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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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All 25 Jewish Lawmakers in US House Sign Statement on ‘Grotesque’ Antisemitic Bondi Beach Shooting
Rabbi Levi Wolff lights a menorah at Bondi Pavilion to honor the victims of a shooting during a Jewish holiday celebration at Bondi Beach, in Sydney, Australia, Dec. 15, 2025. Photo: REUTERS/Hollie Adams
Every Jewish member of the US House of Representatives on Monday signed a bipartisan statement condemning the prior day’s antisemitic mass shooting at Bondi Beach in Sydney, Australia, decrying the “grotesque” act of mass murder.
“On a night meant for celebration, Jewish families in Australia, gathering in joy and peace on the first night of Hanukkah, were grotesquely targeted with hate and murderous intent. Sadly, this attack does not come as a surprise to the Jewish community of Sydney who have been raising a clarion call for local and national authorities to take concrete steps against a rising tide of antisemitism,” read the statement co-signed by the 25 lawmakers.
“We stand in solidarity with the Australian Jewish community and together extend our condolences to the family and friends of the people murdered and are praying for the complete recovery of the dozens wounded, and the entire Jewish community feeling besieged,” the statement continued.
The signatories of the letter were members of both main political parties: Reps. Brad Sherman (D-CA), Becca Balint (D-VT), Jake Auchincloss (D-MA), Suzanne Bonamici (D-OR), Steve Cohen (D-TN), Randy Fine (R-FL), Lois Frankel (D-FL), Laura Friedman (D-CA), Craig Goldman (R-TX), Daniel Goldman (D-NY), Josh Gottheimer (D-NJ), Sara Jacobs (D-CA), David Kustoff (R-TN), Greg Landsman (D-OH), Mike Levin (D-CA), Seth Magaziner (D-RI), Max Miller (R-OH), Jared Moskowitz (D-FL), Jerrold Nadler (D-NY), Jamie Raskin (D-MD), Jan Schakowsky (D-IL), Brad Schneider (D-IL), Kim Schrier (D-WA), Eugene Vindman (D-VA), and Debbie Wasserman Schultz (D-FL).
The attack, which is suspected to have been carried out by a Muslim father-and-son duo from Pakistan, targeted Jewish families which gathered to mark the first night of Hanukkah. The murder spree left 15 people dead, including a 10-year-old child, and more than 40 others wounded. Australian authorities described the incident as a hate-driven assault aimed squarely at the Jewish community, as Jewish institutions across the US and the world were placed on heightened alert.
Monday’s statement, a rare show of bipartisan unity, was led by senior lawmakers including Sherman, along with Democrats and Republicans who stressed that defending Jewish life is not a partisan issue. The statement called on political leaders worldwide to take concrete action to protect Jewish communities and to reject efforts to excuse or normalize antisemitic rhetoric under any guise.
“Antisemitism is a cancer that eats at the core of society, whether in Australia, the United States, or anywhere it is allowed to take root and grow. We join leaders around the globe in condemning this evil act and in calling for justice, peace, and unwavering support for those affected. We also call on all leaders to do better standing up to antisemitism, bigotry, and hate. We must also do better in our work for a world where everyone can celebrate their faith and traditions free from discrimination and fear,” the statement read.
“Jews around the world will continue to gather this week to celebrate Hanukkah and its story of religious freedom and defiant optimism,” the statement continued. “As we light the menorah each night and remember the miracle of the festival of lights, let us proclaim that light is stronger than darkness, right is stronger than might, and justice is stronger than tyranny. Wishing all Jewish communities and the world around us strength and peace.”
Israeli Prime Minister Benjamin Netanyahu condemned the attack as an act of antisemitic terrorism and reiterated that assaults on Jews abroad are inseparable from the broader campaign of hatred against the Jewish people and the Jewish state. Netanyahu also chided Australian leadership, pointing to a letter he sent the government which warned that their recognition of a non-existent Palestinian state could encourage more violence.
Australia Prime Minister Anthony Albanese defended his government’s decision to recognize “Palestine,” saying, “overwhelmingly, most of the world recognizes a two-state solution as being the way forward in the Middle East.”
Critics have argued that a two-state solution should be reached through negotiations between Israelis and Palestinians rather than preemptive unilateral declarations by other capitals.
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Dutch Police Arrest 22 After Anti-Israel Protests, Vandalism at Amsterdam Venue During IDF Cantor Performance
Anti-Israel protesters clash with police outside Amsterdam’s Concertgebouw, breaking through barricades and setting off smoke bombs during a demonstration against a performance by the IDF’s chief cantor. Photo: Screenshot
Dutch police arrested 22 people on Sunday after anti-Israel protests outside an Amsterdam concert hall erupted into violent clashes during a performance by the Israel Defense Forces’ official cantor.
Around 200 demonstrators gathered outside Amsterdam’s famed Concertgebouw to protest a performance by Shai Abramson, the IDF’s chief cantor, who has previously performed at several Israeli military ceremonies.
Even though Abramson was originally scheduled to lead the Concertgebouw’s annual public Hanukkah concert, the venue canceled his appearance last month following backlash over his ties to the Israeli military.
After the announcement sparked international outrage, the Concertgebouw offered Abramson the chance to perform at two private concerts later that evening while skipping the main Sunday afternoon concert.
Widely circulated on social media, footage showed anti-Israel protesters chanting antisemitic slogans, breaking through barricades, and carrying signs with inverted red triangles — a symbol used in Hamas propaganda to mark targets.
“October 7, 2023: The day indigenous people rose up against their occupier,” one of the signs read, referring to the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
Paar demonstranten gooiden een hek om. Paar agenten van de arrestatie-eenheid hebben ze met hulp van de ME uit de groep gehaald. Dat ging er hardhandig aan toe pic.twitter.com/dxtxPg1jsQ
— Jesper Roele (@JesperRoele) December 14, 2025
As riot police worked to contain the crowd and maintain public order, protesters set off smoke bombs, leaving one officer with minor injuries, Dutch News reported.
Local law enforcement arrested 22 people for offenses including violating assembly rules, possessing fireworks, and resisting arrest.
Het was een orgie van Jodenhaat, vandaag op het Museumplein en vlak voor de ingang van het #Concertgebouw, waar Holocaustoverlevenden werden uitgescholden voor nazi’s. Met instemming van een tokkie in toga.
Dit is racisme, dit zijn de nieuwe nazi’s, dit is het pure Kwaad. pic.twitter.com/Ho8DC9dQ4y— Bart Schut (@bpschut) December 14, 2025
On Monday, the anti-Israel group Pal Action NL claimed responsibility for vandalism at the concert hall, sharing photos on its Instagram account showing red paint splattered across the walls.
“Last night, after Het Concertgebouw allowed IOF war criminal and official cantor of the Zionist settler colony, Shai Abramson, to perform, some activists decided to pay a little visit,” the group wrote in its post.
“Het Concertgebouw now has Palestinian blood on their hands, and it will take a LONG time to wash away …” the statement read. “A warning to all other venues and institutions in the country considering platforming Zionists, don’t. Or we will be visiting.”
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Antisemitism Threatens US National Security, Analysts Warn
From left to right: Hudson Institute senior fellow Michael Scott Doran, Hudson Ravenel B. Curry III Distinguished Fellow in Strategy and Statesmanship Walter Russell Mead, and Hudson trustees chair Sarah Stern. Photo: Screenshot.
Geopolitical competition, the rise of artificial intelligence, and declining faith in the capitalist economic model and liberal democracy are contributing to the resurgence of antisemitism taking place across the Western world, some of the leading foreign policy experts in the US said on Friday during a conference held by the Hudson Institute in Washington, DC.
Titled, “Antisemitism as a National Security Threat,” the eight-hour event examined antisemitism as a challenge to the execution of a sound American foreign policy and a tactical advantage to “revisionist powers” such as China and Russia which aim to overturn the international order and supplant the US as the world’s leading superpower. Moreover, they stressed that the vanguard of the “new” antisemitism – Candace Owens, Tucker Carlson, and Nick Fuentes – are not new characters on the world stage but rather the latest iteration of a social type which has always emerged in periods of disruptive change to convert public uncertainty about the future into domestic upheaval.
One area that antisemites have identified as a stronghold is the rising field of artificial intelligence, Jude Rosenblatt, founder of an AI consulting firm, told attendees while appearing via webcam.
“The AI, unfortunately is quite antisemitic itself. We’ve done a lot of research about this. I can explain it in greater detail if you want, but it turns out that AI is very antisemitic and then when it undergoes safety training, it actually becomes more antisemitic. And it is very concerning that underneath the hood, AI is deeply antisemitic,” Rosenblatt explained. “But if it remains deeply antisemitic underneath the hood, then it’s going to, as it becomes more deeply incorporated into everything, people are going to increasingly lose agency to something which is antisemitic and is going to undermine all of our interests.”
The Algemeiner has reported extensively in recent weeks on how neo-Nazis, jihadi terrorists, and others have weaponized AI both to target the Jewish people and, more broadly, expand their propaganda, recruitment, and operations.
The conference also touched on the rise of the so-called “new right.” From the advent of the Cold War until the election of Donald Trump, the American right or “conservative movement” was associated with a “strong” and “active” American foreign policy consensus rooted in a pragmatic assessment of the national interest even as it often embraced a missionary project of spreading liberal democracy and capitalism around the world.
Recently, however, right-wing social media pundits such as Tucker Carlson and Nick Fuentes have argued for America’s retreating from the world stage by citing, implicitly and explicitly, antisemitic conspiracies which claim that Jews incite wars and social upheaval for profit and the pursuit of power. In doing so, they have uttered torrid encomiums to the leaders and governments of China, Russia, Venezuela, and Iran.
The lies and historical revisionism the new right promotes is poisoning public debate and creating a climate in which American leaders are incentivized to make poor strategic decisions for the sake of achieving short term political goals, according to experts.
“It started off with anti-Ukraine in the populist world,” Hudson Institute senior fellow and director of the Keystone Defense Initiative, Rebecca Heinrichs, said, speaking during a panel titled “The Grand Chessboard.”
“It’s antisemitism for the purpose of undermining Americans’ confidence in ourselves and in our post World War II role in the world. That is very dangerous because we can’t come to consensus on anything else we need from a grand strategy perspective if American scapegoat our problems to the Jews and if they believe that Israel is no longer an ally but it never was, and in fact that we were on the wrong side of World War II, which is now the narrative being pushed,” she continued.
The conference ended with a keynote address delivered by renowned scholar and foreign policy analyst Walter Russell Mead. An alumnus of Yale University, Mead’s most recent work includes his critically acclaimed examination of the US-Israel relationship titled, The Arc of the Covenant: The United States, Israel, and the Fate of the Jewish People.
Mead discussed antisemitism across the ages as one consequence of utopian social engineering and its perennial quest to construct societies unalloyed by outsiders and nonbelievers.
“When you want to have a comprehensive political order that embodies all good things and lays out rules for how everyone should behave and think and so on, you sooner or later run up against those stubborn Jews who will not bend to the need of Baal, who will not sacrifice to the emperor or whatever the element of the coercive element of your utopia is,” Mead said. “Today in the Islamist Middle East, we see the same thing, a utopia. If everyone would just accept Islam and live in the light of these eternal truths, everything would be fine. There would be justice, there would be prosperity, there would be freedom. But there are Jews.”
He continued, “The European union’s vision of a world of peace in international order keeps getting disturbed by that traumatizing presence of a Jewish state that follows the logic of its own survival rather than the idealistic hopes and dreams that we see in Brussels.”
Mead concluded by arguing that the American tradition offers not only a guide for building a society which, while being imperfect, is inclusive to all but also an antidote to antisemitism.
“Other people reject the American idea of a free society in favor of some kind of a blood and soil nationalism. Again, you’re just not going to get there because it’s kind of obvious that we’re sort of diverse. We’ve got a bunch of people from whose blood and whose soil is it going to be there?” he said.
Follow Dion J. Pierre @DionJPierre.