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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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Iran Expands Child Soldier Recruitment, Cracks Down on Dissent Amid Escalating US-Israeli Strikes

A blaze after Israel’s Fire and Rescue Service said that an industrial building and a fuel tanker at Israel’s Oil Refineries were hit by debris from an intercepted Iranian missile, amid the US-Israel conflict with Iran, in Haifa, Israel, March 30, 2026. Photo: REUTERS/Rami Shlush

As US and Israeli strikes pound Iranian military sites, Iran is lowering the enlistment age for security roles to 12 and threating civilians with death for photographing war damage, fueling international outrage.

Last week, Iran’s Islamic Revolutionary Guard Corps (IRGC) announced a campaign recruiting children as young as 12 to serve as “Homeland Defending Combatants for Iran,” assisting with patrols, checkpoints, and logistics.

With the minimum age for war roles officially lowered to 12, human rights groups are now condemning the move, demanding that Iranian authorities immediately halt the campaign while imposing a complete ban on enlisting children under 18 in all military and paramilitary forces.

“There is no excuse for a military recruitment drive that targets children to sign up, much less 12-year-olds,” Bill Van Esveld, associate director for children’s rights at Human Rights Watch, said in a statement. “What this boils down to is that Iranian authorities are apparently willing to risk children’s lives for some extra manpower.”

“The officials involved in this reprehensible policy are putting children at risk of serious and irreversible harm and themselves at risk of criminal liability,” Van Esveld continued. “Senior leaders who fail to put a stop to this can make no claim to care for Iran’s children.”

For years, Iran has drafted children under 18 into the Basij militia, with Human Rights Watch documenting boys as young as 14 years old killed in combat, revealing a brutal pattern of exploiting children on the battlefield.

In the past, widely circulated social media images and videos have repeatedly shown children and teenagers in military-style uniforms cracking down on protests, including during the 2022 Woman, Life, Freedom uprising, which erupted nationwide after Mahsa Amini, a young Kurdish woman, died in a Tehran police station following her arrest for allegedly violating hijab rules.

Under international law, Iran’s latest initiative flagrantly violates the Convention on the Rights of the Child, which explicitly prohibits the use of children in military activities, marking a dramatic breach of its global obligations.

Human Rights Watch also uncovered multiple other war crimes, including the Iranian government’s relentless use of cluster munitions delivered by ballistic missiles at Israel since the conflict erupted last month. At least four civilians have been killed in these strikes, which constitute clear violations of international humanitarian law.

“Iran’s use of cluster munitions in populated areas in Israel pose a foreseeable and long-lasting danger to civilians,” Patrick Thompson, a researcher in HRW’s Crisis, Conflict, and Arms Division, said in a statement. “Cluster munition bomblets are dispersed over a wide area, making them unlawfully indiscriminate in violation of the laws of war.”

Fired from rockets, missiles, or aircraft, cluster munitions spread dozens of explosive bomblets across large areas, leaving many unexploded and posing a long-term, landmine-like danger to civilians for years or even decades.

Amid relentless US and Israeli attacks and mounting international pressure, the regime is also intensifying its domestic crackdown, now warning that photographing war-damaged areas could carry the death penalty.

Under this newly enacted policy, people accused of spying or cooperating with “hostile states” could face the death penalty and have all their assets confiscated.

Anyone caught photographing damaged sites could be accused of espionage, potentially providing intelligence to coalition forces, and face execution.

“People who take photos or videos of damaged sites and share them are effectively confirming whether strikes hit their targets,” Iran’s judiciary spokesperson Asghar Jahangir said on Tuesday, describing the action as the equivalent of cooperating with and providing intelligence to the enemy.

According to Iranian media and watchdog groups, more than 1,000 people have been arrested this month for filming sensitive locations, sharing anti-government content online, or allegedly “cooperating with the enemy.”

Against the backdrop of large-scale US and Israeli strikes pounding key regime strongholds in Shiraz and Isfahan — where critical military infrastructure has been repeatedly hit — tensions have surged to a boiling point as the pressure campaign intensifies

On Tuesday, the Israeli Air Force launched another sustained wave of precision airstrikes against Iranian weapons production and research facilities around Tehran, seeking to disrupt and dismantle the missile supply and manufacturing networks that support Tehran’s military arsenal.

Meanwhile, the IRGC this week threatened 18 American multinational technology and industrial companies, accusing them of involvement in “terrorist operations” and labeling them as “legitimate targets.”

“We advise the employees of these institutions to immediately distance themselves from their workplaces to preserve their lives,” the statement published on Tuesday said. “These companies should expect the destruction of their respective units in exchange for each terror act in Iran, starting from 8 PM Tehran time on Wednesday, April 1st.”

Among the companies mentioned were major corporations such as Microsoft, Google, Apple, Intel, IBM, Tesla, and Boeing.

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Jews paused Indiana’s abortion ban — by turning a religious freedom law against the evangelical right

When Elly Cohen chose to terminate her pregnancy in 2022, it aligned with her understanding of Jewish law that life begins at birth, not conception.

Cohen and her husband were eager to give their then 4-year-old daughter a sibling. But her fetus had been diagnosed with Trisomy 18, a severe chromosomal disorder that, in most cases, leads to death before birth or within the first year of life. She decided to end the pregnancy.

Had she gotten pregnant just a few months later, she might not have had that choice. She lives in Indiana, one of 13 states that enacted near-total bans on abortion following the Supreme Court’s Dobbs decision, which overturned Roe v. Wade.

Indiana’s law does allow abortion for for lethal fetal anomalies up to 22 weeks, but doctors bear legal risk in determining whether a particular diagnosis meets the statute’s definition — a gray area that can lead to delays or reluctance to provide care.

That reality stirred Cohen into action. She co-founded Hoosier Jews for Choice, a Jewish group that advocates for abortion access, which joined five anonymous women of multiple faiths in a lawsuit backed by the American Civil Liberties Union. Their argument relied on a religious freedom law — the Religious Freedom Restoration Act, or RFRA — signed by former Indiana governor Mike Pence in 2015. It was one of many such state laws passed amid calls from some evangelical Christians to establish their right not to do business that violated their beliefs, such as baking a wedding cake for a gay wedding.

Reproductive rights activists Amalia Shifriss and Elly Cohen at a rally in September 2022. Courtesy of Amalia Shifriss

Hoosier Jews for Choice saw an opening for Jews to exercise their religious freedom under the same law, but for a purpose at odds with evangelical Christianity: to gain access to abortion. Earlier this month, Judge Christina Klineman of Marion County Superior Court agreed, permanently blocking enforcement of the state’s abortion ban for plaintiffs with sincere religious objections.

Hoosier Jews for Choice is celebrating the ruling as the biggest legal win to date in support of the argument that abortion bans violate Jews’ religious freedom. The group is hopeful that similar cases can build on the Indiana case’s success nationwide.

The ruling could still be reversed: Indiana Attorney General Todd Rokita has appealed the decision, and the case is headed to the Indiana Supreme Court, where all five justices are Republican appointees. Meanwhile, Klineman, elected to the bench in 2014 after winning a Democratic primary, has faced calls for her impeachment over her decision, in what U.S. Sen. Jim Banks (R-IN) called “one of the most ridiculous rulings I’ve seen in a long time.”

But for Amalia Shifriss, who testified on behalf of Hoosier Jews for Choice in the lawsuit, the latest ruling is a positive sign that the law will be applied consistently. If religious freedom applies to Christians objecting to baking a same-sex wedding cake, she said, then it must apply to liberal Jews, too.

“RFRA should not just be for what some lawmakers see as the religious right,” Shifriss told the Forward. “It should be for all religions.”

‘Perversion of the law’s intent’

In winning the right to an abortion, Hoosier Jews for Choice relied on a law passed by Pence, who would become Donald Trump’s vice presidential running mate on the strength of his reputation as a stalwart advocate for evangelical Christians. Pence rose to national prominence based on his unwavering opposition to abortion — and his conservative leadership as Indiana governor.

Then-Gov. Mike Pence of Indiana holds a press conference on March 31, 2015, where he spoke about the Religious Freedom Restoration Act. Photo by Aaron P. Bernstein/Getty Images

Anti-abortion advocacy organizations — including Indiana Right to Life and SBA Pro-Life America — supported the law.

Back in 2015, the debate over RFRA centered on small-business owners that sought to refuse service to LGBTQ+ people. Eric Miller, a conservative activist who was in the room when Pence signed the law, wrote then that “Christian bakers, florists and photographers should not be punished for refusing to participate in a homosexual marriage!”

Massive backlash against the law — notably by the NCAA  the weekend before the Final Four basketball game was slated to occur in Indianapolis — led Pence to sign into law a clarification that businesses could not use the Religious Freedom Restoration Act to deny services to people on the basis of their sexual orientation.

But the law itself remained on the books — ripe for abortion-rights groups to wield a decade later.

Now, a little over a decade after Indiana first passed RFRA, organizations that once supported  the law’s broad application have changed their tune.

“For the court to rule that taking the life of an unborn child is an exercise of religious freedom is deeply distressing — and a perversion of the law’s intent,” Indiana Right to Life president Mike Fichter said in an online statement following Klineman’s March 5 ruling. Indiana Right to Life did not respond to the Forward’s request for comment.

That shift has been part of a larger legal trend: Conservative Christian groups like Alliance Defending Freedom have long argued that the government must have a compelling reason to force someone to act against their religious beliefs — whether mandating vaccines, serving LGBTQ clients, or covering contraception in employee health care plans.

But when it came to religious plaintiffs who support abortion access, some on the Christian right didn’t think the same expansive view of religious freedom applied.

“Indiana’s religious freedom laws were passed for the purpose of protecting religious practice, not to protect the ending of a human life,”Indiana’s religious freedom laws were passed for the purpose of protecting religious practice, not to protect the ending of a human life,” Alexander Mingus, executive director of the Indiana Catholic Conference, said in an online statement after Klineman’s ruling. “Religions that preach violence are not protected by religious freedom claims.”

Mingus did not respond to the Forward’s request for an interview.

The Becket Fund for Religious Liberty, a nonprofit that has made its name arguing religious freedom cases in front of the Supreme Court, also objected to the Jewish plaintiffs’ interpretation of RFRA. In 2014, Becket successfully argued in Burwell v. Hobby Lobby Stores, Inc. that employers could refuse to cover contraception on religious grounds. Meanwhile, in the Indiana case, Becket filed a brief questioning the sincerity of the Jewish plaintiffs’ religious beliefs.

“The case fails RFRA’s test for multiple reasons, including allowing people to join Hoosier Jews for Choice by filling out an anonymous Google form with zero requirement to actually agree with Jewish religious teachings,” Lori Windham, senior counsel for Becket, said in a statement to the Forward.

Cohen disputed that characterization. She said that all members of Hoosier Jews for Choice were required to share their name and contact information, which it did not make public in order to protect members’ confidentiality. She added that group members who joined the lawsuit were asked to indicate whether they could connect their view on the abortion ban to their Jewish values and beliefs, and the vast majority of members did.

David Schraub, an assistant professor at Lewis & Clark Law School who has written about the Indiana case, said that courts do assess whether a religious belief seems genuine. But according to Schraub, the bar for establishing sincerity is low — typically an issue only in cases clearly brought in bad faith. For instance, Schraub recalled a case in which a defendant, trying to avoid paying taxes, cycled through various legal arguments before ultimately inventing “the Church of Ayn Rand.”

The Indiana case is fundamentally different, Schraub said, given the long-standing religious grounding for more permissive Jewish views on abortion.

“They tried to argue that this was not a sincerely held religious belief, which I think was really quite disrespectful, because it flies in the face of a lot of evidence about what we know about how Jews conceptualize the relationship to reproductive freedom,” Schraub said. “They’re just not willing to accept that there is such a thing as a sincere and genuine liberal religious tradition.”

Jewish beliefs, Jewish practices

A 2014  Pew Research poll found an estimated 83% of American Jews believe that abortion should be legal in all or most cases. That’s likely because Jews across denominations largely agree that life begins at birth, not conception. Sources in the Talmud say that in the first 40 days of pregnancy, the fetus is considered “mere water.” Jews value the fetus as “potential life,” gaining the legal status of nefesh, or personhood, at birth.

Still, Jews do not have monolithic views on abortion. Orthodox groups are divided, though couples generally consult rabbis on the matter and believe the choice to get an abortion should be governed by Jewish law, not personal choice.

The Conservative movement’s Rabbinical Assembly supports the right to choose abortion in cases where “continuation of a pregnancy might cause severe physical or psychological harm, or where the fetus is judged by competent medical opinion as severely defective.”

Reform Judaism emphasizes bodily autonomy, with the view that “the decision to terminate a pregnancy is one that, in all circumstances, should ultimately be made by the individual within whose body the fetus is growing.”

Rabbi Sandy Sasso — one of three rabbis the ACLU asked to give expert testimony in the Indiana case, and the first woman ordained a rabbi in Reconstructionist Judaism — told the Forward that the diversity of opinion within Judaism underscores the argument for challenging abortion bans.

“That actually is just the point — there are different religious views,” Sasso said. “The Constitution does not allow you, since there is separation of church and state, to enshrine one religious view over the other.”

Rabbi Sandy Sasso, who testified on behalf of the Indiana plaintiffs. Courtesy of Sandy Sasso

Can religion and abortion coexist?

Shira Zemel, abortion access campaign director at the National Council of Jewish Women, is helping lead a national push to reframe “reproductive freedom as religious freedom.”

Each year since 2021, the Council has organized “Repro Shabbat,” which aligns with the Torah portion from Exodus Parashat Misphatim. The portion says that if a man pushes a pregnant woman, causing her to miscarry, he should pay a fine. But if any other damage results, the punishment should be according to the principle of “eye for an eye.” The portion is often interpreted as evidence that Judaism does not view a fetus as having the same legal status as a person.

The group has also backed that argument in court, filing a brief with 21 other organizations of faith in support of the plaintiffs challenging Indiana’s abortion ban — and hoping similar lawsuits will build on that case’s success nationwide.

The legal pathway exists in many places: 29 states have their own versions of the Religious Freedom Restoration Act, including at least 11 that severely restricted abortion after the Dobbs decision. According to Ken Falk, legal director of the ACLU of Indiana, the same legal reasoning used in Indiana could feasibly be applied in any of those states.

Some legal challenges are already underway, including in Kentucky and South Carolina, where litigation is ongoing. Others have faltered: In Missouri, a judge upheld the state’s abortion ban after a group of interfaith clergy sued on religious grounds. In Florida, a Jewish-led challenge to a ban after six weeks of pregnancy fizzled out after Rabbi Barry Silver, who brought the case on behalf of his synagogue, died of colon cancer in 2024.

Zemel said she hopes the Indiana case can serve as not only a legal blueprint, but also as a sign of a broader cultural shift in how religion is understood in the abortion debate.

“It’s incredible to me to see how this legal argument is bolstering what I like to think is a huge narrative shift,” Zemel said. “For far too long, it’s been weaponized that religion and abortion can’t coexist, but we know that that’s not the case.”

 

The post Jews paused Indiana’s abortion ban — by turning a religious freedom law against the evangelical right appeared first on The Forward.

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Syria Will Stay Out of Iran conflict Unless It Faces Aggression, President Says

Syrian President Ahmed al-Sharaa attends the Ministry of Awqaf conference titled “Unity of Islamic Discourse” at the Conference Palace in Damascus, Syria, Feb. 16, 2026. Photo: REUTERS/Khalil Ashawi

Syrian President Ahmed al-Sharaa said on Tuesday that his country will stay out of the US-Israeli war against Iran unless Syria is subject to aggression and has no diplomatic solutions.

Unless Syria is targeted by any party, Syria will remain outside any conflict,” the Syrian president said at an event hosted by think tank Chatham House in London.

“We do not want Syria to be an arena of war. But unfortunately, today, things are not governed by wise minds. The situation is volatile and random,” the president said.

The month-long conflict has spread across the region, killing thousands, disrupting energy supplies, and threatening to send the global economy into a tailspin.

“We want Syria to have ideal relationships with the entire region, with Lebanon, Iraq, Turkey, Saudi Arabia, and world powers like the UK, France, Germany, and the US. I think that Syria is qualified to start a strategic relationship network,” he said, responding to a question on whether Syria would stay neutral while the conflict goes on.

Syria has been keen to stay on the sidelines of the regional conflict that has pulled in neighboring countries, including Lebanon, where armed group Hezbollah is locked in fighting with Israeli ground troops, and Iraq, where Iran-aligned factions have launched drone and rocket attacks.

Syria sent thousands of troops to its ‌western border with Lebanon and its eastern border with Iraq earlier this month. Syria‘s defense ministry said the deployment was part of efforts to “protect and control the borders amid the escalating regional conflict.”

“We had enough war. We paid a large bill. We are not ready for another war experience,” Syria‘s president said.

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