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A law professor worries Israel could become the next Hungary
(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.
While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.
Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”
Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities.
To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”
We spoke on Friday. Our conversation has been edited for length and clarity.
Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.
Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.
A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?
Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time.
Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)
You mean “accountability” in the sense that courts should be accountable to the public.
Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.
And accountability in that case is too much of a good thing.
Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities.
What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?
They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law.
By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.
If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.
Can you give me a couple of examples? What are the high stakes in terms of democratic governance?
First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings.
Including the prime minister, Benjamin Netanyahu.
Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.
Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.
Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.
You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?
The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.
Certainly not if you are Israel.
Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.
In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest.
Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.
Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)
What does a constitutional crisis look like?
Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?
When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?
It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.
But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.
How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?
This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries.
How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?
That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition.
The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.
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A hypnotic new album inspired by a unique Yiddish recording
Folklore scholar Barbara Kirshenblatt-Gimblett doesn’t remember interviewing and recording the Yiddish folksinger Rose Cohen in 1968 in Toronto. But this recording may turn out to be one of the most significant ones that made it into the storied archives at the YIVO Institute for Jewish Research.
In it, Cohen sings ten songs from her childhood in the Kyiv region of Ukraine, in Yiddish, Hebrew, Ukrainian and Russian. A handful of these songs have never been found anywhere else.
Cohen, who came to Toronto after World War II, was from a dynasty of what she called khazonishe, or singing rabbis, and learned many of these songs listening to them singing in her home.
This recording became the inspiration for a new album, The Rose Cohen Experience, released last month on Borscht Beat Records. Her songs are performed here by Cantor Sarah Myerson and Ilya Shneyveys, a married couple of talented multi-instrumentalists. The duo, called Electric Rose, took nine of the ten songs Kirshenblatt-Gimblett recorded and created their own elaborate, imaginative versions of them.
In the recording, Myerson — who serves as spiritual leader and cantor at Roosevelt Island Jewish Congregation in New York City — sang them as she and Shneyveys played an array of instruments over loops, creating a surreal, hypnotic sound. Shneyveys was no stranger to this, having once been part of the Yiddish “psychedelic” rock group Forshpil.
One of the songs, Berosh Hashone (On Rosh Hashone) begins with a segment from the solemn High Holidays prayer Unetaneh Tokef, about how our destiny is determined by God, depending on what deeds we’ve done. But then there are other Yiddish verses about an unhappy woman asking her children if she should divorce their father. “We don’t have that as a Yiddish song elsewhere in the repertoire,” Myerson said in an interview. “We don’t know of that song existing in other languages either.”
The album is structured, at least at first, as an imagined narrative of Cohen’s own life. “Ikh heyb mikh on tsu dermonen” (I’m beginning to remember) possesses a driving rhythm and a powerful recollection of an immigrant in North America dreaming of going back to his wife in Europe. Even though it’s a folk song, it’s possibly autobiographical when she sings it, as Cohen’s father immigrated to Toronto before the rest of his family. Myerson and Shneyveys aimed to draw out the autobiographical aspect of this song by playing selections of the Cohen interview where she recalls where she is from and how old she is.
The song transitions to Bay mashin (At the machine), a folk song about a woman slaving over a sewing machine, looking forward to getting married after having assembled her dowry. In an interesting twist, Myerson actually uses the sound of a sewing machine throughout the track, both in recorded and live performances. It’s a small hand-crank sewing machine from the early 20th century, “possibly developed for child labor,” Myerson said.
Myerson contributed a special track, Kale Tfile (Bride’s prayer), to supplement the nine Cohen songs. Kale Tfile is taken from an excerpt of a tkhine (a Yiddish-language women’s prayer) that a woman would recite on the night before the wedding. She found the prayer in an 1897 prayerbook known as the Siddur Korban Minchah.
Myerson said she decided to include this text after trying to imagine how Cohen may have felt singing Bay mashin, where the ending indicates that the female narrator is about to marry. The words are plaintive (“O God, please hear my youthful prayer, receive my hot tears that I now spill before You”), raising the possibility that she is unhappy about the match. Myerson’s performance delivers the song in that spirit, utilizing a vocoder, a keyboard that allows her to harmonize with herself.
From here, the album drops its autobiographical train of thought and moves into a more experiential mode. Mayim Rabim (mighty waters), also known as Psalm 93 — a psalm recited during the Shabbat evening prayer service — is remarkable because, as Myerson said, “we just don’t have many recordings of women of her generation singing liturgy.” Here, we see how Electric Rose made use of ambient recordings; in this case — ocean waves from Miami Beach.
You can catch Electric Rose on their upcoming tours throughout the East Coast, California and Germany.
The post A hypnotic new album inspired by a unique Yiddish recording appeared first on The Forward.
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China Warns Against Foreign ‘Interference’ in Iran as Trump Mulls Response to Regime Crackdown
A demonstrator lights a cigarette with fire from a burning picture of Iran’s Supreme Leader Ayatollah Ali Khamenei outside the Iranian embassy during a rally in support of nationwide protests in Iran, in London, Britain, Jan. 12, 2026. Photo: REUTERS/Toby Melville
China on Monday expressed hope that the Iranian regime would “overcome” the current anti-government protests sweeping the country, warning against foreign “interference” as US President Donald Trump considered how to respond to Iran’s deadly crackdown on nationwide protests.
“China hopes the Iranian government and people will overcome the current difficulties and uphold stability in the country,” Chinese foreign ministry spokesperson Mao Ning told reporters during a press conference.
“China always opposes interference in other countries’ internal affairs, advocates that all countries’ sovereignty and security should be fully protected by international law, and opposes the use or threat of force in international relations,” she continued. “We call on parties to act in ways conducive to peace and stability in the Middle East.”
The comments came as Iran continued to face fierce demonstrations, which began on Dec. 28 over economic hardships but escalated into large-scale protests calling for the downfall of the country’s Islamist regime.
If the regime in Tehran was seriously weakened or potentially collapsed, it would present a problem for a strategic partner of Beijing.
China, a key diplomatic and economic backer of Tehran, has moved to deepen ties with the regime in recent years, signing a 25-year cooperation agreement, holding joint naval drills, and continuing to purchase Iranian oil despite US sanctions.
China is the largest importer of Iranian oil, with nearly 90 percent of Iran’s crude and condensate exports going to Beijing. Traders and analysts have said that Chinese reliance on Iranian oil will likely increase and replace Venezuelan oil after US forces captured Venezuela’s President Nicolas Maduro earlier this month.
Iran’s growing ties with China come at a time when Tehran faces mounting economic sanctions from Western powers, while Beijing itself is also under US sanctions.
According to some media reports, China may be even helping Iran rebuild its decimated air defenses following the 12-day war with Israel in June.
The extent of China’s partnership with Iran may be tested as the latter comes under increased international scrutiny over its violent crackdown on anti-regime protests.
US-based rights group HRANA said by late Monday it had verified the deaths of 646 people, including 505 protesters, 113 military and security personnel, and seven bystanders. The group added that it was investigating 579 more reported deaths and that, since the demonstrations began,10,721 people have been arrested.
Other reports gave indicated the number of protesters killed by the regime numbers well into the thousands, but with the regime imposing an internet blackout since Thursday, verification has been difficult.
Trump has said he will intervene against the regime if security forces continue killing protesters. Adding to threats of military action, Trump late on Monday announced that any country doing business with Iran will face a new tariff of 25 percent on its exports to the U.S.
“This order is final and conclusive,” he said in a social media post.
According to reports, Trump was to meet with senior advisers on Tuesday to discuss options for Iran, including military strikes, using cyber weapons, widening sanctions, and providing online help to anti-government sources.
Iran has warned that any military action would be met with force in response.
“Let us be clear: in the case of an attack on Iran, the occupied territories [Israel] as well as all US bases and ships will be our legitimate target,” Iranian parliament speaker Mohammad Baqer Qalibaf told a crowd in Tehran’s Enqelab Square on Monday, adding that Iranians were fighting a four-front war: “economic war, psychological warfare, military war against the US and Israel, and today a war against terrorism.”
However, the White House stressed that Trump hopes to find a diplomatic resolution.
“Diplomacy is always the first option for the president,” White House press secretary Karoline Leavitt told reporters on Monday.
“What you’re hearing publicly from the Iranian regime is quite different from the messages the administration is receiving privately, and I think the president has an interest in exploring those messages,” she said.
Iranian Foreign Minister Abbas Araqchi told Al Jazeera that he and US envoy Steve Witkoff have been in contact.
Trump said on Sunday the US could meet Iranian officials and he was in contact with Iran’s opposition.
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Arson Suspect Targeted Mississippi Synagogue for ‘Jewish Ties,’ Laughed During Confession: FBI
Smoldered remains of the Beth Israel Congregation’s library. Photo: Screenshot.
The suspect believed to have intentionally ignited a catastrophic fire which decimated the Beth Israel Congregation synagogue in Jackson, Mississippi has told US federal investigators he targeted the institution over its “Jewish ties,” according to an affidavit the FBI has submitted to federal court.
Stephen Pittman, the FBI said in portions of the affidavit made public on Monday, “was identified as a person of interest and ultimately confessed to lighting a fire inside the building.” The document added that Pittman, arrested on Sunday, purchased the accelerant, gasoline, with which he ignited the blaze from a gas station.
Pittman, 19, allegedly started the conflagration in Beth Israel’s library during the early morning hours on Saturday, setting off a blaze which coursed through the entire building and intensified to the extent that its flames, according to one local account, “were coming out of the synagogue’s windows.” As he carried out the act, he notified his father of it via text message, saying “I did my research,” the
According to the court filing, Pittman also told his father that he was aware of the incident being filmed by Beth Israel’s security cameras, describing them as “the best.”
“Pittman laughed as he told his father what he did and said he finally got them,” read the affidavit from Nicholas Amiano, an FBI agent in the Jackson division.
In the end, Pittman allegedly destroyed a number of Torah scrolls and caused damage so great that the building must, for now, be abandoned while authorities conclude their investigation of the incident and Beth Israel, founded in 1860, weighs a reconstruction which could takes years to complete.
The institution was once targeted by the Ku Klux Klan over its rabbi’s support for civil rights for African Americans. With the latest destruction, some 150 families will be left without the only Jewish house of worship in the city.
“As Jackson’s only synagogue, Beth Israel is a beloved institution, and it is the fellowship of our neighbors and extended community that will see us through,” Beth Israel president Zach Shemper said in a statement. “We are a resilient people. With support from our community, we will rebuild.”
Jackson Mayor John Horhn, a Democrat also issued a statement, saying, “Acts of antisemitism, racism, and religious hatred are attacks on Jackson as a whole and will be treated as acts of terror against residents’ safety and freedom to worship. Targeting people because of their faith, race, ethnicity, or sexual orientation is morally wrong, un-American, and completely incompatible with the values of this city.”
He added, “Jackson stands with Beth Israel and the Jewish community, and we’ll do everything we can to support them and hold accountable anyone who tried to spread fear and hate here.”
Reactions to the suspected hate crime poured in from major Jewish civil rights organizations across the country, with Anti-Defamation League (ADL) chief executive officer Jonathan Greenblatt saying, “An attack on any synagogue is an attack on all Jews.” The American Jewish Committee (AJC) called the fire a “hateful act” that “is only the most recent symptom of the dangerous rising antisemitism facing Jewish communities across the country and around the world.”
For several consecutive years, antisemitism in the US has surged to break “all previous annual records,” according to a series of reports issued by the ADL since it began recording data on antisemitic incidents.
The ADL recorded 9,354 antisemitic incidents in 2024 — an average of 25.6 a day — across the US, providing statistical proof of what has been described as an atmosphere of hate not experienced in the nearly fifty years since the organization began tracking such data in 1979. Incidents of harassment, vandalism, and assault all increased by double digits, and for the first time ever a majority of outrages — 58 percent — were related to the existence of Israel as the world’s only Jewish state.
The Algemeiner parsed the ADL’s data, finding dramatic rises in incidents on college campuses, which saw the largest growth in 2024. The 1,694 incidents tallied by the ADL amounted to an 84 percent increase over the previous year. Additionally, antisemites were emboldened to commit more offenses in public in 2024 than they did in 2023, perpetrating 19 percent more attacks on Jewish people, pro-Israel demonstrators, and businesses perceived as being Jewish-owned or affiliated with Jews.
The FBI disclosed similar numbers, showing that even as hate crimes across the US decreased overall, those perpetrated against Jews increased by 5.8 percent in 2024 to 1,938, the largest total recorded in over 30 years of the FBI’s counting them. Jewish American groups have noted that this rise in antisemitic hate crimes, which included 178 assaults, is being experienced by a demographic group which constitutes just 2 percent of the US population.
“This latest deplorable crime against a Jewish institution reminds us that the same hatred that motivated the KKK to attack Beth Israel in 1967 is alive today,” the Florida Holocaust Museum said in a statement shared with The Algemeiner on Monday. “Antisemitism are still trying to intimidate Jews, drive them out of public life, and make houses of worship targets of violence instead of place of safety and community.”
It added, “With your help we can resist this evil. The more society understands about the nature of antisemitism, including the Holocaust, the better prepared it will be to identify and reject anti-Jewish bigotry. May Beth Israel’s Holocaust Torah, which survived the fire, inspire us all to stand up for each other and create a more just and accepting world.”
Follow Dion J. Pierre @DionJPierre.