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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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Philadelphia Jewish leaders encouraged by counter-response to ‘boycott bike ride’
(JTA) — When the Jewish Federation of Greater Philadelphia first got wind of a planned “boycott bike ride” of six Jewish- and Israeli-owned restaurants scheduled for Sunday, Nov. 8, its CEO wondered if the result would be “a small pebble” or “a big boulder.”
The protest ultimately drew some 300 bikers. But thanks to communal organizing among dozens of Jewish, pro-Israel and interfaith groups, it was met with an estimated 200 counter-protesters — plus hundreds more who turned up, waiting in hours-long lines, to patronize the affected businesses.
“I honestly had a hard time hearing what the boycotters were saying,” Michael Balaban, the federation head, told the Jewish Telegraphic Agency the day after the protests. They were drowned out, he said, by counter-demonstrators singing Israeli songs.
The restaurants hardly felt any effects from a boycott, Balaban said — all of them sold out of their inventory. At one shop, the mac-and-cheese kiosk Mac Mart, a visitor offered to buy the open box of baking soda its proprietor kept to eliminate pantry odors.
“What was supposed to be a boycott of Jewish businesses turned into a food festival of Jewish businesses,” Balaban said. “I had several people say, ‘I feel safe walking as a Jew today’.”
A left-wing group called Philly Bike On Your Left had organized the event. Its flyer proclaimed, “No business for Zionists!” with the names of six local Jewish-owned restaurants listed with red “No” signs drawn through them. The planned date fell just before the 88th anniversary of Kristallnacht, the “Night of Broken Glass” targeting Jewish businesses and homes in Nazi-occupied Europe, which protest organizers have said was unintentional.
Some of the targeted business owners, including acclaimed Israeli restaurateur Michael Solomonov, had donated to causes including United Hatzalah, the Israeli first responder organization. Others had simply posted online that they were Zionists. Allan Domb, the owner of Schlesinger’s Deli, told the local CBS affiliate that he believed his business was on the list because he had donated to the local federation after the Oct. 7, 2023, Hamas attacks in Israel.
In its rhetoric and conflation of Jewish- and Israeli-owned businesses with the state of Israel, the bike boycott seemed like a perfect storm of the biggest Jewish concerns with pro-Palestinian protests. Yet the sheer audacity of the boycott, which Balaban compared to “the proverbial person poking you in the back over and over again,” spurred a broad show of force from Jews and their allies to fight back.
“A real line was crossed here,” he said. “You want to boycott something going on in Israel, we’re not that far from DC or New York. Go to an embassy, go to a consulate. But to think that someone selling tahini milkshakes or macaroni and cheese has a red phone to the prime minister, that’s just silliness.”
Local authorities speaking to the Philadelphia Inquirer said that three people were arrested and two police officers suffered minor injuries.
Local elected officials also spoke out strongly against the ride, including Philadelphia District Attorney Larry Krasner, a favorite of the progressive movement.
“There is widespread perception that this action is antisemitic,” Krasner, whose father was Jewish, said in a video he filmed from his car prior to the event. “That perception is real.” He cited the timing, the targets and the rhetoric around the event as his reasons for making the determination.
Krasner and Lori Shapiro, Pennsylvania’s first lady and wife of Jewish Democratic Gov. Josh Shapiro, joined state lawmakers who attended a “solidarity lunch” with some of the targeted businesses days prior to the boycott. The Philadelphia Jewish Community Relations Council had organized the event.
On social media following the protests, Gov. Shapiro called the boycott “blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht,” and said local support of the businesses “prove once again that hate has no place in our Commonwealth.” Pennsylvania Sens. John Fetterman, a pro-Israel Democrat, and Dave McCormick, a Republican, had also condemned the ride.
Among the groups that did support the ride were Faculty for Justice in Palestine chapters at Temple University and the University of Pennsylvania; the local Students for Justice in Palestine chapter; a pro-Palestinian group of Temple law students; and Writers Against the War on Gaza, a literary activist group that previously helped upend leadership at the free-speech organization PEN America over Israel-related statements and actions.
The local Democratic Socialists of America chapter, which had initially promoted the event, said in a statement on Sunday that it “did not and does not endorse the bike ride on Sunday, 11/8.” But the Philly DSA’s lengthy statement went on to accuse the event’s critics of “political repression of anti-Zionism” orchestrated by “organized Zionist lobbying groups.”
Ahmed Moor, a Palestinian writer who on Monday announced his intent to challenge Fetterman for the Democratic nomination in 2028, wrote on X on Saturday that he had spoken to Jewish women on both sides of the protest. Without taking a side, Moor concluded, “Sometimes being a leader means turning the temperature down.”
Though some of the bikers who spoke to media identified themselves as Jewish, local Jewish pro-Palestinian groups were absent from the bike ride’s list of co-sponsors. Neither the Philadelphia chapters of Jewish Voice for Peace nor IfNotNow commented on the ride on their official social media pages, and representatives from both groups did not return JTA requests for comment.
The Nexus Project, an antisemitism watchdog that has criticized what it says is Jewish communal overreach in describing some criticism of Israel as antisemitic, also criticized the ride and its organizers.
“When ‘Zionist’ can cover almost any Jew who has ever expressed even a modicum of sympathy or support for Israel, Jewish business owners are facing a test no one else does: disavow Israel or lose your livelihood,” a statement from the group reads, adding that the organizing groups’ rhetoric “has also crossed the line.”
The Prayers for Peace Alliance, an interfaith pro-Palestinian group in Philadelphia that includes Jews, criticized the boycott in its own statement on Saturday.
“To be effective, boycotts must be targeted toward companies with the greatest complicity in injustice,” the group said. The planned ride, they added, “does not align with the priorities of the anti-genocide and anti-occupation movement.” They added, “The decision to target only Jewish-owned businesses threatens to undermine trust within this broad, intersectional movement, which includes many American Jews.”
Early on, Balaban said, the federation briefly wondered if they should avoid giving the protests much oxygen. They changed their minds after last week’s midterm elections, which Democrats dominated and which, in his mind, elevated candidates who “use ‘Zionist’ as a code word.” He did not specify any.
“Seeing individuals who use anti-Israel and anti-Jewish as part of their platform come into the fold, it was time for us to let loose and push back,” he said.
Philly Bike On Your Left is also planning a follow-up bike protest for this coming Sunday, named “Great Ride of Return,” a nod to the Palestinian right of return. The group had promoted the follow-up ride on social media before the first one took place.
Balaban knows more is coming; he says they’ll be ready. “We know that they’ll be out again, and we’ll be out again.”
This article originally appeared on JTA.org.
The post Philadelphia Jewish leaders encouraged by counter-response to ‘boycott bike ride’ appeared first on The Forward.
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Palestinian-American to challenge John Fetterman for Senate seat in 2028
(JTA) — Ahmed Moor, a Palestinian-American writer who has worked with anti-Zionists, is the first Democrat to challenge Pennsylvania Sen. John Fetterman in the 2028 primary.
Fetterman, who has faced sharp criticism from within the Democratic Party for his staunch support for Israel’s military campaign in Gaza, has yet to announce whether he plans to run in 2028. A defeat or retirement would remove one of the Democratic caucus’s most pro-Israel voices.
Moor, 42, enters the playing field with radically different positions on Israel, and on foreign policy in general, from those Fetterman has promoted. Claiming that the United States “funds wars based on corruption and lies and has turned its back on its own people,” Moor pledged on his campaign website to ensure “this never happens again.”
Moor, born in Gaza, moved as a child to Philadelphia, where he earned his undergraduate degree from the University of Pennsylvania. He completed a master’s degree in public policy from Harvard. He switched from finance to journalism, reporting in Beirut and Egypt for The Guardian and other outlets, and co-editing the book “After Zionism: One State for Israel and Palestine.” He also spent many years in Jordan, where he launched a peer-to-peer lending organization, before moving back to Philadelphia in 2021.
“A few years ago my birthplace was turned to rubble in a genocide funded by our tax dollars,” Moor stated, saying that this has occurred “with the support of politicians on both sides of the aisle who can’t find money for transit or removing asbestos from our schools.”
Moor, who has served on the Philadelphia Democratic City Committee, has never held public office. He says he is determined to address corruption, affordability, foreign policy and constitutional authority, according to The Philadelphia Inquirer, which first reported his candidacy.
Moor told the Inquirer that he was “not really running against Fetterman” but instead “running for the rule of law.” He acknowledged that he would face an “uphill battle” against Fetterman, who took office in January 2023.
Fetterman has irked some fellow Democrats by siding with Republicans on numerous issues, especially on Israel. He has also drawn praise from the pro-Israel community and Israel’s leadership. With Democrats securing a Senate majority of at least 54 seats, including two independents who caucus with the party, Democratic leadership will be less dependent on Fetterman’s vote when the new Congress convenes in January.
This article originally appeared on JTA.org.
The post Palestinian-American to challenge John Fetterman for Senate seat in 2028 appeared first on The Forward.
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Northwestern launches civil rights investigation into club that banned pro-Israel group from its food festival
Northwestern University’s Office of Civil Rights is investigating a club that said it canceled its annual “Cultural Food Fest” after students objected to its initial inclusion of a pro-Israel student group.
Spoon University Northwestern, a student-run food magazine, wrote in an email to students that it was calling off its Nov. 6 food festival because of concerns about the participation of Wildcats for Israel, a club housed within Hillel that describes itself as focused on Israeli culture and society.
“There’s been a lot of disappointment expressed in and around Hillel today,” Michael Simon, executive director of Northwestern Hillel, told the Forward on Friday. “What should be an opportunity for connecting across differences and having really positive engagement got turned into a sort of political catfight.”
Students involved with Wildcats for Israel were initially “really excited” to participate in the fest, Simon said.
But amid student backlash, Spoon reversed course and disinvited Wildcats for Israel, Simon said. In a statement posted to Instagram, Spoon cited “the ongoing genocide in Gaza” to explain the group’s removal.
Yet even that exclusion was not enough for some student organizations. Northwestern’s Asian Pacific American Coalition; Alianza, the Latinx student alliance; and the Middle Eastern North African Student Association, issued a joint statement saying that they were withdrawing from the fest because of the original inclusion of Wildcats for Israel.
“A ‘culture’ born from the active land theft and genocide of Palestinians should not be recognized,” the student groups wrote on Instagram.
Spoon then cancelled the event altogether.
Now, Spoon’s status as an officially registered student organization has been frozen while the investigation into allegations of discrimination is being conducted, a Northwestern spokesperson wrote in an email to the Forward.
The investigation comes as Northwestern faces additional obligations to address and report allegations of antisemitism as part of its $75 million settlement with the Trump administration in November 2025. As part of the agreement, the university pledged that its Office of Civil Rights would publish annual reports with data about complaints of antisemitism, including investigative and disciplinary actions taken.
Spoon did not respond to the Forward’s request for comment.
In its email to students, Spoon said Wildcats for Israel was removed because of its status as “a political action group, not a cultural organization.”
Simon pushed back on that characterization of the club. “They’re not engaged in political advocacy or political work, certainly not in their current iteration,” Simon said. “They’re really focused on doing cultural and educational programming, connecting with Israel and with the Israeli people.”
The idea that Wildcats for Israel is considered political, while other student organizations opposing Israel are not, “appears to be a real double standard,” Simon said.
Still, Simon said the cancellation did not prevent Wildcats for Israel from having its own cultural food event — inviting students to the Hillel building on Friday to talk about what had happened over slushies in two flavors popular in Israel, limonana and iced cafe.
“They’re really turning to a place of being in community and supporting one another,” Simon said.
The post Northwestern launches civil rights investigation into club that banned pro-Israel group from its food festival appeared first on The Forward.
