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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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9 Israeli Soldiers Injured in Lebanon Fighting, 2 in Serious Condition

Two IDF soldiers. Photo: IDF.

i24 NewsTwo Israeli officers were seriously wounded and seven additional soldiers injured in two separate incidents in southern Lebanon, the Israel Defense Forces (IDF) said.

According to the military, the first incident occurred during the morning hours amid an encounter between Israeli forces and armed militants operating in the area.

During the engagement, an anti-tank missile was launched toward deployed troops, which the IDF said was fired by Hezbollah operatives. Two officers were struck in the attack, with one sustaining serious injuries and the second moderately wounded.

A second incident took place overnight in a separate sector of southern Lebanon, when Israeli forces operating in the area came under rocket fire. In that strike, one officer was seriously wounded and six soldiers were moderately injured, the IDF said.

The incidents come amid ongoing cross-border hostilities between Israel and Hezbollah, marked by repeated exchanges of fire and periodic ground confrontations in southern Lebanon.

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Report: Some 30 US Troops Injured in Iranian Attacks on Prince Sultan Air Base in Saudi

Screenshot of video of Saudi Arabia’s Air Force intercepts Iranian drones over Saudi airspace. Photo: Saudi Defense Ministry / Screenshot

i24 News –  Over 12 US troops have been injured in Iranian attacks on a Saudi air base in the past week, the Associated Press reported on Saturday citing two people who have been briefed on the matter.

On Friday, the Islamic Republic launched six ballistic missiles and 29 drones at Saudi Arabia’s Prince Sultan air base, wounding at least 15 troops, including five seriously, according to the sources who spoke to AP on the condition of anonymity.

US officials initially reported that at least 10 US troops were injured, including two seriously wounded.

The base had come under attack twice earlier this week, including an incident that injured 14 US troops, according to the people who had been briefed on the matter.

Located some 100 kilometers from the Saudi capital of Riyadh, the base is run by the Royal Saudi Air Force, but is also used by US troops.

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At CPAC, a Generational Divide Over Republican Support for Israel

Gabriel Khuly, 19, and Joshua-Caleb Barton, 31, pose for a picture outside Generation Zion’s booth at the Conservative Political Action Conference (CPAC) USA 2026 at the Gaylord Texan Resort and Convention Center, in Grapevine, Texas, U.S., March 27, 2026. Picture taken with a mobile phone. REUTERS/Nathan Layne

When former Congressman Matt Gaetz opened his speech by aligning with a Republican faction “loyal to only one nation,” his message to the Conservative Political Action Conference was clear: It was a veiled swipe at perceived Israeli influence over US politicians, even without naming Israel outright.

A month into the US-Israeli war with Iran, Gaetz’s comments struck a discordant note at the annual CPAC event. They cut against calls for unity and exposed a growing Republican rift largely along generational lines, as younger conservatives increasingly question support for Israel.

That skepticism reflects a broader distrust of military intervention among younger Republicans, fueled in part by conservative figures such as Tucker Carlson, whose allegations of excessive Israeli influence on US policy have drawn accusations that he is stoking antisemitism. Carlson has repeatedly denied accusations of antisemitism.

The Iran war, including Israel’s role in it, emerged as one of the main flashpoints at CPAC, which for decades has served as a central gathering for Republican politicians and activists.

Jack Posobiec, a conservative commentator and online influencer, said age 45 is a dividing line, with the younger cohort more likely to question the party’s steadfast support of Israel.

“People want to paint it off as if it’s antisemitism, but I don’t think that’s what it is,” Posobiec told Reuters. “It’s just a question of: Why? What is the purpose of this relationship? And I hear that a lot from young voters.”

The issue has roiled the Democratic Party in recent weeks, with some lawmakers and primary candidates distancing themselves from the pro-Israel lobbying group AIPAC amid growing unease over Israel’s military actions.

It is now exposing fault lines among Republicans as well, turning off young voters who helped propel Trump to victory in 2024 and potentially complicating the party’s efforts to defend slim majorities in the Senate and House of Representatives heading into November’s midterm elections.

Noah Bundy, 17, and Ryder Gerrald, 18, conservative friends from Georgia attending their first CPAC, said they opposed the war with Iran and questioned whether the military operation put Israel’s interests ahead of America’s.

“I think they totally pushed us into a war with Iran,” Bundy said. “My whole family is military and none of us is really for it.”

“Our younger generation, we don’t like Israel as much compared to the older generation,” said Gerrald. He said he would prefer redirecting US taxpayer dollars toward domestic priorities, rather than spending to bolster Israel’s military.

EVANGELICAL SUPPORT FOR ISRAEL

The party’s pro-Israel stance, however, resonates strongly with evangelicals – a pillar of Trump’s political base – and with older voters like Harry Strine III, an 83-year-old CPAC attendee who was wearing a red “Make America Great Again” hat.

“Israel is God’s people,” Strine said. “The US was founded on the Judeo-Christian belief. I guess I’m a traditionalist.”

On the conference’s opening day, Rev. Franklin Graham said that, by striking Iran to protect Israel, President Donald Trump was like the biblical figure of Esther, a Jewish queen who, according to scripture, was elevated by God to save her people from annihilation in ancient Persia.

“I believe God has raised him up for a time such as this, like Queen Esther,” said Graham, a prominent Christian evangelist, invoking a core evangelical belief that the modern state of Israel represents the fulfillment of biblical prophecy.

But unease over the Iran war and rising gasoline prices has pushed Trump’s approval rating down to 36% – its lowest since his return to the White House – a Reuters/Ipsos poll completed on Monday found. Support among his core base remains strong, however, with 74% of Republicans backing the strikes on Iran.

The debate over Israel coincides with a broader Republican fight over the future of the MAGA movement and who belongs in it. Allegations of antisemitism flared at a December event organized by Turning Point USA, a nonprofit focused on promoting conservative politics. At its first national event since founder Charlie Kirk’s death, commentator Ben Shapiro criticized fellow conservatives for associating with figures like white nationalist streamer Nick Fuentes, who has praised Hitler.

In his CPAC speech on Thursday, Gaetz said he did not agree with Shapiro and other conservative commentators “that we have some sort of near slavish loyalty to a country in a faraway land,” an apparent reference to Israel.

He argued that conservatives needed to allow for disagreements and that “antisemitism isn’t hiding around every corner and in every bush.”

Visitors to the CPAC booth of Generation Zion, a nonprofit group that trains young Christians and Jews to advocate for Israel and to combat antisemitism, could pick up a sticker reading “Tucker Carlson Hates Me,” a rebuke of the commentator’s recent criticism of Christian Zionism and Israel’s alleged sway over U.S. politics.

Gabriel Khuly, a 19-year-old volunteer for the group, said that while the Republican Party has an antisemitism problem, it is driven by a small minority with an outsized voice online.

“The actual anti-Israel, antisemitic wing of the Republican Party, I think, makes itself seem a lot bigger than it really is.”

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