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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 real Holocaust history behind ‘Papillon,’ the Oscar-nominated short about a star Jewish swimmer

(JTA) — At first glance, “Papillon” (Butterfly), the 15-minute Oscar-nominated animated short by veteran French filmmaker Florence Miailhe, may appear like a meditative journey through water and memory. An elderly man swims in a hand-painted sea, flashing back to childhood memories of being bullied and a loving mother who makes it all right.

As he cuts through the water and moves through time, the fuller context emerges: The sun-soaked beaches appear to be North Africa, the boy becomes a champion swimmer, a swastika tells you that he is competing in the 1936 Berlin Olympics, and the soundtrack echoes with taunts of “Jew” and “kike.”

The film is based on the extraordinary real life of Alfred Nakache, a Jewish athlete whose story of resilience under Nazi persecution has previously been told in two French documentaries but is seldom remembered today.

Born in 1915 in French Algiers (his family immigrated from Iraq), Artem “Alfred” Nakache became one of France’s most celebrated swimmers in the 1930s, specializing in the butterfly stroke — a full-bodied lunge that looks like a bird, or butterfly, in flight. His success brought him to the 1936 Berlin Olympics, where he competed under the shadow of rising antisemitism in Nazi Germany (and was part of a freestyle relay team that didn’t medal, but finished ahead of the Germans).

Under Vichy, the Nazi puppet regime, Nakache was stripped of his French nationality and forced out of Paris. He joined the resistance underground while still competing for Vichy. On Nov. 20, 1943, Nakache and his wife and daughter were arrested by the Gestapo, and the family was separated at Auschwitz. Only Alfred survived. He later endured the death march to Buchenwald before liberation.

Despite these unimaginable losses, Nakache returned to swimming after the war, competing at the 1948 London Olympics. (He, gymnast Agnes Keleti and weightlifter Ben Helfgott are the only known Jewish survivors to have competed in the Olympics after the war.)

Nakache remained a swimmer the rest of his life, and died of a heart attack after a swim in the sea near the Spanish-French border in 1983.

Miailhe, a 70-year-old animator known for her labor-intensive oil and pastel on glass technique, has a personal connection to Nakache’s legacy. As a child, she took swim lessons with his younger brother Bernard and heard stories of his triumphs long before she understood their full historical weight. The end credits explain that her father also knew Alfred, whom he met in the resistance during the war.

“I hope people will be moved by Alfred Nakache’s story and rediscover it, because it’s not well-known in France,” Miailhe said in an interview with Deadline. “Also, we are living in some very troubled times in a world where racism and antisemitism are back.”

Produced by Oscar-winning animator Ron Dyens alongside Luc Camilli for Sacrebleu Productions and XBO Films, Papillon took roughly 100 days to animate — a testament to the craftsmanship that makes every frame an essay on the various qualities of water. The film has earned a César nomination (the French Academy Award) and a nomination at the Annecy International Animation Film Festival, and won the International Competition for best animated film at the Grand Prix at Stuttgart.

Amid the horrors of the Holocaust, the animated short also depicts the camaraderie among the athletes who swam — and stood — by Nakache’s side before and after the war.

“Some people denounced the Nakache family [to the Gestapo], but others saved Alfred when he returned from the camps,” Dyen told Deadline. “The whole tragedy of human duality is ultimately reflected in Nakache’s story.”

The post The real Holocaust history behind ‘Papillon,’ the Oscar-nominated short about a star Jewish swimmer appeared first on The Forward.

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Laura Loomer and other Jewish conservatives sound alarm over Tucker Carlson’s White House access

(JTA) — Jewish figures on the far right are increasingly expressing concerns about President Donald Trump’s handling of an antisemitism rift among the Republican party, after its instigator Tucker Carlson reportedly visited the White House for the third time in weeks on Monday.

The visit, reported by Punchbowl News journalist Jake Sherman, came days after his combative interview with Trump’s ambassador to Israel, Mike Huckabee, ignited antisemitism allegations and a diplomatic row with Arab leaders.

After the interview Carlson also appeared on Saudi state-owned TV, during which he called Israel’s Gaza war a “land grab” and repeated his past claims that Israeli Prime Minister Benjamin Netanyahu is “evil and destructive.” Carlson has ties with both Saudi Arabia and Qatar, where he has said he intends to buy property and has hosted high-profile events.

Laura Loomer, a far-right Jewish activist, has staked out a warpath against Carlson’s continued welcome in the Trump administration.

“It seems like a suicide mission for any Christian or Jew who doesn’t idolize Hitler to keep donating to the GOP,” Loomer tweeted late Monday. In a follow-up, she wrote, “It’s like I woke up one day and 90% of the people I’ve come to know on the right over the last 10 years have morphed into different people.”

Loomer’s explosion of anger and angst is significant because she has boasted of close ties to Trump and has appeared to hold some sway over White House hiring. In the past, when she has targeted administration staffers or potential hires, many have been spiked quickly. Now, as she raises alarms about Carlson and antisemitism on the right, the White House has remained silent.

“It’s shocking that I have to say this, but the GOP has a major identity crisis right now, the GOP has a growing Jew hate and foreign influence problem, and the party seems to be in a struggle session with Neo Nazis who they aren’t explicitly rejecting,” Loomer tweeted. “My advice is for people to not donate at this time till we get clarity from the party on what the party’s position is on these issues.”

Other Jewish figures on the far right, including radio host Mark Levin and pro-Israel activist Sloan Rachmuth, sided with Loomer against Carlson.

“He should be condemned by the White House, not invited to it,” Levin tweeted.

Carlson’s reported White House visit was one of several he has made since increasingly using his show to lean into friendly interviews with conspiracy theorists and white nationalists, including Nick Fuentes. Seen as a bellwether of conservative influence with close ties to Vice President JD Vance, Carlson’s broadsides against Israel and increasing embrace of antisemitic talking points have paralleled a similar rise in such sentiments among younger GOP voters, and caused serious concern among many Jewish conservatives.

Huckabee himself, in damage control following his comments in the interview, has publicly urged the Trump administration to cut ties with his former Fox News colleague.

“I hope they quit letting him into the White House because, quite frankly, this is a person who is doing serious, significant damage to President Trump and to the administration,” the ambassador told the Christian Broadcasting Network, hours before Carlson was spotted at the White House.

At least one other Trump appointee has also spoken out to defend Huckabee and condemn Carlson.

“Am I the ONLY member of the Trump’s [sic] Administration defending AND supporting Ambassador Huckabee?” Leo Terrell, chair of the Trump administration’s antisemitism task force, tweeted Monday.

Following the Huckabee interview, the influential Israeli-American conservative activist Yoram Hazony said Carlson’s earlier visits to the White House had come at the invitation of Trump, who Carlson said was worried that the burgeoning antisemitism rift would drive voters to the Democrats in the midterm elections this fall.

Hazony, whom Carlson mentioned in the video of his Huckabee interview, said Carlson had asked him for help mending fences but that he had come away unconvinced that Carlson wanted to make any changes.

“I explained to him that I can’t do much to help him, because just about every Jew I know believes he’s been waging a savage campaign against Jews, Judaism, and Israel for the past 18 months — and that most think his aim is to drive Jews and Zionist Christians out of the Trump coalition and out of the Republican party,” Hazony wrote on X.

Carlson requested Hazony set up a meeting with Netanyahu, Hazony claimed; he declined to do so. While at first Hazony said he was open to conversing with Carlson in the name of “building coalitions,” he has changed his mind.

“In Tucker’s case, the private person turns out to be exactly who we’ve been seeing in public,” he wrote. “Whatever his motives for turning his podcast into what seems to be a circus of anti-Jewish messaging, right now that project is clearly more important to him than helping the administration keep its coalition together so it can govern effectively and win elections in 2026 and 2028.”

Jonathan Greenblatt, CEO of the Anti-Defamation League, condemned Carlson and praised Huckabee on Monday. He had previously said Carlson should not be invited to the White House.

“Tucker Carlson has a long history of peddling antisemitic conspiracy theories and lies about Jews and the Jewish state,” Greenblatt tweeted. “His recent interviews continue to amplify hate and launder falsehoods. None of this is new. It’s just pathetic. I appreciate Ambassador @GovMikeHuckabee’s effort to engage in good faith and set the record straight. Unfortunately, I’m not surprised at the outcome.”

Some non-Jewish GOP lawmakers have started to join their Jewish colleagues on the right in condemning Carlson, or antisemitism more forcefully.

“I used to respect Tucker Carlson but after watching his interview of @GovMikeHuckabee I am appalled,” Rep. Marlin Stutzman of Indiana wrote on X. “Tucker gave ample platform and time to Nick Fuentes to share his anti-Semitic vitriol, but constantly interrupted, was impatient, disingenuous, argumentative and disrespectful to Huckabee.”

Stutzman added, “Carlson suggesting all ‘Jews’ do a DNA test in order to live in Israel is repulsive and smacks of ignorance regarding the oldest faith practice in the world combined with the worst kind of exclusionary prejudice and elitism.”

In a slightly more coded message, Alabama Sen. Katie Britt tweeted Monday, “We must continue to call out and condemn antisemitism at every turn. Proud to stand with our Jewish brothers and sisters at home and abroad.” Britt did not mention Carlson or Huckabee by name. By contrast, GOP Sen. Ted Cruz of Texas, an established foe of Carlson’s who was also on the receiving end of a tough interview over Israel, has retweeted several pro-Huckabee and anti-Carlson posts following the interview.

The Trump administration has not commented publicly on the interview or its backlash. Trump staffers have reportedly been working behind the scenes to assure Arab leaders that Huckabee’s comments during the interview, in which he suggested Israel has a divine right to much of the Middle East, do not represent official administration policy.

The drama has raised a range of issues beyond the antisemitism rift, including the fact that Carlson’s son works for Vance and about Carlson’s relationships with Saudi Arabia and Russia, both of which are promoting interviews on state media about Carlson’s criticism of the Trump administration.

Carlson is keeping up his streak elevating fringe GOP figures amid the controversy, posting a new interview Monday with outsider Iowa gubernatorial candidate Zach Lahn.

“We have a Christian form of government, but we have elected people that are not following that custom and religion in Christianity,” Lahn told Carlson in the interview. “And so you’re going to have a constitutional crisis. You’re going to have fraud all over the place.”

For Loomer, the moment is existential for right wing-Jews. “The GOP has made it very clear over the last few years that Jewish voters on the right are not welcome, we are not appreciated, and we will not be given basic respect,” she tweeted.

“There’s some elected officials in the GOP who would be ok with seeing Jews mass murdered,” Loomer continued, without naming names. “As a lifelong Republican, this is very alarming to me.”

The post Laura Loomer and other Jewish conservatives sound alarm over Tucker Carlson’s White House access appeared first on The Forward.

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Documentary about Jews killed by their Polish neighbors after the Holocaust could be banned in Poland

(JTA) — A documentary about the murder of five Jews in a Polish town is being threatened with a ban in Poland — not because they were killed in the Holocaust, but because they weren’t.

The Jews at the heart of “Among Neighbors,” from California-based filmmaker Yoav Potash, died six months after the end of Nazi occupation. They were among a handful of survivors from Gniewoszów, a town where about 1,500 Jews made up half the population before World War II. When they returned home in 1945, they were killed by their Polish neighbors.

Since premiering at the Warsaw Jewish Film Festival in November 2024, “Among Neighbors” has been screened in six countries and qualified for Academy Award consideration. But its release on TVP, the Polish public broadcaster, has prompted uproar from right-wing politicians and a national investigation.

Potash stumbled into making “Among Neighbors” on a 2014 trip to Gniewoszów, where he planned to document a modest rededication ceremony for the Jewish cemetery. As he began talking with the oldest residents, one woman, who has since died, told him that Jews were killed there well after the war.

“That just really struck me as a very different kind of story, because it was not the Germans doing the killing, it was the Poles,” said Potash. “It was not during the war, it was well after, when it should have been a time of peace.”

When “Among Neighbors” appeared on televisions across Poland in November 2025, it was hit with backlash from the office of Polish President Karol Nawrocki, a right-wing historian who led nationalist efforts to rewrite Poland’s Holocaust history. His Law and Justice party, which governed Poland from 2015 to 2023, promoted historical narratives about Polish victimhood and resistance to the Nazis while delegitimizing research on Polish antisemitism or Poles who killed Jews.

Prime Minister Donald Tusk now leads the Polish government with a centrist coalition, but Nawrocki has been a counterweight to Tusk since he was elected last year.

Six days after “Among Neighbors” aired on TVP, Agnieszka Jędrzak, a minister in Nawrocki’s office, attacked the broadcaster on X. Calling the documentary “historical anti-Polish manipulation,” she said “a television station that has ‘Polish’ in its name should not be broadcasting it.”

Jędrzak oversees state awards and Polish diaspora relations. Before joining the president’s office, she spent 15 years working at the Institute of National Remembrance — previously headed by Nawrocki — which gained a reputation for advancing nationalist narratives about the Holocaust. According to Jędrzak’s government profile, she led the IPN as it “responded to defamatory statements which damaged the reputation of Poland and the Polish nation.”

A probe into “Among Neighbors” launched after the Ordo Iuris Institute, a far-right Catholic think tank, filed a complaint with the National Broadcasting Council, comparable to the Federal Communications Commission in the United States.

“The narrative presented in the documentary film ‘Among Neighbors’ clearly undermines values ​​important to Poles, such as historical truth,” the institute said in November. “Above all, the film creates a false image of Poles as a nation co-responsible for the German genocide of Jews during World War II. What is particularly outrageous is the fact that the production was released by Polish Television.”

The National Broadcasting Council responded by opening an investigation into the film.

“Among Neighbors” was made over the course of a decade that largely spanned the Law and Justice regime. In 2018, the country passed a law that outlawed accusing Poland or the Polish people of complicity in Nazi crimes. The infraction has since been downgraded from a crime punishable with prison time to a civil offense, but the law remains in effect.

For Potash, reactions to the film from right-wing nationalist officials were “not surprising at all.”

“They have adopted this mindset where there’s an almost sacred sense that Poles during World War II were either victims or heroes,” he said. “Any story that anyone tells that contradicts that, or that adds that some Poles were perpetrators, is anathema to that.”

TVP has stood by the film and continues to air it. The network has been backed by the Jewish Historical Institute of Poland and the POLIN Museum of the History of Polish Jews, whose representatives sent a letter of support to the TVP Program Council’s chair, Barbara Bilińska.

“Among Neighbors” unfolds around a man and a woman who grew up in Gniewoszów. In the last breaths of their lives, they seek to answer questions that have possessed them for 80 years — he as the Jewish child of Holocaust survivors who were killed in their hometown, and she as a Polish eyewitness to the murders.

In a statement, TVP said the reckonings of these two people were neither “anti-Polish” nor “a judgment of the entire Polish nation.”

“We are open to dialogue regarding historical memory and believe that even difficult topics allow society to understand the fuller context of past events,” said TVP. “As a public broadcaster, we have a duty to facilitate such conversation and not shy away from presenting those fragments of history that require reflection and civic courage.”

Beyond Gniewoszów, “Among Neighbors” touches on a wave of murders that struck Jews returning home to cities and towns across Poland after liberation from the Nazis. In the most notorious instance, 42 Jews in the southeastern town of Kielce were killed by a mob of Polish residents, soldiers and police officers in July 1946. The Kielce pogrom convinced many survivors they had no future in Poland, spurring an exodus.

A film dramatizing the Kielce pogrom drew protests from Polish Americans, and the Berlin office of its Jewish producer was destroyed by an arson in 1996, the same year the Polish government formally apologized for the pogrom.

“Among Neighbors” confronts the simultaneous intimacy and violence woven through small towns, where Poles lived and worked with Jews, where their children played with Jewish children, and where some Poles also killed their Jewish neighbors. That complex relationship still rests under the surface of skirmishes over Poland’s history.

Konstanty Gebert, a journalist interviewed in the film, compared the relationship between Poland and its Jews to the phenomenon of phantom limbs — the sensation that a body part remains attached after it has been amputated.

“Poland is still suffering from its Jewish phantom pains, and Jews are suffering from their Polish phantom pains,” said Gebert. “Until those two amputated hands can actually shake — and I don’t know how you do that to amputated limbs — but I know that if you don’t, we’ll be still standing there, swallowing painkillers for a pain that cannot be relieved, because the amputated limb is gone and it still hurts.”

The post Documentary about Jews killed by their Polish neighbors after the Holocaust could be banned in Poland appeared first on The Forward.

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