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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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How to pursue justice: 5 lessons from the life of Stan Levy
At a time of so much division and injustice, when the temptation is to retreat into outrage or into ourselves, there is much to be learned in the life of our friend, Stan Levy.
Stan, who died Nov. 5 at the age of 84, founded Bet Tzedek Legal services and was a fixture in the Los Angeles legal, philanthropic and Jewish communities for close to 60 years. Ensuring fairness where it was absent was Stan’s calling, both as a lawyer and a rabbi.
How he set out to do that — the sheer range of his accomplishments — is daunting: an experienced concert promoter, a corporate general counsel and law firm partner at Manatt, Phelps & Phillips, an ordained rabbi, the founder and spiritual leader of a thriving congregation, B’nai Horin, the founder of a transdenominational rabbinical and cantorial school, the Academy of Jewish Religion, and, for good measure, the visionary behind the founding of three of the community’s most important legal aid organizations — Bet Tzedek, Public Counsel and the Western Center on Law & Poverty.
But the lessons behind the list matter more.
The first lesson: pay attention to the people others don’t see. The 1970s were something of a heyday for legal services, the funding relatively more plentiful and far less controversial than today. But Stan saw something few others did. There were no free legal services in what was then the center of Jewish life in Los Angeles, the Fairfax District. He recognized the significant needs of Holocaust survivors, a group otherwise invisible to most, and other low-income individuals and families living in the heart of the Jewish community. And in 1974, he founded Bet Tzedek Legal Services.
From its start as a small legal clinic in 1974, Bet Tzedek now draws on more than 1,100 staff and pro bono attorneys, and helped more than 82,000 people of all backgrounds in 2025. In 1970, before he turned 30, Stan launched Public Counsel, now the largest pro bono law firm in the country.
The second lesson of Stan’s life: build the institution, then let it outgrow you. Along with co-founder Luis Lainer, Stan continued to be a board member of Bet Tzedek for more than 50 years.
There was no founder’s syndrome for him. At various times we both served as CEOs at Bet Tzedek. We never heard Stan say, “That’s not the way we have done it.” Instead, he encouraged us and embraced changes. After 50 years, he was younger and more restless than the rest of us.
The third lesson: learn from everyone — especially from your own tradition. Stan was known to quote the likes of Rabbi Abraham Joshua Heschel and Muhammad Ali with equal fluency. His favorite quote from Heschel was, “An act of injustice is condemned not because the law is broken, but because a person has been hurt.” His favorite from The Greatest was, “Service to others is the rent I pay for my room here on earth.”
He was a Jewish leader deeply versed in Jewish learning — it’s not as common as you’d think. In 1968, Stan founded B’nai Horin, which translates as “Children of Freedom.” The congregation was never affiliated with a movement and remained welcoming to all, drawing hundreds to its High Holy Days services, b’nai mitzvah classes and Shabbat services.
In 2001, seeing the need for a seminary that would educate professionals like him who wanted to more deeply explore their Judaism, Stan co-founded the transdenominational Academy of Jewish Religion in Los Angeles, which ordains rabbis, cantors and chaplains. Stan could passionately explain access to justice while drawing on Jewish history, tradition and teachings.
The fourth lesson: successful leadership is measured by the number of people you lift. The impact Stan had on our individual lives reflects the way he touched so many people. He guided our careers, helped guide us into leadership positions at Bet Tzedek, performed Mitch’s wedding and led shiva services for David’s parents.
When David launched The Justice Ball, a new era in legal aid fundraising events, it was Stan who negotiated the contracts for the famed musical acts who appeared. When Mitch launched the Holocaust Survivor Justice Network, a national pro bono program, Stan stepped away from his role as a law firm partner and ran the program across the country. He created an international network of more than 5,000 attorneys who have helped secure over $200 million in reparations for survivors. He was a founder who never hesitated to show up to do the work.
The last lesson he taught us may be the most important: Stan and his wife Lynda were inseparable, a power couple before there was such a thing. His sons, Jules, Aaron and Joshua, were the subject of so many of his stories. Stan could balance being a Renaissance Man with his greatest talent of all, being a Family Man. Neither suffered for the other; he had room in his heart for his passions and his loves.
The world is far from healed — though not for Stan’s lack of trying. His life points the way forward for all of us: find the people who’ve been overlooked, build something to serve them, bring everyone you can into the room — and then keep going.
Stan Levy, may your memory be a blessing.
The post How to pursue justice: 5 lessons from the life of Stan Levy appeared first on The Forward.
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A Philadelphia bike ride targeting Jewish-owned businesses on the eve of Kristallnacht anniversary spurs outrage from city and state leaders
(JTA) — PHILADELPHIA – A bicycle ride promoting the boycott of businesses in Center City Philadelphia that organizers claim are complicit in Israeli military actions is drawing scathing criticism from state leaders.
Jewish groups in the city are calling the ride blatantly antisemitic, noting that it targets Jewish-owned businesses on Nov. 8, the eve of the 88th anniversary of Kristallnacht, the “Night of Broken Glass” when Nazi rioters vandalized and burned German Jewish businesses, synagogues and homes, a major escalation of Nazi persecution of Jews.
Organizers insist the timing is coincidental, and in statements posted on their Instagram pages accuse their critics of being “cynical” and weaponizing antisemitism to target pro-Palestinian advocates.
The Instagram post advertising the event in Rittenhouse Square reads: “Ride around Rittenhouse with us as we show these Zionist business owners that we see them for the disgusting human beings they are.” It continues, “We’ll flag as many bikes as we can and show our solidarity with the Palestinian community and oppressed folk everywhere.”
State and city officials expressing outrage at the planned ride include Philadelphia Mayor Cherelle Parker, a Democrat, Pennsylvania Attorney General Dave Sunday, a Republican, and Gov. Josh Shapiro, a Jewish Democrat considered a contender for the 2028 Democratic presidential nomination.
“As Mayor, I serve every Philadelphian under the explicit premise that freedom of speech and freedom from fear are not competing values,” Parker said in a statement. “No one should be targeted, threatened, or made to feel unwelcome because of their faith, identity, or background. Singling out businesses because their owners are Jewish is unacceptable and has no place in our city.”
A spokesperson for Shapiro, whose official residence was set ablaze on Passover last year by a man enraged by Israel’s conduct in Gaza, said the ride was clearly antisemitic.
“This bike ride, masquerading as a protest to advance the cause of justice, is nothing more than blatant antisemitism designed to intimidate and drive Jewish businesses out of our communities and there is no place for that in our commonwealth,” the spokesperson said.
Sunday said the restaurateurs were targeted because they are Jewish. “By explicitly targeting businesses because their owners are Jewish, the organizers are engaging in a form of discrimination that falls back on some of the oldest antisemitic tropes and tactics in history,” he said.
Hearing such support not only from political leaders but also from interfaith leaders throughout the city has left Philadelphia Board of Rabbis president David Levin “gratified.” “We’ve received broad-based support,” Rabbi Levin told the Jewish Telegraphic Agency. “The Jewish community obviously is finding it outrageous, but our civic leaders have stepped up with public comments.
“And my faith partners from other denominations have reached out to us in solidarity and support,” Levin said. “I’m delighted Philadelphia has lived up to its tagline as the City of Brotherly Love. We are feeling that.”
He called on those sympathetic to the businesses not to interfere with the bikers. “The worst thing we could do is find ourselves in a place where there’s confrontation and this thing escalates and people potentially put themselves in a position where they could get hurt,” Levin said.
“I’ve been sort of using the tagline ‘Keep the streets empty and the restaurants full,’” he said. “The best thing we can do in the days and weeks ahead is support these restaurateurs trying to make a living, and our community is turning out in droves.”
The organizers, Philly Bike On Your Left in collaboration with Philly Writers Against the War on Gaza, Boycott CookNSolo and Philly Solidarity Calendar, posted the invitation to join on Oct. 30 on Instagram.
“We call for a boycott because the owners materially and ideologically support the ongoing occupation and genocide of Palestinians,” Boycott CookNSolo, named for the restaurant chain owned by Israeli American celebrity chef Michael Solomonov, said. “Profits from their enterprises and from their fundraising efforts have been used to fund the occupation and to support pro-genocide interest groups in the U.S. and ‘Israel.’”
It is not clear why the organizers believe the businesses are tied to any “occupation,” or how they are “pro-genocide.”
Solomonov, who declined to comment, has been targeted in the past for fundraising for United Hatzalah, a first responder rescue group that works with a wide range of civil and government bodies in Israel and abroad, including the IDF. One such fundraiser came after the group said its resources were stretched thin due to their work to save lives and preserve the dead after the Oct. 7, 2023, deadly Hamas raids inside Israel. Other restaurant owners appear to have been targeted, according to protest organizers, for expressing support for Israel on social media after the attacks, which killed 1,200 people inside Israel.
Boycott CookNSolo also said that drawing attention to the Kristallnacht timing was “a cynical take that is not only offensive to the historical victims of Nazi persecution but an intentional distraction from the actual pogroms currently taking place in the West Bank and the wholesale destruction of life and livelihood in Gaza, Lebanon, Syria, and Iran.”
Schlesinger’s Deli owner Allan Domb, one of the targeted owners, said he was heartened by the broad support he received.
“It’s upsetting to see this level of hatred against four business owners for no reason,“ said Domb, a former Philadelphia city councilman. “It’s blatant antisemitism. But the positive side is, the amount of support from Philadelphia and outside of Philadelphia has been amazing.”
This article originally appeared on JTA.org.
The post A Philadelphia bike ride targeting Jewish-owned businesses on the eve of Kristallnacht anniversary spurs outrage from city and state leaders appeared first on The Forward.
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Pro-Israel conservatives blast JD Vance for blaming Israel after GOP midterm losses
(JTA) — Conservative pro-Israel voices are lashing out at Vice President JD Vance after he linked the Republican Party’s massive midterm losses to the country’s relationship with Israel and the war in Iran.
Vance on Wednesday said that “the real reason we lost is obvious to almost everyone” and listed four strategies to bring back voters: end the war in Iran; focus on the cost of living and inflation; put America first and “change our relationship to Israel.”
Eric Levine, a board member of the Republican Jewish Coalition, told the Jewish Telegraphic Agency that he doesn’t “recall seeing a single exit poll in which any voter identified ‘change our relationship with Israel’ as a factor in their voting decision.”
“It makes you wonder why he would make such a claim,” Levine added.
Conservative radio personality Sid Rosenberg, a Jewish New Yorker and friend of President Donald Trump, slammed the vice president and cited his “constant calls for a ceasefire” as the reason why the conflict with Iran has persisted.
“Vance is a disloyal, agenda driven problem for our party moving forward,” Rosenberg wrote on X, urging Trump to replace him as chief Iran negotiator with Secretary of State Marco Rubio, a favorite of Rosenberg’s and other Jewish conservatives for the 2028 GOP presidential nod.
Rosenberg has long criticized Vance for not being “strong enough on Israel” and has demanded that Vance distance himself from Tucker Carlson, a right-wing commentator who condemns U.S. military aid for Israel and who has been accused of amplifying antisemitic tropes.
In September, Rosenberg accepted an invitation to meet with Vance at the White House, as the vice president attempted to make overtures to the Jewish community following a series of controversial remarks about Israel. Following the meeting, Rosenberg reported that he and Vance “hit it off,” adding that the two men would likely have “many more meetings about very substantial things” in the future.
“He is willing to listen,” Rosenberg said at the time. “I don’t think by any stretch that JD Vance hates Israel, hates the Jewish people.”
Jonathan Greenberg, director for combatting antisemitism at Defending Education and a former staffer for the American Israel Public Affairs Committee, told JTA earlier this week that he viewed Vance’s comments as “nonsense.”
“The same Islamist-communist alliance that’s infiltrating our schools and teaching our kids to hate America is the same alliance that Israel is fighting,” said Greenberg, who ran for state office in Illinois as a Republican in 2012 but is now unaffiliated.
“The idea that we’re going to take an ally in that fight and feed them to the same ogre that’s coming after us makes absolutely no sense to me,” he added. “I think the vice president’s wrong.”
CUFI Action Fund, a nonprofit branch of the pro-Israel advocacy group Christians United for Israel, described the vice president in a statement as “clearly, demonstrably and unambiguously wrong.”
“In a list of the top four reasons the Republicans lost, the Jews were effectively blamed twice if you can hear that pitch of dog whistle,” the statement said, referring to Vance’s fingerpointing to both Israel and the war in Iran.
“This war should’ve been over months ago, and if the vice president wants someone to blame for that, he needs only look in the mirror,” the organization said, alluding to the argument that Vance’s proposed concessions to Iran helped spur the war instead of ending it. “The Vance-Carlson movement, which we call woke rightism, is as loud as their candidates are weak.”
This article originally appeared on JTA.org.
The post Pro-Israel conservatives blast JD Vance for blaming Israel after GOP midterm losses appeared first on The Forward.
