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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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How a wedding in Oklahoma taught a group of police officers and SWAT team members to care about Judaism and Israel
I told the rabbi who was about to officiate at my daughter’s wedding that the guests would be an unusual mix — about 100 law enforcement officers, EMT’s, dispatchers, sheriffs and SWAT team members, many of whom had never met a Jew other than my daughter.
“In fact, they may not know that she is Jewish,” I said, “The other 50 guests will be our family from London, New York, Canada, Israel, a very different crowd.”
My daughter and Zac are both police officers in Oklahoma. Zac isn’t Jewish, but they both had wanted a Jewish wedding. It wasn’t easy finding a rabbi they actually liked who would officiate an interfaith marriage. The wedding was held Sept. 2, 2023. There was an outdoor garden and a bridge that led to the ceremony. The chuppah was constructed from an Amazon set of interlocking wooden bricks that the groom and his father assembled proudly. We decorated it with flowers but it looked like it could tilt over at any moment. The bride was bride-beautiful, a tiny 5’1″ with her handsome groom, a very tall 6’6″.
They were exquisitely happy and stood together as Rabbi Michael conducted the service, making sure to explain everything including the Hebrew parts. At the end of the ceremony, Zac even stepped on the glass and crushed it. The police officers, EMTs, firefighters, and SWAT teams were all riveted.
The party was held in the nearby barn, which was decorated with chandeliers and flowers and a DJ playing a mix of music. We danced the hora and the SWAT team managed to lift Zac and Martine high in the air as is tradition — a novel experience for most of our guests.
Then Oct. 7 happened in Israel.
I got a call from my daughter: “Mom, my phone is ringing with many of the law enforcement people who were at our wedding. They want to know how they can help Israel.”
I was touched; they were responding because of the wedding they had attended.
Later that day my daughter called again: “Mom, I’m at the military supply store downtown, and the owner says she has 27 IFAK emergency medical kits. She wants to help Israel and will give the kits to me at cost. What should I do?”
By now I had heard from my friends in Israel that the government had been unprepared for the attacks and supplies were lacking.
“How much do they cost?” I asked. “Buy them all. While you’re at it, buy a bunch of tourniquets.”
From that moment on we tried to get these professional emergency medical IFAK kits to the IDF. The problem was that there was a backlog at the airport in Tel Aviv; donations were piling up because the IDF hadn’t been able to authorize them yet.
Because I had lived in Israel and had experienced another surprise October war in 1973, I had many Israeli contacts. I spoke to an IDF representative.
“We’re desperate for IFAKs. Yes, we need them,” he said.
“How do we get them to you?” He had no answer.
After a day of trying, I ran out of contacts and let my daughter continue. After all, she’s an excellent police officer and investigator.
Another day passed before I talked to my daughter again.
“Martine, how are you doing with the IFAKs?” I asked.
“Mom, they’re in Israel with a paratrooper unit,” she said.
I was shocked. “How did you get them there?” I asked.
Apparently, she had managed to track down a man who runs a volunteer retired military airlift organization. He wanted to help but said that his planes were flying medical supplies to Ukraine. Understanding the urgency, he gave her the name and contact information for his neighbor Moshe in Texas. Moshe was a retired Israeli commander of paratroopers.
“Take all of your IFAKSs out of their wrappings. Put them in a duffle bag and ship them to this address in Greenwich Village in New York City. Someone there will receive it and get it to a unit in the field in Israel,” Moshe told Martine.
Two months later at Christmas time, my daughter visited me in New York and we had family over for dinner. I urged her to tell the story.
“Well, Mom,” she said, “I have the video of the soldiers that they sent to me as a thank you.” She queued up her cell phone so we could see it.
Two soldiers stood alone in the dark — one held a machine gun and stood guard; the other held a sheaf of papers. “Martine, thank you for sending us the medical kits. We really need them,” he said. “Thanks also for the letters you sent with them. Yes, we will take you and your husband to the club you mentioned in your letter when you come to visit next time.”
Letters?
Martine had sent a long letter in the duffle bag, with others that had been written by police officers who had been at her wedding. They had been in the military before joining the police force. Their letters were short: “We have your backs. We support you and know what you’re going through. We were in Iraq, Afghanistan, and wish you the best.” They had heard about the duffel bag as word spread among the wedding guests and they wanted to do something. They did.
Recently, with antisemitism running rampant, a few of Martine’s police officer friends have quietly approached her. “We’ve been discussing where we would hide you, and protect you if our country turns against its Jews like they did in Germany,” they’ve told her. “You’ll be safe with us.”
One Jewish wedding educated a group of people. At one ceremony. At one party. In one night.
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Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal
(JTA) — Germany’s antisemitism czar has urged a law to ban pro-Palestinian slogans such as “From the river to the sea,” renewing a fraught debate over the country’s historic allegiance to Israel and freedom of speech.
Felix Klein’s initiative would ban chants that could be interpreted as calling for Israel’s destruction. His proposal has the support of German Interior Minister Alexander Dobrindt and is now being reviewed by the Justice Ministry, he told Haaretz on Wednesday.
“Before Oct. 7, you could have said that ‘From the river to the sea’ doesn’t necessarily mean kicking Israelis off the land, and I could accept that,” said Klein. “But since then, Israel has really been facing existential threats, and unfortunately, it has become necessary here to limit freedom of speech in this regard.”
Klein, the first holder of an office titled “Federal Government Commissioner for Jewish Life in Germany and the Fight against Antisemitism” since 2018, added that he believed the law must be passed even if it is challenged in court for violating free speech.
Hamas’ Oct. 7, 2023, attacks and the subsequent and devastating Israel-Hamas war in Gaza tore at the seams of Germany’s national doctrines. The war triggered a sharp rise in antisemitic and Isalmophobic incidents across the country. It also exposed charged questions about when Germany prioritizes its responsibility toward the Jewish state, which became central to German national identity after the Holocaust, and when it upholds democratic principles.
The legal boundaries of pro-Palestinian speech are already far from clear-cut. Currently, courts decide whether a person chanted “From the river to the sea, Palestine will be free” in support of peacefully liberating Palestinians or in endorsement of terrorism. In August 2024, the German-Iranian activist Ava Moayeri was convicted of condoning a crime for leading the chant at a Berlin rally on Oct. 11, 2023.
Shortly after the Hamas attacks, local authorities across Germany imposed sweeping bans on pro-Palestinian protests. Berlin officials authorized schools to ban the keffiyeh, a symbol of Palestinian solidarity, along with slogans such as “Free Palestine.”
Jewish and Israeli activists were caught up in the crackdown. In October 2023, a woman was arrested after holding a poster that said, “As a Jew and Israeli: Stop the genocide in Gaza.” And police prohibited a demonstration by a group calling themselves “Jewish Berliners against Violence in the Middle East,” citing the risk of unrest and “inflammatory, antisemitic exclamations.”
Earlier this year, German immigration authorities ordered the deportation of three European nationals and one U.S. citizen over their alleged activity at pro-Palestinian demonstrations. Three of the orders cited Germany’s “Staatsräson,” or “reason of state,” a doctrine enshrining Germany’s defense of Israel as justification for its own existence after the Holocaust.
But that tenet is not used in legal settings, according to Alexander Gorski, who represents the demonstrators threatened with deportation. “Staatsräson is not a legal concept,” Gorski told the Jewish Telegraphic Agency in April. “It’s completely irrelevant. It’s not in the German Basic Law, it’s not in the constitution.”
Jewish leaders such as Charlotte Knobloch, a Holocaust survivor and president of the Jewish Community of Munich and Upper Bavaria, have argued that anger toward Israel created a “pretext” for antisemitism. “It is sufficient cause in itself to fuel the hatred,” Knobloch said to Deutsche Welle in September.
In recent months, two German establishments made the news for refusing entry to Jews and Israelis. A shop in Flensburg, which posted a sign saying “Jews are banned here,” is vulnerable to German anti-discrimination law. Not so for the restaurant in Fürth whose sign read, “We no longer accept Israelis in our establishment,” according to anti-discrimination commissioner Ferda Ataman, who said the law does not apply to discrimination on the basis of nationality.
Klein said he has also initiated legislation to expand that law to protect Israelis and other nationalities.
He has a longstanding relationship with Jewish communities in Germany, starting with his Foreign Office appointment as the special liaison to global Jewish organizations. In that role, he helped create a “working definition” of antisemitism for the International Holocaust Remembrance Alliance in 2016. That definition has sparked contentious debate, as critics argue it conflates some criticisms of Israel with antisemitism.
Klein believes that anti-Zionism does largely fall in the same bucket as antisemitism. “I think in most cases it is — it’s just a disguised form of antisemitism,” he told Haaretz. “When people say they’re anti-Israel, what they really mean is Jews.”
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There’s something missing from John Fetterman’s memoir: Israel
There may be no senator who has committed more fervently to supporting Israel, at a greater personal cost, than Sen. John Fetterman.
In the weeks following the Oct. 7 attacks on Israel, the Pennsylvania Democrat began taping hostage posters to the wall outside his office and wearing a symbolic dogtag necklace. He embraced Israeli Prime Minister Benjamin Netanyahu, a pariah to many Democrats. As the civilian death toll in Gaza mounted, he posted constantly on social media to defend the war.
The position has cost him followers, friends, staff and perhaps in the future his seat. But it has also made him a hero in parts of the Jewish community. He received awards from Yeshiva University and the Zionist Organization of America and he was brought onstage as a panelist at the national Jewish Federations of North America convention.
Given the centrality of Israel to his focus in office — he was sworn in only 9 months before Oct. 7 — and how often he posts about it on social media, one might anticipate Fetterman giving it a lengthy treatment in his newly released memoir, Unfettered. The title of the memoir, too, seems to promise candor.
Instead, Fetterman dedicates all of three paragraphs to Israel in a book that largely rehashes lore from before his time in the Senate and discusses his struggles with mental health. These paragraphs — which even pro-Israel readers will read as boilerplate — appear in the book’s penultimate chapter, which is about his declining popularity since taking office.
Some have suggested that the reason some of the media and former staffers turned on me was because of my stance on Israel. Others imply that my support of Israel has to do with impaired mental health, which isn’t true. My support for Israel is not new. I was quoted in the 2022 primary as unequivocally stating that “I will always lean in on Israel.”
There’s a paragraph here about sticking to his morals even if it means defying his party, then:
There was no choice for me but to support Israel. I remembered the country’s history — how it was formed in 1948 in the wake of the murder of six million Jews. Since then, the rest of the Middle East, harboring resentments going back thousands of years, has only looked for ways to eradicate Israel. It took less than a day after the formation of the Jewish state was announced for Egypt to attack it. Every day in Israel is a struggle for existence, just as every day is an homage to the memory of the Jews shot and gassed and tortured.
It’s also clear that war in Gaza [sic] has been a humanitarian disaster. At the time of this writing, roughly sixty thousand people have been killed in Israel’s air and ground campaign, over half of them women, children, and the elderly. I grieve the tragedy, the death, and the misery.
Satisfied with this examination of the hypothesis for his growing unpopularity, Fetterman then moves on to another possible reason: his votes on immigration.
It’s strange to read the Israel passages in light of Fetterman’s full-throated advocacy on any number of issues related or connected to the Israel-Hamas war, including the hostages, campus protests, and rising antisemitism. Even if he did not reckon more deeply with his support for a war that brought about a “humanitarian disaster,” he might have talked about meeting the hostage families, or visiting Israel, or his disappointment that some voices within his party have turned against it.
The production of Unfettered was itself a story earlier this year, and may explain the book’s failure to grapple with a central priority.
Fetterman reportedly received a $1.2 million advance for it, roughly a third of which went to Friday Night Lights author Buzz Bissinger to ghostwrite it. But the two apparently had a falling out at some point, according to the sports blog Defector, which wrote in June that “in the process of having to work with Fetterman, Bissinger went from believing the Pennsylvania senator was a legitimate presidential candidate to believing he should no longer be in office at all.”
Bissinger is not credited anywhere in the book, and does not appear to have contributed. (He refused to discuss the book when a reporter called him earlier this year.)
But the mystifying section about Israel may have nothing to do with a ghostwriter or lack thereof. It may instead be explained by a letter his then-chief of staff wrote in May 2024, in which he said Fetterman “claims to be the most knowledgeable source on Israel and Gaza around but his sources are just what he reads in the news — he declines most briefings and never reads memos.”
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