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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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Democratic socialist rails against AIPAC in uphill primary bid against pro-Israel incumbent in Arizona
(JTA) — Kai Newkirk, an activist and democratic socialist, has made Israel and AIPAC a focal point in his effort to unseat pro-Israel Rep. Greg Stanton in Tuesday’s Arizona Democratic primary.
“I’ve been arrested over 25 times in civil disobedience — and I’ll go to jail for justice again before I ever take a dime from AIPAC,” Newkirk wrote on X last week, referring to the American Israel Public Affairs Committee.
Newkirk, 45, whose organizing has largely focused on campaign finance reform, has repeatedly blasted Stanton’s support from the pro-Israel lobbying group. He has also accused the Israeli government itself of “trying to interfere in our elections,” including in Arizona’s 4th Congressional District where he is running and which covers parts of Phoenix and Maricopa County.
He pointed to a $45 million text message campaign to improve Israel’s image in the U.S. as a sign of such interference, and posited that “they may be targeting areas where AIPAC is more invested or where these issues are more at stake.”
The primary comes as a number of left-wing congressional candidates with sharply critical Israel stances have won the Democratic nomination around the country, and as Israel and AIPAC grow increasingly unpopular among Democratic voters.
The most recent poll on the Arizona race, commissioned by a group that favors Newkirk, had Stanton up by 8 percentage points, while another poll, conducted two weeks earlier by a group favoring Stanton, showed the incumbent ahead by 33 points.
Newkirk’s platform includes ending all military aid to Israel and imposing an arms embargo on the country, which he accuses of genocide.
Stanton, 56, a four-term incumbent, voted against Kentucky Rep. Thomas Massie’s amendment to cut military aid to Israel last week. Newkirk criticized Stanton, saying that he would have voted for the amendment, and suggested that Stanton’s vote was the result of his support from AIPAC.
“Greg Stanton has taken over $300K from AIPAC,” Newkirk wrote. “And today — as so many Americans in our district and across the country struggle to get by — he just voted to send billions more of our tax dollars to Israel to fund their war crimes and genocide. Disgraceful.”
Among AIPAC’s endorsees in Congress, more than a dozen voted to cut aid to Israel last week; AIPAC has since removed the option on its website to donate to those candidates.
Stanton explained his vote on X, saying that the amendment “would undermine America’s ability to counter real threats from Iran” and weaken the ability to promote long-term stability across the region. He also criticized Israeli Prime Minister Benjamin Netanyahu and wrote that “clear change is necessary” as the U.S.-Israel security agreement, which includes $3.8 billion in annual military subsidies for Israel, nears its expiration in 2028.
Newkirk is endorsed by progressive groups such as Our Revolution, Track AIPAC and the Progressive Democrats of America.
Also among Newkirk’s endorsers is Cenk Uygur, the host of the Young Turks who has spread conspiracy theories about Israel. “Kai is Israel Free and has fought to get money out of politics his whole life,” wrote Uygur last month.
Newkirk has faced turbulence in establishing broader support.
The Young Democrats of Arizona pulled its endorsement of Newkirk earlier in July, writing that it had been “made aware of some concerning patterns of behavior” displayed by Newkirk, without specifying what it meant.
Newkirk did not respond to the Jewish Telegraphic Agency’s request for comment. After the Young Democrats of Arizona retracted its endorsement, Newkirk wrote that the withdrawal of the endorsement was based on a false report amid “a wave of wins by democratic socialists” and called it a “weaponization of … disavowed misinformation.”
Newkirk did speak out against last year’s killing of two Israeli Embassy staffers outside the Capital Jewish Museum in Washington, D.C. “I stand always with my beloved Jewish siblings against the scourge of antisemitism just as I will never stop in the nonviolent struggle to end the genocide in Gaza, release all hostages, and open the way to just, lasting peace,” he said.
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Ed Miliband, Britain’s new Jewish foreign secretary has a long history of support for — and disagreement with — British Jews
(JTA) — Tapped to become Britain’s new foreign secretary, Ed Miliband said he would strive to honor the memories of his Holocaust refugee parents.
“My parents came to Britain as Jewish refugees from the Nazis,” Miliband tweeted just hours after Prime Minister Andy Burnham named him to the post. “To them, Britain was both a sanctuary and a beacon of hope in the global fight against fascism. I will carry my parents’ faith in that spirit of Britain to my role representing our country.”
The appointment by the new prime minister positions Miliband as the highest-ranking Jewish official in the British government, assuming a role once held by his older brother David and at a time when questions of the country’s relationship to Israel are a pressing priority. Miliband has long decried antisemitism, including within his own party, and is also known as a critic of Israeli Prime Minister Benjamin Netanyahu.
Among the priorities facing the office is whether Britain should move forward with an effort to ban imports from West Bank settlements, which has support across the political spectrum, and how to handle surging anti-Israel and anti-Jewish violence that authorities say has been orchestrated by actors abroad.
Ed Miliband led the Labour Party when it was in opposition from 2010-2015; his brother was among the candidates he bested in the party’s 2010 leadership race.
He has said he has no Jewish practice or formal education and that his parents favored politics over religion. His mother, Marion Kozak, who died last month, was an early supporter of Jews for Justice for Palestinians, a British group, but ceased speaking out publicly as her sons ascended in British politics.
David Miliband, now the president of the International Rescue Committee, has also said his career choices stem from the suffering their parents endured as Jewish refugees.
Ed Milliband’s stances on Israel have caused consternation among British Jewish groups in the past. In 2014, he led his party in a symbolic vote to recognize a Palestinian state and also criticized the toll of Israel’s operations during that year’s Gaza war.
“I defend Israel’s right to defend itself against rocket attacks,” he said then. “But I cannot explain, justify or defend the horrifying deaths of hundreds of Palestinians, including children and innocent civilians.”
He also told the Jewish News at the time that he did not eschew the “Zionist” label.
“I am proud to be Jewish,” he said. “I’ve no issue with people calling me a Zionist.” He described Israel as “the homeland for the Jewish people.”
The Board of Deputies of British Jews and the Jewish Leadership Council said they recognized Miliband’s overall support of Israel, but also chided him for his comments about the Palestinian civilian death toll. “These comments regrettably ignore the ideology of Hamas, the psychology of Hamas, the actions of Hamas and thus the reality faced by Israel,” they said then in a joint statement at the time.
Miliband was succeeded as Labour Party leader by Jeremy Corbyn, whose strident pro-Palestinianism and perceived insensitivity to Jewish sensibilities marked the worst relations between the party and the Jewish community in decades.
Miliband was cautious about criticizing his successor but made clear his unhappiness with how Corbyn was handling the antisemitism charges in 2018 when he took the organized Jewish community’s side in lambasting the party leadership for rejecting a definition of antisemitism that includes some forms of anti-Israel rhetoric and activity.
“Labour should adopt the full IHRA definition,” he said then, referring to the International Holocaust Remembrance Alliance. “The argument that it is somehow incompatible with criticizing the actions of the Israeli government is wrong. The views of the vast majority of the Jewish community are very clear.
Miliband condemned Hamas’ Oct. 7, 2023, attack on Israel, but also persisted as one of Labour’s most forceful critics of Israel’s government.
During the 2024 general election campaign, he called Oct. 7 “an appalling terrorist atrocity,” saying, “We in the Labour leadership are completely committed to the security for the people and security for the state of Israel.”
However, he added that “the continuing Israeli action in Gaza is not either beneficial now for Israel, or for the people of Gaza.”
One of the first questions Miliband will face is how he will handle relations with U.S. President Donald Trump, who is famously averse to people who have criticized him in the past. “These are dark days for America and the world,” Miliband wrote in 2017, as Trump assumed his first term of office. The same year, Miliband also said Trump had “lowered the bar for idiocy.”
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Portland theater owner who added ‘The Jews’ to ‘The Odyssey’ marquee says ‘antisemitism is exaggerated’
(JTA) — The manager of a movie theater in suburban Portland, Oregon, is defending a cryptic marquee message about Jews and “The Odyssey” by saying modern-day antisemitism is “exaggerated” to help Israel.
“Before there were the Jews, there was … ‘The Odyssey,’” said the marquee at the Lake Theater and Cafe in Lake Oswego.
Local Jewish clergy, as well as Portland’s Jewish federation, have sharply objected to the message even as many admitted that, initially, they didn’t understand its intention.
The manager, Jordan Perry, whose theater has a history of provocative messaging, didn’t respond to Jewish Telegraphic Agency requests for comment. He told the Portland Tribune he would remove the signage — and said he intended it as an “intentionally subtle” commentary on what he believes is an overemphasis on antisemitism.
“Through the media I consume, I believe modern-day antisemitism is exaggerated, mostly as a defense for Israel’s actions in the Middle East and its involvement in our politics,” Perry told the Tribune. “My intention in referencing Jewish people on the marquee was to prod at everything being seemingly antisemitic with a statement that couldn’t possibly be construed as antisemitic.”
Perry also said he wanted “to push back culturally back on what constitutes antisemitism, to signal, in solidarity, that it’s not about ‘the Jews,’ that it’s about Israel, and Palestine, and Lebanon, and Iran, and AIPAC,” the pro-Israel lobby that has become a flashpoint for political criticism of Israel.
Portland’s Jewish federation has received more than 40 complaints about the marquee, according to its chief community relations officer.
“Any reference to ‘the Jews’ at this point in time, with the climate of antisemitism, makes it suspect already, not to mention of course that it was historically inaccurate,” Bob Horenstein said in an interview. (Historical scholars have traced the Jewish community of Greece to ancient times, predating Homer’s authorship of “The Odyssey” in the eighth century BCE.)
Horenstein asked the theater to change the marquee; the reaction from local Jews, he said, was largely “unsettled” and “unnerved.” Perry ignored him, he said. “And our suspicions proved positive because he made it very clear what his intention was.”
Perry’s fuller comments were even more offensive, Horenstein said, particularly his assertion that claims of modern antisemitism are exaggerated. “It’s not for anyone outside of our community to tell us whether we’re overreacting to antisemitism,” the federation leader said.
The marquee was later reportedly altered, with a reference to the navigation app Waze replacing “The Jews” — a possible joke about the meandering nature of Odysseus’s journey, though Horenstein noted the app was also created by Israelis.
Eventually the messaging was removed altogether, replaced with a simple advertisement for the film.
Eve Posen, a rabbi at Conservative Congregation Neveh Shalom in Portland, wrote on Facebook before the revelation of Perry’s motives that the marquee had distressed her. She saw it as of a piece with the recent U.S. House of Representatives vote on ending military aid to Israel, which none of Oregon’s five Democratic members of Congress voted against, as well as a recent account of a local Jew whose car was recently been vandalized with swastikas.
“It raises a painful question: why invoke Jews at all?” Posen wrote. “In a moment when antisemitism is already at historic levels, casually inserting Jews into a narrative where we do not belong doesn’t feel harmless.”
The theater’s peculiar sense of humor has raised eyebrows in the past. Upon the recent release of the Michael Jackson biopic “Michael,” the marquee made a reference to the singer’s child sexual abuse allegations. And earlier this year a marquee message about the First Lady documentary “Melania” led that film’s distributor, Amazon Studios, to pull the film from the theater.
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