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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 Warns Citizens in UAE to Keep Low Profile Amid Iranian Drone, Missile Strikes

Smoke billows from Zayed port after an Iranian attack, following United States and Israel strikes on Iran, in Abu Dhabi, United Arab Emirates, March 1, 2026. Picture taken with phone. Photo: REUTERS/Abdelhadi Ramahi

Israel’s National Security Council has urged Israelis in the United Arab Emirates to exercise extreme caution as Iran continues its campaign of drone and missile attacks across the country and broader Gulf region, warning that their safety could be directly at risk.

Jews and Israelis living in the UAE are being advised to avoid public events, synagogues, Israeli-linked businesses, and unnecessary gatherings, including at airports, unless holding a valid flight ticket.

Israeli authorities also instructed employees of companies linked to Israel to stay away from offices and facilities for their own safety.

As flights to and from the UAE remain unpredictable, travelers are strongly advised to avoid itineraries with layovers in the country.

The Israeli government confirmed that supplementary flights bringing Israelis home from the UAE are expected to conclude by Sunday, March 15.

As the war escalates, Iran is continuing to attack neighboring countries and regional interests of the US and Israel, launching waves of drones and missiles that have struck Gulf states, hit critical infrastructure, and forced heightened security measures across the Middle East.

While the US-Israeli campaign has destroyed much of Iran’s military capabilities, thereby reducing their rate of missile fire, launches are still occurring.

Iran has launched more than 1,800 drones and missiles at the UAE since the war began two weeks ago, the latter’s defense ministry said on Friday. While most of the projectiles have been stopped by interceptors and other defensive measures, six people have been killed and 141 have been injured, in addition to significant damage.

In an interview on Friday, UAE Minister of State Lana Nusseibeh urged Iran to cease its attacks on neighboring countries if it seeks a negotiated end to the conflict.

“Ultimately, it will be a diplomatic solution, but there needs to be that tipping point moment, and I think that [US President Donald Trump] will lead us all to that moment in his time,” Nusseibeh said.

“It is difficult to talk about mediation when under attack … Mediation can only happen when the guns go silent,” she continued.

Nusseibeh also expressed that the region was shocked by Iran’s “egregious, illegal, and unlawful attacks” on Gulf nations and Jordan.

According to her, Iranian officials gave no warning that the UAE would be targeted during talks in Tehran two weeks earlier, making the attacks “so shocking and so egregious.”

Iran claims its strikes target the US military presence across the Middle East — including bases in the UAE, Gulf states, Iraq, Jordan, and Turkey — framing them as retaliation for American actions in the region.

However, Iranian drones and missiles have struck key infrastructure, including Dubai Airport, major hotels, and the UAE’s financial hub, sending shockwaves through the region and triggering heightened security alerts across neighboring countries.

The UAE’s top diplomat warned that restoring relations with Iran to their pre‑war status would be nearly impossible, pointing to “the destruction and the chaos that Iran has caused in the region,” as evidence of the deepening regional crisis.

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Temple Israel was my home — and what I learned there can help us get through this difficult moment

Temple Israel has long been a staple of the Detroit Jewish community — and in many ways, it has been a cornerstone of my own life. My connection to that synagogue stretches back to my earliest musical memories.

My first voice teacher, in 8th grade, was the wife of Temple Israel’s cantor, Neil Michaels. As a teenager, I sang in their choir, the Teen T’filah Team, where I was first exposed to the music of the Reform movement and where I first experienced the use of instrumentation in services. It was there that I first learned the song Kehilah Kedoshah by Dan Nichols, a piece I now frequently sing with our own East End Temple choir. As a high school student, I even sang alongside the cantors there during High Holiday services. Throughout childhood I remained close with all three of Rabbi Paul Yedwab’s children, as we attended school together, were in theatre together, and travelled to Israel together.

Temple Israel is where my mother studied for her adult bat mitzvah which was officiated by Rabbi Harold Loss. And it was Temple Israel that took me on my first and second trips to Israel — experiences that profoundly changed the trajectory of my life, deepening and reframing my relationship with Judaism, and ultimately inspiring me to devote my life to the Jewish people. I still vividly remember our 2010 Teen Mission to Israel, led by Rabbi Josh Bennett. On that trip, I realized something transformative: that clergy could be more than just symbolic exemplars of a community, but also fun, adventurous, relatable, deeply present in the lives of young people, and powerful influences on their willingness to engage in Jewish life.

That trip had an unquantifiable impact on me. It was on that drive home from the airport that I decided Judaism needed to once again become a more central part of my life. Two weeks later, for my senior year of high school, I made what felt at the time like a radical decision: I transferred from West Bloomfield High School to the Jewish Academy of Metropolitan Detroit (now the Frankel Jewish Academy).

During that year, I began seriously exploring whether I might pursue a career in the cantorate. I arranged an off-campus internship that allowed me to compare and contrast the life and role of the cantor in both the Conservative and Reform movements. Once a week, I studied privately with Cantor Meir Finkelstein at my family’s Conservative congregation, Shaarey Zedek, and another day each week, I studied with Cantor Michael Smolash at Temple Israel. Aside from my internship, my favorite class that year was a course called Denominational Differences, co-taught by rabbis from the Orthodox, Conservative, and Reform movements — including two of my own beloved rabbis, Aaron Starr (Shaarey Zedek) and Josh Bennett (Temple Israel). In fact, that very subject eventually became the topic of my master’s thesis in cantorial school.

Needless to say, it is unlikely that I would be standing here today as your cantor were it not for the profound influence that the Metro Detroit Jewish community—and Temple Israel in particular—had on me throughout my childhood.

It is for this reason that yesterday’s news struck me so deeply. Learning of antisemitic attacks in the news is always painful and disturbing. Yet, as the frequency of these attacks across the globe becomes evermore pervasive, it’s difficult not to become slightly jaded or emotionally hardened — a natural coping mechanism to deal with ongoing trauma. People are not meant to live in a state of perpetual anxiety and hypervigilance.

But yesterday’s attack on Temple Israel shook me to my core. It is impossible not to experience antisemitism differently when it touches your own community. Realizing that one of my childhood synagogues was the target of a terrorist attack feels surreal. We know intellectually that terrible things happen in the world — but we rarely expect them to happen to us. We must, therefore, remain forever mindful that tragedy is always personal to someone.

Even amid this frightening event, I am profoundly grateful for the brave security personnel at Temple Israel — especially their director of security, Danny — who quite literally put his life on the line to protect everyone inside the building, including the 106 preschool children and teachers who were in class at the time. We pray for the swift and complete physical and emotional healing of those officers, and we hold them in our hearts. It is truly miraculous that no civilians were injured during this attack. And the outpouring of support from the broader Metro Detroit community has been extraordinary — especially from our non-Jewish friends and neighbors who did not hesitate to help in our time of need.

We are particularly grateful to the Chaldean (Iraqi-Christian) community who opened their homes and businesses to shelter those fleeing the scene. The Chaldean-owned Shenandoah country club, museum, and cultural center across the street immediately welcomed and protected those seeking refuge. The fact that Shenandoah — the largest Chaldean community center in the United States — stands directly across the street from Temple Israel — the largest Reform synagogue in the United States — is no coincidence. It reflects the deep personal and communal ties between our communities.

When I was a student there, West Bloomfield High School was comprised of roughly one-third Jewish and one-fifth Chaldean students. Our communities shared classrooms, neighborhoods, friendships — and often cultural similarities. Both Jews and Chaldeans are Middle Eastern peoples whose identities weave together religion, culture, and ancestry. Both communities carry histories shaped by persecution and resilience. Both place profound emphasis on family, education, and tradition. In fact, back home I became somewhat known as the Chaldean community’s Jewish wedding singer, singing at numerous Chaldean churches as the bride walked down the aisle.

In moments like this, we see those shared bonds revealed in the most powerful of ways. I have no doubt that from this tragic incident something meaningful will emerge: our communities will grow stronger, more resilient, more deeply connected, and even more outspokenly proud of our identities. Hatred seeks to isolate and intimidate, but solidarity, courage, and compassion remind us that we are never alone. When neighbors protect neighbors, when communities stand together in the face of fear, we transform even the darkest moments into opportunities for unity, strength and hope.

Olivia Brodsky is the cantor and co-clergy of East End Temple in Manhattan.

The post Temple Israel was my home — and what I learned there can help us get through this difficult moment appeared first on The Forward.

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California Education Department Sues Oakland School District Over Alleged Refusal to Enact Antisemitism Reforms

Californians protesting outside the Department of Education in Sacramento. Photo: ZUMA Press Wire via Reuters Connect

California is suing one of its own publicly funded school systems, the Oakland Unified School District (OUSD), accusing its officials of refusing for several years to address antisemitism and protect the civil rights of Jewish children being subjected to abuse by both their peers and teachers.

Filed by the state’s Department of Education on March 5, the complaint alleges that OUSD’s superintendent never followed through on “corrective actions” decreed by the department to correct a hostile environment which produced “multiple complaints of antisemitism.” One of the measures called for issuing a letter to parents that “condemns antisemitism” while outlining OUSD’s efforts to combat it. The state charges that the superintendent, Dr. Denise Saddler, ignored its directive, a legal obligation as a state entity and recipient of public funds.

“No law or regulation grants OUSD the discretion to disregard or delay prompt implementation of the corrective actions mandated,” the complaint says. “Unless this court grants the relief requested, respondent OUSD will continue to fail and refuse to perform its legal duties.”

The lawsuit continues a dispute between the department and OUSD which began last year when, amid a flood of Jewish students leaving the district, the agency found OUSD guilty of antisemitic discrimination which affected both students and staff. In one incident, the district allowed the presentation of a map, prepared in support of Arab American Heritage Month, which did not include Israel. Speaking to The Oaklandside, a local newspaper, in October, an OUSD spokesman admitted that was “an oversight,” but by that time it had already happened twice.

California itself is being sued by a coalition of leading Jewish advocacy organizations over its alleged failing to address “systemic” antisemitic discrimination in K-12 public schools.

Led by the Louis D. Brandeis Center for Human Rights Under Law and StandWithUs, the legal action stems from consecutive years of antisemitic abuse perpetrated against Jewish students, parents, and teachers by anti-Zionists at every level of the school system. Court documents shared with The Algemeiner earlier this week revealed new, harrowing accusations of Jews being called “k—kes,” Jewish students being threatened with gang assaults, and K-12 students chanting “F—k the Jews” during anti-Israel demonstrations promoted by faculty.

In one highly disturbing incident described in the legal complaint, fifth graders from the OUSD were filmed by the teacher saying “Another major thing that I’ve learned is that the Jews, the people who took over, basically just stole the Palestinians’ land” and “one thing that’s really surprising to me, and that appeals to me is that the US is helping the Jews.” In another incident, the Oakland Education Association confected a curriculum in which the intifada — which refers to two prolonged periods of terrorism in which Palestinians murdered Israeli civilians — was taught to third graders as a nursery rhyme.

Litigation related to antisemitic incidents in California K-12 schools surged following Hamas’s Oct. 7, 2023, massacre across southern Israel, which triggered a barrage of antisemitic hate crimes throughout the US and the world. The list of outrages includes a student group chanting “Kill the Jews” during an anti-Israel protest and partisan activists smuggling far-left, anti-Zionist content into classrooms without clearing the content with parents and other stakeholders.

Elsewhere in California, K-12 antisemitism has caused severe psychological trauma to Jewish students as young as eight years old and fostered a hostile learning environment, according to complaints.

In the Berkeley United School District (BUSD), teachers have allegedly used their classrooms to promote antisemitic stereotypes about Israel, weaponizing disciplines such as art and history to convince unsuspecting minors that Israel is a “settler-colonial” apartheid state committing a genocide of Palestinians. While this took place, high level BUSD officials were accused of ignoring complaints about discrimination and tacitly approving hateful conduct even as it spread throughout the student body.

At Berkeley High School, for example, a history teacher forced students to explain why Israel is an apartheid state and screened an anti-Zionist documentary, according to a lawsuit filed in 2024 by the Brandeis Center and the Anti-Defamation League (ADL). The teacher allegedly squelched dissent, telling a Jewish student who raised concerns about the content of her lessons that only anti-Zionist narratives matter in her classroom and that any other which argues that Israel isn’t an apartheid state is “laughable.” Elsewhere in the school, an art teacher, whose name is redacted from the complaint for matters of privacy, displayed anti-Israel artworks in his classroom, one of which showed a fist punching through a Star of David.

In October, California Gov. Gavin Newsom signed a law which requires the state to establish a new Office for Civil Rights for monitoring antisemitism in public schools at a time of rising anti-Jewish hatred across the US. As previously reported by The Algemeiner, the bill confronted Newsom, a Democrat rumored to be interested in running for US president in 2028, with a politically fraught decision, as it aims to limit the extent to which the state’s ideologically charged ethnic studies curricula, supported by progressives and many Democrats, may plant anti-Zionist viewpoints into the minds of the 5.8 million students educated in its public schools.

Newsom, who has since endorsed the false charge that Israel is an “apartheid” state, approved the measure amid these cross currents, paving the way for state officials to proceed with establishing an Antisemitism Prevention Coordinator, setting parameters within which the Israeli-Palestinian conflict may be equitably discussed, and potentially barring antisemitic materials from reaching the classroom.

Follow Dion J. Pierre @DionJPierre.

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