Uncategorized
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.
Uncategorized
What I learned from 180 pounds of Yiddish books, one ‘interesting and complicated’ Jewish man, and Jorge Luis Borges
I’ve never met Harris Saltzberg, but one day last summer, I went to his house to abduct 180 pounds of his Yiddish books. He lived in a sturdy brown-brick co-op in Chelsea. In the lobby, there was Roz Chastian aroma of long-simmered onions and mothballs, with a subtle undertone of feet.
I took the elevator to the eleventh floor. Once I’d infiltrated Harris’ apartment, I began to get a sense of his personality. From the posters on the kitchen walls, I deduced that Harris liked Van Gogh and Martha Graham. From his box of cassette tapes, I got a taste of his cultured, klezmer-forward musical palate: Puccini Famous Arias sat next to Miriam Kressyn’s Yiddish Folk Songs. Pavarotti and Marilyn Horne kept company with Sidor Belarsky and Jennie Goldstein.
Before I go further, I should clarify: I did not burglarize Harris’ house. I was there as a “zamlerin,” a volunteer collector and schlepper of Yiddish books for the Yiddish Book Center in Amherst, Mass. I joined the international legion, some 160-zamlers-strong, at the end of a summer internship at the Center two years ago. Since then, every few months or so, I get a call or an email from an older Jew. Some Yiddish books have fallen into their hands, or maybe the books have been in the family for a long time. We tend to meet at their houses. (Once, though, I met a guy at his synagogue and sat through a full service for the first time in Hashem-knows-how-long.)

Wherever we meet, the pass-off process always feels ceremonial, more like the adoption of a child than the transfer of objects. We schmooze a bisl in Yiddish, a bisl in English while we load up the books, stacking them inside cardboard boxes like a game of 3D tetris. Sometimes, like a Yiddish-speaking Neanderthal, I’ll sound out the title of a book, and my host will light up like an electric menorah, turn the book over, rub its spine up and down, and tell me all about it. This? Oh, that’s Di Yeshiva. See, you can even see Chaim Grade’s autograph on the inside flap. That? Oh, that’s the Yiddish Kalevala. Naturally.
But zamling for Harris was different from zamling for other people, because for one thing, Harris was dead. His niece told me that Harris’ close friend, Andy, would be there to help me pack up the books. Andy was waiting in the lobby when I got there. He was a tall and weathered man of Irish extraction, about 75. His hooded blue eyes and the smoke on his deep, gravelly voice gave me the impression that he’d seen a lot in his time, like a hardbitten reporter in a noir novel. Except, Andy clarified, he was actually in publishing.
He didn’t say much after that.
Harris’ Yiddish bookshelf was right by the front door, so while I did a preliminary inventory, ooing and cooing in a way that would have annoyed me if another person were doing it, Andy shuffled through Harris’ living room and kitchen, shifting his chairs, stacking his dishware, emptying his cabinets. Even with Harris gone for months, the apartment hadn’t lost the ascetic spareness that only monks and longtime bachelors seem capable of cultivating. Dust had already settled over the few wooden tables and shelves. The rugs looked frayed, and a thin white light seeped into the room from in between the vertical blinds. There was a bottle of Cinzano Rosso sitting on the kitchen counter, forever half-finished. It seemed like a place Bernard Malamud might have cooked up for a story about an erudite bachelor character.

But what sort of erudite bachelor, exactly? Before I’d come over, I’d found a few clues on the internet. A Facebook obituary from Camp Kinderland described Harris as “an interesting and complicated person,” adding that he was “often very funny, often thoughtful and generous and warm.” He sounded prickly-sweet, not unlike a jackfruit. I’d also found a LinkedIn profile for one Harris Saltzberg who described his job as “Observer of aging,” employed at “Life.” That sounded about right.
But it was the books that brought Harris into focus. On the shelf, I found at least three Yiddish textbooks. “Harris was insecure about his Yiddish,” Andy told me later, when we were lugging boxes to the lobby. But from the looks of it, he shouldn’t have been. He had the big names on his shelf — Y.L. Peretz, Mendele Mocher Sforim, Sholem Aleichem (who, by the way, is so abundant at the Yiddish Book Center that you can sometimes get a copy of his collected works for free). But Harris was hardcore. He was a proper Yiddish junkie; he’d bought books that would have been challenging to get through even in English, like Klassenkamfn in Altertum, Class Struggles in Antiquity, by a man named Kalman Marmor. He’d collected landsmanshaft periodicals from tiny Besarabbian shtetls, school almanacs from 1929, an instructional book on Yiddish stenography, song books, and one baffling, proto-woke rhyming tale about a white thug with notably sharp elbows (“sharfn elboygn”) who torments a Black boy with sad eyes (“troyerike oygen”).

Sometimes, I would find signs of a bygone reader— maybe Harris, maybe somebody else —scrawled on a book’s inside cover, or tucked away on a scrap of paper. “To Rivke with Love — May you two get well acquainted!” wrote Manya on Jan. 30, 1959. I found grocery lists, and one detailed pencil sketch of a dog. I found a scrap of paper where Harris had scrawled in cursive ciphers, “Tammy Baker,” “Uniforms,” and something that might have been “human want,” or maybe “human meat.”
I had never met Harris and never would. But even as I stuffed the boxes to busting, I felt reluctant to throw anything out. When somebody is alive, odd bobs like scratch paper are replaceable junk. But when somebody is gone, everything becomes evidence that they lived. Maybe that is why Harris saved all those periodicals from towns that could no longer be found on any map, advertisements for pamphlets of essays and satire by long-dead Jews in the Bronx, stenography manuals, children’s books. So long as even one witness to a fading world remained, that world wouldn’t truly be gone.
There is a story by Jorge Luis Borges called “The Witness,” or “El Testigo” that I have thought about several times since visiting Harris’ apartment. It is about the last pagan in England. As church bells ring, he lies dying in a stable in the shadow of a new stone church. This man is the last living person to remember worshipping the wooden idol of the pagan god Woden. “Before dawn he would be dead and with him would die, never to return, the last firsthand images of the pagan rites,” Borges writes. “The world would be poorer when this Saxon was no more.”
In the moment, though, I was not thinking much about books beyond how many of them I could cram into one box. As Andy and I hauled the book boxes down to an extremely patient Uber driver — six boxes total, around 30 pounds each — he told me how Harris had loved opera. He talked about his own two brothers, and about his upcoming trip to the motherland, Donegal, which he taught me to pronounce “Don-ee-GAL.” In the car to the UPS store, we kvetched about how hungry we were. At the curb, he helped me unload the boxes. Then he bent down and hugged me goodbye. I was sorry to see him go. I wondered if we would ever see each other again.
It’s been over a year since that day. Harris’ apartment probably belongs to someone else now, and as for the books, they are living a literally chilled-out retirement in the temperature-controlled vaults of the Yiddish Book Center. I wonder whose fingers will touch those pages next. And whose will be the last. After all, Borges muses, there is a last for everything. There was a day when the last eyes to see Christ closed forever. When the last man to have loved Helen of Troy died. When the last person to remember the Battle of Junín was buried. “Something, or an infinite number of things, dies in each death,” he writes. “What will die with me when I die?”
The post What I learned from 180 pounds of Yiddish books, one ‘interesting and complicated’ Jewish man, and Jorge Luis Borges appeared first on The Forward.
Uncategorized
With Marine Le Pen on the right and Defiant France on the left, French Jews face an impossible choice
Marine Le Pen is back. And once again, the French Republic and the democratic values it represents, has its back against the wall.
On Wednesday, the judges of a French appeals court reached something of a Solomonic decision. On the one hand, they confirmed the ruling of a lower court that Le Pen, for more than a decade, oversaw the funneling of several million euros, meant for her European Parliament staff, to her political party, the extreme-right National Rally. On the other hand, they shortened the length of her ineligibility to run for political office, thus allowing her to join the fray for next year’s presidential election.
Much can be said about the consequences of this decision. First, there is the stunningly brazen legal dimension. Just as Donald Trump was the first convicted felon to be elected president of the United States, Le Pen — who leads other announced candidates by at least 10% in opinion polls — stands a very good chance to be the first convicted felon, on far more serious charges than Trump’s, to become president of France. (Two earlier presidents of the Fifth Republic, Jacques Chirac and Nicolas Sarkozy, were also found guilty of embezzlement, but only after their presidential terms ended.)
No less significant are the political ramifications. Le Pen’s announcement that nothing will stop her from running in turn stopped Jordan Bardella, her young protégé and president of the National Rally, dead in his tracks. Dismissed as an empty, though always svelte and shiny suit, Bardella proved to be, to Le Pen’s growing discontent, more popular in opinion polls than his mentor. Poised to run in her stead, this young man in a hurry, and with neither practical experience nor university education, was suddenly benched.
It is too early to predict how this will play out. On Wednesday, in their first public appearance together since the court’s ruling, Bardella, standing a few steps behind Le Pen, looked less like a partner than a prop while she bathed in the crowd’s attention. Adding to the tension are policy differences that had begun to appear between Le Pen and Bardella, with the former hewing to her populist image and Bardella leaning towards the traditional right. Tellingly, Le Pen supports the recent rollback of the retirement age to 62, while Bardella seems, like others on the traditional right, to prefer raising the age as high as 67.
More important, Le Pen’s entry may well turn the 2027 election into a choice between equally dismal options. For months, Jean-Luc Mélenchon, the turbulent tribune of the extreme-left Defiant France, has portrayed himself as the one figure who can save the republic from Le Pen. In the latest IFOP poll, Mélenchon stands an even chance to finish in second place in the first round of the election. This will mean that for the two-thirds of French voters still allergic to Le Pen, they will have nowhere to go after the second round except to the leader of a party that has repeatedly flirted with antisemitism.
This brings us, finally, to the historical significance of this event. The National Rally is, of course, the party formerly known as the Front National. Equally obvious, the latter, founded by Marine’s father, Jean-Marie Le Pen, was a gaggle of goose-steppers, antisemites, and apologists for Vichy, the collaborationist regime which did its bit for the Final Solution. (By the time he died last year, Le Pen père, who coined the infamous line that the Final Solution was a “detail of history,” had racked up multiple guilty verdicts for Holocaust denial and inciting race hatred.)
Her father’s notorious verbal dérapages, or excesses, finally led his daughter, who had slapped a new coat of paint on the party by renaming it soon after her father gave her the keys, to banish her father from its fold. Undeniably, Le Pen’s relentless pursuit of a policy of “dédiabolisation” or “detoxification,” has largely rid the party of its Nazi-adjacent followers. (As part of this renovation, the more than one hundred National Front representatives who sit on the far-right in the National Assembly — by far the largest parliamentary party — always wear business attire. This makes for a striking contrast with their Defiant France colleagues, who tend to dress as my students do.)
But a bespoke suit does not mean one is not still beholden to racism. Le Pen and Bardella have labored to distance their party from its rancid and racist origin, most recently reflected in the latter’s controversial visit last year to Israel, where he spoke at a sparsely attended conference on antisemitism. (Many of the invitees, upon learning that Bardella would attend, snubbed the event.)
No less contentious was Le Pen’s decision for her party to join the march against antisemitism two years earlier in Paris, along with her vow that the National Rally would serve as the “bouclier,” or shield to protect French Jews. She did not say against whom her party would shield French Jews, but there was no need to: All of France understood who she meant. For her party, the Jew is no longer, if only for now, the dreaded other who threatens the unity and purity of the French people. The Arab or Muslim now fills that role. Hence the party’s insistent demand for a constitutional amendment for “la préférence nationale,” which would limit an array of social privileges to French citizens, as well as the consistent drumbeat of racist and xenophobic declarations on the part of its rank and file.
Apologists for Marshal Philippe Pétain, the leader of Vichy France, insisted that he too served as his nation’s shield against Nazi Germany. They conveniently forgot, of course, that this shield was used to separate French Jews from their non-Jewish compatriots. Between now and next year’s presidential election, the French will have time enough to reflect on the promise, or threat, of a party whose origins warn us against those who use shields to clobber those they decide do not belong to a nation.
The post With Marine Le Pen on the right and Defiant France on the left, French Jews face an impossible choice appeared first on The Forward.
Uncategorized
Graham Platner may be gone, but his Nazi tattoo is not fading away
(JTA) — Why did it take sexual assault allegations to collapse Graham Platner’s Maine Senate campaign when the Nazi-linked tattoo was there all along?
Progressive lawmakers, Jewish leaders and conservative commentators posed the question in dozens of exasperated iterations in the hours after Platner announced Wednesday evening that he would suspend his race amid allegations reported by Politico Monday that he had raped a former girlfriend.
“Graham Platner has dropped out of the Maine Senate race amid serious sexual assault allegations,” the CEO of the Anti-Defamation League, Jonathan Greenblatt, wrote in a post on X. “But leaders should not have needed another scandal to act. The Nazi tattoo should have been enough.”
Platner, who won his Democratic primary in June on an anti-Israel progressive platform, faced mounting calls to leave the race after the Politico story ran from Democratic groups and progressive leaders who had formerly supported him, including Vermont Sen. Bernie Sanders. (Platner has denied the allegations.)
But others argued that those backers should have pulled their endorsements months earlier after it surfaced in October that he had a chest tattoo of a Totenkopf, a Nazi-era skull-and-crossbones design favored by SS officers.
At the time, Platner claimed that he had gotten the tattoo while “inebriated” as a young adult when he was on shore leave from a tour of duty in Iraq, without knowing what it meant. A number of people who knew him before his political ascent, including at least one of the women who accused him of sexual misbehaviour, said he had been aware of the symbol’s provenance. When the revelations emerged, he covered up the skull with a Celtic knot.
His campaign had dismissed as irrelevant noise the backlash the tattoo revelation received, as well as criticism over allegations that he had deployed race and gender stereotypes in the past as irrelevant noise.
“I said, ‘None of this will or should stop him from becoming a U.S. senator,’” Daniel Moraff, a progressive strategist who had headhunted Platner, told The Wall Street Journal last month, before the Politico revelations, about Reddit posts that included homophobic and ableist epithets unearthed in the vetting process. The firm that vetted Platner did not uncover anything about his Nazi tattoo, Moraff said.
The tattoo didn’t seem to be a dealbreaker for voters, either, since he coasted to victory in the June primary after his primary opponent, Gov. Janet Mills, suspended her candidacy in late April, saying her campaign could not afford to continue.
Now the Maine Democratic Party is considering replacements for the disgraced candidate, but the question of why his backers ignored warning signs still looms.
Brian Romick, the president and CEO of the Democratic Majority for Israel, told JTA in a statement that he didn’t understand why progressives had supported “a candidate with so many obvious red flags, including an allegation of sexual assault and a Nazi tattoo.”
And Halie Soifer, the CEO of the Jewish Democratic Council of America, which did not endorse Platner, told the Forward ahead of Platner’s exit that “a lesson for Democrats is that we shouldn’t compromise.”
“There were red flags about Platner from the outset,” Soifer said. “They just continued to compound on each other as more stories came out. But the Nazi tattoo for us alone was one too many.”
On Tuesday, New Jersey Democratic Rep. Josh Gottheimer argued that warning signs had been apparent long before the latest allegation.
“I said it in June: Nothing about this guy was right. From the first abuse allegations to his Nazi tattoo, the red flags were there. His endorsers just chose to accept them,” Gottheimer wrote in a post on X.
New York State Sen. Julia Salazar, a Democratic Socialist, also argued that supporters had made a mistake by overlooking Platner’s tattoo.
“Sorry to the well-intentioned people who made the mistake of supporting this guy. But: having a Nazi tattoo doesn’t pass the sniff test for running for US Senate, nor did his excuses. And far worse that he faces a credible allegation of rape,” Salazar wrote in a post on X.
Jewish Republicans said the Democratic response to Platner’s campaign was too late.
“I didn’t support Graham Platner as soon [as] we all learned he’s a Nazi,” Republican Max Abrahms, a political scientist focusing on terrorism, wrote in a post on X. “For the Democratic Party his being a Nazi wasn’t disqualifying. They viewed it as an asset. Platner matters politically for what he says about mainstream Democrats.”
The Republican Jewish Coalition also took aim at Democratic leaders who had stood by Platner earlier in the race.
“American Jews will never forget that leading Democrats chose to stand with Graham Platner KNOWING FULL WELL THAT HE HAD A NAZI SS CONCENTRATION CAMP GUARD TATTOO,” the group wrote in a post on X. “There is only ONE party where American Jews can be proudly Jewish and loudly pro-Israel: @Republicans.”
This article originally appeared on JTA.org.
The post Graham Platner may be gone, but his Nazi tattoo is not fading away appeared first on The Forward.

