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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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At Berlin screening, former Israeli hostages see film about their captivity rewritten after redemption
(JTA) — BERLIN — They stood outside Berlin’s Babylon theater, bundled against the cold, laughing and dragging on cigarettes: the Cunio twins David and Eitan, and their younger brother Ariel.
David and Ariel were among the last Israeli hostages released in October from Hamas captivity, after 738 days. Their presence in Berlin — for a screening of a film about them, now recut with a redemptive ending — felt almost like an apparition. On the other side of two heavy glass doors were hundreds of theatergoers, people who had long waited for this moment.
The brothers and their extended family were in Berlin for a second premiere of Tom Shoval’s film “Letter to David.” The original film, shown in 2025 at the Berlin International Film Festival, or Berlinale, dove deep into the struggles of a family whose members had been abducted from Kibbutz Nir Oz on Oct. 7, 2023. By then, six kidnapped members of the family, including three children, had been freed. But David and Ariel remained in captivity.
“Last year I was standing before the screening with a poster of David and Ariel. I was determined, every time I showed the film, to say that it’s an unfinished film,” Shoval told the sold-out audience at the theater in former East Berlin.
“And now I’m standing here. I have David in the audience, and I have Ariel in the audience,” he continued. “This is a precious, precious moment.”
The film “is a testament to love, hope and all the people who did not give up during the two years I was in captivity,” David Cunio said in Hebrew, standing on the stage with his extended family. “You gave me a voice when I could not be present. You were there for me.”
The film’s second showing came as tensions over the war in Gaza and Germany’s support for Israel roiled the Berlinale. After the jury’s president, director Wim Wenders, brushed off a journalist’s exhortation for the festival to take a stand against Israel, the Indian author Arundhati Roy announced she would not attend, and some 80 filmmakers and stars signed an open letter of protest.
Festival director Tricia Tuttle issued a statement saying that “artists should not be expected to comment on all broader debates about a festival’s previous or current practices over which they have no control. Nor should they be expected to speak on every political issue raised to them unless they want to.”
Journalists and filmmakers continued to raise the issue, even on the festival’s final weekend, when some award winners — including the Syrian-Palestinian director Abdullah Al-Khatib, who won best debut film — swatted back at the festival jury, criticizing what they see as Germany’s general support for Israel. Al-Khatib’s allegation that Germany has been “partners in the genocide in Gaza by Israel” prompted a German minister to walk out of the awards ceremony on Sunday.
Friday’s screening of “Letter to David” was by contrast a love fest, and the two police cars out front and uniformed officers circulating inside appeared to have little to do. The audience gave the entire family a standing ovation before the screening.
“I think this is a piece of history,” audience member Nirit Bialer, an Israeli who has lived for years in Berlin, said in an interview. “Just seeing the family, and just following the story about this family on the media, going to the Hostages Square in Israel every time I was there in the last two years: Wow, I’m speechless.”
The film’s original ending showed twins David and Eitan Cunio as actors, grappling with each other in an embrace that is both tender and violent, in a scene from Shoval’s feature film, “Youth,” screened at the Berlinale in 2013.
That ending now segues into a new conclusion, in which the reunited Cunio family embraces. They also view the film together, and Shoval captures their faces as the projector beams from behind.
Shoval said in an interview that he had not changed anything in the first part of the film. “I wanted to leave it as a time capsule, in a way, of how we perceived it back a year ago,” he said.
Though he had been invited to be with the family at their reunion, he chose not to, explaining, “I thought it’s a moment that belongs to them and not to me.”
But he spoke with David soon after he was released. And shortly afterward, he visited Sharon and David Cunio at their home. “I came in the morning and we sat until sunset together and we talked. Even when I’m thinking about it now, I’m getting emotional, because it was really…” He paused. “You’re waiting for a moment for this for so long.”
The Friday screening was not an official part of the Berlinale, but the beleaguered festival director Tuttle made a point of taking the stage herself. The film has been “finished in the way that Tom only hoped and dreamed and believed that he would be able to finish it,” she told the audience.
“We were horrified along with the world and all of you when David Cunio and many members of his family were abducted by Hamas,” she said. And on their release “we rejoiced with everyone as well.”
Saying that the new version was completed too late to be included in the festival schedule, Tuttle thanked two co-production companies that work closely with Israeli artists for backing Friday’s screening: the Israel-based Green Productions and the Berlin-based Future Narrative Fund.
Audience members seemed loath to leave the theater after the screening, lingering over what some described as mix of happiness and worry.
“The fact that David is able to see the movie makes us see the movie in a different way,” commented Konstantin, who had seen the original version last year. A young Jewish actor who lives in Berlin, he asked that his full name not be used, out of concerns about antisemitism. “With the ending, it’s like a full circle, completed.”
Seeing the film again with the Cunio family present “was very uplifting and very happy,” said Berliner Julia Kopp, who also saw the film last year. “But at the same time, it’s not a happy ending … I also have a bit of a heavy heart,” worrying about “how life will go on for them.”
Both brothers have indicated that reentry into everyday life has been challenging after two years of captivity for them and two years of traumatized advocacy by their loved ones. And Ariel Cunio and his partner Arbel Yehud, who was held in captivity until January, have raised nearly $1.8 million since launching a crowdfunding campaign last week aimed at allowing them the time and space to “come back to life.”
A crowdfunding campaign launched on behalf of David and Sharon Cunio their twin daughters, also former hostages, says, “The family not only has to deal with the trauma that follows being held hostage and the events that transpired on October 7th, but also needs to rebuild their entire lives from scratch.”
Shoval said the film — and the screening — offered a vision for what a more settled future might look like.
“For me, the film is about the unification of the brotherhood, and what that means to be torn apart from each other, but also to get back,” Shoval said. “They can sit in the theater and they can see themselves. They can see what they missed, what happened. They can project about the past, about the present. This is a power of cinema, I feel. It felt natural for me to do that: to bring them back.”
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He may have been the world’s most famous mime, but in this play, he won’t shut up
There is a kind of sublime poetry in Marcel Marceau’s first act.
As a young man in occupied France, Marceau (then Mangel) forged identity papers and shepherded dozens of Jewish children across the Alps to Switzerland. In scenarios where staying quiet was essential for survival, Marceau soothed his charges into silence with his own.
In Marcel on the Train, Ethan Slater and Marshall Pailet’s play of Marceau’s pre-Bip life, the world’s most famous mime is anything but silent.
The action of the play, which bounces through time back to Marcel’s father’s butcher shop and forward to a P.O.W. camp in Vietnam (don’t ask), unfolds over the course of a train ride. Slater’s Marceau is chaperoning four 12-year-old orphans, posing as boy scouts going on a hike.
The kids — played by adults — are a rambunctious lot. Marceau tries to put them at ease juggling invisible swords, performing Buster Keaton-esque pratfalls and exhausting his arsenal of Jewish jokes that circle stereotypes of Jewish mothers or, in one case, a certain mercenary business sense.
Pailet and Slater’s script toggles uncomfortably between poignancy and one-liners with a trickle of bathroom humor (the phrase “pee bucket” recurs more often than you would think.)
The terror of Marceau’s most melancholy escortee, Berthe (Tedra Millan) is undercut somewhat by her early, anachronistic-feeling declaration, “Wow, we’re so fucked.” The bumptious Henri (Alex Wyse) would seem to be probing a troubled relationship with Jewishness and passing, but does that discussion a disservice when he mentions how it wouldn’t be the biggest deal if he “sieged a little heil.” Adolphe (Max Gordon Moore) is described as “an exercise in righteousness” in the script’s character breakdown. Sure, let’s go with that.
The presence of a mute child, Etiennette (Maddie Corman), is tropey and obvious. It doesn’t suggest that she inspired him to abandon speaking in his performances, but it doesn’t dismiss that possibility either.
But the chattiness and contrived functions of the fictive children are made more disappointing by the imaginative staging maneuvering around the shtick. Slater, best known for his role in the Wicked films and as Spongebob in the titular Broadway musical, is a gifted physical performer.
When things quiet down, Pailet’s direction, and the spare set by scenic designer Scott Davis, create meadows of butterflies. Chalk allows Marceau to achieve a kind of practical magic when he writes on the fourth wall. One of the greatest tricks up the show’s sleeve is Aaron Serotsky who plays everyone from Marceau’s father and his cousin Georges to that familiar form of Nazi who takes his torturous time in sniffing out Jews.
Surely the play means to contrast silence and sound (sound design is by Jill BC Du Boff), but I couldn’t help but wonder what this might have looked like as a pantomime.
While the story has been told before, perhaps most notably in the 2020 film Resistance with Jesse Eisenberg, Slater and Pailet were right to realize its inherent stage potential. It’s realized to a point, though their approach at times leans into broad comedy that misunderstands the sensibilities of its subject.
Like Slater, who learned of the mime’s story just a few years ago, Marceau was an early acolyte of Keaton and Chaplin. But by most accounts he cut a more controlled figure — that of a budding artist, not a kid workshopping Borscht Belt bits on preteens.
The show ends with a bittersweet montage of Bip capturing butterflies (not jellyfish — you will probably not be reminded of Mr. Squarepants). It means to frame Marceau’s established style as a maturation that nonetheless retains a kind of innocence, stamped by the kids he rescued.
“You’ll live,” Berthe tells him in a moment of uncertainty. “But I don’t think you’ll grow up.”
In Marceau there was, of course, a kind of Peter Pan. But there’s a difference between being childlike and being sophomoric.
Marcel on the Train is playing through March 26 at Classic Stage Company in New York. Tickets and more information can be found here.
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US soldier who protected Jews in POW camp during WWII to be awarded Medal of Honor
(JTA) — An American soldier who is credited with saving the lives of 200 Jewish comrades in a prisoner of war camp in Germany during World War II will receive the U.S. military’s highest decoration, the Medal of Honor.
The award to Roddie Edmonds, who died in 1985, was announced last week. It comes more than a decade after Israel’s Holocaust memorial, Yad Vashem, recognized him as a “Righteous Among the Nations” for his bravery and six years after President Donald Trump recounted his heroism during a Veterans Day parade.
Edmonds, a sergeant from Knoxville, Tennessee, was the highest-ranking soldier among a group taken prisoner during the Battle of the Bulge in January 2045 when the Nazis asked him to identify the Jews in the group. Understanding that anyone he identified would likely be killed, Edmonds made the decision to have all of the soldiers present themselves as Jews.
When a Nazi challenged him, he famously proclaimed: “We are all Jews here!”
The show of solidarity came to light only after Edmonds’ death, when a Jewish man who had been among the soldiers at the camp shared his recollection with the New York Times as part of an unrelated 2008 story about his decision to sell a New York City townhouse to Richard Nixon when Nixon was having trouble buying an apartment following his resignation as president.
When they found the article several years later, it was the first that Edmonds’ family, including his pastor son Christ Edmonds and his granddaughters, had heard about the incident. Soon they were traveling to Washington, D.C., and Israel for ceremonies honoring Edmonds, one of only five Americans to be credited as Righteous Among the Nations, an honor bestowed by Israel on non-Jews who aided Jews during the Holocaust.
As the family campaigned for a Medal of Honor, Edmonds was also the recipient of bipartisan praise from two American presidents.
“I cannot imagine a greater expression of Christianity than to say, I, too, am a Jew,” President Barack Obama said during remarks at the Israeli embassy in Washington, D.C., on International Holocaust Remembrance Day in 2016.
Three years later, President Donald Trump recounted the story at the New York City Veterans Day Parade. “That’s something,” he said. “Master Sergeant Edmonds saved 200 Jewish-Americans — soldiers that day.”
Last week, Trump called Chris Edmonds to invite him to the White House to receive the Medal of Honor on his father’s behalf, Chris Edmonds told local news outlets. The Medal of Honor ceremony is scheduled for March 2.
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