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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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Israel becomes first country to recognize Somaliland, drawing condemnation from Egypt, Turkey and Somalia
Israel became the first country to formally recognize Somaliland, a self-declared sovereign state in the Horn of Africa, in a decision that was immediately condemned by Somalia and other nations.
“The Prime Minister announced today the official recognition of the Republic of Somaliland as an independent and sovereign state,” wrote Prime Minister Benjamin Netanyahu’s office in a post on X. “The State of Israel plans to immediately expand its relations with the Republic of Somaliland through extensive cooperation in the fields of agriculture, health, technology, and economy.”
Somaliland’s president welcomed the announcement from Netanyahu in a post on X, adding that he affirmed the region’s “readiness to join the Abraham Accords,” the normalization agreements between Israel and a handful of Arab states that was brokered during President Donald Trump’s first term.
Somaliland proclaimed independence from Somalia in 1991 during the country’s civil war, but has failed to receive recognition from the international community in part due to Somalia’s opposition to its secession. Somalia officially rejects ties with Israel, and has consistently refused to recognize the state of Israel since 1960. Somalia and Somaliland are overwhelmingly Muslim.
“The ministers affirmed their total rejection and condemnation of Israel’s recognition of the Somaliland region, stressing their full support for the unity, sovereignty and territorial integrity of Somalia,” Egypt’s foreign ministry said in a statement following a phone call between Egypt’s foreign minister and his Somali, Turkish and Djiboutian counterparts, according to Reuters.
In November, the Israeli think tank Institute for National Security Studies argued in a report that recognizing Somaliland could be in Israel’s strategic interest.
“Somaliland’s territory could serve as a forward base for multiple missions: intelligence monitoring of the Houthis and their armament efforts; logistical support for Yemen’s legitimate government in its war against them; and a platform for direct operations against the Houthis,” the report read.
It is unclear if the United States will follow suit. In August, Texas Republican Sen. Ted Cruz wrote to Trump urging him to recognize Somaliland.
“Somaliland has emerged as a critical security and diplomatic partner for the United States, helping America advance our national security interests in the Horn of Africa and beyond,” wrote Cruz.
This article originally appeared on JTA.org.
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‘Jesus is a Palestinian,’ claims a Times Square billboard. Um, not quite
“Merry Christmas,” proclaims a billboard in Times Square: “Jesus is Palestinian.”
Countless people will walk by the display or see it on social media, and many will believe it.
So, let’s go through why that statement is such a mistake, once again.
Jesus was a Jew. He was born to Jewish parents, was circumcised under Jewish law — traditionally, on Jan. 1, which is how that day became known as the Feast of the Circumcision — and lived as a Jew. He taught from the Hebrew Scriptures. He worshiped in the Jerusalem Temple. He observed Jewish festivals. He debated Jewish law with other Jews using Jewish modes of argument.
Go back to the Gospels in the New Testament — specifically Luke 4:16: “He went to Nazareth, where he had been brought up, and on the Sabbath day he went into the synagogue, as was his custom.” Or, John 4:9, in which a Samaritan woman asks Jesus: “How is it that you, a Jew, ask a drink of me, a woman of Samaria?”
Cross-reference other ancient sources. Josephus, a first-century Jewish historian, refers to Jesus as a Jewish figure executed in Judea. No serious historical study of Jesus elides this basic truth: Jesus was a Jew.
Yet many efforts through history have sought to sever Jesus from his Judaism — often, if not always, in an attempt to denigrate Jews.
In the second century, the theologian Marcion sought to completely sever Christianity from Judaism. For him, the God of Israel was inferior and the God of the Christians was morally superior. Jesus, therefore, belonged to a different moral universe. The early Church condemned Marcionism precisely because it erased Jesus’s Jewish roots, and ultimately dismissed the idea as a heresy that needed to be rejected.
In the twentieth century, Nazi theologians attempted to portray Jesus as Aryan and anti-Jewish, which Susannah Heschel documents in her book The Aryan Jesus: Christian Theologians and the Bible in Nazi Germany.
But it’s not just because of his religion that Jesus shouldn’t be considered Palestinian.
“Why not?” you might ask. “Didn’t he live in Palestine?”
The short answer is: Not yet.
When Jesus lived, the land of Israel was called Judea. It was under Roman rule, and it fell under several administrative districts: Judea, Galilee, and Samaria.
So, what is the source of the name “Palestine” for that area? It comes from the ancient people known as the Philistines, a perennial enemy of the Israelites. After the Romans crushed Jewish independence, they deliberately renamed the province in an effort to sever Jewish historical ties to the land, as well as to humiliate them by naming the land after their ancient foes.
To call Jesus “Palestinian” is therefore anachronistic.
Yet even so, the idea of Jesus as Palestinian appears in some strands of Palestinian liberation theology. Those strands tend to envision the Palestinian people as Jesus on the cross — crucified by Israel and the Jews, in an image that recalls the longstanding and deeply misguided allegation that “the Jews killed Jesus.”
This language appears repeatedly in the writings and sermons of Naim Ateek, the influential founder of the Jerusalem-based Christian organization Sabeel. In his 2001 Easter message, he wrote “as we approach Holy Week and Easter, the suffering of Jesus Christ at the hands of evil political and religious powers two thousand years ago is lived out again in Palestine,” adding that “Jesus is the powerless Palestinian humiliated at a checkpoint, the woman trying to get through to the hospital for treatment, the young man whose dignity is trampled, the young student who cannot get to the university to study, the unemployed father who needs to find bread to feed his family; the list is tragically getting longer, and Jesus is there in their midst suffering with them.”
Yes, of course, Palestinians have suffered and continue to suffer. But illustrations of that suffering should not include the pretense that Jesus was Palestinian. It suggests that Palestinians need to be seen as akin to Jesus to deserve safety and dignity, when in fact they deserve safety and dignity simply because they are human. And casting Israel and the Jews as crucifiers only resurrects medieval theology and hatreds; it adds nothing to the hopes for justice for Palestinians.
Mainstream Christianity has rejected this foul mythology. We have recently celebrated the sixtieth anniversary of the Christian world’s most vociferous denial of that ancient hatred. In 1965, Vatican II’s Nostra Aetate explicitly rejected the charge that Jews are responsible for Jesus’s death. The World Council of Churches issued similar warnings about reviving Passion-based antisemitism — the revival of the ancient accusation that Jewish leaders were responsible for the crucifixion of Jesus, and that Jews bear that guilt eternally.
History matters. Theology matters. And words matter — especially when they carry two thousand years of blood-soaked memory.
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82 years after his plane was shot down in China, Jewish WWII pilot Morton Sher is laid to rest at home
An American Jewish fighter pilot whose plane was shot down in the Chinese theater during World War II was given a proper burial 82 years after his plane went down, according to the United States Department of Defense.
The remains of Lt. Morton Sher, identified earlier this year, were buried in Greenville, South Carolina on Dec. 14 — what would have been his 105th birthday.
Sher was a member of the pilot group known as the “Flying Tigers” — formed to protect China from Japanese invasion following the assault on Pearl Harbor in 1941. He was piloting a P-40 Warhawk when he was shot down by Japanese bombers on Aug. 9, 1943. His mother Celia received Sher’s Purple Heart that same year.
Sher’s squadron put up a memorial stone at the crash site in Xin Bai Village, and a postwar army review in 1947 concluded that his remains had been destroyed and were assumed to be unrecoverable.
The remains of Morton Sher were returned to Greenville, North Carolina and buried on Dec. 14, 2025. (Courtesy Department of Defense)
Two attempts were made to locate his remains in 2012 and 2019, but neither was successful. A breakthrough came in 2024 when a Defense POW/MIA Accounting Agency excavated a crash site in the province where Sher’s plane fell, and then in April 2025, when DNA analysis was conducted. The match was confirmed in June.
Sher was born in Baltimore, Maryland on Dec. 14, 1920, and his family later moved to Greenville where they became members of the Conservative synagogue Congregation Beth Israel. In high school, he was a member of the aviation club and enrolled in ROTC. Sher was a founding member of B’nai B’rith Youth Organization’s Aleph Zadik Aleph chapter in Greenville, according to the funeral home that organized his burial.
“He dreamed of being a pilot,” Sher’s nephew, Steve “Morton” Traub told Greenville’s local NBC station. “This guy did a lot for his country. He was my hero.”
Traub, who never met his uncle, but heard stories and read his letters, was raised by Sher’s father, David.
“I wish I had known him, but if he had, I wouldn’t have been named after him. I feel like I knew Mason because I knew Papa,” Traub said.
This article originally appeared on JTA.org.
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