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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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Students Form ‘Human Swastika’ at California High School, Post Image With Hitler Quote
Students forming “human swastika.” Photo: Screenshot.
Eight students at Branham High School in the city of San Jose came together last week to form what police described as a “human swastika” on the campus’ football field in another disturbing antisemitic incident at a California K-12 school.
The students captured the moment in a photograph and later posted it to social media, captioning it with a quote by Adolf Hitler.
Authorities in San Jose have launched a hate crime investigation into the incident, according to local media outlets.
School officials denounced the students’ actions.
“Our message to the community is clear: this was a disturbing and unacceptable act of antisemitism,” Branham High School principal Beth Silbergeld said in a statement. “Many in our community were rightly appalled by the image. Personally, I am horrified by this act. Professionally, I am confident that our school community can learn from this moment and emerge stronger and more united.”
According to the Bay Area Jewish Coalition (BAJC), which supports the local Jewish community,
“This incident did not occur in isolation,” BAJC spokesperson Tali Klima told The Algemeiner on Tuesday. “Over the past two years, we have seen a troubling pattern in which Jews are increasingly demonized and targeted. While the circumstances differ from those of Nazi Germany, the common thread is the deliberate spread of harmful narratives.”
Klima continued, “The fact that eight students felt emboldened to engage in this hateful behavior on campus (and then post publicly) reflects an educational environment that has allowed extremist political agendas which are blatantly antisemitic into our schools. The district and state must take decisive action to restore a climate of tolerance, respect, and inclusion for Jewish students and the broader community.”
California’s state government recently approved legislation for combating K-12 antisemitism which called for establishing a new Office for Civil Rights for monitoring antisemitism in public schools, appointing an Antisemitism Prevention Coordinator, setting parameters within which the Israeli-Palestinian conflict may be equitably discussed, and barring antisemitic materials from the classroom.
State lawmakers introduced the measure, also known as Assembly Bill (AB) 715, in the California legislature following a rise in antisemitic incidents, including vandalism and assault. The list of outrages includes a student group chanting “Kill the Jews” during an anti-Israel protest and partisan activists smuggling far-left, anti-Zionist content into classrooms without clearing the content with parents and other stakeholders.
Elsewhere in California, K-12 antisemitism has caused severe psychological trauma to Jewish students as young as eight years old and fostered a hostile learning environment, as previously reported by The Algemeiner.
In Berkeley United School District (BUSD), teachers have allegedly used their classrooms to promote antisemitic stereotypes about Israel, weaponizing disciplines such as art and history to convince unsuspecting minors that Israel is a “settler-colonial” apartheid state committing a genocide of Palestinians. While this took place, high level BUSD officials allegedly ignored complaints about discrimination and tacitly approved hateful conduct even as it spread throughout the student body.
At Berkeley High School (BUSD), for example, a history teacher forced students to explain why Israel is an apartheid state and screened an anti-Zionist documentary, according to a lawsuit filed last year by the Louis D. Brandeis Center for Human Rights Under Law and the Anti-Defamation League (ADL). The teacher allegedly squelched dissent, telling a Jewish student who raised concerns about the content of her lessons that only anti-Zionist narratives matter in her classroom and that any other which argues that Israel isn’t an apartheid state is “laughable.” Elsewhere in the school, an art teacher, whose name is redacted from the complaint for matters of privacy, displayed anti-Israel artworks in his classroom, one of which showed a fist punching through a Star of David.
In September 2023, some of America’s most prominent Jewish and civil rights groups sued the Santa Clara Unified School District (SCUSD) in California for concealing from the public its adoption of ethnic studies curricula containing antisemitic and anti-Zionist themes. Then in February, the school district paused implementation of the program to settle the lawsuit.
One month later, the Louis D. Brandeis Center for Human Rights Under Law, StandWithUs, and the ADL filed a civil rights complaint accusing the Etiwanda School District in San Bernardino County, California, of doing nothing after a 12-year-old Jewish girl was assaulted, having been beaten with stick, on school grounds and teased with jokes about Hitler.
Antisemitism in K-12 schools has increased every year of this decade, according to data compiled by the ADL. In 2023, antisemitic incidents in US public schools increased 135 percent, a figure which included a rise in vandalism and assault.
California is not alone in dealing with the issue. Pennsylvania has a significant K-12 antisemitism problem as well, a fact acknowledged recently by a surrogate of the administration of Gov. Josh Shapiro following Congress announcing an investigation into antisemitism in the School District of Philadelphia (SDP) and a disturbing anti-Israel statement at a high school in the Wissahickon School District.
“Governor Shapiro takes a back seat to no one on these issues, and as he has repeatedly spoken out about antisemitism, and this kind of hateful rhetoric is unacceptable and has no place in Pennsylvania — especially not in our classrooms,” Rosie Lapowsky, a spokesperson for Shapiro, said in a statement first shared with Fox News Digital. “This is a matter the governor has made clear the district needs to take very seriously.”
Follow Dion J. Pierre @DionJPierre.
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Jewish Groups Slam Basque Government for Honoring Anti-Israel UN Rapporteur Francesca Albanese
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
Jewish communities in Spain and France have condemned the Basque government’s decision to award UN Special Rapporteur Francesca Albanese a human rights honor, citing her long record of making antisemitic remarks, promoting anti-Jewish hatred, and seemingly legitimizing Hamas’s terrorist attacks on the Jewish state.
Last week, the government of the Basque Region in northern Spain announced that Albanese will receive the 2025 René Cassin Human Rights Award, named after French Jewish human rights and Zionist activist René Cassin – author of the Universal Declaration of Human Rights.
“Through her work at the United Nations, Francesca Albanese has played a key role in exposing human rights violations, challenging impunity, and advocating for the effective enforcement of international norms that protect people in conflict and occupied territories,” the announcement read.
Albanese’s work “is marked by legal rigor, independent judgment, and a strong ethical commitment that should guide all those working to uphold human rights on the international stage,” it continued.
In a joint statement on Monday, the Federation of Jewish Communities in Spain (FCJE) and the Representative Council of Jewish Institutions of France (CRIF) denounced the decision, arguing it undermines the principles that Cassin stood for.
“René Cassin, author of the Universal Declaration of Human Rights, Nobel Peace Prize laureate, and fervent defender of justice, held an unwavering commitment to peace, human dignity, and the right of the Jewish people to live in security,” the statement read.
“Awarding this prize to Ms. Albanese constitutes a distortion of Cassin’s legacy and a serious misunderstanding of the values of human rights,” it continued.
Communiqué conjoint – La Fédération des Communautés Juives d’Espagne @fcjecom et le Conseil Représentatif des Institutions Juives de France (Crif) expriment leur profond désaccord avec l’attribution, par le Gouvernement basque, du Prix René Cassin 2025 des droits de l’Homme à…
— CRIF (@Le_CRIF) December 5, 2025
Albanese is set to receive the award at a ceremony on Wednesday in Bilbao, a city in northern Spain.
The World Jewish Congress (WJC) also condemned the Spanish government’s decision, voicing support for the Jewish communities in Spain and France and calling the move “deeply troubling.”
“Albanese has repeatedly advanced narratives that minimize or excuse violence against Jews and has a documented record of antisemitic rhetoric,” WJC posted on X.
The Basque Government’s decision to award the 2025 René Cassin Human Rights Prize to Francesca Albanese is deeply troubling. Albanese has repeatedly advanced narratives that minimize or excuse violence against Jews and has a documented record of antisemitic rhetoric.
We support… https://t.co/ZT5QfOgzpa
— World Jewish Congress (@WorldJewishCong) December 5, 2025
Despite objections from several governments including France, the United Kingdom, Germany, Canada, and the Netherlands, as well as numerous NGOs, Albanese was reappointed earlier this year for a three-year term amid concerns about her controversial remarks and alleged pro-Hamas stance.
Since taking on the role of UN special rapporteur on human rights in the Palestinian territories in 2022, Albanese has been at the center of controversy due to what critics, including US and European lawmakers, have described as antisemitic and anti-Israel public remarks.
In the months following Hamas’s Oct. 7, 2023, massacre across southern Israeli communities, Albanese accused Israel of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people have been killed in Gaza as a result of Israeli actions.
She has also previously made comments about a “Jewish lobby” controlling America and Europe, compared Israel to Nazi Germany, and stated that Hamas’s violence against Israelis — including rape, murder, and kidnapping — needs to be “put in context.”
Last year, the UN launched a probe into Albanese for allegedly accepting a trip to Australia funded by pro-Hamas organizations.
In the past, she has also celebrated the anti-Israel protesters rampaging across US college campuses, saying they represent a “revolution” and give her “hope.”
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Helen Nash, kosher cookbook author and NYC philanthropist, dies at 89
(JTA) — Helen Nash, a New-York based kosher cookbook author and philanthropist who pioneered modern kosher cooking starting in the 1980s, died on Dec. 8 at the age of 89.
Her first cookbook “Kosher Cuisine,” was published in 1984 by Random House, and adapted a variety of international recipes for kosher cooks. Its publication, Nash told the Detroit Jewish News at the time, sought to prove that kosher cooking “could be as varied, elegant and exciting as one wished to make it.”
She went on to demonstrate that in two more cookbooks, demonstrating what one reviewer called “her ability to expand the kosher palate.”
“Keeping kosher is more, to me, than just a sensible way to live and to eat healthfully. The ancient Jewish dietary laws help to organize my life around family, Friday nights, and holidays,” wrote Nash in her 2012 book, “Helen Nash’s New Kosher Cuisine: Healthy, Simple, and Stylish.”
Nash was born Helen Englander in Krakow, Poland, on Dec. 24, 1935 where her family owned a textile business. With her parents and sister, Nash survived World War II with her family after they were deported to Siberia.
“There was no cooking in my childhood,” Nash told the Jewish Book Council in 2012. “When I was four and a half, my family was transported out of Krakow, and we spent the war in labor camps in Siberia. Food was nonexistent — no fruit, no vegetables. It was a ration diet of subsistence level.”
Following the war, Nash’s family reunited with her maternal grandparents in Williamsburg, Brooklyn, before settling in Crown Heights.
In 1957, she met and married her husband, Jack Nash, who was also a refugee from Berlin. Having grown up in an Orthodox family, Nash insisted that she keep a kosher kitchen.
“It was my interest,” Nash told New York Jewish Week in 2015. “Most women didn’t have careers outside the home, and I sort of carved a niche for myself, and the niche was entertaining in a certain style. Jack was very encouraging. And I met so many people I wouldn’t have met if I’d stayed in the religious mode.”
While her husband, who died in 2008, went on to serve as the chairman of the Oppenheimer & Company mutual fund business and founded the revival of The New York Sun, Nash charted her own path in the kitchen.
Following the birth of her children, Joshua and Pamela, Nash took classes with famed chefs including Michael Field and Millie Chan and worked on how to adapt their cuisines to a kosher palate.
Her second cookbook, “Helen Nash’s Kosher Kitchen,” published in 1988, also sought to break boundaries in kosher recipes. “’Kosher food is more than chopped liver and gefilte fish,” said Nash at the time.
“Helen Nash’s New Kosher Cuisine,” published following the death of her husband, also took kosher cooking to new heights, incorporating new global ingredients that had been made kosher since the publication of her earlier books.
Nash also chaired the Nash Family Foundation, which supported numerous Jewish organizations in New York City. She and her husband were also contributors to UJA-Federation of New York, Mount Sinai Medical Center, the Israel Museum, Shaare Zedek Medical Center and Yeshiva University.
Rabbi Menachem Creditor, a scholar in residence and rabbi for the UJA-Federation of New York, dedicated his Torah study on Youtube Wednesday to Nash.
“Helen Nash was many things, including a renowned author of recipe books and chef, she was a matriarch in her family,” said Creditor. “Her family foundation has changed the Jewish world for the better in countless ways, and I was blessed, privileged since the first moment I began at UJA almost eight years ago to learn Torah with Helen every single Wednesday for these last eight years.”
Nash is survived by her children and grandchildren. A funeral service for her was held on Dec. 9 at Congregation Kehilath Jeshurun, an Orthodox synagogue on the Upper East Side of Manhattan.
The post Helen Nash, kosher cookbook author and NYC philanthropist, dies at 89 appeared first on The Forward.