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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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Massie Ousted From Congress, Makes Antisemitic Jab in Concession Speech

US Rep. Thomas Massie (R-KY) leaves a meeting of the House Republican Conference in the US Capitol on Wednesday, June 4, 2025. Photo: Tom Williams/CQ Roll Call/Sipa USA via Reuters Connect

US Rep. Thomas Massie was defeated in Tuesday’s Republican primary by Trump-backed challenger Ed Gallrein in a closely watched race in Kentucky widely viewed as a referendum on party loyalty and US support for Israel.

In his concession remarks, Massie drew immediate attention when he said he had to “find Ed Gallrein in Tel Aviv” to concede, a remark widely interpreted as a reference to what he and his supporters have described as substantial pro-Israel backing for Gallrein’s campaign.

“I would’ve come out sooner, but I had to call my opponent and concede. And it took a while to find Ed Gallrein in Tel Aviv,” Massie said.

Gallrein, a retired Navy SEAL and political newcomer, garnered approximately 54.9 percent of the vote compared to Massie’s 45.1 percent, emerging victorious by nearly a 10-point margin. With the defeat, Massie will depart Congress at the conclusion of his 7th term.

Gallrein was endorsed by US President Donald Trump and benefited from significant support from pro-Israel donors and aligned advocacy networks. The race attracted national attention, with Trump-aligned groups and conservative super PACs spending roughly $19 million in support of Gallrein’s campaign. For many observers, Gallrein’s victory underscores both Trump’s continued influence in Republican primaries and the party’s generally unified stance on Israel policy.

Massie, long one of the most independent voices in the House Republican Conference, had frequently broken with GOP leadership on foreign policy issues, including US military aid to Israel, funding for the Iron Dome missile defense system, and the Iran war. Massie also drew criticism from pro-Israel groups for opposing aid packages, skipping Israeli Prime Minister Benjamin Netanyahu’s address to Congress, and accusing Israel of targeting civilian infrastructure during military operations in Gaza and Lebanon while omitting that terrorist organizations such as Hamas and Hezbollah embed military infrastructure within civilian areas.

Beyond issues of foreign policy, Massie also drew sharp criticism from Trump after he co-sponsored and pushed for legislation to release the Justice Department’s files related to the late financier and sex offender Jeffrey Epstein alongside prominent House Democrats, leading the president to frame Massie as a party disruptor and disloyal Republican.

The race unfolded amid growing tensions within the Republican Party over antisemitism, foreign policy, and support for Israel. Though older Republican voters continue to support Israel in substantial numbers, a growing number of polls indicate that younger Republican voters are far more skeptical of the US-Israel alliance, with many wanting to end aid to Israel and cease foreign military campaigns. Critics accused Massie of amplifying antisemitic rhetoric within segments of the Republican coalition by engaging in certain behaviors, such as making repeated appearances on the podcast of Tucker Carlson, a political pundit frequently accused by critics of promoting antisemitism.

In the days leading up to the election, Massie faced mounting criticism over a series of remarks and associations that Jewish organizations and pro-Israel activists condemned as antisemitic.

On Friday, he declared the election “a referendum on whether Israel gets to buy seats in Congress.”

Over the weekend, he invited antisemitic social media personality Ryan Matta to his home for a meet-and-greet event. He posed for a photo with Matta wearing a shirt emblazoned with the phrase “American Reich,” a direct reference to the Nazi regime. Massie has not commented on the incident or distanced himself from Matta.

Massie also came under fire over an advertisement released by a pro-Massie super PAC targeting billionaire Republican donor Paul Singer, a prominent Jewish supporter of pro-Israel causes who has backed efforts to defeat the incumbent. The ad characterized Singer as a “pro-trans billionaire” and displayed a rainbow-colored Star of David behind his image — imagery critics condemned as antisemitic.

Further, on Sunday, Massie lambasted the Republican Jewish Coalition (RJC), an organization that aims to increase the number of Jews within the Republican Party, accusing the group of using Gallrein as a “puppet” and claiming they are “running his race.”

Gallrein campaigned on a platform aligned closely with Trump’s foreign policy approach, emphasizing continued US security assistance to Israel and a more traditional Republican posture on Middle East policy. His campaign was boosted by outside groups and donors supportive of a strongly pro-Israel agenda.

The outcome reinforced the increasingly narrow political space within the GOP for lawmakers who break with Trump and the party’s dominant pro-Israel posture.

Once known for his libertarian-leaning independence, Massie increasingly found himself isolated as GOP voters and donors coalesced around candidates aligned with both Trump and pro-Israel priorities. The race also reflects a broader trend in Republican primaries, where alignment with Trump and with pro-Israel policy positions has become a key predictor for viability in many competitive districts.

In a statement, the RJC congratulated Gallrein and accused Massie of “trafficking in antisemitism and bottom-of-the-barrel nativism at a time when Jew-hatred is on the rise,” calling Massie’s conduct “wildly unacceptable and outrageous from an elected member of Congress.”

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Jewish Groups Call on US Congress to Combat Union Antisemitism in Health Care

Anti-Israel demonstration at Johns Hopkins University, which has one of the best medical schools in the world, in Baltimore, Maryland, US, April 30, 2024. Photo: Robyn Stevens Brody/SIPA USA via Reuters Connect

Jewish community advocates on Wednesday called on the US Congress to use its lawmaking power to stop health care unions from spreading antisemitism in the workplace through anti-Zionist advocacy, arguing unions have wasted resources and countenanced flagrant discrimination of Jews throughout the field of medicine.

Addressing the House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions, lawyers, health workers, and civil rights activists shared a stream of claims alleging that union bosses have effectively converted labor unions into political action committees for the anti-Zionist movement. The consequence, they argued, has been to embolden those who mistreat Jews as a “proxy” for Israel, leading to incidents of bigotry which would be decried were they perpetrated against other minority groups.

“The issue is not whether health care workers may hold political views,” Deena Margolies, litigation staff attorney for the Louis D. Brandeis Center for Human Rights Under Law, told the committee. “The problem arises when health care unions use their authority and resources to promote antisemitic campaigns outside their labor mission. Jewish and Israeli health care professionals are then placed in an impossible position: The union that is supposed to represent them is also helping to create the hostile work environment they must endure.”

Anti-Zionist union activity even affects patient care, Margolies added, noting that some mental health practitioners now offer services which they say can “decolonize” patients of pro-Zionist viewpoints. The enterprise is predicated on the idea that Zionism, which an overwhelming majority of Jews say is central to Jewish identity, is a pathology.

“Congress can and should act,” she said.

Dr. Jacob Agronin, a cardiology fellow at Temple University Hospital, told Congress that Jewish workers should have the right to permanently suspend payment of union dues.

“What I would hope for is the option for those that disagree with this union on a fundamental level not be compelled to pay dues to this union,” Agronin said. “I think it’s absurd that the union can call for blatant discrimination against Israeli colleagues and then compel those same colleagues to pay them.”

The Algemeiner has reported extensively on how a wave of antisemitism swept health care following Hamas’s Oct. 7, 2023, massacre across southern Israel. So widespread was the problem that it became the subject of a 2025 study which found that 62.8 percent of Jewish health care professionals employed by campus-based medical center reported experiencing antisemitism, a far higher rate than those working in private practice and community hospitals. Fueling the rise in hate, the study noted, were repeated failures of DEI (diversity, equity, and inclusion) initiatives to educate workers about antisemitism, increasing the likelihood of antisemitic discrimination.

Months earlier, the StandWithUs Data & Analytics Department found through its own survey that nearly 40 percent of Jewish American health care professionals have encountered antisemitism in the workplace, either as witnesses or victims. A substantial number of the 645 Jewish health workers who responded to its questions also said they were subject to “social and professional isolation,” and 26.4 percent felt “unsafe or threatened.”

Outside the US, the crisis of antisemitism in health care has manifested in medical settings around the world, including in South America, Australia, and across Europe.

As for union antisemitism, the subject continues to be a focus of Jewish civil rights activism.

Earlier this month, the Brandeis Center filed a civil rights complaint alleging that the National Education Association proliferated antisemitism across its interstate network of chapters, offices, and K-12 schools by systemically enacting policies which resulted in Jews being blocked from promotions, mentorship opportunities, and participation in social justice initiatives. The disturbing document went further, arguing that antisemitic discrimination at the NEA is more than an invisible, bureaucratic force which disappears Jews from governance roles. According to the complaint, it is a force applied by anti-Zionists who lead mobs against Jewish delegates attending union conferences; perpetrate acts of physical intimidation; and delete guidance on teaching students about the Holocaust from official documents.

“The NEA’s conduct is both completely illegal and morally unjustifiable,” Brandeis Center chairman and founder Kenneth Marcus said in a statement announcing the action. “This is exactly the type of discrimination against which Title VII was designed to protect.”

In New York City, the federal government is investigating reports that members of the United Federation of Teachers (UFT) are procuring students for membership in anti-Zionist study groups teaching that Israelis are “genocidal white supremacists” and that Hamas terrorists are “martyrs.” The initiative there is funded by a nonprofit titled “Rethinking Schools,” which itself has been a recipient of exorbitant financial gifts from the NEA.

Meanwhile, students at Columbia University recently escalated their fight against a graduate workers union dominated by anti-Israel advocates by filing a federal complaint with the National Labor Relations Board (NLRB).

The students allege that the bosses who run Student Workers of Columbia (SWC), an affiliate of United Auto Workers (UAW), devote more energy and resources to pursuing “radical policy proposals” than improving occupational conditions. In collective bargaining negotiations, it allegedly pressures the university to adopt the boycott, divestment, and sanctions (BDS) movement against Israel and to enact other measures, such as ending its partnership with the New York City Police Department (NYPD) and closing a dual-degree program with Tel Aviv University.

“All of this adds up to a union that is out of control, and I note that they don’t have an agenda against the mullahs in Iran, against the dictator who runs Turkey, against the Chinese communists who oppress their citizens or the North Koreans. But they have an agenda against Israel, the one democracy in the Middle East,” Glenn Taubman, staff attorney for the National Right to Work Foundation (NRTW), told The Algemeiner during an interview at the time.

Follow Dion J. Pierre @DionJPierre.

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Antisemitism in Germany Remains at Alarmingly High Levels, New Report Warns

Graffiti reading “Kill All Jews” was discovered on a residential building in Berlin-Pankow on April 26, 2026, part of a wave of antisemitic vandalism reported across the German capital over the past week, including swastikas and other hate-filled slogans scrawled on multiple sites. Photo: Screenshot

Germany is facing persistently high levels of antisemitism, with new data from Berlin and Hesse underscoring a hostile environment for Jews and Israelis marked by sustained harassment, violence, and intimidation.

On Wednesday, Germany’s Federal Association of Departments for Research and Information on Antisemitism (RIAS) published its latest annual report documenting 2,197 antisemitic incidents recorded in Berlin last year.

While this marked a drop of about 13 percent from the 2,521 incidents recorded in 2024, the figure was still more than double the level before the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, when roughly 1,200 cases were reported.

Amid an increasingly hostile climate, Jews and Israelis have been reporting growing reluctance to wear visible Jewish symbols, express their identity publicly, or even speak Hebrew in everyday settings.

“Everyday situations such as riding the subway or taking a taxi, or visiting concerts and cafés, often suddenly and unexpectedly became threatening,” RIAS wrote in its 88-page annual report.

Among the recorded cases were widespread harassment and antisemitic abuse, including repeated insults and intimidation, as well as vandalism targeting Jewish-owned businesses and institutions, and damage to memorials and residential areas.

The newly released report also documented 40 violent antisemitic incidents, warning of an increasingly aggressive and dangerous pattern of attacks.

One of the most serious cases involved an attempted murder at the Holocaust Memorial, where a young man was stabbed in the neck. Other incidents included victims being punched, shoved, spat on, having jewelry or clothing torn off, or being sprayed with pepper spray.

Berlin’s Jewish community also saw a surge in anti-Israel demonstrations last year, with 239 events marked by antisemitic slogans, inflammatory banners, rhetoric glorifying terrorism, denying Israel’s right to exist, and calls to “kill Jews.”

Sigmount Königsberg, antisemitism commissioner of Berlin’s Jewish community, warned that this growing trend of antisemitic violence has been increasingly downplayed or relativized, contributing to a climate in which victims feel less protected and less heard.

“Israel-related antisemitism is by far the most prevalent form of Jew-hatred we encounter,” Königsberg said, adding that “politics and society must ensure conditions in which all Jews feel safe.”

“Many in the community once believed Berlin was a safe place, but that has changed. I know of people who are now considering leaving the city, with life plans upended — especially young people who want to go,” he continued.

RIAS’s latest report also recorded a record-high total of 1,099 antisemitic incidents in the German state of Hesse, located in west-central Germany, in 2025.

With an average of three antisemitic incidents occurring each day, the report warned that the upward trend in Hesse continued to intensify.

This figure represented an increase of approximately 18 percent compared with the 926 incidents recorded in 2024 and was dramatically higher—nearly six times—than the 179 cases documented before the Oct. 7 atrocities.

Uwe Becker, the Hessian commissioner for antisemitism, warned of a deepening deterioration in the security situation for Jewish residents in the state.

“The threat to Jewish life is worse than at any time since the Holocaust,” Becker said in a statement.

According to RIAS’s latest report, those affected face a new level of intensity in antisemitic encounters, with 190 incidents recorded in educational settings such as schools and universities, alongside 84 cases on public transport and 52 in cultural and artistic venues.

“Antisemitic experiences carry far-reaching consequences, affecting not only individuals but also families and wider social circles. They shape everyday routines, future plans, and even decisions about whether it feels safe to take the S-Bahn in the evening,” the report stated.

Among the recorded cases were 27 physical assaults, 41 threats, 58 incidents of deliberate property damage, and 960 cases of offensive behavior.

RIAS project leader Susanne Urban warned that antisemitism has increasingly become normalized due to its consistently high frequency.

“Hesse has a problem. For Jews, full social participation is no longer possible,” she said in a statement.

Marc Grünbaum, chairman of the board of the Jewish community in Frankfurt, noted that antisemitism has increasingly gained ground as it is too often left unaddressed and met with insufficient public challenge.

“The fight against antisemitism must be a societal fight. The window of opportunity for Jewish life and for a liberal society in which minorities have their place is becoming increasingly narrow,” Grünbaum said in a statement.

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