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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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Mamdani concedes he can’t arrest Netanyahu but urges U.S. to enforce International Criminal Court warrant
New York City Mayor Zohran Mamdani announced Tuesday night that a legal review he ordered found he does not have the authority to arrest Israeli Prime Minister Benjamin Netanyahu when he visits the city, putting to rest a question that has repeatedly surfaced since he first vowed to take custody in light of an International Criminal Court order for Netanyahu’s arrest.
In the two-minute address posted on his official social media accounts, Mamdani opened by declaring “Benjamin Netanyahu is a war criminal, the architect of a horrific genocide against the Palestinian people” but acknowledged the legal limits that prevent him from following through on his pledge, which had become a rallying cry for his pro-Palestinian supporters. (The use of the term “genocide” to describe the Gazan death toll in the Israel-Hamas war remains contested.)
“My administration has reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court’s arrest warrant if Benjamin Netanyahu came here,” Mamdani said. “It is clear that we do not have the independent legal authority to enforce this one.”
Benjamin Netanyahu is a war criminal. pic.twitter.com/YRezmW6YVx
— Mayor Zohran Kwame Mamdani (@NYCMayor) July 22, 2026
The United States does not recognize the court’s authority over American citizens or foreign nationals on U.S. soil, and local authorities have no power to execute such a warrant. U.S. law gives the federal government control over foreign policy, and heads of state traveling to the United Nations are protected by diplomatic immunity.
The announcement ended days of speculation and fierce backlash over one of his most controversial campaign promises after comments he made when asked about his arrest vow in an interview with The New York Times reignited the issue. “If someone is charged with a warrant from the International Criminal Court for these types of crimes, that’s something I believe should be honored,” Mamdani told reporters on Monday.
Mamdani, who rose to power aligned with pro-Palestinian activism, has been unapologetic about his anti-Zionist views. He came under fire during the mayoral race last year for defending the slogan “globalize the intifada,” used by some at the pro-Palestinian protests and perceived by many as a call for violence against Jews, and repeatedly said he’d arrest the Israeli leader over the conduct of the war in Gaza.
Netanyahu’s representatives in the U.S. responded angrily to Mamdani’s move, calling him “an antisemite” and accusing him of attacking Israel to cover up for political failure.
On Tuesday night, Danny Danon, Israel’s ambassador to the United Nations, responded on social media: “Zohran Mamdani, ENOUGH. Enough with the blood libels. Enough with the attacks on Jewish organizations. Enough with the outreach to the Iranian regime. You were elected to serve New Yorkers, not Hamas’ propaganda. Do your job!”
Tuesday’s video mirrored the Nakba Day video produced by his City Hall media team commemorating the displacement of Palestinians during Israel’s founding in 1948, which drew sharp criticism from Jewish and Zionist organizations. But it also highlighted the tension that has defined Mamdani’s first six months in office: balancing the activist politics that propelled him to City Hall with the legal limits and governing responsibilities of leading the city with the largest Jewish population outside Israel.
In his address, Mamdani said that while the city had exhausted its legal options, the federal government had not. He urged the Trump administration to join the International Criminal Court and enforce its arrest warrant for Netanyahu. President Donald Trump, writing on Truth Social on Monday, reassured Netanyahu that he “will not be arrested, in any way, shape, or form, while in the United States of America.”
Mamdani concluded that Netanyahu “is not welcome in New York City” and said New York leaders can choose not to remain silent to defend Palestinian human rights. “That is my commitment to you,” he said.
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Democratic socialist rails against AIPAC in uphill primary bid against pro-Israel incumbent in Arizona
(JTA) — Kai Newkirk, an activist and democratic socialist, has made Israel and AIPAC a focal point in his effort to unseat pro-Israel Rep. Greg Stanton in Tuesday’s Arizona Democratic primary.
“I’ve been arrested over 25 times in civil disobedience — and I’ll go to jail for justice again before I ever take a dime from AIPAC,” Newkirk wrote on X last week, referring to the American Israel Public Affairs Committee.
Newkirk, 45, whose organizing has largely focused on campaign finance reform, has repeatedly blasted Stanton’s support from the pro-Israel lobbying group. He has also accused the Israeli government itself of “trying to interfere in our elections,” including in Arizona’s 4th Congressional District where he is running and which covers parts of Phoenix and Maricopa County.
He pointed to a $45 million text message campaign to improve Israel’s image in the U.S. as a sign of such interference, and posited that “they may be targeting areas where AIPAC is more invested or where these issues are more at stake.”
The primary comes as a number of left-wing congressional candidates with sharply critical Israel stances have won the Democratic nomination around the country, and as Israel and AIPAC grow increasingly unpopular among Democratic voters.
The most recent poll on the Arizona race, commissioned by a group that favors Newkirk, had Stanton up by 8 percentage points, while another poll, conducted two weeks earlier by a group favoring Stanton, showed the incumbent ahead by 33 points.
Newkirk’s platform includes ending all military aid to Israel and imposing an arms embargo on the country, which he accuses of genocide.
Stanton, 56, a four-term incumbent, voted against Kentucky Rep. Thomas Massie’s amendment to cut military aid to Israel last week. Newkirk criticized Stanton, saying that he would have voted for the amendment, and suggested that Stanton’s vote was the result of his support from AIPAC.
“Greg Stanton has taken over $300K from AIPAC,” Newkirk wrote. “And today — as so many Americans in our district and across the country struggle to get by — he just voted to send billions more of our tax dollars to Israel to fund their war crimes and genocide. Disgraceful.”
Among AIPAC’s endorsees in Congress, more than a dozen voted to cut aid to Israel last week; AIPAC has since removed the option on its website to donate to those candidates.
Stanton explained his vote on X, saying that the amendment “would undermine America’s ability to counter real threats from Iran” and weaken the ability to promote long-term stability across the region. He also criticized Israeli Prime Minister Benjamin Netanyahu and wrote that “clear change is necessary” as the U.S.-Israel security agreement, which includes $3.8 billion in annual military subsidies for Israel, nears its expiration in 2028.
Newkirk is endorsed by progressive groups such as Our Revolution, Track AIPAC and the Progressive Democrats of America.
Also among Newkirk’s endorsers is Cenk Uygur, the host of the Young Turks who has spread conspiracy theories about Israel. “Kai is Israel Free and has fought to get money out of politics his whole life,” wrote Uygur last month.
Newkirk has faced turbulence in establishing broader support.
The Young Democrats of Arizona pulled its endorsement of Newkirk earlier in July, writing that it had been “made aware of some concerning patterns of behavior” displayed by Newkirk, without specifying what it meant.
Newkirk did not respond to the Jewish Telegraphic Agency’s request for comment. After the Young Democrats of Arizona retracted its endorsement, Newkirk wrote that the withdrawal of the endorsement was based on a false report amid “a wave of wins by democratic socialists” and called it a “weaponization of … disavowed misinformation.”
Newkirk did speak out against last year’s killing of two Israeli Embassy staffers outside the Capital Jewish Museum in Washington, D.C. “I stand always with my beloved Jewish siblings against the scourge of antisemitism just as I will never stop in the nonviolent struggle to end the genocide in Gaza, release all hostages, and open the way to just, lasting peace,” he said.
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Ed Miliband, Britain’s new Jewish foreign secretary has a long history of support for — and disagreement with — British Jews
(JTA) — Tapped to become Britain’s new foreign secretary, Ed Miliband said he would strive to honor the memories of his Holocaust refugee parents.
“My parents came to Britain as Jewish refugees from the Nazis,” Miliband tweeted just hours after Prime Minister Andy Burnham named him to the post. “To them, Britain was both a sanctuary and a beacon of hope in the global fight against fascism. I will carry my parents’ faith in that spirit of Britain to my role representing our country.”
The appointment by the new prime minister positions Miliband as the highest-ranking Jewish official in the British government, assuming a role once held by his older brother David and at a time when questions of the country’s relationship to Israel are a pressing priority. Miliband has long decried antisemitism, including within his own party, and is also known as a critic of Israeli Prime Minister Benjamin Netanyahu.
Among the priorities facing the office is whether Britain should move forward with an effort to ban imports from West Bank settlements, which has support across the political spectrum, and how to handle surging anti-Israel and anti-Jewish violence that authorities say has been orchestrated by actors abroad.
Ed Miliband led the Labour Party when it was in opposition from 2010-2015; his brother was among the candidates he bested in the party’s 2010 leadership race.
He has said he has no Jewish practice or formal education and that his parents favored politics over religion. His mother, Marion Kozak, who died last month, was an early supporter of Jews for Justice for Palestinians, a British group, but ceased speaking out publicly as her sons ascended in British politics.
David Miliband, now the president of the International Rescue Committee, has also said his career choices stem from the suffering their parents endured as Jewish refugees.
Ed Milliband’s stances on Israel have caused consternation among British Jewish groups in the past. In 2014, he led his party in a symbolic vote to recognize a Palestinian state and also criticized the toll of Israel’s operations during that year’s Gaza war.
“I defend Israel’s right to defend itself against rocket attacks,” he said then. “But I cannot explain, justify or defend the horrifying deaths of hundreds of Palestinians, including children and innocent civilians.”
He also told the Jewish News at the time that he did not eschew the “Zionist” label.
“I am proud to be Jewish,” he said. “I’ve no issue with people calling me a Zionist.” He described Israel as “the homeland for the Jewish people.”
The Board of Deputies of British Jews and the Jewish Leadership Council said they recognized Miliband’s overall support of Israel, but also chided him for his comments about the Palestinian civilian death toll. “These comments regrettably ignore the ideology of Hamas, the psychology of Hamas, the actions of Hamas and thus the reality faced by Israel,” they said then in a joint statement at the time.
Miliband was succeeded as Labour Party leader by Jeremy Corbyn, whose strident pro-Palestinianism and perceived insensitivity to Jewish sensibilities marked the worst relations between the party and the Jewish community in decades.
Miliband was cautious about criticizing his successor but made clear his unhappiness with how Corbyn was handling the antisemitism charges in 2018 when he took the organized Jewish community’s side in lambasting the party leadership for rejecting a definition of antisemitism that includes some forms of anti-Israel rhetoric and activity.
“Labour should adopt the full IHRA definition,” he said then, referring to the International Holocaust Remembrance Alliance. “The argument that it is somehow incompatible with criticizing the actions of the Israeli government is wrong. The views of the vast majority of the Jewish community are very clear.
Miliband condemned Hamas’ Oct. 7, 2023, attack on Israel, but also persisted as one of Labour’s most forceful critics of Israel’s government.
During the 2024 general election campaign, he called Oct. 7 “an appalling terrorist atrocity,” saying, “We in the Labour leadership are completely committed to the security for the people and security for the state of Israel.”
However, he added that “the continuing Israeli action in Gaza is not either beneficial now for Israel, or for the people of Gaza.”
One of the first questions Miliband will face is how he will handle relations with U.S. President Donald Trump, who is famously averse to people who have criticized him in the past. “These are dark days for America and the world,” Miliband wrote in 2017, as Trump assumed his first term of office. The same year, Miliband also said Trump had “lowered the bar for idiocy.”
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