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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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At Sundance, the AIDS crisis through the eyes of a bar mitzvah boy
If you were swept up by Aftersun when it debuted on the festival circuit three years ago, Israeli director Moshe Rosenthal’s new film Tell Me Everything may hit you immediately with a sense of deja vu.
It opens on thrashing bodies moving in slow motion in a dark club. Slowly, the strobe lights reveal a figure: a vision of a lost father, just out of reach to his adult child. The scene recalls, and could even be read as a quotation of Charlotte Wells’ semi-autobiographical portrait of a daughter and her tortured father on vacation at a Turkish resort in the 1990s.
While that sequence is very after Aftersun, Rosenthal’s film, in competition at Sundance, has its own merits and its own unwelcome glut of cliches. Tell Me Everything concerns the relationship of a son and a father, and where the source of the anguish of the father in Wells’ is never stated outright, here it’s made explicit.
A memory film split between the 1980s and 1990s, Rosenthal’s drama is told almost exclusively through the perspective of Boaz (Yair Mazor), introduced in the 1980s as a self-conscious soon-to-be bar mitzvah boy. One day, amid the confusion of the early AIDS crisis, Boaz sees his father Meir (Assi Cohen) with another man behind a stall at the pool showers.
Keeping the secret, Boaz grows paranoid about illness and insecure about his own masculinity. Where before he danced to Ilana Avital, voguing with the encouragement of his older sisters, he soon pivots to the edgier pop-rock of the Israeli band Mashina, punching the air with his sister’s mini weights. (He wraps the weights in black tape, he tells Meir, pointedly, using a slur for gay men, because they were pink.)
Teased in school for being small and coddled by the women in his family, not least his beautician mother Bella (Karen Tzur), when Boaz learns of Meir’s sexuality it awakens him to the ways he may fall short of the stereotypical Israeli swagger.
Rosenthal, who broke out four years ago with his debut feature Karaoke, has a deft touch for the period. Shooting in soft focus and working with a pastel palette, he evokes the haziness of the remembered past, half-understood even in the moment.
Tell Me Everything captures how kids process — in overheard snippets, glimpsed scenes — the adult world and the tactics of older siblings shielding a younger one from parental fights. (This family plays Scattergories when voices are raised in the hall.) It also gets at, a bit too strongly, the surrogate husband role often forced on a son by an unsatisfied and possessive mother.
Rosenthal sometimes overdoes it. He shows Boaz in bed, reading sensationalist newspaper headlines about AIDS by flashlight. His growing awareness of his father’s sexuality — and predicament — are shot like a horror film, a sarcoma lensed like a zombie bite. A later montage, showing the redesign of the home after Meir’s exit, is so on-the-nose it belongs in a different kind of ‘80s movie (one from the actual 1980s).
A cut to the late ‘90s, where Boaz (now played by Ido Tako) works at a gas station and nurses an ill-defined homophobia, brings a contrived closure that leaves an earlier plot point dangling.
But when the film works, as in a notable sequence set to Air Supply’s “Making Love Out of Nothing At All” — Boaz and his sisters scramble to tape it off the car radio — it can be moving.
It won’t do for that song what Aftersun, a far quieter film, did for “Under Pressure” in the one moment it got loud, but the drama works as a time capsule. While today Israel is heralded as a gay mecca in the Middle East, the stigma the film hints at still exists with its own strain of toxic masculinity and machismo. (That Boaz’s army service doesn’t feature is notable, and could have made the film a richer text.)
Rosenthal has made a sensitive, if at times excessive, portrait of family life grounded in an uncertain past. That its story speaks to today is to be expected; that it might, at times, seem quaint or nostalgic is a sad truth of history.
Moshe Rosenthal’s Tell Me Everything debuts Jan. 25 at the Sundance Film Festival. More information can be found here.
The post At Sundance, the AIDS crisis through the eyes of a bar mitzvah boy appeared first on The Forward.
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I’m a rabbi arrested for protesting ICE in Minneapolis. The Book of Exodus shows us how this ends
On Friday, hours before Shabbat began, I was arrested with 96 other multifaith clergy members and Faith in Minnesota leaders while protesting ICE in Minneapolis.
“Who could have imagined such times as these?” we sang, in the words of local songmaker Sarina Partridge. “We will grieve through these times, and soon enough we’ll be grieving on the other side.”
We cannot keep on with business as usual when our federal government is engaged in escalating state terror right here, right now. To grieve through these times is not enough; we must also act.
In the bitter cold, thousands of Minnesotans gathered at that airport. Tens of thousands more marched downtown, and others simply stayed home in the largest work stoppage in this country in many decades, the Day of Truth and Freedom. Nearly one thousand interfaith clergy answered the call to come to Minnesota — as they did for the Civil Rights Movement call to march in Selma in 1965 — to join us in the fight.
Standing there among them, on erev shabbes in the cold, I thought about the Torah portion we would read the next morning in shul: parashat Bo, from the Book of Exodus.
In it, the darkness of the ninth plague that befell the Egyptians is described as something that the oppressors — the mitzrim, which I’ll translate as “the ones of narrowed sight” — could actually touch. It was so thick that it kept them isolated from each other, unable to move.
In contrast, the dwellings of those seeking liberation were full of light.
I imagined that palpable darkness not as a punishment, but as a reflection of reality. The oppressors were unwilling to see the humanity of their neighbors. But if they had been, they too could have found themselves in dwellings full of light, able to clearly perceive the richness and possibility of living in a multiethnic community.
So too with the federal oppressors here in Minnesota, and those who collude with them. They are so welcome to join us in the light of that recognition. We were there at the airport to invite them in.
Instead, they arrested nearly 100 of us, while we sang and prayed for the protection of our people in the languages of our diverse traditions. Doing this work in coalition builds the power we need to break through the oppression: Our differences make us stronger.
As a minister next to me chanted the Lord’s Prayer, and a clergy member close by meditated with closed eyes, I chimed in with “Ana Bekoach,” a kabbalistic prayer that is part of Friday night services, envisioning divine protection holding close all the people of this place.
At our airport, Signature Aviation is facilitating the internment of our fellow Minnesotans every day, adults and children alike, flying them to detention centers where they suffer in conditions that deny their humanity. ICE is even disappearing workers at that airport from the jobs they work every day, keeping all of us safe and supported as we travel.
The airport is supposed to encourage connection. Come join us in our city, it is supposed to say; come see the beauty of our communities. Come, with your eyes open, to join a dwelling of light. Instead, it has turned into a hub of darkness, and separation.
As Jews, so many aspects of our history are particularly resonant in this moment.
As ICE has engaged in a campaign of terror in our city since the start of the year, I have heard Jews in my community reflecting on their families’ experiences with state terror in Nazi Germany, Soviet Russia, and under dictatorships in Latin America. We join neighbors, refugees and immigrants from around the world, who never thought those feelings of suffocating fear would again define their lives here in the United States.
Now that they are, our obligation is to resist.
I was moved to tears during a march last week, when I saw families in hiding peeking out from behind their attic blinds as we sang of our love for our immigrant neighbors. It reminded me of Jewish families reduced to hiding in Nazi Germany, and of those brave souls who tried to protect them.
When I was arrested, I felt my heart open to the clergy standing and kneeling together with me, and all those in our state who have stood up with courage and generosity throughout these weeks and months. I hoped that all those who would see or hear of our arrest would be motivated to join this work.
The safety of all marginalized communities in this country, our Jewish community included, depends on our efforts to protect our democratic practices, and one another. You can join us, in Minnesota, or wherever you are.
Call for ICE to get out of Minnesota. Their presence is endangering us all. Just yesterday, Alex Jeffrey Pretti — an ICU nurse, mountain bike enthusiast, dog lover and beloved community member — was shot and killed by federal agents while attempting to aid a fellow protester. Our government, rather than accept responsibility for the injustice of his death, and that of Renée Nicole Good, is already lying about who these upstanding Minnesotans were and what those agents did.
Learn from us and protect each other in your home communities. You can stand with Minnesota; we’ll stand with you too. Call your senators to demand that they deny ICE funding in an upcoming vote this week. Push for prosecution of ICE agents who kill our civilians. Together we will fight the plague of narrow sight, instead creating dwellings of warm light where we hold and honor the fullness of humanity of each and every one of us.
On Saturday night, Minnesotans gathered in candlelight vigils on street corners in our neighborhoods to mourn and remember Pretti. I was with hundreds of my students on campus. We imagined, together, all the vigil-goers, holding candles to decry Pretti’s death and honor his memory, as points of light, linked across Minnesota and the country, and around the world.
The stars came out just then, as if the universe was joining us in a vast web of care and light. We sang a song from Heidi Wilson: “Hold on, hold on, my dear ones, here comes the dawn.”
The post I’m a rabbi arrested for protesting ICE in Minneapolis. The Book of Exodus shows us how this ends appeared first on The Forward.
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US-Brokered Peace Talks Break Off Without Deal After Overnight Russian Bombardment of Ukraine
Some windows glow in a residential building left without heating and facing long power cuts after critical civil infrastructure was hit by recent Russian missile and drone strikes, amid Russia’s attack on Ukraine, in Kyiv, Ukraine, January 23, 2026. Photo: REUTERS/Alina Smutko
Ukraine and Russia ended a second day of US-brokered talks in Abu Dhabi on Saturday without a deal but with more talks expected next weekend, even as overnight Russian airstrikes knocked out power for over a million Ukrainians amid subzero winter cold.
Statements after the conclusion of the talks did not indicate that any agreements had been reached, but Moscow and Kyiv both said they were open to further dialogue.
“The central focus of the discussions was the possible parameters for ending the war,” President Volodymyr Zelensky wrote on X after the meeting.
More discussions were expected next Sunday in Abu Dhabi, said a US official who spoke to reporters immediately after the talks.
“We saw a lot of respect in the room between the parties because they were really looking to find solutions,” said the official, speaking on condition of anonymity.
“We got to real granular detail and (we feel) that next Sunday will be, God willing, another meeting where we push this deal towards its final culmination.”
A UAE government spokesperson said there was face-to-face engagement between Ukraine and Russia — rare in the almost four-year-old war triggered by a full-scale Russian invasion — and negotiators tackled “outstanding elements” of Washington’s peace framework.
Looking beyond next week’s negotiations in Abu Dhabi, the US official voiced hopes for further talks, possibly in Moscow or Kyiv.
“Those sorts of meetings have to happen, in our view, before we get a bilateral between (Russian President Vladimir) Putin and Zelensky, or a trilateral with Putin, Zelensky and President Trump. But I don’t think we’re so far away from that,” the official said.
BOMBARDMENT OF UKRAINE BEFORE SECOND DAY OF TALKS
The bombardment of Ukraine’s capital Kyiv and its second-largest city Kharkiv by hundreds of Russian drones and missiles prompted Foreign Minister Andrii Sybiha – who was not at the talks – to accuse Putin of acting “cynically.”
“This barbaric attack once again proves that Putin’s place is not at (US President Donald Trump’s) Board of Peace, but in the dock of the special tribunal,” Sybiha wrote on X.
“His missiles hit not only our people, but also the negotiation table.”
Saturday was scheduled to be the final day of the talks, billed by Zelensky as the first trilateral meeting under the US-mediated peace process.
The UAE statement said the talks were conducted in a “constructive and positive atmosphere” and included discussions about confidence-building measures.
Kyiv is under mounting Trump administration pressure to make concessions to reach a deal to end Europe’s deadliest and most destructive conflict since World War Two.
US peace envoy Steve Witkoff said at the annual World Economic Forum in Davos this week that a lot of progress had been made in the talks and only one sticking point remained. However, Russian officials have sounded more skeptical.
RUSSIA WANTS ALL OF DONBAS
After Saturday’s talks, Zelensky said the US delegation had raised the issue of “potential formats for formalizing the parameters for ending the war, as well as the security conditions required to achieve this”.
The US official said the proposed security protocols were widely seen as “very, very strong.”
“The Ukrainians and many of the national security advisors of all the European countries have reviewed these security protocols. And to a person, and this includes NATO, including (NATO Secretary General) Mark Rutte, they have expressed the fact that they’ve never seen security protocols this robust,” the official said.
Ahead of the discussions, Kremlin spokesman Dmitry Peskov said on Friday Russia had not dropped its insistence on Ukraine yielding all of its eastern area of Donbas, the industrial heartland grouping the regions of Donetsk and Luhansk.
Putin’s demand that Ukraine surrender the 20 percent it still holds of Donetsk – about 5,000 sq km (1,900 sq miles) – has proven a major stumbling block to any deal. Most countries recognize Donetsk as part of Ukraine. Putin says Donetsk is part of Russia’s “historical lands.”
Zelensky has ruled out giving up territory that Russia has not been able to capture in four years of grinding, attritional warfare against a much smaller foe. Polls show little appetite among Ukrainians for any territorial concessions.
Russia says it wants a diplomatic solution but will keep working to achieve its goals by military means as long as a negotiated solution remains elusive.
Umerov, the secretary of Ukraine’s National Security and Defense Council, said late on Friday that the first day of talks had addressed parameters for ending the war and the “further logic of the negotiation process.”
Meanwhile, Ukraine came under renewed Russian bombardment.
Ukraine’s air force said Russia had launched 375 drones and 21 missiles in the overnight salvo, which once again targeted energy infrastructure, knocking out power and heat for large parts of Kyiv, the capital. At least one person was killed and over 30 injured.
Before Saturday’s bombardment, Kyiv had already endured two mass overnight attacks since the New Year that cut electricity and heating to hundreds of residential buildings. Ukraine’s deputy prime minister said on Saturday that 800,000 people in Kyiv – where temperatures were around -10 degrees Celsius – had been left without power after the latest Russian assault.
Zelensky said on Saturday Russia’s heavy overnight strikes showed that agreements on further air defense support made with Trump in Davos this week must be “fully implemented.”