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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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Italian rapper Ghali’s planned Winter Olympics set draws backlash over his Gaza advocacy
(JTA) — Italian rapper Ghali’s slated performance at the opening ceremony for this year’s Winter Olympics in Milan has drawn criticism from Italian leaders over his past activism against Israel.
Ghali Amdouni, a prominent Milan-born rapper of Tunisian parents, will be joined by a host of performers including Andrea Bocelli and Mariah Carey during the opening ceremony on Feb. 6. This year, nine Israelis will compete, including the national bobsled team for the first time.
The selection of Ghali drew criticism from members of Italy’s right-wing League party.
“It is truly incredible to find a hater of Israel and the centre-right, already the protagonist of embarrassing and vulgar scenes, at the opening ceremony,” a source from the party told the Italian outlet La Presse. “Italy and the games deserve an artist, not a pro-Pal fanatic.”
In early 2024, Ghali drew criticism from Italian Jewish leaders and Israel’s former ambassador to Italy, Alon Bar, after he called to “stop genocide” during his performance at the Sanremo Italian song festival. The spat later spurred protests outside the office of the Italian public broadcaster RAI.
On X, the rapper has also criticized other artists for not using their platforms for pro-Palestinian activism and appeared to refer to the war in Gaza as a “new Holocaust.”
Ghali’s selection comes as Italy has become an epicenter of pro-Palestinian activism that has been sustained even as such activism has receded in other places. In October, over 2 million Italians took part in a one-day general strike in support of Palestinians and the Global Sumud Flotilla. The previous month, a separate general strike was organized in response to call from the country’s unions to “denounce the genocide in Gaza.”
According to a study of global antisemitism published in April by Tel Aviv University, Italy was one of two countries that saw a spike in antisemitic incidents from 2023 to 2024. A September survey from the pollster SWG found that roughly 15% of Italians believe that physical attacks on Jewish people are “entirely or fairly justifiable.”
Italian Sports Minister Andrea Abodi said he does not believe Ghali will make a political statement on stage.
“It doesn’t embarrass me at all to disagree with Ghali’s views and the messages he sent,” said Abodi, according to the Italian outlet La Repubblica. “But I believe that a country should be able to withstand the impact of an artist expressing an opinion that we don’t share. And that opinion will not, in any case, be expressed on that stage.”
Noemi Di Segni, the president of the Union of the Italian Jewish Community, told Italian media that she was hopeful Ghali would receive instructions ahead of his performance.
“It is clear that I hope Ghali has received instructions or guidelines on the ‘role’ he is expected to play. So I hope he will understand what he needs to do in that context and at that moment,” Di Segni told the Italian outlet La Milano. “I am confident that he will understand what he is called upon to do in that context and at that moment.”
The post Italian rapper Ghali’s planned Winter Olympics set draws backlash over his Gaza advocacy appeared first on The Forward.
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After Alex Pretti killing in Minneapolis, Jewish gun owners confront Second Amendment tensions
(JTA) — Roberta Tarnove was horrified last week when she learned that a man protesting ICE was shot and killed in Minneapolis. And it wasn’t just because someone was dead.
The 65-year-old Jewish resident of Los Angeles was also distressed that federal officials said the agents were justified in shooting Alex Pretti because they believed he was armed. Pretti, 37, was a licensed gun owner in a state where carrying a gun openly is legal.
“I’m very sad. He certainly had every right to carry a gun,” Tarnove said.
The situation hit home for Tarnove because she, too, owns guns and has a permit allowing her to carry concealed firearms.
“As a Jewish person whose Sunday school teachers were mostly Holocaust survivors, there was something about Donald Trump’s presidential run that just hit me hard,” she said. “The dog whistles and things just sounded alarm bells in my head, and so I think I need to get a gun, not that I can overthrow the government, but just for personal protection.”
Since getting her first gun in 2015, Tarnove has been part of a Southern California Jewish gun club, Bullets & Bagels.
There was no discussion of Pretti’s killing at a Bullets & Bagels event featuring the Los Angeles district attorney on Sunday, according to the club’s founder, Fred Kogen. He said he could not comment on the specifics of the shooting.
“What happened there was that this gentleman lost his life, that’s all I know, to be honest, and that, interestingly enough, has not been a discussion within the community of Jewish shooters that I’m a part of,” Kogen said.
Tarnove wasn’t there on Sunday. But she said she wasn’t surprised by Kogen’s report.
“The reaction from the overruling gun community — and apparently the government — is, well, if you bring a gun to protest, you’re going to get shot,” Tarnove said. “So it’s Second Amendment for me, but not for thee, which is one of the things about the gun culture I really hate.”
Pretti’s killing has spurred sharp debate over whether the Trump administration’s response to armed protesters may be at odds with Second Amendment protections traditionally cherished by conservatives.
The debate is also taking place among American Jews. While American Jews have historically opposed gun ownership, Oct. 7 and the ensuing rise in antisemitism across the country has spurred many to take up arms for the first time. Now, Jewish gun owners are confronting a tension that has emerged between their right to bear arms and the federal government’s response to armed civilians.
“My personal opinion is that he was executed,” said J.N., a 59-year-old Jewish gun owner in the Washington, D.C., suburbs who requested anonymity to protect his employment. “I’ve watched the video like everybody else, his hand never went anywhere near his gun. It was handled horrifically.”
On the other hand, Bruce Cohen, a lifelong Jewish gun owner in Arizona who hosts the Facebook group Jews for the Preservation of Firearms Ownership, said he believed Pretti was “looking for trouble.”
“I don’t know if I can fault the law enforcement officer,” Cohen said. “As a libertarian, I want very, very strict limits on police powers, I do not want police to abuse or mistreat or mislead citizens or non-citizens, for that matter, but I can see how that could happen, and if that person was more careful and more friendly and exercised his freedom of speech and right to protest in a more appropriate manner then he could be protesting today.”
In the wake of Pretti’s killing, several Trump administration officials said his gun possession instigated the shooting. Homeland Security Secretary Kristi Noem claimed Pretti “attacked” officers and was “brandishing” a gun, though a preliminary report completed on Tuesday by Customs and Border Protection found he did not brandish a weapon during the encounter.
On Tuesday, President Donald Trump himself said, “You can’t have guns. You can’t walk in with guns,” in response to a question about the killing from PBS.
“My assessment is the government is lying,” said J.N. “I don’t know why he carried it, but he’s entitled to carry it, he had a concealed carry permit. The Second Amendment says that you’re allowed to carry a gun, so I can’t fathom why the government, supposedly a Republican government, would say that.”
In a post on X, the National Rifle Association took aim at the rhetoric from the federal government, writing, “Responsible public voices should be awaiting a full investigation, not making generalizations and demonizing law-abiding citizens.”
A national Jewish gun club, Lox & Loaded, echoed that sentiment.
“Lox & Loaded stands firmly behind the absolute right to bear and conceal arms in any lawful setting,” said COO Gayle Pearlstein. “The pending investigation and resulting determination of the incident involving Mr. Pretti and federal law enforcement should in no way interfere with or call into question this longstanding personal right.”
Jordan Levine, the Jewish founder of the online gun advocacy group A Better Way 2A, said he believed the shooting of Pretti “sets a precedent, because it calls into question if somebody can be murdered for simply carrying a gun.”
But Levine stipulated that he was not concerned “as of right now” about losing Second Amendment rights.
“The Trump administration, thankfully, is still a bit removed from our court systems, and we’ve seen time and time again the court’s ruling in favor of Second Amendment liberties,” Levine continued.
Cohen said he would have handled the situation differently in Pretti’s shoes.
“If I was in his situation with his motivations, I would have introduced myself to the cops. I would have shaken hands with the cops, I would have said, hey, I disagree with what you’re doing, but thank you for being professional,” said Cohen.
But others within the JPFO Facebook group were quick to decry the federal government’s rhetoric.
“I’m not going to shut up and wait when agents of an authoritarian government are violating the rights of and killing citizens,” wrote one JPFO member. “The Declaration of Independence gives us the right to fight tyranny.”
J.N., who is also a member of the JPFO group, said, “As a Jewish person, and as an American, it sickens me.”
In the wake of Pretti’s killing, many critics have likened ICE’s tactics in Minneapolis to the Gestapo in Nazi Germany. While both Trump administration officials and some Jewish voices have called such comparisons inappropriate, for J.N., the similarities rang true.
“I’m not going to call them Nazis, because nobody’s being sent to the showers and burned en masse, OK, I get the difference, but I can tell you that I feel like they are using Gestapo techniques,” J.N. said.
Cohen said the comparison was a “standard left-wing package.”
“They train people to say that stuff, and it’s hypocritical and insincere because they don’t actually believe what they’re saying,” said Cohen. “I don’t see that at all, because we’re not, you know, the Jews in Germany. We’re not illegal aliens, we’re not on welfare, we’re not doing criminal things, we’re not stealing financially.”
For Tarnove, the federal government’s rhetoric around Pretti’s gun ownership had raised alarm bells for potential restrictions against gun ownership for certain groups.
“We aren’t past the point of no return, but we are getting so darn close, and I wish that more Jews would recognize that,” said Tarnove. “When the government can go after one group of people, then they can go after any group of people, and you’re not safe.”
The post After Alex Pretti killing in Minneapolis, Jewish gun owners confront Second Amendment tensions appeared first on The Forward.
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IDF official says 71,000 killed in Gaza war, matching Gaza Health Ministry estimate
(JTA) — A senior Israel Defense Forces official told Israeli media outlets on Thursday that the military estimates a death toll in Gaza of approximately 71,000 — the same number that the Hamas-run Gaza Health Ministry announced this week.
In the past, Israeli officials have sometimes disputed Gaza Health Ministry data, accusing the ministry of inflating death tolls. Though Israeli officials have not officially disputed the overall Gaza war figures for some time, they frequently contested the toll in specific incidents, and some pro-Israel advocates have continued to challenge estimates of the death toll in Gaza as Hamas propaganda.
Now, the senior official’s disclosure underscores that there is no gap in the total number of deaths estimated by both parties to the two-year war in Gaza.
The official reportedly said the IDF was still working to determine the breakdown between combatants and civilians in the total, as well as of how many died directly from military action. The Gaza Health Ministry’s toll does not distinguish between militants and civilians.
The official’s remarks on Thursday were briefed to Israeli outlets on condition of anonymity. By Thursday evening, an IDF official told the Jewish Telegraphic Agency that the reports did not reflect an official disclosure by the army.
“The IDF clarifies that the details published do not reflect official IDF data,” the IDF official said. “Any publication or report on this matter will be released through official and orderly channels.”
Israel has not published its own data on the death toll in Gaza to refute the ministry’s, but has maintained that it has killed roughly two to three civilians for every militant.
The Gaza Health Ministry says 71,667 Gazans died between Oct. 7, 2023, when Hamas attacked Israel from the enclave, and today, including over 450 killed since the U.S.-brokered ceasefire went into effect in October. It also claims that at least 440 Palestinians have died of malnutrition and starvation, a figure that Israel denies.
Human rights NGOs and the United Nations have long said the ministry’s data is reliable. Some estimates by pro-Palestinian sources have suggested an even higher toll.
About 2 million Palestinians lived in Gaza at the outset of the war. The 71,000 figure means that about 3% of Gaza’s population was killed during the war.
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