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Netanyahu’s new government could lose a critical constituency: American conservatives
WASHINGTON (JTA) — The op-ed was typical of the Wall Street Journal’s conservative editorial page, extolling the virtues of moderation in all things.
The difference was that the author of the piece published Wednesday, Bezalel Smotrich, has a reputation for extremism, and the political landscape he was imagining is in Israel, not America.
Experts who track the U.S.-Israel relationship say the op-ed had a clear purpose: to quell the fears of American conservatives whom Prime Minister Benjamin Netanyahu has long cultivated as allies and who may be rattled by his new extremist partners in governing Israel.
Those partners include Smotrich, the Religious Zionist bloc leader and self-described “proud homophobe” whom Israeli intelligence officials have accused of planning terrorist attacks — and who was sworn in as finance minister in Netanyahu’s new government Thursday. They also include Itamar Ben-Gvir, who has been convicted of incitement for his past support of Jewish terrorists, who will oversee Israel’s police.
The presence of Smotrich, Ben-Gvir and their parties in Netanyahu’s governing coalition has alarmed American liberals, including some in the Biden administration. But insiders say conservatives are feeling spooked, too.
“The conservative right was with [Netanyahu] and now he seems to be riding the tiger of the radical right,” said David Makovsky, a fellow at the Washington Institute for Near East Policy who just returned from a tour of Israel where he met with senior officials of both the outgoing and incoming governments. “And I think that is bound to alienate the very people who counted on him being risk-averse and to focus on the economy.”
In his op-ed published on Tuesday, two days before the new Israeli government was sworn in, Smotrich sought to persuade Americans that the new government is not the hotbed of ultranationalist and religious extremism it has been made out to be in the American press.
“The U.S. media has vilified me and the traditionalist bloc to which I belong since our success in Israel’s November elections,” he wrote. “They say I am a right-wing extremist and that our bloc will usher in a ‘halachic state’ in which Jewish law governs. In reality, we seek to strengthen every citizen’s freedoms and the country’s democratic institutions, bringing Israel more closely in line with the liberal American model.”
The op-ed is at odds with the stated aims of the coalition agreements; whereas Smotrich says there will be no legal changes to disputed areas in the West Bank, the agreements include a pledge to annex areas at an unspecified time, and to legalize outposts deemed illegal even under Israeli law. He says changes to religious practice will not involve coercion, but the agreement allows businesses to decline service “because of a religious belief,” which a member of his party has anticipated could extend to declining service to LGBTQ people.
Netanyahu has alienated the American left with his relentless attacks on its preference for a two-state outcome to the Israeli-Palestinian conflict, which he perceives as dangerous and naive. (He also differs from them on how to prevent Iran from obtaining nuclear weapons.) He has instead cultivated a base on the right through close ties with the Republican Party and among evangelicals, made possible in part because he has long espoused the values traditional conservatives hold dear, including free markets and a united robust Western stance against extremism and terrorism.
But his alliance with Smotrich and others perceived as theocratic extremists may be a bridge too far even for Netanyahu’s conservative friends, who champion democratic values overseas, said Dov Zakheim, a veteran defense official in multiple Republican administrations.
“Traditional conservatives are much closer to the Bushes, and Jim Baker and those sorts of folks,” he said, referring to the two former presidents and the secretary of state under the late George H. W. Bush.
Jonathan Schanzer, a vice president of the Foundation for Defense of Democracies, said the op-ed was likely written at Netanyahu’s behest with those conservatives in mind.
“The Wall Street Journal piece was designed to appeal to traditional conservatives,” he said. “It was designed to send a message to the American public writ large that the way in which Smotrich and perhaps [Itamar] Ben Gvir have been described is based on past utterances and not necessarily their forward-looking policies.”
The immediate predicate for the op-ed, insiders say, was likely a New York Times editorial on Dec. 17 that called the incoming government “a significant threat to the future of Israel” because of the extremist positions Smotrich and other partners have embraced, including the annexation of the West Bank, restrictions on non-Orthodox and non-Jewish citizens, diminishing the independence of the courts, reforming the Law of Return that would render ineligible huge chunks of Diaspora Jewry, and anti-LGBTQ measures.
Smotrich in his op-ed casts the changes not as radical departures from democratic norms but as tweaks that would align Israel more with U.S. values. He said he would pursue a “broad free-market policy” as finance minister. He likened religious reforms to the Supreme Court decision that allowed Christian service providers to decline work from LGBTQ couples.
“For example, arranging for a minuscule number of sex-separated beaches, as we propose, scarcely limits the choices of the majority of Israelis who prefer mixed beaches,” Smotrich wrote. “It simply offers an option to others.”
In the West Bank, Smotrich said, his finance ministry would promote the building of infrastructure and employment which would benefit Israeli Jewish settlers and Palestinians alike. “This doesn’t entail changing the political or legal status of the area.”
Such salves contradict the stated aims of the new government’s coalition agreement, Anshel Pfeffer, a Netanyahu biographer and analyst for Haaretz said in a Twitter thread picking apart Smotrich’s op-ed.
“Smotrich says his policy doesn’t mean changing the political or legal status of the occupied territories while annexation actually appears in the coalition agreement and his plans certainly change the legal status of the settlements,” Pfeffer said.
Danielle Pletka, a senior fellow at the American Enterprise Institute, said foreign media alarm at the composition of the incoming government was premature.
“I suspect that the vast mass of people will maintain the support that they have for Israel because it hasn’t got anything to do with the passing of one government to another and has everything to do with the principle that Israel is a pro-American democracy in a region that’s pretty important,” she said.
That said, Pletka said, the changes in policy embraced by Smotrich and his cohort could alienate Americans should they become policy.
“I think a lot of things can change if the rhetoric from Netanyahu’s government becomes policy, but right now, it’s rhetoric,” she said. “What you tend to see in normal governments is that they need to make a series of compromises between rhetoric that plays to their base and governance.”
Pletka said Netanyahuu’s stated ambition to expand the 2020 Abraham Accords to peace with Saudi Arabia would likely inhibit plans by Smotrich to annex the West Bank. In the summer of 2020, the last time Netanyahu planned annexation, the United Arab Emirates, one of the four Arab Parties to the Abraham Accords, threatened to pull out unless Netanyahu pulled back — which he did.
“It’s not just the relationship with the United States,” she said. “This might alienate their new friends in the Gulf, which, at the end of the day, may actually have more serious consequences.”
Netanyahu has repeatedly sought to relay the impression that he will keep his coalition partners on a short leash.
“They’re joining me, I’m not joining them,” he said earlier this month. “I’ll have two hands firmly on the steering wheel. I won’t let anybody do anything to LGBT [people] or to deny our Arab citizens their rights or anything like that.”
Zakheim said that Netanyahu, who is Israel’s longest-serving prime minister, from 1996 to 1999 and then from 2009 to 2021, has proven chops at steering rangy coalitions — but there are two key differences now.
Netanyahu wants his coalition partners to pass a law that would effectively end his trial for criminal fraud, and so they exercise unprecedented leverage over him. Additionally, Netanyahu in the past has faced the greatest pressure from haredi Orthodox parties, who are susceptible to suasion by funding their impoverished sector. That’s not true of his new ideologically driven partners.
“If you look at his past governments, he has really never been forced into real policy decisions by those to the right of him,” Zekheim said. “Now he’s got a problem because these 15 or so seats of those to his right are interested in policy, not just in money.”
Makovsky said Netanyahu appears to be leaving behind a conservatism that was sympathetic to the outlook of its American counterpart.
“His success has been that he’s a stabilizer. He’s risk-averse. He’s focused on the prosperity of the country, with high-tech success. He’s the one to be seen as the tenacious guardian against Iranian nuclear influence,” he said. “And those are things people could relate to. Now, it just seems like he’s just throwing the playbook out the window.”
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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide
Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.
The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.
To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.
Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.
In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.
The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.
A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.
The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.
Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.
It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.
The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.
But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.
The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.
For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.
No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.
(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)
The post The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide appeared first on The Forward.
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Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’
(JTA) — U.S. Ambassador to Israel Mike Huckabee on Saturday condemned an attack in the West Bank by masked settlers on a Washington Post photographer. The attack, which also targeted Palestinians harvesting their olives, occurred Friday and comes amid a sharp rise in settler violence.
Heidi Levine, the Washington Post photographer who holds U.S. citizenship, described the attack to reporters from her hospital bed.
“I got jumped and I saw in the very beginning at least 25, maybe 50 of them, and I was on the ground and they were kicking me for like 10 minutes,” she said.
“We have called for a full investigation, arrest, and prosecution to the fullest extent of the law to whoever participated in this,” Huckabee wrote on X. “Attacking a female photographer is a despicable act of terror carried out by masked cowards. Dishonorable act of senseless violence.”
Israeli President Isaac Herzog also condemned the “shocking violence” and said he had called Levine to apologize. “I expressed my deepest sorrow to Heidi and apologized for what she went through. The despicable behavior of the perpetrators of this attack does not represent the citizens or the values of the State of Israel.”
Video footage from the scene shows masked settlers surrounding and attacking Levine. Some settlers at the scene were masked and carrying weapons. Palestinians can also be seen throwing stones toward the settlers.
A Palestinian was reportedly shot in additional clashes in the area. The Israel Defense Forces alleged in an official statement that soldiers “fired toward a suspect who ran toward them, carrying a sharp object and posed a threat.” Several vehicles were set on fire by the settlers.
Prime Minister Benjamin Netanyahu was equivocal in addressing the attack, stopping short of directly condemning the assailants.
He said that the circumstances in which Levine was allegedly assaulted “remain unclear,” while adding that “Israel unequivocally condemns violence against anyone.”
According to Netanyahu’s statement, “200 Arabs and far-left activists confronted approximately 40 Israeli youths.”
“We will not allow disputed incidents to be exploited to demonize the hundreds of thousands of law-abiding Jewish residents of Judea and Samaria,” the statement said, using the biblical names for the West Bank.
Netanyahu faces elections in less than two weeks and can ill afford to alienate his far-right coalition partners who are aligned with extreme settler factions.
Israeli opposition leader Yair Lapid, by contrast, issued a forceful condemnation of the attack and linked it to the policies of Netanyahu’s government.
“Jewish terror attacks, this time targeting a Washington Post photographer as well, are not a failure of the government — they are the government’s policy,” Lapid said.
“We will put an end to this. It is a disgrace to the State of Israel, a disgrace to the Jewish people, and a disaster on the international stage,” he added. Settler violence against Palestinians in the West Bank has surged since the Oct. 7, 2023, Hamas-led attack on Israel. Netanyahu’s government has sought to downplay the phenomenon, often portraying the perpetrators as a small group of violent youths. But numerous figures in Israel’s political and security establishments have warned that the violence is a broader and dangerous phenomenon.
Levine told reporters the settlers forcibly took her equipment. “All I remember afterwards is that Palestinians managed to come and rescue me and try to carry me, and then an ambulance came,” she said.
The IDF acknowledged the incident in an official statement, saying that “a female journalist was injured” during a “confrontation.” The military said troops dispersed those involved and that “details of the incident will be examined.”
“Violence against innocent civilians is a grave and intolerable phenomenon that requires a coordinated, multi-agency response. The IDF will work together with the relevant authorities to eradicate this phenomenon,” the military said.
The IDF did not announce any arrests in connection with the attack. Settler violence against Palestinians in the West Bank has frequently gone unpunished, with many such incidents resulting in no arrests.
The Foreign Press Association, which represents international media in Israel and the Palestinian territories, condemned the attack, saying Levine was “badly beaten by Israeli settlers” and had sustained moderate injuries.
“This is the latest in a long line of violent attacks by Israeli settlers against journalists and other civilians in the occupied West Bank. Yet our repeated calls for action to confront this lawlessness have been ignored by Israeli authorities,” the association said.
Matt Murray, executive editor of the Post, issued a statement calling for an investigation. “While we are relieved that Heidi has received medical care and is safe, we are outraged by this unwarranted attack on a journalist doing her job and urge a thorough investigation and follow-through from authorities,” Murray said.
The post Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’ appeared first on The Forward.
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As Netanyahu loses support before election, Ben-Gvir rises in polls
(JTA) — RAMLA – Prime Minister Benjamin Netanyahu and the parties in his coalition seem to be losing support heading into Israel’s first election since Oct. 7 – with one exception. Otzma Yehudit, headed by Minister of National Security Itamar Ben-Gvir, is seeing a rise in the polls.
Ben-Gvir’s growing popularity ahead of the Oct. 27 election was on full display on a recent weekday when the far-right politician, surrounded by a massive entourage of security guards, police and flag-waving fans, made his way through the central Israeli city of Ramla’s marketplace.
Yet, amidst the cheering and celebration, the extreme nationalism that has contributed to his meteoric rise through the ranks of Israel’s political system – and made Ben-Gvir a household name even beyond Israel’s borders – also drew ire and deep-seated fear in this city known for its mixed Jewish-Arab population.
“Here comes the next defense minister,” a gaggle of teenage boys in matching Ben-Gvir T-shirts chanted as the minister walked through the market, greeting shoppers and stallholders begging for selfies. Ben-Gvir has his sights set on being Israel’s next minister of defense, a huge promotion from his current role managing internal security.
At several of the stalls, the controversial minister stopped to embrace vendors. At a pickle stand, he sampled olives. At a candy store, the owner joyously threw handfuls of small candies over the passing group. And at a juice stand, Ben-Gvir and his entourage were treated to complimentary cups of lemonade.
The minister, elated by the welcome, smiled and waved at passersby, grabbing phones to take selfies, and even chatting with excited fans on video calls.
Beyond the celebration in Ramla, however, Ben-Gvir has been condemned in Israel and beyond for calling for the expulsion of Gazans and using dehumanizing language about Palestinians. A disciple of Jewish extremist Meir Kahane, he for years kept a photo of Baruch Goldstein, who mowed down Palestinian worshippers at a Hebron mosque, in his living room.
It is not only his rhetoric and symbolic gestures that have drawn polarizing admiration and anger. During his four years as national security minister, Ben-Gvir has actively downgraded conditions in Israeli jails, pushed through a law establishing a death penalty for Palestinian terrorists and has led the police during the proliferation of settler violence against West Bank villagers.
These measures have earned opprobrium abroad, but they appear to be winning votes. His supporters are ever more impressed with how he puts his words, and paperwork, into action – and shares it proudly on TikTok.
Polls published this week show that even as Netanyahu and his coalition partners are losing votes to the opposition bloc led by former IDF chief Gadi Eisenkot, Ben-Gvir is getting more. Otzma Yehudit, translated as “Jewish Power,” is predicted to increase from its current six seats to as many as nine.
On the ground, in the marketplace in Ramla, Ben-Gvir’s visit drew extreme reactions ranging from sheer joy to pure anger.
“I love Ben-Gvir,” gushed Hodaya Nabara, 52, who seconds before snapped a selfie with the politician. “He does what he says he will do.”
A resident of southern Israel, Nabara said she was most impressed by how he had ordered the demolition of illegally built homes, in some cases whole villages, built by the burgeoning Israeli Bedouin population, in the Negev region where there is little oversight of construction, and where Bedouin say the government neglects their needs.
“They need to know there is a red line and they can’t do whatever they want,” she said.
But as the entourage passed by Michal Sharabi, the 53-year-old began hurling insults at him and shaking.
“I can’t stand him at all, because of him there is no peace in this country,” she told JTA after calming down. “He is a lowlife, and the people going with him don’t believe in themselves. Is he not embarrassed to come to this city, where Jews and Arabs live together … It’s a chutzpah. I’m furious.”
In a nearby grocery store, a mixed group of Arabs and Jews frowned at the unfolding spectacle.
“We don’t like being defined as Arabs or Jews; we are ‘Ramlaim’ (residents of Ramla),” insisted Uri, who said he was Jewish but declined to give his full name. “We are all neighbors here, and he is making people fight.”
His friend, Hamudi Abu Ghanam, said Arab residents of the city like him were impacted by the events of Oct. 7, 2023, when Hamas launched deadly raids inside Israel, just like the Jews, and many came to help out but that Ben-Gvir still incited against them.
“He is racist,” he said. “Since Oct. 7, we are all against Hamas, and instead of saying thank you, he comes and destroys people’s homes.”
Ben-Gvir’s stop in Ramla struck a particular nerve because the city, which is about 78% Jewish and 22% Arab, was a central point of tension in 1948 when Israel was created. For Arabs, the evidence of the Nakba, which Palestinians call the “catastrophe” of Israel’s creation that displaced the local Palestinian Arab population during its war of independence, is all around in ruins.
At one point on his jaunt through the market, two Arab girls donning traditional hijab headcoverings hovered nearby, but they quickly made a U-turn when they realized who was at the center of the commotion.
Some Jewish onlookers pointed to his theatrics as reasons they were unimpressed by him. Benny Muhtar, 68, a Jewish resident of Ramla, told JTA he thought Ben-Gvir was full of “hot air” – a populist with no substantial policies.
“Look at the young men surrounding him; they are making a lot of noise like this is a serious campaign … that is what is making the people look up and take notice, but none of it is real, and he is doing a lot of damage,” he said.
Others enjoyed the spectacle but, with less than two weeks to go until casting their vote, were still unsure whom they would choose.
“He’s done a lot of really good things,” said Edna Mahbesh, 65, who was handing out the free lemonade. “I really hope he is successful in the election.”
But she was not sure if she would actually vote for him.
“I’ll decide that next week,” she said.
Arbel Flehandler, 19, a first-time voter, stood on the side, watching in awe as the politician passed by.
“He is really good and does a lot of good things,” he said. “I am definitely going to vote for a right-wing party, but not sure if I will vote for him or not. This is my first time, and I am still thinking about it.”
Zehava Perets, 80, said the reactions to Ben-Gvir showed just how polarized Israel is right now.
“It is such a shame there are so many divisions,” she said. “I really don’t know who I will vote for … There are a few good people in each bloc, but it is impossible to get them to work together.”
Liron Lavie, an assistant professor in the Department of Political Studies at Bar-Ilan University, said the extreme reactions for and against Ben-Gvir “speaks to how politics works these days” – as politicians “connect with the electorate through emotional reaction and a sense of pride or fear.”
She said Ben-Gvir should be viewed as part of the “larger global trend where far-right parties are getting stronger.”
Lavie assessed that Otzma Yehudit benefited from the growing appeal of providing simple solutions and simple messaging – and that Ben-Gvir was especially effective on social media platforms such as TikTok.
“At the end of the day, people prefer simple messages,” said Lavie.
She also said that Ben-Gvir, despite being in the government on Oct. 7, had successfully distanced himself from that fact and positioned himself as a strong alternative to Netanyahu on the right.
“Likud and Netanyahu are losing ground,” she said. “They are being criticized about how they managed the situation, either from the center and left or from the right, allowing voters to go to Ben-Gvir, who was able to position himself as an [alternative] to Netanyahu from the right.”
This article originally appeared on JTA.org.
The post As Netanyahu loses support before election, Ben-Gvir rises in polls appeared first on The Forward.
