Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

AIPAC is the top issue at final primary debate between Stevens and El-Sayed in Michigan

(JTA) — SOUTHFIELD – The two figures standing on the suburban Detroit debate stage vying for the right to battle for Michigan’s rights on Capitol Hill were U.S. Rep. Haley Stevens and former county health official Abdul El-Sayed.

But the dominant topic Monday night wasn’t either of them: it was AIPAC.

In Michigan’s closely watched Democratic Senate primary, the pro-Israel lobby group’s spending for Stevens has smashed its previous records — a fact that has come to loom over nearly every aspect of a swing-state race where rhetoric on Israel has torn the party apart ahead of the Aug. 4 primary.

During the final debate, Stevens repeatedly dodged questions from both El-Sayed and the debate moderator about the specifics of her relationship to AIPAC.

“I have been very clear, consistent and transparent, and I have continued to be,” Stevens said after being pressed a second time about AIPAC’s spending. She then pivoted to praising the large suburban Detroit Jewish community in her congressional district.

“I am deeply proud to represent one of the largest Jewish populations in a congressional district in the country,” she said. “This is a community that I grieve alongside, that I have mourned alongside, and have fought to bring the hostages home. And I’m still looking to get us to long-term peace.”

Asked again by the moderator, Roop Raj, the Detroit Fox 2 evening news anchor, whether AIPAC’s spending would result in her “doing their bidding,” Stevens retorted, “I don’t think there’s much difference between super PACs going in for Abdul and super PACs going in for me.”

El-Sayed, who has made AIPAC’s support of Stevens a cornerstone of his attacks on the campaign trail, continued the theme during the debate.

“They’ve set a record in this race to help elect my opponent because they know that she’ll be a reliable vote,” El-Sayed said. He alluded to her vote against a recent U.S. House amendment to strip U.S. military and other aid to Israel that more than 100 Democrats had supported.

El-Sayed said his opponent has voted “to send your tax dollars to a foreign government that is aiding, arming and abetting the very people who want to foreclose on the possibility of Palestinian self-determination.”

Criticizing some of AIPAC’s ads, including one linking Stevens to former President Barack Obama, who has not made an endorsement in the race, El-Sayed said, “That’s exactly what happens when you stand up and say, ‘Maybe Palestinians should have rights, too.’”

Sources of money were a central topic of the debate even beyond AIPAC. Stevens also came under fire for erroneously claiming she hasn’t accepted funding from a local power utility, while she went after El-Sayed for delaying the release of his tax returns and repeatedly called him a “millionaire.”

But the repeated invoking of the pro-Israel group was a symbol of how toxic the lobbyist’s brand has become to the Democratic electorate in certain races, a shift that has alarmed some Jewish leaders who see darker messaging behind the trend.

It was also a sign of how much of a liability AIPAC’s spending has become to Stevens’ campaign, which many of the state’s Jews view as existential for their communal safety.

Both El-Sayed and Raj repeatedly stated that AIPAC and its affiliates have spent as much as $46 million on Stevens’ behalf — a figure the Jewish Telegraphic Agency could not independently verify. Recent, week-old figures from independent political ad trackers have estimated the figure at closer to $30 million, which would still mark AIPAC’s largest-ever spending in a single campaign. An AIPAC representative did not immediately return a request for comment.

While insisting during the debate that he has “never touched a dime of corporate PAC money,” El-Sayed has received contributions from super PACs — in his case, groups that share a pro-Palestinian agenda.

Those include Fighting for Michigan PAC, which has spent around $2 million on the race, and which Stevens dinged during the debate for being partially funded by El-Sayed’s father-in-law. American Priorities PAC, another pro-Palestinian super PAC, has also spent for him, though its totals have been dwarfed by AIPAC’s spending for Stevens.

Asked by JTA about these super PACs in the spin room after the debate, El-Sayed said they were not “corporate money” and that he, as with all candidates for public office, is legally prohibited from coordinating with super PACs. He added, “Let’s just talk a little about scale here. How much are we being outspent? Twelve to one.”

Stevens offered a slightly more direct answer in the spin room when JTA asked her if she regretted how much the lobbying firm had spent on her behalf.

“I’m proud of my record,” she said, listing various Democratic leaders who have endorsed her.

“I have no regrets fighting for the people of Michigan,” she concluded, “and standing by my values as I do it.”

This article originally appeared on JTA.org.

The post AIPAC is the top issue at final primary debate between Stevens and El-Sayed in Michigan appeared first on The Forward.

Continue Reading

Uncategorized

Netanyahu to meet Trump with Iran, Gaza and Saudi Arabia on the line

(JTA) — Prime Minister Benjamin Netanyahu is set to meet with U.S. President Donald Trump Tuesday, as the American leader is weighing whether to expand his bombing campaign against Iran or to find a diplomatic resolution regarding the Straits of Hormouz and the Islamic Republic’s nuclear program.

Israel fears that Trump is going to negotiate a premature end to the war without eliminating Iran’s capacity to develop nuclear weapons in the future. Trump has persistently insisted that Iran can’t possess nuclear weapons, but the war and the economic upheaval it has spurred has contributed to Trump’s approval rating hitting record lows in his second term. The poor marks are ringing alarm bells for Republicans ahead of midterm elections that could return Democrats to leadership in at least one chamber of Congress.

Netanyahu and Trump are also at odds over other issues, however, including the recent U.S.-Saudi nuclear deal, the pending sale of F-35 advance fighter jets to Turkey and the extent of Israel’s troop presence in Gaza, Lebanon and Syria.

Netanyahu is coming to the United States to attend the funeral for Republican Sen. Lindsey Graham of South Carolina, who remained one of Israel’s most unyielding advocates even as its popularity plummeted and was one of the most important Trump associates in pressing for the Iran war. Former Israeli Prime Minister Yair Lapid, now the opposition leader, will also be at the service at Washington’s National Cathedral on Tuesday.

But while in Washington, Netanyahu will seek to close the widening gaps between himself and Trump over Middle East strategy. In a video statement he released before Monday‘s departure, Netanyahu said, “I am embarking on this mission with one clear goal – to ensure the security, strength and future of our dear State of Israel.”

“We will discuss all the issues on the agenda, first and foremost, Iran,” he said. “Naturally, our goal is to safeguard our security and also to expand the circle of peace around us.”

During the trip, Netanyahu said he would also pay his final respect to Graham, “one of the greatest friends the State of Israel has ever known.”

Israelis are acutely aware of the emerging differences between the allies. “It will not be an easy visit,” former IDF intelligence chief Amos Yadlin told Israel Radio on Monday morning. “There is no doubt that Netanyahu wants the United States to return to war.”

Trump himself spoke on Monday of the discord between himself and Netanyahu, even as he lauded Netanyahu, while speaking to reporters aboard Air Force One, stating that Netanahu had been “great” and that “we did very well together.”

On the plane Trump was quizzed about U.S. plans to sell advanced F-35 fighter jets to Turkey, which Netanyahu has publicly opposed. “Turkey has been a great ally for me,” Trump told reporters, stressing, “No one tells me what we should be selling or not.” He acknowledged that Turkey “is not a big fan” of Israel and Netanyahu.

When it comes to the Saudi civilian nuclear power program that the Trump administration recently completed, Israel has been more circumspect. But it has deep concerns about an agreement that allows for plants with the capacity to enrich uranium. Assisting in the building of those plants had been one of the key incentives former President Joe Biden had used as a means to sway Saudi Arabia to normalize ties with Israel and join the Abraham Accords between Israel and several other Muslim countries.

Trump has since said that U.S. support for a Saudi civilian nuclear program would be contingent on normalization with Israel and that the plants would not be allowed to enrich uranium. But on Monday, he told reporters aboard Air Force One that he hadn’t spoken with Saudi Arabia about the Abraham Accords. Tuesday’s meeting is the first face-to-face encounter between Trump and Netanyahu since the announcement.

The closer Netanyahu appears to Trump and the center of U.S. decision making, the better it is for him domestically ahead of Israel’s Oct. 27 election. Trump has in his second term met with Netanyahu more than any other leader. This will be their eighth such conversation, and the fifth time he has hosted the Israeli leader in the White House.

Tight ties with Netanyahu also plays well for Trump with his evangelical base ahead of the U.S. mid-terms in November, but they run the risk of further alienating the larger American public that opposes the conflict.

Netanyahu’s influence in America had diminished, in part because of how unpopular the war has become in the United States and the role he played spurring it on.

“This is not the same Netanyahu of 2025 or even of February 2026. He is greeted with suspicion,” Yadlin said of the reception he expects for the prime minister in the United States.

Netanyahu last visited Washington in February, where he successfully advocated for the joint Israeli-U.S. military aerial bombing campaign against Iran launched on the 28th of that month.

Tehran retaliated by closing the Strait of Hormuz, the waterway through which 20% of the world’s oil supply is shipped. That step caused crude oil prices to spike in the first quarter of 2026 from $61 a barrel to $118, according to the U.S. Energy Information Administration.

Iran allowed the strait to reopen in a limited way after an April ceasefire that was followed by a Memorandum of Understanding with the U.S. in June. The agreement fell apart in early July, with the parties resuming attacks – but without any Israeli military involvement. The United States bombed Iran for 13 consecutive nights, ending on Thursday, even as talks with the Islamic Republic  continued.

The United States and Israel in February were initially aligned around their joint goal of destroying Iran’s nuclear and ballistic missile program, with Netanyahu also focused on the collapse of the Islamic Republic.

Over the weekend, Trump stressed that the war was still about eliminating Iran’s nuclear program. Last week he spoke about specifically hitting the nuclear facility at Pickaxe mountain.

In an interview with NBC News’ “Meet the Press” on Sunday, U.S. Ambassador to the United Nations Mike Waltz said the United States was “keeping all options on the table,” but was giving space for talks.

He dismissed media reports that lack of military supplies was part of Trump’s motivation to pause its bombing campaign, stating that the United States had everything it needed militarily.

Waltz warned Iran not to ignore American military threats. Early Monday morning, Trump published a short AI video in which his likeness planted an American flag on an Iranian oil tanker, with a slogan that stated, “it’s our oil tanker now.”

Later in the day, the president told reporters on Air Force One that he was having “good talks” with the Iranians, “so we will see what happens. I think there is a good chance something could happen. If it does, good. If it doesn’t, we go back to doing what we were doing two days ago.”

Yadlin told Israel Radio that at the end of the day, “What interests President Trump is the reopening of the Strait of Hormuz.”

The war might have begun in February with a focus on the Iranian regime and its nuclear program, but it will end, Yadlin predicted, with the reopening of the strait and some kind of diplomatic achievement with regard to Iran’s nuclear weapons program.

Israel has watched the U.S.-Iran reengagement warily from the sidelines.

Sima Shine, an Iran expert at the Tel Aviv-based International Institute of Strategic Studies, said that until now, neither Washington nor Tehran had wanted Israel’s involvement in the resumed fighting, fearing that such a step would “widen the scope of the war.”

Maintaining its status as a bilateral conflict makes it easier to return to negotiations, she told the Jewish Telegraphic Agency.

The United States can better control the battlefield without Israel, which would have its own military agenda and objectives, Shine said. Israel can only enter the war if it is attacked by Iran or invited to do so by the United States, she added.

In an interview with Fox News on Sunday, Netanyahu warned of a forceful response should Iran attack Israel.

Iran has to end its nuclear program, he stressed, saying that the military strikes so far have set the program back but have not eliminated it.

A nuclear-armed Iran is a danger to Israel, the region, the United States and the world, he said, adding, “President Trump and I are both committed to prevent this danger.”

This article originally appeared on JTA.org.

The post Netanyahu to meet Trump with Iran, Gaza and Saudi Arabia on the line appeared first on The Forward.

Continue Reading

Uncategorized

In Detroit, pro-Israel Senate candidate Haley Stevens meets a pro-Palestinan El-Sayed supporter

(JTA) — DETROIT — Hours before a big debate showdown with her primary rival, U.S. Rep. Haley Stevens began a routine campaign stop Monday seemingly comfortably in her element.

The Michigan candidate for U.S. Senate walked into The Roost, a cafe and wine shop in the Woodbridge neighborhood, chatting up her record on small businesses with the owner, Jeff Tatum. She gamely made herself a cappuccino, exclaiming with glee that the store used Dial soap like her father’s business had.

She also made a play for party unity. Asked by the Jewish Telegraphic Agency about Jewish Democratic donors who have indicated they would fundraise for Republican candidate Mike Rogers if Stevens lost the primary, she responded, “I’m on the Democratic team. I’m on the Beat Mike Rogers team.”

But things went off-script for Stevens when she sat down with Jai Singletary, director of a local neighborhood improvement association — who revealed, midway through their conversation, that he had already cast his early voting primary ballot for her opponent, former county health director Abdul El-Sayed.

What’s more, Singletary made it clear to Stevens that the candidates’ respective stances on aid to Israel were the deciding factor for him.

“Genocide isn’t a Palestinian issue. We’ve all got to care about this,” Singletary told Stevens, a pro-Israel centrist who has received nearly $30 million in outside spending from the American Israel Public Affairs Committee to date in her primary — the organization’s largest-ever investment in a single race, according to CBS News. He believes, he said, that “our country is directly responsible for peace not being achieved.”

The director of Woodbridge Neighborhood Development and local soccer coach added, “We’ve got to have the money stay here. I don’t think we should be giving any more aid to the State of Israel while they’re committing the atrocities they’re committing in widespread collective punishment.”

The interaction spotlighted two of the biggest questions hanging over Michigan’s closely watched and hard-fought Democratic Senate primary: To what degree are the state’s voters factoring Israel into their decisions, and does the pro-Palestinian sentiment driving El-Sayed’s campaign cross racial lines — including in the Black communities where Stevens has long maintained strong relationships?

Many of the Jews in Michigan who form a major base of support for Stevens have made clear their distrust of El-Sayed, who has questioned whether Israel should exist as a Jewish state. Meanwhile, the state has a large Arab and Muslim voting bloc, and voters here helped propel a 2024 Democratic revolt over Israel’s war in Gaza that helped lead to the party’s current civil war. But the situation is less clear with voters from other groups.

El-Sayed and the insurgent progressive movement he represents have sought to make Israel central to the race and have tried to turn Stevens’ AIPAC support into her biggest liability. But the Stevens campaign has made the calculation that most of the state’s voters — including Detroit’s majority-Black population, with whom she has enjoyed good relations in the past — would rather talk about other things.

Not so, according to Singletary, who is Black. In his own Detroit community, he told JTA, Israel was an important issue.

“It’s connected,” he said, comparing the Israeli-Palestinian state of affairs to Apartheid-era South Africa, adding, “$3.3 billion to the state of Israel, and that’s money that could be helping out here. I think people are now seeing the links.” He told reporters that, though he does not have Palestinian family himself, his own vote was “100% exclusive” based on Israel.

After the campaign left, Singletary told JTA that he had no affiliation with the El-Sayed campaign and had stopped by on an invitation from the store’s owner. He said he would not vote for Rogers in the general election even if Stevens wins and came because he hoped to develop a connection with her in the event she became the nominee.

The issue of whether backers of either candidate across the yawning policy divide would continue to vote for a Democrat in the general if their preferred choice loses has become an emerging question. Last week, Democratic U.S. Rep. Hillary Scholten of Michigan, a Stevens backer, refused to commit to voting for El-Sayed if he wins the primary. Scholten cited the candidate’s campaigning with left-wing streamer Hasan Piker, who has repeatedly said he would “vote” for Hamas over Israel. Her objection, she said, was to his comment that “America deserved 9/11.”

“Abdul El-Sayed is taking us in a direction we don’t want to go as a party,” Scholten told CNN host Jake Tapper.

Stevens’ campaign is also touting her backing from a growing number of establishment Democrats, including, on Friday, Michigan Gov. Gretchen Whitmer. She and El-Sayed face off Monday evening in their final televised debate before the Aug. 4 primary.

Speaking to Singletary, Stevens smiled and nodded. She name-dropped a Palestinian supporter of hers, and mentioned legislation targeting China that she’s worked on with “my colleague Ro Khanna” — the staunchly pro-Palestinian Democratic congressman from California, who has endorsed El-Sayed. She added that she believes in a two-state solution and has been attacked “by name” by Israeli Prime Minister Benjamin Netanyahu.

She also turned to her staff and excitedly indicated to Singletary: “He voted for Abdul in the primary, and he came here to talk to me.”

This article originally appeared on JTA.org.

The post In Detroit, pro-Israel Senate candidate Haley Stevens meets a pro-Palestinan El-Sayed supporter appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News