Uncategorized
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.
Uncategorized
Democrats’ split over Israel in spotlight, as Chris Van Hollen challenges Chuck Schumer for Senate leader
Sen. Chuck Schumer helped Democrats win back the Senate with a historic gain of at least nine seats in the midterm elections, giving his party a 56-seat majority, just four votes short of overcoming most filibusters.
Yet the New York Democrat, who has led Senate Democrats since 2017, now faces a rare leadership challenge from Sen. Chris Van Hollen of Maryland — a contest that will not only determine who leads the chamber but also how Democrats use their regained power.
As majority leader, Schumer would have considerable influence over which bills receive floor time, which amendments get considered and how the party manages disagreements over Israel.
Schumer has largely held firm to his longtime support for Israel, trying to manage his caucus even as the party has grown increasingly divided over U.S. military assistance and weapons sales. Now, the leadership battle could force him to confront those divisions more directly, including whether to allow votes on legislation that would restrict aid to Israel. Schumer, the country’s highest-ranking Jewish elected official, has said defending Israel is a central part of his political identity. Van Hollen, meanwhile, has emerged as one of the Senate’s fiercest critics of the Israeli government.
The challenge to Schumer was sparked by a pair of Jewish Democrats: Sen. Bernie Sanders of Vermont, the progressive icon, and Sen. Elissa Slotkin of Michigan, both of whom called for a change in leadership. It comes at a moment when the Democratic Party is changing. A new generation of senators is entering Congress; progressive activists, emboldened by their victories in recent years, are demanding a more confrontational approach to President Donald Trump and the United States’ long and unwavering commitment to Israel.
On Election Day earlier this month, Trump himself announced his plan to end roughly $4 billion in annual U.S. military aid to Israel.
Does Schumer have the votes?
Senate Democrats will choose their leader in a secret-ballot election on Dec. 1. A candidate would need 29 votes to win if all 56 members participate.
Schumer expressed confidence that he has enough support to remain leader. Van Hollen has acknowledged that he is the underdog, and claims to have the backing of more than 10 senators.
A Punchbowl News tracker on Sunday showed 14 senators publicly supporting Schumer, five backing Van Hollen, three opposed to Schumer without expressing support for his challenger, and 36 who remain uncommitted. The Hill separately reported that at least 22 senators have privately indicated they will support Schumer.
Van Hollen has attracted support from several newly elected senators, including Abdul El-Sayed of Michigan and Peggy Flanagan of Minnesota, along with Sanders and Sen. Jeff Merkley of Massachusetts.
Opposition to Schumer or supporting a leadership contest does not automatically translate into support for his challenger.
Schumer has a significant advantage mathematically, given the relationships he has built over decades in the Senate. He also played an active role in recruiting candidates who won seats in red and purple states, including Sens. Sherrod Brown of Ohio, Roy Cooper of North Carolina, Josh Turek in Iowa and Scott Colom in Mississippi.
Israel becomes part of the leadership fight
Neither candidate has made Israel central to their campaign for Senate majority leader. But their differences on the issue have drawn attention from Jewish organizations and progressive groups, which are taking opposite sides.
Van Hollen has repeatedly called for restrictions on U.S. military aid to Israel, supported measures to block weapons sales and accused Israel of committing genocide in Gaza. In remarks at the New Jewish Narrative’s annual gala in Washington last month, Van Hollen said, “We’re doing nobody any favors by providing a blank check regardless of the conduct of the government of Israel.” The progressive Jewish group is backing Van Hollen’s bid.
Schumer has sharply criticized Israeli Prime Minister Benjamin Netanyahu, most notably in a March 2024 Senate speech calling for new Israeli elections. But he has continued to defend Israel’s security and preserve the U.S.-Israel relationship. In a 2024 interview with the Forward, Schumer said that “having a majority leader who’s committed to Israel is vital for Israel’s relationship with the U.S.” He faced online backlash earlier this year for saying his job as leader is to “fight” for Israel aid.
That distinction has become central to how Democratic-aligned organizations view the leadership contest — part of a larger debate over the direction of the party, particularly its relationship with Israel.
The progressive organization Our Revolution endorsed Van Hollen, calling for an agenda that includes ending U.S. military aid to Israel and reducing the influence of wealthy donors.
Track AIPAC, a group that monitors contributions from the pro-Israel lobbying organization, also pledged to help Van Hollen win. “The voters who delivered this majority want a leader who answers to them, and Chris Van Hollen has shown he will,” Casey Kennedy, the group’s co-founder, said in a statement.
On the other side, the Jewish Democratic Council of America announced Friday that it supports Schumer’s continued leadership, along with Rep. Hakeem Jeffries’ bid to become House speaker. “Advancing these priorities will require experience and steady leadership,” said Halie Soifer, the organization’s CEO.
Winning may be the easy part
Schumer remains the favorite to win. But the vote could mark a difficult political chapter for the 75-year-old senator, who may also face a primary challenge if he seeks reelection in 2028.
If Van Hollen attracts only a small number of votes, Schumer will emerge with a stronger mandate to lead. If his challenger wins substantial support, Schumer could begin his new term with a fractured and more progressive caucus seeking a different approach.
Schumer might face pressure to allow more debate on Israel-related legislation, even if he personally opposes it. But there are also limits to how far those debates would likely go. The new majority also includes moderates, longtime supporters of Israel and senators representing swing and red states that flipped blue in this cycle.
The post Democrats’ split over Israel in spotlight, as Chris Van Hollen challenges Chuck Schumer for Senate leader appeared first on The Forward.
Uncategorized
When a Jewish prisoner died in Ohio in 1918, four fellow inmates left the penitentiary in civilian clothes to ensure he got a proper burial
Jack Nast wanted to be buried in a Jewish cemetery.
He died in April 1918 while incarcerated at the Ohio Penitentiary in Columbus. Little is known about the circumstances that brought him there, but another prisoner, Morris Hess, preserved an account of his final days.
As he lay ill, Nast cried out that he was a Jew, Hess wrote. He expressed pride in Jewish history and its achievements, faith in the teachings of Judaism, and regret that his own life had not lived up to its principles. He wished to receive a burial befitting someone “born in the House of Israel.”
With the aid of others, his request was granted.
Isaac B. Jashenosky and Jacob Myers, two men who regularly visited the Jewish prisoners, were with Nast before he died. Jashenosky, whom the prisoners called “rabbi,” conducted the funeral service at an unidentified Jewish cemetery, likely in Columbus. When Nast’s relatives, whom Hess described as wealthy, refused to contribute toward the expenses, Warden Preston E. Thomas permitted the prison’s Jewish inmates to contribute to a collection for the funeral.
Four prisoners were also allowed to attend the burial in civilian clothing. They listened as Jashenosky delivered his remarks and Nast’s remains were returned to the earth.
“Kaddish was said and will be said every week for him,” Hess wrote.
The account appeared in The American Israelite, a Cincinnati Jewish newspaper, under the heading “Prisoners in Ohio Penitentiary are Grateful.” Hess signed the letter with his name and prison number, 45511.
Jewish life behind prison walls
The men who helped bury Nast were part of a larger effort to sustain Jewish religious life inside Ohio’s prisons. By 1899, prisoners were being excused from work for Jewish holidays and provided with special food. In 1902, about ten Jewish inmates received matzo for Passover. By 1913, religious services were also being arranged at correctional institutions in Mansfield and Lancaster.
In 1915, Charles Albert Rosenbaum wrote to The American Israelite about B’nai B’rith’s efforts to reach Jewish prisoners in Ohio.
For years, Rosenbaum wrote, Jewish prisoners had watched representatives of other faiths visit their institutions, “not with envious but with saddened eyes.” They wondered why their own people had been so neglectful. In prison libraries, they read of “the beauties and the godlike charities of the Jewish peoples,” but turned from those pages, looked at “the cold steel walls of their cells” and doubted.
“How all of this has been changed!” Rosenbaum declared.
Rosenbaum credited Jashenosky, Myers and other Columbus volunteers with organizing visits and religious services. With Warden Thomas’ permission, more than 100 services had been held over the preceding two years, he reported, without guards present.
Hess was among those who recorded these gatherings. In 1917, he described a service attended by Jashenosky and Myers, noting that one visitor, Mrs. I. J. Shatz, had distributed cigars to the prisoners.
Freedom in the penitentiary
In 1920, Hess described Passover services held with the cooperation of Warden Thomas and his wife, Mary Thomas. Women from Columbus’ Ezrath Nosheim Society provided a holiday meal.
Jashenosky preached that although everyone desired liberty, true freedom came through “the awakening of the soul.” He told the prisoners that, “Freedom is not alone a privilege, but a lifelong obligation.”
In December 1921, another prisoner, Harry Joseph, writing on behalf of the Jewish inmates, described the work of B’nai B’rith, the Council of Jewish Women and the Ezrath Nosheim Society.
He recalled the holiday meals that women from Columbus had prepared and served, including a dinner following Yom Kippur services. Their presence, he wrote, reminded the prisoners of “the Jewish fireside with its family love.”
He continued, “The knowledge that someone cares is an incentive to reach the end of this rocky road of adversity and become useful citizens.”
Jashenosky died in April 1930, at the age of 79. Newspapers reported that he had served as a prison chaplain for more than half a century.
Before he died, Jashenosky made one final request. He wanted two Jewish prisoners, Abe Shapiro and Adam Sikorski, to attend his funeral.
Warden Thomas granted permission.
The post When a Jewish prisoner died in Ohio in 1918, four fellow inmates left the penitentiary in civilian clothes to ensure he got a proper burial appeared first on The Forward.
Uncategorized
Houston Astros hire former Team Israel manager Brad Ausmus as skipper
(JTA) — The Houston Astros hired Brad Ausmus as manager, the team announced Wednesday, making the former Team Israel skipper the lone active Jewish manager in Major League Baseball.
This will be Ausmus’ third managerial stint in MLB. He previously led the Detroit Tigers from 2014-2017 and the Los Angeles Angels in 2019. Ausmus, 57, owns a 386-422 career managerial record. He will be introduced at a press conference at Houston’s Daikin Park on Friday.
Ausmus most recently served as the New York Yankees’ bench coach from 2024-2026 and also previously worked in the front offices of the San Diego Padres and Angels. He had interviewed for the Astros’ managerial opening in 2020 and for their general manager role in 2022.
Ausmus spent 10 of his 18 MLB seasons with the Astros. He finished his playing career with a .251 batting average, .325 on-base percentage and .344 slugging percentage. The New Haven, Connecticut, native managed Team Israel during the qualifiers for the 2013 World Baseball Classic, served on its coaching staff in the 2023 WBC and managed the team in the 2026 tournament.
“Regarding Aus, he is just a perfect big league manager in every way and there are not many people you can say that about,” Nate Fish, the CEO of Israel Baseball Americas and a former Israel player and coach, told the Jewish Telegraphic Agency. “He is smart. He is calm. He has the experience. He is a good fit for any team but a perfect fit in Houston considering he played 10 years there.”
Fish also pointed out that “this is the second time [Ausmus] has been hired to manage in the big leagues following a stint managing Team Israel. Just sayin’. There is a pattern!”
Israel won two of its four games in the 2026 tournament, securing a spot in the 2030 competition.
“I am honored and excited to take on this role,” Ausmus said before the March tournament. “I’ve been incredibly proud to be part of Team Israel’s journey. My focus remains exactly where it has always been: building a cohesive, competitive team that proudly represents Israel on the world stage. We have a solid foundation, and I’m ready to hit the ground running with our talented staff and players to achieve our goals for 2026.”
Ausmus, a former catcher, played for the Astros from 1997-1998 and again from 2001-2008. He won three Gold Glove Awards for his defense with Houston and was an All-Star in 1999 with Detroit. His 1,971 career MLB appearances are the most ever by a Jewish player, according to the Jewish Baseball Museum.
“I am very excited to be back in Houston,” Ausmus said in a statement. “The Astros and the city of Houston have been a huge part of my life, and I’m thrilled to create a new chapter as the team’s manager. I can’t wait to get to work.”
This article originally appeared on JTA.org.
The post Houston Astros hire former Team Israel manager Brad Ausmus as skipper appeared first on The Forward.
