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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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Cameron Kasky, Jewish Parkland shooting survivor, is running for Congress on platform to ‘stop funding genocide’

(JTA) — Cameron Kasky, the 25-year-old Jewish activist and school shooting survivor, has entered the race to represent one of the United States’ most Jewish congressional districts — on a platform that includes stopping Israel’s “genocide” in Gaza.

“We need leaders who aren’t going to coddle their billionaire donors, who won’t support a genocide and who aren’t going to settle for flaccid incrementalism,” Kasky said in the launch video posted on Tuesday for his campaign to represent New York City’s 12th Congressional District.

The video’s caption includes the three main points of his campaign: “Medicare for all. Stop funding genocide. Abolish ICE.”

While Kasky’s anti-Trump positions are likely to go over well with the district’s largely liberal populace, his stance that Israel is committing a genocide — and the apparent centrality of that stance to his campaign — could be an issue for constituents. The district includes the Upper West and East Sides of Manhattan, where many voters sided with the pro-Israel Andrew Cuomo over Zohran Mamdani in the city’s recent mayoral election, as well as Midtown Manhattan.

Kasky’s messaging may, however, speak more to young voters in the district. A New York Times/Siena poll from September found that 66% of New York City voters ages 18 to 29 found that Mamdani, an anti-Zionist, “best addressed the Israeli-Palestinian conflict” among the mayoral candidates.

A democratic socialist, Kasky was a vocal supporter of Mamdani throughout the mayoral election — and an aggressive critic of fellow Democrats who objected to the mayoral candidate’s anti-Israel stances.

“‘Vote blue no matter who unless it’s a Muslim who criticizes Israel’s extremist far right nationalist government’ is not ‘vote blue no matter who,’” he wrote in one tweet.

In another, he wrote that Democrats who refused to endorse him after the primary should “go get a consulting gig and stop disrespecting your own voter base.”

Kasky had teased entering the crowded race for months, ever since Rep. Jerry Nadler, Congress’ most senior Jewish member, announced he would not be running for reelection.

In that time, Kasky has also weighed in on the viability of Micah Lasher, the Jewish state Assembly member and former Nadler aide who launched his own campaign for the seat earlier in the fall.

Lasher is unable to “fight fascism” because of his “genocide denial and free speech attacks on students,” Kasky wrote, with a screenshot of a Lasher tweet from Oct. 28, 2023, that criticized what Lasher called the “awful use of the word ‘genocide’ by some westerners to describe Israel’s actions.” (As the war in Gaza neared its two-year mark this summer, a poll found that half of Americans believed Israel had committed genocide, a claim that Israel and the United States both reject.)

Kasky also reposted a poll according to which Brad Lander, Mamdani’s most prominent Jewish ally, would beat the moderate congressman Dan Goldman, who is Jewish and withheld an endorsement due to “some of the rhetoric coming from Mamdani.”

“Needless to say, I am looking forward to working with Brad Lander,” Kasky wrote.

Kasky is the co-host of the “For You Podcast” with Tim Miller, which attempts to “break down the politics of the TikTok generation,” for The Bulwark, a center-right, anti-Trump media company.

One of Kasky’s podcast guests over the summer is now his opponent: Jack Schlossberg.

Schlossberg, who is the grandson of President John F. Kennedy and has said he is “at least 100% half Jewish,” announced his own candidacy for the 12th Congressional District last week.

Kasky remarked on their podcast that many women in his life have crushes on Schlossberg — and Schlossberg replied that the two men have a similar appeal.

“I always say, when you go unhinged politics Jew, it’s hard to go back,” Kasky said.

Kasky was thrust into the national spotlight as a survivor of the Marjory Stoneman Douglas High School shooting in Parkland, Florida, in 2018. Together with other survivors, he led a march in Washington and spurred a national movement that is seen as crucial to the 2022 passage of the most significant federal gun control legislation in decades.

Kasky, a junior at the time of the shooting, is credited with having selecting the name and hashtag #NeverAgain — which has long been linked to Holocaust commemoration — for the student-led gun control campaign. (Another co-founder of Never Again MSD is David Hogg, who recently stepped down as the youngest-ever vice chair of the Democratic National Committee.)

Before the shooting, Kasky said he played Motel in a school production of “Fiddler on the Roof.” The quality of his performance was proof, he joked, that he was not a paid actor in the protests, as some conspiracy theorists accused.

Kasky attended Hebrew school growing up, which he referenced when speaking on MSNBC about the “No Kings” protests against Trump.

“This kind of reminded me of my education growing up — when you go to Hebrew school, you learn about fascism a little bit younger than the other kids,” he said. “And you find yourself asking, in the face of authoritarianism, in the face of seeing a genocide happen before the entire world, what would I do? How would I react?”

He moved to New York City to attend Columbia University, where he later dropped out, and lives in the 12th Congressional District that’s been described as a “crown jewel” of New York politics.

Now, Kasky is running on a progressive agenda that emphasizes fighting Trump and stopping U.S. military aid for Israel, referring to the country’s actions in Gaza in no uncertain terms as a “genocide” — a response which he says has been informed in part by his Jewish identity.

“I am always surprised when people ask me why I focus so much on Palestine,” he wrote. “Beyond my Jewish identity making me strongly opposed to genocide, I’m a school shooting survivor-turned-activist. I started my adult life demanding an end to American-made weapons slaughtering children.”

The post Cameron Kasky, Jewish Parkland shooting survivor, is running for Congress on platform to ‘stop funding genocide’ appeared first on The Forward.

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Democrats urge Senate to oppose Trump’s pick for antisemitism envoy ahead of confirmation hearing

(JTA) — On the eve of a long-delayed Senate confirmation hearing for President Donald Trump’s pick for antisemitism envoy, a group of House Democrats is urging senators to reject the nomination of Yehuda Kaploun, arguing that he lacks the judgment and moral authority the post requires.

In a letter obtained by the Jewish Telegraphic Agency and sent Tuesday to Sen. Jim Risch, the Idaho Republican who chairs the Senate Foreign Relations Committee, and Sen. Jeanne Shaheen, its top Democrat, the lawmakers call Kaploun’s nomination “partisan and controversial” and say his “comments and actions demonstrate a clear unfitness for this post.”

A total of 18 House Democrats signed the letter, including several Jewish lawmakers such as Jerrold Nadler, Jamie Raskin, Jan Schakowsky, Becca Balint and Steve Cohen.

The intervention is atypical: House members almost never publicly oppose sub-cabinet nominees, a category generally considered routine Senate business.

The committee is scheduled to hold a hearing on Kaploun’s nomination on Wednesday morning.

Trump tapped Kaploun in April to serve as the State Department’s Special Envoy to Monitor and Combat Antisemitism, an ambassador-level role focused on antisemitism abroad. The Senate did not move for months to schedule a hearing, leaving the position vacant even as administration officials warned about a spike in antisemitism.

Kaploun, a Hasidic rabbi, Miami-based businessman and longtime political operative close to Trump, would be the first Hasidic Jew to serve in the role if confirmed. In a May profile, JTA detailed how he rose from a Brooklyn yeshiva student and community activist affiliated with the Chabad movement to a prominent figure in Republican politics and a visible surrogate in Trump’s 2024 campaign.

The Democratic letter focuses first on Kaploun’s rhetoric about Trump’s political opponents. It cites a comment in which Kaploun said that after the Hamas attacks of Oct. 7, “Democrats refuse to even recognize the butchers of women and kidnappers of children as terrorists,” calling the statement “absurd, insulting, and malicious.” The lawmakers argue that the remark maligns Democratic members of the Foreign Relations Committee who condemned the attacks and raises questions about his ability to work across party lines.

In addition, the Democrats point to an event Kaploun organized during the 2024 campaign at which Trump said that if he were to lose the election, “the Jewish people would have a lot to do with a loss,” and spoke of a “Democrat curse” on Jews who vote for the party. The letter describes those remarks as antisemitic scapegoating and says Kaploun’s failure to publicly condemn them — or what the letter calls the administration’s hiring of “antisemites and Christian Nationalists” — should be a central topic of Wednesday’s hearing.

The lawmakers also cite JTA’s earlier reporting on dueling lawsuits in Miami-Dade County involving Kaploun and another member of his synagogue, which alleged threats and an extramarital affair. Court records show that judges issued restraining orders on both sides and that the case was settled in April, days before Trump announced the nomination. Kaploun has denied having an affair and has said, through an attorney, that he was drawn into a marital dispute that has now been resolved.

The letter closes by turning Kaploun’s own past standard for nominees back on him, quoting a 1993 submission he made to the Senate, in which he argued that nominees must be judged on “honor,” “fidelity to principle” and respect for civil rights. “By his own standards, Mr. Kaploun fails,” the lawmakers write, urging senators to vote no.

Their intervention comes as a broad coalition of Jewish organizations has pressed the Senate to move quickly to confirm an antisemitism envoy and a parallel ambassador-at-large for international religious freedom. In an August letter led by the Jewish Federations of North America, groups from across the Jewish communal spectrum urged Senate leaders to “swiftly” fill both roles, warning that “we dare not delay in filling these critical positions.”

Kaploun has previously said he is refraining from interviews until after his confirmation process, but he has publicly argued for the importance of rising above partisanship. In a May op-ed published by JTA and co-authored with the previous two antisemitism envoys, Elan Carr and Deborah Lipstadt, Kaploun wrote that “the fight against this terrible scourge… must be bipartisan and non-political.”

The post Democrats urge Senate to oppose Trump’s pick for antisemitism envoy ahead of confirmation hearing appeared first on The Forward.

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Maduro Accuses Zionists of Trying to Deliver Venezuela to ‘Devils’ as US Threatens Terror Designation

Venezuelan President Nicolas Maduro speaks during a march amid the disputed presidential election, in Caracas, Venezuela, Aug. 3, 2024. Photo: REUTERS/Maxwell Briceno

Venezuelan President Nicolás Maduro accused Zionists of trying to hand his country over to “devils,” as the United States ramped up military pressure and opposition leaders continued to voice support for action against his regime.

“There are those who want to hand this country over to the devils – you know who, right? The far-right Zionists want to hand this country over to the devils,” Maduro said on Saturday during a speech to local pro-government grassroots organizations.

“Who will prevail? The people of [King] David, the people of God, the people of [Simón] Bolívar, or the imperialist demons?” he continued. “We are the people of David against the Goliaths that we have already defeated in history. If God wills it, we will face them.”

The Venezuelan leader has a long history of blaming the Jewish state and Jewish communities for the country’s problems, even as opposition leaders continue to publicly voice support for Israel and denounce his regime.

Last year, Maduro blamed “international Zionism” for the large-scale anti-government protests that erupted across the country following the presidential elections, in which he claimed victory amid widespread claims of fraud.

He also called the Argentinian government “Nazi and Zionist” earlier this year, amid an ongoing dispute over the arrest of an Argentine military officer in Venezuela.

Maduro broke diplomatic relations with Argentina after President Javier Milei refused to recognize his reelection in July.

During his Saturday speech, the Venezuelan leader insisted that the country is a Christian nation and questioned why Americans would want to kill Christians, as he urged Washington to refrain from military escalation amid a US buildup in the Caribbean and strikes on alleged drug trafficking vessels.

“I place at the forefront of this battle our Lord Jesus Christ, to whom our homeland has been entrusted, the only king between heaven and Earth, Jesus of Nazareth, the young child and Palestinian martyr, Jesus of Nazareth,” Maduro said.

“I place Jesus of Nazareth as commander-in-chief of the battle for peace and the sovereignty of the Venezuelan people,” he continued. 

He also tried to appeal to the American people, urging them to say “no” to war and “yes” to peace.

Maduro’s latest remarks came just before the Trump administration on Sunday announced the decision to designate the Cartel de los Soles, which the Trump administration has accused Maduro of leading, as a foreign terrorist organization. The designation could open the door to strikes on Maduro’s assets and infrastructure inside Venezuela.

“Based in Venezuela, the Cartel de los Soles is headed by Nicolás Maduro and other high-ranking individuals of the illegitimate Maduro regime who have corrupted Venezuela’s military, intelligence, legislature, and judiciary,” the US State Department said in a statement, noting the designation will take effect next week, on Nov. 24.

“Neither Maduro nor his cronies represent Venezuela’s legitimate government. Cartel de los Soles by and with other designated [foreign terrorist organizations] including Tren de Aragua and the Sinaloa Cartel are responsible for terrorist violence throughout our hemisphere as well as for trafficking drugs into the United States and Europe,” the statement continued. “The United States will continue using all available tools to protect our national security interests and deny funding and resources to narco-terrorists.”

Congress has seven days to review the decision after being notified, and “in the absence of congressional action to block the designation,” it will take effect, according to the State Department.

US President Donald Trump said on Sunday that, while he doesn’t believe the administration needs congressional authorization for potential military strikes inside Venezuela, he would like to keep lawmakers informed.

“We like to keep Congress involved. I mean, we’re stopping drug dealers and drugs from coming into our country,” he said. “We don’t have to get their approval. But I think letting them know is good.”

As part of a campaign targeting drug trafficking and “narco-terrorist” networks near Venezuela, Washington has significantly ramped up pressure on Maduro’s regime, deploying bombers, warships, and Marines across the Caribbean.

In recent weeks, Trump has ordered at least 21 strikes on boats believed to be carrying narcotics and has built up thousands of troops in the region.

Last month, US Defense Secretary Pete Hegseth announced the creation of a new counter-narcotics Joint Task Force, saying it was established “to crush the cartels, stop the poison, and keep America safe.”

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