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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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Republican Mike Rogers is the Senate candidate Democrats need to save their party

Many progressive Michiganders – especially in the Jewish community – will hold their nose and vote for Democratic Senatorial candidate Abdul El-Sayed despite his association, friendship and political partnership with antisemitic streamer Hasan Piker.

Many will hold their nose because El-Sayed has called Israel a “rogue” state, refusing to recognize the Jewish State of Israel as legitimate.

They will hold their nose and vote for El-Sayed because they are more scared of the Republicans’ hold on the Senate than a tainted Democrat.

However, as a social progressive who almost always votes Democrat, I want to push back against this logic and urge my fellow Michigan Democrats and progressives to vote for Republican candidate Mike Rogers for the sake of progressive, democratic values.

For me, the disdain that El-Sayed has shown for the Jewish community, especially in his continuing refusal to disavow his relationship with Piker, puts him in the same category as candidates who are openly racist and homophobic. Even the most loyal progressive would reject a racist, even if that meant risking a Republican Senate.

To show the Democrats that such candidates should never be nominated, we must show them that such candidates can never win. Such a candidate winning would be a disaster for the most fundamental requirements we have for any candidate of any party.

Instead, those who really want to focus on turning the Senate Democratic should slip across Michigan’s border to Ohio to knock on doors for Sherrod Brown or donate to help James Talarico in Texas. Those efforts would be a real show of Democratic and progressive solidarity – much more than a vote for El-Sayed.

Donald Trump and the Republican party would like nothing more than to see Abdul El-Sayed in the Senate – an easy target to paint all progressives, liberals and loyal Democrats with the brush of anti-Zionism and antisemitism.

The anti-Israel and antisemitic words of El-Sayed and other extremists in the party are a poison that has the potential to severely damage the party long term and make it unviable both for Jews and all those with traditional liberal values. Only a decisive win for Rogers will send a clear message to the Democrats that a return to a stance that is both pro-Israel and pro Palestinian, respecting the Jewish community, is the only way for a strong party to stand up to the Republicans in national elections to defend our progressive values.

This election is not just about the safety and future of Jews in the Democratic party. It is also about returning America to a place where we do not tolerate the harassment of people with whom we politically disagree. The harassment and intimidation of any candidate considered pro-Israel at the Michigan Democratic convention in April traumatized many Jewish participants. Michigan’s Jewish Attorney General Dana Nessel skipped the convention on Saturday out of fear for her safety.

Meanwhile, El-Sayed has said nothing to apologize for his supporters who carried out this gross infraction of the democratic process.  Imagine what the National Democratic Convention will look like in less than two years if this model of behavior is not denounced now. Jews with traditional pro-Israel values will see they have no place in the Democratic party.The only way to stop this behavior is to show that it leads to Democrats losing elections.

In recent days, El-Sayed reportedly apologized for remarks he made in March after a truck loaded with explosives rammed into Temple Israel in suburban Detroit with a driver intent on shooting whomever he didn’t blow up. There were more than 100 children inside.

Jews were shocked when El-Sayed seemed to justify the near murder with the words “hurt people hurt people.” His recent non-apology apology if anyone was hurt by his words made it worse.

He doubled down on recognizing the “context” for the attempted massacre: Israel’s actions in Lebanon fighting Hezbollah – the terror group in which the Michigan terrorist’s brother was a member when he died.

In other words, according to El-Sayed, if children are blown up in Michigan, you can blame Israel.

Moreover, he continues to blame Israel for Michigan not having enough funds for its public schools and other needs, a classic antisemitic deflection. His antisemitic blood libel continued after his primary victory when he accused Israel – not just its government – of being “bloodthirsty” – in its defensive war against Hamas.

El-Sayed’s friend and campaign partner Hasan Piker has shared the same sentiment ,warning pro-Israel American Jews that if they continue to defend Israel, they will be targeted because of that stance.

I urge my fellow progressives to examine Piker’s comments insulting Poles and Poland, blaming the West for Russia’s invasion of Ukraine and his disdain for Black chatterers on his show – with the vilest of expressions.  How can they vote for a candidate who befriends such a man and repeatedly invites him to campaign events?

Yes, Mike Rogers is an old-fashioned conservative who has had to cede some ground to Donald Trump’s conspiratorial views of the 2020 election. But I would argue that worse for our democracy is to normalize the cesspool of disgusting swearing and demonization that Piker champions.

Progressive Democrats must never give up the fight for our causes.  However, in the long run, we must right the sinking ship of the Democratic party, a party which is our only hope for winning the war for our progressive values. The path to making this necessary correction is turning our energies to making sure that Mike Rogers defeats Abdul El-Sayed. That is why Rogers, a Republican, has my vote and my voice.

The post Republican Mike Rogers is the Senate candidate Democrats need to save their party appeared first on The Forward.

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Randy Fine denounces ‘rise of Islam in America’ in address to Republican Jewish confab

(JTA) — LAS VEGAS — Jewish far-right firebrand Randy Fine attacked Muslim politicians in the Democratic party as he addressed the Republican Jewish Coalition’s annual summit on Sunday night.

There were many denouncements of democratic socialist politicians at the gathering’s gala dinner, but the Florida congressman’s criticism was the most pointed as he addressed, what he said was “the elephant in the room: the rise of Islam in America.”

“We are constantly told that the problem is not mainstream Islam, but radical Islamism. But where are the so-called moderate Muslims in our political system?” Fine said to applause.

Fine, who won his recent Florida primary with endorsements from the RJC, President Donald Trump and the pro-Israel lobbying group AIPAC, has prompted considerable ire on Capitol Hill for comments denigrating Muslims — including comparing them to dogs — and saying that Gazans should “starve away” until the Israeli hostages were released.

Fine was one of a few speakers who blasted progressive figures such as New York City Mayor Zohran Mamdani, Abdul El-Sayed and the streamer Hasan Piker, as they spoke to an audience of mostly RJC members and students, who were seated in a ballroom inside Las Vegas’ Venetian Resort.

Most speakers criticized socialists who they say are taking over the Democratic Party, and emphasized the need for Republicans to maintain control of the House and Senate in November. Fine said he was intentionally pointing to a list of Muslim figures.

“The fact that not all Muslims are bad does not mean that no Muslims are bad,” Fine told reporters after the program on Sunday. “People are unwilling to have that discussion, and if we don’t have it we’re going to have real problems in this country.”

The other speaker on Sunday who seemed willing to have the discussion was Texas Rep. Brandon Gill, who said Islam is “fundamentally incompatible with our way of life” and decried the “Islamization of Texas.”

“If we want to fight antisemitism, we need to start with our immigration policy,” said Gill. He added that “importing people whose values are incompatible with our own” would make the U.S. weaker.

Fine commended Gill after the event for his comments about Islam while others were “afraid to talk about it.”

“I give him credit,” Fine said.

Fine’s comments came just weeks after an ugly primary battle against anti-Israel influencer and former celebrity poker player Dan Bilzerian, who has said he wants to “kill Israelis” and believes the Holocaust death toll was exaggerated. Fine made headlines with inflammatory comments about Armenians (Bilzerian is Armenian-American) in addition to his rhetoric on Muslims.

About an hour before he spoke, Fine tweeted a recent video of Gov. Kathy Hochul wearing a hijab while visiting a mosque, adding the caption, “This is what surrendering to Mainstream Islam looks like.”

This article originally appeared on JTA.org.

The post Randy Fine denounces ‘rise of Islam in America’ in address to Republican Jewish confab appeared first on The Forward.

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‘All of us have to bring down violence wherever we see it,’ El-Sayed says following address to Jewish Democrats

(JTA) — BIRMINGHAM – Michigan U.S. Senate candidate Abdul El-Sayed said he wished he could retract his past comments regarding a synagogue attack, speaking with the Jewish Telegraphic Agency minutes after he issued his second apology in as many days to the Jewish community in the Wolverine State.

“If I had the opportunity to take it back, I would take it all the way back,” he said.

“There is never a justification for a terrorist act, period,” El-Sayed added. “What I was trying to say is that there is a broader question of the responsibility I think all of us have to bring down violence wherever we see it and however we see it.”

He added, “I understand and heard that people felt like it was justifying the attack, and I didn’t intend to justify it.”

El-Sayed addressed around 300 Michigan Jewish Democrats at the caucus’s annual “Summer Simcha” fundraiser in suburban Detroit on Sunday, one day after he spoke to the caucus at the state Democratic nominating convention. At both events, he sought forgiveness for his earlier comments that had linked the March attack at Temple Israel, in West Bloomfield Township, to Israel’s war in Lebanon.

In his Sunday speech he referenced the Jewish “value of tikkun olam, to repair the world,” and he affirmed the synagogue preschool had been “attacked by a terrorist.” To the gathered Jewish Democrats, the candidate added he hoped to “earn your trust.”

His outreach to Jewish voters will soon become even more pronounced. The campaign intends to hire a Jewish liaison and is in the midst of an interview process for the role, which includes talking with Jewish community leaders, a person familiar with the campaign told JTA.

With El-Sayed’s narrow primary victory, and Michigan’s increasing centrality in the fight for control of the Senate, the state’s approximately 100,000 Jewish voters — the majority of whom have historically voted Democrat — find themselves under the microscope as they weigh voting for a candidate who supports zeroing out all aid to Israel. Following his Summer Simcha speech, El-Sayed stayed to speak with a long line of Jews who came up to share their concerns.

Asked later what he’s heard from the Jews who speak to him, he told JTA, “I hear a lot about safety, and folks want to know that they’re going to be safe.”

He added, “The prerequisite of Jewish safety is never in question to me, and I just want to make that very, very clear.”

The event, at which JTA was the only media outlet given permission to attend, underscored the tension that has become increasingly difficult for Jewish Democrats, in Michigan and beyond, to reconcile: whether party candidates have earned the vote of their Jewish constituents when those candidates won’t commit to supporting Israel’s existence as a Jewish state, or haven’t taken what community members feel is a strong enough stance against antisemitism.

El-Sayed’s Jewish liaison will likely have their work cut out for them. In both of his spoken apologies this weekend, the candidate had insisted the main problem was with the timing of his attempt to apply “context” to the situation, not with the substance of what he said. Yet many Jews then and now objected to the idea that bringing up Israel’s war in Lebanon was appropriate context when discussing a synagogue attack.

Rabbi Paul Yedwab, a member of Temple Israel’s clergy who was not in attendance at the event, declined to comment to JTA on El-Sayed’s apologies, citing the synagogue board’s recent reaffirmation of a federal law prohibiting houses of worship from commenting on electoral politics.

Asked about which “context” he had been referring to in his apologies, El-Sayed told JTA he meant “violence in all of its forms, in all circumstances.”

El-Sayed shared the room with some party figures who have sharply opposed him, and who the state’s Jewish Democrats hold in high esteem. The caucus event honored state Attorney General Dana Nessel, who is Jewish and who has had public disagreements with El-Sayed over his handling of Jewish communal issues.

In her own speech, Nessel acknowledged that Jews were being forced into a “stark choice” thanks to “members of our own party who seek the destruction of Israel as a Jewish state and place the Jewish diaspora in jeopardy.”

Yet the attorney general stressed that the election was bigger than Israel, and, invoking Purim’s Queen Esther, urged Jewish voters to put their own feelings of personal safety aside.

“We have a moral imperative to place the needs of the world above even our own self-interest and, yes, even our own survival,” she told the crowd.

Nessel said that other societal concerns – climate change, artificial intelligence, the threat of nuclear warfare – loom larger than support for Israel alone and would worsen under continued GOP rule. “What is defending the historic homeland of our ancestors and demanding that candidates acknowledge its right to exist, if the planet upon which it rests is no longer inhabitable?” she asked.

“I think it’s so easy for people to lash out at what they perceive are direct attacks on their faith, on their cultural beliefs, on their historical ancestry,” Nessel told JTA following her speech. “It’s very easy for people to be mad and to say, ‘I reject that.’ I just hope that people will consider that there are many other factors at play.”

Even among caucus leadership, though, there were deep divisions over the right Jewish approach to take in the election.

“I’m a Mike Rogers supporter,” Troy Zukowski-Serlin, a Kalamazoo-based member of the Michigan Jewish Democrats board, told JTA on Sunday before El-Sayed’s speech. Despite his board position, Zukowski-Serlin said nothing would change his mind about voting for the Republican candidate: “It’s signed, sealed and delivered with me.”

His wife Michelle, who attended the event wearing a dress with an Israeli flag imprint, said she would be writing in Nessel, “my hero,” on the ballot.

Jewish Michigan state Sen. Jeremy Moss, who is running for Congress in a heavily Jewish suburban Detroit district and whose own disagreements with El-Sayed have spilled into public view, told JTA that the event was “a step in the right direction” for the candidate.

“It has lingered in the Jewish community for the last six months,” Moss said, of El-Sayed’s initial comments about the Temple Israel attack in his district. “And I appreciate that this is something that he recognized there needed to be a reckoning with, and amends toward.”

Some Jewish communal leaders in attendance, though, said he wasn’t there yet.

“He is moving, and I’m hopeful about that. And it’s making me feel more secure in his leadership,” Rabbi Josh Whinston of Temple Beth Emeth, a Reform synagogue in Ann Arbor, told JTA. “There’s still work to do.”

Whinston said he would also like to see El-Sayed address other comments he has made, including having referred to the Israeli government as “bloodthirsty.” Such language, the rabbi said, “puts us in harm’s way.”

The event’s organizers were also skeptical that El-Sayed had changed many minds.

“I think that people are pretty well set in what they want to do,” Joan Lowenstein, another caucus board member, told JTA. “But I think they still want to hear words that make them feel that someone else is thinking about what they’re concerned about.”

Liz Fried, of Ann Arbor, was one of the attendees who went up to speak to El-Sayed afterwards. She told him that her children were soon to fly to Israel, and asked if he would support funding for the Iron Dome defensive system.

He wouldn’t, she recalled to JTA — a position he has held in public.

“I was upset,” Fried said. “He doesn’t care about the safety of my children.”

This article originally appeared on JTA.org.

The post ‘All of us have to bring down violence wherever we see it,’ El-Sayed says following address to Jewish Democrats appeared first on The Forward.

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