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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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In David Baerwald’s epic tale of espionage and wartime horrors, family history is stranger than fiction
“When I started out writing this book, my model wasn’t James Clavell,” David Baerwald said with a laugh, as he paused for a smoke break at a waterfront picnic table in his current hometown of Kingston, New York. “It was more like Bernard Malamud, or something; it was this kind of interior, depressing thing about a family coming to grips with its crimes — the hazards of epigenetic traumatic memory in a family, and what it does to people. It was a much more personal tale, you know? I wasn’t really thinking of this huge, swashbuckling thing.”
The Fire Agent, Baerwald’s debut novel, is indeed a huge, swashbuckling affair, an epic, massively entertaining and often gut-punchingly horrifying tale of international espionage spanning four continents, two world wars and countless collisions between heartfelt idealism and the harsh realities of human behavior over its 600 pages. Though some of its characters and most of its conversations are fictional, The Fire Agent is firmly grounded in actual historical events and figures both well-known and obscure — some of which are truly stranger than fiction.
“I would not have dared to make up most of this,” Baerwald said with a shrug. “Some of the characters are so over-the-top, they’re like super-villains from a Bruce Lee movie or Get Smart. The Black Dragon Society? Treasure hoards of Chinese gold? That all sounds ridiculous, like something out of Terry and the Pirates, or fucking Indiana Jones. But it all happened! I really wanted to provide people with clues, so that they could look into the actual history, because I found it so interesting.”
Much of The Fire Agent’s plot is based around the life and career of Ernst Baerwald, the author’s actual grandfather, a German Jew who spent several decades in Japan — ostensibly working as a liaison for the German chemical conglomerate IG Farben, though the position served as cover for his extensive and deeply impactful espionage activities on behalf of the German (and later the United States) government. Long dead by the time his grandson was born in 1960, Ernst rarely came up in family conversation. “He went largely unrecognized in his lifetime,” said Baerwald. “Nobody ever really talked about him, and from what people would tell me about my grandfather, I had the impression that he was this kind of bum that sold ink on the streets in Tokyo. I had no idea that he’d led this crazy life!”
It wasn’t until about eight years ago, when Baerwald was cleaning out his parents’ wildfire-threatened West Los Angeles home, that he got an initial glimpse at Ernst’s actual occupation. “There were two boxes with a bunch of his papers that were in his office when he died,” Baerwald said. “They’d just been packed up and put away and buried under, like, 1960s-era skis and gardening equipment. In fact, I was gonna throw them away without looking at them; I was like, ‘Well, I’ve lived long enough without them.’ But this woman that was working with me, archiving the things in the house, she was like, ‘Well, let’s have a look.’”
Along with Ernst’s diaries and letters, Baerwald found maps and photographs of Japan, a Samurai sword and a miniature spy camera from the 1930s, and a speech that his grandfather had given to a U.S. government-run spy school in San Francisco in 1943. “I realized that there was, in fact, a huge story here that I needed to uncover,” Baerwald recalled. “That speech to the spy school was really the map to a huge portion of what I was soon to be researching. I didn’t know where it would take me, I didn’t know what it was for; I just knew that that was what I had to do, and suddenly that became my only thing in life.”
Baerwald is singer-songwriter, multi-instrumentalist and film and TV composer best-known for Boomtown, his platinum-selling 1986 album by David & David, his duo with musician and producer David Ricketts, as well as his Golden Globe-nominated song “Come What May” from the Moulin Rouge! Soundtrack. His songs have been recorded by such disparate luminaries as Waylon Jennings, Sheryl Crow, Susanna Hoffs, Fishbone and Olivia Newton-John, but Baerwald said that writing a novel felt surprisingly natural for him.
“My first role was research, not writing,” he said. “But I did write some scenes just to see if I could do it, to see if I could actually write longform without meter or rhyme schemes, and it was like stepping into a warm, welcoming seat. You can get to feeling pretty claustrophobic as a songwriter; I’d accumulated a lot of rules for myself over God knows how many decades of doing that, just to survive — practices that I had acquired, mindsets — and I was happy to let them go, frankly. And I realized that there were a lot of things that I learned from not just lyric writing, but composition, that applied to writing a novel. When you’re composing for monophonic instruments like flutes or strings, they play the chords together as a group, but they’re each playing individual lines; and when you’re structuring complicated human interactions, that kind of muscle memory is really handy.
“To me, plots are like chord changes,” he continued. “They’re signifiers for change, but the real change is happening within the chord. It’s actually like a thousand minnows swimming in vaguely the same direction, rather than these monolithic events that proceed one after the other; there’s always a certain individuality in their movement. So if you think about characters like, ‘Here’s the cello section, and here’s the percussion,’ or whatever, it enables you to structure these sort of complicated scenes where everybody’s got some agenda, and everybody’s got their own melody that they’re singing.”
And as Ernst’s improbably cinematic life gradually unfolded for Baerwald through the diaries and correspondence of his grandfather and other family members (including Baerwald’s father Hans, who taught political science and Japanese studies at UCLA for 30 years), the plot of The Fire Agent fell into place. “I didn’t really need to outline the plot, because I already had the outline. It was his life — and it was like, ‘Wherever he goes, I go,’” he said with a laugh. “I just did research along the way to find out what he was doing and what was happening around him. Whether there’s a huge earthquake or whether there’s a plague or whether there’s a war, it kind of gives you the plot point, right there.”
Far more challenging for Baerwald was dealing with the “emotional rollercoaster” of researching the many soul-crushing horrors that his grandfather witnessed (and, in some cases, was directly involved in) as a soldier, citizen and spy. “I would find myself just weeping more than once,” he said. “You just find yourself coming across these artifacts that really take you into the historical moment, and it’s really powerful. I remember I was in the rare books library at Columbia, looking at my uncle’s papers, and there was a letter from one of the soon-to-be-dead fighters during the Lublin Massacre, and it’s 28 pages of just savagery. So I’m sitting there, reading the details of this doomed-yet-heroic effort, and I feel this little tap on my shoulder, and this girl says, “Excuse me, Sir, I’m sorry — there’s no crying on the manuscripts.’”
Indeed, one of the major themes running through The Fire Agent is mankind’s innate ability to solve a major problem while creating even worse ones with the solution. Early on in the story, Ernst is present at the unveiling of the Haber-Bosch process, the revolutionary industrial development which enabled man to produce synthetic ammonia on a grand scale — a discovery which then allowed the industrial synthesis of nitrogen fertilizers, which were desperately needed by farmers across the globe at the beginning of the 20th century. Unfortunately, while this discovery saved humanity from worldwide famine, the industrial-scale production of ammonia and ammonium nitrate also resulted in tremendous carnage on the battlefield and elsewhere.
“I knew that there was going to have to be some reference in the book to the transformation from life-giving fertilizers to life-taking gunpowder and phosgene gas,” said Baerwald. “The Haber-Bosch process has made the lives of the probably 7 billion people alive today possible, but it’s bleached the coral in the ocean, and the high-pressure tests that emerged from it ultimately fueled the Nazi air force and tanks and trucks…
“There are a lot of scientists in my family,” he said, “and one of them said something to me once that I put in Albert Einstein’s mouth in the book: ‘Look at us — we’re in the dreamiest of sciences, astrophysics, and what are we doing? We’re making missile trajectories and warheads.’ And that’s been a kind of a refrain in my family for my whole life, this awful feeling of being trapped in a sociopathic system that takes everything beautiful and turns it into a weapon somehow, that takes brotherhood and camaraderie and turns it into teams and armies, and takes love and turns it into prostitution.
“One of the reasons I chose the music business was that I didn’t want to be part of all that. I thought, ‘Even at its very worst, at least I’m not making weapons!’” Baerwald said. “But apparently, I am! Ultimately, the record companies started merging with multinational corporations who made fucking nuclear weapons, and now Spotify has gobbled up all my friends’ livelihoods and is investing in AI weapons. You can’t get away from this shit!”
Though he’s currently busy promoting The Fire Agent, Baerwald says that a sequel is already in the works, one which will include material cut from the first novel. “I’ve been like a guy chasing a piece of paper across a windy field for like seven years,” he said. “The full story was always just slightly out of reach — for the 600 pages that I ended up with, I wrote probably 1400. I wanted to take The Fire Agent up to 1980, but I realized that there was no way I’d physically able to do it; I honestly thought I was going blind by the end of it. But now I’m really looking forward to working on the next one.”
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Bamba blankets NYC after Park Slope Food Coop vote to boycott Israeli products. What’s next?
(JTA) — Jewish institutions are responding to a boycott of Israeli products at a Brooklyn grocery store by buying up Bamba.
Four thousand free bags of the Israeli peanut butter-flavored snack made their way Sunday along the Celebrate Israel Day Parade route up Fifth Avenue, passed around by volunteers with UJA-Federation of New York.
It was the organization’s first response to a contentious election result at the Park Slope Food Coop, the members-only Brooklyn grocery store that last week voted to boycott Israeli products. Bamba is one of the products no longer sold at the coop as a result of the boycott and a symbol of the Israeli snack food industry.
The Bamba distribution was coordinated by UJA, which was a sponsor of the parade, and the nonprofit group Met Council, which will also be distributing bags across their network of food pantries. (An initial purchase of 20,000 bags was made by UJA in the wake of the coop vote last week.) The snacks were brought to UJA’s office by truck on Friday.
The Met Council will distribute the remaining Bamba to the hundreds of food pantries who receive its food deliveries, including the 14 it owns and operates, by next week, CEO David Greenfield told the Jewish Telegraphic Agency.
“They smartly decided to make lemonade out of lemons,” Greenfield said of the UJA initiative. (Some of the pantries, he noted, may decline the Bamba anticipating clients with peanut allergies.)
The Bamba will be added as an additional free snack item to pantry clients’ usual takeaways. Some of it will also be delivered directly to Holocaust survivors within the Met Council’s network.
Sunday’s parade was a respite for members of the Jewish community who say they felt alienated in the wake of the coop vote Tuesday night. But it was also controversial due to New York City Mayor Zohran Mamdani’s decision not to attend — a mayoral first — and the surprise appearance of far-right Israeli Finance Minister Betzalel Smotrich.
But why purchase the popular Israeli snack in bulk, as opposed to encouraging local grocery stores to stock up on it and other Israeli items?
“There are a bunch of ideas on the table,” Hindy Poupko, senior vice president of the UJA-Federation told JTA. “We wanted to do something in the immediate aftermath of the boycott to demonstrate solidarity with the anti-boycott members of the coop, and all the work that they put into it. We wanted to immediately demonstrate to our community that we are able to respond quickly when these things happen, and also demonstrate that we will always be on the side of coops working together — not engaging in boycotts.”
One option UJA is floating, Poupko said, is an Israeli fair at a number of Jewish community centers where visitors can purchase Israeli goods.
Some advocates have even begun taking legal action against the coop, hoping to see the items restored to the shelves.
A group of pro-Israel activists filed a cease and desist motion in response to the boycott, alleging that the boycott itself is illegal and discriminatory.
CUNY law professor Jeffrey Lax announced in a post on X Wednesday that he had filed a New York State Division of Human Rights complaint on behalf of his Jewish advocacy group alleging that the boycott violates a state law that prevents the boycott or blacklist of products based on protected classes, including national origin.
“Instead of bringing neighbors together, this community institution chose to alienate many of its longtime Jewish members and their allies by banning a handful of Israeli products,” the ADL of New York/New Jersey said in a Thursday statement on X. “This move does nothing to advance peace in the Middle East; instead, the heinous rhetoric about Israel and Jews invoked in the process to ban these products contributes to the intense climate of antisemitism in NYC.”
The coop itself has not responded to JTA’s requests for comment. Activists aligned with the boycott, which passed with a 67% majority, referred JTA back to a press release distributed immediately following the vote last week.
“Tonight’s win is proof that cooperative movements are powerful models for exercising solidarity and participatory democracy,” coop board candidate Taylor Pate said in the May 26 statement.
In addition to Bamba, a variety of bell pepper sold only in the winter, persimmons, olive oil, sesame products, and Dorot frozen herb cubes are affected by the Park Slope Food Coop boycott. Two of the brands, Al Arz Tahini and Equal Exchange olive oil, are made at least in part by Arab-Israelis.
Asked for comment in regards to the coop vote results, Jewish Community Relations Council CEO Mark Treyger, through a spokesperson, referred JTA to a May 9 sermon by Congregation Beth Elohim senior Rabbi Rachel Timoner, in which she called it “the hyper local example of a proxy war.”
“If the boycott was designed to change Israel’s policies or to create a Palestinian state, or if it had the goal of safety, freedom, and equality for both Israelis and Palestinians, many of us would support it,” Timoner added. “But the BDS movement is not that.”
Timoner clarified her stance on the boycott at the coop in a sermon days after the vote.
“I do think that there is a lot of antisemitism threaded through the entire conversation about Israel,” Timoner said in the May 29 sermon. “But the vast majority of people who voted for that boycott were simply trying to say that what is happening to the Palestinians is wrong.”
A representative for Nestlé, the parent company of Osem, which manufactures Bamba, did not respond to a request for comment about the boycott.
The boycott means Brooklynites will have one fewer place to buy Bamba, the now ubiquitous snack that has been sold at Trader Joe’s for the last decade and is credited with reducing the prevalence of peanut allergies in Israel.
There’s at least one other place in New York City where Bamba was once available and no longer is. In March 2021, at the opening of baseball season, Bamba and the New York Mets announced a partnership in which the snack would be sold at the stadium in the main snack kiosks. The following year, the baseball team and the snack launched a sweepstakes for children to win free tickets to a game.
Since a March 2023 announcement that the brands would partner again for the season, Bamba has not publicly commented on their partnership. The Mets did not respond to a request for comment.
This article originally appeared on JTA.org.
The post Bamba blankets NYC after Park Slope Food Coop vote to boycott Israeli products. What’s next? appeared first on The Forward.
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Hezbollah rejects US-brokered ceasefire deal struck by Lebanon and Israel
(JTA) — Hezbollah appears to have rejected a ceasefire that the United States brokered between Israel and Lebanon, where the Iranian proxy is based.
The deal reportedly would have allowed Israel to remain in southern Lebanon, where it has established a buffer zone, but not permit any attacks in Beirut unless Hezbollah attacked Israel within its own borders. It would also have required Hezbollah fighters to leave the buffer zone.
A top Hezbollah leader said accepting a demand to leave southern Lebanon would amount to “surrender” for the group.
“What we are concerned about is an end to the aggression, ceasefire and Israel’s withdrawal,” Secretary-General Naim Qassem said in a televised statement on Thursday, the Associated Press reported. “We did not make any commitment to any party to stop resisting as long as there is occupation.”
Dozens of Israeli soldiers have died in the fighting, which Hezbollah is increasingly prosecuting with the use of drones.
The rejection comes as the U.S. House of Representatives voted to rebuke President Donald Trump and his war on Iran on Wednesday, narrowly passing a resolution that limits Trump’s power to continue the war without congressional approval.
Four Republicans voted with Democrats on the bill, in a sign of how opposition to the war, which Trump launched jointly with Israel in February, is crossing party lines ahead of high-stakes midterm elections in the United States.
The bill would not require presidential signoff but is seen as unlikely to substantively change Trump’s handling of the war, which he has insisted does not require congressional approval.
Trump called the vote “meaningless” in a post on Truth Social on Thursday morning.
“Yesterday, in a meaningless vote, the House voted, 4 bad Republicans and all of the Dumocrats, to limit my War Powers, right in the middle of my final negotiations to end the War with the Islamic Republic of Iran,” he wrote. “Who would do such an unpatriotic thing.”
The bill now goes to the Senate, where a similar measure has advanced in recent weeks, also with support from a handful of Republicans. It comes at a delicate time, as an uncertain ceasefire struck in early April has now stretched on without a resolution for longer than active hostilities unfolded. Trump has failed to achieve the terms for a deal to permanently end the war that he said he wanted, and this week said he thought the constant negotiations had grown “very boring.” Hezbollah’s apparent rejection of a ceasefire deal is another setback.
Iran has continued to battle during its ceasefire with the United States, though not against Israel: On Wednesday, it struck Kuwait’s main airport, killing one and injuring 60.
Also on Wednesday, Trump confirmed reports that he had called Israeli Prime Minister Benjamin Netanyahu “f—ing crazy” during a call on Monday in which Trump pressed Netanyahu to strike a ceasefire with Hezbollah, Iran’s proxy in Lebanon. Trump told a New York Post podcast that he was “a little perturbed at his constantly fighting with Lebanon” but that he liked Netanyahu and worked well with him.
This article originally appeared on JTA.org.
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