatives, pivoted from much of that programming to focus its resources on the rise in antisemitism.
Fostering the relationship is also complicated by divisions within both communities themselves. “When we think about Black-Jewish relations, we have a tendency to assume that everyone who is Black thinks one way and everyone who is Jewish thinks one way,” said Dr. Susannah Heschel, the head of the Jewish Studies Program at Dartmouth and the daughter of Rabbi Abraham Joshua Heschel. “Of course, there’s enormous diversity of all kinds: political, cultural, religious,” she added.
Relations in New York City reached a low point in 1991 after a Hasidic driver struck and killed a Black child in Crown Heights, Brooklyn, setting off days of unrest that left a Jewish student fatally stabbed and two communities grieving.
Though strain has reemerged in recent years, particularly during the rise of the Black Lives Matter movement in 2020 and the war in Gaza, organizations have emerged during that same period seeking to rekindle Black-Jewish dialogue.
“I think a lot of Jews are inspired by the civil rights era, by the fact that so many Jews participated,” said Heschel. “I know that photograph of my father marching in Selma is very important to a lot of people.”
She considers that photo a spur to new generations to continue the work. “The question is, what do you do with a photograph like that?” she asked. “Do you say, ‘Isn’t that great, what we did,’ in the past tense? Or do you take it as a challenge?”
Robert Kraft’s Foundation to Combat Antisemitism launched a partnership with Hillel and UNCF in 2024 to host unity dinners bringing together Jewish students and students at historically Black colleges and universities.
One might recall the viral Super Bowl ad, sponsored by Kraft’s Blue Square Initiative, where a Jewish boy is taunted by his classmates for being Jewish before his Black classmate fearlessly comes to his aid. The two boys walk off together in an idyllic (and, as critics have noted, somewhat antiquated) display of Black-Jewish solidarity.
Other groups, including Rekindle and CNN commentator Van Jones’ Exodus Leadership Forum, have launched programs aimed at fostering conversations between Black, Jewish, and Black-Jewish leaders. And this month, in a significant development, a National Convening on the Black-Jewish Alliance will be hosted in Miami, bringing together representatives from 75 organizations focused on cultivating the relationship.
A recent PBS series, Black and Jewish America: An Interwoven History, which came out in February also shed a light on the relationship, leaving many hoping to engage in the present — though also received pushback for not engaging seriously with the perspectives of Black Jews.
Centering Black Jews
Rabbi Joshua Davidson, the senior rabbi of Temple Emanu-El, grew up in the immediate aftermath of the civil rights movement and came to deeply value the stories of Black and Jewish communities working together.
“I knew that ultimately it would become an important part of my rabbinate too,” he said.
He says has been engaged in intercultural work for years, cultivating friendships with faith leaders across New York City, including at Abyssinian Baptist Church in Harlem and Concord Baptist Church in Brooklyn.
“One doesn’t enter into a relationship with the expectation that you’re going to get something in return,” Davidson said. “There’s a difference between allyship and friendship. The way I approach this is I want to establish friendships.”
Davidson said those relationships have allowed him to stand together with clergy members from those communities during difficult moments. Following the 2017 white supremacist march in Charlottesville, for example, he participated in a solidarity service at Abyssinian Baptist Church.
“There are times when a crisis hits, and you need allies, and so you reach out. You have no choice. But if you’ve been fortunate enough to be able to build the friendships when things were calm, you’re in a much better position,” he added, referring to the sense of abandonment many Jews felt after Oct. 7.
“I know around the country there’s been a great deal of frustration that expectations of one community showing up for another during moments of distress weren’t met. I can only say that my own experience has been different,” he said. “When something has happened to the Jewish community, I get the phone call from colleagues of other faith communities, and certainly among the leadership of the Black community in the city.”
The initiative also seeks to foreground Black Jews themselves, whose experiences are often absent from conversations about Black-Jewish relations.
“We have a tendency, all of us, to talk about Black–Jewish relations as if all Jews are white and all Black people are not Jewish,” Heschel said. “It’s gradually dawning on Jews that we have Black Jews in our community.” Estimates suggest Black Jews make up roughly 1% to 2 % of American Jews.
Patrick said she has often encountered those assumptions firsthand.
“When I go to synagogue or when I’m in a social setting, the first thing a person asks me is, ‘Did you convert?’” she recounted. “That’s not a normal question to ask anyone.”
According to a 2021 study by the Jews of Color Initiative, 80% of respondents who identified as Jews of color said they had experienced discrimination in Jewish settings. Another survey, conducted by the Black Jewish Liberation Collective, found that of 104 Black Jewish respondents, 62% reported feeling increased marginalization in Jewish spaces after Oct. 7.
Davidson hopes that bringing Black Jews to the fore, like Rabbi Tamar Manasseh — a Chicago-based activist and community leader known for her work combating gun violence, who will be Temple Emanu-El’s first speaker in the initiative — will encourage more Jews of color to feel at home in the congregation.
“If you don’t acknowledge that there are Jews of color, and if you don’t find opportunities for them to be front and center, then you’re less likely to actually have that segment of the Jewish community join you,” he said.
Temple Emanu-El has committed to the initiative for at least five years — a timeline Patrick said was intentional.
“I knew that just having one fun lecture was not going to do anything,” she said. “It has to be a sustained commitment.”
Still, she hopes the work will continue long beyond that.
“In my perfect world,” she said, “I’m 95 and still doing this.”
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A Yiddish lecture in Munich by literature scholar Nathan Cohen
דעם 17טן יוני וועט נתן כּהן, אַן אָנגעזעענער פֿאָרשער פֿון דער ייִדישער ליטעראַטור בײַם בר־אילן אוניווערסיטעט, האַלטן אַ רעפֿעראַט אויף ייִדיש בײַם אוניווערסיטעט אויפֿן נאָמען פֿון לודוויג מאַקסימיליאַן אין מינכן, דײַטשלאַנד.
כּהן וועט רעדן וועגן דער געשיכטע פֿון דער מאָדערנער ייִדישער ליטעראַטור און די וועגן און אָפּוועגן פֿון איר אַנטוויקלונג אויף די זײַטן פֿון דער ייִדישער פּרעסע, ווי אויך וועגן דעם פֿענאָמען פֿון דער שונד־ליטעראַטור.
די „שלום־עליכם לעקציע“, ווי מע רופֿט אָט די אונטערנעמונג, איז אַ יערלעכער רעפֿערעט אויף ייִדיש אין אָנדענק פֿון עוויטאַ וויעצקי, ז״ל, וואָס האָט די ערשטע געהאַט דעם שיינעם אײַנפֿאַל מיט 15 יאָר צוריק. „זי האָט אַרויסגעפֿירט ייִדיש פֿון די קליינע דײַטשישע אוניווערסיטעט־קלאַסן און פֿאַרבעטן אַ ברייטן עולם צו הערן אַ ייִדיש וואָרט – און דווקא אין אַקאַדעמישן פֿאָרמאַט,“ האָט דערקלערט דאַשע וואַכרושאָווע, אַ ייִדיש־פֿאָרשערין בײַם אוניווערסיטעט.
יעדעס יאָר האַלט אַ היסטאָריקער, שפּראַך־וויסנשאַפֿטלער, ליטעראַטור־פֿאָרשער אָדער שרײַבער אַ רעפֿעראַט פֿאַרן ברייטן מינכנער עולם אין גאַנצן אויף ייִדיש. „אין עולם זיצן אי ייִדיש־קענער אי אַזעלכע וואָס ווייסן גאָר ווייניק וועגן דער שפּראַך, אָבער האָבן דעם מוט זיך אײַנצוהערן און זיך לאָזן טראָגן פֿונעם ייִדישן וואָרט, וויסנדיק אַז זיי ריזיקירן ניט צו פֿאַרשטיין דעם מיין אָדער צו פֿאַרשטיין אים פֿאַלש,“ האָט וואַכרושאָווע געזאָגט.
פֿאַראינטערעסירטע קענען בײַזײַן די לעקציע אָדער אויפֿן אָרט אין מינכן, אָדער דורך דער אינטערנעץ. כּדי זיך צו פֿאַרשרײַבן, גיט אַ קוועטש דאָ.
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Hundreds of Jewish leaders call on Israeli ambassador to apologize for attack on J Street
(JTA) — More than 500 rabbis, cantors and Jewish communal leaders have signed onto a letter calling on Israel’s ambassador to the United States, Yechiel Leiter, to rescind and apologize for remarks describing J Street as a “cancer within the Jewish community.”
The letter, which J Street shared with the Jewish Telegraphic Agency on Thursday, accused Leiter, a Netanyahu appointee and former settler leader, of using language that “dehumanizes fellow Jews” during his remarks in Washington, D.C., on Monday.
J Street is the leading liberal pro-Israel lobby, and has increasingly staked out positions that have departed from other mainstream pro-Israel groups. Last month, the group announced its opposition to continued U.S. military aid to Israel, which Leiter decried in his remarks.
The signatories wrote that while Judaism embraces vigorous debate, disagreements must be conducted with “humanity, humility and respect for the dignity of every Jew.”
“At this painful and polarized moment in Jewish life, leaders on both sides of the ocean bear a heightened responsibility to lower the flames rather than fan them further,” the letter read. “We therefore call on you to retract your remarks and issue a public apology to the many American Jews, rabbis, cantors and communal leaders who have been hurt by them.”
Among the signatories were New York Rep. Jerrold Nadler, former U.S. ambassadors to Israel Daniel Kurtzer and Tom Nides, National Council of Jewish Women CEO Jody Rabhan, Union for Reform Judaism President Rabbi Rick Jacobs and Rabbi David Saperstein, the director emeritus of the Religious Action Center of Reform Judaism.
J Street President Jeremy Ben-Ami told JTA that his initial reaction to Leiter’s comments was “simply dismay on behalf of Israel and on behalf of the Jewish community.”
“It’s a shame, because Israel, right now, needs all the friends it can get, and it really needs diplomats who seek to open doors and not slam them in people’s faces,” Ben-Ami said.
The Israeli Embassy did not immediately respond to a request for comment from JTA.
The comments from Leiter follow a long history of criticism of the lobby from pro-Israel officials. In 2017, former U.S. ambassador to Israel David Friedman called the group “worse than kapos,” a reference to Jews who aided the Nazis during WWII.
While Ben-Ami said that the latest attack was “not new,” he felt spurred to craft a communal rebuke of Leiter’s rhetoric because he felt it was “breaking” not just the US-Israel relationship, but the relationship between the “American Jewish community and the Israeli Jewish community.”
“Within 24 hours we had hundreds and hundreds of people, and I think it just shows what a raw nerve Ambassador Leiter has touched here, and just what a big mistake it is for the Israeli government to write off the majority of Jewish Americans who are deeply critical of the government but supportive of the state and the people,” Ben-Ami said of the number of signatories.
While Ben-Ami said that J Street had long been invited to meet with former Israeli ambassadors, he claimed that since Leiter arrived, the group had been “blacklisted by the Embassy, and there’s been no engagement whatsoever.”
The letter comes as J Street has also faced scrutiny from across the political aisle, with the Zionist Organization of America calling for Hillels, Jewish Community Relations Councils and federations to cease relations with the group, while the student government of Sarah Lawrence College rejected an application to form a chapter of the group on its campus.
“There’s going to be people to our left who are intolerant and you know engage in similar tactics to folks on the right who are intolerant and try to shut out those they disagree with, and that is just as disturbing,” Ben-Ami said.
Looking ahead, Ben-Ami said that he hoped the letter would serve as a reminder that Jewish leaders need to make room for ideological differences rather than treat dissent as disloyalty.
“The message more broadly here is, we need to embrace the diversity of opinion,” Ben-Ami said. “We need to embrace our disagreements and recognize that that is indeed part of Jewish tradition.”
This article originally appeared on JTA.org.
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