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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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In the depths of Tel Aviv’s bus station, a fragile refuge for those with nowhere else to go during war
(JTA) — TEL AVIV — Two floors underground, past dumpsters and oil-laden puddles, through a reinforced Cold War-era door, a bomb shelter is buried underneath Tel Aviv’s Central Bus Station.
Built in 1993 to accommodate more than 16,000 Israelis, the shelter found a new life during the Israel-Iran war as a public refuge for residents of Neve Shaanan, among Tel Aviv’s most diverse neighborhoods and one of its poorest, home mainly to asylum seekers and foreign workers.
With few other options for public shelters in south Tel Aviv, residents pitched tents in the squalor of a space that had fallen into disrepair — with pipes dripping and rats scurrying — for more than 38 days as Israel and Iran exchanged missile fire until a ceasefire that began on April 8 halted the fighting.
“It’s very difficult. Not just because of the war, but because of the conditions we’re living in,” Gloria Arca, who took refuge inside the shelter with her son, Noam, said in Spanish during an interview in April. “We’re protected from the missiles, but inside we’re not safe.”
For many Israelis, the bus station occupies a space that balances between nostalgia and revulsion. Until 2018, the station was a main node for travel into and out of Tel Aviv. Since then, ridership has dropped, and now the hulking structure is seen as little more than an eyesore. During Israel’s 12-day war with Iran last year, a short video by Israeli comedians went viral for sharing the station’s GPS coordinates in a video that jokingly urged Iran, “Please don’t bomb this bus station.”
Yet the station also offers a concrete window into Israel’s widening reliance on foreign workers, which has surged in the wake of the Oct. 7, 2023, Hamas attacks.
When there is no war on, the shelter functions as a community center, complete with a Filipino church, a refugee health clinic, and retailers catering to customers in more than a dozen languages.
During wartime, the station takes on a new and vitally important role as a shelter for those who have none in their homes or neighborhoods, no family in the country whose homes they can flee to and little ability to pay for temporary accommodations somewhere safer.
Arca, who came to Israel more than two decades ago from Colombia and is in the country legally, knew that it would take her and Noam more than 10 minutes to get to a shelter from their home — longer than Israel’s advanced missile warning system allows. So they decided to move into the bus station, pitching a tent alongside some of their neighbors.
Depending on the day, more than 200 residents spent their nights in the shelter during the war, according to Sigal Rozen, public policy coordinator at the Hotline for Refugees and Migrants.
“It’s not easy, especially with young children and families with special needs,” she said. “You can’t get up in the middle of the night and just run.”
The Hotline, with funding from the Tel Aviv Municipality, worked to improve conditions in the shelter, but the starting point was dire. During a visit in April, rats could be seen scurrying across newly installed artificial turf meant to brighten the space, and mosquitoes landed on visitors’ ankles before being chased off.
More than anything, Arca worries about safety in the shelter — but not from the war. “We’re protected from the missiles, but inside, we’re not safe,” she said. “Security is there, but they don’t do their job. Drug users come in and use the bathrooms. There are many children here, and we’re afraid.”
The challenging conditions were nothing new to many of the people who moved in, who represent an often unseen but growing sector of workers in Israel.
The category of “foreign worker,” a term used in Israel to describe non-citizen laborers, most of them from countries such as the Philippines, India, and Thailand, who enter the country on temporary work visas tied to a specific employer, has long been a fraught designation.
Dominant in some industries, such as home health care, where there are so many foreign workers that the role is known as “filipina” in Hebrew, foreign workers have taken on greater shares of other sectors in recent years, particularly after Israel banned Palestinian workers from Gaza and the West Bank after the Hamas-led Oct. 7 attack. With Israelis increasingly reluctant to take low-paying manual labor jobs, the Israeli government has moved to fill the gap by permitting employers to hire more foreign workers.
Israel’s foreign worker population rose by 41% in 2024 alone to more than 156,000. By 2025, the total had reached 227,044. It is expected to grow even more in the coming years, as the government has set a ceiling of 300,000 workers.
For many Israelis, footage that circulated after the ceasefire showing long lines of foreign workers arriving at newly reopened government offices to renew their visas offered a stark illustration of the growing sector.
It is not uncommon around the world for people from impoverished countries to migrate to countries with more work and higher pay. For the workers, occupying a tenuous legal status can be worth it to be able to support their families, send their children to stronger schools and earn wages on a different scale than in their home countries.
Evelyn, a Filipina caregiver sheltering with her three children beneath the Central Bus Station, declined to give her last name out of fear of deportation. “In Israel, I can earn 10 times what I do in the Philippines. So I have money to send back to my family — not just taking care of my kids here, but my parents in Manila.”
But advocates for the workers say foreign worker status, and Israel’s increasing reliance on foreign workers, creates conditions that are ripe for abuse. Ohad Amar, executive director of Kav LaOved, a nonprofit that works to uphold equal labor rights for all workers in Israel, said the workers are “enduring conditions akin to modern slavery.”
Many foreign worker visas in Israel are tied to a specific employer and are non-transferable. Kav LaOved has documented numerous cases of delayed or unpaid wages, as well as workers who feel pressured to remain silent about abuse from their employers lest they lose their immigration status.
“Israel had not relied on migrant workers in the same way before. This is the first time at this scale,” Amar said. “Every day we are getting reports of workers’ rights violations, and we are completely overwhelmed.”
During wartime, foreign workers are frequently exposed to Israel’s unique dangers in extreme ways. On Oct. 7, as sirens blared, foreign workers were slaughtered in the fields of kibbutzes near Gaza. During the most recent war, videos circulated online of construction workers from China who filmed themselves stranded high in the air during missile barrages, afraid and without protection.
The first death in the latest round of fighting with Iran was Mary Anne Velasquez de Vera, a foreign worker in Israel from the Philippines. At the end of March, two other foreign workers were killed by a Hezbollah rocket while working in a field in northern Israel after they were unable to reach shelter.
Feeling physically vulnerable is an experience many foreign workers in Israel know well. Evelyn, a migrant from the Philippines who slept in the bus station with her children during the war, described how, in an industry as intimate as caregiving, working with elderly people who struggle to make it to a shelter, workers can feel pressured to stay in the building during an attack.
“They can’t exactly tell their employer they left grandma in the building during a missile attack, because they’ll get fired and lose their visa,” Amar said.
Some of the risks are much less visible. Evelyn was out of work as a housekeeper for the duration of the war, when her employer, an elderly woman, left the country. She lived on donations from community members and civil society organizations.
“Here is still better than back home,” she said. “But we are all struggling, and not just because of the shelter. If I can’t start working soon, I really don’t know what I will do.”
Workers like Evelyn who lack work visas must rely on informal employment, making them ineligible for compensation from Bituach Leumi, Israel’s national workers’ insurance, when they go unpaid. But having a visa did not solve the challenges of war, Rozen said.
The threat of losing their visa if they lose their employment hangs over the heads of the workers, forcing them into difficult decisions, like whether to leave their children with volunteers at the shelter or alone at home.
“Even those who still have work face a problem. If a single mother has children and there’s no school, where does she leave them? She can’t bring them along when there’s an alarm,” Rozen said. “So even when work exists, many can’t do it.”
She said the war had offered a glimpse into the as-yet-unaddressed challenges that come along with Israel’s increasing reliance on importing labor from abroad. The country’s labor market didn’t come to a standstill, as was the case in other countries in the region such as the United Arab Emirates where the vast majority of workers are migrants who tried to leave, but for Rozen, something new and troubling was laid bare.
“If you don’t want foreigners here, then don’t recruit them,” Rozen said. “But you can’t recruit them, triple their numbers, and then expect them to disappear when there’s a war.”
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Nearly half of young Americans view US relationship with Israel as a burden, survey finds
(JTA) — Nearly half of young Americans, 46%, believe that the United States’ relationship with Israel is mostly a burden to the United States, according to a new survey from the Institute of Politics at the Harvard Kennedy School.
The Harvard Youth Poll, which polled 2,018 Americans aged 18 to 29, found that just 16% of those surveyed described the U.S. relationship with Israel as mostly a benefit.
Respondents were asked about their view of other U.S. alliances, including Canada, which 53% saw as beneficial, and Ukraine, which 21% saw as beneficial. Israel received the lowest perceived benefit of any country tested.
The survey also found that 55% of young Americans believe the U.S. military action in Iran is not in the best interest of the American people.
It comes as attitudes about Israel among young Americans in recent years have grown sharply negative. Earlier this month, a Pew Research Center survey found that 70% of Americans aged 18 to 49 held a somewhat or very negative opinion of Israel. That view was split among partisan lines, with 84% of Democrats in that demographic holding a negative view of Israel, compared to 57% of Republicans.
The Harvard survey was conducted by Ipsos Public Affairs between March 26 and April 3 and had a margin of error of 2.74 percentage points.
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Long Island father and teen son arrested after investigation into swastika drawn in school bathroom
(JTA) — A father and his teenage son were arrested Wednesday after an investigation into swastika graffiti at the teen’s school led police to search their home, where authorities said they found chemicals used to make explosives.
The arrests stemmed from an investigation into swastika graffiti found in a boys’ bathroom at Syosset High School on Long Island. After police determined that a 15-year-old student had drawn the swastika, the Nassau County Police Department sent officers to his home.
There, the teen told the officers about the explosive materials, according to prosecutors. He said his father had purchased the chemicals for him to build rockets.
During the subsequent search of the home, police found “highly unstable” materials that had been combined to make explosives, including nitroglycerin, multiple acids, oxidizers and fuels. They began to evacuate people in adjacent homes, fearing an explosion.
The teen was not identified by police due to his age. Francisco Sanles, 48, who was arrested at the scene, has pleaded not guilty to seven criminal counts, including criminal possession of a weapon and endangering the welfare of a child. His son was charged with five counts, including criminal possession of a weapon, criminal mischief, aggravated harassment and making graffiti.
Swastika graffiti is relatively commonplace in schools, with the Anti-Defamation League reporting over 400 incidents in 2024: Syosset High School itself was hit by a spate of antisemitic graffiti, including swastikas, in 2017. But it is relatively rare that incidents result in arrests.
In an email to the school district Wednesday night, the Syosset School District — which enrolls a large number of Jewish students — said its investigation had identified the student for the police, and he would face “serious consequences pursuant to the District’s Code of Conduct.”
“Antisemitism and hate speech have no place in our communities or in our schools,” the district said. “Syosset has long been proud of being a welcoming, empathetic, and inclusive community and those values remain firm. We protect those values and this community by confronting and holding accountable those who traffic in any form of hate.”
In January, New York City Police arrested and charged two 15-year-old boys suspected of spraying dozens of swastikas on a playground in a heavily Jewish Brooklyn neighborhood with aggravated harassment and criminal mischief as a hate crime.
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