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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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A radical idea to bridge Chicago’s Black and Jewish communities
I have strong Southern roots. Both sets of my grandparents, with the exception of my Philadelphia-born maternal grandmother, were descendants of enslaved people who later became sharecroppers. I visited the South often as a child, and being different in a place like that could be difficult. There was no Black Jewish community there at the time. I was usually its sole representative.
Or so I thought.
I was a teenager when I first learned about Julius Rosenwald‘s philanthropic efforts that helped build thousands of schools for Black children throughout the rural South, including many of the places I grew up visiting. After that, I began looking for Rosenwald schools whenever I traveled. I was always happy to find them. They were old and mostly dilapidated, but somehow still seemed to quietly defy time and the elements.
This was the first time I remember understanding how Black people and Jews could do meaningful work together. Those faded clapboard buildings, once whitewashed and full of possibility, had housed the education system that helped generations of Black children and laid part of the groundwork for the civil rights movement that would follow.
I was born in the late 1970s. I have no memory of the storied alliance between Blacks and Jews during the civil rights era. By the time I came along, much of that coalition had faded, and people were already asking how those bridges might be rebuilt.
I never experienced the Black-Jewish relationship that the teachers and staff at my Jewish day school recalled so fondly. But whenever I traveled through the South, I saw those schools. They stood as proof that the two communities I come from had once worked together to accomplish something extraordinary. They filled me with hope and pride, and with the certainty that if it happened once, it could happen again.
That is why, at a time when antisemitism and racism are once again on the rise, I find myself returning to the example set by earlier generations of Jewish philanthropists and community leaders. They understood that investing in Black communities was not simply an act of charity. It was an act of solidarity. They recognized that prejudice thrives when people remain strangers to one another, and that real change requires shared investment in a common future.
Today, we find ourselves confronting many of the same challenges. Distrust is growing. Division is growing. Fear is growing.
Which is why I want to build a Jewish Community Center on the south side of Chicago.
Not in a neighborhood where many Jews already live, but in a neighborhood where they can come to build new relationships, and new solidarity. A neighborhood where children from the two communities I hold in my heart can grow up seeing one another as neighbors instead of strangers.
The groundwork for this kind of bold community building is already in place. More than a decade ago, I started Mothers and Men Against Senseless Killing on the south side, as a response to violence, hopelessness and despair. From the beginning, that work was shaped by Jewish values, and Jews from across the Chicagoland area have stood alongside me in that work.
What began as an effort to keep children safe, based on the corner of 75th Street and Stewart Avenue, has evolved into an open air community center where children receive hot meals after school, where they can play safely throughout the summer, and where parents can find diapers, formula and other necessities for their families.
Our corner has also become a place where we can have open and sometimes difficult conversations about race, and life in America. Those conversations are often also about Judaism. We host Yom Kippur services, Passover seders, and an annual Christmahanukkwanzukah toy giveaway.
This corner has become an oasis that welcomes both Black people and Jews, and of course Black Jews, and invites them to spend time together.
I grew up watching my friends go to the JCC, even though my family could never afford it. It was important to me that my own children had that experience. At a JCC far from the neighborhood where we live, they deepened their Jewish identities, learned to get along with people different from themselves, got exercise, and made lifelong friends.
It’s time to bring that opportunity to the area where we live, and where MASK has already begun to serve some of the purposes that JCCs often fill — primarily that of giving children a safe place to learn and play.
It’s time to take things to the next level. We need a place where Black and Jewish families can gather with intention to build more communal services that help us all. Yes, we need bridges between our communities.But those bridges also need to lead somewhere. And I cannot think of a better destination than a place where Black and Jewish children can learn, grow, and build a future together.
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Fight wildfires and other climate crises with this spiritual guide to catastrophe
As smoke from Canadian wildfires blankets much of the Northeast and Midwest in a hazy fog, some Jews are observing this Tisha B’av by mourning a different kind of destruction: that of a planet in crisis.
Tisha B’av, the saddest day on the Jewish calendar that commemorates the destruction of the First and Second Temples, deals with themes of grief and resilience relevant to today’s climate crisis, said Rabbi Laura Bellows, director of spiritual activism and education at Dayenu: A Jewish Call to Climate Action.
In advance of Tisha Ba’av, Dayenu this week released a spiritual guide for the aftermath of extreme weather — including floods, storms, heatwaves and fires. It was a grim coincidence, Bellows said, that the guide’s publication coincided with a time when those prayers would be of particular use.
“The grief is real,” Bellows said. “Jewish tradition is really good at encouraging us not to ignore it, but actually to make space and time to be with that grief.”
The guide includes an adapted version of Mi Shebeirach, the prayer for healing, written by Rabbi Daniel Scher at Kehillat Israel in the Palisades. Scher wrote the prayer for his congregation after wildfires caused significant smoke damage to the synagogue’s building, leading it to close for several months. Roughly 250 synagogue members — and all three clergy — lost their homes.
“The fire has seared through our homes and hopes, yet we stand together in our pain, trusting that new life can blossom in our midst,” the prayer reads.
Other texts in the guidebook offer hope for rebuilding. Rabbi Zoe Klein of Temple Isaiah in Los Angeles adapted the daily prayer, “May it be your will that the Temple be speedily rebuilt in our own time,” into a plea for wildfire survivors: “May it be Thy will that homes be rebuilt in our own time.”
Another ritual offers a hand-washing ceremony for survivors of water-related natural disasters. Participants wash their hands and recite the Birkat HaGomel, a prayer traditionally said after surviving a life-threatening event.
It’s not the first year rabbis have linked the climate crisis to Tisha Ba’av. More than a decade ago, Rabbi Tamara Cohen, chief of program and strategy at the Jewish youth group Moving Traditions, co-wrote “Eikha for the Earth,” which adapts the Book of Lamentations traditionally read on Tisha Ba’av as a “lament for the Earth.”
“Checkerspot butterflies flee their homes; polar bears can find no rest. Because our greed has heated Earth,” the text reads.
The adapted text aims to “welcome in Jews who are not so connected to the idea of mourning for the ancient temple, which doesn’t necessarily move lots of people today,” Cohen told the Forward.
But the timing of this year’s Tisha B’av makes the text feel eerily relevant, she said, pointing to the line “forest fires reach down and spread like fury.”
Jakir Manela, CEO of the nonprofit Adamah, which leads immersive Jewish experiences grounded in nature, said he’s also feeling particular grief for the earth this Tisha B’av. Manela lives in Baltimore, where he and his kids have been unable to go outside due to the unhealthy air.
“This is destruction in front of our very eyes, and affecting the largest population centers on the planet,” Manela said. “If folks have trouble connecting with Tisha B’av and the grief and mourning that it calls us to do, maybe this year is the time when it will hit home.”
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Why am I the only one troubled by an Anne Frank House shot glass?
Readers, how many of you have ever looked at the Anne Frank House and thought: “Wow, I wish I had a miniature version I could drink alcohol from” ?
Probably very few of you. And yet a ceramic replica of the historic house filled with approximately 1.7ozs of Bols Dutch gin is available from KLM Dutch Airways as part of a gift series for business class passengers on international flights.
The airline first launched the Delft Blue miniature house line in 1952 as gifts for business class passengers on intercontinental flights. I first discovered them last month, when I was flying with my dad to Maputo, Mozambique, to cover the centenary celebration of a local synagogue. My dad and I initially thought these would make good Christmas gifts for my cousin’s kids until we heard the liquid sloshing inside. We ended up keeping these recreations — which included the house of aviator Anthony Fokker and one of the last wooden houses left in Amsterdam — for ourselves.
While researching these unique souvenirs, I quickly discovered that one of the historic recreations is the Anne Frank House, aka “KLM miniature number 47,” which the Dutch airline added to the collection in 1975. My initial reaction was shock: How could the airline take a place that represents such a tremendous tragedy and turn it into a shot glass?
I reached out to KLM and asked if they had ever received a complaint about the item. A representative wrote back to say that, from what he knew, there had only ever been one critical Instagram comment: that KLM tried to make money off of everything. Collectors shared the souvenir online, but nobody I could find on the internet expressed the surprise and revulsion I felt.
My request to chat on the phone for further comments on why KLM included the Anne Frank House in their collection didn’t garner the response I expected. The representative responded via email that the house is historic and if I wanted to know more about it, I could just Google it. The subtext of my question — that it feels like a strange and possibly inappropriate choice to turn a solemn landmark into a cutesy flask — didn’t seem obvious to him.
So why did it feel so obvious to me?
For so many, Anne Frank is the symbol of how horrendous the Holocaust was. The fact that she is an innocent child exposes the depraved nature of the Nazis. Most Americans are first introduced to the Holocaust through the story of her confinement in that house in Amsterdam.
Even though it is not where Frank died (that was Bergen-Belsen, at the age of 16), it feels like the place where her fate was sealed. It is not just a landmark included in a famous book; it was her prison and the last stop on the way to her death. Although some may associate it with Frank’s enduring spirit of hope, filling it with alcohol still feels obscene.
Frank’s image has been co-opted over and over again. Two years ago, a Norwegian artist used an image of Frank in a keffiyeh to bring attention to children being killed in Gaza. More recently, Frank has become a symbol for anti-ICE protesters of the dangers of letting law enforcement target people based on their ethnic background. Then there’s the viral satirical comedy musical Slam Frank, which reimagines Anne Frank as a queer Latinx girl with a Black mom and gay, neurodivergent dad in order to poke fun at woke culture.The KLM house feels like a less charged appropriation of Anne Frank’s legacy; it’s not pushing any sort of political agenda.
The ceramic house is also part of a larger kitsch culture that blurs the fine line between commemoration and trivialization. So many tragedies have been commodified in this way that there’s a term for it: “dark tourism.” There are plenty of 9/11 related objects out there — a Twin Towers Christmas tree ornament, stuffed search and rescue dogs — that feel like they border on exploitation.
But what makes the KLM Anne Frank house stand out is its contents. To use a house of such suffering as the container for gin feels minimizing. (It is worth mentioning that a New York winery did at one point produce a 9/11 commemorative wine, although some of the proceeds were donated to the National September 11 Memorial and Museum.) Once the Anne Frank flask is emptied of its contents, it will just be a ceramic trinket that could help keep the memory of the landmark alive. Does the fact that it was originally made to carry alcohol negate that power?
I asked a similar question nearly one year ago in my very first Looking Forward column when I wrote about a recording of Nazi marching songs and speeches made by a Jewish producer. Since that piece was published, I haven’t found a satisfying answer to when memorialization becomes inappropriate, but I have become more comfortable acknowledging how complex this issue is.
This will be my last Looking Forward, as my last day as an employee of the Forward (at least for now, as I embark on a new pursuit) will be July 31. It feels fitting that my time with this newsletter will end similarly to the way in which it started: scratching my head about Holocaust kitsch. But having to grapple with such a topic in my writing is just another day at the Forward.
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