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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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After New York stabbing, Netanyahu says Mamdani is making Jews less safe

Israeli Prime Minister Benjamin Netanyahu accused New York City Mayor Zohran Mamdani of “fomenting” hate and making Jews less safe through his fierce criticism of Israel. Netanyahu suggested the mayor’s rhetoric on the Gaza war contributed to the climate that led to Thursday’s stabbing of an Orthodox man outside a Manhattan synagogue.

“I don’t think it’s accidental that after he made this hate speech against Israel and against me, the next day a Jew is stabbed coming out of a synagogue,” Netanyahu said Sunday morning on Fox News.

Authorities said the suspect, Jose Morales, 51, allegedly yelled “Allahu Akbar” as he stabbed an Asian man in the back with a knife and an Orthodox man in the torso with a screwdriver before being subdued and arrested. Morales was arraigned Friday on several hate crime charges and was held without bail. Both victims were hospitalized and are expected to recover.

Investigators have not publicly linked the suspect’s motives to the mayor’s comments in a video address last week conceding he did not have the authority to arrest Netanyahu when he visits the city for the United Nations General Assembly in September, while also calling Netanyahu a war criminal and accusing him of orchestrating a genocide. Mamdani encouraged New Yorkers to protest instead.

The controversy has also been fueled by reports that members of Mamdani’s inner circle believed long before the legal review was completed that the city lacked the authority to arrest Netanyahu. Despite that, Mamdani proceeded with the review and used a mayoral address to announce the legal conclusion while renewing his criticism of the war in Gaza. Critics say the episode was a calculated political move aimed at energizing the pro-Palestinian and progressive base that helped elect him. The speech drew more than 200 million views across social media.

Speaking outside the Manhattan synagogue on Friday, Jewish leaders and some prominent rabbis expressed concern that the comments risked endangering Jewish New Yorkers, the largest concentration of Jews in the United States.

Netanyahu escalated his feud with Mamdani by directly linking the mayor’s embrace of the International Criminal Court’s case against him to the rise in antisemitism. “I speak to Jewish Americans in New York, and they’re afraid right now,” Netanyahu said. “I speak to quite a lot of my friends, and they say, ‘Look, it’s like a different world. We’re afraid to go into the streets. We certainly do not want to wear yarmulkes or any clothing that would give away that we’re Jews.’”

The Israeli leader further accused Mamdani of “basically supporting” Hamas, despite the mayor describing the Oct. 7, 2023, attack on Israel as a “horrific war crime” that should be opposed “with every single fiber of our being.” Asked on Thursday whether he considers the Hamas massacre a genocide, Mamdani stopped short of using that term.

“The genocide charge belongs to our enemies,” Netanyahu said in the Sunday interview. “What we are doing is try to fight this genocidal terrorist organization that embeds itself among civilians.”

The latest clash shows how the war in Gaza has become one of the biggest political issues of Mamdani’s administration. His outspoken criticism of Israel has won support from progressives but has also deepened tensions with many Jewish leaders, who say his rhetoric has made an already difficult climate even worse. In an interview on Thursday, Mamdani suggested that New Yorkers “have been aghast at this genocide over the last few years, and not only the continued denial of that genocide but also the fact that it continues itself.”

A recent Associated Press survey conducted before Mamdani’s recent comments found that Mamdani, who won just 26% of the Jewish vote in last year’s mayoral election, is viewed more favorably by American Jews than Netanyahu, who is facing a tough reelection in October.

Netanyahu is expected to visit Washington, D.C., on Monday for a meeting with President Donald Trump and attend the funeral of Sen. Lindsey Graham, a close political ally.

Despite acknowledging he cannot arrest Netanyahu, Mamdani has vowed to continue speaking out against the Israeli leader ahead of his expected appearance at the United Nations this fall. Netanyahu said Sunday that he still intends to travel to New York “to speak the truth” and defend Israel before the international body.

The post After New York stabbing, Netanyahu says Mamdani is making Jews less safe appeared first on The Forward.

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Israel’s shameful West Bank front

Two mosques burned in the West Bank on Sunday.

One, in the village of Qusra south of Nablus, was torched and defaced with graffiti reading “Revenge for Benayahu,” referring to Benayahu Mellet, who was killed in the deadly clashes near the village of Tel two days earlier. Another mosque, in the village of Kur, was also set ablaze. Cars were burned. Fields were set on fire. Elsewhere, according to witnesses, extremist settlers blocked a major road, attacked Palestinian motorists, and allegedly did so in full view of Israeli security forces. No arrests were reported.

In the incident on Friday, villagers had confronted armed settlers who had entered the village in a provocation, triggering a gun battle that left two Israelis and four Palestinians dead. The clash was the latest in an escalating wave of settler-Palestinian violence that has killed dozens of Palestinians and wounded hundreds this year, according to the United Nations and the Palestinian Authority — and not denied by Israel.

The images should horrify every Israeli and Jew. Not because they will generate another round of hostile headlines abroad, though they certainly will. Not because Hamas or Iran will exploit them for propaganda, though they will. They should horrify Israelis because they reveal a sickness that has been growing inside the Jewish state for years — one that the Netanyahu government has failed to confront, and some would say abetted.

For all the disasters that have befallen Israel in recent years, few have been as shameful as the tolerance of violent Jewish extremism in the West Bank. This is no longer a matter of isolated “price tag” attacks or a handful of hooligans. It has become a persistent phenomenon that includes the burning of places of worship, attacks on civilians, destruction of homes and farmland, vigilante raids into Palestinian villages, and organized acts of intimidation designed to terrorize entire communities. Sometimes it results in deaths, almost always in material damage, and without exception in reputational damage. Whatever political cause its perpetrators imagine they are serving, they are inflicting immense damage on Israel itself.

Two arrests were reported by Israeli police for the latest widespread mayhem – far from a crackdown; if past is prologue, those detained will soon be released. There have been no known convictions for the murder of Palestinians by radical settlers; a security apparatus that knew the exact location of Iranian leaders could not, apparently, find the perpetrators.

This is a moral failure and a national security disaster. At the very moment Israel is preparing for the possibility of renewed confrontation with Iran, remains engaged against Hamas, and continues to try to deter Hezbollah, it is simultaneously forced to contend with Jewish extremists opening yet another front. Every burned mosque, every unauthorized raid into a Palestinian village, every revenge attack requires soldiers, commanders, intelligence assets, and police resources. Every incident inflames the West Bank precisely when Israel can least afford another arena of instability.

The latest violence illustrates the pattern. And every burned mosque and vigilante actions helps Hamas and strengthens Iranian propaganda. Every assault on innocent Palestinians makes Israel’s diplomatic task immeasurably harder. Israel’s enemies could scarcely invent a more effective narrative than the one Jewish extremists hand them themselves.

Israel’s security establishment understands this better than anyone.

Reserve Major General Gadi Shamni, who commanded the IDF’s Central Command and served as the army’s top officer in the West Bank, warned on Israel Radio that the military has too often looked the other way while influential members of the government have effectively encouraged the radical fringe.

Shamni also described what he sees as the strategic vision animating the most extreme elements of the settler movement: gradually forcing Palestinians into disconnected islands of “Area A” autonomous zones while emptying much of the rest of the West Bank in preparation for eventual annexation.

If that assessment is correct, it represents one of the most cynical political projects imaginable.

Apart from its profound moral implications, it would guarantee perpetual conflict. It would invite international isolation, deepen Israel’s demographic and diplomatic dilemmas, and condemn another generation of Israelis to policing an endless insurgency. It is a blueprint for permanent instability.

Defenders of the government cry foul when settlers are criticized, claiming that the vast majority of them reject violence and are not responsible for the crimes committed by a handful of extremists. This is a misleading presentation.

Sure, most of the half million “settlers” are living in communities close to the pre-1967 border which Israel expects to receive in border swaps as part of any future two-state deal. But the 20% or so living well beyond the “security fence” line, deep inside the West Bank, are another matter.

Many of them are deeply committed ideologues who, in the best-case scenario, envision a future of permanent subjugation of the Palestinians. Moreover, those who dream of the Palestinians leaving altogether, one way or another, are not a handful, as I know very well from countless off-the-record conversations. And the radicals who commit actual crimes are quietly backed by a massive infrastructure that is run by radical Cabinet ministers with real political power. So the violent fringe has acquired influence wildly disproportionate to its numbers — and is serving a vile cause with real support.

That influence is visible not only in the attacks themselves but also in the willingness of prominent politicians to minimize them, excuse them, or rally publicly behind individuals accused of serious violence against Palestinians. Such gestures send a devastating message: that political loyalty may matter more than the rule of law.

It is a tragic indication of the foresight of the late Israeli philosopher Yishayahu Leibowitz, who warned over a half century ago that the occupation will eat away at Israel’s decency and democratic character.

The ideological ancestry of much of this movement leads back to Rabbi Meir Kahane, whose Kach movement was eventually banned from the Knesset because of its openly racist platform. Even former Prime Minister Yitzhak Shamir — a career Likud politician, former underground fighter, and hardly a man of the political left — refused to remain in the Knesset chamber while Kahane spoke.

How far Israel has fallen that ideas once considered beyond the pale increasingly receive sympathy, protection or political indulgence.

The irony is, of course, that those who proclaim themselves the fiercest defenders of Israel are among those inflicting some of its deepest wounds. They weaken Israel’s international standing, strengthen its enemies, undermine society’s resolve, force young Israeli soldiers into impossible situations and stain Judaism itself.

The burned mosques of Qusra and Kur are another indication of what is at stake in the Oct. 27 election. If the opposition comes to power, this will not be tolerated any more.

The post Israel’s shameful West Bank front appeared first on The Forward.

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Troy Jackson wins Maine Democratic Senate nomination, keeps mum on Israel, AIPAC

(JTA) — BANGOR, Maine – Troy Jackson accepted the Democratic nomination for Maine’s U.S. Senate race on Saturday with no mention of Israel, sidestepping an issue that has become a focal point for many Maine Jews as they assess the party’s new standard-bearer.

Jackson secured the nomination in a landslide 566 to 5 vote by delegates at the nominating convention. Saundra Pelletier, the only remaining challenger after the rest of the field dropped out in the days leading up to the gathering, picked up the handful of votes that didn’t go to the winner.

While Jackson took several shots during his acceptance address at Sen. Susan Collins, the incumbent Republican he will now face in the general election, it was Pelletier who used her remarks to specifically malign Collins’ voting record on Israel.

“She voted to increase federal funding in defensive arms for Iran, and did not vote to take moderate measures to hold Netanyahu accountable,” Pelletier said, receiving a chorus from the crowd.

 

 

The victory for Jackson came after the state’s former Democratic nominee, Graham Platner, a staunch Israel critic, left the race earlier this month amid a sexual assault allegation, which he has denied. The resulting scramble to replace him upended the Democratic primary and prompted fresh scrutiny from Jewish Mainers of Jackson’s recent evolution on Israel.

Jackson, a former state lawmaker and union advocate, had previously said little publicly about the Israeli-Palestinian conflict during his two-decade career in state legislature. However, during the race to replace Platner, he has embraced the term “genocide” to describe Israel’s war in Gaza and called for an end to U.S. military aid to Israel on his campaign website, both positions championed by Platner before his exit. Jackson also has said he wouldn’t accept any funding from AIPAC.

But on Saturday, as a sea of supporters sporting his campaign’s blue and yellow “Troy Jackson” t-shirts cheered their new nominee, Jackson omitted any mention of Israel from his remarks. Instead, Jackson reaffirmed his commitments to passing Medicare for all, supporting union rights and restoring abortion rights nationwide, among other issues.

During his address following the decisive victory, Jackson also offered a message to Maine voters who remain on the fence:

“Whether you supported me from the beginning, supported another candidate, or are still deciding what you think of this fifth-generation logger from Allagash,” Jackson said. “I’ve always known this, that your trust has to be earned, and so I want you to hear this directly from me. There is a place in this campaign for all of you. There is work for you in this movement, and I will spend every day, now through November, earning that trust because today we turn the page.”

Amy Fried, a professor emerita of political science at the University of Maine who attended Saturday’s conference as an alternate delegate but did not cast a ballot, said that while she believed Jackson had addressed Israel in the lead-up to Saturday because “a lot of people are interested in the topic,” his speech reflected the issues he had been “concerned about his whole political career.”

“Obviously, he’d have to take votes on foreign policy and funding when he’s in the Senate,” Fried said. “But I think that his main interest is always in issues that have to do with housing and healthcare, you know, all of the matters that are sort of more day-to-day kitchen table issues.”

While Jackson avoided revisiting his recent stances on Israel, which have raised concern among some Jewish voters in Maine, about a dozen pro-Palestinian protesters rallied outside the convention hall in support of his candidacy.

“It’s a really positive step that you have nominated Troy Jackson,” one protester shouted through a megaphone. “I think he’s going to be a strong voice for the kind of values that I believe in and the people of Palestine, the children of Iran, and all the other places the U.S. bombed.”

Ronna Lugosch, a 71-year-old Jewish grandmother and delegate from Round Pond, Maine, said that she was “more excited now than I was before” about Jackson’s candidacy.

Lugosch, who supports Jackson’s stances on Israel, said she hadn’t noticed he had left the topic out of his remarks. “Unfortunately, it’s a sensitive topic, so that’s my guess that maybe he didn’t bring that up because it was just too much,” Lugosch said. “You know, he was being careful.”

Still, Lugosch said that she was “really impressed with all his comments about working people and organizing.”

“I’m going to campaign for him because we need to get rid of Susan Collins,” Lugosch said. “Before it was more of a sort of a defensive stance, but now I’m supportive, and so I feel better about going out into the community.”

This article originally appeared on JTA.org.

The post Troy Jackson wins Maine Democratic Senate nomination, keeps mum on Israel, AIPAC appeared first on The Forward.

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