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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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Proposed laws aim to test the Supreme Court’s ban on public school-sponsored prayer

Public schools have been barred from sponsoring official prayer since the Supreme Court’s 1962 ruling in Engel v. Vitale, a landmark decision that cemented the principle of church-state separation in American law.

Now, lawmakers in several states are advancing measures that aim to bring prayer back into public schools — with potential to reverse decades of precedent as politicians push for Christian prayer to return as a commonplace part of the school day.

In Tennessee, a bill introduced last month would require public schools to set aside time for voluntary prayer and the reading of “the Bible or other religious text.” Students would opt in to the prayer period by getting their parents to sign a consent form, which also requires participating students to waive their right to sue.

Texas enacted a nearly identical law last year, empowering school boards to institute prayer and Bible-reading periods in schools across their districts by March 1 — a move more than 160 religious leaders urged school boards to reject in an open letter last month.

Texas Attorney General Ken Paxton encouraged students to use the time to recite the Lord’s Prayer “as taught by Jesus Christ.”

In Florida, a proposed amendment to the state constitution would allow students and teachers to lead prayer over a loudspeaker at school-sponsored events — even though the Supreme Court ruled student-led, student-initiated prayer at football games unconstitutional two decades ago.

Meanwhile, a federal bill introduced by Rep. David Rouzer (R-N.C.) last month would withhold federal funding from public schools that “restrict voluntary school prayer,” and new guidance from the Department of Education released last week allows teachers to pray with students.

Nik Nartowicz, lead policy counsel at Americans United for Separation of Church and State, said the Supreme Court’s church-state separation precedents like Engel v. Vitale aren’t in immediate jeopardy — but they are steadily being undermined.

“Teachers have a little bit more right to pray in public schools than they did last time. And then it just kind of slowly builds,” Nartowicz said. “The very principles of religious freedom in public school are very clearly under attack.”

A Jewish plaintiff

In 1951, the Board of Regents of New York proposed that public schools start the day with what it called a “non-denominational” prayer. Students were able to opt out with a parent’s signature.

“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen,” the prayer read.

Five families sued, arguing that the school-organized prayer violated their constitutional rights. They came from a range of religious backgrounds, including Judaism, atheism, Unitarianism and humanism.

Some of the parents who brought suit against public schoolroom prayer pose with their children, after the Supreme Court said the prayer was unconstitutional on June 26, 1962. The group was sparked by Lawrence Roth, right foreground. Photo by AP Photo

But the case quickly took on a Jewish character, as a Jewish parent named Steven Engel became the lead plaintiff, and a broad cross-section of Jewish organizations became involved with the case. The American Jewish Committee, the Anti-Defamation League of B’nai Brith and the Synagogue Council of America — which represented 70 Jewish organizations spanning Orthodox, Conservative and Reform — all filed briefs urging the court to strike down school-sponsored prayer.

According to Bruce Dierenfield, author of The Battle over School Prayer: How Engel v. Vitale Changed America, when the court released its decision the blowback was intense — and, at times, antisemitic.

The Supreme Court received the largest amount of hate mail in its history. Politicians called to amend the Constitution and impeach the justices, and 15 states refused to immediately discontinue prayer and Bible reading in their schools. An angry protester burned a cross in plaintiff Lawrence Roth’s family driveway.

“Some people say this case produced more of a backlash than almost any other case in American history,” Dierenfield said. “It seemed to be the death knell of ‘Christian America.’”

A changing landscape

In the decades after Engel, the Supreme Court repeatedly reinforced the ban on school-sponsored prayer, controversially ruling that even required moments of silence could be unconstitutional if intended to encourage prayer.

That line shifted in 2022. The court sided with Joe Kennedy, a high school football coach in Washington state who had been placed on leave for praying at midfield immediately after games, sometimes joined by players.

The school district’s actions “rested on a mistaken view that it had a duty to ferret out and suppress religious observances even as it allows comparable secular speech,” Justice Neil Gorsuch wrote in the majority opinion. “The Constitution neither mandates nor tolerates that kind of discrimination.”

The Kennedy ruling “was kind of a slap at the absolutism of Engel,” Dierenfield said. “It epitomizes somewhat of a new day.”

The decision also hinged in part on disputed interpretation of facts: The majority argued that Kennedy had engaged in “short, private, personal prayer,” while the dissent said he prayed with students in a setting where they could feel pressured to participate.

The case highlighted the often-blurry line between voluntary and coercive prayer, a tension made more complicated by peer pressure and the authority teachers and coaches hold over students.

According to Nartowicz, teachers and students are free to pray or read religious texts as long as they don’t disrupt or pressure others — but that boundary is crossed when teachers pray with students. Even though new policies make prayer and Bible-reading periods opt-in, he said, the practice can still feel coercive.

“If a teacher’s praying, because teachers have so much control over students, a student might say, Oh, I need to pray in order to make sure I’m in the good favor of so-and-so to get a good grade in their class,” he said.

Rabbi Michael Shulman of Congregation Ohabai Sholom in Nashville, Tennessee, who wrote an op-ed speaking out against his state’s school prayer bill, shares similar concerns.

He said children at his congregation are often the only Jewish students at their schools, and a school-sponsored period for prayer would only worsen their feelings of alienation.

“Anytime religion and government mix, there’s a danger of signaling that this is what the state is promoting — which beliefs are normal, which ones are not,” Shulman told the Forward. “So when public schools, that are state institutions, promote this, it really changes the meaning of what ‘voluntary’ is.”

‘Exactly the right time’

School prayer advocates are explicit about their goal: They want the Supreme Court, which currently has a 6-3 conservative majority, to take up their case.

It’s unclear if the court will choose to weigh in. In November, the Supreme Court declined to hear an appeal in a case where a lower court had upheld a ban on broadcasting a pregame prayer over the loudspeaker at a high school football game.

But proponents of school prayer aren’t giving up. The Tennessee bill states that “the idea of separation of church and state departs from the religious liberty guaranteed by the Constitution of the State of Tennessee” and lists 11 Supreme Court decisions, including Engel, as examples of rulings that it says conflict.

“I think this is exactly the right time to have this issue brought back into the public square, both because our Supreme Court has, I think, more properly aligned in most recent decisions and because I think we just need to have prayer back in our schools,” Rep. Gino Bulso, the bill’s sponsor, told The Tennessee Conservative.

Meanwhile, Paxton has pledged to defend in court any school district that implements a voluntary prayer period.

For those who remember how fiercely Engel divided the country, a new showdown at the Supreme Court feels almost inevitable.

“I sit on tenterhooks all the time about seeing that somebody’s going to bring a suit saying that they have the right to have organized prayer in public schools. I would not be the least bit surprised to see a case — see the Engel case come up again in the Supreme Court,” Jonathan Engel, Steven Engel’s son, said in a 2023 documentary. “So we may have to fight this battle again.”

The post Proposed laws aim to test the Supreme Court’s ban on public school-sponsored prayer appeared first on The Forward.

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Gunmen Kill Three People and Abduct Catholic Priest in Northern Nigeria

A police vehicle of Operation Fushin Kada (Anger of Crocodile) is parked on Yakowa Road, as schools across northern Nigeria reopen nearly two months after closing due to security concerns, following the mass abductions of school children, in Kaduna, Nigeria, January 12, 2026. Photo: REUTERS/Nuhu Gwamna/File Photo

Gunmen killed three people and abducted a Catholic priest and several others during an early morning attack on the clergyman’s residence in northern Nigeria’s Kaduna state, church and police sources said on Sunday.

Saturday’s assault in Kauru district highlights persistent insecurity in the region, and came days after security services rescued all 166 worshippers abducted in attacks by gunmen on two churches elsewhere in Kaduna.

Such attacks have drawn the attention of US President Donald Trump, who has accused Nigeria’s government of failing to protect Christians, a charge Abuja denies. US forces struck what they described as terrorist targets in northwestern Nigeria on December 25.

The Catholic Diocese of Kafanchan named the kidnapped clergyman as Nathaniel Asuwaye, parish priest of Holy Trinity Catholic Church in Karku, and said 10 other people were abducted.

Three residents were killed during the attack, which began at about 3:20 a.m. (0220 GMT), the diocese said in a statement.

A Kaduna police spokesperson confirmed the incident, but said five people had been abducted in total and that the three people killed were members of the security forces.

“Security agents exchanged gunfire with the bandits, killed some of them, and unfortunately two soldiers and a police officer lost their lives,” he said.

Rights group Amnesty International said in a statement on Sunday that Nigeria’s security crisis was “increasingly getting out of hand”. It accused the government of “gross incompetence” and failure to protect civilians as gunmen kill, abduct and terrorize rural communities across several northern states.

A presidency spokesperson could not immediately be reached for comment.

Pope Leo, during his weekly address to the faithful in St. Peter’s Square, expressed solidarity with the victims of recent attacks in Nigeria.

“I hope that the competent authorities will continue to act with determination to ensure the security and protection of every citizen’s life,” Leo said.

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Israeli FM Sa’ar Stresses Gaza Demilitarization, Criticizes Iranian Threats in Talks with Paraguay’s Foreign Minister

Israeli Foreign Minister Gideon Sa’ar speaks next to High Representative for Foreign Affairs and Security Policy and Vice-President of the European Commission Kaja Kallas, and EU commissioner for the Mediterranean Dubravka Suica as they hold a press conference on the day of an EU-Israel Association Council with European Union foreign ministers in Brussels, Belgium, Feb. 24, 2025. Photo: REUTERS/Yves Herman

i24 NewsForeign Minister Gideon Sa’ar made the remarks on Tuesday during a meeting at the Foreign Ministry in Jerusalem with Paraguay’s Foreign Minister Rubén Ramírez Lezcano. The meeting included a one-on-one session followed by an expanded meeting with both countries’ bilateral teams.

Sa’ar told the media, “We support the Trump plan for Gaza. Hamas must be disarmed, and Gaza must be demilitarized. This is at the heart of the plan, and we must not compromise on it. This is necessary for the security and stability of the region and also for a better future for the residents of Gaza themselves.”

He also commented on Iran, saying, “I praise President Peña’s decision in April of 2025 to designate Iran’s Revolutionary Guards as a terrorist organization. The European Union and Ukraine have also recently done so, and I commend that. The Iranian regime is murdering its own people. It is endangering stability in the Middle East and exporting terrorism to other continents, including Latin America. The attempt by the world’s most extremist regime to obtain the most dangerous weapon in the world, nuclear weapons, is a clear danger to regional and world peace.”

Sa’ar added that Iran’s long-range missile program threatens not only Israel but other countries in the Middle East and Europe. “The Iranian regime has already used missiles against other countries in the Middle East. European countries are also threatened by the range of these missiles,” he said.

Lezcano praised his country’s decision to open an embassy in Jerusalem. “Paraguay’s sovereign decision to open its embassy in Jerusalem was made in faith and responsibly. It reflects the coherent foreign policy that we consistently and clearly hold with regard to Israel,” he said. He added that Paraguay “unequivocally and unquestionably supports the right of the State of Israel to exist and to defend itself,” a position reinforced after the October 7, 2023, attacks.

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