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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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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
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The data is in: For many in the Northeast, Christmas isn’t Christmas without Chinese food
It’s not just a myth that Jews head to Chinese restaurants on Christmas. It’s science!
Sort of. A new report from the financial services company Coventry Direct claims to have quantified the trend. The report analyzed search data for “Chinese food near me” during the week of Christmas from 2020 to 2024, and found that the Northeast dominated the results.
The top five states included Delaware, Rhode Island, Connecticut, New Jersey and New Hampshire, while New York, which is home to the largest Jewish population in the country, came in seventh place. Under the assumption that Jews are overrepresented in the Northeast, the study confirms that Coventry Direct is not peer-reviewed.
The study also analyzed Google search trends over the past year to find the top-searched Chinese food dish in each state. While Szechuan chicken was the most popular dish, taking first place in eight states, New York’s most searched item was Buddha’s Delight, a — IYKYK — vegetarian stew.
The Jewish Christmas tradition was famously referenced during Elena Kagan’s United States Supreme Court confirmation hearings in 2010 when she was asked where she was on Christmas day:
“You know, like all Jews, I was probably at a Chinese restaurant,” replied Kagan.
In recent years around Christmas, social media has also been flooded with images of a sign where the seemingly fictional “Chinese Restaurant Association” of America thanks its Jewish diners for their patronage.
“The Chinese Restaurant Association of the United States would like to extend our thanks to the Jewish people,” the sign reads. “We do not completely understand your dietary customs … but we are proud and grateful that your GOD insist you eat our food on Christmas.”
Two men enjoy Chinese cuisine prepared by Chinese chefs within the guidelines of kosher food preparation at a restaurant. (Getty Images)
But the now-ubiquitous tradition of Jews eating Chinese food on Christmas traces back to the early 20th century, when Jewish immigrants began carving out distinctly American rituals of their own. If for no other reasons, Chinese restaurants were more likely to be open on Christmas.
A classic 1993 study on the tradition, “New York Jews and Chinese Food: The Social Construction of an Ethnic Pattern,” by Gaye Tuchman and Harry Levine, traced the Jewish affinity for Chinese food to a few factors: Chinese restaurants at the time “welcomed everyone,” offered flavors familiar to an Eastern European Jewish palate and were considered a “sophisticated” dining experience for new-ish, Jewish Americans stepping outside their comfort zones.
While Chinese restaurants do not typically offer kosher fare, Tuchman and Levine also argued that Chinese restaurants were viewed as “safe treyf” because Chinese cuisine rarely mixes milk and meat and ingredients like pork and shrimp are chopped into hard-to-identify pieces.
To celebrate the longstanding tradition, a comedy club in New York’s East Village is set to host “Kosher Chinese: The Comedy Show,” with patrons enjoying kosher dumplings and an “unapologetically alternative holiday spirit we all secretly love.” In San Francisco, the 33rd Annual Kung Pao Kosher Comedy show kicks off tonight, and runs through Friday, Dec. 26.
From Massachusetts to Ohio, Jewish delis have also planned their own Chinese-inspired menus to mark the tradition.
This article originally appeared on JTA.org.
The post The data is in: For many in the Northeast, Christmas isn’t Christmas without Chinese food appeared first on The Forward.
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StopAntisemitism names Tucker Carlson ‘Antisemite of the Year’ as 2024 winner Candace Owens ramps up anti-Jewish rhetoric
(JTA) — The activist group StopAntisemitism has awarded the conservative personality Tucker Carlson its ignominious honor of “Antisemite of the Year,” citing his frequent invocation of classic antisemitic stereotypes.
The announcement comes as Carlson sits at the center of controversy on the American right about whether extremists should be welcomed in the Republican Party. It also marks the second year in a row that StopAntisemitism has selected a right-wing figure for its accolade, after years of awarding the mantle to mostly left-wing figures.
“Carlson mainstreams antisemitism by platforming and praising Holocaust revisionists and Nazi apologists, while hiding behind irony and plausible deniability,” the group said in a statement. “By legitimizing extremist voices and weaponizing conspiratorial imagery at massive scale, he has helped drag antisemitic ideas back into the mainstream.”
A watchdog presence with more than 300,000 followers on X, StopAntisemitism regularly mobilizes against activists and social media posts. The group has faced criticism for what some perceive as an inordinate focus on Muslim personalities, pro-Palestinian actions and non-prominent individuals. Its defenders deny that, pointing out that StopAntisemitism also regularly spotlights neo-Nazis and Holocaust deniers on the right.
Its finalists for Antisemite of the Year included pro-Palestinian celebrities Ms. Rachel, Cynthia Nixon and Marcia Cross; mixed-martial-arts athlete and Holocaust denier Bryce Mitchell; two personalities associated with left-wing network The Young Turks; and social media personalities on both the far left (Guy Christensen) and far right (Stew Peters).
Carlson received the accolade on Sunday night, at the end of a weekend in which he was a keynote speaker at the convention of Turning Point USA, the young-conservatives group founded by Charlie Kirk, who was assassinated this fall. In its announcement, StopAntisemitism noted Carlson’s speech at Kirk’s memorial service, in which he described the murder of Jesus in a way that both his critics and fans interpreted as implying that Jews or Israelis had been behind Kirk’s assassination.
At the convention, the Jewish pundit Ben Shapiro continued his campaign against Carlson and Carlson declared himself to free of the anti-Jewish animus that he has long been criticized as propagating.
“Let me just affirm one final time. Not only am I not an antisemite — and I would say so if I was — I’m not an antisemite for a very specific reason,” Carlson said in his speech. “Not because it’s unpopular or my donors don’t like it. I don’t have any donors. I’m not an antisemite because anti-semitism is immoral in my religion. It is immoral to hate people for how they were born.”
It was the same explanation that Vice President JD Vance offered earlier this month when he said in an NBC News interview that he believed antisemitism is wrong.
In his own speech to Turning Point USA’s AmericaFest, Vance again refrained from criticizing extremists in the Republican Party, saying that he opposes “purity tests” for inclusion in the conservative movement. He also said he believed that antisemitism in the United States was being fueled by “a real backlash” against U.S. aid to Israel..
As the convention was underway, last year’s “Antisemite of the Year,” the right-wing streamer Candace Owens, embarked on a four-hour broadcast eviscerating Shapiro; amplifying antisemitic theories, including that Jews controlled the slave trade; and promoting a classic work of antisemitism by August Rohling, a German Catholic who believed in the blood libel and argued that the Talmud is a secret guide used by Jews for nefarious purposes. Rohling died in 1931.
The post StopAntisemitism names Tucker Carlson ‘Antisemite of the Year’ as 2024 winner Candace Owens ramps up anti-Jewish rhetoric appeared first on The Forward.
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Senior Hamas Official Vows Terror Group Will Never Disarm, Rejects Foreign Pressure
Hamas official Osama Hamdan speaks during a press conference, amid the ongoing conflict between Israel and Hamas, in Beirut, Lebanon, June 4, 2024. Photo: REUTERS/Mohamed Azakir
Hamas has once again rejected calls to disarm, warning against “foreign interference in Palestinian affairs” as the terrorist group’s senior officials met with Turkish leaders to discuss the next phase of the US-backed peace plan for Gaza.
In an interview with the Yemeni news outlet Al-Masirah on Tuesday, Hamas Political Bureau member Osama Hamdan reiterated that the Islamist group will never hand over its weapons to foreign powers.
“The resistance rejects any foreign attempt to disarm us or seize the weapons the occupation failed to take,” the terrorist leader said. “The idea of surrendering our arms is one the resistance will never accept.”
“In the second phase of the Gaza agreement, the guarantees must be clearer, and the commitments more detailed,” Hamdan continued. “The Zionist enemy does not abide by the agreement. Israel’s failure to open the [humanitarian] crossings signals its intention to resume aggression against the Gaza Strip.”
On Wednesday, senior Hamas officials met with Turkish Foreign Minister Hakan Fidan in Ankara to discuss the ongoing ceasefire and coordinate the next steps in advancing the second phase of US President Donald Trump’s peace plan to end the two-year conflict.
“The Americans want to impose hegemony on the region, with the Zionist entity [Israel] as its foundation,” Hamdan said during the interview. “Disarming the resistance would give Israel absolute control over the entire region.”
“The resistance is capable of continuing the fight, and I am confident the outcome of this conflict will be the demise of this entity,” he continued.
According to media reports, Hamas officials told Turkish counterparts they had fulfilled their ceasefire commitments, but accused Israel of violating the deal while blocking progress to the next phase of the agreement.
Since the start of the ceasefire in October, both sides have repeatedly accused each other of violations. Israel has carried out several operations targeting terrorist operatives as the Palestinian group ramps up efforts to reassert control over the war-torn enclave.
According to the US-backed peace plan, the second phase is expected to establish an interim administrative authority — a so-called “technocratic government” — deploy an International Stabilization Force (ISF) to take over security in Gaza, and begin the demilitarization of Hamas.
However, efforts to advance the ceasefire deal have stalled, with no agreement on crucial next steps, including the start of reconstruction in the enclave and the deployment of the ISF.
Turkey, a longtime backer of Hamas, has been trying to expand its role in Gaza’s post-war reconstruction efforts, which experts warn could potentially strengthen Hamas’s terrorist infrastructure.
While Turkey insists on participating in the ISF, Israeli officials have repeatedly rejected any Turkish involvement in post-war Gaza.
Turkey has even sought to shield Hamas from disarmament by pushing for the terrorist group to hand over its weapons to the Palestinian Authority or place them in secure international storage, rather than requiring it to disarm.
Israeli officials have rejected these options as unacceptable, arguing they would allow the terrorist group to maintain its influence in Gaza, which Hamas has ruled for nearly two decades.
Under phase one of Trump’s peace plan, Hamas was required to release all remaining hostages, both living and deceased, who were kidnapped by Hamas-led Palestinian terrorists during the group’s invasion of and massacre across southern Israel on Oct. 7, 2023.
In exchange, Israel freed thousands of Palestinian prisoners, including many serving life sentences for terrorism, and partially withdrew its military forces in Gaza to a newly drawn “Yellow Line,” roughly dividing the enclave between east and west.
According to the ceasefire plan, the Israeli army is required to withdraw further as the disarmament process unfolds. However, Israel has made clear that it will not pull back until Hamas disarms and other conditions are met.
Currently, the Israeli military controls 53 percent of Gaza’s territory, and Hamas has moved to reestablish control over the other 47 percent. However, the vast majority of the Gazan population is located in the Hamas-controlled half, where the Islamist group has been imposing a brutal crackdown.
Since the ceasefire took effect two months ago, Hamas has targeted Palestinians who it labeled as “lawbreakers and collaborators with Israel,” sparking widespread clashes and violence as the group moves to seize weapons and eliminate any opposition.