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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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High schoolers’ ‘human swastika’ on football field shakes San Jose Jewish community
(JTA) — The photo spread swiftly after a student posted it on social media: Eight California high schoolers were lying on their school’s football field, their bodies arrayed in the shape of a swastika.
Alongside the picture was a quote from Adolf Hitler, threatening the “annihilation of the Jewish race.”
The incident at Branham High School in San Jose began on Dec. 3 and has roiled the local Jewish community in the days since, as the wrenching saga has ignited suspensions, recriminations and alarm from around the world.
The photograph and the response to it were first reported by J. Jewish News of Northern California.
“We don’t want to see hatred,” Cormac Nolan, a Jewish Branham senior, told the local Jewish newspaper. “We don’t want to see the idolization of one of the most evil men to ever walk the face of the Earth. We don’t want someone who spews out hatred like this on our campus.”
The school’s student newspaper reported that the students involved had been suspended, and that dozens of other students walked out to protest the incident.
The San Jose Police Department told J. that it is investigating the incident, and the school’s principal, Beth Silbergeld, who is Jewish, said the school was working with the Anti-Defamation League and the Bay Area Jewish Coalition, a local antisemitism advocacy group, “to ensure that we receive appropriate support and guidance as we work to repair the harm that’s been done to our community.”
Silbergeld told J. that she felt pressure to learn from the incident.
“I’ve been in education for a long time and have seen, sadly, lots of incidences of oppression and hate toward many groups,” she said. “I think that we always have a responsibility as schools to do what’s right and to take action and learn from the experiences of other other schools and other incidents as a way to hopefully eliminate actions like what we’ve experienced.”
The incident is not the first time Branham High School has faced controversy over antisemitism on its campus. In April, the California Department of Education ruled that the school had discriminated against its Jewish students by presenting “biased” content about the Israeli-Palestinian conflict in a 12th-grade ethnic literature curriculum.
It is also not the first instance of a “human swastika” roiling a school community. In 2019, nine middle schoolers in Ojai, California, also arranged themselves in a “human swastika” and faced disciplinary measures from the school.
Exactly what possessed the Branham students to do what they did is not clear. But psychologists told the J. that the teen years are a peak moment for transgressive behaviors that may or may not reflect deep-seated biases.
“It’s a developmental time where you’re doing new things, you’re trying new things, you’re making mistakes, you’re trying to fit in, you’re trying to get laughs and likes,” Ellie Pelc, director of clinical services at the Bay Area’s Jewish Family and Children’s Services, told the newspaper. “And you often do so in some hurtful or harmful ways that you don’t always have the capacity to think through in advance.”
The photo was met by condemnation by California State Sens. Scott Wiener, who wrote that antisemitism was “pervasive & growing” in a post on Facebook, and Dave Cortese, who said he was “deeply disturbed” by the incident in a statement.
“What happened at Branham High School was not a joke, not a prank, and not self-expression — it was an act of hatred,” wrote San Jose Mayor Matt Mahan in a post on X. “The fact that this was planned and posted publicly makes it even more disturbing.”
By Tuesday, the uproar had sparked a response from district leaders. In a post on Facebook, Robert Bravo, the superintendent for the Campbell Union High School District, wrote that the district “will respond firmly, thoughtfully, and within the full scope allowed by Board Policy and California law.” (Displaying a Nazi swastika on the property of a school is illegal in California.)
He added that the school district considered the incident an instance of “hate violence” based on California state education code, which allows for suspension or expulsion in such cases.
“Our response cannot be limited to discipline alone,” continued Bravo. “We are committed to using this incident as an opportunity to deepen education around antisemitism, hate symbols and the historical atrocities associated with them.”
The antisemitic post comes two months after California Gov. Gavin Newsom signed a bill creating a statewide office assigned to combatting antisemitism in California public schools. The office, which is the first of its kind in the country, was met with praise from local Jewish advocacy groups while some critics warned it could chill academic freedoms.
Marc Levine, the regional director of the Anti-Defamation League in the Central Pacific region, called the incident “repulsive and unacceptable” in a statement on X. The incident was also condemned by the Jewish Community Relations Council of the Bay Area, which wrote in a statement that it had been working with the school about “how to ensure an effective response.”
The Bay Area Jewish Coalition also issued a statement on Tuesday, writing that the antisemitic act had “shaken Jewish families across Northern California and beyond.”
“We hope that what happened at Branham serves as a wake-up call for California and for the rest of the country to take the antisemitism crisis seriously and reverse the trend through real, meaningful action and long-term change,” the statement continued.
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Nashville Jewish community center sues Goyim Defense League over alleged campaign of intimidation
(JTA) —
A Jewish community center in Nashville has filed a federal civil rights lawsuit against the neo-Nazi group Goyim Defense League and several of its leaders and affiliates, accusing them of orchestrating a campaign of antisemitic intimidation, harassment and trespass aimed at terrorizing the city’s Jewish community.
The lawsuit was filed Tuesday by the Southern Poverty Law Center on behalf of the Gordon Jewish Community Center, a 120-year-old nonprofit that serves as a major hub for Jewish life in Nashville. The complaint names the Goyim Defense League, its founder and leader Jon Minadeo II, extremist streamer Paul Miller, who is also known as GypsyCrusader, and several associates.
At the center of the case is a January 2025 incident in which Travis Garland, a Tennessee man affiliated with the Goyim Defense League, allegedly disguised himself as an Orthodox Jewish man and infiltrated the Jewish center’s secured campus. According to the lawsuit, Garland livestreamed the intrusion, mocked Jewish customs and the Holocaust, and refused repeated requests to leave before being forcibly escorted off the property by a security guard.
Garland was later arrested and pleaded guilty in state court to trespassing at the Jewish center, receiving a sentence of nearly a year in jail, according to Nashville television station WTVF.
The complaint alleges Garland acted as part of a coordinated effort, receiving guidance and encouragement from Miller and others who followed the incident in real time via video chat and later promoted it online as a “stunt.”
“Using fear and harassment to threaten and intimidate groups is a despicable act that cannot be tolerated in a multicultural society,” Scott McCoy, the Southern Poverty Law Center’s deputy legal director, said in a statement. “This is the second lawsuit the SPLC has brought against the Goyim Defense League for their actions targeting Nashville’s Black and Jewish communities.”
The lawsuit also ties the January incident to a broader campaign by the Goyim Defense League during a 10-day visit to Nashville in the summer of 2024, when members of the group allegedly harassed Jewish and Black residents, assaulted a Jewish man and a biracial man, and intimidated Black children downtown while waving swastika flags. The SPLC previously filed a separate lawsuit on behalf of a biracial man who was assaulted during that tour.
According to the lawsuit, the Jewish center has spent roughly $75,000 on additional security in the wake of the incidents and says staff and members have altered how they use the campus because of heightened fear.
The lawsuit comes as the Goyim Defense League has faced mounting pressure online and in court. Following a recent investigation by Nashville television station WTVF, websites operated by Minadeo were taken offline by their domain registrar, and several of his accounts were suspended from X. Other Goyim Defense League members have been convicted or indicted in connection with violent incidents during the group’s 2024 visit to Nashville, according to local reporting.
The suit invokes the Ku Klux Klan Act of 1871 and other federal civil rights statutes and seeks court protection as well as financial compensation and punitive damages.
“This lawsuit demonstrates the Nashville Jewish community’s resolve to stand firm in the face of antisemitic intimidation and to hold accountable those who perpetrate it,” said Ben Raybin, an attorney for the Jewish center.
For a time, the Goyim Defense League was among the most prolific distributors of antisemitic propaganda in the United States, with members spreading flyers in Jewish neighborhoods and other public spaces. While the group’s online reach appears to have diminished more recently, Nashville has remained a focal point of its activity.
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Rabbi Eliezer Diamond, beloved Jewish Theological Seminary professor and author, dies at 73
(JTA) — Rabbi Eliezer Diamond, who taught at the Jewish Theological Seminary for over three decades and left an indelible mark on generations of rabbis and Jewish scholars, has died.
Diamond died Thursday at 73, following several years battling multiple forms of cancer.
Born in 1952, Diamond received his bachelor’s and master’s degrees and rabbinical ordination from the Rabbi Isaac Elchanan Theological Seminary of Yeshiva University from 1968 to 1977.
But it was at JTS, the Conservative flagship in New York City, where Diamond earned his doctorate in Talmud and was the Rabbi Judah Nadich Professor of Talmud and Rabbinics, that his talents for mentorship and teaching flourished.
“My beloved teacher, a precious mentor and friend to countless Jewish leaders, Rabbi Eliezer Diamond z”l, has departed this world for the next,” wrote Rabbi Menachem Creditor, a scholar in residence and rabbi for the UJA-Federation of New York, in a post on Facebook. “His wisdom changed the course of my rabbinate many times over, something I know to be true for many others.”
Over his long career as a highly respected Talmud scholar, Diamond published a chapter on the rabbinic period in the “Schocken Guide to Jewish Books,” as well as entries in the “Reader’s Guide to Judaism” and “The Encyclopedia of the Bible and Its Reception.” In 2003, he published his only book, “Holy Men and Hunger Artists: Fasting and Asceticism in Rabbinic Culture,” with the Oxford University Press.
Diamond retired from JTS after the fall 2024 semester. In March during the previous semester, his legacy at the school was celebrated in a program titled “Diamonds of Torah: Honoring Rabbi Eliezer Diamond’s Teaching.”
“Generations of students have been profoundly impacted by his teaching, while his writings on prayer, asceticism, and issues of environmental law and ethics have influenced so many in the wider Jewish world as well,” wrote Shuly Rubin Schwartz, the chancellor of JTS, in a statement announcing his retirement.
On Facebook, where Diamond frequently posted photos of his wife, Rabbi Shelley Kniaz, five children and numerous grandchildren, he also documented his health struggles, providing deeply personal and rabbinic testimonies of his experience.
After hearing a grim prognosis in August 2024, Diamond posted, “I am not a statistic; I am a distinct human being, Eliezer Ben-Zion, son of Yehuda Idel and Chaya Golde. No one can know what the Shekhina’s plan is for me. What I do know is that She does not want me to live in the shadow of death but rather to bask in the radiance of life.”
As news of his death spread on Friday, many of Diamond’s former students and friends eulogized him on social media, many of them calling attention to Diamond’s legendary kindness.
Rabbi Ben Goldberg, a former student of Diamond and the rabbi of Congregation KTI in Port Chester, New York, wrote on Facebook that Diamond had “passed on to the supernal yeshiva, where I imagine he will be as beloved as he was in all of the places he taught in this world.” He recalled his time in Diamond’s classes at JTS where, he wrote, it was clear to all that Diamond “cared deeply about his students.”
“More than anything about Talmud, I’ll remember him writing lengthy (and unnecessary) notes of apology for saying something in class that might have been hurtful (which of course, it wasn’t),” Goldberg wrote.
Michael Rosenberg, another former student of Diamond who now serves on the faculty of the Hadar Institute, recalled meeting with Diamond in 2023 where the pair had a conversation that remained with him.
“That conversation was filled with pearl after pearl — about parenting, teaching, being in relationship,” wrote Rosenberg in a post on Facebook. “I am a better parent and teacher because of that conversation, and I am so sad that I will not get to follow up with my teacher and rabbi.”
Beyond his teaching at JTS, Diamond also previously taught at Stern College, the Reconstructionist Rabbinical College, the 92nd Street Y, several Ramah camps and the now-defunct Solomon Schechter High School.
Diamond was also a longtime resident of Teaneck, New Jersey, and congregant of Congregation Beth Sholom, where he regularly held a Torah study session on Shabbat afternoons.
“Rabbi Diamond’s wisdom (and hazzanus [singing]) were matched only by his wit,” wrote David Spielman, who was had Diamond as a high school teacher, in a post on Facebook. “A devout Brooklyn Dodgers fan, he once chastised someone for wearing a Yankees cap, saying it was inappropriate attire for Minyan. He would also say that Ebbets Field would be rebuilt ‘Bimharah b’yamainu.’ Rabbi Diamond will be remembered for that wit, wisdom, and perseverance now that his suffering is finally over.”
Beyond the numerous eulogies that have been written for him on social media, Diamond’s prolific reflections on life and faith endure.
“What draws me back to Hashem, if not to my life as a whole, is Psalm 23 גם כי אלך בגי צלמות לא אירא רע כי אתה עמדי. ‘Though I walk through the valley of the shadow of death I fear no evil for you are with me,’” wrote Diamond in his last post on Facebook. “Wherever I am, God is there too. I hope that I will return home soon.”
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