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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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Mamdani’s progressive Jewish supporters are jubilant as they gain an ally in City Hall

BROOKLYN — There were plenty of “Jews for Zohran” at Brooklyn Paramount, the recently refurbished music venue where Zohran Mamdani and his biggest supporters celebrated his mayoral election victory Tuesday night.

Present at the rally were many of the Jews who make up left-wing organizations like Jewish Voice for Peace and Jews for Racial and Economic Justice, whose endorsements and campaigning under the Jews for Zohran mantle became a driving force behind the democratic socialist’s support.

“This is an amazing night for Jews for Zohran and Jewish New Yorkers,” said Carlyn Cowen, co-chair of JFREJ’s board, in an interview. “This is an amazing night for everyone who has been fighting for our democracy, for housing, for childcare, for the entire vision of Zohran’s campaign, which is joy and love. Incredible.”

Mamdani’s long-held anti-Israel views made the 34-year-old democratic socialist a polarizing candidate for many Jews in the city, with the Jewish establishment and a significant majority of Jewish voters backing his main rival, former Gov. Andrew Cuomo.

“There’s going to be important bridging work to do in the Jewish community … so we can move forward and everybody can feel like their interests are being looked after and they can feel safe in the city,” said Jamie Beran, CEO of the progressive Jewish organization Bend the Arc.

But healing would need to wait for another day. On Tuesday night, the mood was jubilant as eager energy erupted into an all-out dance party celebrating Mamdani’s decisive victory. News of the race being called, only about 40 minutes after polls closed, sent the at-capacity room into a frenzy. Waves of shouts and shrieks erupted. Friends hugged and cried tears of joy, some expressing disbelief despite Mamdani’s long stretch at the top of the polls.

“New York, tonight you have delivered,” Mamdani said during his victory speech. “A mandate for change. A mandate for a new kind of politics.”

For progressive Jews in the city, the change could not be starker. Suddenly, following an Eric Adams administration largely unsympathetic to their views, left-wing groups such as JVP and JFREJ will have an ally in City Hall who’s aligned with them on an array of issues including income inequality, taking on Donald Trump and pro-Palestinian advocacy.

As his Jewish supporters gushed about what parts of Mamdani’s agenda they are most keen to see enacted, most did not bring up his longstanding, unwavering support for the Boycott, Divestment and Sanctions movement that has put a wedge between segments of the Jewish community.

“Universal childcare, number one!” said Cowen.

“All of his campaign promises around affordability are so critical for the lives of everyone who lives in New York City,” said Beran, who also said she is “really grateful” for Mamdani’s “commitments around hate crime prevention.”

“I think the fact that he was the only candidate that had a clear and specific platform, committing to an 800% increase to hate crime prevention to protect Jews and everyone in New York, is such an important part of his platform,” Beran said.

Katie Unger, who co-founded JFREJ’s political arm, the Jewish Vote, said she was most eager to see Mamdani fight back against Trump and protect immigrants.

“After 10 months of watching our immigrant neighbors getting abandoned by our mayor, I’m so glad that on day one, we’re gonna have a mayor who stands up for an immigrant city against ICE,” Unger said. “It’s been heartbreaking and appalling, particularly as a Jew, to watch this city of immigrants abandon our immigrant neighbors, from City Hall down.”

Rabbi Moishe Indig, the Satmar Hasidic rabbi who endorsed Mamdani in a split in his community, stood out for wearing a black suit and kippah, rather than the typical blue “Jews/tenants/hot girls/etc. for Zohran” T-shirt.

“We have large families, we could use affordable housing and to have a better life, hopefully,” Indig said about his community, saying he felt “great” about Mamdani’s win.

But while Stefanie Fox — JVP’s executive director who traveled from her home in Seattle for the event — said she was “thrilled about the affordability for this city,” she also emphasized that the mayor “has a tremendous role to play in defining the way that New York’s support for Israeli occupation and apartheid happens.”

She added, “So I’m really happy to see an administration where that might be possible to move.”

In a sign that pro-Palestinian activists are already geared up to lobby a mayor inclined to agree with them, Fox mentioned JVP’s new campaign, “Break the Bonds,” which is advocating for comptroller-elect Mark Levine to follow Brad Lander’s lead in not reinvesting in Israel bonds; Levine, however, has stated his intention to invest in them.

“That’s the kind of example where even though it’s the comptroller’s decision, it’s a different conversation in this New York,” Fox said.

Mamdani’s candidacy coincided with amid surging pro-Palestinian sentiments among the broader liberal electorate, and inside the hall, evidence of the cause was on vivid display. Some attendees wore keffiyehs as they embraced in celebration. Mamdani was joined on stage by his wife, an artist who was wearing a top by a Palestinian designer, and parents, a scholar and film director who are prominent supporters of the boycott Israel movement. And outside, a group of Neturei Karta anti-Zionist Jewish protesters stood holding a sign that read, “Congratulations NYC. Zohran Mamdani 0% AIPAC Funded.”

A number of Mamdani’s backers from the political and cultural worlds were in attendance, many of whom share his strongly critical views of Israel, including actress Cynthia Nixon, streamer Hasan Piker, and Jamaal Bowman, the former congressman whose name has circulated as a possible schools chancellor for Mamdani. (Mamdani has not indicated if he has a preferred chancellor.)

Brad Lander, Mamdani’s most prominent Jewish ally in city politics who cross-endorsed him ahead of the Democratic primary, was also on hand.

So was Jewish stand-up comedian and podcaster Adam Friedland, who went on a passionate rant against Israel to pro-Israel Rep. Ritchie Torres back in August.

“It’s a crap job, right?” Friedland said in an interview. “It’s really tough to be the mayor of such a big city, right? But I think he’s a genuine person. I met him and he’s kind of, like, he’s just a millennial. He likes soccer and democratic socialism.”

Mamdani did not mention Israel or Palestine during his speech, keeping his focus on New York City and the diversity of New Yorkers whom he hopes to represent as mayor.

“We will build a City Hall that stands steadfast alongside Jewish New Yorkers and does not waver in the fight against the scourge of antisemitism,” Mamdani said, drawing cheers.

As the election drew closer over the last two weeks, Jewish leaders and rabbis came out in droves to warn Jewish voters about his anti-Israel rhetoric. A letter signed by 1,100 rabbis from across the country warned of the “political normalization” of anti-Zionism, naming Mamdani.

Bend the Arc’s Beran said the election result may very well be a sign that the letter, despite its many signatures, did not achieve its intended effect.

“We’ll have to see how the actual vote shook out, but I think it’s clear that a lot of Jews saw through the fear-mongering,” she said. “I think people were able to see the complete picture of the campaign and also understand that Zohran actually cares about Jewish safety.”

An early exit poll conducted by CNN suggested that about a third of Jewish voters had cast their ballots for Mamdani, with two-thirds backing Cuomo.

Rafael Shimunov, a JFREJ member who hosts a radio show called “Beyond the Pale,” said Mamdani’s victory was proof that the tactics used by Cuomo and his mega-donors need not be successful.

“I’m feeling exhilarated and hopeful and excited about what this means for the rest of this country, every city and town in this country,” he said. “This proves tonight that even among all the attempts at dividing us, using my people, antisemitism, using the Jewish community as a wedge in the coalition — didn’t work.”

Now, Mamdani’s challenge will turn from campaigning, where he has a long track record of explosive success, to governing, which he said — slyly quoting Cuomo’s father Mario, himself a former governor — he intended to do “in prose.” He has never held an executive role.

“I don’t know if we’re going to accomplish everything, I don’t know how long it’s going to take,” said Rabbi Abby Stein, who’s closely involved with JVP and JFREJ, and was responsible for the Yiddish translations of the Mamdani campaign signs posted around Hasidic areas of Brooklyn. “But I know that we have someone who’s going to try.”


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The three profound Jewish lessons of Mamdani’s astonishing victory

Among pollsters familiar with the American Jewish vote, the events of Nov. 4, 2025 in New York City will go down as Opposite Day.

A CNN exit poll showed that Zohran Mamdani, the new mayor-elect, received just about 30% of the Jewish vote, while his opponents, former Gov. Andrew Cuomo and Curtis Sliwa, together received a total of 70%. Those numbers are effectively the inverse of the Jewish vote in decades of national elections, which have usually seen the Democratic candidate getting between 70% and 80% of the Jewish vote.

Now, that stark divide is one that Jews, and Mamdani, will have to learn to live with.

For the majority of Jews who opposed Mamdani, there are a few primary lessons.

First and foremost: If you want people to care about your most important issues, you first have to address their most important issues.

Pro-Palestinian positions may have fueled Mamdani’s politics and established his early volunteer base, but they didn’t win him the election. The New Yorkers who voted for him “overwhelmingly” said cost of living is their top issue, reported CNN.

For most New Yorkers who hit the polls, questions about Mamdani’s attitude toward Israel Israel — and even concerns about antisemitism — paled in importance beside affordability.

Yet one tone-deaf Jewish leader after another pleaded with voters to reject Mamdani because of his highly critical attitude toward Israel. That stance, they said, could lead to attacks on Jewish New Yorkers.

Exactly why should economically besieged New Yorkers care?

Second, I suspect we will find out that a good portion of the Jewish voters who did opt for Mamdani did so not despite his stance on Israel, but because of it.

Most American Jews say Israel has committed war crimes against Palestinians. Some 68% are unhappy with Prime Minister Benjamin Netanyahu. Most can’t vote against Netanyahu, but they can vote for Mamdani, or their local equivalent.

The Jewish vote for Mamdani was a rebuke to the mainstream Jewish leadership that organized against the mayor-elect. That leadership didn’t speak for these Jews. Mamdani did.

It’s also surely true that some portion of Jewish Mamdani supporters voted for him while opposing his views and statements about Israel — what my fellow Forward columnist Jay Michaelson called the “No-Yes option”. These Jewish voters saw Mamdani, in the last months of his campaign, reach out to Jewish leaders, political opponents, business interests and others as a sign that he was open to compromise and bridge-building.

And third: While many in the Jewish community had good reasons to oppose Mamdani, they should be grateful for those Jews who supported him. There is a certain blessing in the fact that center-left Jewish leaders like outgoing Comptroller Brad Lander and former New York City mayoral candidate Ruth Messinger got behind Mamdani — because under his administration they will now be in or near the room where it happens.

These leaders, who have been slammed by some as traitors, sell-outs and self-haters for supporting Mamdani, now have the opportunity to help him make good on his promise to protect and serve Jewish New Yorkers.

Mamdani built reassurance on that front into his victory speech Tuesday night.

“We will build a city hall that stands steadfast alongside Jewish New Yorkers and does not waver in the fight against the scourge of antisemitism,” he said, before pivoting to decry the Islamophobia he faced in the campaign.

But Mamdani himself has much to learn, too.

Tomorrow, when the party is over and the 34-year-old mayor-elect begins meeting with his transition team,what lessons should he draw from the Jewish vote’s split?

Above all, that “being overly controversial on Israel is not in his self-interest,” said Peter Dreier, a professor of politics at Occidental College in Pasadena, Calif. “He needs to bring people together. He needs to focus laser-like on running the city and his affordability agenda.”

It’s one thing to be critical of Netanyahu, and another to say, as Mamdani has, that he would boycott the joint research center between Cornell University and Israel’s Technion based on New York City’s Roosevelt Island. He should stick to the former.

And as he works to fulfill his promise to make New York more affordable, Mamdani must also keep his promise to Jewish New Yorkers to keep them safe.

There will be special, if unfair, scrutiny of how this Muslim mayor relates to his Jewish citizens, and Mamdani could prove the fearmongers to be, well, fearmongering.

He must show he can rein things in, said Dreier, who served as deputy mayor of Boston in the 1980s under Ray Flynn. Flynn was feared by the business elite but left office with a 74% approval rating. “We ran a very progressive campaign,” Dreier said, “and then we had to figure out what we were going to give in, and where we could hold the line.”

And it’s not just New Yorkers and New York Jews who will be watching. Mamdani’s religion and views on Israel have made it inevitable that American Jews across the country will be either on board, or on edge.

Will Mamdani work to flip the Jewish voter exit poll numbers for his next race back to the familiar 70/30? That would seem to be the move for a young politician with a promising career ahead of him, and with a Jewish constituency that is predisposed to vote for the Democrat.

But say he leans into his radical roots and betrays his promises? That would leave a lot of Jews feeling politically homeless — at a time when the Republicans are opening the doors to explicitly antisemitic far-right figures like Nick Fuentes and Candace Owens. The question of whether Jews still fit, politically, in the United States — and if so, where — is one that Mamdani will have a crucial role in answering.

“My rabbi has been on the job for three months and just gave a sermon about Mamdani,” Dreier said. “I mean, why the hell would a rabbi here in Pasadena care about who’s the mayor of New York?”

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Mamdani’s victory divides Jews one more way: Whether to say congratulations

Jewish leaders reacted with a mix of chill, optimism and resolve after state assemblyman Zohran Mamdani, an outspoken critic of Israel, coasted to victory in New York City’s mayoral election.

Many of Mamdani’s biggest critics commented on his victory over former Gov. Andrew Cuomo. But not all of them were willing to congratulate Mamdani, whose politics have exposed a deep rift in the Jewish community over Israel and antisemitism.

Mamdani’s refusal to disavow the phrase “globalize the intifada,” his description of Israel’s war in Gaza as a genocide and his admission that he would not attend the city’s annual Israel Day parade infuriated many of the city’s Jews, though others — especially younger Jewish voters — understood or appreciated what they saw as a principled stand.

Mamdani, a member of the Democratic Socialists of America, often emphasized that foreign policy was a secondary concern, but he was dogged throughout the campaign by remarks he made about Israel.

Exit polls by CNN showed 60% of the city’s Jewish voters backing Cuomo, who ran as an independent following Mamdani’s victory in the June Democratic primary.

Among the detractors declining to wish the mayor-elect well was Anti-Defamation League CEO Jonathan Greenblatt, who wrote on X that in light of Mamdani’s “long, disturbing record on issues of deep concern to the Jewish community, we will approach the next four years with resolve.”

A joint statement from several establishment New York Jewish institutions, including the city’s Jewish Federation and Board of Rabbis, also declined to congratulate Mamdani, who is the city’s first-ever Muslim mayor-elect.

“New Yorkers have spoken, electing Zohran Mamdani as the next Mayor of New York City,” the statement, which was also signed by the American Jewish Committee, Jewish Community Relations Council and ADL, in part read. “We recognize that voters are animated by a range of issues, but we cannot ignore that the Mayor-elect holds core beliefs fundamentally at odds with our community’s deepest convictions and most cherished values.”

The groups added that they would work with “all levels of government” to ensure the safety of the city’s Jewish community.

Other Mamdani opponents took a friendlier tack.

Pro-Israel billionaire Bill Ackman, who had predicted a Cuomo win earlier in the day, appeared to extend an olive branch. After the election was called for Mamdani, Ackman wrote, “@zohranmamdani congrats on the win. Now you have a big responsibility. If I can help NYC, just let me know what I can do.”

The Democratic Majority for Israel, a national organization, congratulated Mamdani but added, “We urge him to prioritize fulfilling his campaign promises to bring down costs, not foreign policy issues that are unrelated to the everyday lives of most New Yorkers.”

One pattern emerging from the reaction, particularly among Cuomo supporters, was to blame Republican nominee Curtis Sliwa as a spoiler who stayed in the race after even incumbent Mayor Eric Adams dropped out. Cuomo supporters at his Ziegfeld Ballroom watch party chanted, “Shame on Sliwa.” But Sliwa’s votes, even if Cuomo had received all of them, would likely not have been enough to overcome Mamdani’s lead.

New York City controller Brad Lander, who campaigned for Mamdani and helped build bridges to parts of the Jewish community, celebrated at the Brooklyn Paramount Theatre with the mayor-elect wearing a message to Cuomo on his T-shirt, “Good F—ing Riddance.”

The post Mamdani’s victory divides Jews one more way: Whether to say congratulations appeared first on The Forward.

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