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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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Itamar Ben-Gvir draws criticism from Netanyahu for video taunting detained flotilla activists
(JTA) — Prime Minister Benjamin Netanyahu has joined a chorus of Israelis and Jews denouncing his national security minister, Itamar Ben-Gvir, for posting a video that showed Ben-Gvir taunting detained activists from a Gaza-bound aid flotilla that had been intercepted by the Israeli navy.
“Welcome to Israel, we are the masters,” Ben-Gvir said in the video as he waved a large Israeli flag above the detained activists, who could be seen blindfolded and kneeling on the ground with their hands behind their backs.
Roughly 430 activists that took part in the Global Sumud Flotilla, which set sail from Turkey last Thursday, were brought to the city of Ashdod aboard Israeli naval ships on Wednesday, marking the latest in a long-running series of confrontations between Israel and activists seeking to break its naval blockade of Gaza.
In a second video posted on social media, Ben-Gvir said that the activists “came here all full of pride like big heroes. Look at them now,” appealing to Netanyahu to grant him permission to imprison them.
ככה אנחנו מקבלים את תומכי הטרור
Welcome to Israel 🇮🇱 pic.twitter.com/7Hf8cAg7fC
— איתמר בן גביר (@itamarbengvir) May 20, 2026
Netanyahu said in a statement that he had instructed authorities to deport the activists “as soon as possible.” But he also offered a public rebuke of Ben-Gvir.
“Israel has every right to prevent provocative flotillas of Hamas terrorist supporters from entering our territorial waters and reaching Gaza,” Netanyahu said. “However, the way that Minister Ben Gvir dealt with the flotilla activists is not in line with Israel’s values and norms.”
The foreign ministers of several countries, including Canada, Spain, France, the Netherlands and Italy, also condemned the videos and summoned their Israeli diplomats to answer for the display.
But some of the sharpest criticism came from within Israel, where Ben-Gvir plays a crucial role in maintaining the governing coalition while also engaging in antics that threaten to flare tensions and undercut the country’s claims that it behaves in accordance with international law.
Ben-Gvir is “not the face of Israel,” tweeted Foreign Minister Gideon Saar in English.
“You knowingly caused harm to our State in this disgraceful display — and not for the first time,” Saar wrote. “You have undone tremendous, professional, and successful efforts made by so many people — from IDF soldiers to Foreign Ministry staff and many others.”
Ben-Gvir’s videos come as his antics and rhetoric have drawn new scrutiny in recent days. Last week, he departed from longstanding norms and waved an Israeli flag on the Temple Mount, a Muslim holy site, in a show of Jewish supremacy. His oversight of Israeli prisons, where he has said he wants to see prisoners given only the minimum of food and comfort as required by law, also drew attention because of a New York Times column alleging sexual abuse of Palestinian prisoners.
Progressive groups heavily criticized Ben-Gvir’s video, saying that it was inappropriate for him to be part of the Israeli government.
“The disgusting images of Israel’s National Security Minister abusing detainees from the Gaza flotilla are not just bad optics,” tweeted Mickey Gitzin, the acting CEO of the New Israel Fund. “A government that gives a Kahanist this kind of power has already abandoned any notion of decency. These grotesque images are the real face of current Israeli policy.”
Ben-Gvir’s videos showing the treatment of participants in the latest flotilla offered a contrast to other recent interceptions in which Israel has released footage appearing to show activists being treated without force. When past arrestees from flotillas have alleged abusive treatment, Israel has denied it.
The organizers of the Global Sumud Flotilla said all of its boats had been intercepted by Israel by Tuesday evening, accusing Israel of employing “illegal, high-seas aggression.” The Israeli Foreign Ministry said no live munition was used during the operation, which it said was necessary because it will “not permit any breach of the lawful naval blockade on Gaza.”
Among the activists aboard the more than 50 boats in the flotilla was the sister of Irish President Catherine Connolly. On Tuesday, Connolly, who was elected in October and has a record of anti-Israel rhetoric, called the detention of Irish activists aboard the flotilla “unacceptable.”
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What Tuesday’s primaries tell us about Democrats, Republicans and the Israel issue
(JTA) — Reading the polls and listening to conservative podcasts, you would understandably think that Republicans are souring on Israel and poised to start voting like Democrats on the issue. At least a little. But the congressional primary results Tuesday in Philadelphia and northern Kentucky tell a more nuanced story (at least for now).
Chris Rabb’s win in the Democratic primary for a congressional seat representing sections of Philadelphia reinforced the view that staunch anti-Israelism is arguably the most potent force in Democratic politics today. The Pennsylvania state representative executed the progressive playbook perfected by New York City Mayor Zohran Mamdani, showing how tough talk on Israel and AIPAC can galvanize the party’s left-wing base.
In Mamdani’s case, however, he was running against several candidates with strong pro-Israel records and deep pro-Israel support – for a position that has long served as a key public cheerleader for Israel in the United States. Rabb, on the other hand, proved that the strategy can be the winning ticket in a race ostensibly having nothing to do with Israel or AIPAC.
Unlike the New York mayor’s race, Tuesday’s primary in Philadelphia consisted of candidates with similar views on affordability issues, while Rabb’s opponents weren’t exactly waiving the pro-Israel flag or raking in major pro-Israel dollars. But, to borrow from 1964 GOP presidential candidate Barry Goldwater, for an increasing swath of Democratic voters (and D.C. lawmakers), when it comes to standing up for the Palestinians and rejecting U.S. support for Israel, extremism is no vice and moderation is no virtue.
On the Republican side, U.S. Rep. Thomas Massie’s flameout in the GOP race for Kentucky’s 4th District suggests that while there may be a gathering storm of discontent over Israel, the main force that matters when it comes to the ballot box remains Donald J. Trump.
Massie tried his best to make his race a referendum on Israel and the influence of pro-Israel money, rather than Trump’s decision to go all in for challenger Ed Gallrein. It didn’t work.
“I’m walking to an airplane to rejoin the most expensive congressional race in U.S. history. It’s turned into a referendum on whether Israel gets to buy seats in Congress,” Massie said a few days before an election that saw record spending by groups both supportive and critical of the Jewish state. After Massie’s defeat, he quipped: “I would have come out sooner but I had to call my opponent to concede and it took a while to find Ed Gallrein in Tel Aviv.”
Despite such rhetoric, the biggest reason Massie will be leaving Congress in January is that Trump wanted him gone – in part over his criticism of the Iran war, but more generally over a range of issues that the Kentucky lawmaker has broken with Trump on. A string of other Republican primary results suggest that the first rule of GOP politics is: If Trump wants you out, you’re cooked – even without a dollar of pro-Israel money going to your opponent.
In his concession speech, Massie lamented that most GOP voters seem to want somebody who will “go along to get along.” But, he added, one group – young voters – stayed with him.
Unfortunately for Massie, the GOP for the time being belongs to Trump and his loyal followers, not the growing number of young conservatives who want an end to U.S. support for Israel. On the bright side for Massie and his fans, they already hold the power in at least one key area. As one popular pro-Trump conservative social media poster put it: “Don’t think of it as losing a Congressman. Think of it as gaining a podcaster.”
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
The post What Tuesday’s primaries tell us about Democrats, Republicans and the Israel issue appeared first on The Forward.
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AOC and other leading Democrats condemn Texas congressional candidate Maureen Galindo over antisemitic rhetoric
(JTA) — Rabbi Mara Nathan says watching an antisemitic conspiracy theorist emerge as a serious contender for a U.S. House seat in her Texas district has been “very disorienting.”
Nathan lives and works in San Antonio, where Maureen Galindo, a local activist who has vowed to turn a local immigrant detention center “into a prison for American Zionists,” was the top vote-getter in a Democratic primary in March and now faces a runoff on Tuesday.
“It seems shocking that someone who is so virulently antisemitic and anti-Zionist has not only been given a voice, but is even now in this primary runoff,” Nathan, the senior rabbi of Temple Beth El, a 150-year-old Reform congregation, told the Jewish Telegraphic Agency.
Galindo’s extreme rhetoric has drawn national attention as the runoff in Texas’ 35th Congressional District nears — and increasingly has also drawn condemnation from other Democrats, including some who are themselves critical of Israel and its supporters in the United States.
Last week, the Texas Senate candidate James Talarico revealed to JTA that he would not back or campaign with Galindo if she wins the runoff against sheriff’s deputy Johnny Garcia.
Rep. Alexandria Ocasio-Cortez, the progressive leader who has been strongly critical of Israel, threw her support behind Garcia in a post on X Tuesday, calling Galindo’s rhetoric “absolutely disgusting.”
“This bigoted garbage and antisemitism should be nowhere near our politics. If you’re in TX-35, vote for @johnnygarciatx,” Ocasio-Cortez wrote.
Also on Tuesday, Minority Leader Hakeem Jeffries and Washington Democratic Rep. Suzan DelBene issued a joint statement condemning Galindo’s rhetoric, writing that the “vile language by her is disqualifying and has no place in American politics, and certainly not in the Democratic Party.”
The two Democratic leaders also accused Republican leadership of propping up Galindo in the race through the newly launched Lead Left PAC, which has spent nearly $600,000 on ads and mailers bashing Garcia and boosting Galindo.
While the PAC has not had to disclose its donors, the metadata on its website previously linked it to WinRed, a Republican donation platform, according to a Punchbowl News report. Ocasio-Cortez made the connection in her statement, saying, “The donors behind the Republican super PAC funding her should be exposed.”
Jeffries and DelBene called on Republican leadership to “immediately cease propping up this antisemitic candidacy, pull spending in the race and forcefully condemn these comments,” adding that “MAGA extremists should be ashamed of themselves.”
In a statement to The New York Times regarding funding for a mailer supporting her candidacy, Galindo suggested that the funds had come from “a billionaire zionist who made the pac to sabotage candidates.”
“Dems and Republicans uniting against me in the same week with the same message is evidence that theyre working together for the zionist billionaires that control our government and tax money,” Galindo told The Times.
Galindo, WinRed and the National Republican Congressional Committee did not immediately respond to JTA requests for comment, and attempts to reach Lead Left PAC and the Republican National Committee were not successful.
The head of Democratic Majority For Israel, Brian Romick, whose organization has launched a new six-figure ad campaign backing Garcia, also took aim at Lead Left PAC’s spending on Galindo in a statement, calling on Republicans to “explain why they’re paying to keep her viable.”
“Republicans aren’t doing this by accident,” Romick said. “They are deliberately elevating one of the most grotesque antisemites in American politics this cycle because they think it helps them win.”
Several Jewish Democrats, including Sen. Jacky Rosen of Nevada and Reps. Josh Gottheimer of New Jersey and Jared Moskowitz of Florida, also decried Galindo’s rhetoric. In a joint statement Wednesday, Gottheimer and Moskowitz said that, if Galindo wins the election, they would force votes to expel her from Congress “every single day we are here.”
The Jewish Federation of San Antonio did not immediately respond to a request for comment from JTA. But the federation appeared to weigh in on Galindo’s remarks in a post on Facebook last week, calling on “candidates and elected officials” to “refrain from bigoted and offensive attacks.”
The widespread condemnation has reassured Nathan that opposition to Galindo’s rhetoric extends across the Democratic party.
“It is heartening that those folks who are clearly no fan of Israel understand that you can be critical of a government without saying you’re going to put Jewish people in internment camps,” Nathan said.
Nathan said she hoped the growing attention surrounding the race would help Texans “wake up and step up for a more sane perspective in how one is going to lead our community.”
“On both sides of the aisle, what we need is for both our elected officials and people who are running to speak out against that kind of antisemitic rhetoric,” Nathan said. “Beyond the political position, the idea that you want to attack any faith or any religion, any race is really abhorrent and goes against American values and certainly Texan values.”
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