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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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Yiddishkayt LA and New Lehrhaus merge — but is this good for Yiddish?
For most Jewish institutions, “partnership” might mean a shared event or a guest lecture. But for Yiddishkayt LA and the Bay Area’s New Lehrhaus — two organizations separated by 370 miles and decades of distinct histories — this merger represents something far bolder. They are fusing identities, communities and visions of what West Coast Jewish culture can become.
Rob Adler Peckerar, formerly a key figure at Yiddishkayt LA, has now been appointed director of New Lehrhaus. In an interview he said that the merger strengthens both institutions rather than diluting either one.
Aaron Paley, the founder of Yiddishkayt LA, agrees. “We’re not amplifying one approach at the expense of the other; we’re amplifying both,” he said, adding that he first encountered the Lehrhaus tradition as a UC Berkeley student in the 1970s. The merger, he added, “immediately felt like a homecoming.”
Officially launched November 1, the merger wasn’t born of crisis. It grew from two organizations with parallel instincts: Yiddishkayt LA’s eclectic cultural programming and New Lehrhaus’s commitment to text, dialogue, and community learning.
A celebration — but not without concerns
But some Yiddish fans are concerned about the merger. “We’re 114 neighborhoods in a trench coat pretending to be a cohesive city,” said Aaron Castillo-White, director of the Yiddish culture organization Kultur Mercado and a former member of the Forward’s development staff.
“Yiddishkayt LA was one of the few forces stitching its Yiddish community together.” Now that it will no longer be a separate institution, he’s worried that the “already fragile cohesion” might suffer even more.
The question is: If Yiddishkayt LA becomes absorbed into New Lehrhaus’s broader educational framework, what will happen to LA’s uniquely local Yiddish culture — the concerts, neighborhood pop-ups, cross-art collaborations, and street-level programming? They may not easily transplant into a text-centered institution.
But Adler Peckerar isn’t worried, noting that, in recent years, newer groups like Der Nister and Kultur Mercado have already begun organizing on-the-ground Yiddish programming. Yiddishkayt LA, on the other hand, had moved away from local, place-based events toward livestreamed programs, online archives, virtual learning and broader national audiences who would never attend in-person Los Angeles events.
To understand the stakes, it’s important to understand who these two merging organizations are.
Two genealogies, one experiment
Yiddishkayt LA, founded by Paley in the 1990s, helped define a distinct West Coast model of Yiddish culture: contemporary, experimental and rooted in doikayt — “being present” in one’s milieu. Its Helix Fellowship shaped young artists who saw Jewish culture not as nostalgia, but as creative raw material.
New Lehrhaus, launched in 2021 by Rachel and David Biale, has different roots: In the early 20th century, the Jewish philosopher Franz Rosenzweig founded an informal educational institution in Frankfurt, Germany, called Lehrhaus, that brought assimilated German Jews into engaging Judaic study without demanding any background knowledge or religious observance.
In the new incarnation, based in the Bay Area, the New Lehrhaus became a home for Jews seeking text and dialogue across denominations and backgrounds.
Last year, after Rachel Biale stepped down as director of the New Lehrhaus, the incoming director, Adler Peckerar, saw the joining of forces as a natural evolution. “Merging two strong organizations isn’t about defeat or one absorbing the other,” he said. “It’s strategic thinking about how to build something that can weather today’s volatile nonprofit landscape.”
But that innovation also sharpens Castillo-White’s concern: What disappears when two distinct ecosystems become one?
Diverging visions of the merger’s impact
Castillo-White described Yiddishkayt as “one of the only cultural bridges” in Los Angeles. He worries that a merger, even one made in good faith, could dilute that hyper-local energy.
Adler Peckerar disagrees. Unlike Castillo-White, he argued the merger will expand — not shrink — opportunities for Yiddish. “We’re broadening the ecosystem,” he said.
Biale framed the merger around a larger question facing Jewish institutions: How do they stay relevant without losing depth? She believes that the merger could bring Yiddishkayt LA fans into a much larger orbit of learning, featuring sessions with scholars like the University of Toronto professor Naomi Seidman who writes about the relationship between Judaism, literature, gender studies, translation studies and sexuality.
The new organization plans to dive into an eclectic range of fields in contemporary culture — physics, poetry, Leonard Cohen — as a doorway into Jewish texts. Adler Peckerar believes this approach could make Jewish learning feel relevant for Jews who may otherwise have little or no connection to Jewish learning.
They’re also planning intimate reading circles on radical Jewish thinkers such as Isaac Deutscher, Rosa Luxemburg and Gustav Landauer; classes on endangered Jewish languages and Hasidic history and experimental Yiddish theater and new one-act plays.
What remains to be seen is how the new Lehrhaus-Yiddishkayt will balance its broadened reach with the local energies that shaped each institution. Many in the community will be watching to see which parts of the old ecosystems endure, and what new forms of Yiddish culture might emerge.
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At long last, a TV show captures the experience of multi-racial Jewish families like mine
The new CBS television series Boston Blue has achieved what I long thought impossible — something close to an accurate portrayal of a multi-racial Jewish-American family.
The show, which quietly debuted last month as a spinoff of the hit series Blue Bloods, centers around the Silver family — a clan of police officers and elected officials helping to maintain safety and order across Beantown. They include siblings Lena, who is Black, Sarah, who is white, and Jonah, who is bi-racial.
“We’re just one big happy kinda confusing family,” Lena declares in the pilot episode, as she explains that her mother married Sarah’s father — with Jonah arriving shortly thereafter. And by establishing the Silver family tree so early on, Boston Blue softens the audience up for its real wild-card: The Silvers are all loudly, proudly and unapologetically Jewish.
Their family reminds me of my own. And I think the show got just about everything about our experience right.
In the pilot episode, Detective Danny Reagan (Blue Bloods veteran Donny Wahlberg) arrives in Boston to care for his injured son — who happens to be Jonah Silver’s partner — and is invited by family matriarch, District Attorney Mae Silver, to the type of “family dinner” made famous by Reagan’s own family on Blue Bloods.
Which is how Reagan unexpectedly finds himself at a Shabbat dinner.
When Mae married Sarah’s father — District Judge Ben Silver — she and Lena converted to Judaism, Reagan learns. Jonah was raised in the faith. But Judge Silver was killed a year earlier, leaving Mae’s father, Rev. Edwin Peters, as the de-factor paterfamilias — a Black pastor at one of Boston’s oldest Black churches, kippah-clad and leading a family of Jews as they light Shabbat candles and recite traditional prayers.
It might all seem a bit far-fetched. Unless you know my own family.
We have white Jews, Black pastors, Asian uncles, Latino ex-husbands and mixed-race Jewish twins — that would be my sister and I. Separated on both coasts, it’s been awhile since we all came together for Shabbat like the Silvers. But if we did, our gathering would look a lot like theirs — minus the mansion on Beacon Hill.
This is what makes Boston Blue so refreshing and unexpected. The Silvers’ Jewishness never feels confrontational or contrived.
There are close to 1 million “Jews-of-color” in the United States today, but Boston Blue accurately understands that the family would still be an enigma to most American viewers. But rather than dwell on this potential narrative hiccup, the show’s writers cannily deployed it as a narrative device instead. These are folks who understand they must often explain their unique family dynamics, but ultimately have nothing to prove. They are both confident and casual in their faith.
As a Jew whom many other Jews often fail to recognize as one of their own, I’ve too often felt I’m not allowed to just be Jewish. So it thrills me to see the Silvers so matter-of-fact and well-adjusted in their Judaism — even if it’s only onscreen.
Two years after the Hamas attack of Oct. 7, 2023, and Israel’s subsequent war with Hamas in Gaza, I went into Boston Blue worried about how Israel, antisemitism, Zionism and anti-Zionism might unfold within the show. Owing to the burdens of identity politics and intersectionality, Jews of color are often tasked with bridge-building amid these fractious and conflicted arenas.
Would they be forced to do the same on TV?
Former Law and Order star Ari’el Stachel — whose Israeli father is of Yemenite heritage — speaks of this duty in his new one-man show Other, now playing in New York. Stachel’s parents are both Jewish. But owing to his darker skin, he possesses a fluency in the optics of ethnicity that often sees him forced to field questions about cross-cultural discourse — even when, like me, he so often wishes the askers would just leave him alone.
I think Stachel would be satisfied by Boston Blue, whose showrunners aptly decided to keep war and hate away from the Shabbat table. Rather than try to shoe-horn the current political climate into the narrative, they avoided it all together. I, for one, was relieved: it’s a gift to see a family like mine onscreen, just being together, without being forced to try and solve all our myriad cultural problems at the same time.
I’ve always been leery of the entire concept of “Jews of color”; I worry it can impede us from understanding that all Jews are equally Jewish. So I was nervous heading into Boston Blue. For so long, so many in Hollywood have gotten our stories wrong at best, and been downright offensive at worst. They’ve tokenized and politicized and fetishized our experiences, while failing to actually humanize families like the Silvers and my own. But Boston Blue got it right — and it’s a step, long overdue, in the right direction.
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Mamdani: Israel immigration event at NY synagogue misused ‘sacred space’
(JTA) — Mayor-elect Zohran Mamdani’s team has responded to a protest targeting an event promoting migration to Israel at an Upper East Side synagogue on Wednesday night, suggesting that the event was an inappropriate use of a “sacred space.”
The protest was organized by a group called Palestinian Assembly for Liberation has drawn allegations of antisemitism from Jewish leaders in the city. During it, participants shouted phrases including “globalize the intifada” and “death to the IDF” as well as insults toward pro-Israel counter-protesters like “f—king Jewish pricks,” according to reports from the scene. Police separated the protesters and counter-protesters but did not halt the demonstration.
“The Mayor-elect has discouraged the language used at last night’s protest and will continue to do so,” Mamdani’s press secretary, Dora Pekec, said in a statement Thursday afternoon.
She went on, “He believes every New Yorker should be free to enter a house of worship without intimidation, and that these sacred spaces should not be used to promote activities in violation of international law.”
Pekec did not offer further comments about whether or why Mamdani believed the event at Park East Synagogue, a prominent Orthodox congregation, violated international law.
The event was organized by Nefesh B’Nefesh, the nonprofit that facilitates immigration to Israel for North American Jews. The organization bills its open house events as a chance to “get your questions answered, learn about the process, and discover what life in Israel could look like for you and your family.”
The group is considered a semi-governmental agency in Israel, receiving funding from the Israeli government and works closely with its ministries. It does not assign immigrants to particular communities, but has showcased West Bank settlements — which most of the world, though not Israel or the United States, considers illegal under international law — in events and on its website as possible destinations for new immigrants. (Previous protests in New York and beyond have targeted events at synagogues advertising real estate for sale in the West Bank.)
The organizing group suggested that all of the Jews who have moved to Israel with Nefesh B’Nefesh’s support are “settlers,” a term that some pro-Palestinian activists apply to all Israelis, not just those living in the West Bank.
“Nefesh b Nefesh is an affiliate of the Israeli government and the Jewish Agency for Israel, mainly responsible for the recruitment of settlers to Palestine from North America. Since 2003, they have recruited over 80,000 settlers of which over 13,000 served in the IOF,” Palestinian Assembly for Liberation said in an Instagram post advertising its demonstration, using an acronym by which anti-Israel activists refer to the Israeli army as the “Israel Occupation Forces.” It also called El Al “Genocide Settler Airlines.”
The demonstration is providing an early window into how Mamdani’s long- and deeply held pro-Palestinian views might influence his leadership of the city.
As a state Assemblyman, he sponsored legislation aimed at blocking nonprofits from funding Israeli settlements in the West Bank that some, including critics of the settlement movement, decried as casting an overly broad net.
During the campaign, he initially declined to condemn the protest phrase “globalize the intifada,” drawing allegations of antisemitism. He later shifted to say that he would “discourage” the phrase’s use in New York City, saying that he had learned from a rabbi that many Jews interpret it as a call to violence against them.
Now, Mamdani’s response to the Park East demonstration offers a stark contrast to two robust condemnations of antisemitism he has offered up since being elected, after a swastika was painted on a Brooklyn yeshiva and after the words “F–k Jews” were painted on a Brooklyn sidewalk. Both times, he quickly offered a full-throated denunciation on social media.
This time, even as prominent Jewish voices in the city alleged antisemitism on the part of the pro-Palestinian demonstrators, Mamdani did not make a public comment himself. His office’s statement did not address allegations of antisemitism.
Mayor Eric Adams, who is in Uzbekistan after a visit to Israel this week, said in a statement that he planned to visit Park East upon his return to the city. Calling the rhetoric shouted there “desecration,” he suggested that the protest augured a grim future for the city under Mamdani.
“Today it’s a synagogue. Tomorrow it’s a church or a mosque. They come for me today and you tomorrow,” Adams tweeted. “We cannot hand this city over to radicals.”
The event came the same day that Mamdani announced that Adams’ police commissioner, Jessica Tisch, would stay on once he becomes mayor. Tisch, who is Jewish, has previously criticized the conduct of pro-Palestinian protesters in the city.
Rabbi Marc Schneier, who has been staunchly critical of Mamdani and whose father is the longtime senior rabbi at Park East Synagogue, said he was distressed by how the police allowed the confrontation to unfold.
“What I find most disturbing is that the police, who knew about this protest a day in advance, did not arrange for the protesters to be moved to either Third or Lexington Avenues,” he said. “Instead, they allowed the protesters to be right in front of the synagogue, which put members of the community at risk.”
One of the demonstrators repeatedly shouted about the Nefesh B’Nefesh event attendees, “We need to make them scared,” according to video from the scene.
“This kind of intimidation of Jewish New Yorkers is reprehensible and unacceptable,” tweeted Mark Levine, the Jewish comptroller-elect. “No house of worship, of any faith, should be subjected to this.”
Mark Treyger, CEO of the Jewish Community Relations Council of New York, decried the demonstration as “reprehensible.”
“It is not a violation of any law, international or otherwise, for Jews to gather in a synagogue or immigrate to Israel,” he said.
“Using violent rhetoric and hurling antisemitic insults in front of a crowded synagogue was a direct threat to our community’s safety,” he added. “JCRC-NY reached out to city officials and we have confidence that the NYPD will thoroughly investigate this serious matter. No one should ever have to fear entering or leaving their house of worship and that includes our Jewish neighbors. We stand with the Park East community and with all New Yorkers who reject hate.”
In a statement from a spokesperson, UJA-Federation New York said they were “outraged by the demonstration outside Park East Synagogue.”
“We’ve been in contact with our partners at the NYPD, and they are taking this matter very seriously,” the statement reads. “Calls to ‘globalize the intifada’ and ‘death to the IDF’ are not political statements—they are incitements to violence against Jewish people. Every leader must denounce this heinous language, and the choice to target a house of worship makes it especially vile.”
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