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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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Two women race to save Persian Jewish music before it fades
In the 1950s, Younes Dardashti, a Jewish man from Tehran’s Jewish ghetto, became one of Iran’s most celebrated singers. As the country underwent rapid secularization under the Shah, Jewish communities that had long been pushed to the margins found new opportunities. Dardashti’s piercing, unmistakable voice filled Iranian airwaves, exclusive concert halls and the Shah’s palace, earning him the title “Nightingale of Iran.”
Years after Younes Dardashti’s death, his granddaughter Galeet is still singing with him in New York.
Using archival recordings of her grandfather’s voice, Galeet Dardashti created her album Monajat — meaning an intimate conversation with God — layering her vocals over decades-old tapes of him singing Selihot, religious poetry chanted nightly before the Jewish New Year.
Across the country in Los Angeles, Cantor Jacqueline Rafii is also trying to preserve her Iranian grandfather’s traditional Jewish Persian music.
While in cantorial school, Rafii rediscovered cassette tapes made of her grandfather leading a Passover seder in Tehran. When her family was forced to flee the country following the Islamic Revolution in 1979, they brought that cassette tape with them.
“It was like a time capsule,” said Rafii.
She realized that those grainy and distorted recordings captured a Persian Jewish musical tradition that had only ever been passed down orally from generation to generation. In the diaspora, Rafii worried, they might disappear.
So Rafii sat at the piano with her father to turn what she heard on those old cassette tapes into sheet music so that others might replicate the music Iranian Jews have been singing for centuries.
“We were trying to take this distorted tape from the ’70s and plunk out the notes,” she said. “To write something that had never been written before.”
What began with a single tape became a larger project. Rafii set out to collect and notate as many Persian Jewish melodies as she could. She put out a call on social media to try to find people who remembered Jewish prayers from Iran. Eventually, she found Dardashti, who taught Rafii her grandfather’s Yom Kippur melody for “El Nora Alila.”
A transcription challenge
According to Dardashti, who holds a Ph.D. in anthropology and specializes in Mizrahi culture and music, Jews have played an important role in Persian musical life for centuries.
After the 7th century, when Muslim forces conquered Persia, there were periods during which non-religious music was restricted under Islamic law. Because Jews were classified as najis, or “impure,” they faced limitations on the types of occupations they could legally pursue. Music, being a marginalized and often stigmatized profession, was typically avoided by Muslims. This made it a particularly viable livelihood for Jews who often performed the jobs that were restricted to Muslims.
Because of this, religious minorities, namely Jews, Zoroastrians, and Christians, were responsible for sustaining Persian musical traditions when Muslims could not.
Classical Persian music often features singers interpreting the poetry of figures like Hafez or Rumi. One of its defining features is tahrir, a rapid oscillation in the voice that can sound like a controlled break or yodel, used to convey emotional intensity.
The music relies on modal systems and tonal structures distinct from Western scales. It also includes microtones — notes that fall between the pitches used in Western scales and cannot be easily represented on a standard musical staff. To make the melodies accessible, Rafii notates them “in a format that would be compatible with Western music,” eliminating some (but not all) of those microtones, adding chords to mimic their sound, and establishing a regular meter.
Persian Jewish music draws directly from this tradition, applying its musical forms to Jewish liturgy — Torah chanting, High Holiday prayers, and religious poetry — as well as to songs about daily life written in Judeo-Persian.
“It’s really about interpreting a text,” Dardashti said. “Just as a Persian classical singer would interpret a poem, in Persian Jewish music you’re interpreting Hebrew liturgy in a very similar way.”
For centuries, this music was transmitted entirely orally, passed down from generation to generation, with each singer adding their own interpretation and stylistic flair. During the reign of Shah Mohammad Reza Pahlavi from the 1940s through 1979, Jews enjoyed a golden age in Iran. Jewish musicians, who often came from lineages of family members who had been making music for centuries, moved to the fore and became nationally recognized stars. Dardashti’s grandfather was perhaps the most prominent. Because Israel and Iran had good relations at the time, he frequently traveled between the two countries to share his talents.
Younes Dardashti became a cantor at synagogues across Tehran. Because his chanting was done in a musical style Iranians of all faiths were used to hearing on the radio, Galeet Dardashti says, non-Jews would press their ears to the doors of the synagogue to hear her grandfather’s voice.
A tradition passed down by men
Traditionally, Persian Jewish liturgical music was preserved and performed almost exclusively by men because of Jewish religious norms that limited women’s public singing. Now in the diaspora, that chain of transmission has begun to break down, with fewer and fewer Iranian Jews learning the songs their parents and grandparents once sang.
Rafii says she has faced obstacles in “expressing her cantorial pursuits” to more traditional members of the Persian community in the U.S., where women’s singing is still not embraced. And while she is unsure whether she will “ever in her lifetime … share these melodies personally in such communities,” she remains “hopeful that her work may be useful” to those seeking to transmit Persian Jewish music to the next generation.
For Dardashti, singing Persian Jewish music as a woman is just another layer of the reinvention that has been a feature of Persian Jewish music for generations. Though she too does not perform her music in Orthodox Iranian Jewish settings, she embraces the unique role she can play in leading services for Reform and Conservative Iranian Jews, for whom Ashkenazi-style music is often the default.
“I feel like right now this community needs me; there aren’t many people who can do this work and are willing to do it in an egalitarian setting,” said Dardashti. For the last few years, she has led high holiday services in the traditional Persian style at Kanisse, an egalitarian Jewish community for Sephardic and Mizrahi Jews in New York City.
Though both Rafii and Dardashti are Iranian, neither grew up immersed in Persian Jewish musical traditions.
Like many Iranian Jews who came to the United States after the revolution, their families entered a Jewish landscape dominated by Ashkenazi practice. Dardashti’s father, himself a cantor, trained at the Jewish Theological Seminary, where the focus was almost entirely Ashkenazi. “I grew up the daughter of a Persian cantor who was singing Ashkenazi music,” Dardashti said.
“In order to learn Persian Jewish music, I had to start from scratch,” she added. “I knew nothing.”
She turned to her father, asking him to teach her the melodies he had grown up with in Iran but had not performed formally since coming to the U.S.
Her work, while rooted in a desire to preserve Persian Jewish music, is not without experimentation. Dardashti adds her own flair to her grandfather’s music, laying his vocals over her band and arrangement. “I’m also reinventing, because music isn’t static. Cultural transmission is messy — everyone changes things. So I lean into that messiness.”
Connecting cantors across cultures
Rafii is also continuing to transmit Persian Jewish music in an unconventional way by bringing it to Ashkenazi audiences.
When she entered cantorial school, she said, there were no formal pathways to train in non-European musical traditions. Now, she says cantors from across the country — “in particular, Ashkenazic cantors” — have reached out to her for Persian Jewish sheet music and guidance on incorporating these melodies into their services.
“They want to share how diverse the Jewish family is,” she said. “Now that there’s sheet music for Persian Jewish music, it’s accessible, and they can offer it to their community.”
Dozens of non-Persian cantors have already begun including these melodies in their services.
At Valley Beth Shalom, a largely Ashkenazi congregation in Los Angeles, Rafii regularly weaves her grandfather’s Persian tunes into worship and teaches them to the synagogue’s youth choir.
“I like to include them as part of an everyday service,” she said. “Why don’t we just combine the melodies and make this part of the American Jewish experience?”
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Passover liberation and US liberty both summon us to remember and renew
At our campus Seder this week, I found myself talking to a student about Passover as a holiday of memory. She seemed puzzled and asked me to explain. The Seder plate, the ritual of reclining, and the talk of freedom, I told her, were all meant as reminders of enslavement in Egypt. Of course, she knew that. But I told her that even before the Jews cross the Red Sea to escape bondage, the Torah says something like “you better remember this!” Just after the final plagues — the killing of the first born — are visited upon the Egyptians, but before the Israelites escape from slavery, God tells Moses how the Passover holiday will be a commemoration of the events about to take place!
This day shall be to you one of remembrance: you shall celebrate it as a festival to GOD throughout the ages; you shall celebrate it as an institution for all time. Ex 12:14
You shall observe the [Feast of] Unleavened Bread, for on this very day I brought your ranks out of the land of Egypt; you shall observe this day throughout the ages as an institution for all time. Ex 12:17
The commemoration of liberation, and the memory of bondage, are given sacred status — and even prior to the liberation itself. The festive meal, the Passover Seder, is a communal insistence on memory. And this insistence is not restricted to what happened to other people in the distant past. The Torah’s word for remembering here is zakhor, which means something closer to “reliving” than to what we usually think of historical recollection. We are slaves in Egypt, just as we are at the foot of Mount Sinai to receive the Commandments.
As it so happens, during Pesach this year I am also working at Wesleyan University on a national program to encourage college students to protect our democracy by participating in it. Inspired by the students who went to Mississippi in 1964 to register Black voters in the face of violent suppression, we launched Democracy Summer 2026, a nonpartisan call to young people to strengthen their democratic muscles by using them. We are mindful of the 250th anniversary of the Declaration of Independence as we build programs along with colleges and universities across the country that aim to remind our fellow citizens of the importance of exercising our powers as constituents of this constitutional republic. The mission statements of educational institutions — from small private religious schools to large public universities — express an obligation to contribute to the public sphere. When we do contribute, we are participating in history, learning about ourselves and the world around us; we contribute to our institutions and to the country whose freedoms allow them to fulfill their purposes.
As part of this work, I’ve been rereading Danielle Allen’s wonderful Our Declaration (2015), a book that helps us through a slow reading of a core founding document. Allen describes teaching the Declaration of Independence to a group of working adults in a night class in Chicago and how by doing so she came to appreciate its famous words more profoundly than ever: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator with certain unalienable rights, and among these are Life Liberty and the pursuit of Happiness.” She came to see these words (and the Declaration as a whole) as aimed at her and her students — that they were part of that “WE,” members of the political community that recognized the power of these truths. This realization didn’t happen right away. At first her students thought that the Declaration represented “institutions and power, everything that solidified a world that had, as life turned out, delivered them so much grief, so much to overcome.” They had to make the document their own to see themselves as participants in its legacy.
These students “regifted” the Declaration to Allen by helping her see its argument for political equality as her own political patrimony. The founding fathers would not have seen it this way: Allen is a Black woman whom they would not have recognized as a citizen. But by reading the text slowly and carefully with her students, she and they claimed it as their rightful inheritance: “an understanding of freedom and equality, and of the value of finding the right words.”
In Torah study, I strive for something similar to this claiming of an inheritance. Such a claim, I find, is also what we are meant to feel when we read the Haggadah at our Seders. I study not to acquire expertise about holy texts but to participate in an ongoing conversation about enduring questions. Through the teaching that we were slaves in Egypt, we are meant to feel how it is to be oppressed and to consider our obligation to claim our freedoms, an essential step in developing a people. And we are also meant to help other groups escape oppression, make good on claims for liberation that resonate with our story. This is not only for the week of Passover. Rashi teaches that we must make mention of the exodus from Egypt every day. Every day we must claim our freedom and, we might add, find the right words for others to do so.
This is also the message of our summer call to action this year. As we commemorate the 250th anniversary of the Declaration, let us claim our political patrimony, our rightful inheritance. To paraphrase Benjamin Franklin: it is our republic so let us keep it!
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Downed Planes Raise New Perils for Trump as Tehran Hunts for Missing US Pilot
Traces of an Iranian missile attack in Tehran’s sky, amid the U.S.-Israeli conflict with Iran, in Tehran, Iran, April 3, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Two US warplanes were downed over Iran and the Gulf, Iranian and US officials said on Friday, with two pilots rescued and a third still missing and being hunted by Tehran’s forces.
The incidents show the risks still faced by US and Israeli aircraft over Iran despite assertions from US President Donald Trump and his Defense Secretary Pete Hegseth that their forces had total control of the skies.
The first plane, a two-seat US F-15E jet, was shot down by Iranian fire, officials in both countries said.
The second plane, an A-10 Warthog fighter aircraft, was hit by Iranian fire and crashed over Kuwait, with the pilot ejecting, two US officials said.
Two Blackhawk helicopters involved in the search effort for the missing pilot were hit by Iranian fire but made it out of Iranian airspace, the two US officials told Reuters.
The degree of injuries among the crew of the aircraft remained unclear. The status and whereabouts of the missing F-15E crew member was not publicly known.
Iran’s Revolutionary Guard Corps said it was combing an area near where the pilot’s plane came down in southwestern Iran and the regional governor promised a commendation for anyone who captured or killed “forces of the hostile enemy.”
Iranians, who have been pummeled by American air power for weeks, posted gleeful messages celebrating the plane downings. Iran’s Parliament Speaker Mohammad Baqer Qalibaf said on X that the U.S. and Israel’s war had been “downgraded from regime change” to a hunt for their pilots.
Trump has been in the White House receiving updates on the search-and-rescue operation, a senior administration official told Reuters. The Pentagon and US Central Command did not immediately respond to requests for comment.
NO SIGN OF END TO WAR
The prospect of a US service person being alive and on the run inside Iran raises the stakes for Washington in a conflict with low public support and no sign of an imminent end.
Iran has officially told mediators it is not prepared to meet with US officials in Islamabad in coming days and that efforts to produce a ceasefire, led by Pakistan, have reached a dead end, the Wall Street Journal reported on Friday.
The US and Israel opened the campaign with a wave of strikes that killed Iran’s Supreme Leader Ayatollah Ali Khamenei on February 28. The war has killed thousands and threatened lasting damage to the global economy.
So far, 13 US military service members have been killed in the conflict and more than 300 have been wounded, according to the US Central Command.
Iran has rained down drones and missiles on Israel. It has also taken aim at Gulf countries allied to the US, which have so far held back from joining the war directly for fear of further escalation.
In a security alert on Friday, the US embassy in Beirut said Iran and its aligned armed groups may target universities in Lebanon and urged US citizens in the country to leave while commercial flights are still available.
Israel has been waging a parallel campaign against Iran-backed Hezbollah in Lebanon after the militant group fired at Israel in support of Iran.
TRUMP THREAT TO STRIKE BRIDGES, POWER PLANTS
On Friday, as Trump threatened to hit its bridges and power plants, Iran struck a power and water plant in Kuwait, underlining the vulnerability of Gulf states that rely heavily on desalination plants for drinking water.
On Thursday, Trump posted footage on social media showing dust and smoke billowing up as US strikes hit the newly constructed B1 bridge between Tehran and nearby Karaj, which was due to open this year, and said more attacks would follow.
“Our Military, the greatest and most powerful (by far!) anywhere in the World, hasn’t even started destroying what’s left in Iran. Bridges next, then Electric Power Plants!” he wrote in a subsequent post.
On Friday, a drone hit a Red Crescent relief warehouse in the Choghadak area of Iran’s southern Bushehr province.
Kuwait Petroleum Corporation said its Mina al-Ahmadi refinery had been hit by drones. Other attacks were also reported to have been intercepted in Saudi Arabia and Abu Dhabi. Missile debris landed near the Israeli port of Haifa, site of a major oil refinery.
Oil markets were closed after benchmark U.S. crude prices gained 11% on Thursday following a speech by Trump that offered no clear sign of an imminent end to the war.