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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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The play is about Birthright, but it’s about a lot more than Israel
Towards the end of Birthright, a new play that just made its New York City debut at the MCC Theatre, two characters are arguing over Israel and Zionism in the wake of Oct. 7. The talking points will be familiar to anyone who’s been ensconced in the discourse of the past few years: Izzy says that Zionism is and has always been a colonialist project, and Chaya blames the conflict on Palestinian leaders who rejected early two-state solutions.
As they argue, each is frantically Googling; their phone screens are projected onto the walls of the set. We can see the chasm between their echo chambers: Izzy goes to the Jewish Voice for Peace website, Chaya to The Jerusalem Post. Each time they focus on their own screen, the sound of the argument becomes muffled and indistinct until they resurface to throw a new piece of evidence into the conversation.
It’s a clever piece of production magic that effectively drives home the schism over Israel in the Jewish world, and our inability to hear each other.
Birthright, commissioned by Miami New Drama from Tony Award-winning playwright Jonathan Spector and here directed by Teddy Bergman, is nominally about the eponymous free trip to Israel. But really it’s about a group of six friends that formed on the trip, and their personal journeys — through Judaism, and through life — as the somewhat motley crew diverges and reconnects over the years.

The show is a long one, three and a half hours once you include its two intermissions. Each act depicts a single night, spaced over the course of nearly two decades — first, right after they’ve returned from their trip to Israel in 2006, then in their early 30s as their careers are taking off in 2016, and finally a year after Oct. 7. While the runtime is admittedly long, it allows for well-developed characters, which are essential to approaching such a touchy topic with any nuance, and the fast-paced dialogue keeps things moving briskly. (A reasonable helping of humor, including a Kanye reference in every act, doesn’t hurt.)
And the show does manage an astonishing amount of subtlety for a topic that has become so factionalized. The characters represent a reasonably diverse range of Jewish thought and experience, though certainly leaves some out. (There are no Jews of color or converts, for example, and no true right-wing hawks.)
There’s Chaya (Zoe Winters, best known as Logan Roy’s secretary and mistress on Succession), who grew up Conservadox, but spent college rushing a sorority and dyeing her hair blonde; she ends up working for the Democratic establishment. Noah (Eli Gelb, Tony-nominated for Stereophonic) is a political wonk with a Facebook-addled dad prone to right-wing conspiracy theories. Izzy (Molly Bernard), a queer Jew who eschewed law school, has worked on the Jewish left long before it became buzzy. Lev (Hale Appleman), a lost soul wanderer with a penchant for Jewish philosophy — he name-drops Abraham Joshua Heschel’s The Sabbath and Yosef Yerushalmi’s Zakhor — has family who survived the Holocaust. Alona (Molly Ranson), a sociology PhD who fell for an IDF soldier on the trip, eventually marries an Israeli and moves to Tel Aviv. And Emerson (Nate Mann), a musician, is barely aware that he’s Jewish when he lands on their trip half by accident.
This long summary represents only a smidgen of the events in the group’s lives. The play makes sharp use of production gimmicks, opening the second and third acts by projecting a montage of messages, summarizing the events of the group’s intervening years — and also cleverly reminding us of the quirks of bygone eras. Before the second act, we see wedding invitations and job announcements sent out by email, and then newborn photos posted on Facebook. Before the third, there are group chats on iMessage and then Whatsapp, where we see more birth announcements. Later, they exchange articles about the Israel-Hamas war.
This glut of information is how the show achieves its depth. On paper, one could slot some of these characters into obvious archetypes: The Zionist who makes aliyah, the queer anti-Zionist activist who has made politics her whole identity, the centrist liberal who staunchly supports Israel. But every character has real depth and pathos, and none of the action plays out to its stereotypical end.
When someone asks Izzy, the JVP-type activist, why she hates Israel so much, she doesn’t list out its sins; instead, she’s affronted. “I don’t hate Israel. I love it,” she says. “What it could be at its best.” She doesn’t believe she’s fighting against the nation, but for it.
Meanwhile, Alona, who made aliyah, does not launch into a speech about how Hamas has to be eradicated before the war can end; Bibi, the rest of the Israeli government and settlers, she says, are just as much of a “cancer” as any terrorist group.

Though the political discussions are impressively nuanced, Birthright finds its true success in spending as much time on the rest of the characters’ lives as it does on their political stances. There are the complications of falling for a non-Jewish partner. The ways having children changes life in inalterable ways. Divorces. Substance abuse. The way a dream career can still disappoint. For a topic that is so often turned into a polemic, the play takes a broader view.
In presenting stories of real, believable Jewish lives that are not solely defined by their Judaism, the play demonstrates that Jewishness doesn’t mean just one thing to anyone. Instead, it explores the ways Jewish identity layers on, mingles with and sometimes challenges the rest of one’s choices, values and beliefs.
There are views left out of Birthright, to be sure. No one is right wing (the characters call their group “BirthLeft”), and in the first act they all make fun of their trip as a way to get Jewish kids laid. No one is truly hawkish about the war; in the first act, the characters make fun of George W. Bush and fantasize about working on Democratic campaigns. No one is making an argument, as plenty of people have in the past few years, that Palestinians should be exiled from Gaza or deserve to die.
But the overall point can apply equally: Judaism, and Israel, is not one clear thing. There’s no perfect answer. We aren’t all supposed to agree — but that doesn’t have to tear us apart. It’s a simple message, but one that is hard to believe these days; Birthright makes it feel tangible.
As Lev says when considering their Birthright trip, and his confused feelings about it. “History, Jewish history, it’s never been a straight line, and it’s never meant only one fixed thing. It’s more a thing you interpret, that you find meaning in.”
The new play Birthright is playing at the MCC Theater in Manhattan through Jul 26, 2026.
The post The play is about Birthright, but it’s about a lot more than Israel appeared first on The Forward.
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New York Times hires Atlantic’s Yair Rosenberg to cover Jewish American life
(JTA) — The New York Times has hired Atlantic staff writer Yair Rosenberg to launch a national beat covering Jewish American life, bringing a widely known journalist on antisemitism and Jewish affairs to a newspaper whose coverage of Israel and the Jewish community has been under unusually intense scrutiny since the Oct. 7, 2023, Hamas attack.
The appointment, announced Monday by National Editor Nestor Ramos, creates a dedicated beat focused on American Jews at a moment when questions of antisemitism, Israel, religious identity and political polarization have moved to the center of public debate.
It is the first time that the newspaper, published in the city with the world’s largest Jewish population, has a beat dedicated to Jews.
“Over the course of 15 years chronicling Jewish life in America and abroad, Yair has taken on the biggest, thorniest stories on the beat,” Ramos wrote in a memo to staff. “Now, Yair will bring that boundless energy and deep expertise to a new religion beat on National focused on Jewish American life, chronicling a period of extraordinary tension but also possibility and reinvention.”
The move brings Rosenberg to a publication that he has occasionally criticized for its coverage of Jewish affairs, but without echoing some critics’ charges of institutional bias.
For the past five years Rosenberg has written The Atlantic’s “Deep Shtetl” newsletter, blending coverage of antisemitism, American politics and Jewish culture with essays on history, religion and popular culture. Before joining The Atlantic in 2021, he spent nearly a decade at Tablet, a magazine of Jewish affairs.
Over the years, Rosenberg has broken or advanced reporting on online extremism and antisemitism while also becoming known for explaining Jewish issues to a broad audience. His work has ranged from investigations into antisemitic disinformation networks to historical features. He has written about antisemitism on the far left and on the Republican right.
During the 2016 presidential campaign, an Anti-Defamation League study found Rosenberg was among the Jewish journalists most frequently targeted with antisemitic abuse on Twitter. Rosenberg became known for responding publicly to trolls and for developing technological tools — including an “Impostor Buster” bot — designed to expose white supremacists posing online as minorities in order to inflame social tensions. The effort drew widespread attention before Twitter eventually suspended the tool.
He later described those experiences in a New York Times guest essay titled “Confessions of a Digital Nazi Hunter,” and has remained a frequent public speaker on combating online hate while preserving free expression.
Ramos’s announcement emphasized that Rosenberg’s beat would extend beyond antisemitism.
“Yair knows better than most that these fraught moments are not all that define Jewish life today—not even close,” Ramos wrote, citing stories on Hanukkah traditions, Jewish representation in popular culture and other facets of American Jewish life.
The Times, through a spokesman, declined to comment beyond Monday’s announcement. Rosenberg did not respond to a request for an interview by press time.
The hire comes as The New York Times continues to navigate a complicated relationship with many Jewish readers.
For decades the newspaper has occupied an outsized place in American Jewish public life, employing prominent Jewish reporters and editors while producing influential coverage of religion, Israel and antisemitism. Yet the newspaper has also faced sustained criticism from parts of the Jewish community over its Israel coverage, criticism that intensified after Oct. 7 and the subsequent war in Gaza.
Media watchdog organizations, some Jewish communal leaders and a number of current and former journalists have accused the Times of factual errors, headline framing and insufficient skepticism toward claims made by Hamas officials in some early coverage of the conflict.
A May 2026 column by Nicholas Kristof, alleging systemic sexual violence by Israeli authorities against Palestinian detainees, was widely criticized for amplifying unverified claims and platforming biased sources. The Times stood by Kristof’s column in an editorial note.
Defenders of the Times argue that accusations of institutional anti-Israel bias often conflate disagreement over editorial judgments with evidence of systemic prejudice.
At Tablet and The Atlantic, Rosenberg occasionally criticized aspects of the Times’ reporting on both Israel and antisemitism. In a 2018 Tablet article he criticized The New York Times Book Review for offering a platform for the novelist Alice Walker to recommend a book by the English author David Icke that was heavily saturated in antisemitic conspiracy theories.
The next year he called out the Times for a profile of former CIA officer and would-be congressional candidate Valerie Plame that failed to mention her history of tweets sharing antisemitic theories. He has also regretted that the Times in 1937 dropped its subscription to the Jewish Telegraphic Agency syndication service because of the perception at the time that JTA’s coverage of Nazi Europe was alarmist.
Unlike some Jewish media watchdog groups, however, Rosenberg has not argued that the Times is institutionally or inherently biased against Israel or Jews. Against that backdrop, Rosenberg’s hiring is likely to be watched closely by Jewish readers across the political spectrum.
According to Ramos, Rosenberg will begin work July 20 and will be based in New York while traveling nationally for the beat.
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Canadian Museum for Human Rights opens ‘Nakba’ exhibit amid pushback from Jewish leaders
(JTA) — After weeks of backlash from Jewish groups and leaders, the Canadian Museum for Human Rights this weekend opened its exhibit on the Nakba, the narrative of Palestinian defeat and displacement upon Israel’s founding.
The Winnipeg, Manitoba, exhibit is called “Palestine Uprooted: Nakba Past and Present” and features photography, poetry and everyday objects that document the experience of Palestinian-Canadians impacted by the Nakba. Palestinians use the term, meaning “catastrophe,” to describe their mass displacement upon Israel’s establishment.
The exhibit has drawn fierce condemnation from some Jewish groups, including the Centre for Israel and Jewish Affairs.
“Materials that are one-sided and driven by a political agenda can contribute to discrimination, bullying and even assault targeting Jewish students,” the group wrote in a post on X last week. “The federal government must hold the CMHR’s leadership accountable for this egregious mishandling.”
The museum’s only Jewish board member, Mark Berlin, was upset enough by the exhibit to resign.
“Because the museum chooses to proceed with this exhibit in its present form despite repeated concerns raised by myself and members of the mainstream Jewish community and others seeking a more balanced and historically complete presentation, I can no longer, in good conscience continue to serve as a Trustee,” Berlin wrote in a resignation letter dated June 22.
In the letter, Berlin argues that the exhibit omits the context that “hundreds of thousands of Jews from Arab lands” were also displaced during the 1948 Arab-Israeli war.
“A story detached from the surrounding factual details is not the truth, it is just a story,” Berlin continued. “The museum has a statutory and moral obligation to tell the full truth, not to sacrifice it at the altar of politics.”
The museum has vigorously defended the exhibit. In a statement to the Jewish Telegraphic Agency, Isha Khan, the CEO of the museum, said that “focusing in this one exhibit on the human violations faced by of Palestinian Canadians does not negate the human rights violations faced by Jewish people.”
“Sharing the stories of one community in no way minimizes the experiences of another,” Khan continued.
Khan added that the exhibit had drawn “both criticism and support from Jewish Canadians.”
Several progressive Jewish groups in Canada, including Independent Jewish Voices, the Jewish Faculty Network, and United Jewish Peoples’ Order, defended the exhibit in a joint statement Thursday, writing that it was the “result of dedication, persistence, care and advocacy, especially from the Palestinian Canadian community.”
“We are proud to celebrate a Canadian institution that has remained steadfast in the face of unfounded criticism and pressure and chose to move forward with integrity,” the statement continued. “We hope this historic opening, and the ongoing inclusion of the exhibition in the Museum, encourages learning, reflection and action.”
The dispute over the exhibit comes as Jews in Canada have faced a spate of antisemitic attacks in recent months, including in March, when shots were fired at three Toronto-area synagogues. In 2025, there were 6,800 antisemitic incidents in Canada, marking a 9% rise from 2024, according to B’nai Brith’s annual audit of antisemitic incidents.
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