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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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Jews decry UK newspaper for appearing to justify attack on bakery founded by Israelis
(JTA) — A Guardian column that seemed to rationalize the targeting of a popular Israeli-founded bakery has ignited controversy in the British Jewish community.
The March 14 piece in the British daily, by sports and culture writer Jonathan Liew, came days after the newly opened north London branch of Gail’s was repeatedly vandalized, with its windows smashed and red paint and pro‑Palestinian slogans daubed on its doors.
The Board of Deputies of British Jews denounced the vandalism, saying that “targeting a business on the basis of alleged or perceived Israeli and or Jewish connections reflects a very worrying trend.”
Liew, meanwhile, described the bakery chain’s expansion into diverse neighborhoods as a form of “aggression,” implying that its presence near a Palestinian-owned cafe was inherently provocative.
Critics, including British Jewish media, communal leaders and online commentators, accused Liew of rationalizing an attack on a business they say is being targeted solely because of its founders’ Israeli heritage. Gail’s was founded in the 1990s as a wholesale bakery by Israeli baker Gail Mejia, who with an Israeli partner opened a storefront bakery in 2005. In 2021, the company, today with close to 200 stores, was acquired by the American investment firm Bain Capital.
“We are a British business with no specific connections to any country or government outside the UK,” a spokesperson for Gail’s told the Jewish News. “Our focus right now is on working with the authorities and making sure our people feel safe and supported.”
Although the Guardian piece acknowledges Bain’s ownership, it also notes allegations that the investment firm “invests heavily in military technology, including Israeli security companies.” As a result, wrote Liew, “its very presence 20 metres [65 feet] away from a small independent Palestinian cafe feels quietly symbolic, an act of heavy-handed high-street aggression.” High Street is the British equivalent of “Main Street.”
Pro-Palestinian demonstrators had protested the opening of the branch in the days before the vandalism.
A spokesperson for the Israeli embassy in the U.K. told The Daily Mail that Liew’s article was “an astonishing exercise in bigotry disguised as moral commentary.”
“Beneath its surface lies a familiar and ugly trope: the repackaging of anitsemitic prejudice in fashionable political language,” said Alex Grandler.
The debate, playing out in fiery messages on social media, has highlighted broader concerns about Jewish-owned businesses in Britain being cast as proxies in disputes over the Middle East. In 2025, the Community Security Trust, Britain’s main antisemitism watchdog, recorded 20 incidents involving vandalism at Jewish businesses and organizations.
“In the Guardian’s hall-of-mirrors morality, smashing up a shop because it was founded by Jews is just a touching little political tantrum,” Jewish News editor Richard Ferrer wrote in a column.
In the Guardian piece, Liew seemed to sympathize with the Palestinian-owned cafe in the neighborhood, Cafe Metro, for having been the frequent victim of “pro-Israel activists” who “regularly descend on it to slap stickers on its windows reading ‘Stop killing people’ and ‘One of these days you’ll thank us.’” At the same time, he referred to the window-smashing at Gail’s among the “small acts of petty symbolism” that grow out of Palestinian frustration with their failure to exert influence on the Israel-Palestine debate.
Hadley Freeman, a former columnist for the Jewish Chronicle who now writes a column for The Times, called out Liew for applying an apparent double standard.
“So let me get this straight,” she wrote on X. “1. Petty activism against a Palestinian-owned cafe is bad (agreed!) 2. But *violent* activism against a cafe that people associate (wrongly!) with Israel is justified and understandable.
“Update your rule book accordingly!” she added.
CAMERA UK, a media watchdog group that monitors coverage of Israel, said it had contacted the Guardian, asking if Liew’s column met its “editorial standards.”
“We know the answer, but are nonetheless hoping to see how they justify Liew’s latest defense of antisemitism,” CAMERA said in a statement.
A Guardian spokesperson did share a terse reply with The Daily Mail. “Complaints about Guardian journalism are considered by the internally independent readers’ editor under the Guardian’s editorial code and guidance,” the spokesperson said.
The controversy even reached across the Atlantic. “Good grief — Gail’s is just a bakery!” Patricia Heaton, the actress and conservative political activist, wrote on X. Heaton said she ”had no idea it had any connection to Israel or the Jewish people. But now I want to support it even more.”
Public defenses of the article have been limited, though some pro-Palestinian activists online argued that Liew was only describing the motivations of the protesters rather than endorsing vandalism.
Liew hasn’t responded to the criticism of his column, although he pinned the article to the top of his Bluesky social media account, with the message “the war at home.”
The post Jews decry UK newspaper for appearing to justify attack on bakery founded by Israelis appeared first on The Forward.
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Report: Israeli group quietly organized charter flights evacuating Palestinians from Gaza
(JTA) — An Israeli organization headed by a right-wing activist quietly arranged a series of charter flights that evacuated Palestinians from Gaza last year, according to an Associated Press investigation.
The organization, Ad Kan, a right-wing Israeli organization founded by Gilad Ach, an Israeli combat reservist and West Bank settler activist, coordinated the flights via another company called Al-Majd, which describes itself on its website as a humanitarian organization “supporting Palestinian lives.”
Among the evacuations facilitated by Ad Kan was a flight in May that transported nearly 60 Palestinians to Indonesia and other locations, as well as two flights in October and November that transported over 300 Palestinians to South Africa.
It was not clear who had planned or paid for the flights. South African Foreign Minister Ronald Lamola decried the evacuations as representing “a broader agenda to remove Palestinians from Palestine,” and an investigation was launched into one of the flight’s origins.
At the time, President Donald Trump had walked back his proposal to relocate the population in Gaza to other countries amid criticism, despite getting Israeli Prime Minister Benjamin Netanyahu’s endorsement.
The AP investigation found that Ach had stuck with Trump’s plan after the U.S. president dumped it, publishing a report detailing how he would implement the “voluntary exit.”
The newly revealed origins of the charter flights adds to a history of controversy surrounding small-scale efforts to evacuate Palestinians from Gaza. Last August, France suspended its effort to evacuate Palestinians after a woman who took part in the program was accused of making antisemitic comments online. The same month, the United States also suspended a program designed to give Palestinian medical care after the far-right Jewish influencer Laura Loomer called the effort a “national security threat.”
Several of the passengers on the South Africa flights told the Associated Press that they were unaware of who was behind the flights, but said they did not care and were more concerned with leaving the besieged territory. (Six Palestinians who spoke to the outlet said they paid up to $2,000 per person for the transportation.)
“There was famine, and we had no options. My children were almost killed,” said a 37-year-old Palestinian who arrived in South Africa in November. “Death and destruction was everywhere, all day, for two years, and nobody came to the rescue.”
In a statement to the Associated Press, Ach rejected South Africa’s allegations that the evacuations amounted to ethnic cleansing and decried the “profound hypocrisy” of countries unwilling to accept Palestinian refugees.
“Their continued presence in Gaza, under dire conditions, serves as a tool to pressure Israel internationally and allows Hamas to maintain its rule over this suffering population,” Ach said.
While it was unclear if Ach had coordinated with the Israeli government to facilitate the evacuations, Muayad Saidam, a Palestinian identified on the group’s website as its Gaza humanitarian project manager, told the outlet that travel arrangements for Palestinians must be made with Israeli authorities.
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Illinois primary pits Jewish candidate with deep Israel ties against AIPAC spending
Daniel Biss might seem like the kind of candidate the American Israel Public Affairs Committee could live with. The two-term Evanston mayor grew up partly in Israel, where his family spent summers. His mother is Israeli. He speaks Hebrew. And in his political career, he regularly engaged with pro-Israel groups, including AIPAC.
But with voters going to the polls Tuesday in Illinois for a closely watched Democratic congressional primary, Biss, 48, finds himself in the unusual position of defending himself against nearly $6 million in spending from an AIPAC-aligned super PAC. His district includes Evanston and Chicago’s North Shore suburbs, with one of the largest Jewish populations in the Midwest and a history of Jewish representation. An estimated 11% of the electorate is Jewish.
Speaking with the Forward, Biss acknowledged that the barrage of negative ads has been unpleasant. But he said the outside spending has become central to his campaign, as he seeks to highlight who is behind the attacks. Once voters learn about AIPAC’s role, he said, “they are repelled.”
Biss is the latest target of the major Israel lobby group’s campaign to eliminate candidates for Congress who have substantial engagement on Israel aimed at taking a more moderate path for U.S. policy — even if that means helping get far-left candidates who denounce Israel nominated instead.
That’s what happened in AIPAC’s first intervention in Democratic primaries this year, in a New Jersey special election for a House seat. There, progressive candidate Analilia Mejia — who described Israel’s military campaign in Gaza as a genocide — prevailed after an AIPAC-associated super PAC spent more than $2 million targeting former Democratic Rep. Tom Malinowski.
Elect Chicago Women, a super PAC aligned with AIPAC, has invested more than $5.7 million in attacking Biss and boosting State Sen. Laura Fine, who is also Jewish.
Recent polling, however, showed the spending has not necessarily reshaped the race in Fine’s favor. Kat Abughazaleh, a young Palestinian-American progressive candidate, has risen to second place in recent weeks. She is backed by Justice Democrats and a newer pro-Palestinian political group called Peace, Accountability, Leadership PAC. Her surge has fueled concerns among some Democrats that the race could produce another member of the progressive “Squad” in Congress and make it harder to win the general election.
Biss had tried to get into AIPAC’s good graces. He acknowledged that he had previously engaged with local AIPAC representatives in “good faith,” even submitting a position paper outlining his views on Israel. But he now believes the organization’s approach has become too inflexible to allow for meaningful dialogue.
He called “absurd” AIPAC’s stance opposing any conditions on U.S. military aid to Israel. “And then try to enforce it with millions of dollars of dark money, is certainly bad for democracy and bad for our politics here in America,” Biss added.
Biss said he supports a pair of measures that would restrict certain offensive arms sales to Israel and increase oversight of Israel’s policies in the occupied West Bank and in Gaza. Current Rep. Jan Schakowsky, who is Jewish and has held the seat for nearly three decades, is a co-sponsor of both the Block the Bombs Act and the Ceasefire Compliance Act.
Biss’ views on Israel are shaped in part by his own family’s history. All four of his grandparents were born in Europe. His father’s parents fled Nazi-era Europe in the late 1930s, settling in Decatur, Illinois, where his grandfather established a medical practice.
His mother’s family had a more harrowing journey. Ethnic Hungarians living in what was then Romanian-controlled Transylvania, they were deported to Auschwitz in 1944. Biss’ grandmother, her sister and one brother survived, while her parents and two other siblings were killed. After the war, the surviving members of the family returned to their hometown before immigrating to Israel, where Biss’ mother was raised. Much of his extended family still lives there today.
He said he visited Israel nearly every year from childhood through his early adulthood and speaks Hebrew, which he learned as a child from his mother.
“My connection to Israel is very deep, real and personal,” Biss said. “This is not some political position I take for a questionnaire.”
At the same time, he said, his Jewish upbringing also shaped how he thinks about the Israeli-Palestinian conflict.
If elected to Congress, Biss said, he would push the United States to bring diplomatic and economic pressure to bear on Israel, measures backed by J Street, a more liberal alternative to AIPAC. “I think that it’s important to have people in Congress who advocate for that kind of position, from a standpoint of supporting Israel’s right to exist as a Jewish democratic state, understanding Israel’s need to defend itself, and advocating for a vision of Israeli defense and security that is not inconsistent with basic humanitarian principles, and with the Jewish values of treating every life as equally sacred,” he said.
Steve Sheffey, a longtime Chicago Democratic activist who writes an insider politics newsletter, said that AIPAC’s attacks on Biss seem perplexing — until understood as targeting someone who poses a threat to uncritical U.S. backing. “Biss’ background on Israel is so much deeper and more extensive than almost any member of Congress in either party,” Sheffey said. “When Daniel Biss says something about Israel, it comes with authority.”
Sheffey suggested that independent thinking may be exactly what worries AIPAC.
“AIPAC sees me as a threat because they know that in Congress, I can’t be dismissed,” Biss said in a recent statement.
More districts, more division
The contest is not the only Illinois primary where hardline Israel advocacy groups are playing a major role.
In the 2nd District, a crowded race to replace Rep. Robin Kelly — who is running for the U.S. Senate — has drawn attention after Schakowsky withdrew her endorsement of Cook County Commissioner Donna Miller over her ties to AIPAC-aligned donors. One of Miller’s chief rivals is State Sen. Robert Peters, a Black Jew who has been endorsed by Vermont Sen. Bernie Sanders, accused Israel of genocide and signed on to the Block the Bombs Act. Peters wrote in an op-ed for the Forward that AIPAC’s opposition to him is driven by concern that outspoken Jewish critics of Israeli policy like himself will prompt “others who may have been nervously hanging back…feel like they can take bolder action as well.”
In the crowded race to replace retiring Rep. Danny Davis in the 7th District, the campaign of Chicago City Treasurer Melissa Conyears-Ervin has received about $5 million in spending from AIPAC’s United Democracy Project and an endorsement from Democratic Majority for Israel. Jason Friedman, who is Jewish and previously got AIPAC support, has been “approved” in the primary by J Street.
AIPAC is also boosting former Rep. Melissa Bean, vying to replace incumbent Rep. Raja Krishnamoorthi, who is running in a Senate primary. Elect Chicago Women spent $3.9 in the race. Bean’s campaign also received more than $400,000 in donations from AIPAC donors. Her chief rival is Junaid Ahmed, a critic of Israel who supports an arms embargo on the Jewish state. Chicago Progressive Partnership, a group that shares vendors and donors with other AIPAC-affiliated PACs, aired an attack ad against Ahmed, attacking his personal wealth and investments in Tesla.
In an email to its supporters, AIPAC attempted to frame the races as a fight against potential “Squad” members. It listed Abughazaleh, Peters and Ahmed, along with an additional three progressive lower-tier candidates, as people with “dangerous visions for America,” who need to be stopped. “The pro-Israel community is taking the political fight to them, and we are not backing down,” Jake Braunstein, AIPAC senior director, wrote.
Biss, the candidate most heavily targeted by AIPAC-aligned spending, was not mentioned.
“AIPAC is backing a candidate who has almost no chance of winning,” Sheffey said, referring to Fine.
Joe Rubin, a Democratic commentator and foreign policy expert, said the Biss-Fine-Abughazaleh race differs from AIPAC’s earlier intervention in New Jersey in ways that could prove more embarrassing for the group. In the New Jersey election, AIPAC sought to defeat Malinowski without backing a clear favorite and was willing to take that risk. In Illinois, however, the group is investing heavily to elect Fine — so far unsuccessfully.
“I don’t believe AIPAC is necessarily heartbroken” if they empower a far-left candidate, Rubin said. “But I do think that they’re trying to defeat who they feel will be a very strong opponent.”
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