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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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Whatever you think of Ilhan Omar, these threats are unconscionable
The Trump administration is reportedly planning to build a case to strip Congresswoman Ilhan Omar (D-MN) of her citizenship and eventually deport her.
It is my hope that American Jews — even those who do not like Omar and can recite every questionable comment she has made over the past 15 years to illustrate why — will understand this as offensive and outrageous not only because they are Americans, but because they are Jews.
The Trump administration may claim that it is building a case against Omar due to paperwork (reports suggest that they are interested in whether her father listed her age as 17 on her citizenship application when she was really 18). It is similarly filing dozens of lawsuits attempting to denaturalize citizens by trying to prove they lied in the process of gaining citizenship. However, that this is happening now, ahead of the midterm elections against a sitting member of Congress, a high-profile progressive whom the president has said should “go back” to her country of origin, suggests that it is, to put it mildly, politically motivated.

Evidently, the Trump administration sees citizenship not as a right or a responsibility but as a reward, one that can be taken away if that is seen as useful to the president and his adherents. That use could be silencing political opposition or something as simple (and callous) as an opportunity to brag about the sheer number of attempted denaturalizations.
Jews, too, have found themselves on the wrong end of political denaturalization. I do not mean to compare the Trump administration to the Nazis, but the stubborn fact is that Jews were indeed stripped of their citizenship as part of a political project in Germany and elsewhere in Europe in the 1930s and 40s. And in the early 20th century in the United States, it was Jews who politicians claimed were incapable of assimilating, of ever really being a part of the United States. These arguments culminated in legislation that kept out Jews who could have found refuge here. The threat of denaturalization and the experience of perpetual otherness is a grievous part of modern Jewish history; we should be offended by its presence in our political present.
Jewish tradition as well as history encourages us to stand up to authority when that authority is wrong. Mordecai refuses to bow to Haman; Nathan yells at King David for sleeping with Bathsheba and having her husband killed; Moses famously urges Pharoah to change his oppressive ways. Even God is on the receiving end of pushback when Abraham pleads and negotiates to spare Sodom.
I do not think one needs to be Jewish to be outraged by the attempt to denaturalize Ilhan Omar. I think it is also bone-chilling as an American who believes we, including our elected officials, have the right to openly oppose our president, and I am worried as a person who thinks it would be good to continue to live in a democratic republic. And I am sure that there are Jews who will say that Omar deserves to lose her citizenship because she has said things about Israel they do not like.
But the Jewish lens through which I see this is that it is right to challenge power when it is abused, and it is wrong for the powerful to make a show of trying to cast their opponents out of the country.
The point is not whether Trump can make good on the threat to strip Omar of her citizenship and deport her, but that it is obscene to use denaturalization as punishment for being a high-profile political opponent in the first place. If he is trying to make it more dangerous to speak out while being from the “wrong” country, then the rest of us need to say that this is a fundamental misunderstanding of what it means to be an American citizen.
We should do this because we are Americans and we should do this because we are Jews. We should do this because of the ways in which our American and Jewish identities bleed into one another. And, we should do this because we may not know exactly whether it is as Americans or as Jews that we know we have to protect the right to speak truth to power, but we know we need to do it all the same.
The post Whatever you think of Ilhan Omar, these threats are unconscionable appeared first on The Forward.
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Germany couldn’t stop Hitler’s election tactics; can America stop Trump’s?
Herding political opponents into prisons and concentration camps, suspending civil liberties, and sending SA thugs to destroy newsrooms and beat up journalists were among the means used by Adolf Hitler to game Germany’s parliamentary election of March 5, 1933, won by the Nazis.
As much as Donald Trump might fantasize about deploying such brutal tactics to subvert our midterm elections, he hasn’t done so — yet. But his objective is the same: Detonate constitutional barriers standing in the way of his lust for power. “Cheat like hell,” Trump told the GOP’s midterm convention last month.
Historian Timothy Ryback has just published a book about the last gasps of the Weimar Republic, titled 53 Days: How Hitler Dismantled A Democracy. The 53 days begin when Hitler becomes chancellor on Jan. 30, 1933, and end with the Reichstag’s March 23 passage of the Enabling Act, which gave him absolute power.
For our own perilous time, there is another number to take note of: 652 — the number of days between Trump’s second inauguration and our Nov. 3 midterm elections.
Hitler’s long march to despotic power occurred over 3,422 days — from his failed Beer Hall Putsch on Nov. 8-9, 1923, up until passage of the Enabling Act.

After spending less than a year of a five-year sentence for the failed 1923 coup, Hitler returned to a Nazi party that was in utter disarray. But the Great Depression turned the Nazis’ fortunes around, as jobless and disaffected Germans flocked to Hitler with his promises to make Germany great again. In parliamentary elections in 1930, the number of Reichstag seats held by the Nazis rose dramatically from 12 to 107, and more than doubled that in elections in 1932, making them the largest party. After some backroom political wheeling and dealing, President Paul von Hindenburg offered the chancellorship to Hitler, which he accepted on Jan. 30, 1933.
Even though Hitler was chancellor, his coalition wasn’t dominated by Nazis. When the Reichstag went up in flames on Feb. 27, 1933, der Führer had the pretext he needed to begin dismantling the last remnants of democracy. The Nazis’ first targets were Communists. More than 4,000 were arrested in the initial hours after the fire. It didn’t take long for Social Democrats, trade unionists and Jews to also face raids, arrests, beatings and terror, as Hindenburg — at Hitler’s urging — issued a decree that suspended Germans’ civil liberties.
There was still a barrier standing in Hitler’s way: the Reichstag. But Hitler had a scheme for getting rid of it: calling for a new election and ultimately engineering a vote by the Reichstag to abolish itself.
In the days and nights before the national election, set for March 5, Nazis carried out a campaign of repression and menace across the country. Brandishing firearms, storm troopers ruled the streets. Homes of Hitler critics were raided. His campaign speeches were blasted from loudspeakers. Voters were offered rides to the polls in transports organized by the Nazis, an unsubtle hint at which party they should vote for.
In the election, the Nazis and their Nationalist allies won a majority of seats in the Reichstag but fell short of the two-thirds needed to amend the constitution. But Hitler had a workaround: Convene the Reichstag to vote on a measure that would allow him to declare laws without the approval of the federal legislative body. With Communist delegates of the Reichstag either in hiding or in custody, Hitler already had a structural advantage; they wouldn’t be there to vote. With the Reichstag building destroyed, the delegates convened on March 23 inside the Kroll Opera House, which swarmed with armed storm troopers and members of the SS who harassed and threatened delegates who were either on the fence about giving Hitler absolute power or were known to oppose it.
In the end, weeks and months of trying to tilt elections through terror and intimidation gave Hitler his ultimate prize: of 538 delegates in the Kroll Opera House, only 94 — all Social Democrats — voted against the Enabling Act. In effect, German democracy was steered by Hitler into committing suicide.
In an essay for Literary Hub, Timothy Ryback noted parallels between Hitler’s election victory on March 5, 1933 and our midterm elections and cataloged them.
They include Trump’s “brazen attempt to quash negative press coverage” and Hitler’s and Trump’s virtually identical pre-election low approval ratings. Both the Nazi leader and the American president had gone to court to try to have earlier election results overturned, and the German election, like our fast-approaching midterms, was seen as a referendum on the nation’s leader.
“Amidst all the turmoil, everyone understood that the March 5 election was a make-or-break moment not only for the Hitler chancellorship but for democracy itself,” Ryback wrote.
With the midterms just around the corner, this can be said about America as well.
Since Trump’s second inauguration on Jan. 20, 2025, he has thrown more effort into trying to rig the midterms for the Republicans than into virtually any other endeavor — other than perhaps misusing his powers to enrich himself and his family, and dreaming up monuments to himself.
Trump’s pardon of 1,500 insurrectionists who stormed the capitol on Jan. 6 was an early signal that the defeated president had no intention of playing fair during the 2026 midterms. What followed was a barrage of assaults on the election system. Here’s just a partial list: lawsuits demanding sensitive voter data, the gutting of oversight bodies, intimidation of election officials and orders for key GOP-led states to redraw their congressional districts — all designed to both undermine Americans’ trust in the election system and manufacture pretexts for contesting any midterm outcomes that displease him.
Amid these relentless attempts to subvert the midterms, the Democrats have had success at blocking some of Trump’s poisoned salvos, such as holding the line against the so-called SAVE America Act and fending off Trump’s attempts to seize voter information. But none of this deters Trump, who just comes back with more schemes. The latest revelations come from documents obtained by Democracy Forward, a legal advocacy organization.
Those documents show that “U.S. Immigration and Customs Enforcement (ICE) collected tens of millions of voter records, explored undercover investigations against voter registration groups and considered feeding state election data into a system used to locate people for deportation as part of a sweeping federal effort to find alleged voter fraud ahead of the 2026 midterms,” according to Democracy Docket, which reviewed the documents.
“This is an absolute smoking gun,” said Democracy Docket founder Marc Elias.
Trump has openly suggested a federal takeover of election administration, and during the past several months it seems like he’s been laying the groundwork for that to happen if he doesn’t get the results he wants on Nov. 3. It’s all too easy to imagine horror scenarios: Trump claims massive voter fraud, his supporters storm county election offices in protest, the FBI seizes ballots and voting machines, unrest erupts across the country, Trump declares martial law.
If Trump’s schemes trigger the kind of disorder he appears to be preparing for, the question will be whether our courts, our press, our civil servants and our voters stand firm. Germany’s institutions bent until they broke. Ours have bent, but they have not yet snapped. What happens next will reveal whether they still possess the steel that Germany’s lacked.
The post Germany couldn’t stop Hitler’s election tactics; can America stop Trump’s? appeared first on The Forward.
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Sally Rooney’s publisher stops selling her books in Britain, citing ban on pro-Palestinian group she backs
(JTA) — Sally Rooney’s publisher says it will stop supplying her books in the United Kingdom because current legislation prevents it from passing her earnings on to her.
The best-selling Irish writer, whose work includes the novel “Normal People,” which was adapted into a hit BBC drama, has long been a vocal supporter of the Palestinian cause.
Faber said it would no longer supply her books in the United Kingdom because of her backing for Palestine Action, a group that the British government last year proscribed as a terrorist organization, saying it had “orchestrated a nationwide campaign of direct criminal action against businesses and institutions.”
“Current legislation in the UK has led to circumstances where Faber cannot pass on UK earnings to Sally Rooney for her work,” the publisher said.
“To sell a writer’s work and not be able to pass on earnings is an unconscionable situation for a publisher,” it said. “As such, and in full agreement with Sally, we have taken the decision that we can no longer supply her works in the UK in any format. We remain the proud publisher of her remarkable body of work, which we will continue to sell in other territories.”
Faber had no further comment, the statement said.
Yvette Cooper, then the Home Secretary, banned Palestine Action last year following an attack by the group on the Royal Air Force base at Brize Norton which caused millions of pounds of damage. It had previously targeted businesses and premises which it said were linked to Israeli defence companies.
Soon after the announcement, Rooney wrote an opinion piece in the Irish Times in which she doubled down on her support for Palestine Action, adding that she would give the proceeds of her books to back the group. “If this makes me a ‘supporter of terror’ under British law, so be it,” she wrote.
In a statement following the action announced by Faber, Rooney cited her Irish Times opinion piece as she explained that the publication of her books “could now constitute a serious criminal offence.”
The ban of Palestine Action has proven to be highly contentious in Britain. Back in February, the group’s co-founder Huda Ammori challenged the move in the High Court, with Rooney providing a supportive witness statement. She said at the time that she was “almost certain” her work would be dropped in Britain if the ban persisted.
The court ruled in Ammori’s favor, but that decision was overturned by the Court of Appeal in June. The Supreme Court is due to hear an appeal next month.
Rooney said on Wednesday: “After a process of consultation and deliberation, and with my full agreement, my publisher Faber has therefore determined that it can no longer supply my work within the UK.
“I have made every effort to be honest with the public about my beliefs and intentions, and I am wholly prepared to accept the consequences.”
Rooney’s support for the Palestinian cause predates the attack by Hamas on Oct. 7, 2023, and the subsequent war in Gaza. In 2021 she declined to sell Hebrew translation rights for her novel “Beautiful World, Where Are You?” to the Israeli publisher that had previously released her books in Hebrew.
At the time, she said she supported the BDS movement and would not work with an Israeli publisher unless it is willing to “publicly distance itself from apartheid and support the U.N.-stipulated rights of the Palestinian people.”
That move prompted backlash in Israel and beyond, including calls to boycott Rooney’s work. Israeli bookstore chains reportedly removed some of her books from shelves.
However, earlier this year she agreed to have her latest novel, “Intermezzo,” published by an Israeli publisher approved by boycott activists.
This article originally appeared on JTA.org.
The post Sally Rooney’s publisher stops selling her books in Britain, citing ban on pro-Palestinian group she backs appeared first on The Forward.

