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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021. 

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 

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The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Sunkist Fruit Gems return after panic over loss of synagogue staple

(JTA) — Sunkist Fruit Gems, candies beloved for their throwable qualities at Jewish celebrations, will return after a brief panic over their discontinuation.

The sugar-coated gummies will be on shelves in early 2027 following an outpouring of “overwhelming support and enthusiasm shown by Sunkist Fruit Gems fans in recent days,” Sunkist confirmed to the Jewish Telegraphic Agency.

The company said it will collaborate with CandyRific, a Kentucky-based confectionery company, to continue the legacy of Sunkist Fruit Gems days after reports of the gummies’ demise.

The fruit gems tick crucial boxes for being hurled at bar and bat mitzvahs, wedding celebrations and other happy occasions: They are kosher, soft enough to avoid injuring celebrants and individually wrapped so they don’t get stuck on the floor.

Those attributes will be preserved in their relaunch. “Consumers can expect the same key product characteristics they know and love, including individually wrapped pieces, a soft texture, fruit flavors, and kosher certification,” Sunkist said.

EJewishPhilanthropy first reported Thursday that the fruit gems were being discontinued by Ferrara, a Chicago-based candy company, prompting memorial tributes in Jewish communities throughout the United States.

The fruit gems have been a staple at synagogues for generations. They were born from an overabundance of citrus in the 1930s, when the citrus harvester Sunkist transformed its surplus fruit into byproducts, according to a history published by the company. The candies evolved from Christopher’s Fruit Gems to take the Sunkist name in the 1960s.

Protests against their disappearance included an appeal in eJewishPhilanthropy penned by Sara Fredman Aeder, the executive vice president of programming at the Jewish Community Relations Council of New York, headlined “Save the Fruit Gems.”

Sunkist’s announcement on Instagram that the fruit gems were “not going anywhere” was met with grateful replies.

“I panic-bought in bulk for my wedding next year,” said one commenter on Instagram. “Now I feel foolish lol. But enjoying a bunch of very yummy gummies.”

This article originally appeared on JTA.org.

The post Sunkist Fruit Gems return after panic over loss of synagogue staple appeared first on The Forward.

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Mamdani rolls out NYC’s first plan for fighting antisemitism — without defining the term

Mayor Zohran Mamdani on Tuesday unveiled New York City’s first comprehensive strategy to combat antisemitism, promising millions of dollars for security, hate-crime prevention and Jewish education as antisemitic incidents rise.

But the 30-page plan leaves unresolved a central source of tension between Mamdani and much of the Jewish community: what counts as antisemitism and when anti-Zionism crosses that line. That question has followed Mamdani since his first day as mayor, when he revoked an executive order from former Mayor Eric Adams adopting the controversial International Holocaust Remembrance Alliance definition of antisemitism. The IHRA definition considers most forms of anti-Zionism as antisemitic.

The strategy does not adopt a formal definition of antisemitism and offers little clarity on how the administration views anti-Zionism.

“New York City can and will leverage all of the tools at its disposal to combat antisemitism effectively without needing to adopt a definition for this specific form of hate,” the document reads.

Phylisa Wisdom, who leads the Mayor’s Office to Combat Antisemitism and crafted the plan, told reporters the city is taking an approach similar to the Biden administration’s 2023 national antisemitism strategy, which drew from several competing definitions and frameworks rather than choosing one. Those include IHRA; the Nexus Document, which says criticism of Israel or opposition to Israeli government policy is not necessarily antisemitic; and the Jerusalem Declaration on Antisemitism, which offers a narrower definition.

Wisdom said the administration’s focus is less on settling that debate than on protecting Jewish New Yorkers regardless of their politics.

The Israel question

The question of how to define antisemitism has shaped the debate over pro-Palestinian protests at college campuses and outside synagogues, a persistent source of tension between Mamdani and Jewish organizations.

The strategy mentions the Oct. 7, 2023 Hamas attack on Israel and the war that followed as part of the rise in antisemitism, but does not directly link them. It points to a broader rise that began years earlier, including around the 2017 Unite the Right rally in Charlottesville and the 2018 Tree of Life synagogue shooting in Pittsburgh. Wisdom said antisemitism often spikes during conflicts involving Israel, as NYPD data showed after Oct. 7.

Mamdani has long sought to distinguish between his opposition to Israel and Zionism and his commitment to protecting Jewish New Yorkers. But he has repeatedly clashed with Jewish organizations and leaders over where anti-Zionist activism crosses the line into antisemitism. Those tensions intensified after a series of protests outside synagogues hosting events promoting real estate in Israel and the West Bank and his repeated accusations that Israel is committing genocide in Gaza. Some demonstrations have included chants calling for an “intifada” and other rhetoric Jewish leaders described as antisemitic and intimidating. Mamdani has condemned violence and expressions of support for terrorist organizations, but also defended the constitutional right to protest.

That prompted City Council Speaker Julie Menin to push legislation this past spring requiring the NYPD to develop a plan for establishing a buffer zone when demonstrations involve harassment, intimidation or physical threats. Mamdani, who had raised concerns about restricting protests, allowed the synagogue measure to become law without his signature.

The new antisemitism plan notes that neither the NYPD nor FBI considers protest outside a house of worship hateful or antisemitic, a position the Mamdani administration shares.

Menin told the Forward she had no input in developing the strategy. Wisdom said her office met with the City Council’s Jewish Caucus, of which Menin is a member. A spokesperson for Menin said the speaker was briefed Monday, a day before the plan was released.

What the plan includes: Security and prevention

The strategy comes as antisemitic incidents continue to move in the wrong direction. Recent NYPD statistics showed that in the first seven months of 2026, anti-Jewish incidents rose 8.5%, and 57% of the reported hate crimes in the city involved Jewish victims.

The new strategy attempts to tackle that problem through funding for security, education and cultural programs.

The Mamdani administration is putting $6.4 million into the Partners Against the Hate grant program that offers grants up to $10,000 for community-based initiatives. It is part of a $26 million investment Mamdani announced earlier this year for the Office for the Prevention of Hate Crimes. The Jewish Community Relations Council of New York will serve as the anchor organization in the program, working with grassroots groups on programs that include education, victim support, data collection and combating online hate.

Another $1 million will go toward a security program aimed particularly at smaller religious institutions and vulnerable nonprofits that may not qualify for larger federal security grants. The money could pay for stronger door locks, shatter-resistant glass and security wands.

And the administration is restarting an interagency Security Infrastructure Working Group that brings together the NYPD, Department of Transportation and other city agencies to help synagogues and Jewish cultural institutions assess threats and improve security.

City Hall also plans to work with public schools to expand eighth-grade visits to the Museum of Jewish Heritage and continue teaching students about Jewish American history through existing curriculum. The administration is also investing $2 million to complete the Queens Holocaust Memorial and $2.5 million in the Center for New Jewish Culture in Brooklyn.

An informational campaign on LinkNYC kiosks across the five boroughs will highlight the contributions of Jewish New Yorkers, modeled after a campaign created to combat anti-Asian hate following the COVID-19 pandemic.

Outreach to Jewish New Yorkers

The plan comes after months of outreach aimed at hearing from a Jewish community deeply divided over Mamdani and his views on Israel.

Wisdom said the office, which includes another two staffers, conducted a five-borough listening tour in homes, schools and community centers. Participants represented a wide range of religious observance and political views.

Mamdani has also increased his own outreach. In August, he met with a group of rabbis from several denominations for a discussion about Jewish safety and belonging. Some of those rabbis pressed him over his rhetoric on Israel. He has also met with Hasidic and Orthodox leaders and maintains close relationships with progressive Jewish organizations.

Phylisa Wisdom, head of the New York City Mayor’s Office to Combat Antisemitism, on May 18. Photo by Michael Appleton/Mayoral Photography Office

Wisdom said that concerns raised during those private conversations helped shape the final strategy.

But she acknowledged that those meetings have not erased the central disagreement.

Mamdani has repeatedly accused Israel of committing genocide in Gaza, produced a Nakba Day video commemorating the displacement of Palestinians during Israel’s founding in 1948, and called Israeli Prime Minister Benjamin Netanyahu a war criminal.

During his mayoral campaign, he pledged to have Netanyahu arrested if he came to New York under an International Criminal Court warrant, though his administration later acknowledged that the city does not have the authority to carry out such an arrest. Netanyahu, during his speech at the United Nations last week, accused Mamdani of spreading lies about Israel and contributing to an atmosphere in which Jews feel unsafe. Mamdani rejected that criticism and stood by his views on Gaza.

Wisdom said in a press briefing on Monday the administration recognizes that discussions over the Israeli-Palestinian conflict are part of the broader conversation about how Jewish New Yorkers experience safety in the city. But she said disagreement with the mayor on foreign policy should have no bearing on whether someone receives the protection of City Hall.

The administration rolled out the strategy on Tuesday with support from top city officials, several Jewish elected officials and liberal and progressive Jewish organizations, including the New York Jewish Agenda, Jewish Council for Public Affairs, Nexus Project, New Jewish Narrative, Jews For Racial & Economic Justice, Bend the Arc and J Street’s New York City chapter.

Jamie Beran, CEO of Bend the Arc, commended the decision not to enshrine a single definition, adding that doing so would be “unnecessary” and “a distraction from substantive policies.”

But the strategy did not meet the demands of the Anti-Defamation League, which had called for a “clear, formal definition of antisemitism the city actually uses.” ADL also asked that the plan ensure city contracts, pensions and procurements are kept “free of ideological boycotts.”

In a video announcing the strategy, the mayor said his conversations with Jewish New Yorkers over the past year repeatedly brought him back to the same concern of growing antisemitism. “This is not only unacceptable,” Mamdani said. “Today, we hold a responsibility to sustain and protect our Jewish neighbors.”

The post Mamdani rolls out NYC’s first plan for fighting antisemitism — without defining the term appeared first on The Forward.

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Evan Gershkovich’s prison memoir begins with a Soviet Jewish exodus

A few days after Russian security agents arrested Wall Street Journal reporter Evan Gershkovich on a trip in March 2023, his lawyers showed him a slip of paper with messages from home. He was being held alone, in what Russian prisons call “quarantine:” two weeks without a cellmate before joining the general population. His eyes went straight to the note from his mother.

Soon he would start getting kosher food, Ella Milman wrote, and then added: “If you come home with sidelocks, I’ll understand.”

It was a joke, and a very Jewish one. Gershkovich grew up in a secular family of Soviet émigrés, where being Jewish had more to do with family history and dark humor than with religious practice. His mother was ribbing him that a few weeks of kosher prison food might send him home looking like a yeshiva boy.

Sitting across from the investigator building his espionage case, Gershkovich grinned. His mother, he realized, still had her sense of humor, and that was exactly what he needed.

The kosher food wasn’t a joke. That night, with Passover days away, a local rabbi sent him stacks of matzo.

The scene appears in This Cursed Beautiful Land: A Russian-American Story, Gershkovich’s memoir of his arrest, his 16 months behind bars and his release in the most elaborate U.S.-Russia prisoner swap since the Cold War. The book was published Tuesday.

Most of the coverage is about the prison. But Jewish history runs through the book from its first pages. Gershkovich’s great-grandfather was arrested during Stalin’s purges and vanished. His mother was laughed out of a journalism school application once the clerk saw her passport. And when he moved to Moscow as a young reporter, a Russian coworker needled him with an old stereotype about Jews and money.

The family that left

Gershkovich was born in New Jersey in 1991, two months before the Soviet Union fell apart. His parents had come over in 1979. Thousands of Soviet Jews were leaving at the time, helped by a U.S. law that linked trade with Moscow to whether its citizens were allowed to emigrate.

His mother flew out of Leningrad with her mother and ended up in Detroit. His father’s family came from Odessa and settled in Brighton Beach, the Brooklyn neighborhood people call Little Odessa. In those years, his father later joked, Soviet Jews who ran into each other on the street skipped the hellos and just asked where the other was going.

For his father’s side, the decision was easy. Gershkovich’s great-grandfather was arrested in 1937, at the height of Stalin’s purges, and never seen again. His grandfather Mark spent years moving from city to city, afraid of being targeted next, and later dreaded the day his own son would be drafted into the Soviet army.

A Jew on paper

Gershkovich’s mother, Ella, was born in 1957, a few years after the “doctors’ plot,” a Stalin-era campaign that accused Jewish physicians of conspiring to kill Soviet leaders. One of the doctors caught up in it had been a neighbor in her family’s communal apartment.

Her father had wanted to name her Etya, after his late sister. Worried that an obviously Jewish name would draw attention, her mother pushed for Ella instead. It didn’t matter. The family name Milman gave her away, and Soviet passports listed each citizen’s ethnicity. Hers said “Jew.”

Ella dreamed of becoming a writer. When she applied to the journalism department at Leningrad State University, the woman taking her application glanced at her passport and laughed. She studied shipbuilding instead, listened to the Rolling Stones, and heard rumors that the Kremlin planned to deport Jews to Birobidzhan, a remote Soviet region near the Chinese border that had apparently been set up as a Jewish homeland.

When she finally emigrated to America at 22, she sewed a pair of gold earrings from her late father into her skirt’s waistband to get them past customs. Once the plane took off, she couldn’t stop laughing and crying.

A generation later, her son became the journalist she wasn’t allowed to be, and then a prisoner of the state that had turned her away.

Ella and her husand settled in Princeton, New Jersey, where Gershkovich and his sister spent Saturday mornings with a Russian tutor, and holidays meant trips to the Russian groceries and Uzbek grills of Brighton Beach. Gershkovich came to think of himself as Jewish-Russian-American. Russia’s war in Ukraine later forced him to ask why that label had never included Ukraine, given that his father’s family came from Odessa.

The empty chair

In 2017, Gershkovich moved to Moscow to report for The Moscow Times. On one of his first days, he asked a colleague when staff got paid. She laughed and told him his Odessan roots were showing, a jab about Jews and money that served as his introduction to Russian workplace culture.

On a later trip to Odessa, he visited a Jewish museum that displayed a 1953 Soviet propaganda article from the doctors’ plot era. It claimed that the Joint, the New York-based Jewish relief organization, was a front for American intelligence. Gershkovich recalls thinking that Moscow was getting paranoid again, while hoping things hadn’t gotten that bad. A few years later, Russia accused him of spying for the United States.

Gershkovich’s arrest came a week before Passover. That spring, many American Jews left an empty seat for him at their Seders, and activists later sent him letters for Rosh Hashanah. Both gestures deliberately echoed the movement to free Soviet Jewry, the same campaign that had helped free his parents. Natan Sharansky, the most famous Soviet Jewish dissident, who was himself released in a 1986 prisoner swap, advocated publicly for his release.

In July 2024, two weeks after a Russian court sentenced Gershkovich to 16 years in a maximum-security prison, he was freed in a prisoner exchange in Ankara, Turkey. Jewish groups celebrated, and the Orthodox Union posted the traditional blessing thanking God for freeing captives.

His great-grandfather was taken in 1937 and never came home. Eighty-seven years later, his great-grandson did.

The post Evan Gershkovich’s prison memoir begins with a Soviet Jewish exodus appeared first on The Forward.

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