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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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250 years of American Jewish life is a miracle. Don’t take it for granted.
When I moved from Belgium to the United States for graduate school in the early 2000s, international-student orientation warned me about three areas in which I would experience culture shock: doctors, dating, and food. They were right: I am still looking for good chocolate. But what nobody mentioned was that culture shock can also work in the other direction: you can encounter something so different in a good way that it, too, takes time to understand. For me, that was American Jewish life.
The Judaism I had grown up with in Belgium was timid and a little subdued; it felt to me as though it did not quite dare to put down roots or imagine itself as fully Belgian. American Judaism bewildered me at first by its sheer pluralism: so many denominations, and within them so many people experimenting with what it meant to be and do Jewish in this country and in this world.
Even more surprising was its creativity — the music, the intellectual life, the social activism, the constant invention of new institutions, rituals and communities. It was also loud and argumentative. American Jews tangled about Judaism, politics, Zionism and one another. The old story about two Jews having three opinions was not a joke here but a reality.
I loved it. Not because I agreed with all of it — I certainly did not — but because even the arguing seemed to me evidence that American Jews did not feel they had to hide or be discreet, not even about their disagreements.
Of course, Jewish success in the United States did not mean that America offered the same possibilities to everyone. Jewish integration took place in a country whose deepest structures of exclusion targeted Black Americans. That inequality is part of the American Jewish story and complicates any account of its success.Nor was the American Jewish experience free of prejudice: American Jews encountered social ostracism, quotas in higher education, exclusion from neighborhoods and country clubs, and violence.
And yet, over 250 years, Jews in the United States became deeply woven into the political, cultural and civic life of the country. How the encounter between Jewish traditions brought from many parts of the world and the particular freedoms, tensions and possibilities of American life produced a distinctively American form of Judaism is a question that has stayed with me ever since, and America’s 250th anniversary seems like a good moment to return to it.
I think part of the answer lies in the American idea of hyphenated identities. In a country of immigrants from many parts of the world, the hyphen suggested a social architecture, albeit imperfect, that allowed for multiple communities to coexist within a larger whole. By contrast the Europe in which I grew up remained more attached to myths of national homogeneity that made Jewish belonging harder.
But today, across the political spectrum, people are asking what America as an idea and a national community stands for. Historically, such moments have often made Jews a test case for the limits of inclusion. To those who imagine the nation as a homogenous family, Jews are strangers; to those who imagine it as a universal community, Jews often seem too particularistic.
Amid rising antisemitism, the aftermath of Oct. 7, turmoil on university campuses and intense political polarization, it is not surprising then that many American Jews are feeling anxious about the future. The pessimists believe something fundamental is broken and wonder whether it is time to keep a packed suitcase ready. The optimists insist that America remains different, even exceptional, and that American institutions and laws are strong. This too shall pass, they say.
As a historian, I am skeptical of both positions. The past is full of moments that look inevitable in retrospect because, once we know what happened, it becomes harder to imagine other outcomes. But in the moment, multiple futures are always possible. History cannot tell us which one will become ours, but it can broaden the range of possibilities we are able to see.
That is one reason I created a new public course at Brandeis this fall, America and Its Jews at 250. I wanted to see what becomes visible when the questions troubling American Jews today are placed against that much longer historical horizon. Over the course of the semester, 28 scholars and public thinkers will examine the relationship between Jews and America from the colonial period to the present. At a moment when so much attention is understandably focused on Israel, I also wanted us to look more closely at the American Jewish experience and what Jews built here.
Doing this at Brandeis is especially meaningful. Many of America’s oldest and most influential universities grew out of Christian religious communities. Brandeis represented something different: the possibility that a university could be rooted in American Jewish life while being as intellectually ambitious and universal as any of them. A course about America and its Jews belongs in that tradition because these are not two histories that happened in parallel; they are intertwined.
Time has cured most of my culture shock, but I have not forgotten the surprise I felt 26 years ago at the vibrancy and pluralism of American Jewish life. Much of our discussions, in this anniversary year, focus on the country’s uneven path toward more justice and equality, and rightly so. But that should not obscure the immense creativity that this messy and contested American experiment made possible. American Jews embraced its possibilities with a vitality that produced forms of Judaism few of their forebears would have recognized, yet that remain deeply connected to what came before. That dynamism also produced disagreements and fragmentation, and anxiety about what still holds Jews together.
Culture and creativity depend on the soil in which they develop. Protecting American jewish life therefore means not only to fight for Jews and Judaism, but also for the pluralistic republic that allowed them to flourish. Perhaps one day historians will give this entanglement of Judaism and America a name. But for now it remains unnamed because it is still being made, and because its future, I hope, is still in our hands.
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El-Sayed defends opposing Israel aid as he woos Jewish voters
Dr. Abdul El-Sayed made opposition to U.S. military aid to Israel a defining issue of his campaign in Michigan’s Democratic Senate primary. On Sunday, as the party’s nominee, El-Sayed explained why he supported sending American military aid to Ukraine in its war against Russia but opposes sending aid to Israel as it fights Hamas and other armed groups in the region.
“In Ukraine, you’re talking about attacks from a leader of a neighboring sovereign country, who clearly violated international law in attempting to breach the sovereignty of the Ukrainian public,” El-Sayed said in an interview on NBC’s Meet the Press. “That is conditional on that circumstance.”
As for Israel, he argued, the United States has “been offering unconditional foreign military aid to Israel independent of the circumstances for years and years and years.”
The distinction comes as El-Sayed tries to draw a clearer line around his position on Israel aid as he moves into the general election, following a narrow victory over Rep. Haley Stevens, who was backed by AIPAC and other pro-Israel Jewish groups.
Since his primary win, El-Sayed said in media appearances that his opposition to unconditional military aid — including funding to the Iron Dome defense system — goes beyond Israel. He pointed to Egypt, where his parents were born, as well as to Saudi Arabia and Jordan, saying those U.S. allies should not receive unconditional American military support either.
“It’s not just Israel,” El-Sayed said, adding, “It’s about the conditions.”
When pressed on whether there was any scenario in which he would support military aid to Israel, El-Sayed said he could consider supporting it if Israelis and Palestinians reached an agreement that guaranteed, as he described it, the “Palestinian people and Jewish Israeli people” equal rights to “peace, dignity, and self-determination.” During the primary, El-Sayed stopped short of explicitly backing a two-state solution.
The Jewish voter test
El-Sayed’s position on Israel is becoming a test of whether he can unite Democrats for the general election in one of the nation’s most important swing states. Many Jewish Democrats remain uneasy with his rhetoric on Israel — including his calling Israel “bloodthirsty” — even as the party needs their support to defeat Republican Mike Rogers and improve its chances of winning back the Senate.
The Jewish Democratic Council of America, which backed Stevens and said its volunteers made nearly 100,000 calls on her behalf, said that the “razor-thin margin” in El-Sayed’s victory is evidence that pro-Israel Democrats remain an important electorate within the party.
Halie Soifer, JDCA’s chief executive and a Michigan native, said in a Substack post Friday that Jewish Democrats are standing “on a political fault line” after El-Sayed’s victory. “Jewish voters’ concern with El-Sayed and other far-left candidates is rooted in concern for our safety and security given rising antisemitism and antisemitic violence, including when Jews are blamed for the actions of Israel,” she wrote.
Jewish voters make up just 1.4% of the electorate in Michigan, but they could still prove decisive in a close race. Michigan has been decided by narrow margins in recent elections: Donald Trump won the state in 2016, Joe Biden flipped it in 2020, and Sen. Elissa Slotkin narrowly won her Senate race in 2024 even as Trump carried the state in the presidential race.
AIPAC’s super PAC, United Democracy Project, which spent more than $30 million in the primary, is reportedly weighing additional spending in the general election to boost Rogers. It would likely be joined by other groups, including the centrist Democratic groups Third Way and Welcome PAC, as well as the Republican Jewish Coalition.
Jeremy Ben-Ami, president of the liberal pro-Israel group J Street — a progressive alternative to AIPAC — urged El-Sayed to take a different approach to the Jewish voters who opposed him. Ben-Ami wrote in a Substack post that El-Sayed should spend significant time listening to Jewish Michiganders and their concerns about vulnerability and antisemitism, while making clear “in words and in actions” that Jews who care deeply about Israel have a place in his coalition.
‘I love and revere Judaism’
In the Sunday interview, El-Sayed sought to reassure Jewish voters who remain skeptical of him.
Asked to respond to President Donald Trump’s comments that El-Sayed “hates” Israel and Jewish people “with a passion that burns in his heart,” El-Sayed said, “I love and revere Judaism and the Jewish people. I believe they’re a light unto the world.”
El-Sayed recalled growing up in Bloomfield Hills, a metro Detroit community with a large Jewish population, and being invited to Passover Seders, synagogues and bar and bat mitzvahs. “I’m really honored for what I learned and got to share with my Jewish sisters and brothers,” he said. “But they are not the same as AIPAC and Israel.”
The candidate also disavowed some remarks by Hasan Piker, the popular pundit and streamer who has been accused of antisemitic rhetoric and who appeared with El-Sayed on the campaign trail. El-Sayed said Piker’s statement that “America deserved 9/11” was “dumb,” though he did not commit to ending campaign appearances with him.
The test in the coming months is whether El-Sayed can win over skeptical Jewish and moderate Democrats without moderating his views on Israel or losing the progressive and pro-Palestinian voters who propelled him to victory.
The post El-Sayed defends opposing Israel aid as he woos Jewish voters appeared first on The Forward.
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The Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
