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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Rep. Ilhan Omar says Stephen Miller’s comments on immigrants sound like how ‘Nazis described Jewish people’

Rep Ilhan Omar, Democrat of Minnesota, on Sunday likened the Trump administration’s immigration rhetoric to Nazi depictions of Jews.

“It reminds me of the way the Nazis described Jewish people in Germany,” Omar said in an interview on CBS’s Face the Nation, commenting on a social media post by Stephen Miller, President Donald Trump’s senior adviser, in which he suggested that “migrants and their descendants recreate the conditions, and terrors, of their broken homelands.” Miller, who is Jewish, is the architect of the Trump administration’s immigration policy.

Omar called Miller’s comments “white supremist rhetoric” and also drew parallels between his characterization of migrants seeking refuge in the U.S. to how Jews were demonized and treated when they fled Nazi-era Germany. “As we know, there have been many immigrants who have tried to come to the United States who have turned back, you know, one of them being Jewish immigrants,” she said.

Now serving as Trump’s deputy chief of staff for policy, Miller is central to the White House’s plans for mass deportations and expanded barriers to asylum. During Trump’s first term, Miller led the implementation of the so-called Muslim travel ban in 2017, which barred entry to the U.S. for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, and pushed to further reduce a longtime refugee program.

Miller’s comments echoed similar rhetoric by Trump after an Afghan refugee was accused of shooting two National Guard members near the White House last month, killing one.

Trump told reporters at a cabinet meeting last week that Somali immigrants are “garbage” and that he wanted them to be sent “back to where they came from.” The president also singled out Omar, a Somali native who represents Minnesota’s large Somali-American community. “She should be thrown the hell out of our country,” Trump said.

In the Sunday interview, Omar called Trump’s remarks “completely disgusting” and accused him of having “an unhealthy obsession” with her and the Somali community. “This kind of hateful rhetoric and this level of dehumanizing can lead to dangerous actions by people who listen to the president,” she said.

The post Rep. Ilhan Omar says Stephen Miller’s comments on immigrants sound like how ‘Nazis described Jewish people’ appeared first on The Forward.

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Nigeria Seeks French Help to Combat Insecurity, Macron Says

French President Emmanuel Macron at the Elysee Palace in Paris, France, Sept. 15, 2025. Photo: REUTERS/Benoit Tessier/Pool

Nigerian President Bola Tinubu has sought more help from France to fight widespread violence in the north of the country, French President Emmanuel Macron said on Sunday, weeks after the United States threatened to intervene to protect Nigeria’s Christians.

Nigeria, Africa’s most populous country, has witnessed an upsurge in attacks in volatile northern areas in the past month, including mass kidnappings from schools and a church.

US President Donald Trump has raised the prospect of possible military action in Nigeria, accusing it of mistreating Christians. The government says the allegations misrepresent a complex security situation in which armed groups target both faith groups.

Macron said he had a phone call with Tinubu on Sunday, where he conveyed France’s support to Nigeria as it grapples with several security challenges, “particularly the terrorist threat in the North.”

“At his request, we will strengthen our partnership with the authorities and our support for the affected populations. We call on all our partners to step up their engagement,” Macron said in a post on X.

Macron did not say what help would be offered by France, which has withdrawn its troops from West and Central Africa and plans to focus on training, intelligence sharing and responding to requests from countries for assistance.

Nigeria is grappling with a long-running Islamist insurgency in the northeast, armed kidnapping gangs in the northwest and deadly clashes between largely Muslim cattle herders and mostly Christian farmers in the central parts of the country, stretching its security forces.

Washington said last month that it was considering actions such as sanctions and Pentagon engagement on counterterrorism as part of a plan to compel Nigeria to better protect its Christian communities.

The Nigerian government has said it welcomes help to fight insecurity as long as its sovereignty is respected. France has previously supported efforts to curtail the actions of armed groups, the US has shared intelligence and sold arms, including fighter jets, and Britain has trained Nigerian troops.

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Netanyahu Says He Will Not Quit Politics if He Receives a Pardon

Israeli Prime Minister Benjamin Netanyahu participates in the state memorial ceremony for the fallen of the Iron Swords War on Mount Herzl, Jerusalem on Oct. 16, 2025. Photo: Alex Kolomoisky/POOL/Pool via REUTERS

Israeli Prime Minister Benjamin Netanyahu said on Sunday that he would not retire from politics if he receives a pardon from the country’s president in his years-long corruption trial.

Asked by a reporter if planned on retiring from political life if he receives a pardon, Netanyahu replied: “no”.

Netanyahu last month asked President Isaac Herzog for a pardon, with lawyers for the prime minister arguing that frequent court appearances were hindering Netanyahu’s ability to govern and that a pardon would be good for the country.

Pardons in Israel have typically been granted only after legal proceedings have concluded and the accused has been convicted. There is no precedent for issuing a pardon mid-trial.

Netanyahu has repeatedly denied wrongdoing in response to the charges of bribery, fraud and breach of trust, and his lawyers have said that the prime minister still believes the legal proceedings, if concluded, would result in a complete acquittal.

US President Donald Trump wrote to Herzog, before Netanyahu made his request, urging the Israeli president to consider granting the prime minister a pardon.

Some Israeli opposition politicians have argued that any pardon should be conditional on Netanyahu retiring from politics and admitting guilt. Others have said the prime minister must first call national elections, which are due by October 2026.

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