Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

Woody Allen’s biggest fans were easy marks for a fake monologue about antisemitism

Those still wondering “what would Woody Allen say about today’s antisemitism” were treated to what looked like an answer last week in the form of a viral monologue bemoaning the price of coffee in a roast of Ivy-educated anti-Zionism.

The only issue: It seems to be entirely fake.

The post, according to X, where the post first gained traction, was initially posted in Spanish by a pro-Israel writer named Simy Benarroch and was originally the work of a previous Russian writer named Rami Yudovin.

As hoaxes go, this one seemed credible at first glance. It’s hard not to read it in Allen’s nasal voice. It has his cadence, his references to philosophers and the inclusion of an intrusive female relative that are his hallmarks, leading many who didn’t believe this to be genuine to conclude a prompt was fed through an AI mimic. (It’s not the first time something like this has happened.)

But there are tells for those looking. See the fourth paragraph, in which Allen encounters protesters outside a synagogue: “I was walking through Brooklyn thinking about death.”

From a ripe young age, Allen has perseverated on the end, but walking through Brooklyn? Now? That far from the Upper East Side? I’m skeptical.

This could all, of course, be a rhetorical flourish. The types of woke stereotypes the author plays with, i.e.: “someone with a scarf [presumably a keffiyah], who looks like he writes poems about his own beard, explains to you — with help from Heidegger and Nietzsche — why the existence of Jews is a form of aggression and a threat to humanity,” have a home in his native borough.

The thrust of this argument, that pro-Palestinian protesters use the language of the academy to justify the oldest hatred is hardly novel. They are in fact facile to the point of tracking with Allen’s own “witch hunt” comments about #MeToo (for which he said he should be the poster boy; he achieved this in a sense, but not in the way he meant.)

But if this is any type of Allen, it’s one of his characters, not the man himself.

“My grandmother, by the way, lived through actual Nazis,” the author writes, of hearing a protester indulging in Holocaust inversion. “She hid in a basement in Poland with a man who coughed so hard the Germans could have found them just from the bronchial racket.”

Allen’s grandparents were in the U.S. during World War II, but nice line.

John Podhoretz slammed this forgery, remarking how the real auteur has been “shamefully silent since October 7.”

This is an odd kind of indictment, aside from not being strictly true.

Who, exactly, would Allen reach in his activism for Jews? Should he shift to advocacy, he would likely find the exact same audience that shared the fake and found themselves nodding reverently along.

Perhaps this bodes well for Allen’s continued influence on the segment of the population still dying to hear his insights. Woody Allen may be 90, cancelled and taking a break from making movies, but Woody A.I.len can live forever.

The post Woody Allen’s biggest fans were easy marks for a fake monologue about antisemitism appeared first on The Forward.

Continue Reading

Uncategorized

U.S. launches attacks on Iran as negotiations over a peace deal drag out

(JTA) — The United States announced it had launched defensive strikes on Monday in Southern Iran, targeting Iranian missile sites and boats it believed were placing mines.

The move threatens to derail an already fragile ceasefire between the United States, Iran and Israel aimed at giving the U.S. and Iran space to hammer out a deal to end the hostilities. It also comes as U.S. President Donald Trump told several Muslim allies participating in consultations over a deal that they should normalize relations with Israel in exchange for the U.S. inking the agreement.

U.S. Central Command Spokesperson Navy Capt. Tim Hawkin said in a statement issued Monday that strike targets “included missile launch sites and Iranian boats attempting to emplace mines.”

He added that U.S. forces “conducted self-defense strikes … to protect our troops from threats posed by Iranian forces,” and that CENTCOM “continues to defend our forces while using restraint during the ongoing ceasefire.”

The attacks were conducted in the port city of Bandar Abbas around the strait of Hormuz, according to Iran’s Islamic Revolutionary Guard Corps, as cited by CNN.

The strikes came just 24 hours after President Donald Trump posted on his Truth Social platform that he had instructed his representatives to “not rush into a deal,” stressing that “time is on our side.” Trump emphasized in the message that Iran “cannot develop or procure a Nuclear Weapon,” a key aim of the American military effort but one the president had not referred to in comments over the weekend that a deal was close.

Trump noted in another post Sunday that the deal was not yet “fully negotiated,” but that if he makes a deal with Iran it “will be a good and proper one,” and that he does not “make bad deals.”

Trump’s comments came as several GOP voices have expressed concerns about a deal he said Saturday was “largely negotiated.” Trump’s posts Sunday came after Sen. Ted Cruz (R-Texas) posted on X that the reported terms of the agreement would be a “disastrous mistake.”  

Trump also stated on Truth Social Monday that Muslim countries should “mandatorily” sign on to the Abraham Accords as part of any agreement to end the war between Iran and Israel.

He named Saudi Arabia, Qatar, Pakistan, Turkey, Egypt and Jordan, though he said it might be possible for a couple to be exempted.

Following the U.S. strikes on Monday, Secretary of State Marco Rubio told reporters in India Tuesday that the Strait of ‌Hormuz has to be open, “one way or the other,” and that negotiations with Iran could “take a few days.”

Meanwhile, several media outlets reported that Iran announced Tuesday that it had executed Gholamreza Khani Shekerab for ​alleged espionage ⁠and ​intelligence cooperation ​with Israel.

This article originally appeared on JTA.org.

The post U.S. launches attacks on Iran as negotiations over a peace deal drag out appeared first on The Forward.

Continue Reading

Uncategorized

A stronger shekel has become a pressing problem for Americans building lives in Israel

(JTA) — Yisrael HaBahiyir saved for more than a year to make his dream of moving to Israel come true.

But just weeks after leaving upstate New York, where he had been managing operations for a synagogue, he got a cruel reality check when he transferred his rent money from his American bank account to Western Union to pay his Tel Aviv landlord.

“I sent the same amount I normally transfer and went to pick it up. It was about 300 shekels short. I said something to the cashier, like, ‘I think you gave me the wrong rate,’” HaBahiyir recalled. “That’s when I realized the shekel was strengthening.”

It’s an experience that Americans in Israel — and Israelis who depend on American dollars — are increasingly facing, as the Israeli shekel has strengthened to near-record highs. While the currency’s strength has been good news to many Israelis who worried that years of war would harm the economy, it is having wide-ranging and often challenging ramifications for immigrants and Israeli nonprofits.

Many Americans who move to Israel have chosen to keep some or all of their assets in dollars, whether to hedge against shekel volatility, maintain financial ties to the United States or preserve flexibility should they ever return.

When the dollar is relatively strong compared to the shekel, as was the case for much of the past decade, that arrangement is advantageous. Assets held in dollars go further in an Israeli economy priced in shekels, giving American immigrants greater purchasing power for everyday expenses.

But now, with the shekel trading at less than three to a dollar, its most favorable rate in three decades, anyone trying to make a life in Israel using U.S. dollars is feeling the squeeze.

“Before, $1,500 would get me close to 6,000 shekels and cover my bills,” said Lauren Adilav, who works as a freelance editor for American authors. “I’m relying on money from the U.S. to cover my rent. If the shekel gets any stronger, I don’t know if I can.”

The exchange rate isn’t just punishing Americans in Israel. It’s also putting extreme pressure on the many Israeli charities and organizations that depend on donations from Jews abroad. Aish Hatorah, the Orthodox outreach organization based in Jerusalem, announced last month that it had laid off several employees and twice delayed salary payments to staff amid funding shortfalls driven largely by the strengthening shekel.

Leket Israel, the food rescue organization, has also felt the pressure. Its founder, Joseph Gitler, said the shift had made clear that Israeli nonprofits can no longer rely solely on overseas support. Shmulie Russel, director of Makom LaLelev, told JTA that his nonprofit, which provides direct aid to those recovering from addiction, is facing a similar financial crunch and might soon be forced to find ways to cut expenses.

“This is the biggest conversation happening in the Israeli NGO sector right now — how to deal with the strength of the shekel,” said Leah Aharoni, executive director of the group Our People, which helps Russian-speaking Jews immigrate to Israel. The majority of donations to Our People are made in dollars.

So far, Aharoni said, the organization has delayed making new hires. She anticipates more challenges ahead.

“It has made it absolutely impossible to plan,” she said. “This is happening across the NGO sector. We haven’t been forced to cut programs yet, but it’s only a matter of time.”

Aharoni added that she hasn’t wanted to raise the issue with her donors. “Everyone is reluctant to speak out, as donors are already feeling the fatigue of three years of war. Israel just isn’t at the top of their priorities anymore, and now we’re coming back to ask them to make up the difference,” she said. “So we cut where we can.”

The strength of the shekel has come as a surprise to many Israelis, who expected the economy to be weakened by yet another war, this time with Iran, that cratered tourism and heightened instability in daily life. Yet much of the shekel’s gain against the dollar has actually stemmed from the war, as the dollar has weakened and investors have flocked to Israel’s high-tech sector, and particularly its defense industry, which has been buoyed by the conflict.

“The high-tech industry, which historically leads growth in Israel, has been minimally hurt by the war given its reliance on international connections — and it continued to grow even in 2024, the worst year of the war,” said Michel Strawczynski, professor of economics at Hebrew University.

High-tech exports reached $78 billion in 2024, and in the first half of 2025, high-tech accounted for 57% of all Israeli exports, the highest share ever recorded.

For Adilav, who moved from Jerusalem to the West Bank to manage her costs since moving to Israel from upstate New York more than two decades ago, spending in the tech sector is cold comfort.

“The shekel being strong might be good for the 10 billionaires who dream up some app and sell it to Google for $40 billion, but it really affects the rest of us,” she said.

Exporters, meanwhile, have counter-intuitively watched their profit margins dwindle as the shekel gains. They are paid for their products in dollars, so as the shekel strengthens and the dollar weakens, they end up with fewer and fewer shekels to fund their operations and pay workers’ salaries.

The pinch is also coming for Americans who are buying Israeli real estate — a transaction that often happens “on paper,” or with Americans entering a contract to buy an apartment or home that is still being built. Those contracts rarely account for a volatile exchange rate.

“When their upcoming payment might have been 400,000 shekels, now they’re getting hit harder in dollars,” said Nachi Paris, a Jerusalem-based real estate agent who specializes in high-end properties.

Paris said contracts for apartments in development typically prohibit transfers before a buyer takes possession, leaving buyers legally obligated to spend more than they expected when they signed.

He said he believed concerns about antisemitism in the United States could drive middle-class American Jews who cannot afford second properties to make Israel their primary residence instead. But the exchange rate could be an obstacle.

“There’s a point where they can’t afford it,” Paris said. “Right now, it’s still psychological. They can still afford it, and Zionism is involved, and they want to move here, but there comes a point when you can’t afford it.”

With economists warning a stronger shekel can lead to employment drops and other negative consequences, calls have been growing on the Bank of Israel to intervene. But its options are limited, according to Strawczynski, who noted that paused rate cuts and rising inflation from oil prices and flight costs constrain the bank’s ability to act at least until the war ends.

For now, Americans in Israel are paying the price. Judy Diamond moved from New York four years ago with the goal of fully retiring from her career in finance. Not only has she set that aside as an immediate ambition, but she is trying to break her lease in the upscale Katamon neighborhood of Jerusalem because she can see that her savings, in dollars, won’t stretch as far as she anticipated.

“I just can’t afford my rent anymore,” Diamond said. “It’s keeping me up at night. It worked for three and a half years, and now the financial aspect of it has fallen apart.”

For Joel Haber, a Jerusalem-based guide who moved to Israel in 2009, the shekel’s rise has come at an especially painful time, when yet another war stopped the flow of travelers who pay hundreds of dollars for his food tours of his adopted city and its famous market.

“The battered dollar has been more of an added insult to the injury of the war,” he said.

Haber always quotes his prices in dollars, even for visitors not from the United States. “It’s a lot less scary to see a price of $300 than 900 shekels, especially for unfamiliar tourists,” he said.

Now, due to the strength of the shekel, Haber has taken what amounts to a 20% pay cut over the last year. He would like to raise his prices, but with the cost of visiting Israel already so high and a 50% reduction in tourist visits compared to 2022, Haber can’t afford to lose any more customers.

“I want to raise my prices so I can still pay my bills,” he said. “But if I look at it from the tourists’ perspective, it’s getting even more difficult for them to afford Israel. It hurts us both.”

This article originally appeared on JTA.org.

The post A stronger shekel has become a pressing problem for Americans building lives in Israel appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News