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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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Democratic senators seek to remove US-Israel defense cooperation from spending bill
(JTA) — A group of 12 senators who are Democratic or caucus with the Democrats are lobbying against expanded defense cooperation between the United States and Israel, saying the Netanyahu government’s policies, particularly in Gaza and the West Bank, run counter to U.S. interests.
In a letter to congressional leadership and ranking committee members led by Sen. Chris Van Hollen of Maryland, the lawmakers argued that the 2027 National Defense Authorization Act, as currently written, would “further entrench concerning aspects of the U.S.-Israel defense and intelligence relationship at a time when the Israeli government’s actions are increasingly undermining U.S. interests and values.”
A section of the defense bill would require the secretary of defense to designate an “executive agent responsible for synchronizing cooperative efforts between the United States and Israel, including bilateral defense technology research, development, testing, evaluation, integration, and industrial cooperation.”
Such provisions “would constrain the Administration’s ability” to act independently and “threaten U.S. national security interests by handing Israel leverage over American weapons systems and military technology,” the democratic lawmakers warned, adding that the bill would also “create long-term dependencies by embedding Israeli technology into the U.S. defense industrial base that could make future policy changes costly or difficult to implement.”
The letter — which was signed by Democratic Sens. Elizabeth Warren of Massachusetts and Tammy Duckworth of Illinois and Independent Sen. Bernie Sanders of Vermont, among others — is the initiative of Van Hollen, who has emerged as one of Israel’s fiercest critics in Congress and recently called to “end the American taxpayer blank check to the government of Israel.”
His name has also been mentioned as a possible challenger to Schumer as Senate Majority Leader when the new Congress starts in early January.
The letter comes just over a week after President Donald Trump announced that the U.S. would halt billions of dollars in annual aid to Israel by the end of 2026, potentially ending decades of military funding for one of America’s closest allies in the Middle East.
The annual $3.8 billion sum is mostly spent in the U.S. to purchase weapon components or weapons systems manufactured in U.S. factories. U.S. Ambassador to Israel Mike Huckabee noted the spending has created jobs in the United States. A memorandum of understanding between the two countries calls for that level of aid to continue through 2028.
However, some U.S. critics have dismissed Trump’s statement as a dodge, noting that while there is growing support for cutting defense aid to Israel, there has also been a push among some lawmakers to more tightly integrate the two countries’ defense establishments.
To do this “would be unwise, especially as the Government of Israel continues to pursue policies in Gaza, the West Bank and other parts of the region that are inconsistent with U.S. interests and values,” the Democratic senators warned on Tuesday, arguing that Israeli Prime Minister Benjamin Netanyahu had “openly stated that such an initiative was his idea.”
“The intention behind this is clear: to move U.S. security assistance governed through more traditional pathways, like Foreign Military Financing and arm sales, to more opaque, less discernible avenues through defense acquisitions and programs of record that reduce transparency, as well as increase Israel’s leverage over the United States and our dependency on Israeli technology,” according to the letter..
J Street, the liberal Jewish Middle East advocacy group, thanked Van Hollen for his letter in a post on X, writing that there should be “no deepening of our military relationship with Israel unless they comply with the Gaza peace agreement, end settler violence and reverse their de facto annexation of the West Bank.”
J Street earlier this week declared that the U.S. “needs a fundamental reset of its approach to the Middle East,” which would end offensive arms sales “until it is confirmed that Israel is no longer violating U.S. laws and values.”
This article originally appeared on JTA.org.
The post Democratic senators seek to remove US-Israel defense cooperation from spending bill appeared first on The Forward.
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Non-Jews who follow Jewish law gather in Israel for first international Noahide congress
(JTA) — Gilbert Meñoza spent decades as a Christian pastor in the Philippines before his study of the Hebrew Bible led him to reject the New Testament and embrace the Noahide faith.
Meñoza said most of his followers had embraced his rejection of Christianity, although a small contingent deserted him after he began declaring that the New Testament was false and that “we no longer believe that Yeshua was the Messiah,” he said, using the Hebrew name for Jesus.
Last week, he joined dozens of fellow Noahides from around the world in Israel, part of a movement of non-Jews who follow Jewish religious teachings without converting to Judaism.
The gathering, billed as the First International Congress of Noahides, was organized by Brit Olam, or Noahide World Center, a Jerusalem-based organization that claims thousands of followers in more than 70 countries. Many study online or belong to small local communities, often with limited contact with other Noahides.
The five-day visit by more than 60 delegates from 22 countries included tours of biblical sites in the West Bank, a meeting with President Isaac Herzog and, in a nod to Theodor Herzl’s First Zionist Congress, the signing of a founding scroll of their own.
Unlike converts to Judaism, Noahides retain their non-Jewish identities while accepting the Hebrew Bible as a source of religious and moral guidance. Also known as B’nai Noah, the name Noahide is derived from the biblical account of God’s covenant with Noah following the flood. In Jewish tradition, that covenant established seven universal obligations, including the creation of a justice system and bans on murder, theft, idolatry, blasphemy, sexual immorality and consuming flesh taken from a living animal.
Many, like Meñoza, come from Christian backgrounds, although others have arrived at their beliefs through independent religious study.
Meñoza began studying with rabbis online several years ago, eventually completing a three-year religious leadership course alongside more than 20 members of his community. He now reaches a wider audience through radio and television broadcasts.
The congress sought to bring those communities together under a formal global structure. At a ceremony attended by Jerusalem Mayor Moshe Lion, delegates signed a Scroll of the Noahide Covenant, a Hebrew declaration of their commitment to the people of Israel and the Torah. Organizers also established an international court of rabbis from Brit Olam offering religious guidance to Noahide communities worldwide, and said in a statement that the congress “carries the blessings of Israel’s chief rabbis.”
For centuries, the Seven Laws of Noah remained largely a matter of Jewish religious teaching rather than an organized effort to reach non-Jews. But Rabbi Oury Cherki, president of Brit Olam, believes Israel’s establishment spurred the delivery of those teachings to a wider international audience. Cherki hopes the Jerusalem congress will do for Noahides what Herzl’s 1897 gathering in Basel did for Zionism: transform a shared set of beliefs and aspirations into an organized international movement.
“Zionism achieved the material liberation of the Jewish people,” Cherki said, arguing that the next frontier must include building “a healthy connection with the outside world.”
Steven Lee Rachel, from Montreal, said he didn’t come from a “hardcore” Christian background and that his family and friends have been overwhelmingly supportive of his decision to become a Noahide.
“Becoming a Noahide has changed my everyday life for the better in almost every way, in terms of my spiritual life, my personal life, career as well, in terms of how I’ve been able to use that identity to build relationships in different industries,” he said.
Three years ago, Rachel married fellow Noahide Camila Henriquez in a ceremony in Montreal co-officiated by Rabbi Yisroel Bernath, director of the local Chabad, and Aleeza Ben Shalom, the matchmaker featured in Netflix’s Jewish Matchmaking.
Ben Shalom said she formed a “beautiful connection” with the bride after meeting her. Co-officiating the ceremony fulfilled a longstanding ambition she had been unable to pursue at Orthodox Jewish weddings, which are officiated by male rabbis.
“It was a dream come true,” she said.
The couple exchanged vows beneath a chuppah, or wedding canopy, pledging to build their home according to the Seven Laws of Noah. They also signed a marriage contract and broke a glass. Ben Shalom said the overwhelming majority of guests were not Jewish.
“It was truly a kiddush Hashem,” she said, using the Hebrew term for sanctifying God’s name.
Bernath described the ceremony as highly unusual, saying he was unaware of any precedent for a rabbi officiating at a Noahide wedding.
Eliezer Vicente Yarid, a Cuban who now lives in the United States, spent years helping others reconnect with their Jewish ancestry in a country where religious life had long been restricted, but ultimately chose not to convert to Judaism himself.
Yarid said he was 11 when his grandfather first told him their family descended from Bnei Anusim, Jews who had been forced to convert to Christianity during the Spanish and Portuguese Inquisitions.
“I didn’t understand what he was saying to me,” he said.
But by his mid-teens, his family had begun observing Jewish religious practices at home. In 2000, he and his parents established a Bnei Anusim community to help others reconnect with their Jewish heritage. Yarid initially sought to convert himself and later helped arrange visits by a rabbinical court to Cuba, where some community members underwent conversion.
But when an opportunity to convert arose after his move to the U.S., Yarid decided against it, saying he felt it was unfair to push his family into it.
He now follows the Seven Laws of Noah with his wife and son, while continuing to maintain ties with communities in Cuba, where he said he had also taught Noahide principles to people who had not converted.
The congress offered delegates practical guidance on building Noahide communities and strengthening their ties with Israeli rabbis.
“Israel is the focus of the world’s attention, for better or worse,” Rabbi Chaim Goldberg, chief executive of Brit Olam, said in a statement. “Noahides see the children of Israel, the people of the Bible, coming back to life in the modern age.”
Meñoza hopes to establish permanent institutions and overcome challenges facing Noahides back home in the Philippines. His community, for example, is raising money to purchase land for a cemetery because local burial procedures, he said, have made it difficult to avoid embalming, which conflicts with Torah practices.
“We want the Noahide community in every city where we work to have its own land, its own building, and its own fellowship center, with a beit midrash where they can learn together,” he said, using the Hebrew term for a religious study hall.
This article originally appeared on JTA.org.
The post Non-Jews who follow Jewish law gather in Israel for first international Noahide congress appeared first on The Forward.
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This year’s Hanukkah books serve up golems, holiday magic and dinosaurs
(JTA) — From a mischievous clay golem to a ring-tailed lemur who refuses to taste a latke, this year’s crop of Hanukkah books offers something to delight young readers of all ages.
The new titles range from lighthearted tales of family celebrations to the poignant, timely story of the Jews of Mariupol, Ukraine and the miraculous survival of the city’s menorah. Families across the diverse Jewish spectrum will find something to enjoy.
“Applesauce on Top”
Lina Schwarz; illustrated by Yuko Jones
PJ Library; ages 6 months–2
In this sweet rhyming board book, a little boy and his grandmother cook latkes and applesauce, counting apples and potatoes as they get ready to celebrate Hanukkah with their family. This new title from PJ Library will be distributed to 1-year-olds.
“I Will NOT Eat Latkes!”
Martha Seif Simpson; illustrated by Lisa Hunt
Apples & Honey Press; ages 4–6
In this lighthearted story, two animal pals celebrate Hanukkah together. Nosh, a koala, tries to persuade Potchky, a ring-tailed lemur, to taste a fried latke. Potchky, in a nod to Dr. Seuss’s “Green Eggs and Ham,” refuses, declaring that he only likes potato chips. As the story unfolds, kids hear the story of Hanukkah and the brave Maccabees. Finally, Potchky finds his courage and takes a bite — and loves the latkes.
“Charley and Seymour’s Hanukkah Miracle”
Melody Howard Ritt; illustrated by Nia Gould
Kar-Ben Publishing; ages 4–8
In this fun-filled Hanukkah tale, best friends Charley Chipmunk and Seymour Squirrel love their tradition of celebrating Hanukkah together. Seymour fries the latkes and asks Charley to bring the menorah and candles. But uh-oh: Charley remembers the menorah but forgets the candles. His backpack overflows with all kinds of things that begin with the letter “c,” even cantaloupe. But no candles. Seymour comes to the rescue, using the oil from frying latkes to kindle the menorah — just like in the Hanukkah story. This delightful book is now available in paperback through PJ Library.
“Hanukkah Night at the Construction Site”
Sherri Mandell; illustrated by Viviana Garofoli
Apples & Honey Press; ages 2–3
Toddlers who love trucks will be gleeful when the Hanukkah truck rolls into town in this latest addition to the popular Construction Site series. The entourage includes a large tractor carrying a large clay menorah, a mixer and excavator that serve latkes, chocolate coins, fried jelly doughnuts and gifts, and even a band. The back pages list all the types of trucks.
“Hear Me Roar! I’m a HANUKKAHsaur”
Naomi Gruer; illustrated by Mel Zohar
Kalaniot Books; ages 4–7
Miles is a young dinosaur enthusiast. On the first night of Hanukkah, his family doesn’t have the party Miles had hoped for, but he’s excited to put on his bright green dinosaur costume and roar as loudly as he can. Each night, Miles the dinosaur tries to help celebrate Hanukkah. When things go wrong and he makes a mess in the kitchen or drops things, his family encourages him to try again. On the last night, to his delight, his family throws a big Hanukkah party, with latkes, storytelling and sufganiyot, and all his friends. Zohar’s illustrations portray a diverse, multicultural celebration, including a child in a wheelchair.
“Harriet Hubbard and the Sold Out Hanukkah”
Bonnie Grubman; illustrated by Noa Kelner
Kar-Ben Publishing; ages 2–8
In this zany rhyming adventure, feisty Harriet sets out to her local market to buy all the fixings for a Hanukkah party. But all the shelves are bare — no potatoes for latkes, no chocolate gelt and no sufganiyot. She goes home disappointed but eager to set her table with some dates and raisins. To her surprise, her diverse group of friends arrives bearing everything needed for a festive Hanukkah party, including latkes and sweets. They sing and dance under the glow of the Hanukkah menorah.
“Mrs. Claus’s Noodle Kugel”
Janie Emaus; illustrated by Bryan Langdo
Sky Pony Publishing; ages 3–8
Interfaith families will welcome this addition to their family’s library. Two friends, Anna and Michael, get a letter from Mrs. Claus saying that Santa loved their latkes last Hanukkah and asking them to send the recipe. But the two sets of grandfathers have a different idea, each urging their grandkids to cook the other grandfather’s recipe — one for noodle kugel and one for Italian fettuccine noodles. The magical Mrs. Claus arrives on the scene, creating mayhem in the kitchen, with noodles flying out of the pot and Yiddish expressions sprinkled throughout. A team of elves gets things in order, and the sweet noodle kugel is a success. Kids will laugh out loud.
“Golem, Golem, Golem: Or How Hanukkah Was Saved”
Richard Ho; illustrated by Carmel Ben Ami
Roaring Brook Press; ages 3–6
A young boy turns his clay dreidel into a clay golem, the ancient Jewish mythical figure who acts as the Jews’protector when it isn’t getting into trouble. This boy’s golem causes more good-natured mischief, making a mess and eating all the Hanukkah treats. But trouble strikes when the golem accidentally breaks the family’s beautiful menorah. In a magical turn of events, the golem finds a way to make things right — and disappears. The family celebrates under the glow of their menorah. Lively illustrations depict a multicultural family.
“The Miracle Menorah of Mariupol”
Nancy Churnin; illustrated by Marissa Moss
Creston Books LLC; ages 7–11
In this true, poignant story set in modern-day Ukraine, we learn that for years the Jews of Mariupol gathered outdoors around the synagogue’s glistening golden menorah to retell the story of Hanukkah and the miracle of the oil. In the spring of 2022, to everyone’s horror, the beloved tradition came to an end with the Russian invasion. Andrei, a brave young boy, discovered that while the synagogue was destroyed in the bombing, the menorah had miraculously survived. Andrei cleaned the soot off the menorah and contacted the rabbi, who was in Israel for medical treatment. With the rabbi’s encouragement, Andrei gathered the city’s Jews who had not fled. Together, they lit the menorah, sang the blessings and found a deeper meaning in the Hanukkah miracle. At the book’s end, Rabbi Mendel Cohen recalls the tragic events and expresses gratitude for the young boy’s courage.
“Sharing the Light: A Hanukkah Story”
Jodie Sadowsky; photography by Alejandra Martinez
Lovery, Inc. ages 1 and up
Wren and her younger brother Rory discover ways to celebrate Hanukkah together, despite some light-hearted sibling rivalry. They cook a family recipe for latkes and enjoy a festive holiday.
This article originally appeared on JTA.org.
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