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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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Mamdani isn’t the real resistance against Netanyahu — Israelis are
If you, like so many American Jews this week, are focused on New York Mayor Zohran Mamdani’s video message urging protests against Israeli Prime Minister Benjamin Netanyahu when he visits the city in September, you’re missing the real story.
Pay attention, instead, to what is happening thousands of miles away — not in Manhattan, but in Israel, where the latest polls show Netanyahu and his ruling coalition trailing badly.
In New York, it’s the same old story: Israel guilty, Palestinians blameless, nothing in between. In Tel Aviv and Jerisalem, in Nazareth and Eilat, something else is brewing: change, maybe even hope.
Gadi Eisenkot — the former IDF chief of staff who broke with Netanyahu’s government over the Gaza War — now leads a new party, Yashar. Projections suggest his bloc would win 59 seats if the election were held today, compared to 51 for Netanyahu’s ruling coalition, according to the latest poll,
Eisenkot also beats Netanyahu head-to-head as the preferred prime minister, 43% to 37%.
If Eisenkot joins with Arab parties his coalition would receive 69 seats, substantially more than the 61 seats needed to govern. Though Eisenkot has not said yet whether he would link up with Arab parties, a plurality of Eisenkot’s potential voters (44%) said they would support such a move, in a country where Arab parties have only once been part of a governing coalition.
Eisenkot is no dove. He is someone who has concluded, rightly, that the threats Israel faces include the ones it’s inflicting on itself.
He has vowed to strengthen Israeli democracy and pursue diplomacy with Israel’s neighbors. His party’s platform calls for non-military national service for Arabs, something 75.8% of them favor. His likely coalition partners will include the Democrats, a smaller party expected to win 10 to 11 seats, for whom resolving the Israeli-Palestinian issue is a defining issue. “I see the conflict and the continued occupation as the greatest tragedy of our lives,” Emilie Moatti of the Democrats said at a party rally last month. “The most moral and patriotic act is to end it.”
These are the most hopeful winds to blow through Israeli politics in memory, ahead of the Oct. 27 election — the closest Israelis have come to real, structural change in years. Meanwhile, in the United States, it’s Mamdani’s admission that he lacks the power to arrest Netanyahu — and call for the federal government to do so instead — that has captured the media’s attention and consumed American Jews all week. But one of these stories is theater, the other is real.
We’ve let ourselves become consumed by an empty threat from a politician with no power to carry it out, instead of doing everything we can to support those Israelis who actually have the power to change their country.
In this farce, Netanyahu and the anti-Israel movement each need a cartoon version of the other to keep telling their one-sided story.
Imagine if Mamdani used his platform to draw attention to Makom Lekulanu, “A Place for Us All,” the only Arab-Jewish party standing for election. Instead the mayor of the American anti-Israel movement keeps the focus relentlessly on Netanyahu — because a country full of Netanyahus is a much darker story to tell, and a much more useful foil, than the complicated, pluralistic reality the polls actually show.
Netanyahu and his American supporters need Mamdani for the same reason — to paint Israel as besieged and alone, and all of Israel’s critics as clownish and illegitimate. But Netanyahu’s real critics aren’t clowns. They’re serious, Israel-loving Israelis — a former army chief among them — and they are beating him at the polls.
With Netanyahu offering voters more of the same — attacks on the judiciary, fear-mongering over Arab citizens voting and deeper dependence on his religious and far-right partners — a growing number of centrist Israelis have concluded that a Netanyahu win would put Israel’s very future at risk.
“If Netanyahu wins, it’s going to be a significant crisis, maybe a final crisis for many segments of Israeli society,” journalist Nadav Eyal said on the Jonah Platt podcast.
In this context, Mamdani’s theatrics are one more sign of how untethered the American conversation about Israel has become from what’s actually at stake on the ground. American Jews should stop reacting to him and start paying attention to the people with the power to actually change Israel’s future.
They can’t donate to Israeli political parties, but they can support Israeli NGOs that fund get-out-the-vote and voter education campaigns. They can back U.S. nonprofits that help promote better Israeli policies. And they can do the simplest thing of all: talk about this election — online, in shul, at the Shabbat table, anywhere the conversation has gotten stuck on Mamdani, which is everywhere. Doing that will add real dimension to a very stale debate.
New York voters will, in time, vote on whether their mayor’s selective obsession with Israel is making their city a better, more affordable place to live. That’s their business. But anyone who cares about Israelis and Palestinians should put their energy and focus where it really matters: on the people and movements who haven’t been this close to real, positive change in years.
The post Mamdani isn’t the real resistance against Netanyahu — Israelis are appeared first on The Forward.
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Why do I work for the “Foe-ward”? I traced my accent’s journey to find out
I began my internship at The Forward in May, just a few weeks after I finished my sophomore year at Duke, where I’m majoring in religion and history. My initial days back in my home city were a whirlwind: dinners at Top Thai; long walks up to the Met; reconnecting with friends. The period also included a still ongoing linguistic journey that has fostered a connection with my great-grandmother.
When my friends asked me how I was spending my summer, I was struck by how few of them had heard of the Forward. Initially, I assumed this was because my friends were younger or not Jewish (which was likely the main reason), but I later realized that their confusion was also connected to how I say the paper’s name.
I pronounce “forward” non-rhotically, meaning that I drop the first r so that the word sounds more like Foe-ward. My mom — though born in San Francisco — pronounces the word the same way, and has encountered the same confusion whenever she does. She decided to ask around to find other kindred spirits. My maternal grandmother’s family, we discovered, all pronounced the word the same way: “foe-ward.”
We attribute this to my great-grandmother, whom we call “Bubby Classic.”
My great-grandmother Sadie — my namesake, along with my other maternal great-grandmother — grew up on the Lower East Side. Originally, her family was from Vilna, Lithuania. Her father came to the country at the age of 9 and spoke excellent English, but her mother didn’t speak a word.
My family says that Sadie described her childhood as the happiest period in her life. No one around her was wealthy, but it didn’t matter. Her father was a tailor, which brought in a steady income. As he always said, even if people were poor, they still needed clothes — but he would also donate clothes to those who couldn’t afford them. Sadie had three older brothers, and she told stories about them running after the ice truck together and jumping onto it.
At the time, Jews frequently changed their names to assimilate. Sadie, who wasn’t in love with her name, adopted Syde after the dancer Cyd Charisse. In the last decade of her life, though, she returned to her given name. At one point, she told my family that she didn’t know why she had changed it in the first place.
Sadie was the last member of my maternal family to speak Yiddish, and she spoke with a heavy New York accent; she grew up on “Hestuh” (Hester) Street, as my mom likes to say. When she started a family, Sadie moved out to Long Island, but she brought her children to the Lower East Side every Sunday; my great-uncle and Bubby recall sitting in family members’ apartments, playing with their cousins, eating and talking for hours.
This culture, though, began to fade. My great-uncle Michael tells me that his New York accent was still strong during childhood, but after the family moved to Florida, it softened. Though he still says many words with the accent, he’s been told that he also gained a slight southern twang. Bubby and my grandfather were San Francisco hippies, and she grew up there without a heavy accent, leaving none to pass on to me.
When my family realized how all we pronounced forward, we decided it had to have come from Sadie. We knew “foe-word” wasn’t her exact New York accent, but we thought dropping the “r” must run in the family.
The truth, as I discovered while speaking with linguist David Braun, was that our theory probably wasn’t the most accurate. The New York accent, like Sadie had, is non-rhotic and modifies the pronunciation of “er.” This is typically considered a type of vowel sound, which is stressed in words like her, bird, or person. When it’s unstressed, it is called a schwa and sounds like “uh”: “watuh,” “doctuh,” “fuh-wuhd.” Given that New York was an original colony, these pronunciations were heavily influenced by British speaking patterns, which are similarly non-rhotic.
As time went on, New Yorkers began to pronounce more and more words rhotically, with the accent being rare among newer generations. This was an evolutionary process, which could have resulted in some New Yorkers pronouncing forward as “foe-ward,” but there would also have been those who pronounced the word as “for-wuhd.” In any case, this wouldn’t have been the only word these New Yorkers pronounced non-rhotically: they’d still say caw-nuh instead of corner or regu-luh instead of regular.
My pronunciation of forward — dropping the first r, but not the second — is often interpreted as a phenomenon called dissimilation, which is the process when two similar sounds in a word become less alike. In this case, “r” is used in two back-to-back syllables, and one is dropped to ease pronunciation: “sup-rise” instead of “sur-prise,” “gov-enor” instead of “gov-er-nor,” and of course “foe-ward” instead of “for-ward.” Dissimilation occurs across many regions: unlike the accent, it’s not necessarily tied to New York.
This habit, though I’m not sure where it originated, is more than likely where my family’s pronunciation came from. Still, when I say “foe-ward,” I can’t help but think of my great-grandmother who lived on “Hestuh” Street, and feel connected to the place where she grew up.
How do you pronounce “Forward”? Let us know in this google form.
The post Why do I work for the “Foe-ward”? I traced my accent’s journey to find out appeared first on The Forward.
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Trump administration drops demand that Penn turn over list of Jewish employees
(JTA) — The Trump administration has withdrawn a controversial demand for the University of Pennsylvania to produce a list of Jewish employees as part of a larger investigation into alleged employment discrimination at the Ivy League university.
The withdrawal ends a round of lawsuits over the legality of such a demand, which alarmed Jewish groups on campus and beyond.
The federal Equal Employment Opportunity Commission, which is overseeing the probe, did not explain its decision to drop the subpoena in its Thursday court filing. A representative for the agency declined further comment to the Jewish Telegraphic Agency.
In its own statement, Penn, which had been engaged in a legal back-and-forth over the school’s refusal to compile such a list, said it had “protected its employees’ rights.” The school had shared the names of Jewish staff who had consented to the probe, but resisted sharing the names of all Jewish staff.
“Penn remains committed to fighting antisemitism and all other forms of discrimination, to ensure everyone it serves can learn, work, and thrive,” a university spokesperson said.
The unusual demand, first made in November, came as the Trump administration has aggressively targeted a handful of elite schools accused of failing to curb antisemitism on campus. Most of the time, its intervention has come through the education and health and human services departments, which have cited civil rights violations in seeking to yank billions of dollars in federal funding.
But the EEOC has gotten involved, too, arguing that Penn, in particular, had failed to protect its Jewish and Israeli employees from discrimination. Its case against Penn originated in 2023, and its subpoena had included demands to reveal members of “all clubs, groups, organizations and recreation groups” that were “related to the Jewish religion, faith, ancestry/national origin.” The subpoena also targeted the school’s Jewish studies personnel.
Jewish groups, including Penn Hillel, had argued against the demand, as did free-speech organizations. In an email, Penn Hillel’s director, Rabbi Gabe Greenberg, told JTA the organization welcomed the news.
“Over the past year, I have spoken with hundreds of students, faculty, and staff across the University of Pennsylvania regarding this issue. Every single person expressed objections to the EEOC’s attempt to compel the University to surrender data on Jewish identity and affiliation,” Greenberg said.
He continued, “While many in our community share Penn Hillel’s conviction that campus antisemitism requires urgent, sustained action, demanding ‘lists of Jews’ was a fundamentally incorrect and inappropriate way to address it.”
Earlier this year the agency chair, Andrea Lucas, defended the list-of-Jews demand during an antisemitism conference at Harvard. Lucas told the roomful of Jewish professionals that her office needed the list to identify “potential victims,” including as a means of distributing potential payouts.

(L-r) Andrea Lucas, chair of the federal Equal Employment Opportunity Commission, speaks with Brandeis Center founder Kenneth Marcus at an antisemitism conference held at Harvard University in Cambridge, Massachusetts, April 16, 2026. (Dillon Meyer Media)
“At some point, either the government will know information about individuals related to their religion or we will not be able to enforce the laws on their behalf,” Lucas said at the time.
A federal judge had ruled in March that the request was reasonable, dismissing efforts by Penn and Jewish groups to declare the ruling unconstitutional. However, the judge delayed the deadline by which Penn would have been forced to comply, giving the university more time to appeal.
The EEOC’s larger antisemitism inquiry into Penn continues.
This article originally appeared on JTA.org.
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