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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Israel Announces Departure From Several UN Agencies It Accuses of Bias Against Jewish State

United Nations Secretary-General Antonio Guterres speaks at the UN headquarters in New York City, US, before a meeting about the conflict in Gaza, Nov. 6, 2023. Photo: REUTERS/Caitlin Ochs

Israel will immediately sever ties with several United Nations agencies and international organizations, the Foreign Ministry announced on Tuesday, accusing the bodies of exhibiting systemic bias against the Jewish state within the UN system.

In a statement posted on social media, the foreign ministry said that the decision was made following an internal examination after the United States last week withdrew from dozens of international bodies which, according to the White House, “no longer serve American interests.”

The move was approved by Israeli Foreign Minister Gideon Sa’ar, who instructed officials to conduct a broader review to determine whether Israel should continue cooperating with additional international organizations, potentially leading to further shakeups. 

The seven organizations that Israel will remove itself from right away are: the Office of the Special Representative of the Secretary-General for Children in Armed Conflict, UN Entity for Gender Equality and the Empowerment of Women (UNWOMEN), UN Conference for Trade and Development, (UNCTAD), UN Economic and Social Commission for Western Asia (ESCWA), UN Alliance of Civilizations, UN Energy, and Global Forum on Migration and Development. 

The foreign ministry argued that each body targeted Israel unfairly.

Israeli officials said the decision to sever ties with these specific organizations was the result of a broader conclusion that parts of the UN system have been politicized and openly hostile to Israel. According to the foreign ministry, several of the bodies either singled out Israel for disproportionate condemnation, ignored or minimized Israeli civilian suffering, produced one-sided and ideologically driven reports, or provided platforms for critics while excluding Israeli participation altogether.

Other organizations were accused of undermining core principles of state sovereignty or exemplifying an unaccountable and inefficient UN bureaucracy. Collectively, the ministry argued, this repeated behavior led Israel with little justification for continued engagement and necessitated a reassessment of participation in forums it believes no longer operate in good faith.

Israeli officials framed the move as both corrective and overdue, arguing that a number of UN-affiliated bodies have abandoned neutrality and instead become platforms for political attacks against the Jewish state.

Several of the organizations cited in the US withdrawal announcement had already been cut off by Israel in recent years.

Israel ended cooperation with UN Women in July 2024, after the agency declined to address or investigate sexual violence committed against Israeli women during Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel. The foreign ministry said the organization’s silence on the issue was unacceptable, adding that the former local head of UN Women concluded her tenure at Israel’s request.

Officials signaled that additional organizations could face similar decisions as Israel reevaluates the costs of participation in international forums it believes have become politicized.

The move comes on the heels of the US removing itself from 66 international organizations which, the Trump administration argued, behave “contrary to US national interests, security, economic prosperity, or sovereignty” and promote “ideological programs that conflict with US sovereignty and economic strength.”

“These withdrawals will end American taxpayer funding and involvement in entities that advance globalist agendas over US priorities, or that address important issues inefficiently or ineffectively such that US taxpayer dollars are best allocated in other ways to support the relevant missions,” the White House said in a Jan. 7 statement.

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Anti-Israel Activists Drop Lawsuit to Cancel Antisemitism Prevention Course at Northwestern University

People walk on the campus of Northwestern University, a day after a US official said $790 million in federal funding has been frozen for the university while it investigates the school over civil rights violations, in Evanston, Illinois, US, April 9, 2025. Photo: REUTERS/Vincent Alban

A civil lawsuit which aimed to cancel Northwestern University’s antisemitism prevention course on the apparent grounds that conduct widely acknowledged as antisemitic is integral to Palestinian culture has been voluntarily withdrawn by both parties.

“The plaintiffs and defendants, by and through their respective undersigned counsel, hereby submit the following joint stipulation of voluntary dismissal purgation to federal rule of civil procedure … and hereby stipulate to the dismissal of this action in its entirety, without prejudice,” says a court document filed on Dec. 22. “Each party shall bear its own attorneys’ fees and costs.”

As previously reported by The Algemeiner, the Council on American-Islamic Relations (CAIR) — an organization that has been scrutinized by US authorities over alleged ties to the Palestinian terrorist group Hamas — demanded a temporary restraining order to halt the program, which the university mandated as a prerequisite for fall registration, and the rescission of disciplinary measures imposed on nine students who refused to complete it. Filing on behalf of the Northwestern Graduate Workers for Palestine (GW4P) group CAIR charged that the required training violates Title VI of the US Civil Rights Act of 1964 and serves as a “pretense” for censoring “expressions of Palestinian identity, culture, and advocacy for self-determination.”

CAIR particularly took issue with Northwestern’s adoption of the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism and its application to the training course, which, at its conclusion, calls on students to pledge not to be antisemitic.

Used by governments and other entities across the world, the IHRA definition describes antisemitism as a “certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere.

Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.

The mutual dismissal did not cite a reason for the claim’s withdrawal, but it was Northwestern’s robust policy agenda for combating antisemitism which precipitated CAIR’s scrutiny.

The university adopted the IHRA definition of antisemitism in 2025 and began holding the “mandatory antisemitism training” sessions CAIR challenged in its lawsuit.

“This included a live training for all new students in September and a 17-minute training module for all enrolled students, produced in collaboration with the Jewish United Fund,” Northwestern said in a report which updated the public on its antisemitism prevention efforts. “Antisemitism trainings will continue as a permanent part of our broader training in civil rights and Title IX.”

Other initiatives rolled out by the university include an Advisory Council to the President on Jewish Life, dinners for Jewish students hosted by administrative officials, and educational events which raise awareness of rising antisemitism in the US and around the world.

On Tuesday, the Coalition Against Antisemitism at Northwestern (CAAN) told The Algemeiner that the lawsuit lacked a “strong legal foundation” and was “an inefficient use of judicial resources.”

It added, “Universities have broad discretion to require training programs designed to address antisemitism and other issues central to campus safety and wellbeing. While the case was withdrawn prior to a ruling on the merits, we believe the university’s authority in this area is well-established.”

In late November, Northwestern University agreed to pay $75 million and abolish a controversial compact, known as the “Deering Meadow Agreement,” it reached with a pro-Hamas student group in exchange for the US federal government’s releasing $790 million in grants it impounded in April over accusations that it was slow to address antisemitism and other policies which allowed reverse discrimination.

Part of the “Deering Meadow Agreement” which ended an anti-Israel encampment, called for establishing a scholarship for Palestinian undergraduates, contacting potential employers of students who caused recent campus disruptions to insist on their being hired, creating a segregated dormitory hall to be occupied exclusively by students of Middle Eastern and North African (MENA) and Muslim descent, and forming a new advisory committee in which anti-Zionists students and faculty may wield an outsized voice.

The agreement outraged Jewish civil rights groups and lawmakers and ultimately led to the resignation of former Northwestern University president Michael Schill, who authorized the concessions.

“As part of this agreement with the federal government, the university has terminated the Deering Meadow Agreement and will reverse all policies that have been implemented or are being implemented in adherence to it,” the university said in a statement, noting that it also halted plans for the segregated dormitory. “The university remains committed to fostering inclusive spaces and will continue to support student belonging and engagement through existing campus facilities and organizations, while partnering with alumni to explore off-campus, privately owned locations that could further support community connection and programming.”

Follow Dion J. Pierre @DionJPierre.

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For 250 years, American Jews have answered prejudice with defiance

(JTA) — In December 1778, as the American Revolution still raged, a Jewish writer in Charlestown opened a newspaper and saw Jews made into wartime scapegoats. An article in the local press claimed that Jews in Georgia had taken “every advantage in trade,” then fled with “ill-got wealth” as soon as the state was “attacked by an enemy,” “turning their backs upon the country when in danger.”

The writer did not let this accusation go unanswered. He responded in print. And he signed his reply with a line that declared both his patriotism and his devotion to Judaism: “A real AMERICAN, and True hearted ISRAELITE.”

That combination — civic belonging and Jewish identity claimed in the same breath — feels newly resonant as the United States enters its 250th anniversary year. The American story has never been free of antisemitism. But this early source reveals something else that is often overlooked: From the country’s earliest years, Jews in the United States could answer public insinuations in newspapers, using the civic vocabulary of their time, as participants in the public square.

The 1778 letter is striking not only for its tone but for its immediacy. The author refutes the rumor with a blunt factual claim: “there is not, at this present hour, a single Georgia Israelite in Charlestown.” The people the earlier writer thought he had identified “upon inspection of their faces,” he suggests, were women “with their dear babes,” fleeing danger as countless families did in wartime.

Then he turns the accusation on its head. Far from abandoning Georgia, he writes, Jewish merchants from the state had been in Charlestown on “Sunday the 22d” [sic] of the previous month and when they learned of an enemy landing, “they instantly left this… and proceeded post haste to Georgia, leaving all their concerns unsettled.” They are now, he insists, “with their brother citizens in the field, doing that which every honest American should do.”

The accusation did not end with the Revolution. In the next century, amid another national crisis, it returned in a different form — and again drew a public reply.

A second text, published 85 years later during the Civil War, records antisemitism appearing again. On May 22, 1863, the Natchez Daily Courier published an extract from a sermon preached at the German Hebrew Synagogue in Richmond on a fast day “recommended by the President.” The rabbi, M. J. Michelbacher, addressed what he called the “cry” heard in public life: “that the Israelite does not fight in the battles of his country.”

The sermon does what the Charlestown letter did. It names the accusation plainly, then insists that it is false. “All history attests the untruthfulness of this ungracious charge,” the rabbi declares. He speaks of Jewish soldiers who have been “crippled for life, or slain upon the field of battle,” and of “several thousand” still in the war’s campaigns.

Then he turns to another longstanding claim — one that recalled the 1778 rumor about “ill-got wealth.” “There is another cry heard,” he says, “and it was even repeated in the Hall of Congress, that the Israelite is oppressing the people — that he is engaged in the great sin of speculating and extorting in the bread and meat of the land.”

The rabbi reports having made “due inquiry” from the Potomac to the Rio Grande and concludes: “the Israelites are not speculators nor extortioners.” He argues that Jewish merchants do not hoard a staple “to enhance its value,” and he appeals to the plain logic of commerce: “It is obvious to the most obtuse mind that the high prices of the Israelite would drive all his customers into the stores of his Christian neighbors.”

Taken together, the 1778 letter and the 1863 sermon extract show two strands present early in the American record: antisemitism, and the ability to answer it in print. That right did not erase prejudice or guarantee safety. But it did give American Jews an early civic tool of belonging —something many European Jews could not take for granted.

The same paper record that preserves these rebuttals also holds another inheritance: early scenes of Jewish belonging, especially at synagogue dedications and cornerstone layings, when non-Jewish neighbors and civic leaders chose to show up.

In Charleston, one of the nation’s earliest centers of Jewish life, Temple Beth Elohim rebuilt after a devastating fire in 1838. When the new synagogue was dedicated in March 1841, notices extended an invitation beyond the Jewish community. “Clergy of all denominations,” “His Excellency the Governor,” judges, other elected officials, the Mayor and Aldermen of Charleston, and “the public generally” were all “respectfully invited to attend.”

The notice shows the dedication as a civic occasion, not a private rite.

A similar pattern appears in Mobile. In 1858, after a fire left the Jewish community without its synagogue, a report in The Israelite spoke with gratitude of “Christian brethren” who “had generously and liberally contributed towards erecting a most beautiful and substantial edifice.” The same theme surfaces again and again in early reports of synagogue building across the United States.

That is why these sources matter in a 250th anniversary year: The paper record preserves both early prejudice and early practices of public belonging, and provides a template for what Jews can anticipate in the face of attacks, like last week’s arson at a synagogue in Jackson, Mississippi.

That double inheritance still shapes American Jewish life: welcome and violence, belonging and suspicion. The balance is never guaranteed. Pluralism has to be chosen again and again.

In the 1778 letter, the writer does not ask for pity. He asks for fair judgment. “Let judgment take place,” the earlier author had written, after describing Jews fleeing Georgia. The rebuttal responds with evidence and with a claim about the obligations of citizenship: Georgia’s Jewish merchants, he insists, are “with their brother citizens in the field.”

In 1863, M.J. Michelbacher did not pretend that the accusations were harmless. He calls them “ungracious” and rooted in prejudice.

As the United States marks 250 years, there will be no shortage of speeches about what it means to be an American. Newspaper archives offer one reminder: pluralism has always depended on choices made in public life — by editors who amplify slander or correct it, by neighbors who show up to moments of celebration across lines of faith, and by those who helped build places of worship not their own.

Belonging has never been guaranteed; it has been defended. The Charlestown “true hearted Israelite” offers an enduring lesson for the 250th: when prejudice is spoken, and you have the power to answer, you answer

The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.

The post For 250 years, American Jews have answered prejudice with defiance appeared first on The Forward.

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