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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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Toronto Jewish Community Shaken After 3 Synagogue Shootings in Less Than a Week

People attend Canada’s Rally for the Jewish People at Parliament Hill in Ottawa, Ontario, in December 2023. Photo: Shawn Goldberg via Reuters Connect

Two synagogues in Toronto were targeted by gunfire overnight on Friday, marking the third shooting targeting Jewish institutions in less than a week and intensifying fears of a rapidly deteriorating security climate for Jews and Israelis across Canada.

Local police confirmed that the two synagogues — the Shaarei Shomayim synagogue in North York and the Beth Avraham Yoseph of Toronto (BAYT) synagogue in Thornhill, both in Ontario’s Greater Toronto Area — suffered gunfire attacks, with multiple bullet holes found in their front windows and exterior walls.

The incidents came just four days after another attack in Toronto, in which a Jewish-owned restaurant and a local synagogue were also hit by gunfire.

Canadian authorities assured the public that they are investigating the incidents and examining any potential links, but no suspects have been identified at this time.

On Sunday, the local Jewish community gathered to confront this relentless wave of antisemitic attacks, standing in solidarity, raising awareness of the growing threats, and calling for meaningful protections for their safety and places of worship.

During a news conference outside the Shaarei Shomayim Synagogue, Sara Lefton, chief development officer of the United Jewish Appeal Federation of Greater Toronto, described last week’s attacks as shocking yet not surprising, highlighting the escalating wave of antisemitic violence sweeping Canada.

“We are shaken to our core at this moment,” Lefton said. “It’s beyond anything that we could have imagined.”

She called on “every part of Canadian society” to take action against discrimination toward Jews and Israelis, stressing that government officials must coordinate with concrete commitments and funding to ensure the community feels safe and protected.

“It’s not enough to say our thoughts and prayers are with the Jewish community. This is not a Jewish issue; this is a Canadian issue,” Lefton said.

Toronto-born Israeli Deputy Foreign Minister Sharren Haskel also condemned the shootings, describing them as “antisemitic terrorism.”

“Anti-Jewish terror is a result of a global failure to confront antisemitism and the hatred directed at the Jewish people,” the Israeli diplomat wrote in a post on X. 

Israel’s ambassador to Canada, Iddo Moed, urged Ottawa to take strong action to hold those responsible accountable and to strengthen security measures for Jewish institutions nationwide.

“The safety of Canada’s Jewish community must remain a national priority and a collective responsibility,” Moed said in a statement.

Toronto Deputy Mayor Mike Colle pointed out that he has been pressing both provincial and federal governments over the past three years to establish a task force specifically aimed at fighting antisemitism.

“[Local law enforcement] cannot do this alone. This is not a local police matter,” Colle said. “It’s not good enough to make speeches or propose laws now.”

Yet his initiatives stand in sharp contrast to Mayor Olivia Chow’s history of openly anti-Israel statements and positions. In November, several Canadian Jewish groups called on her to apologize and even resign for publicly calling Israel’s war against Hamas terrorists in the Gaza Strip a “genocide” 

Like most countries across the Western world, Canada has seen a rise in antisemitic incidents over the last two years, in the wake of the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.

Canadian Jews have been hit by a wave of antisemitic incidents, with at least 32 reported across five provinces in just the first week of January this year, according to data collected by the Jewish advocacy group B’nai Brith.

“Antisemitism in Canada is now accelerating at an increasing rate, spreading across provinces, platforms, and public spaces. That is a warning signal, and it demands more than piecemeal reactions,” the group wrote in a letter urging Prime Minister Mark Carney to create a Royal Commission that would explore the problem and draft policy proposals for solving it.

In one of the latest antisemitic incidents, a kosher restaurant and a neighboring business in Montreal, the largest city in the province of Quebec, were vandalized last week, with antisemitic graffiti and swastikas spray-painted across their walls.

In another troubling antisemitic incident, a 15-year-old Jewish student in Halifax, the capital of Nova Scotia, has been forced to continue his education online after his school failed to stop repeated antisemitic harassment and bullying.

According to B’nai Brith’s latest audit released last year, antisemitic incidents in 2024 rose 7.4 percent from 2023, with 6,219 adding up to the highest total recorded since it began tracking such data in 1982. 

Seventeen incidents occurred on average every day, while online antisemitism exploded a harrowing 161 percent since 2022. As standalone provinces, Quebec and Alberta saw the largest percentage increases, by 215 percent and 160 percent, respectively.

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Walter Benjamin knew what Timothée Chalamet meant about opera and ballet

When production shots of Timothée Chalamet in Marty Supreme first graced the internet, one wag, taking note of the glasses, mustache and sweater vest, had an alternate project in mind.

“First look at Timothée Chalamet on SPIRITU MUNDI,” the post went, “a Walter Benjamin biopic focusing on his personal entanglements with other notable figures.”

The resemblance was there, but after an 11th-hour scandal in the leadup to Chalamet’s could-be Oscar win, it could be more than skin deep. The remark that got Chalamet in trouble came during a CNN and Variety-hosted conversation between the Dune star and pensive Lincoln pitchman Matthew McConaughey.

“I don’t want to be working in ballet or opera or things where it’s like ‘keep this thing alive’ when nobody cares about this anymore,” Chalamet said before kinda (sorta) backtracking.

The reprisals from the fine arts were swift. The Seattle Opera introduced the promo code “TIMOTHEE” for discounted seats to their production of Carmen. Ballet dancers called him out on the gram. But Chalamet’s comments, even without accounting for his own family’s connection to the New York City Ballet, are more nuanced in context. And that brings us back to Benjamin.

Chalamet was discussing the need to keep the cinema experience alive, and offered that Generation Z may be the future, citing an article that they now outnumber millennial moviegoers. What he may have meant to convey, though he couldn’t quite articulate it, was the utility of film as a populist art form, as opposed to the mediums of ballet and opera, which have a higher barrier to entry.

In Benjamin’s 1935 essay The Work of Art in the Age of Mechanical Reproduction, he makes the argument that film in particular excels at something works like paintings can’t do: “Meet the beholder or listener in his own particular situation.”

With film being accessible, not ephemeral or reduced to a singular, rarefied artifact with a cult-like “aura,” the result is a “tremendous shattering of tradition which is the obverse of the contemporary crisis and renewal of mankind.”

Benjamin thought that when the ritualistic was stripped from a work of art, it could be used for political ends. Filmgoing was part of a progressive mass movement and led to “apperception,” synthesizing new ideas and experiences into existing ones, via distraction (zerstreuung in the German). It was, to him, with its reliance on montage, an ideal vehicle for a fractured age.

It’s interesting to consider this theory in an era of smartphones and at-home streaming. These are the newest incarnations of mass availability. In a sense, Chalamet’s argument is retrograde, wanting to preserve something outmoded and at risk of the same obsolescence as ballet and opera (recall how the Met Opera, just east of Chalamet’s old stomping grounds at LaGuardia High, has proposed selling its Chagalls to stay liquid; meanwhile they beam their offerings to movie theaters).

The nature of cinema has shifted, and the present cultic significance of an IMAX 70 mm run of something like Oppenheimer would seem to capture a new aura Benjamin didn’t anticipate. But then, Benjamin was a man of contradictions himself. He was sad at the loss of aura even as he celebrated the possibility of photography and film and had his own widest reach on the radio.

The Zoomers Chalamet is speaking of include the kids who dressed up in suits in a phenomenon called “Gentleminions” to see a screening of a Despicable Me spinoff film. They and the legions who came to The Minecraft Movie to scream at the phrase “chicken jockey” could rightly be said to be acting ritualistically, but it is of course collective, and the beleaguered movie theater employees who had to sweep up the deluge of popcorn could tell you these audiences were almost certainly distracted.

“The film makes the cult value recede into the background not only by putting the public in the position of the critic, but also by the fact that at the movies this position requires no attention,” Benjamin wrote.

I should note that Chalamet got onto his opera and ballet tangent to begin with after McConaughey asked him if audiences today have a more limited attention span.

Chalamet seemed to bring up the surge in Gen Z attendance as a counterpoint, but the two are hardly mutually exclusive. You can still go to the movies and be, what Benjamin called, “an examiner, but an absent-minded one.”

Certainly this absent-mindedness is possible at the ballet and the opera — I direct you to the program origami from Citizen Kane. Benjamin was discussing static paintings like Picassos, and nothing so Dionysian as those live mediums. But they are not mass-produced and are more inaccessible now than in 1935, when they were still popular entertainment.

Film continues to have the ultimate edge in an age of distraction, both for creating something communal and prompting movement forward. It’s by now no means the most popular way to get a message out into the world, but the very uproar at Chalamet’s comments are a proof that film still matters.

As The New York Times’ dance critic Gia Kourlas acknowledged, “If a dancer said that a film didn’t matter, it would be like a tree falling in the woods.”

But enough of all this fuss. Give us the Chalamet Benjamin biopic, and let that angel of history be the new “chicken jockey.”

The post Walter Benjamin knew what Timothée Chalamet meant about opera and ballet appeared first on The Forward.

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For the ‘Jazz Rabbi’ of Connecticut, music and Judaism are both about tradition and improvisation

Greg Wall, who has juggled a career as a professional jazz musician while holding down a day job as a pulpit rabbi, has long been known as The Jazz Rabbi. Though he has retired from his job at the Beit Chaverim Synagogue in Westport, Conn., where he served as full-time rabbi for 10 years, he’s still at the synagogue seven days a week.

“Jazz is really a model of how to put your own spin on an inherited tradition,” Wall told me. “And that’s what the practice of Judaism has been for me. I’m part of the tradition, yet I’m trying to come to my own understanding and make certain connections myself, rather than just dial it in by rote.”

The Jazz Rabbi prays three times a day and studies Talmud study daily. But Wall is also devoted to another congregation: Every Thursday night the jazz faithful gathers at a VFW Post in Westport. The shows, known as Jazz at the Post, are organized by the Jazz Society of Fairfield County, a non-profit organization Wall co-founded. He’s the organization’s artistic director.

“This is a really nice chapter of my life,” Wall told me just he as he was getting ready to perform at a sold-out show in late February. “I have people calling me all the time to come play here. A lot of them are Grammy Award-winning jazz artists.”

The venue, which has a capacity of about 80, is usually sold out. Admission is $20 and there is no drink minimum, making it much more affordable than the typical night out at a commercial jazz venue, where admission is often $50 with a two-drink minimum. Because the Jazz at the Post shows take place at a VFW hall, veterans are admitted for $15, as are students.

Wall said that the fact that there’s no adversarial relationship with a restaurant trying to sell food and drink makes for a much better listening experience for jazz lovers.

“People come here to listen to the music,” he told me. “The people that I would go out and listen to in New York now come to Westport. I feel a little guilty that this place is two minutes from my house, but so be it.”

Merch for sale at Jazz at the Post. Photo by Jon Kalish

Back in 2009 when Wall got his first pulpit, a part-time gig at the Sixth Street Community Synagogue in Manhattan’s East Village, his group Later Prophets was touring regularly. During his time at the Sixth Street shul, Wall created the Center for Jewish Arts and Literacy, which brought klezmer, jazz and big-band music to the synagogue’s basement social hall, along with Yiddish language and Torah classes. The music series lives on at the Hudson Yards Synagogue in Manhattan, thanks to the efforts of the percussionist Aaron Alexander.

Later Prophets has been inactive in recent years but Wall still plays freelance gigs with various artists and occasionally performs with the guitarist Jon Madoff’s horn-heavy Afrobeat ensemble Zion 80, as well as The Elders, a jazz group led by Frank London, his friend and collaborator of nearly 50 years.

At the VFW hall in Westport, The Jazz Rabbi joins the visiting artists on the bandstand every week. Wall said the experience of playing with different acts, many of whom perform original compositions, has been good for his musical chops. One of the regulars at the Westport shows remarked that when Wall really gets into a groove, he rocks back and forth like he’s davening.

The Jazz at the Post shows have been happening since April 2022 but Wall has been performing locally since 2015. He started playing in the back room of a local eatery known as Restaurant 323. That gig came about after Wall’s impromptu performance at a fundraiser for the Bridgeport community radio station WPKN-FM.

“After he played a couple of bars of music at the WPKN benefit, I was just blown away by his talent,” recalled Richard Epstein, a Bridgeport dentist who serves as vice-president of the Jazz Society. Epstein’s wife Ina Chadwick, a former Forward editor, was running a spoken word performance series at Restaurant 323 and suggested Wall start a jazz night there.

A rehearsal at the VFW post. Photo by Jon Kalish

Eric Bilber, a co-founder of the Jazz Society and a board member, said he discovered the Restaurant 323 scene when his wife went to pick up their daughter one night at the Metro-North station in Westport and didn’t come home right away. Their daughter Zina noticed someone playing a stand-up bass and decided they should check it out. They had such a great time that they stayed until the last set.

“And that was it,” Bilber told me. “I went back with them the following week and we’ve been going ever since. We started bringing our friends and everybody that we could think of to try to support this.”

Bilber realized there was a need to start a non-profit after the Westport jazz lovers had collected thousands of dollars by passing around a cigar box at performances to purchase a piano.

“One day he asked Wall, “Who owns the piano?’” Bilber recalled. “And we decided maybe we should start a non-profit.”

The newly created Jazz Society paid $11,000 for a Steinway Model M that was built in 1937. It had served as one of the house pianos at the Village Gate, the iconic Greenwich Village nightclub that closed in 1988.

If a piano can be said to have yichus, the Gate’s Steinway would certainly fit the bill. Thelonius Monk and Nina Simone are among several jazz greats who played it on live albums recorded at the Gate. Mose Allison, Count Basie, Bill Evans, Eddie Palmieri, Sun Ra and McCoy Tyner have banged on its keys too.

Wall had been tipped off to the Model M’s availability by his piano tuner. But all that wear and wear had taken its toll on the instrument, so in 2018 the Jazz Society came up with $15,000 to refurbish it.

Paul Haller, a Stanford-based piano restorer, recalled with a chuckle that Wall brought down a few local pianists to his shop when the repairs were completed. They put the piano through its paces for a couple of hours before declaring they were pleased with the restoration.

Ted Rosenthal, a pianist who teaches at Juilliard and the Manhattan School of Music, performed at the Post with a quintet that included Wall in late February. During the intermission, he reminded me that being a jazz musician means that one night you could be playing at Carnegie Hall and the next night your gig might be at the Carnegie Deli.

“They’ve created a jazz club in a place that wasn’t designed to be a jazz club,” he said. “I think that’s what we need to do because obviously rents in New York are so high that some clubs don’t succeed because of the expenses involved. If you can find a place and build an audience, I think that’s a perfect way to go.”.

“This place is like being in Greenwich Village,” said Alan Phillips, a Westport resident who comes to the Jazz at the Post performances almost every week. “The world-class jazz that we get right here —  it’s the best kept secret.”

The post For the ‘Jazz Rabbi’ of Connecticut, music and Judaism are both about tradition and improvisation appeared first on The Forward.

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