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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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Watch: The cattle farmer building a synagogue in a cornfield
For the past year and a half, we’ve followed Nik Jakobs, a third-generation cattle farmer in Sterling, Illinois, who is building a synagogue in a two-acre cornfield. Alongside it, he is also building a museum of tolerance.
Our coverage began when Nik traveled 600 miles to rescue the ark, bimah and stained glass from a closing congregation in Pennsylvania. After we published our first story about the unlikely journey, additional synagogues began donating their own sacred objects, each from a community that could no longer keep them.
Nik, 41, is the grandson of Holocaust survivors, and the museum is his way of teaching the tolerance that saved his family. His grandmother, Edith, was 11 in 1942 when a Lutheran farmer named Willem Drenth offered the family’s home as a hiding place. She was one of 13 Jews who lived in that single room for two years and eight months, with no electricity and no running water. About a hundred villagers knew about the Jews in hiding. No one said a word.
While in hiding, Edith kept busy by learning to knit. She embroidered a cloth, which survived and will now cover the Torah in Nik’s new synagogue.
This spring, Nik and his family traveled to the Netherlands, where the village staged a play about the family in hiding and the Drenths. They watched actors portray their ancestors, and the Christians who kept their family alive.
Edith died this month at 95. Her voice, trained to a whisper in hiding, never regained its full volume. Her story did.
That story is now drawing others in. The Anne Frank House donates one sapling a year, grown from the chestnut tree Anne saw from her attic hiding place. It has chosen the Illinois synagogue and museum to plant its next one. After visiting Anne’s house with his four daughters, Nik put it this way: “Anne’s story ends. My grandmother’s didn’t.”
Nik and his family broke ground on the sanctuary this spring, on land beside a Lutheran church — the same faith as the farmer who saved his family.
If all goes as planned, the doors open in late 2027. They hope the first service will be the bat mitzvah of Nik’s oldest daughter, Taylor. The pews will hold the congregants of the closing synagogues whose ark, Torah and windows helped build the room, there to see their old homes live again.
Catch up on all of our stories about Nik Jakobs.
The post Watch: The cattle farmer building a synagogue in a cornfield appeared first on The Forward.
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In this Florida district, politicians battle over who most loves Israel
(JTA) — BOCA RATON, Fla. — Rep. Jared Moskowitz said that he is “proud to be known as the most pro-Israel Jewish Democrat in Congress” during a synagogue event in one of the country’s most Jewish congressional districts on Tuesday evening.
The comment came during a one-hour candidates’ forum featuring Moskowitz and his Republican challenger, Scott Singer — both Jewish and both wearing kippahs — that largely centered on Israel and got testy at moments.
Moskowitz said he is “proud to have AIPAC’s endorsement” at a moment when the popularity of Israel and the pro-Israel lobbying group AIPAC has plummeted among Democratic voters amid Israel’s military campaign in Gaza and the war with Iran.
But the crowd at the Reform synagogue Congregation B’nai Israel in Boca Raton was, like Florida’s 25th Congressional District itself, split across party lines, and staunchly pro-Israel.
“This isn’t New York, this isn’t Boston — this is South Florida,” attendee Edward Kone told the Jewish Telegraphic Agency.
Moskowitz had soundly defeated democratic socialist challenger Oliver Larkin, a sharp Israel critic, in August. As Democrats look to take control of the House of Representatives, Florida’s recently redrawn 25th Congressional District — which would have favored Trump by 9 percentage points in 2024 but backed Joe Biden in 2020 under its new boundaries — is being closely watched ahead of the Nov. 3 midterm elections.
Despite some tense moments between Moskowitz and Singer, who was Boca Raton’s mayor until earlier this year, the two politicians have been largely aligned on the issue of Israel.
Both have condemned accusations that Israel has committed genocide against Palestinians in Gaza. They each oppose any effort to condition or cut off U.S. military aid to Israel. Both supported Israel’s strikes on Iranian facilities in 2025, though Moskowitz has since called for the U.S. to end its war with Iran.
Moskowitz referenced his and Singer’s shared pro-Israel viewpoints on Tuesday during the forum moderated by South Florida Sun Sentinel journalist Anthony Man.
“This is exactly why nothing gets done in Washington. This is exactly why nothing is functioning: Because literally two people who agree on 99% of this stuff want to take this 1% and try to ram it down people’s throats,” Moskowitz said.
Singer, however, made a point of emphasizing where the two candidates differ on Israel. He criticized Moskowitz for voting for the March 2026 war powers resolution in response to the Trump administration ordering strikes on Iran without congressional authorization. While Moskowitz has called for the administration to end the war, Singer argued that the threat of Iran must be thoroughly dealt with. “We have to ensure victory here,” he said.
For siblings Edward and Susan Kone, both Jewish Republican voters who attended the forum, Moskowitz’s record on Israel does not stack up against Singer’s positions. They, too, criticized Moskowitz for voting to end the Iran war, and for his 2023 vote to keep Minnesota Rep. Ilhan Omar on the Foreign Affairs Committee.
“I’m America first, but Israel is extremely important to me. And on Israel, Jared Moskowitz just doesn’t add up,” Edward Kone said. Omar is among a number of pro-Palestinian Democrats whom Republicans say are leading the party’s left-wing flank in turning it against Israel..
Singer himself blasted Moskowitz for his vote against removing Omar, and tied Moskowitz to the left flank of the Democratic Party.
“The strategy is adjective, verb, Ilhan Omar, I got it. Let’s move onto the next topic,” Moskowitz responded, drawing some groans from the audience.
Others in the room had voted for Moskowitz in previous elections, and said they were likely to do so again, at least in part because of his Israel stance.
“He has a good track record with Israel, and as an American Jew I appreciate that,” said Peter Davidson, an independent who is a member of Congregation B’nai Israel.
Moskowitz pointed to his endorsement from AIPAC and Singer’s lack of an endorsement from Rep. Randy Fine, a fellow Jewish Republican from Florida, as evidence that he is seen as satisfyingly pro-Israel across parts of the political spectrum. He also pointed to a post on X by Jeff Miller, an RJC board member, who wrote that he has “zero interest in tearing down one of the few Democrats left willing to stand unapologetically with America and Israel.”
“They’re staying out,” Moskowitz said. “They’re specifically saying, ‘We’re not going to oppose Jared Moskowitz because of his record fighting antisemitism and fighting for the State of Israel.’”
Singer has the endorsement of the RJC as well as Trump. He admitted during the forum that he had reached out to Fine for an endorsement and was rejected.
Earlier this year, Singer downplayed anti-Israel trends on the right as “a few fringe commentators” who are out of step with Trump. Moskowitz challenged him to name three of those figures: Tucker Carlson, Candace Owens and Florida gubernatorial candidate James Fishback.
Singer named all three and said “I gladly, shamelessly condemn” them, but countered that Democrats are voting in anti-Israel voices while Republicans cast theirs aside.
Man also asked Singer about President Donald Trump’s use of the term “Shylock” on Monday, a term that references a character from the play “The Merchant of Venice” which is rooted in an antisemitic trope.
“I think that’s an ill-advised term,” Singer said, before pivoting to praise of Trump and urging the audience to focus on what the president has done for Israel rather than his choice of words..
“‘Merchant of Venice’ happens to be my favorite Shakespeare play. That term has multiple meanings. But let’s look at the real record beyond an offhand comment: No president has been better for the State of Israel than President Trump,” Singer said, drawing applause.
As for the upcoming Israeli elections — which Trump recently weighed in on — Singer told reporters after the event that he was too busy with his own race to make endorsements and does not have a preferred candidate.
“To be candid, I have some awareness of it, but I’m not following it intently,” he said.
Singer’s attacks on Tuesday often focused on Moskowitz’s Democratic Party, which he says will drown out the congressman’s pro-Israel views as it takes its cues from its left-wing flank. He pointed to Moskowitz’s quote from last month, when he said that pro-Israel voices are being “ostracized” in the party.
“It’s great that he says these things, but he’s also voted to empower Ilhan Omar twice,” Singer said. “He’s tried to go along to get along with the Squad, and it’s not working.”
But for some in the crowd, that attack didn’t quite land.
Davidson, an independent, said he is “not a great fan” of the Democratic Party. But for him, Moskowitz is an exception.
“He’s more of an independent thinker,” Davidson said. “Crosses a lot of party lines.”
This article originally appeared on JTA.org.
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Brad Lander detained by Israeli police in the West Bank while helping Palestinians harvest; dozens of rabbis and activists arrested
Dozens of Israeli and international activists, including U.S. congressional candidate Brad Lander, were detained by Israeli authorities in the occupied West Bank on Wednesday morning while accompanying Palestinian farmers harvesting olives. After Landers was released, the Israeli activists were later placed under arrest, and the foreign citizens were reported to be awaiting interrogation.
The delegation was hours into their work when they were told they were unlawfully inside a closed military zone, according to Anton Goodman, acting CEO of Rabbis for Human Rights. Authorities detained the group even after he agreed they would leave immediately, he said.
Goodman told the Forward that 42 Israeli members of his delegation and another 28 foreign citizens were being held at the police station in nearby Beitar Illit.
“Those of us with Israeli citizenship are being detained outside of the police station,” Goodman said by phone while he was detained. “The foreign passport holders have been separated from us, and I have been told by a senior security officer that they will be interrogated by Army personnel.”
Shorty after speaking to Goodman, Tamar Glezerman, an activist from New York who holds Israeli citizenship, informed the Forward that the detainment had been converted to arrests “because you cannot detain people for more than three hours.” Glezerman also said the foreign citizens had been taken to a military base for interrogation.
According to Goodman, the delegation was helping Palestinians who have faced severe restrictions on access to their land since Oct. 7, 2023, when authorities informed the group that the area had been declared a closed military zone.
“There is no possible way we could have known that this morning,” Goodman said. “And even so, I told them we would respect the decision and leave immediately.
“But that was not good enough for them,” he continued. “I was informed that the entire group was being detained for ‘identification purposes.’”
At the time of the interview, Goodman said, only Lander had been released. The others remained detained, including a Palestinian woman whose family owned the olive grove where the harvest took place. Lander, a progressive Democrat running for Congress this year, has been vocal in his criticism of both settler violence and Israel’s actions in Gaza.
Rabbi Jill Jacobs, CEO of T’ruah: The Rabbinic Call for Human Rights, also confirmed that she and dozens of other Americans, along with Canadian and British citizens, had been detained, their passports confiscated. They were being taken by bus to the same police station, she said at the time.
“There is a Jewish principle of accompaniment of those in danger,” Jacobs told the Forward. “We were living that out, in contrast to the settlers who justify stealing olives and carrying out violent acts contrary to Jewish law.”
Despite the uncertainty over what would happen to her delegation, Jacobs said they remained in good spirits.
“We are currently on the bus saying divrei Torah and singing niggunim and religious songs,” she said, referring to Torah teachings and wordless melodies.
“It is a sad comment on the current state of Jewish affairs that they are arresting rabbis picking olives, and not the settlers who steal them, poison trees, and violently attack human beings,” Jacobs added.
The detentions follow an especially brutal week in an already escalating wave of settler violence in the West Bank. On Friday, settlers severely beat Washington Post photojournalist Heidi Levine while she covered the olive harvest in Abu Falah, leaving her with fractured vertebrae and a broken rib. The following day, settlers attacked a delegation of European diplomats and other visitors near Taybeh. Palestinian residents have also faced repeated assaults, with dozens reported injured, several seriously.
Goodman called the mass detention “insane,” criticizing both its scale and the deployment of security forces against volunteers.
“This is the largest mass detainment we have ever seen,” he said. “But it’s not just that. All across the West Bank we have seen a complete deterioration of the rule of law as settler terrorists rampage through Palestinian villages with little consequence or deterrent. Now you have a completely peaceful delegation who are only here to help with the olive harvest and 100 security personnel are dispatched to detain them?
“What a complete and utter waste of public resources.”
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