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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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New York Democrat Comptroller Candidate’s Plan to Divest From Israel Is Imprudent, Republican Opponent Says
Joseph Hernandez, Republican candidate for New York State Comptroller, speaking with voters. Photo: Hernandez campaign
The plan of a Democratic candidate for New York comptroller to divest the state of its holdings in Israel bonds violates the fiduciary duties of an office which oversees the management of hundreds of billions of dollars in pension funds and other assets, his Republican opponent, Joseph Hernandez, told The Algemeiner during an exclusive interview on Monday.
Hernandez, a Cuban refugee whose family fled the Castro regime, explained that the proposal, promised by former Kansas state Rep. Raj Goyle (who moved to New York after a failed bid for US Congress in 2010), would amount to an endorsement of the boycott, divestment, and sanctions (BDS) movement against Israel while alienating a country widely regarded as arguably the most reliable US ally.
Israel bonds, he added, are one of the safest assets a government could own. He has promised to invest $1 billion in them if he is elected.
“From a purely financial perspective, these are good investments. You would put your own money in this for sure, and you shouldn’t apply politics to the equation,” he said. “Imagine if we stopped investing the bonds of other foreign countries or vice versa because of disagreements over policy. That’s just bad decision making.”
“The economic rationale for investing in Israeli bonds is impeccable,” Hernandez continued. “Israel has an exploding technology sector producing giant leaps in artificial intelligence and the next generation of health care and biotech. We should be partnering with them in these areas, beyond the bonds. I think the relationship, from an investment perspective, should be broader. As the fiduciary and ultimately as the sole trustee of the New York State pension fund, I will seek ways not only to increase investment on the bonds side but also to collaborate on bringing the next generation of technologies to New York and promote a new era of job growth in the state.”
In New York City specifically, records show that Israel bonds, historically yielding approximately 5 percent annually, have outperformed many alternatives.
As for the state overall, Israeli firms pour billions of dollars and tens of thousands of jobs into the local economy, and business experts have warned that a push for divestment could lead Israeli-associated and Jewish-owned companies to leave.
A study released by the United States-Israel Business Alliance in October revealed that, based on 2024 data, 590 Israeli-founded companies directly created 27,471 jobs in New York City that year and indirectly created over 50,000 jobs when accounting for related factors, such as buying and shipping local products.
These firms generated $8.1 billion in total earnings, adding an estimated $12.4 billion in value to the city’s economy and $17.9 billion in total gross economic output.
As for the entire state, the report, titled the “2025 New York – Israel Economic Impact Report,” found that 648 Israeli-founded companies generated $8.6 billion in total earnings and $19.5 billion in gross economic output, contributing a striking $13.3 billion in added value to the economy. These businesses also directly created 28,524 jobs and a total of 57,145 when accounting for related factors.
From financial tech leaders like Fireblocks to cybersecurity powerhouse Wiz, Israeli entrepreneurs have become indispensable to the innovation ecosystem. The number of Israeli-founded “unicorns,” privately held companies with a valuation of at least $1 billion, operating in New York City has quadrupled since 2019, increasing from five to 20.
However, anti-Israel activists in the US have been pushing for state and local governments, in addition to businesses, universities, and various cultural forums to divest all assets from Israel-linked entities in accordance with the BDS movement.
The BDS movement seeks to isolate Israel on the international stage as the first step toward its elimination. Leaders of the movement have repeatedly stated their goal is to destroy the world’s only Jewish state.
Goyle’s plan would enact the divestment component of BDS by aiming to limit Israel’s capacity to issue bonds for the purpose of borrowing money, a core function of government which raises capital for expenditures such as roads and bridges while contributing to economic health, market stabilization, and a high credit rating.
The New York Post reported last month that Goyle wants to fully divest $338 million in foreign assets, including Israel bonds, from New York’s retirement fund.
“I’m here to tell you that when I am comptroller, we will not renew the foreign bond portfolio of the state comptroller’s office and that includes Israel bonds,” Goyle told a gathering of supporters of the left-wing Working Families Party. “We will not send a blank check for [Israeli Prime Minister] Benjamin Netanyahu’s war crimes in Gaza.”
The state comptroller’s office manages pensions for state and municipal workers and runs the Common Retirement Fund, one of the largest pension funds in the country with a $291 billion investment portfolio. It currently holds about $337.5 million in Israel bonds.
“I live in New York, the largest Jewish population outside of Israel. I see what this community contributes to America and to our society,” he said. “The relationship that we have is unbreakable and it is one we should continue to invest in both socially, politically, and financially.”
Across the political spectrum, Israel bonds are widely considered wise investments.
“They’re stable, they’re guaranteed, they’ve never had a problem, and it’s a good investment,” state Assemblyman David Weprin, a Democrat and former chair of the New York City Council Finance Committee, told the Post.
Goyle is not the only New York Democrat advocating a rupture in the state’s financial relationship with Israel. New York City Mayor Zohran Mamdani, who entered office last month, has been an outspoken supporter of the BDS movement.
Mamdani, a far-left democratic socialist who has made anti-Israel activism a cornerstone of his political career, has repeatedly accused Israel of “apartheid” and refused to recognize its right to exist as a Jewish state.
Such positions have raised alarm bells among not only New York’s Jewish community but also Israeli business owners and investors, who fear a hostile climate under Mamdani’s leadership.
His election came after former New York City Comptroller Brad Lander refused last year to renew some Israel bonds in the city’s pension fund, which is a separate entity. The office of then-Mayor Eric Adams accused Lander of pushing a political agenda by moving to withdraw millions of dollars in city pension funds from bonds issued by the Jewish state.
On Monday, Hernandez pledged to be beholden to New York’s taxpayers and not fringe ideological groups.
“There’s a reason that this is an independent elected role,” he concluded. “It’s supposed to be a role that doesn’t take political filters or use politics for decision making. This is about fiduciary duty and what it is in the best interest of the taxpayers, and I intend to execute to that effect.”
Both Goyle and Hernandez are vying to unseat incumbent state Comptroller Tom DiNapoli, a Democrat.
Follow Dion J. Pierre @DionJPierre.
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After 3-hour White House meeting, Trump says he ‘insisted’ to Netanyahu that Iran talks should continue
(JTA) — Israeli President Benjamin Netanyahu met with President Donald Trump at the White House on Wednesday in an effort to push the U.S. leader to widen negotiation with Iran to include Israeli security priorities.
“Nothing definitive” came out of the highly anticipated meeting between the leaders, which lasted roughly three hours, Trump wrote in a post on Truth Social immediately afterwards. But he signaled that he had resisted a push to end direct talks with Iran.
“There was nothing definitive reached other than I insisted that negotiations with Iran continue to see whether or not a Deal can be consummated. If it can, I let the Prime Minister know that will be a preference. If it cannot, we will just have to see what the outcome will be,” wrote Trump.
Prior to boarding a flight on his way to Washington D.C. on Tuesday, Netanyahu told reporters that his meeting with Trump would center “first and foremost” on negotiations with Iran.
“I will present to the president our views on the principles in the negotiations, the important principles, and in my opinion they are important not only to Israel — but to everyone in the world who wants peace and security in the Middle East,” Netanyahu told reporters.
During Wednesday’s meeting, which was closed to the press, Netanyahu was expected to push Trump to widen negotiations with Iran beyond its nuclear program, including imposing restrictions on Iran’s ballistic missile program and ending Iranian support for Hamas and Hezbollah.
The talks Wednesday were also expected to center on developments in the ceasefire in Gaza, with Netanyahu officially joining the Board of Peace during a meeting with Secretary of State Marco Rubio earlier in the day.
Met with U.S. Secretary of State @marcorubio at Blair House in Washington.
Ahead of my meeting at the White House with President Trump, I signed Israel’s accession as a member of the “Board of Peace.”
We will continue strengthening the unbreakable alliance between Israel and… pic.twitter.com/CJ4Lw92WdX
— Benjamin Netanyahu – בנימין נתניהו (@netanyahu) February 11, 2026
Netanyahu’s visit Wednesday was his sixth to the United States since the beginning of Trump’s term. Trump surprised him at an earlier meeting by announcing that he planned to open direct talks with Iran, which has vowed to destroy Israel.
The visit shortly followed talks in Oman on Friday between Iran’s foreign minister and Trump administration officials on reaching a potential nuclear deal. Those talks came a month after Iranian leaders ordered a crackdown on civil protesters in which an estimated 30,000 Iranians or more were murdered.
On Tuesday, Trump told Axios that he was “thinking” about sending another aircraft carrier strike group to the Gulf where he has already assembled a large military buildup, adding, “Either we will make a deal or we will have to do something very tough like last time.”
Iran has said it will retaliate if the United States strikes to curb its nuclear program, sparking concern of a war. Last June, the United States struck three nuclear sites in Iran amid the country’s 12-day war with Israel, damaging but not destroying them.
In an interview Tuesday with Fox Business Network’s Larry Kudlow, Trump said that a good deal with Iran would mean “no nuclear weapons, no missiles.”
“We’ll see what happens. I think they want to make a deal,” said Trump. “I think they’d be foolish if they didn’t. We took out their nuclear power last time, and we’ll have to see if we take out more this time.”
The post After 3-hour White House meeting, Trump says he ‘insisted’ to Netanyahu that Iran talks should continue appeared first on The Forward.
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Nazi Symbols Appear at Northwestern University as School Seeks to Turn Page on Campus Antisemitism Crisis
Illustrative: Signs cover the fence at a pro-Palestinian encampment at Northwestern University in Evanston, Ill. on April 28, 2024. Photo: Max Herman via Reuters Connect
Northwestern University said on Monday that it has identified the non-student who graffitied Nazi insignia on the campus earlier this month, pledging to file criminal charges against the suspect through the local police department.
The Schutzstaffel (SS) symbol representing the notorious paramilitary group under Adolf Hitler and the Nazi Party in Germany was spray-painted on Northwestern’s campus in Evanston, Illinois. The SS played a central role in the Nazis’ systematic killing of 6 million Jews during the Holocaust.
After the symbol’s discovery, students reported others like it on the north side of campus even as university maintenance staff rushed to repair the first defacement.
“Despicable and hateful graffiti were found on several signs of our Evanston campus, and the university immediately removed or painted over them,” the university told a local outlet, The Evanston RoundTable, in a statement on Feb. 6. “Northwestern has launched an investigation to identify the individual responsible for this vandalism, utilizing camera footage, forensics, and other methods. Based on that investigation, we have identified a suspect who we belief is unaffiliated with Northwestern.”
It added, “The university is working with local law enforcement on next steps, including potential criminal charges.”
On Feb. 10, The Northwestern Daily reported that the Evanston Police Department is involved in the investigation. “The department takes reports of hate-based incidents seriously and continues to pursue investigative leads,” a spokesperson for the department said.
Northwestern University has been the site of dozens of antisemitic incidents and the center of the federal government’s efforts to combat campus antisemitism.
During the 2023-2o24 academic year, former university president Michael Schill reached a shocking and unprecedented agreement with pro-Hamas organizers of an illegal encampment, agreeing to establish a new scholarship for Palestinian undergraduates, contact potential employers of students who caused recent campus disruptions to insist on their being hired, and create a segregated dormitory hall to be occupied exclusively by Middle Eastern and North African (MENA) and Muslim students. The university — where protesters shouted “Kill the Jews!” — also agreed to form a new investment committee that would consider adopting the boycott, divestment, and sanctions (BDS) movement against Israel.
In late November, Northwestern University agreed to pay $75 million and end the controversial agreement in exchange for the US federal government’s releasing $790 million in grants it impounded in April over accusations of antisemitism and reverse discrimination.
“As part of this agreement with the federal government, the university has terminated the Deering Meadow Agreement and will reverse all policies that have been implemented or are being implemented in adherence to it,” the university said in a statement which stressed that it also halted plans for the segregated dormitory. “The university remains committed to fostering inclusive spaces and will continue to support student belonging and engagement through existing campus facilities and organizations, while partnering with alumni to explore off-campus, privately owned locations that could further support community connection and programming.”
Northwestern had previously touted its progress on addressing the campus antisemitism crisis in April, saying that it had addressed alleged failures highlighted by lawmakers and Jewish civil rights activists.
“The university administration took this criticism to heart and spent much of last summer revising our rules and policies to make our university safe for all of our students, regardless of their religion, race, national origin, sexual orientation, or political viewpoint,” the university said at the time. “Among the updated policies is our Demonstration Policy, which includes new requirements and guidance on how, when, and where members of the community may protest or otherwise engage in expressive activity.”
The university added that it also adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, a reference tool which aids officials in determining what constitutes antisemitism, and begun holding “mandatory antisemitism training” sessions which “all students, faculty, and staff” must attend.
“This included a live training for all new students in September and a 17-minute training module for all enrolled students, produced in collaboration with the Jewish United Fund,” it continued. “Antisemitism trainings will continue as a permanent part of our broader training in civil rights and Title IX.”
Other initiatives rolled out by the university include an Advisory Council to the President on Jewish Life, dinners for Jewish students hosted by administrative officials, and educational events which raise awareness of rising antisemitism in the US and around the world. Additionally, Northwestern said that it imposed disciplinary sanctions against several students and one staff member whose conduct violated the new “Demonstration and/or Display Policies” which safeguard peaceful assembly on the campus.
Follow Dion J. Pierre @DionJPierre.