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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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Lula’s reelection puts the brakes on Latin America’s pro-Israel shift
(JTA) — BUENOS AIRES – Brazilians reelected Luiz Inácio ‘Lula’ da Silva as president, defeating the center-right senator Flavio Bolsonaro, putting the breaks on a regional shift toward closer ties with Israel.
The current president, a left-wing leader of Partido dos Trabalhadores (Workers Party), obtained 51.79% of the valid votes, while Bolsonaro received 48.21%.
Bolsonaro, of the Liberal Party, had pledged a close diplomatic partnership with Israel and cultivated ties with Prime Minister Benjamin Netanyahu, while Lula has become a critic of Israel’s military campaign in Gaza. Bolsonaro said he did not accept the election results, although it is not clear how he could challenge them.
In January 2024, Lula’s government endorsed South Africa’s decision to bring a genocide case against Israel before the International Court of Justice. A month later, Lula compared Palestinian suffering in Gaza to Hitler’s murder of the Jews, triggering a diplomatic crisis between Brazil and Israel. Brazil’s Jewish umbrella organization, CONIB, publicly condemned the comparison as a distortion that offended the memory of Holocaust victims and their descendants.
The remarks were also criticized by the Holocaust Museum of Buenos Aires. Sen. Bolsonaro promised a big shift toward Israel when he spoke on June 28, 2026, in Buenos Aires in a meeting with Jewish leaders. “In 2027, Brazil will not only once again have an ambassador to Israel, but will also take the step of moving its embassy to Israel’s capital, Jerusalem,” he said.
That night he also lauded the 120,000 Jews in Brazil, saying, “They are men and women who rank among the brightest in Brazilian medicine, industry, science, culture and business.”
After Bolsonaro finished ahead of Lula in the first round on Oct. 4, Netanyahu sent a message the following day on X: “Congratulations @FlavioBolsonaro on yesterday’s vote and good luck in the final. I look forward to restoring the extraordinary friendship between Israel and Brazil. Best wishes for your great victory, my friend.”
Since 2023, several Latin American countries have strengthened ties with Israel, in some cases reversing policies adopted by their predecessors, among them:
Argentine President Javier Milei elected in 2023, who makes support for Israel central to his foreign policy and meets with families of hostages Hamas abducted in its deadly Oct. 7, 2023, raid on Israel, which launched the current war;
Bolivian President Rodrigo Paz Pereira, elected in 2025, who restored diplomatic relations with Israel severed by his predecessor;
President Nasry Asfura of Honduras, elected in 2025, who immediately formally recognized Israel’s new ambassador, a process his predecessor left in limbo;
Chilean President José Antonio Kast, elected in 2025, who is rebuilding ties with Israel diminished by his predecessor;
and Colombian President Abelardo de la Espriella, elected in May, who restored diplomatic ties with Israel severed by his predecessor, sent his foreign minister to inaugurate an embassy in Jerusalem and pulled out of the ICJ genocide case against Israel.
This article originally appeared on JTA.org.
The post Lula’s reelection puts the brakes on Latin America’s pro-Israel shift appeared first on The Forward.
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In anti-Muslim speech, Trump says Jews who support El-Sayed should be ‘ashamed’
(JTA) — President Donald Trump disparaged Jewish voters who support Abdul El-Sayed, Michigan’s Democratic Senate nominee, at a rally in Port Huron on Sunday.
“Any Jewish person that supports this guy should be ashamed of themselves,” Trump told some 4,000 supporters in the city north of Detroit, where he stumped for Republican nominee Mike Rogers. “You should never speak to them again.”
Hundreds of Michigan Jews have pledged to vote for El-Sayed, who polls indicate is narrowly leading Rogers in a race key to determining control of the Senate. Another subset of Jews has pressured El-Sayed, a staunch critic of Israel, to defend “Jewish safety — including for Zionist Jews” and “Jewish sovereignty in Israel.” Still others have urged their community members to reject El-Sayed outright and back Rogers.
El-Sayed opposes U.S. military aid to Israel, saying the country has committed genocide in Gaza and is “not an ally.” Those positions divided the Democratic party during his primary campaign against pro-Israel U.S. Rep. Haley Stevens, whom he narrowly bested in August. A former public health official, El-Sayed has also emphasized affordability in healthcare, housing and education. He has made a concentrated push to reach undecided Jewish voters in the homestretch before the Nov. 3 midterm election, hiring a Jewish outreach director last week.
Trump has in the past accused Jews who vote for Democrats of being “disloyal to Jewish people” and “disloyal to Israel.”
He said at the Port Huron rally that he is “polling at 99% in Israel,” which will hold national elections on Tuesday.
Trump did not cite evidence for the claim, which is unsupported by publicly available surveys. While he has historically scored high popularity among Israelis, a poll by the Jewish People Policy Institute in June found the Israeli public’s trust in him was declining. The poll said that 12% of Israelis reported having a great deal of trust in Trump, down from 21% in May, while the share of Israelis with complete distrust in him rose from 32% to 37%.
Trump joined his comments about Jews and Israel to anti-Muslim rhetoric about El-Sayed, who would become the first Muslim in the Senate if he is elected.
Trump baselessly called El-Sayed a “jihadist Muslim Brotherhood member” who was “on the side of the terrorists,” adding that he would “have to go through a metal detector before he’s allowed to go into the Senate.”
He threatened that “if Abdul and the Democrats win, they will open the floodgates and invite hordes of jihadists to our shores, creating a nightmare of violence and terror until you cannot even have a Christmas.”
Trump claimed that El-Sayed’s half sister, Eman Abdelhadi, celebrated the Hamas attacks on Israel on Oct. 7, 2023. On the first anniversary of the attack, Abdelhadi posted a video that said, “no matter how great the brutality, the oppression, the intensity of what we’re going through, the horizon of justice is just around the corner,” according to The New York Times. She did not directly mention or celebrate the violence.
Trump also said that El-Sayed’s mother had “worked for an organization that gave hundreds of thousands of dollars to Osama bin Laden and al-Qaeda.” A Times investigation reported that El-Sayed’s mother worked as a nurse in Missouri for a Muslim aid group that was later designated by the U.S. government as a supporter of terrorist groups. She was never accused of wrongdoing.
El-Sayed’s campaign has said that he “disagrees” with his sister on “a number of political positions and the rhetoric she’s chosen to use, including on foreign policy.” He was raised by his father and stepmother and has said that he had little relationship with his biological mother while growing up.
Former President Barack Obama campaigned with El-Sayed in Detroit on Saturday, saying the candidate was “fighting for change, real change, that will get money out of politics and put money in your pocket.”
This article originally appeared on JTA.org.
The post In anti-Muslim speech, Trump says Jews who support El-Sayed should be ‘ashamed’ appeared first on The Forward.
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CAIR Connecticut urges Greenwich schools to stop using Eisner Camp over Israel ties
(JTA) — GREAT BARRINGTON, Mass. – Greenwich Public Schools in Connecticut said it would proceed with a planned fall trip for sixth graders at a Jewish camp in Massachusetts as planned this week, despite pressure from a Muslim advocacy organization over the camp’s Israeli symbols and Israel-related programming.
CAIR Connecticut, the state chapter of the Council on American-Islamic Relations, objected to the trip, saying that programming at Eisner Camp in Great Barrington “incorporates connections to Israel,” the chapter’s board chair Farhan Memon wrote in a letter to Greenwich Superintendent of Schools Toni Jones dated Oct. 13.
The four-day Greenwich Schools field trip was organized by the Outdoor Classroom project, which works with seven locations in New England, including Eisner. Four of the camps are affiliated with Christian organizations, and two have no religious affiliation. With its clients, Outdoor Classroom coordinates nature-related learning programs for kids.
Memon wrote that some parents in Greenwich had viewed a video and photos of previous school events at Eisner and “identified Israeli flags and yellow ribbons prominently displayed in spaces used during school visits.”
“At the very least, spaces used by Greenwich students on any school trip should be free of national and political displays,” Memon wrote.
Eisner director Paul Isserles said in a statement shared with the Jewish Telegraphic Agency: “We welcome Outdoor Classroom to use our camp facilities. Throughout the year many outside organizations rent our facilities for various programs. URJ Eisner Camp is proud to have an Israeli flag displayed for our camp programs.”
When it comes to visiting groups, “Frankly, we are not regularly asked to do anything to remove those symbols or to cover them,” said Union for Reform Judaism president Rabbi Rick Jacobs in a telephone interview with JTA. “Because to be honest, we wouldn’t.”
Answering Memon’s letter on Oct. 14, Jones wrote in an email that her school district “acknowledges that individuals and families have vastly different views regarding global events” and that it intends to “provide an inclusive and safe educational environment for all Greenwich Public School students, including when they are on field trips under our care.”
She added that she had “made it clear to a few families that we will not take a political or religious stand.” JTA has seen both the CAIR letter and the email response.
CAIR Connecticut did not respond to JTA’s query.
CAIR’s national website says the organization promotes interfaith dialogue and “condemns all acts of violence against civilians by any individual, group or state.”
The Reform movement founded the 600-acre camp in 1958 as the Joseph Eisner Camp Institute for Living Judaism. It is located in the Berkshire Hills south of the town center of Great Barrington.
It is one of more than a dozen of the movement’s overnight camps in the North America. Many of those camps are rented throughout the year by groups that have nothing to do with Judaism, URJ’s Rabbi Jacobs said. “If a group rents the camp, they come up with their own agenda,” he said.
He added, “There are flags and other symbols of Judaism and of Israel in our camps, and we’re proud of that.”
Some parents had raised concerns about the venue as early as March. CAIR urged the district to stop using the camp in the Oct. 14 letter.
Removing decorations from the camp would not be enough, he said, noting that parents were upset after seeing promotional material about Eisner bringing Jewish campers to visit Israeli army bases under the Gadna, an Israeli military youth program.
A July 2019 post on Eisner Camp’s website says a group of participants in its Israel trip chose Gadna, stayed at an army base, practiced drills and learned to shoot at a target.
“URJ Eisner Camp participants who go to Israel have not participated in Gadna since 2023,” camp director Isserles said in a statement provided to JTA. “Our Israel programming at camp and in Israel is focused on Jewish identity, community, education, and connection to Israel.”
What CAIR is saying is that “A Jewish institution can be an unfit place for public-school children because it is visibly Jewish and identifies openly with Israel,” wrote blogger and Eisner alumnus Rabbi Jeff Salkin in his “Unfiltered” Substack on Oct. 19.
“A Jewish institution should not have to hide its Jewish identity to count as a fit place for other people’s children. You would not ask a church camp to remove a cross, or a Muslim camp to take down a crescent. A standard that demands such hiding makes Jewish identity itself the problem,” Salkin wrote.
This article originally appeared on JTA.org.
The post CAIR Connecticut urges Greenwich schools to stop using Eisner Camp over Israel ties appeared first on The Forward.
