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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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Workplaces open, schools remain shut — and Israeli parents pull out their hair over wartime Zoom classes
(JTA) — TEL AVIV — When news broke that Israel might gradually reopen schools in areas considered safe enough, Yael Daniel, a mother in Bat Yam in the missile-hit center of the country, joked that she was “moving north.”
The war has shut schools and pushed children onto Zoom learning while many parents, like Daniel, keep working. Trying to supervise remote lessons for her three children, ages 6 to 8, who have attention difficulties, while holding down a full-time job has turned each day into “a nightmare,” she said.
“These are kids that need to be in a serious routine, and they’re not, and it’s really hard. I’m suffering,” she said.
The strain intensified after the IDF’s Home Front Command allowed workplaces to reopen last week under updated wartime guidelines, even as the education system remained closed.
Israeli actress and mother of two Meshi Kleinstein was one of many parents who took to social media as the decision drew anger and disbelief. “What a delusional country. Who looks after the children when the parents return to work?” she said on Instagram.
In response to the outcry, Finance Minister Bezalel Smotrich announced Sunday that one parent in households with children under 14 would be allowed to take unpaid leave while the education system remains shut.
The move prompted further backlash from parents who say it effectively forces families to choose between supervising children at home and losing income.
And for some, like Zehavit, who was speaking from a bomb shelter during a siren in the central city of Jaffa, it didn’t make sense. “Just because my child is 14, does that automatically mean he’s fine to be alone and run to the shelter by himself in the event of a siren?”
Outside the shelter, another mother, Renana, said the arrangement has forced her to reorganize her workday around her son’s online classes.
“I have one child in first grade. Since the Zoom classes started I work less because he uses my computer,” she said.
“He has three consecutive hours with different teachers and I need to sit next to him so he can communicate with them, which means I’m listening to the whole lesson and not working.”
Claire Bloom Moradian spends her days shuffling her children between school Zooms, extracurricular Zooms and playdates just to approximate a routine. “It’s just chaos, I’m absolutely exhausted,” she said.
In a Facebook post, Rachel Sharansky Danziger recounted that the return to Zoom after Oct. 7 was “the straw that broke the camel’s back,” leaving her so overwhelmed that she called a mental health hotline at the time, unable to understand why “all the death, the kidnappings, the horror” had not broken her, but remote learning did.
Zoom had revived the helplessness of the Covid years, she said, with too few devices, constant technical glitches and children yelling that nothing was working — all against a backdrop of dread about what might be looming outside the apartment doors.
“I can be strong,” she had told the woman on the other end of the helpline. “I can be positive and supportive and encouraging and manage myself and the domestic and social arena around me with precision and strength and awareness of the needs of those around me. But I can’t do all of this while trying to solve dozens of technological problems every morning.”
Education Minister Yoav Kisch said on Monday morning that he is examining a gradual reopening of schools using a color-coded system, with institutions expected to resume first in areas classified as “yellow,” meaning places where security conditions and access to protected spaces would allow limited in-person learning, with parents responsible for getting children to school.
About 40% of Israeli schools cannot offer all of their students access to bomb shelters if a siren sounds, according to data released this week.
Kisch’s terminology was another reminder of the pandemic-era, in which cities were ranked by color according to infection levels, with tighter restrictions in “red” areas. On social media, some parents greeted Kisch’s proposal with weary sarcasm. “Ah, yes, the color chart. Because that went so well the first time,” one person tweeted in response.
Municipal leaders were divided over whether to implement Kisch’s plan. Haifa Mayor Yona Yahav said the city would keep schools closed for now, saying he had “no intention of endangering students, drivers, and teaching staff,” as officials weighed the risks of transporting children during ongoing alerts. Others signaled they would move ahead. Roy Levy, mayor of nearby Nesher, said schools would reopen in line with Home Front Command guidelines, calling a return to classrooms “an emotional and social need.” Jerusalem Mayor Moshe Lion also said he would partially reopen the city’s education system, citing the need for “a routine, an educational framework and meetings with friends and teachers.”
But by Monday evening, Kisch was forced to backpedal after the IDF’s Home Front Command said that wartime restrictions would stay in effect across the country, keeping schools shut for now. A limited reopening may be attempted again starting next week — or not.
In one of the darkest incidents to emerge from Israel’s forced return to Zoom schooling, a teacher in Jerusalem was attacked by her partner in front of her students during an online lesson. He struck her in the head and smashed objects in their home before being arrested, later telling investigators he had acted out of “feelings of jealousy.”
Reports of domestic violence in Israel tend to rise during periods of war and home confinement. Data compiled after Oct. 7 showed a 28% increase in calls to Israel’s welfare ministry hotline related to domestic violence, sexual abuse and child neglect during the first months of the war.
Not everyone viewed Zoom as futile. Nataly Peleg, a first-grade teacher, said the classes are less about academics than about giving children a welcome distraction — even if she does not compel her own children to join theirs.
“It’s not so much whether they learn or not,” she said. “It’s about being together for a bit and focusing on something that isn’t the sirens and the surreal situations around us.”
Some children find the classes comforting, she said, while others are simply waiting for them to end or do not join at all. Still, she said, many parents have told her they appreciate the effort. “If even a handful of kids feel a bit better, it’s worth it,” she said.
Daniel, for her part, is trying to keep things in perspective. Despite feeling “super overwhelmed,” she said she is thankful her family is safe.
“Things could always be worse,” she said. “I’m just grateful we are all OK.”
In her post, Danziger said she was passing on the advice the hotline counselor had given her more than two and a half years ago.
“Don’t. Don’t let distance learning control you,” she said, adding that “nothing terrible would happen if your kids don’t join some of the Zooms — or, to be honest, all of them.”
While “we parents may not be bombing Tehran or deciphering nuclear secrets right now,” she wrote, “the responsibility for our children’s education and the functioning of our homes is still in our hands.”
The post Workplaces open, schools remain shut — and Israeli parents pull out their hair over wartime Zoom classes appeared first on The Forward.
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Ted Cruz says GOP not ‘winning’ fight against antisemitism from figures like Tucker Carlson
(JTA) — WASHINGTON — Some speakers struck a hopeful note during an antisemitism symposium on Tuesday morning hosted here by the Republican Jewish Coalition and National Review.
Ted Cruz was not one of them.
“Norm [Coleman, chair of the RJC] just said that we are winning. And I applaud him for that, because I want us to be winning,” Cruz said. “But I’m not sure it is accurate as a descriptive matter that we are winning right now.”
Cruz was referring to an ongoing battle within the Republican party over figures like Tucker Carlson and Candace Owens, conservative influencers who’ve spread antisemitic conspiracy theories.
It wasn’t the Texas senator’s first time speaking to the RJC crowd with grave warnings about right-wing antisemitism and anti-Israel rhetoric. He called antisemitism “an existential crisis in our party” at the RJC’s annual summit in November, which was held shortly after Carlson gave a friendly interview to avowed antisemite Nick Fuentes.
Four months later, Cruz’s speech served as a sobering follow-up: “This is the beginning of a battle where our nation, our beliefs, our Constitution, the principles that built America, are under assault. And we need to gird ourselves for battle and defeat this garbage,” he said Tuesday.
Cruz was far from the only speaker stressing the importance of rooting out right-wing antisemitism at the half-day symposium. The 100 or so attendees at the Museum of the Bible heard from speakers on how antisemitism is spread via social media, on policy responses to antisemitism, and why American exceptionalism is said to be inextricable from Jewish exceptionalism.
Cruz seemed to contradict Coleman’s assertion that “we are winning and they” — that is, “prominent polemicists” like Carlson, Owens and younger figures like Fuentes and Florida gubernatorial candidate James Fishback, who traffic in “ancient hatred” — are “losing.”
Nonetheless, Coleman said in an interview after the event, he and Cruz are on the same page.
“First of all, I’m an optimist. Second of all, I could understand Sen. Cruz’s concern,” said Coleman, suggesting that Cruz didn’t want to leave the impression that the GOP’s internecine battle over antisemitism was over and “this isn’t a fight that has to be fought.
“It has to be fought tooth and nail because it’s so critically important,” said Coleman.
He added, “We haven’t won the fight. I think we’re winning the fight — and by the way, that’s shown in the fact that 85-90% of Republicans are on our side.”
Still, Coleman — who said in his public remarks that they are “not fringe figures whispering in dark corners,” and that they “have large megaphones” — later dismissed Carlson, Owens and Fuentes as being “fringe voices on our side.” Cruz, on the other hand, said during his remarks that antisemitism “is gaining real purchase, especially with young people.”
“I don’t want to wake up in five years and find myself in a country where both major political parties are unambiguously anti-Israel and unapologetically antisemitic,” Cruz said. “And I think that is a real possibility. If Tucker and his minions prevail, that will happen.”
To stop that from happening, Cruz said Christian pastors need to fight Carlson “on theological grounds” by dispelling the replacement theory that Carlson “aggressively” pushes. He also said there should be an effort to “follow the money” because he suspects that “many of these influencers are cashing a check” from countries like Qatar, Russia and China, as part of “an operation to destroy America.”
Cruz was far more explicit in his condemnations of Carlson than he’d been in November, when he held back from using the former Fox News personality’s name.
“I believe Tucker Carlson is the single-most dangerous demagogue in this country,” Cruz said on Tuesday, drawing applause.
“And I’ll tell you,” he said, “I’ve made the decision that I’m going to take him on directly.”
The debate over antisemitism and figures like Carlson and Owens has roiled the American conservative movement. More Republicans have weighed in over the last few months, including Trump, who said last week that Carlson is “not MAGA” after the commentator criticized American and Israeli strikes on Iran. Meanwhile, Vice President JD Vance has not publicly denounced Carlson, drawing skepticism and growing impatience from some Jewish Republicans.
Cruz blasted his fellow Republicans who have not publicly condemned Carlson.
“Nick Fuentes is easy to denounce,” he said. “I actually think it’s a tell among Republican politicians — if they’ll denounce Fuentes but are scared to say Tucker’s name, that tells you a great deal.”
Cruz did not name any such politicians.
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‘Path to Normalization’: Lebanese President Turns on Hezbollah, Calls for Israel Talks
Lebanese President Joseph Aoun looks on during a meeting with Cyprus’ President Nikos Christodoulides at the Presidential Palace in Nicosia, Cyprus, July 9, 2025. Photo: Petros Karadjias/Pool via REUTERS
Lebanese President Joseph Aoun on Monday accused Hezbollah of dragging Lebanon toward becoming a “second Gaza” with its rocket attacks on Israel and called for negotiating a full ceasefire with Jerusalem, saying the launches served “the Iranian regime’s calculations” and risked “collapsing” the country.
Aoun’s remarks, among the most direct criticism of Iran-backed Hezbollah by a Lebanese president in years, accused the Islamist terror group of launching rockets as an “obvious trap” to lure his country back into a conflict with Israel.
“Whoever launched those rockets wanted to secure the fall of the Lebanese state, under aggression and chaos, even at the price of destroying dozens of our villages and the fall of tens of thousands of our people. For the sake of the Iranian regime’s calculations,” Aoun told European Commission President Ursula von der Leyen and European Council President António Costa in an online meeting.
Earlier this month, he added, the Lebanese government made “a clear and irrevocable decision” barring any military or security activity by Hezbollah.
An Israeli coalition of former diplomats, security experts, and business leaders called Aoun’s remarks a “courageous” and potentially “historic” opening by a Lebanese government seeking to disarm Hezbollah.
“Israel must seize the moment to create the necessary conditions for shaping a negotiated reality along the northern border — one that would constitute a significant strategic victory against Iran and further isolate it,” the Coalition for Regional Security said in a statement.
The group praised the “anti-Iranian Lebanese government” for seeking to disarm Hezbollah, but warned that “it is unable to accomplish this task alone.”
According to Lianne Pollak-David, the coalition’s founder, the current US-Israeli strikes on Iran were creating more space for Beirut to confront Hezbollah openly.
“The more Iran is weakened and isolated, the more the Lebanese government feels confident going directly and publicly against Hezbollah,” she told The Algemeiner.
But Pollak-David argued the Lebanese government could not disarm Hezbollah on its own and would need help from outside powers, including Israel. That, she said, would force Israel to walk a “very tricky fine line” to break Hezbollah on the one hand, without leaving Beirut to absorb the blowback by itself.
She called for “collaborating with the Lebanese government, leveraging all the regional coalition that has been formed around this war, and, under [US President Donald] Trump’s leadership, pushing for a new reality in Lebanon.”
Iran’s military and political incapacitation could even open the way to more regional peace agreements, she said.
“Everything is connected,” Pollak-David said. “The more Iran is isolated and the more its proxies are weakened, the more we’re seeing all the moderate forces in the region coordinating and collaborating,” increasing the chances of “Israel-Lebanese normalization and Israel-Arab normalization altogether.”
But Hezbollah expert Lieutenant Colonel (Res.) Sarit Zehavi offered a far more skeptical view, questioning whether Aoun’s remarks signaled any real change on the ground.
“I don’t see the difference between Aoun’s remarks now and his remarks when he was elected, except for the willingness to have direct negotiations with Israel,” she told The Algemeiner.
When Aoun took office in January of last year, he said Lebanon must eventually ensure weapons are held only by the state, but he also said repeatedly that this had to happen through dialogue, not confrontation.
“The biggest question at stake, which I don’t get an answer to, is whether Aoun’s army is willing to clash with Hezbollah, because that is what it will take to disarm it,” Zehavi said, noting Aoun’s fear that such a clash could lead to civil war.
She pointed to reports from Monday that Hezbollah operatives arrested while transporting weapons south were released almost immediately on token bail of $20, which she said showed how little appetite Beirut had demonstrated for a real confrontation with the terrorist group.
Zehavi, who founded the Alma Center — a research center that focuses on security challenges relating to Israel’s northern border — said Aoun would need to do far more than denounce Hezbollah or talk about state authority over weapons before Israel could treat his government as a real partner. The first step, she said, was for his government to formally outlaw Hezbollah and take concrete action against it.
“I will be much more convinced in Aoun’s good intentions if he designates Hezbollah as a terrorist entity,” she said. “Meanwhile, I don’t think we should negotiate with this Lebanese government.”
Until then, she said, Israel should keep up its attacks on Hezbollah, particularly south of the Litani River, located roughly 15 miles from the Israeli border.
