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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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In her inspired and inspiring history of the Jewish Bund, Molly Crabapple has found her anti-Zionist heroes for our time
Here Where We Live Is Our Country: The Story of the Jewish Labor Bund
By Molly Crabapple
One World, 453 pages, $32
The week of Passover, north Brooklyn bus riders found something unusual at several bus shelters. Swapped out for paid ads were quotes including one translated from a 1938 essay in Tsukunft, a Yiddish literary monthly once published by the Forward Association.
“If a Jewish state should arise in Palestine,” it read, “its spiritual climate will be eternal fear of the external enemy (Arabs); eternal struggle for every bit of ground with the internal enemy (Arabs); and an untiring struggle for the extermination of the language and culture of the non-Hebraized Jews of Palestine. Is this a climate in which freedom, democracy and progress can grow?”
There are pithier anti-Zionist slogans graffitied in Brooklyn, but this quote was from Henryk Erlich, a leader of the Jewish Labor Bund, a staunchly anti-Zionist socialist party founded in Vilna in 1897 that became the most influential political party among prewar Eastern European Jews.
The bus shelter takeover was part of a guerrilla ad campaign for Here Where We Live Is Our Country: The Story of the Jewish Labor Bund, a new book by the artist, activist and writer Molly Crabapple. The campaign, which started the same week the Justice Department sued Harvard University, accusing it of tolerating antisemitism by failing to crack down on anti-Zionist student protesters, also included wheatpasted posters of a model in fishnets holding Crabapple’s book.
The Trump administration and leading American Jewish groups like the Anti-Defamation League and American Jewish Committee argue that opposing Zionism, defined as Israel’s right to exist as a Jewish state, is antisemitic; Crabapple’s response is a 400-page Jewish history lesson.
Before World War II, most Jews were not Zionists. Many Orthodox communities felt that forming a Jewish state was heresy, others thought the mass migration of 9 million Jews from a hostile Europe was impractical. The Bund’s opposition to Zionism was not religious or pragmatic; it was ideological. Bundists argued that the future of Jews was linked to all workers, and they should stay and fight repression in Europe, not leave. They called this form of solidarity doikayt, Yiddish for here-ness, as opposed to Zionism’s there-ness.
Crabapple places the Bund, initially an outlawed group in Tsarist Russia, at the center of both the failed 1905 and successful 1917 revolutions. In interwar Poland, as a legal party, it became the most powerful Jewish political movement, even winning seats in municipal elections, and during the Holocaust, Bundists became ghetto fighters and partisans. But the Bund was purged by Stalin, who killed Erlich four years after his Tsukunft essay, and decimated by the Nazis. In postwar America, the Bund was mostly forgotten.
Crabapple, a member of the Democratic Socialists of America and an Occupy Wall Street alumna, learned of the Bund through a watercolor by her great-grandfather the artist Sam Rothbort. The painting, set in the Belarusian shtetl of his youth, shows a young woman in a blue dress throwing a rock through a cottage window. The caption reads: “Itka, the Bundist.”
In her 2018 New York Review of Books essay “My Great-Grandfather the Bundist,” Crabapple recounts discovering that Rothbort’s activism in Tsarist Russia forced him to flee to New York in 1904.
Since the publication of her article, Crabapple spent six years learning Yiddish, visited the former centers of Eastern Europe Jewish life, and dug through obscure Yiddish socialist tomes to produce her book. During the same time, Hamas attacked Israel on Oct. 7, 2023 and Israel responded by killing over 70,000 in Gaza in attacks which many, including the Israeli human rights group B’Tselem, have called a genocide. At the time of this writing, Israel is occupying southern Lebanon and along with the United States is at war with Iran. For the first time, Gallup polls show more Americans sympathize with Palestinians than with Israelis, and an increasing number of younger Jews have rejected Zionism outright and are rediscovering the Bund.
Crabapple’s book is written for this moment. More than translating Bundist theory from Yiddish, she puts it into the language of today’s left. When Julius Martov declared in 1894 “that Jewish workers were oppressed both as workers and as Jews, as a race and a class,” Crabapple explains that he was invoking what the modern-day scholar Kimberlé Crenshaw calls “intersectionality” and was a form of “identity politics.”
To tell the Bund story, Crabapple focuses on a cast of characters including Erlich’s wife, the poet and activist Sophia Dubnow; the militant leader Bernard Goldstein; the famous ghetto smuggler Vladka Meed (nee Feigele Peltel); and her own great-grandfather Sam Rothbort. In some instances, she relies on memoirs; for Rothbort, she interprets the hundreds of paintings and sculptures in her great-aunt’s Brooklyn home and pulls on genealogical threads from her mother’s shoebox of family papers.
Crabapple, whose artwork is in the permanent collection of MoMA and the Rubin Museum, and has posters currently on display at the Poster House, introduces each character with an ink drawing portrait. Her artwork tends to lay bare her political perspective. She renders Donald Trump grotesque, while her sketches of Bundists are more similar to her portraits that glorify leftist icons like Luigi Mangione, the accused assassin of the United Health Care CEO Brian Thompson.
When asked in 2020 on the progressive Jewish podcast Treyf if progressives were engaging with a “romanticized fantasy of the Bund,” she didn’t disagree. “There’s actually a great value to simplified and aesthetic symbols in politics,” she said. “The fantasy of the Bund that I see is a muscly Jewish guy in a newsboy cap saying ‘fuck the Zionists’ with one middle finger while the other hand punches a Nazi.”
Here Where We Live Is Our Country is not a caricature of the Bund, nor a work of fan fiction; it’s a deeply researched portrait, but at its core lies this romantic vision. The Bund ran soup kitchens, sports programs and day camps, and promoted the Yiddish language, but Crabapple is most attracted to their street-fighting militancy. And her narrative can be one-sided. The Erlich quote in the book and on the bus shelter was part of a public debate with his father-in-law, the historian Simon Dubnow. Dubnow’s response goes untold.
But there are plenty of academic texts that dissect 90-year-old political debates. Crabapple’s book is different, and better for it. Here Where We Live Is Our Country reads like an epic novel with the Bundists as its tragic heroes.
Crabapple, as narrator, relates her experiences protesting at the 2011 Occupy Wall Street encampment, canvassing housing projects with the DSA, reporting from the West Bank and Gaza, and traveling through war-torn Ukraine. The personal interjections remind the reader that this is not a dispassionate history. Naomi Klein’s blurb praises the book as “a portal to an irresistible, lost world,” but Crabapple’s goal is not to write an elegy. She calls the Bund’s history a “candle to illuminate the tumultuous present” and hopes her book “serves as a guide to our urgent moment.” She decouples Zionism from Jewishness and shows that anti-Zionism alone is not antisemitic, but she leaves largely unresolved the question of what the Bund’s example demands of us today.
The Bund organized eastern European Jewish workers who lacked basic civil rights. Today’s challenge is less about Jewish empowerment, than it is about how Jews wield power, vis-a-vis the state of Israel and its military. In the book, however, Israel barely appears as an actual place where millions of Jews and Palestinians live. Instead, Israel is seen through the prism of its founding ideology, Zionism — one which pre-war Bundists argued adopted the worst quality of European ethno-nationalism.
As the Erlich quote argues, a Jewish state in Israel was destined to repeat endless cycles of violence and tribalism. In this view, the socialist kibbutzes that seduced leftists like a young Bernie Sanders or the overtures of peace and coexistence by Liberal Zionists like Yitzhak Rabin, are all illusions. For Crabapple, the inescapable reality of Zionism is instead the right-wing Benjamin Netanyahu, the violent settlers, and increasingly brutal wars and occupation.
The antidote is the Bundists’ concept of solidarity — where Jews join with the workers of the world but, unlike in Communism, hold on to their Jewish identity. One of the quotes Crabapple returns to several times is from the Socialist Congressman and Bundist ally Meyer London in 1905, where he inverts the story of Exodus: “Are you aware that in Russian Poland, thousands of our Jewish boys and girls are giving their lives for liberty? They pray to God, not to lead them again out of Egypt, but to help them to free Egypt.”
The quote, like Crabapple’s book, is poetic and noble. It goes against everything I learned in Hebrew School, yet somehow reflects Jewish values in its call to be empathetic to the oppressed, because we “were once a stranger in a strange land.”
Reflecting on a 1938 Erlich speech about the rise of Nazism, where he calls on Polish Jews to stand in solidarity with the same people who had carried out pogroms across their country, Crabapple writes: “This was it. There was only Egypt, the Bund knew, and they were stuck with the Egyptians. They were people first, not Jews or goys.” It is a beautiful and heartbreaking line, knowing what came next.
This tragic solidarity is presented as a point of inspiration, but how? The 2023 Jewish Voices for Peace cease-fire protest that filled Grand Central Terminal is offered as an example of Bundist-like solidarity in action, but Crabapple, who has supported a cultural boycott of Israel, stops short of prescribing what this anti-Zionism should mean today.
Vast numbers of Jews, including Bundists, did leave Egypt and cross into Israel — not not because of ideology or religion, but because of history. American labor leader David Dubinsky, who is featured in the book, was exiled to Siberia by the Tsar and escaped to New York, where he co-founded the Jewish Labor Committee in 1934, providing Bundists critical support during the Holocaust.
In his memoirs, Dubinsky recalls telling David Ben-Gurion after the war, “even though I am sympathetic to the creation of Israel, I am not a Zionist.” He then spent decades steering American labor to support Israel financially and politically.
Crabapple also includes Vladka Meed, the celebrated ghetto smuggler, drawing on her memoir Both Sides of the Wall, the proceeds of whose English edition were donated to the Ghetto Fighters’ House Museum in Israel, where Meed led groups of Americans on educational trips.
The historian David Slucki in his 2012 book, The International Jewish Labor Bund after 1945, finds that over time the Bund came to terms with the state of Israel; the Bund’s World Coordinating Committee accepted it as an important Jewish community, but not the sole political and cultural center, and eventually advocated a two-state solution.
It’s hard to imagine the Bund simply “Standing with Israel” today. But nearly half of Americans under 30 describe Hamas as a militant resistance group rather than a terrorist organization, and anti-Zionism has been taken up by far right antisemites. Crabapple doesn’t spell out what the Bundist response would be today; she leaves that to the reader. What she does is resurrect a buried political tradition in a way her Bundist heroes would appreciate: not just in book form, but in the streets for everyday Brooklyn bus riders.
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Long Island town ordered to pay $19M after blocking Chabad synagogue construction
(JTA) — After nearly two decades of legal sparring, a town on Long Island has been ordered to pay a local Chabad center $19 million, settling claims that officials unlawfully blocked the construction of a synagogue on its rabbi’s property.
Rabbi Aaron Konikov and Lubavitch of Old Westbury sued the Village of Old Westbury in 2008, after the village passed a law in 2001 governing places of worship as Konikov sought to build a synagogue on his property.
Local officials enacted the law two years after Konikov planned a ceremony to announce a new building on the land where he already operates a synagogue. They decreed that houses of worship could be built only on plots of 12 acres or more. Konikov owns a 9-acre plot.
In October, U.S. District Judge Gary Brown ruled that the 2001 ordinance “unconstitutionally discriminates against the free exercise of religion and is therefore facially invalid.”
Old Westbury agreed to pay the plaintiffs in the suit $19 million as part of a consent decree, which was signed by Brown on March 18, Newsday reported this week.
“This consent decree may not be modified, changed or amended except in writing signed by each of the parties approved by the court,” Brown wrote. “Each party participated fully in the negotiation and drafting of the terms of this decree, and any ambiguity shall not be construed against any party.”
Kornikov did not respond to requests for comment on Monday. But he may soon be switching into construction mode for his long hoped-for synagogue, for which preliminary plans show a 20,875-square-foot building and an adjacent parking lot.
The $19 million payment will be made by the village’s insurance providers, and Lubavitch of Old Westbury has until Jan. 15, 2027, to apply for a special-use permit from the village to build a synagogue, according to Newsday.
The ruling marks a notable victory for emissaries of the Chabad-Lubavitch movement, who have often been met with legal challenges when establishing centers. Last July, the Village of Atlantic Beach in New York agreed to pay Chabad of the Beaches $950,000 to settle a legal battle over the construction of a new community center.
This article originally appeared on JTA.org.
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Iran claims synagogue in Tehran was ‘completely destroyed’ by US-Israeli strike
(JTA) — Iranian state media claimed on Tuesday that a synagogue in Tehran was “completely destroyed” by a U.S.-Israeli strike.
The claim was impossible to verify. Footage of the alleged attack on the Rafi-Niya Synagogue posted online showed open Hebrew prayer books scattered among the rubble of a building.
The synagogue was damaged when a nearby residential building in Tehran was attacked, according to Iranian news agencies. The Rafi-Niya Synagogue is located near Palestine Square, an epicenter of the Iranian regime’s anti-Israel propaganda.
The United States and Israel have been bombing sites in Tehran for more than a month since launching a war on the Islamic Republic regime. Israel emphasized that it does not target religious sites.
Homayoun Sameyah Najafabadi, the only Jewish representative in Iran’s parliament, condemned the attack in a video published by Iran’s official IRIB News outlet.
“The Zionist regime showed no mercy towards this community during the Jewish holidays and attacked one of our ancient and holy synagogues,” Najafabadi said. “Unfortunately, during this attack, the synagogue building was completely destroyed, and Torah scrolls remain under the rubble.”
About 8,000 Jews live in Iran and worship in dozens of synagogues. The war has exacerbated their delicate position, as they are technically granted freedom of religion but face peril if they demonstrate any connection to Israel or dissent against their government. Hundreds of Iranian Jews who have applied for refugee status because of religious persecution are trapped in the country after the United States halted refugee admissions.
The alleged attack comes one day after the Israeli Ministry of Foreign Affairs posted footage of an undetonated missile on a street, writing that an “Iranian regime missile struck next to a mosque in Israel.”
“A regime that targets civilians and sacred spaces of all religions has no red lines,” the ministry wrote in a post on X. “Nothing is off limits for them.”
On Tuesday, the Israeli prime minister’s office issued a statement about the alleged damage to the Rafi-Niya synagogue. “Iran is firing missiles at civilians, Israel is striking terror infrastructure,” it said. “Missiles on civilians versus precision strikes on terror targets. That’s the difference.”
This article originally appeared on JTA.org.
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