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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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Tidbits: The first director of the Polin Museum is back
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
דער ערשטער דירעקטאָר פֿונעם „פּולין מוזיי פֿון דער געשיכטע פֿון די פּוילישע ייִדן אין וואַרשע“ — דאַריוש סטאָלאַ — איז לעצטנס ווידער באַשטימט געוואָרן ווי זײַן דירעקטאָר. אַ צאָל אָבסערוואַטאָרן האַלטן אַז דאָס איז אַ סימבאָלישער נצחון פֿאַרן ייִדישן אָנדענק אין פּוילן.
באַלד ווי דער מוזיי איז געגרינדעט געוואָרן אין 2014 האָט סטאָלאַ, ווי דער דירעקטאָר, שטאַרק באַטאָנט דעם חיובֿ פֿון פּוילן צו אָנערקענען איר פֿאַרטיליקטע ייִדישע פֿאַרגאַנגענהייט. דער געוועזענער קולטור־מיניסטער פֿון דער נאַציאָנאַליסטישער פּאַרטיי, וואָס האָט דעמאָלט געהערשט אין פּוילן, האָט אים אָבער באַשולדיקט אין „פּאָליטיזירן“ דעם מוזיי.
סטאָלאַ האָט למשל אַרויסגערופֿן פּראָטעסטן בײַ די הויכע באַאַמטע פֿון דער רעגירונג צוליב אַן אויסשטעלונג אין 2018, וואָס האָט דאָקומענטירט דער רעגירונגס אַנטיסעמיטישע קאַמפּאַניע אין 1968, וואָס האָט פֿאַרטריבן ייִדן פֿון זייערע שטעלעס און געצוווּנגען בערך 13,000 פֿון זיי צו פֿאַרלאָזן דאָס לאַנד.
הגם סטאָלאַ האָט דעמאָלט געוווּנען אַ קאָנקורס צו פֿאַרלענגערן זײַן קאַדענץ האָט דער קולטור־מיניסטער אים פֿאַרטריבן פֿונעם פּאָסטן.
מיט אַ יאָר פֿריִער, אין 2018, האָט פּוילן דורכגעפֿירט אַ געזעץ, וואָס פֿאַרווערט דאָס באַשולדיקן פּוילן אָדער די פּאָלאַקן אין קאָלאַבאָרירן מיט די דײַטשן. שפּעטער האָט מען עס געביטן פֿון אַ פֿאַרברעכן וואָס דראָט זיצן אין תּפֿיסה אויף בלויז אַ ציווילער געזעץ־ברעכונג. קריטיקער טענהן אַז דער גאַנצער ענין האָט אָבער שטאַרק געשטערט דעם געביט פֿון פֿאָרשן די געשיכטע.
איצט איז סטאָלאַ ווידער באַשטימט געוואָרן ווי דער דירעקטאָר פֿונעם מוזיי דורך דער קולטור־דירעקטאָרין פֿון דער הײַנטיקער צענטריסטישער רעגירונג, מאַרטאַ טשענקאָווסקאַ. רעדנדיק צו סטאָלאַן האָט זי דערקלערט: „אין 2019 האָט דער מיניסטער פּיאָטער גלינסקי באַשלאָסן צו איגנאָרירן די רעזולטאַטן פֿונעם קאָנקורס. מע האָט אײַך דעמאָלט, מיט זעקס יאָר צוריק, געדאַרפֿט באַשטימען פֿאַר דעם אַמט. טײַערער פּראָפֿעסאָר, זאָל זײַן מיט מיט מזל!“
סטאָלאַ האָט זי באַדאַנקט און געזאָגט: „די מיסיע פֿונעם מוזיי איז נאָך וויכטיקער הײַנט צוליב די פֿינצטערע כּוחות וואָס פֿאַרקרימען דעם אָנדענק פֿון דער פּויליש־ייִדישער פֿאַרגאַנגענהייט.“
צו זען דעם אַרטיקל אויף ענגליש, גיט אַ קוועטש דאָ.
To see the article in English, click here.
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Assault of Hebrew-speaking Israelis in San Jose, Calif., spurs outcry and investigation
(JTA) — Jewish leaders in California are condemning an assault of Hebrew-speaking Israelis outside a San Jose cafe on Sunday that has sparked viral video and a police investigation.
J. The Jewish News of Northern California obtained multiple videos of the assault and its immediate aftermath and spoke to the Israeli men, who said the two groups had not interacted before the incident. One of them said he recalled hearing one of the assailants say “f—ing Jew” during the attack.
The videos show three men punching an older man as diners look on, some shouting but none intervening. One of the assailants loses his shoe and retrieves it before he and the other two men with him run off along Santana Row, a thoroughfare lined by outdoor dining. The videos do not show what happened immediately before the assault began.
The J. also spoke to multiple witnesses, including a retail worker whose parents were born in Iran and said he heard one of the assailants speaking Farsi, the language spoken there.
The incident comes at a time of high alert for Israelis and Jews because of the U.S-Israel war on Iran, which has a record of staging attacks on Jewish targets around the world. It also adds to a string of incidents, many in Europe, in which Israelis abroad say they have been assaulted because of their national identity when someone has heard them speaking Hebrew.
Police in San Jose say they are investigating the incident as a possible hate crime. No arrests have yet been announced.
“Antisemitism and all acts of hatred have no place in San Jose,” Mayor Matt Mahan said in a statement. “I have been in touch with our police department and leaders in the local Jewish community regarding this deeply disturbing incident and will continue to monitor the situation closely as the investigation continues.”
Jewish Silicon Valley, a nonprofit serving the region, said it was working with a range of local groups and officials to respond to the incident, including Chabad of Almaden, where the Israeli men said they first met; the Israeli consulate; and County of Santa Clara District Attorney Jeff Rosen, whose online biography also notes that he has also been the president of his local synagogue.
“Unfortunately, we are ready for these types of moments,” Jewish Silicon Valley said in a message to constituents. “Our longstanding relationships with law enforcement and elected officials allow us to mobilize immediately in moments of crisis.”
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Workplaces open, schools remain shut — and Israeli parents pull out their hair over wartime Zoom classes
(JTA) — TEL AVIV — When news broke that Israel might gradually reopen schools in areas considered safe enough, Yael Daniel, a mother in Bat Yam in the missile-hit center of the country, joked that she was “moving north.”
The war has shut schools and pushed children onto Zoom learning while many parents, like Daniel, keep working. Trying to supervise remote lessons for her three children, ages 6 to 8, who have attention difficulties, while holding down a full-time job has turned each day into “a nightmare,” she said.
“These are kids that need to be in a serious routine, and they’re not, and it’s really hard. I’m suffering,” she said.
The strain intensified after the IDF’s Home Front Command allowed workplaces to reopen last week under updated wartime guidelines, even as the education system remained closed.
Israeli actress and mother of two Meshi Kleinstein was one of many parents who took to social media as the decision drew anger and disbelief. “What a delusional country. Who looks after the children when the parents return to work?” she said on Instagram.
In response to the outcry, Finance Minister Bezalel Smotrich announced Sunday that one parent in households with children under 14 would be allowed to take unpaid leave while the education system remains shut.
The move prompted further backlash from parents who say it effectively forces families to choose between supervising children at home and losing income.
And for some, like Zehavit, who was speaking from a bomb shelter during a siren in the central city of Jaffa, it didn’t make sense. “Just because my child is 14, does that automatically mean he’s fine to be alone and run to the shelter by himself in the event of a siren?”
Outside the shelter, another mother, Renana, said the arrangement has forced her to reorganize her workday around her son’s online classes.
“I have one child in first grade. Since the Zoom classes started I work less because he uses my computer,” she said.
“He has three consecutive hours with different teachers and I need to sit next to him so he can communicate with them, which means I’m listening to the whole lesson and not working.”
Claire Bloom Moradian spends her days shuffling her children between school Zooms, extracurricular Zooms and playdates just to approximate a routine. “It’s just chaos, I’m absolutely exhausted,” she said.
In a Facebook post, Rachel Sharansky Danziger recounted that the return to Zoom after Oct. 7 was “the straw that broke the camel’s back,” leaving her so overwhelmed that she called a mental health hotline at the time, unable to understand why “all the death, the kidnappings, the horror” had not broken her, but remote learning did.
Zoom had revived the helplessness of the Covid years, she said, with too few devices, constant technical glitches and children yelling that nothing was working — all against a backdrop of dread about what might be looming outside the apartment doors.
“I can be strong,” she had told the woman on the other end of the helpline. “I can be positive and supportive and encouraging and manage myself and the domestic and social arena around me with precision and strength and awareness of the needs of those around me. But I can’t do all of this while trying to solve dozens of technological problems every morning.”
Education Minister Yoav Kisch said on Monday morning that he is examining a gradual reopening of schools using a color-coded system, with institutions expected to resume first in areas classified as “yellow,” meaning places where security conditions and access to protected spaces would allow limited in-person learning, with parents responsible for getting children to school.
About 40% of Israeli schools cannot offer all of their students access to bomb shelters if a siren sounds, according to data released this week.
Kisch’s terminology was another reminder of the pandemic-era, in which cities were ranked by color according to infection levels, with tighter restrictions in “red” areas. On social media, some parents greeted Kisch’s proposal with weary sarcasm. “Ah, yes, the color chart. Because that went so well the first time,” one person tweeted in response.
Municipal leaders were divided over whether to implement Kisch’s plan. Haifa Mayor Yona Yahav said the city would keep schools closed for now, saying he had “no intention of endangering students, drivers, and teaching staff,” as officials weighed the risks of transporting children during ongoing alerts. Others signaled they would move ahead. Roy Levy, mayor of nearby Nesher, said schools would reopen in line with Home Front Command guidelines, calling a return to classrooms “an emotional and social need.” Jerusalem Mayor Moshe Lion also said he would partially reopen the city’s education system, citing the need for “a routine, an educational framework and meetings with friends and teachers.”
But by Monday evening, Kisch was forced to backpedal after the IDF’s Home Front Command said that wartime restrictions would stay in effect across the country, keeping schools shut for now. A limited reopening may be attempted again starting next week — or not.
In one of the darkest incidents to emerge from Israel’s forced return to Zoom schooling, a teacher in Jerusalem was attacked by her partner in front of her students during an online lesson. He struck her in the head and smashed objects in their home before being arrested, later telling investigators he had acted out of “feelings of jealousy.”
Reports of domestic violence in Israel tend to rise during periods of war and home confinement. Data compiled after Oct. 7 showed a 28% increase in calls to Israel’s welfare ministry hotline related to domestic violence, sexual abuse and child neglect during the first months of the war.
Not everyone viewed Zoom as futile. Nataly Peleg, a first-grade teacher, said the classes are less about academics than about giving children a welcome distraction — even if she does not compel her own children to join theirs.
“It’s not so much whether they learn or not,” she said. “It’s about being together for a bit and focusing on something that isn’t the sirens and the surreal situations around us.”
Some children find the classes comforting, she said, while others are simply waiting for them to end or do not join at all. Still, she said, many parents have told her they appreciate the effort. “If even a handful of kids feel a bit better, it’s worth it,” she said.
Daniel, for her part, is trying to keep things in perspective. Despite feeling “super overwhelmed,” she said she is thankful her family is safe.
“Things could always be worse,” she said. “I’m just grateful we are all OK.”
In her post, Danziger said she was passing on the advice the hotline counselor had given her more than two and a half years ago.
“Don’t. Don’t let distance learning control you,” she said, adding that “nothing terrible would happen if your kids don’t join some of the Zooms — or, to be honest, all of them.”
While “we parents may not be bombing Tehran or deciphering nuclear secrets right now,” she wrote, “the responsibility for our children’s education and the functioning of our homes is still in our hands.”
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