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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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War with Iran puts the US-Israel alliance at grave risk
The Iran war is strategically sound yet politically unsupported — an unstable foundation for a gamble that could reshape the Middle East. That creates danger for Israel, which needs the support of an American public that is rapidly drifting away.
For decades, the country’s greatest strategic asset has not been its military technology or intelligence capabilities — spectacular as these are — but rather the political, diplomatic and military backing of the United States. That relationship has not been merely transactional. It was supposed to rest on shared values and deep public support across the American political spectrum.
If that support erodes or disappears, Israel’s strategic environment will fundamentally change. To be blunt: it will not be able to arm its military. This creates a paradox. A campaign that has so far demonstrated extraordinary value for the Jewish state also stands a risk of fundamentally weakening it.
An alliance at its strongest
The conflict has showcased the depth of the current U.S.–Israel alliance. To many observers, and critically to Israel’s enemies, the operation has underscored not only Israel’s capabilities but also the reality that it stands alongside the world’s most powerful state.
The strikes have projected deep into Iranian territory, revealed astonishing intelligence penetration, and destroyed or degraded key threats. Israel’s enemies across the region have already been weakened by previous rounds of fighting since Oct. 7, and the current operation has reinforced the impression that Israel can reach its adversaries wherever they operate.
Moreover, Iran’s regime has managed to isolate itself to the point where most Arab countries are in effect on the side of Israel and the U.S. That projection — of an unbreakable and strong alliance – may ultimately be the most important strategic element of this war.
But therein lies the rub.
The political foundations of American support for Israel are eroding, which means the very element that currently strengthens Israel’s deterrence — American participation — may also be the one most at risk.
A just war, unjustified
Americans do not understand why their country is at war.
A Reuters/Ipsos survey conducted at the start of the conflict found only 27% of Americans supported the U.S. action, while 43% opposed it. Other surveys show similar results, with roughly six in ten Americans against the military intervention.
In modern American history that is highly unusual. Most wars begin with a “rally around the flag” moment when public support surges. Even conflicts that later became controversial — from Afghanistan to Iraq — initially enjoyed majority backing.
This one did not — in part because the case for it has not been made clearly to the public.
That error is compounded by years of polarization in American politics; declining trust in institutions and leadership; and the record of President Donald Trump, who has spent years spreading conspiracy theories and demonstrating a remarkable indifference to factual truth. It is no exaggeration to say that many Americans do not believe a word he says – which is perhaps unprecedented.
When a president with that record launches a war, at least half the country assumes the worst. Even if the strategic logic is sound, the credibility deficit remains.
The tragedy is that the war is, in fact, eminently justifiable. The Islamic Republic has long since forfeited the moral legitimacy that normally shields states from outside force. It brutally suppresses its own population, jailing and killing protesters, policing women’s bodies, and crushing dissent with an apparatus of repression. Its foreign policy is not defensive but revolutionary. Through proxy militias it has destabilized Iraq, Syria, Lebanon and Yemen, as well as the Palestinian areas, in some cases for decades.
The regime has pursued nuclear weapons through a series of transparent machinations, deceptions and brinkmanship. Negotiations have repeatedly been used as delaying tactics while enrichment continued. Any deal that relieved sanctions would not simply reduce tensions; it would also inject new resources into a system dedicated both to repression at home and aggression abroad — one that is despised by the vast majority of its own people, as murderous dictatorships inevitably will be.
There is a doctrine in international law known as the Responsibility to Protect — the principle that when a state systematically brutalizes its own population, the international community may have the right, even the obligation, to act. By that standard, the Iranian regime has been skating on thin ice for years.
But with this clear rationale left uncommunicated, the politically dangerous perception has spread that the U.S. was reacting to Israel rather than acting on its own strategic judgment.
A perilous future
If Americans come to believe that Israel caused a costly war that they did not support in the first place, the backlash could be severe.
For centuries, one of the most persistent antisemitic tropes has been the accusation that Jews manipulate powerful states into fighting wars on their behalf. The suggestion that Israel can pull the U.S. into conflict feeds directly into that mythology. Once such perceptions take hold, they can be extremely difficult to reverse.
Even people who reject antisemitism outright can absorb a softer version of the same idea: that American interests are being subordinated to Israeli ones. In a political environment already marked by growing skepticism toward Israel, that perception risks deepening the erosion of support that has been underway for years.
Secretary of State Marco Rubio seemed to inadvertently feed such notions by suggesting in recent days that the U.S. had to attack Iran because Israel was going to do so “anyway,” and then America would have been a target. It was a short path from that to conspiracy theorists like Tucker Carlson blaming Chabad for the war.
A future Democratic president, facing a base that appears to have abandoned Israel, may feel far less obligation to defend it diplomatically or militarily. Even a Republican successor could prove unreliable if the party continues its drift toward isolationism.
That likelihood is compounded by studies showing that a large part of the U.S. Jewish community itself no longer backs Zionism. That process is driven by Israel’s own policies, including the West Bank occupation and the deadly brutality of the war in Gaza.
So the very war that is showcasing the best the U.S.-Israel alliance has to offer is also at risk of fundamentally damaging that partnership. Particularly if Prime Minister Benjamin Netanyahu — the rightful object of much American ire — manipulates the Iran campaign into an electoral victory this year, the alliance’s greatest success could also be its undoing.
The post War with Iran puts the US-Israel alliance at grave risk appeared first on The Forward.
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Report: Iran’s New Military Plan Is Regime Survival Through Regional Escalation
Members of the Islamic Revolutionary Guard Corps (IRGC) attend an IRGC ground forces military drill in the Aras area, East Azerbaijan province, Iran, Oct. 17, 2022. Photo: IRGC/WANA (West Asia News Agency)/Handout via REUTERS
i24 News – After last year’s devastating conflict with the United States and Israel, Iranian leaders have reportedly adopted a major strategic shift aimed at expanding the war across the Middle East to secure the regime’s survival, according to the Wall Street Journal.
Previously, Iran responded to foreign strikes with limited, targeted reprisals. The new doctrine abandons that approach, aiming instead to escalate the conflict regionally, particularly against Gulf Arab states and critical economic infrastructure. The goal is to disrupt the global economy and pressure Washington into shortening the war.
This decision followed the twelve-day war with Israel in June 2025, during which Israeli and US strikes eliminated senior Iranian military leaders, destroyed key air defense systems, and severely damaged nuclear facilities. In response, Supreme Leader Ali Khamenei—before his elimination early in the current conflict—activated a strategy designed to maintain continuity even if top commanders were neutralized.
Central to this approach is the so-called “mosaic defense” doctrine: a decentralized military structure in which the Islamic Revolutionary Guard Corps (IRGC) operates through multiple regional command centers. Each center can conduct operations independently, allowing local commanders to continue fighting even if national leadership is incapacitated. This makes the military apparatus more resilient to targeted strikes.
Analysts cited by the Wall Street Journal suggest that Tehran’s calculation is to make the conflict costly enough for all parties to force the US and its allies into a diplomatic resolution.
However, the plan carries enormous risks. By escalating attacks on regional states and international economic interests, Iran could provoke a broader coalition against itself. Despite prior military losses, Iranian forces retain the capability to launch drone and missile strikes, maintaining their influence over the ongoing conflict.
For Iranian leaders, the immediate priority remains unchanged: the survival of the regime, even if it requires a major regional escalation.
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Katz Warns Lebanon to Disarm Hezbollah or ‘Pay a Heavy Price’
Israel’s Defense Minister Israel Katz and his Greek counterpart Nikos Dendias make statements to the press, at the Ministry of Defense in Athens Greece, Jan. 20, 2026. Photo: REUTERS/Louisa Gouliamaki
i24 News – Israeli Defense Minister Israel Katz on Saturday warned Lebanon’s leadership that it must act to disarm Hezbollah and enforce existing agreements, cautioning that failure to do so could lead to severe consequences for the Lebanese state.
Speaking after a high-level security assessment with senior military officials, Katz directed a message to Lebanese President Joseph Aoun, saying Beirut had committed to enforcing an agreement requiring Hezbollah’s disarmament but had failed to follow through.
“You pledged to uphold the agreement and disarm Hezbollah — and this is not happening,” Katz said. “Act and enforce it before we do even more.”
The meeting took place in Israel’s military command center and included Chief of Staff Lt. Gen. Eyal Zamir and other senior defense officials, as Israel continues operations on multiple fronts.
Katz emphasized that Israel would not tolerate attacks on its communities or soldiers from Lebanese territory.
“We will not allow harm to our communities or to our soldiers,” he said. “If the choice is between protecting our citizens and soldiers or protecting the State of Lebanon, we will choose our citizens and soldiers — and the Lebanese government and Lebanon will pay a very heavy price.”
The defense minister also referenced Hezbollah’s leadership, warning that the group’s current chief could lead Lebanon into further destruction.
“If Hassan Nasrallah destroyed Lebanon, then Naim Qassem will destroy it as well,” Katz said.
Katz stressed that Israel has no territorial ambitions in Lebanon but said it would not accept a return to the years in which Hezbollah launched repeated attacks on Israel from Lebanese territory.
“We have no territorial claims against Lebanon,” he said. “But we will not allow Lebanese territory to again become a platform for attacks against the State of Israel.”
He concluded with a warning to Lebanese authorities to take action against Hezbollah before Israel escalates its response.
“Do and act before we do even more,” Katz said.