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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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Poland’s Jewish museum director returns, 7 years after being pushed out by nationalist politics
(JTA) — The first director of Poland’s leading Jewish museum, squeezed out seven years ago by a nationalist government, is returning to the helm in a symbolic reversal.
Dariusz Stola steered the Polin Museum of the History of Polish Jews in Warsaw from its founding in 2014 to become a breakthrough in Poland’s recognition of its extinguished Jewish past.
But he clashed with the right-wing Law and Justice party, which governed Poland from 2015 to 2023. The former culture minister accused him of “politicizing” the museum through explorations of antisemitism in Poland, and in 2019, he was pushed out despite winning a competition to extend his tenure.
Now, Stola has been reinstated by the new culture minister Marta Cienkowska, who was appointed in 2025 by centrist Prime Minister Donald Tusk. His new term begins on March 1.
“In 2019, the then minister [Piotr] Gliński decided to ignore the results of the competition,” Cienkowska tweeted. “That appointment should have taken place six years ago. Dear Professor, good luck.”
Stola, a historian of Polish-Jewish relations and professor at the Polish Academy of Sciences, called his return to Polin “a victory of justice and rule of law.” When he was not reappointed in 2019, he chose to withdraw so that his deputy director Zygmunt Stępiński could take over. Stępiński will once again be his deputy.
“This confirms that the strategy we took in 2019 was right,” Stola said in an interview. “I lost only temporarily, and we have preserved the autonomy of the museum despite heavy political pressure.”
The Law and Justice government has made controlling Polish-Jewish history a core part of its platform, promising to revive Poland’s pride in its past and eradicate a so-called “pedagogy of shame.” That narrative stifled research on Polish antisemitism and Poles who killed Jews during and after the Holocaust.
Stola drew particular ire from party officials with a 2018 exhibit that documented Poland’s state-sponsored antisemitic campaign of 1968, which purged Jews from their workplaces and forced about 13,000 to emigrate. Former culture minister Piotr Glinski said afterwards that Stola imposed “very aggressive politics” on the museum.
In 2018, the country passed a law that outlawed accusing Poland or the Polish people of complicity in Nazi crimes. The infraction was later downgraded from a crime punishable with prison time to a civil offense, but critics say it had a chilling effect on historical research.
Stola’s reinstatement represents a gradual shift back to investigations of Polish-Jewish history, across cultural and academic institutions, that were dashed by the previous government. Only in the 1990s, after the Soviet Union fell, did Poland begin efforts to reconcile with the murder of 3 million Jews there and the intertwining of Jewish and Polish history.
Though a centrist coalition led by Tusk has governed Poland since 2023, Law and Justice clawed back a sweeping victory with the election of Karol Nawrocki as president last year. Nawrocki, a right-wing historian, has played a crucial role in the party’s efforts to rewrite Poland’s Holocaust history — making Stola’s reappointment a rebuke of the country’s largest political party by its governing coalition.
“The mission of the museum is even more important today, in the face of the dark forces distorting the memory of the Polish-Jewish past,” said Stola.
The post Poland’s Jewish museum director returns, 7 years after being pushed out by nationalist politics appeared first on The Forward.
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India’s Modi Visits Israel, Expresses Support for Jewish State as US-Iran Tensions Mount
India’s Prime Minister Narendra Modi and Israel’s Prime Minister Benjamin Netanyahu attend a welcome ceremony upon Modi’s arrival at Ben Gurion International Airport in Lod, near Tel Aviv, Israel, Feb. 25, 2026. Photo: REUTERS/Shir Torem
India’s Prime Minister Narendra Modi arrived in Israel on Wednesday for a two-day visit that both countries have cast as a chance to deepen relations, as regional concerns mount over the risk of military conflict between the United States and Iran.
In an address to the Israeli parliament, Modi told lawmakers that India stood with Israel “with full conviction” as he shared his nation’s condolences over the October 2023 Hamas attack.
“Like you, we have a consistent and uncompromising policy of zero tolerance for terrorism, with no double standards,” he said.
Both Modi and Israeli Prime Minister Benjamin Netanyahu, who also addressed the parliament, spoke of terrorist attacks that their nations had faced, with Netanyahu saying India and Israel both faced the challenge of confronting “radical Islam.”
Some opposition lawmakers briefly walked out of the special session, protesting at the speaker’s decision not to invite the head of the Supreme Court, but returned for Modi‘s remarks.
Netanyahu’s right-wing government, which the speaker belongs to, has had a confrontational relationship with the court.
Modi, a Hindu nationalist, became the first prime minister in India’s history to visit Israel in 2017, during which he and Netanyahu took a barefoot stroll on a beach in the northern port city of Haifa.
Both still in power nearly nine years later, the two leaders, who describe one another as friends, are expected to hold talks on artificial intelligence as well as defense at a time when Israel is seeking to increase its military exports.
An Israeli government official said Modi‘s visit would “pave the way for new partnerships and collaborations across many fields.” Bilateral ties were on the cusp of a significant upgrade, an Israeli foreign ministry official said.
US MILITARY BUILDUP NEAR IRAN
Modi is visiting as the United States deploys a vast naval force near Iran‘s coast ahead of possible strikes on the Islamic Republic, with the two countries at an impasse in talks over Tehran’s nuclear program. The Pentagon has also deployed an aircraft carrier to the Mediterranean, bound for Israel‘s coast.
A US attack on Iran could draw Iranian retaliation against Israel as well as US military facilities in Gulf Arab countries, where millions of Indians live and work and send home billions of dollars of remittances each year.
In his speech to lawmakers, Modi vaguely spoke about the challenges facing stability in the region, acknowledging that the landscape had become more challenging in recent years, but made no mention of the US military build-up, or of Iran.
He backed the US plan to end the war in Gaza, telling the parliament that it could lead to peace “for all people of the region, including by addressing the Palestinian issue.”
“The road to peace is not always easy. But India joins you and the world for dialogue, peace, and stability in this region,” Modi said.
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CIA Launches Fresh Social Media Push to Recruit Iranians as Trump Threatens Military Action
The seal of the Central Intelligence Agency is shown at the entrance of the CIA headquarters in McLean, Virginia, US, Sept. 24, 2022. Photo: REUTERS/Evelyn Hockstein
The US Central Intelligence Agency has posted on social media new Farsi-language instructions for Iranians wishing to securely contact the spy service.
The CIA recruitment effort comes amid a massive buildup of US military forces in the Middle East that President Donald Trump could order to attack Iran if talks with the US set for Thursday fail to reach a deal on Tehran’s nuclear program.
Trump began laying out the case for a possible US operation in his State of the Union speech on Tuesday, saying he would not allow the Islamic Republic, which he called the world’s biggest sponsor of terrorism, to have a nuclear weapon. Iran denies seeking a nuclear arsenal.
“They [Iran‘s leaders] want to start all over again, and are, at this moment again pursuing their sinister ambitions,” he said, accusing Iran of restarting its nuclear program, working to build missiles that “soon” would be capable of reaching the United States, and of being responsible for roadside bombings that have killed US service members and civilians.
“The [Iranian] regime and its murderous proxies have spread nothing but terrorism and death and hate,” the Republican president said about 90 minutes into his annual address to a joint session of the Senate and House of Representatives.
The CIA posted its Farsi-language message on Tuesday on its X, Instagram, Facebook, Telegram, and YouTube accounts.
The message is the latest in a series by the CIA aimed at enlisting sources in Iran, China, North Korea, and Russia.
The agency urged Iranians wishing to make contact to “take appropriate action” to protect themselves before doing so and avoid using work computers or their phones.
“Use a new, disposable device, if possible” and “be aware of your surroundings and who may be able to see your screen or activity,” continued the message, adding that those who make contact, provide their locations, names, job titles and “access to information or skills of interest to our agency.”
Those individuals, said the message, should use a trusted Virtual Private Network “not headquartered in Russia, Iran, or China,” or the Tor Network, which encrypts data and hides the user’s IP address.
The CIA declined to comment. Iran’s delegation to the United Nations did not immediately respond to a request for comment.
US envoys Steve Witkoff and Jared Kushner are scheduled to meet Iranian officials led by Foreign Minister Abbas Araqchi in Geneva on Thursday for a new round of negotiations on Tehran’s nuclear program.
Trump has threatened military action if the talks fail to reach an agreement, or if Tehran executes people arrested for participating in nationwide anti-government demonstrations in January.
Rights groups say thousands of people were killed in the government crackdown on the protests, the worst domestic unrest in Iran since the era of its 1979 Islamic Revolution.