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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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Netanyahu and Lapid vie for a critical title: Who is Israel’s most adept U.S. whisperer?
(JTA) — WASHINGTON – Benjamin Netanyahu, the Israeli prime minister, and Yair Lapid, the leader of his opposition, are in Washington, ostensibly to attend the funeral of one of the staunchest pro-Israel American politicians, Lindsey Graham.
They are also, as Lapid made clear in an appearance Monday at the influential Atlantic Council think tank, launching a bruising election campaign and are intensely seeking the favor of a constituent who does not vote in Israel on Oct. 27: President Donald Trump.
Or more broadly, the favor of Americans.
Israeli-born Netanyahu, who was raised in Philadelphia, has made a career of defining himself as his country’s best, even inevitable, envoy to its most important ally. He met with Trump on Tuesday. Lapid in his speech sought to portray Netanyahu’s public diplomacy – the defining characteristic of his political career – as busted and harmful.
“The first step is obvious” to restoring Israel’s reputation, Lapid said. “Send into retirement Benjamin Netanyahu and his group of extremists who are tearing us apart at home and abroad.”
Lapid, who speaks in fluent but accented English, says he wants to be the foreign minister in the next government, one led by Naftali Bennett, a security hawk, as prime minister. He, too, claims an intimacy with the American psyche, evident in an essay he just published in The Atlantic about the cross-country road trips he takes every several years.
Netanyahu is on a mission to secure support for continuing and winning the war he and Trump launched against Iran. In remarks in Hebrew he recorded just prior to leaving Israel on Monday, he leaned into his friendship with Trump.
“I am on my way to Washington to a meeting with our friend the president of the United States, Donald Trump,” he said, standing with his wife, Sara, outside the airplane. “This is my eighth meeting with him since he was elected for his second term, more than any other world leader. It is a great privilege, and also a great responsibility.”
Both Lapid and Netanyahu claimed a closeness to Graham, the South Carolina Republican senator who helped Netanyahu cajole Trump into the war with Iran. Graham, Netanyahu said, was “a true friend of mine and the state of Israel.” Lapid inserted Graham into his argument that the long term goal for Israel and the United States should be the collapse of the Iranian regime. “The last conversation I had with the late Lindsey Graham was about this,” he said Monday.
Lapid at the outset of his remarks sought to erode Netanyahu’s reputation as an America whisperer, saying the coming election would “be the most dramatic, the most crucial, the most intense the country has ever seen.”
“Here is the not to-do list for the Israeli government if you don’t want to witness the complete collapse of the country’s international status.”
Lapid accused Netanyahu of isolating Israel by caving to extremists in his government and alienating allies. Instead, he laid out a formula for how the next prime minister would govern.
“If a minister in your government says a nuclear bomb should be dropped on Gaza, fire him. If a minister in your government says there are circumstances in which it is acceptable to starve the civilian population, fire him. If a minister stands over a large group of handcuffed activists lying on the floor of a detention facility, waving a flag and mocking them, fire him,” Lapid said.
He was referring, respectively, to controversial statements and actions by Heritage Minister Amichai Eliyahu, Finance Minister Betzalel Smotrich and National Security Minister Itamar Ben-Gvir, some of which have been used to fuel the claim that Israel is committing genocide against Palestinians in the war Hamas launched on Oct. 7, 2023 with deadly raids inside Israel.
Netanyahu’s mission comes at a perilous juncture in the U.S.-Israel relationship, and his own reputation. Trump’s approval ratings are at a low as the war appears to have generated victories for Iran, which now controls the Strait of Hormuz, the waterway critical to the passage of a fifth of the world’s petroleum. Inflation has skyrocketed, US allies are furious, and Americans in large majorities oppose the war, just as Trump is facing his own electoral test less than 100 days before the midterm elections.
Netanyahu is unpopular in the United States, and for the first time, Americans are more likely to favor Palestinians than Israelis. An Economist poll published Tuesday showed half of Americans supported Netanyahu’s arrest. Trump wants Israel to stay out of the war, crippling Israel’s ability to influence the outcome of the conflict that continues to loom on its border with Lebanon, where Hezbollah, Iran’s proxy, hopes to regain its strength.
Lapid’s audience here is mostly left of center: His host at the event was Daniel Shapiro, the Obama administration’s ambassador to Israel. A spokesman for Lapid said that other than his attendance at Graham’s funeral, his only public appearance on his trip to the United States this week would be with a group of Democratic senators.
The Atlantic Council is bipartisan, but its Republican component is made up mostly of the old-school believers in alliances that Trump has all but ousted from the party. Seated in the front row was Stephen Hadley, the national security advisor to former President George W. Bush, who is a board member of the Atlantic Council.
Lapid said reconciling with Democrats would be a priority in the next government, should his dream team emerge victorious: Bennett as prime minister, Lapid as foreign minister and Gadi Eisenkot as defense minister. Eisenkot, who has in recent polls surpassed Bennet and Netanyahu, obviously might have different ideas about who gets which job.
“Elizabeth Warren, John Ossoff and Tim Kaine are not the enemy,” he said, referring to Democratic senators from Massachusetts, Georgia and Virginia who have been critical of Israel’s conduct of the Gaza war, and who have voted to suspend defense assistance to Israel. “The Democratic Party is not the enemy.“
Bennett and then Lapid were rotating prime ministers during the last government’s eighteen months of tenure in 2021 and 2022, interrupting Netanyahu’s 12 year run launched in 2009. Netanyahu by then was already persona non grata among Democrats for his all-out campaign against President Barack Obama’s Iran policies.
Lapid, like others running against Netanyahu, appeared cowed by Netanyahu’s attempts to tar their past association with Mansour Abbas, the leader of the United Arab List. Bennet and Lapid made history by including the party in the governing coalition. That would not happen again, Lapid said, although garnering enough seats to govern is more daunting without the inclusion of Arab parties.
“I have a lot of conversations about this with Mansour Abbas, who seems to understand this better than some of my Jewish friends, the fact that maybe it’s time for a coalition that will be made of only of Zionist parties,” he said.
Lapid’s greater affinity to Democrats notwithstanding, he took shots at Netanyahu’s relationship with Trump – arguing that he was the better friend to the president’s Middle East agenda. He noted that last year he brought Trump’s 20-point plan for bringing peace to Gaza to a Knesset vote – and that Netanyahu and his coalition partners absented themselves from the Knesset rather than vote for it.
“I passed the 20-point plan, I did it just to bend Netanyahu’s arm into it,” he said. Netanyahu could not afford to back the plan because its provisions anticipating Palestinian self-governance might have cost him his right-wing coalition partners. ”So I got all the compliments from the American administration,” Lapid said. “It was fun.”
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2 Jewish-owned Toronto bagel shops hit with gunfire, vandalism
(JTA) — Locals lined up outside a Toronto bagel shop on Monday in a show of support after attacks on two outposts of the Jewish-owned chain, adding to a string of incidents facing Jewish businesses in the city.
Two locations of Kiva’s Bagel Bar, a fixture for Toronto Jews since it opened in 1979, were targeted late Saturday and early Sunday. Gunfire hit the windows of one storefront just an hour after another storefront was vandalized and its front glass shattered, according to the Toronto Police Service.
Police said their Hate Crime Unit was investigating, and they believed the same SUV may have been involved at both scenes. The bakeries were closed at the time and no injuries were reported.
Canadian Prime Minister Mark Carney said he was “appalled” by the attacks. “Jewish Canadians should be able to live, work, and worship free from fear, intimidation, and hate,” he said on X on Monday. “Canada’s government is absolute in our commitment to combatting the scourge of antisemitism.”
Toronto Mayor Olivia Chow added on X that the incidents were “vile and unacceptable” and said she “will always stand with Toronto’s Jewish community against antisemitism.”
Residents flocked to Kiva’s and sold out their bagels by 10:30 a.m. on Monday, according to the Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada. Resident Adrian Rocca, the founder of a local real estate company, posted a photo on LinkedIn of his employees lined up outside.
CIJA said the Canadians rallying around Kiva’s sent a message that “there are a lot of good people ready to take a stand against hate, intimidation, and violence.” The Jewish Telegraphic Agency reached out to Kiva’s for comment.
As police searched for suspects in the bagel shop attacks, a gunman opened fire on the U.S. Consulate in Toronto early Monday morning, setting off a high-speed chase and a manhunt. Police have not confirmed any connection between the gunfire at the consulate and at Kiva’s.
The shooting at the consulate marked the second in four months. Toronto police have arrested three people connected with the previous consulate attack, as well as several others accused of shooting at Jewish targets in the city in recent months. At a press conference last month, Police Chief Myron Demkiw identified a “broader pattern” between the shots fired at the consulate and at Toronto-area synagogues and Jewish schools over the past year.
“What we are dealing with in this case and in other unrelated incidences, including shootings at synagogues and Jewish schools, is a recurring and similar modus operandi — and that is criminals for hire,” said Demkiw. “Through encrypted messaging apps, young people are hired to carry out attacks against various targets, and in order to get paid, they’re required to film their attacks.”
Carney pledged in June to fight antisemitism through a new Ministerial Advisory Council on Rights, Equality, and Inclusion. In his speech at Toronto’s Holy Blossom Synagogue, he said that the country was “failing Jewish Canadians.” Two-thirds of Canada’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, Carney said.
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Jewish authors object to scheduling of a Chicago literary festival on Rosh Hashanah
Jewish writers say they are dismayed to learn that one of the nation’s largest free outdoor literary festivals is scheduled to take place during the two days of Rosh Hashanah, September 12 and 13.
Printers Row Lit Fest, an outdoor book festival that draws thousands of authors and book lovers to the streets of Chicago’s South Loop, announced the festival’s dates in April. But only recently, amid rising concerns about antisemitism in the publishing world, did some Jewish authors realize the schedule conflict. This year’s Rosh Hashanah begins at sundown on Friday, Sept. 11 and ends at sundown on Sunday, Sept. 13.
Brian Berg, a spokesman for Printers Row, said that scheduling difficulties caused the overlap with Rosh Hashanah.
“As someone who is Jewish and involved with the festival, I wish there had been an option that avoided a conflict with the High Holy Days,” Berg told the Forward. “After weighing alternatives, the weekend that was picked was really the most practical balance of financial, operational and scheduling realities.”
Chicago-based Jewish novelist Lisa Barr, who participated in a Printers Row panel last year about “Holocaust Literature in the 21st Century,” said she likely will miss at least one day of the festival this year to attend worship services and host family for the Jewish New Year.
Barr said the scheduling forces an unnecessary choice between honoring an important religious and cultural tradition and participating in one of Chicago’s signature literary events.
“Scheduling a major literary festival on such a sacred holiday sends a deeply painful message—whether intentional or not—that Jewish authors, readers, booksellers, and members of the literary community were not fully considered,” Barr told the Forward. “I can’t help but wonder: Given the climate of hate and antisemitism — was this an accident or purposeful?”
S.L. Wisenberg, another Jewish author in Chicago, explained that upon learning of the conflict, she assumed it was a scheduling mistake. “I don’t think it’s an anti-Jewish action,” she said. Still, she says, “it’s unfortunate.”
According to Berg, the other weekends in September also had conflicts: the first was Labor Day, the third had Yom Kippur, and the fourth might have been too cold. Yim Kippur begins at sundown on Sunday, Sept. 20.
Turi Ryder, a podcaster and novelist from Chicago, was unsatisfied by this explanation, after communicating with conference staff. She told her social media followers, “FILE UNDER, “WE KNOW BUT WE DON’T GIVE A RAT’S PATOOTIE ABOUT YOUR JEWISH HOLIDAY.”
Ryder pointed out that if they had held the festival the following week, there would not have been significant overlap with Yom Kippur, which begins at sundown on Sunday, Sept. 20. Berg explained that Sunday may still have been difficult for those observing the holiday, since they may have needed to spend the day spending time with family and preparing to go to synagogue.
The festival had been held every June for almost 40 years, but in 2021 organizers postponed the events until September to adjust for the COVID-19 pandemic. What was intended to be a temporary schedule change became permanent. Until then, the High Holidays had never been an issue.
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