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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 Argentine Jewish Tourists Assaulted in Milan as Antisemitic Incidents Surge Across Italy
A protester uses a pole to break a window at Milano Centrale railway station, during a demonstration that is part of a nationwide “Let’s Block Everything” protest in solidarity with Gaza, with activists also calling for a halt to arms shipments to Israel, in Milan, Italy, Sept. 22, 2025. Photo: REUTERS/Claudia Greco
Two young Argentine Jewish tourists were violently assaulted in Milan by a group of North African migrants after being targeted for wearing kippahs, in one of the latest antisemitic attacks amid a relentlessly hostile climate toward Jewish communities across Europe.
According to Italian media reports, the two 19-year-old Argentine tourists were attacked late Sunday night outside a 24-hour supermarket in Milan, a city in the northern part of the country, at Piazzale Siena after leaving the store when a group of about 10 people approached them.
After spotting the kippahs worn by the two young men, the attackers began shouting antisemitic insults, including “f**king Jews,” before violently assaulting them, leaving one of the victims with a broken nose.
Authorities and emergency responders were quickly dispatched to the scene following the attack, with police and paramedics providing assistance before transporting the two victims to a local hospital.
Local law enforcement has now opened a criminal investigation into the assault, reviewing surveillance camera footage and analyzing cell phone data from areas surrounding Piazzale Siena.
The European Jewish Congress (EJC) strongly condemned the incident, describing it as a sign of rising antisemitic hostility and calling for renewed efforts to safeguard Jewish communities across Europe.
“This disturbing incident highlights the very real dangers Jews continue to face in public spaces across Europe simply for expressing their identity. Antisemitic violence must be confronted with the utmost seriousness,” EJC said in a statement.
“Authorities must ensure that those responsible are swiftly identified and brought to justice. No one in Europe should fear being attacked for being visibly Jewish,” it continued.
Two young Jewish tourists from Argentina were violently assaulted outside a supermarket in Milan after being identified as Jewish by their kippahs.
The attackers first hurled antisemitic insults before punching the victims, leaving one with a broken nose.
This disturbing… pic.twitter.com/Ch0IzlgWt4
— European Jewish Congress (@eurojewcong) March 4, 2026
Amid heightened tensions tied to the recent US-Israeli joint military campaign against Iran, Walker Meghnagi — president of the Jewish community of Milan — called on authorities to strengthen protection for Jewish schools and synagogues.
“We must remain vigilant. We have asked the prefect to increase surveillance around our schools and places of worship, as well as to safeguard our freedoms, but we cannot isolate ourselves,” he said.
“We are Italians and deserve to be respected as such. We are a free people, and we will not hide — we must stand firm in defense of our freedom,” Meghnagi continued.
Like most countries across Europe and the broader Western world, Italy has seen a rise in antisemitic incidents over the last two years, in the wake of the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
According to newly published figures, antisemitism in Italy surged to record levels in 2025, reflecting a broader climate in which Jews and Israelis across Europe have faced harassment, vandalism, and targeted violence.
In Italy, the Milan-based CDEC Foundation (Center of Contemporary Jewish Documentation) confirmed that antisemitic incidents in the country almost reached four digits for the first time last year.
Of 1,492 reports submitted through official monitoring channels, the CDEC formally classified a record high 963 cases as antisemitic, according to the EJC and Union of Italian Jewish Communities (UCEI), the main representative body of Jews in Italy.
By comparison, there were 877 recorded incidents in 2024, preceded by 453 such outrages in 2023 and just 241 in 2022.
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New York Judge Overturns Disciplinary Sanctions for Columbia University Students Who Occupied Hamilton Hall
Protesters gather at the gates of Columbia University, in support of student protesters who barricaded themselves in Hamilton Hall, in New York City, US, April 30, 2024. Photo: REUTERS/David Dee Delgado
A New York state judge has overturn disciplinary sanctions imposed on a group of anti-Israel protesters who illegally occupied Columbia University’s Hamilton Hall and interned janitorial staff while destroying property to protest the Israel-Hamas war, raising concerns that colleges may be deprived of the power to punish severe misconduct perpetrated by students who claim to be advancing progressive causes.
Twenty-two current and former students, all of whom contested their punishments anonymously, may soon walk away without being held accountable following Judge Gerald Lebovits’s ruling last Friday that Columbia’s actions were “arbitrary and capricious.” Lebovits went further, citing the students’ concealment of their identities with masks and keffiyeh scarves as evidence that the university lacked evidence to determine that they were actually in Hamilton Hall despite that they had been arrested on the scene by the New York City Police Department (NYPD).
“In the disciplinary proceedings against the 22 Columbia students, the sole evidence that they were present in Hamilton Hall during its occupation was a report reflecting that petitioners had been arrested,” he wrote. “No evidence was offered in the disciplinary proceedings of actions taken inside Hamilton Hall by any particular student, as opposed to the conduct of the group of occupiers as a whole.”
Lebovits, after arguing that the group should not be disciplined even as he described their infractions, then argued that illegally occupying Hamilton Hall is “decades-long tradition.”
He continued, “Others might see the occupiers’ actions as manifestations of an ugly hatred against Jews, using rhetoric about Gaza mainly as a pretext. But the task for this court is not to decide between these perspectives, or to opine on the moral or political issues implicated by the actions of the parties to this proceeding.”
In a statement shared with The Algemeiner on Wednesday, Columbia University noted that Lebovits’s vacating the disciplinary sanctions does not take effect for 30 days, during which time university lawyers may pursue other legal avenues.
“The order does not take effect for at least 30 days, and no student who was disciplined for the occupation of Hamilton Hall can return to campus at this time,” a university spokesperson said. “Columbia is considering all of its options, including seeking a stay of the order and appealing the decision.”
As previously reported by The Algemeiner, in April 2024, anti-Israel agitators occupied Hamilton Hall, forcing then-university president Minouche Shafik to call on the NYPD for help, a decision she hesitated to make. During a search of the scene, the NYPD found a number of disturbing items, including “gas masks, ear plugs, helmets, goggles, tape, hammers, knives, ropes, and a book on TERRORISM [sic].” Police also found signs which said “death to America” and “death to Israel.”
During the same period, a group that calls itself “Columbia University Apartheid Divest” (CUAD) commandeered a section of campus and, after declaring it a “liberated zone,” lit flares and chanted pro-Hamas and anti-American slogans, according to numerous reports. When the NYPD arrived to disperse the unauthorized gathering, hundreds of students reportedly amassed around them to prevent the restoration of order.
“Yes, we’re all Hamas, pig!” one protester was filmed screaming during the fracas, which saw some verbal skirmishes between pro-Zionist and anti-Zionist partisans. “Long live Hamas!” said others who filmed themselves dancing and praising the al-Qassam Brigades, the armed wing of the Palestinian terrorist organization.
Beyond the occupation of school property, Columbia has produced some of the most indelible examples of antisemitism, pro-jihadist sentiment, and extreme anti-Zionism in American higher education since the start of the Gaza war in October 2023. Such incidents include a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
In July, interim then-university president Claire Shipman said the institution would hire new coordinators to oversee antisemitism complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” the infamous organization CUAD, which had serially disrupted academic life with a number of other unauthorized, surprise demonstrations attended by non-students.
However, Columbia University has retained a professor, Joseph Massad, who celebrated Hamas’s Oct. 7, 2023, massacre across southern Israel — where the Palestinian terrorist group sexually assaulted women and men, kidnapped the elderly, and murdered children in their beds — allowing him to teach a course on the history of the Israeli-Palestinian conflict.
Speaking to The Algemeiner in January, Middle East expert and executive director of Scholars for Peace in the Middle East Asaf Romirowsky said that Massad’s remaining on Columbia’s payroll is indicative of the university’s hesitance to enact meaningful and lasting reforms.
“Joseph Massad is a notorious tenured antisemite who has spent his career at Columbia bashing Israel and Zionism, a poster child for BDS and a scholar propagandist activist. Furthermore, he has shown his true colors time and time again defending Hamas and calling the 10/7 barbaric attack on Israel ‘awesome,’” Romirowsky said.
Noting that Columbia’s own antisemitism task force said in a December report that the institution employs few faculty who hold moderate views on the Israeli-Palestinian conflict, he added, “By allowing Massad to continue teaching and spreading his venom, Columbia is only codifying the dearth of knowledge as it relates to the Middle East. It should take the finding of the report and act upon it by getting rid of the tenured radicals they allowed to hijack the institution.”
Follow Dion J. Pierre @DionJPierre.
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California Governor Gavin Newsom Likens Israel to ‘Apartheid State’
California Governor Gavin Newsom speaks at a press conference, accompanied by members of the Texas Democratic legislators, at the governor’s mansion in Sacramento, California, US, Aug. 8, 2025. Photo: REUTERS/Carlos Barria
California Gov. Gavin Newsom on Tuesday ignited controversy after suggesting it is “appropriate” to describe Israel as an “apartheid state” and questioning the future of US military assistance to the Jewish state during an event to promote his new memoir.
Speaking during a book event in Los Angeles with “Pod Save America” host Tommy Vietor, Newsom said that recent policies pursued by Israel’s current government have made the term increasingly common in international discourse. While framing his comments as reluctant, the Democratic governor said it “breaks my heart,” but argued that the trajectory of Israeli leadership leaves the United States with “no choice” but to reconsider aspects of its longstanding support such as providing military aid.
“I mean, Friedman and others are talking about it appropriately – sort of an apartheid state,” Newsom said in reference to New York Times journalist Thomas Friedman.
“It breaks my heart because the current leadership in Israel is walking us down that path where I don’t think you have a choice but to have that consideration,” Newsom said.
The remarks place Newsom among the most high-profile American elected officials to publicly entertain the apartheid label — a characterization Israel has consistently rejected as false and inflammatory. Israeli officials across the political spectrum have long argued that such comparisons distort the complex security, legal, and historical realities of the Israeli-Palestinian conflict, while ignoring the equal rights afforded to Israel’s Arab citizens and the ongoing security threats facing the country.
Newsom reportedly directed much of his criticism at Prime Minister Benjamin Netanyahu’s governing coalition, describing its policies in the West Bank and toward Palestinians as contributing to growing international unease. His comments come amid continued tensions in the region, including the future prospect of Israeli military operations against Hamas in Gaza and ongoing military conflict with Iran and its regional proxies.
Newsom also directed criticism toward the current war in Iran, accusing Jerusalem of pushing the White House to pursue military conflict with Tehran. The California governor suggested that Israel should not be trusted to lead a successful campaign against Iran, given Jerusalem’s failure to topple Hamas in Gaza. He also suggested that Netanyahu bamboozled US President Donald Trump into pursuing a war against Iran.
“They couldn’t even – I mean, we’re talking about regime change?” he said, “For two years, they haven’t even been able to solve the Hamas question in Israel. So, this is, I mean, you know, I wanna be careful here, but, you know, in so many ways, that influence in the context of the conversation of where Trump ultimately landed on this is pretty damn self-evident.”
Trump was asked at the White House if Israel dragged the US into conflict with Iran and rejected the notion.
“I might have forced their [Israel’s] hand,” Trump told reporters in the Oval Office as he met with German Chancellor Friedrich Merz. “We were having negotiations with these lunatics, and it was my opinion that they were going to attack first. If we didn’t do it, they were going to attack first. I felt strongly about that.”
In Jerusalem, officials have frequently pushed back against the apartheid accusation, noting that Israel is a multiethnic democracy with an independent judiciary, free press, and Arab representation in the Knesset and on the Supreme Court. Critics of the apartheid claim also point to the repeated rejections by Palestinian leadership of past peace proposals that would have established a sovereign Palestinian state alongside Israel.
Newsom’s statements arrive at a sensitive moment in US-Israel relations. As the 2028 Democratic primary begins to set in motion, progressive voices within the Democratic Party have increasingly called for conditioning or reducing military aid to Israel. Newsom, widely viewed as a potential contender for the 2028 Democratic presidential nomination, now appears to be navigating that internal party divide.
In a recent podcast appearance with conservative commentator Ben Shapiro, Newsom rejected the argument that Israel has committed a so-called “genocide” in Gaza and expressed support for the country’s right to defend itself from Hamas terrorism.
Netanyahu has said in several interviews over the past few months that he intends to “taper off” Israeli dependence on US military aid in the next decade.