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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Israelis are experiencing a new kind of international boycott

Israelis are not facing formal sanctions from Western corporations. No international business coalition has announced a boycott. No major bank or airline has openly declared that Israeli customers are unwelcome.

Yet many Israelis are increasingly encountering something quieter and more difficult to define: a new norm of friction and the sense that when systems fail for Israelis, nobody feels much urgency to fix them.

Consider a recent experience I had with the United Kingdom’s NatWest bank.

When NatWest stopped sending authentication texts to Israeli phone numbers in the spring, I assumed it was just a technical error. Banks malfunction. Security systems fail. But then the bank’s mobile app stopped properly recognizing my Israeli number — despite that number having functioned perfectly well beforehand. Customer service representatives offered contradictory explanations. The fallback solution was supposed to be a physical card reader for secure logins. I requested one repeatedly. Nothing arrived for months. Then, in early May, a representative informed me that NatWest apparently was not mailing card readers to Israel, either.

On a visit to London, I went to a branch, where they offered no explanations; they put me on the phone with customer service, where the agent repeated that they were no longer engaging in contact with Israeli phone numbers or addresses, due to “war tensions.” So I emailed every executive I could find to ask, directly, if the bank was boycotting Israel.

After lengthy exchanges, I was told that Israeli access was removed earlier in the year. The bank insisted the restrictions were not political and not specific to Israel, but rather part of broader fraud prevention measures. So I asked which other countries were affected. This, the bank refused to answer.

On its own, this could still be dismissed as another case of corporate opacity mixed with bureaucratic risk aversion. (Eventually, a physical card reader did make its way to me, still with no clear explanation for the delay.) But it was not the first strange interaction I had experienced.

In early 2024, I ordered a novel from Amazon. The book arrived at my home in Tel Aviv damaged and obviously used, despite being sold as new. Customer service initially handled the issue professionally, immediately agreeing to replace the order. Then I provided my address. There was silence.

“I see this address is not on the map,” the representative finally said. “I only see Palestine.” Then the line disconnected.

An alarming interaction, but the representative was expressing a personal political view, not enforcing corporate policy. What proved more revealing was Amazon’s institutional indifference afterward. Despite repeated inquiries to the company’s press office, I never received a clear decrial of the customer service representative’s actions. The issue simply disappeared into a bureaucratic void.

That sorry episode was felicitous in a way: It inspired my first op-ed for the Forward.

Then came British Airways.

After BA canceled flights between Tel Aviv and London in 2025 following a Houthi missile strike near Ben-Gurion Airport, my wife and I scrambled to reconstruct an itinerary at enormous personal expense. Wars disrupt aviation. That part was understandable.

What followed afterward was not. Months passed in a maze of contradictory responses, partial refunds, bureaucratic evasions and compensation offers so absurd that they bordered on parody. Only after I contacted the airline’s press office identifying myself as a journalist did the company suddenly rediscover the ability to communicate. Even then, the process remained exhausting and opaque. We were compensated perhaps a third the value of the ticket lost, with no apology whatsoever.

None of these incidents independently prove anti-Israel discrimination. Banks mistreat customers. Airlines fail passengers. Customer service departments malfunction. Yet together they illustrate a kind of new atmosphere for Israelis.

The most profound sign of that atmosphere has come in academia. As a new report by the Technion documents, what was once an academic boycott of Israel evolved from highly visible protests toward a more diffuse climate of exclusion.

Jewish students in Sweden reported hiding their identities in academic environments. British surveys found that roughly one in five students said they would not want to live with a Jewish roommate. Canadian campus activism increasingly moved from symbolic rhetoric toward operational demands for universities to sever ties with Israeli institutions and withdraw investments.

My friend Bar Harel experienced this personally at Portugal’s University of Coimbra. After complaining about antisemitic graffiti, pro-Hamas and Hezbollah imagery, and slogans such as “No Jews wanted” around campus, Harel became a target. He was threatened online, publicly vilified, physically assaulted near campus and told his family “should burn in a second Holocaust.”

University authorities largely deflected responsibility. Only after he fled Portugal at the advice of Israeli and American diplomats did the state ombudsman finally issue a report that said the university had adopted a “posture of fundamental passivity” in response to his harassment, failing to investigate despite clear evidence.

In business and academia alike, organizations don’t need to announce formal sanctions to change Israeli experience. They simply begin treating Israel operationally troublesome.

Does all this come from antisemitism — or is it a form of quiet protest against Israel’s brutality during the past years’ wars, or the indefensible situation in the West Bank? Does it relate to the current right-wing government — and if so, is it fixable should the moderate opposition return to power?

I do not have definitive answers, and there’s probably a mix of reasons. But it is clear that Israelis are losing the global narrative with astounding speed, and unless this is countered, more formal boycotts are on the way.

The post Israelis are experiencing a new kind of international boycott appeared first on The Forward.

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Graham Platner drops out of Maine Senate race, citing push to ‘end the genocide’ in parting message

(JTA) — Maine Democrat Graham Platner announced Wednesday evening that he will drop out of the U.S. Senate race following new allegations that he had committed sexual assault.

“We believe that for the movement to continue, it can’t be me, and for that reason, we are suspending campaign operations,” he said.

Platner’s withdrawal came two days after Politico reported that a former girlfriend had accused him of entering her home uninvited about five years ago and forcing her to have sex with him.

“All we were asking for was healthcare, was to end the genocide, to use our taxpayer dollars at home to uplift our communities instead of waging war overseas,” Platner said in a Facebook address announcing his exit. He denied the allegations against him in the address, adding that a “corporate media system and the political establishment got to act as judge, jury and executioner.”

The allegations were the latest in a series of controversies that have hit Platner’s campaign, including his since-covered-up Nazi tattoo, unearthed Reddit posts and other reports about his behavior toward women.

Platner, who won his Democratic primary in June on an anti-Israel progressive platform, denied the fresh allegations, telling Politico that “any accusation of non-consensual behavior is categorically untrue.”

But the report prompted a rapid collapse in support for Platner among Democratic leaders, progressive allies and organizations that had backed his bid to beat GOP Sen. Susan Collins. It also sparked a scramble among Maine Democrats to find a different nominee ahead of the July 27 deadline for a replacement to appear on the ballot.

On Wednesday, the Maine Democratic Party announced that they had voted to hold a nominating convention to fill Platner’s vacancy.

“There is an unprecedented amount of energy and enthusiasm among Maine Democrats, driven in part by many of the dedicated volunteers and supporters who were inspired by Graham Platner’s campaign,” the party said in a statement. “We look forward to coming together and harnessing that energy around our new nominee as we work to defeat Susan Collins in November.”

The state Democratic Party leadership called on Platner to withdraw as the Democratic nominee on Monday, adding that the party needed to “refocus this campaign” on the fight against GOP Sen. Susan Collins. The seat is key to Democratic hopes of taking back the Senate.

Vermont Sen. Bernie Sanders, one of Platner’s most high-profile supporters, as well as New York City Mayor Zohran Mamdani also called for Platner to step aside on Tuesday.

Senate Minority Leader Chuck Schumer, who initially backed Platner’s opponent before she dropped out, had said in a joint statement with New York Sen. Kirsten Gillibrand that the Democratic Senatorial Campaign Committee “will not invest in the Maine Senate race if Platner remains on the ballot.”

The post Graham Platner drops out of Maine Senate race, citing push to ‘end the genocide’ in parting message appeared first on The Forward.

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Rahm Emanuel: Democrats who support Israel can still lead the party to the White House

(JTA) — TEL AVIV — Pausing as he looked out at the packed hall at Tel Aviv University, Rahm Emanuel offered his audience a warning about what he was about to say.

“Hold your applause, because you may not like this,” he said, before laying out his proposal for U.S. sanctions targeting Israelis who attack Palestinian civilians and property, Israeli officials who voice support for that violence, and companies and banks that support “illegal settlements.”

The crowd applauded anyway — three separate times.

Under a 2017 law, Israel bars foreign nationals who publicly call for boycotts of Israel or its settlements from entering the country. Emanuel issued his call for sanctions from a stage in Tel Aviv, a measure of how far Democratic politics on Israel have shifted since Hamas’ Oct. 7, 2023, attacks.

Widely viewed as a possible contender for the 2028 Democratic presidential nomination, Emanuel, a former congressman, White House chief of staff, Chicago mayor and U.S. ambassador to Japan, and one of the most prominent Jewish figures in American politics, arrived in Israel on Sunday. His speech Wednesday afternoon, billed as “An Honest Conversation: The U.S.-Israel Relationship, Where It Stands Today and The Road Ahead,” was the keynote of the visit, and was meant to signal the need for a “fundamentally new and different approach”  to the U.S.-Israel alliance, as he put it.

Whether Emanuel’s critique will land with the Israeli establishment, or with the ruling coalition, remains to be seen. Emanuel made a point of avoiding Israel’s elected officials during his visit, including Prime Minister Benjamin Netanyahu, saying he did not want to interfere with elections set for the fall. He did meet with President Isaac Herzog, who is appointed by the government, as well as visit hospitals in Tel Aviv and Nablus that partner with each other.

But it was clear that it was resonating with attendees. Moti Porath told the Jewish Telegraphic Agency that he believed Emanuel correctly diagnosed the ailment at the heart of the Israeli government, a leader who has become an outcast abroad but remains too skilled a politician to easily dislodge.

Porath, who splits his time between Newton, Massachusetts, and Tel Aviv, and who attended the Massachusetts Institute of Technology at the same time as Netanyahu, said he recognizes the prime minister as a singularly talented political operator. “He’s a fantastic politician,” Porath said. “Maybe he’s a manipulator.”

To the attendees who spoke with JTA, Emanuel’s message was not anti-Israel but pro-Israel, in Porath’s telling, what a good friend is obligated to do when the other is acting out of line. Emanuel put it similarly from the stage, “True friends tell each other the truth.”

Porath said he hopes the United States and Israel can once again find “a common political vision,” but that doing so will require tough love from America’s next president.

The event was hosted by Tel Aviv University’s Center for the Study of the United States and moderated by its founding director, Yoav Fromer, alongside Yael Sternhell, the professor who heads the university’s American studies program. Organizers solicited questions from students in advance and said more than 100 were submitted.

But with a university audience likely to skew liberal, attendee Yoam Barash said the program would have benefited from a right-wing voice to push back on Emanuel’s comments, since most Israeli voters lean right. A February poll by the Midgam Institute for Israel’s Channel 12 news found 68% of veteran voters and 75% of those voting for the first time identify as right-wing. “Why didn’t they bring somebody from the right?” Barash asked.

Barash is the uncle of Daniel Barash, a managing director at the public affairs firm SKDK who helped organize the event  He attended with Hannah Winkler, a friend from his army days and now a doctor in the Tel Aviv area. She said she pins her hope not on the U.S.-Israel alliance but on a left-wing victory in the upcoming elections. “Without that, I have no hope,” she said.

Told that some attendees had wanted a more politically diverse lineup, Fromer defended the format. “This is academia,” he said. “The goals here are very different than they would be on a political panel.”

At the same time, Fromer echoed the attendees’ view that Emanuel’s message was that of a friend rather than an adversary. “To say to someone, look, I’m trying to save you, if you don’t change your behavior, you’re going to self-destruct — that’s someone who cares,” he said.

The stakes, in his telling, are high for Israel and for the university. “Israelis have become pariahs. We used to be admired, the most admired,” he said, echoing Emanuel’s own warning from the stage that Israel’s leadership has turned it into a “territorial pariah.”

The damage is not merely reputational, he argued. “It’s not just feeling bad. It has practical implications,” he said, speculating about investment and capital that will stop flowing, students and tourists who will stop coming, Israelis who will lose their jobs.

During the anti-Israel protests that swept U.S. campuses in 2023 and 2024, ties with Israeli universities, including Tel Aviv University, were frequent targets of divestment demands. Emanuel himself warned in his speech that Israel’s scientists face exclusion from international research networks and that its artists and academics are being shut out of exhibits and conferences.

Inside the hall, at least, the message was received. “Most of the people in this room are quite sympathetic to what you have to say,” Barash told Emanuel on stage. “That is not the case across Israel.”

The post Rahm Emanuel: Democrats who support Israel can still lead the party to the White House appeared first on The Forward.

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