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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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As Political Lines Blur, Republican Jewish Coalition’s Matt Brooks Warns of a Deeper Shift Facing American Jews
Matt Brooks, CEO of the Republican Jewish Coalition, holds a kippah in support of former US President and Republican presidential candidate Donald Trump as he speaks on Day 2 of the Republican National Convention, at the Fiserv Forum in Milwaukee, Wisconsin, US, July 16, 2024. Photo: REUTERS/Mike Segar
At some point, the question stops being which political party you belong to — and becomes what, exactly, you believe that party stands for.
That was the underlying tension in a recent conversation with Republican Jewish Coalition CEO Matt Brooks, who offered a stark assessment of the changing political landscape for American Jews: the erosion of bipartisan support for Israel, the reemergence of antisemitism across ideological lines, and a growing sense that long-held assumptions about political alignment no longer cleanly apply.
For decades, support for Israel functioned as one of the few durable points of agreement in American public life. It transcended party, survived shifts in leadership, and provided a kind of baseline continuity in an otherwise volatile political system. That consensus, Brooks suggested, has now meaningfully weakened.
“There is only one pro-Israel party today,” he said on The Algemeiner‘s “J100” podcast. “And that’s the Republican Party.”
It is, in his telling, less a triumph than a warning — a sign that what was once shared ground has become contested terrain.
The shift did not happen overnight. Brooks, who has spent nearly four decades at the intersection of Jewish communal life and Republican politics, described a long internal effort to strengthen pro-Israel sentiment within the GOP — one that has, by his account, succeeded.
What concerns him now is not where the Republican Party has landed, but where parts of the Democratic Party have moved.
Yet the more unsettling dynamic, he argued, is not confined to partisan drift. It is structural.
Invoking the “horseshoe theory,” Brooks pointed to a phenomenon that has become increasingly difficult to ignore: the convergence of the political extremes. While the far left and far right often present themselves as opposites, he argued, their rhetoric — particularly when it comes to Jews — can begin to mirror itself in striking ways.
“The language may be different,” Brooks said, “but the themes are familiar.”
On one end, Jews are cast as agents of capitalism, landlords, or power brokers within systems of inequality. On the other, they are portrayed as shadowy manipulators of media, finance, or political institutions. The ideological framing shifts. The underlying instinct does not.
That convergence, he warned, creates a more diffuse and unpredictable threat environment — one in which antisemitism is no longer easily located or dismissed as belonging to a single fringe.
The implications of these changes, Brooks suggested, extend into the political behavior of American Jews more broadly.
For much of the modern era, Jewish voting patterns have been closely tied to identity, history, and inherited political affiliation. But Brooks indicated that those patterns may be undergoing a quiet but significant recalibration — one driven less by ideology than by a more immediate question: security.
“It’s not about who you like,” he said. “It’s about who you trust to keep you safe.”
That framing, he noted, has proven especially resonant in recent election cycles, where data-driven outreach efforts have shown that concerns about personal safety, antisemitism, and the security of Israel can outweigh longstanding partisan loyalties — particularly among undecided voters.
It is, in many ways, a shift from expressive politics to consequential politics — from signaling identity to assessing risk.
And yet, for all the instability he described, Brooks did not frame the moment as one of inevitable decline.
On the contrary, he returned repeatedly to the idea of resilience — not as a slogan, but as a historical pattern.
“We’ve faced adversity before,” he said. “We’re a resilient people.”
That resilience, in his view, is what underwrites his long-term optimism about American Jewry.
Still, optimism, as Brooks articulated it, is not the same as comfort. It is contingent. It requires recognition — of shifting alliances, of emerging threats, and of the limits of assumptions that may no longer hold.
The deeper question raised by his analysis is not simply which party is more aligned with Jewish interests at a given moment. It is whether the framework through which those interests have historically been understood — bipartisan consensus, stable coalitions, predictable boundaries — is itself in the process of being rewritten.
If so, then the challenge facing American Jews is not only political, but conceptual. It is to understand where they stand in a landscape that is less fixed than it once was — and to decide, with greater clarity and less nostalgia, what matters most when the ground begins to shift.
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Federal Complaint Alleges Antisemitic Housing Discrimination at Williams College
Williams College in Massachusetts. Photo: Wikipedia commons.
A federal complaint filed with the US Department of Housing and Urban Development accuses Williams College in Massachusetts of practicing housing discrimination against an Orthodox Jewish student whom it allegedly denied kosher foods and other religious accommodations that would have promoted his integration into the mainstream campus culture.
Filed on Thursday by the Louis D. Brandeis Center for Human Rights Under Law, the complaint presents a harrowing portrayal of an observant Jewish student forced to eat vegan cuisine which falls far below the culinary standards of meals prepared for other students, to stand in the cold for hours when observance of the Sabbath prevents his using an electronic keycard to enter residence halls, and to “confine” himself to his room on Saturdays to avoid being locked out.
So indifferent is the college to the student’s situation, the Brandeis Center alleges, that it once discouraged him from moving to campus at the same time as it promised other incoming students a “learning community you live in.” The Brandeis Center adds that the school’s alleged violation of its own values is underscored by the fact that it mandates on-campus residency for most students due to its belief that living at the college is an integral part of the undergraduate experience.
“It saddens me as a proud Williams College alumnus to see my alma mater treat a Jewish student as a lesser member of the community because of his religion, turning him away as he was freezing and hungry,” Brandeis Center chairman and chief executive Kenneth Marcus said in a statement announcing the legal action. “Religious discrimination is discrimination. Jews, as well as other students and people of faith, should be able to practice their religion freely, without prejudice or discrimination. That is what religious freedom in America is all about, and we must continue to stand up when this freedom is denied.”
On Wednesday, the college told The Algemeiner that it has “no tolerance for antisemitism or discrimination” and would “welcome” a “dialogue with the student and Brandeis Center to ensure a welcoming and inclusive educational environment.”
“We are devoted to ensuring that all students have success to appropriate living spaces, dining options, and our full range of learning opportunities,” the college’s media relations director said. “The college’s leaders and chaplains are strongly committed to working with students and their families to address student concerns.”
The complaint trails years of reports that American higher education institutions fail to protect the civil rights of Jewish students even as their leaders proclaim a commitment to promoting equity and inclusion. While many institutions have pledged to combat antisemitism in recent months with new initiatives and policies, surveys of Jewish students continue to suggest that those reforms have not yet produced a meaningful reduction in antisemitic bigotry.
A striking 42 percent of Jewish students report having experienced antisemitism at college, according to a survey released by the American Jewish Committee and Hillel International in February. Of that group, 55 percent said they felt that being Jewish at a campus event threatened their safety. The survey also found that 32 percent of Jewish students believe that campus groups promote antisemitism or a learning environment that is hostile to Jews, while 25 percent said that antisemitism was the basis of being “excluded from a group or an event on campus.”
On Thursday, the Brandeis Center said the specifics of the William College case prompted a “first of its kind” approach to representing a campus antisemitism victim. The group has filed scores of federal complaints alleging antisemitic discrimination in higher education, but the agency petitioned in those cases was the Department of Education’s Office for Civil Rights (OCR). Additionally, the suits demanded redress for violations of Title VI of the Civil Rights Act of 1964. Now, the Brandeis Center contends that Williams College ran afoul of the Fair Housing Act (FHA) and is contesting the matter in the Department of Housing and Urban Development.
“The filing reflects the expansion and strengthening of the Brandeis Center’s legal advocacy efforts to push back against discrimination targeting Jewish Americans wherever their civil rights are threatened,” the group said.
Follow Dion J. Pierre @DionJPierre.
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Democratic Nominee for University of Michigan Regent Refuses to Condemn Hezbollah
Attorney Amir Makled accepts the Michigan Democratic Party’s endorsement for the University of Michigan Board of Regents in Detroit, Michigan on April 19, 2026. Photo: Andrew Roth/Sipa USA via Reuters Connect
A political controversy is intensifying in the race for a spot on the University of Michigan’s top governing body, as Democratic nominee Amir Makled faces mounting criticism for failing to explicitly condemn Hezbollah, the Iran-backed Lebanese terrorist group responsible for attacks against not only Israel but also Western targets — including US soldiers.
Makled, an attorney who last Sunday secured the Democratic Party’s nomination for a seat on the university’s Board of Regents, has come under scrutiny following the resurfacing of social media activity in which he appeared to engage with or amplify content viewed as sympathetic to Hezbollah and hostile toward Israel.
When asked last week by MLive, a local news outlet, to clarify his views on Hezbollah, a US-designated terrorist organization, Makled deflected and refused to criticize the Islamist group. However, Makled stated that he would continue condemning the Israel Defense Force (IDF).
“I will continue to talk critically of the policies of the Israeli Defense Forces and of the state of Israel,” Makled said. “But I’m not playing a condemnation game of Hezbollah, because I believe that’s a trap designed to put Arab Americans on the defense simply for existing.”
Makled also dismissed the notion that his Jewish opponent in the Democratic primary, incumbent Jordan Acker, lost his reelection bid due to antisemitism.
“Hatred against Jewish people is wrong, period,” Makled said. “Acker didn’t lose because of antisemitism. People are tired of Islamophobia. They’re tired of being told that standing up for Arab lives is somehow disqualified.”
In the two years following the Hamas-led massacre across southern Israel on Oct. 7, 2023, Acker has been targeted by anti-Israel activists with a relentless barrage of protests. In December 2024, for example, pro-Hamas activists targeted Acker’s home with violent demonstrations, breaking his windows and spray-painting his car with the message “Divest Free Palestine.” The vandals also spray-painted on Acker’s car an inverted red triangle, a symbol used to indicate support for the Hamas terrorist group.
The contest has drawn national attention because of the unusually broad authority held by University of Michigan regents, who are elected statewide and oversee the university’s finances, investments, executive leadership, and major institutional policy decisions. The eight-member board plays a central role in decisions ranging from presidential oversight to responses to campus protest movements and demands for divestment.
Makled, a Dearborn-based civil rights attorney who has been outspoken in support of divestment from Israel, won the party’s nomination for one of two regent seats up for election this year, defeating Acker, who had become a frequent target of pro-Palestinian activists over his opposition to the boycott, divestment, and sanctions (BDS) movement against Israel on campus.
Makled initially came under immense scrutiny after an investigation by The Detroit News revealed that he was found to have deleted social media posts praising leaders of Hezbollah. One of the posts referred to slain Hezbollah leader Hasan Nasrallah as a “martyr.” He also reposted antisemitic messages from far-right commentator Candace Owens which referred to Israelis as “demons” who “lie, cheat, murder, and blackmail.”
While Makled has issued statements broadly disavowing antisemitism, his refusal to emphatically denounce Hezbollah has raised eyebrows among moderate Democrats and Jewish voters in Michigan. Jewish organizations and community leaders have expressed alarm over what they describe as a troubling pattern of ambiguity.
The controversy has already had political consequences. A major labor union withdrew its endorsement of Makled, citing concerns over his past rhetoric and associations. Within the Democratic Party, the episode has exposed widening divisions over how to address extremism linked to anti-Israel activism.
The dispute comes amid heightened sensitivities surrounding the ongoing conflict between Israel and Hamas, as well as increased scrutiny of campus climates across the United States. Further, the controversy remains especially sensitive in Michigan, as a Hezbollah-sympathizing terrorist targeted a major synagogue, Temple Israel, in suburban Detroit last month.
Further, higher education institutions like the University of Michigan have faced criticism over their handling of anti-Israel protests, some of which have drawn accusations of crossing into antisemitic territory. Against this backdrop, Makled’s candidacy has become a flashpoint in a broader debate over whether anti-Israel activism is being sufficiently challenged when it veers into support for extremist groups.
Critics note that as a regent, Makled would help oversee university policy, including responses to campus discrimination and student safety concerns. His reluctance to explicitly condemn Hezbollah could raises serious questions among voters about his judgment and fitness for the role.
Makled’s willingness to frame violent anti-Israel protests as a legitimate expression of grievances and expression further casts doubt over whether he would be willing to dispatch law enforcement to control raucous demonstrations on campus.
The controversy underscores a growing tension within Democratic politics, where progressive activism related to the Palestinian cause has, in some cases, blurred lines that critics say should remain clear—particularly regarding terrorist organizations and incitement against Israel. This issue has become more salient in recent months, as Democrats have increasingly cozied up to individuals that espouse extremist beliefs, such as anti-Israel streamer Hasan Piker.
Supporters of Acker have argued the outcome reflects a broader deterioration in support for Israel and tolerance of antisemitism within Democratic politics, particularly among younger and more progressive voters. Some also noted that Paul Brown, Acker’s non-Jewish running mate who had similarly opposed divestment efforts, was renominated while Acker was not, making the result especially symbolic for many Jewish Democrats.
