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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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The Holocaust Torah that survived a Mississippi synagogue fire was brought there by the state’s only survivor

When firefighters cleared Beth Israel Synagogue after an arson attack this month, the library floor was slick with water and ash. Prayer books lay swollen and blackened. Smoke clung to the sanctuary walls.

Two Torah scrolls burned. A third Torah did not.

That Torah, displayed for decades in a glass case near the front of the synagogue, survived unscathed. Its presence at Beth Israel was not incidental. It was brought to Mississippi by Gilbert Metz, the state’s only concentration camp survivor — a man who retrieved it from Europe and brought it to the American South. It, too, had survived the Nazis.

“The million dollar question is: How in the hell did he get to Mississippi?” his grandson, Joseph Metz, recalled in an interview on Tuesday.

From Auschwitz to Jackson

Holocaust survivor Gilbert Metz in his U.S. Army uniform.
Holocaust survivor Gilbert Metz in his U.S. Army uniform. Courtesy of Joseph Metz

Gilbert Metz was born in 1929 in Alsace-Lorraine, France. At 13, the family was forced into hiding. When people fled Nazi Germany, they often gathered silver or jewelry. Gilbert’s mom packed her prayer books and Rashi commentary instead. She had taught her son Hebrew and Talmud, and she refused to leave those books behind.

They snuck back and forth to their summer home in northeastern France, but were eventually captured by the Nazis and sent to an internment camp. From there, a 14-year-old Metz and his family were sent to Auschwitz. His mother and 10-year-old sister were murdered in the gas chambers shortly after their arrival. His father later met the same fate.

Metz survived multiple concentration camps, including Auschwitz and Dachau, and was liberated by American troops in April 1945. He was eventually bar mitzvahed after the Holocaust at 16, a delayed rite marking a childhood interrupted and then resumed.

Relatives who had settled in Mississippi sponsored Metz to come to the United States. He finished high school in Natchez, attended Tulane University, and served in the U.S. Army during the Korean War — at one point having to reapply for citizenship after being deployed overseas.

He eventually moved to Jackson, where he raised a family and became a traveling salesman before co-founding Metz Industries, a wholesale lingerie business that sold brassieres, hosiery and feather boas to stores across the region — the work of an ordinary American life rebuilt mile by mile. He and his wife, Louise, were married for more than 50 years.

Bringing the Torah to Mississippi

In 1992, Robert Berman, a longtime congregant and former Beth Israel president, heard about an international effort to restore and redistribute scrolls damaged, desecrated or orphaned during the Holocaust. He and his sisters, Joan and Brenda, along with their families donated the funds to acquire one. Shul leaders decided there was only one person who should retrieve it.

Metz and his son, Lawson, traveled to London to bring the Torah back to Jackson. At a restoration warehouse, he was shown piles of scrolls — some burned, some torn, some riddled with bullet holes — many painstakingly pieced together from fragments. They chose a Torah rescued from Prague and took turns carrying it on their laps during the international flight.

Other Torahs rescued from the Holocaust made similar southern journeys, to congregations in Alabama, Louisiana, and Tennessee. Joseph Metz said his grandfather felt honored to be the one chosen from Beth Israel to collect the Torah, and that bringing it to Mississippi was closure for him — a full-circle moment.

A welcoming committee from the shul — including Berman, the rabbi and others — greeted the Metzs and the Torah at Jackson’s airport. “They sang prayers,” recalled Berman, now 94.

Beth Israel held a dedication ceremony at the synagogue and the Torah was installed in a glass case near the front doors, where it remained for decades. The words “Memory sustains humanity” is etched across the top of the case. Next to it hangs a photograph of Metz as an adult wearing the yellow star he was forced to wear under Nazi rule.

The scroll is displayed unfurled to a chapter in Exodus that comes after the Red Sea has closed behind the fleeing Israelites and before the Ten Commandments are given — a narrow span of time when survival has been achieved but meaning has not yet arrived. The scroll has remained that way for years, suspended between catastrophe and covenant.

“The congregation understood exactly whose story that Torah represented,” said Stuart Rockoff, a historian and longtime member of the 165-year-old Beth Israel. “This was a synagogue with one Holocaust survivor.”

A Holocaust memorial garden at Beth Israel Congregation Jackson, Mississippi.
A Holocaust memorial garden at Beth Israel Congregation Jackson, Mississippi. Photo by Sarah Thomas

Behind its building, Beth Israel also maintains a Holocaust memorial garden, dedicated to Metz and to Gus Waterman Herrman, a U.S. Army officer from Mississippi who fought in Europe during World War II and later became a philanthropist. The garden, which features stained-glass sculptures and is used for Yom HaShoah commemorations, was not damaged in the fire.

Berman’s daughter, Deborah Silver, had her bat mitzvah and wedding at the synagogue. She’s now a jazz singer, nominated for a Grammy this year, and plans to perform charity concerts in New York City and Jackson to benefit the shul. “We will be back,” she said, “and we will recover.”

Surviving another act of antisemitism

Saturday’s fire at Beth Israel is being investigated by federal authorities as a possible hate crime. A local teen, Stephen Spencer Pittman, confessed to igniting the blaze.

The bulk of the damage was concentrated in the library and administrative offices, which are also home to the Institute of Southern Jewish Life. It’s the same part of the building targeted in a 1967 Ku Klux Klan bombing.

The Torah scrolls from the sanctuary of Beth Israel Congregation survived an arson attack. They were later unfurled at a nearby church to air out from soot and smoke.
The Torah scrolls from the sanctuary of Beth Israel Congregation survived an arson attack. They were later unfurled at a nearby church to air out from soot and smoke. Courtesy of Sarah Thomas

After the fire, the congregation moved the Torahs to the nearby Northminster Baptist Church, which offered its space. There, five Torah scrolls from the sanctuary were carefully unfurled and laid out across long tables, allowing soot and smoke to dissipate.

On the advice of a sofer, a ritual scribe, the Holocaust Torah was not unrolled.

“It’s extremely delicate,” said Sarah Thomas, Beth Israel’s vice president. She said it appeared to have no visible damage and is now wrapped and stored for safekeeping until the congregation is able to move back into the building.

The Torah’s survival can be explained without invoking a miracle: it was protected by its glass case and by where it stood. Still, for those who know its history, the moment carried weight.

What survives

Gilbert Metz spent decades speaking publicly about his Holocaust experience. His oral testimony is preserved in Holocaust archives, and his story has been taught in schools across Mississippi.

That inheritance was also ritual: For decades at Beth Israel, the shofar on the High Holidays was blown by Metz’s son, Lawson, and later by his grandson, Joseph.

Joseph Metz — now the president of the Jewish federation in Mobile, Alabama — has written a book about his grandfather’s survival, Behind the Silent Doors — a phrase Gilbert used to describe the gas chambers. Joseph regularly appears at Holocaust remembrance events and in classrooms. When he does, he pins his grandfather’s yellow star to his jacket before he speaks — the same object that once marked Gilbert for death now marking the story as one that refuses to disappear.

Joseph Metz, right, with his grandfather Gilbert, at his bar mitzvah festivities.
Joseph Metz, right, with his grandfather Gilbert, at his bar mitzvah festivities. Courtesy of Joseph Metz

Metz, who died at 78 in 2007, bore the tattooed number the Nazis assigned him at Auschwitz for the rest of his life: 184203. Joseph and his sister, Caroline, each later chose to replicate the number on a tattoo of their own, as an inheritance. He said his grandfather survived so the story would not end with him, but be carried forward.

The Torah Metz carried across an ocean — and across a lifetime — remains.

The post The Holocaust Torah that survived a Mississippi synagogue fire was brought there by the state’s only survivor appeared first on The Forward.

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This California synagogue was just vandalized with anti-Zionist graffiti, one year after being destroyed by wildfire

(JTA) — The remains of a synagogue in southern California destroyed in last January’s Eaton wildfire were vandalized over the weekend with anti-Zionist messages.

The rabbi of the Pasadena Jewish Temple and Center and the Anti-Defamation League decried the vandalism as antisemitic.

“The vandalism of the Pasadena Jewish Temple and Center is antisemitism — full stop,” ADL Los Angeles senior regional director David Englin said in a statement. “This was a deliberate act of hate meant to intimidate a Jewish community already rebuilding after last year’s fire, and it comes at a time when antisemitism is already at unprecedented levels in California and nationwide. Targeting a synagogue is simply unacceptable and represents an attack on our entire community.”

Photographs of the graffiti showed that it was scrawled in black spray paint on an exterior wall fence and read “RIP Renee” followed by “F— Zionizm” [sic].

The first words appeared to be a likely reference to Renee Good, the 37-year-old unarmed Minneapolis resident shot whose killing by Immigration and Customs Enforcement is igniting a nationwide spate of anti-ICE activism.

Anti-Zionist graffiti has been painted on synagogues around the country over the last two years amid a spike in anti-Israel sentiment during the war in Gaza.

The vandalism came days after congregants from the Conservative synagogue gathered at the burnt site of their spiritual home to commemorate one year since the wildfire tore through their synagogue. Dozens of members also lost their homes or were forced to evacuate due to last year’s fire, which was the second-deadliest in the state’s history.

The vandalism also came a day after an arson attack at a Mississippi synagogue that had been bombed by the Ku Klux Klan in 1967 in retaliation for the rabbi’s involvement with civil rights activism. The man charged with the crime said he targeted that synagogue due to its “Jewish ties.”

No suspect has yet been named in the Pasadena vandalism, which the Altadena station of the Los Angeles County Sheriff’s Department first received a call about on Sunday at 9 a.m.

“Acts of antisemitism and hate have no place in our diverse communities,” Altadena Station Captain Ethan Marquez said in a statement. “Crimes motivated by bias impact far more than a single victim, they harm the sense of safety and unity of our entire community. The Los Angeles County Sheriff’s Department takes all hate-motivated incidents seriously and is committed to thoroughly investigating these acts and holding individuals accountable. The community of Altadena has endured significant hardship over the past year and acts of hateful vandalism will not be tolerated.”

Detectives with the department’s Major Crimes Bureau will be taking over the investigation, the Altadena station said in a statement.

During the fire recovery process, PJTC, a century-old congregation, welcomed a new senior rabbi, Joshua Ratner, a former lawyer who became the synagogue’s permanent religious leader in August.

A representative from the synagogue did not respond to a request for comment. But in an email to congregants, Ratner described the vandalism as “hateful and antisemitic.”

“It was devastating in many ways,” Ratner said about the graffiti to The New York Times. He also told the newspaper that in his prayer for the dead over the weekend’s services, he had included Renee Good’s name.

Local political figures joined in condemning the vandalism.

“I am horrified by the vandalism of the Pasadena Jewish Temple and Center, especially coming just days after we marked the one-year anniversary of the Eaton Fire that tragically destroyed its entire campus,” Rep. Judy Chu, a Democrat who represents the district in Congress, shared on X. “For over a century, the Pasadena Jewish Temple and Center has been a beloved community institution and safe haven for our Jewish neighbors and loved ones. I stand with the congregation and the Jewish community as we await the results of the Los Angeles County Sheriff’s Department’s investigation. Hate has no place in the San Gabriel Valley.”

The Jan. 5 commemoration was the first time most congregants had been back to their synagogue building since last the fire. For the past year, services have been held in a neighboring church; Hebrew school services have also been held offsite. PJTC is home to about 450 member families, mostly from Pasadena and neighboring Altadena.

The post This California synagogue was just vandalized with anti-Zionist graffiti, one year after being destroyed by wildfire appeared first on The Forward.

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Australian writers’ festival collapses — and apologizes — after boycott over disinvited Palestinian activist

(JTA) — The organizers of an Australian literary festival pulled the plug on this year’s event on Tuesday, after nearly 200 authors said they would boycott over the disinvitation of a Palestinian-Australian author and activist who has justified “armed struggle.”

The board of the Adelaide Writers’ Week announced last week that they had disinvited Randa Abdel-Fattah, saying they felt her presence “would not be culturally sensitive” in the wake of the Bondi massacre, where 15 people were killed by two gunmen at a Hanukkah event.

Following the board’s announcement, roughly 180 of 240 writers slated to appear at the festival announced they were boycotting it over the decision, including British author Zadie Smith and former New Zealand Prime Minister Jacinda Ardern.

On Tuesday, the festival’s board put out another statement, apologizing to Abdel-Fattah, announcing that all but one of its members had resigned and canceling the writers’ week altogether.

“We also apologise to Dr Randa Abdel-Fattah for how the decision was represented and reiterate this is not about identity or dissent but rather a continuing rapid shift in the national discourse around the breadth of freedom of expression in our nation following Australia’s worst terror attack in history,” the statement said.

Abdel-Fattah rejected the apology in a statement on X.

“I refuse and reject the Board’s apology. It is disingenuous. It adds insult to injury,” she said. “The Board again reiterates the link to a terror attack I had nothing to do with, nor did any Palestinian. The Bondi shooting does not mean I or anyone else has to stop advocating for an end to the illegal occupation and systemic extermination of my people — that is an obscene and absurd demand.”

While the board did not cite specific statements by Abdel-Fattah in its initial decision, Australian Jewish groups have called for her exclusion from public appearances in the past, citing a March 2024 post on X where she wrote that “armed struggle is a moral and legal right of the colonised and brutalised.”

Jewish Community Council of South Australia public and government liaison Norman Schueler, who called for Abdel-Fattah’s removal in a letter to the festival’s organizers, condemned those that boycotted the festival.

“I think for everyone who has dropped out that it’s rather pathetic because that means they agree with what Dr Fattah is on about… Namely, that Israel should not exist,” Schueler told The Adelaide Advertiser.

The dustup comes as Australia’s parliament prepares to consider harsher speech laws devised in the wake of the Bondi massacre.

Louis Adler, a Jewish Australian and the director of Adelaide Writers’ Week, announced her resignation in an op-ed in The Guardian where she said the disinvitation of Abdel-Fattah “weakens freedom of speech and is the harbinger of a less free nation.”

“I cannot be party to silencing writers so, with a heavy heart, I am resigning from my role as the director of the AWW. Writers and writing matters, even when they are presenting ideas that discomfort and challenge us,” wrote Adler.

Another Jewish board member, Tony Berg, had announced his resignation in October, appearing to cite Abdel-Fattah’s invitation.

“I cannot serve on a board which employs a Director of Adelaide Writers’ Week who continues to deal with the board inappropriately and who programs writers who have a vendetta against Israel and Zionism,” wrote Berg, according to the Australian outlet InDaily.

The post Australian writers’ festival collapses — and apologizes — after boycott over disinvited Palestinian activist appeared first on The Forward.

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