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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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Tidbits: This Jewish couple gives homeless dogs a free makeover
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
אַ גרויסער בלאָער משׂא־פֿור האָט זיך אָפּגעשטעלט אויף אַ גאַס אין סקיד־ראָו, אַ באַקאַנטער אָרעמער געגנט אין לאָס־אַנדזשעלעס, פֿאַר אַ היימלאָזן מענטש מיט אַ הינטל.
„אײַער הינטל וויל אפֿשר מע זאָל אים צופּוצן אַ ביסל?“ האָט דער מאַן אינעם אויטאָ געפֿרעגט. לכתּחילה האָט דער היימלאָזער אויסגעזען צעטומלט. דערנאָך האָט ער געגעבן אַ קוק אויף זײַן הינטל, וואָס ער האָט שוין ווער ווייסט ווי לאַנג נישט געבאָדן אָדער אָפּגעשוירן, און צוגעשאָקלט מיטן קאָפּ.
מיט אַ שעה שפּעטער איז דאָס הינטל אַרויס פֿונעם משׂא־פֿור, אויסזעענדיק ווי אַ גאָר אַנדער הינטל. זײַן פֿעל, וואָס איז פֿריִער געווען שמוציק און פֿאַרפּלאָנטערט, האָט מען אויסגעוואַשן, צוגעשוירן און געבערשט ביז ער איז געוואָרן ווייך און גלאַנציק. איידער ער איז אַרויס פֿון אויטאָ האָט מען אים געגעבן אַ נאַש, וואָס ער האָט פֿריילעך אײַנגעשלונגען.
די אָרגאַניזאַציע וואָס האָט אויסגעבאָדן דאָס הינטל, „האָליוווּד מאָביל גרומינג“, באַלאַנגט צו טשאָק און יעל רובין. במשך פֿון די פֿאַרגאַנגענע 11 יאָר, האָבן זיי און זייערע מיטאַרבעטער גערייניקט בערך 5,000 הינט פֿרײַ פֿון אָפּצאָל.
דאָס פּאָרפֿאָלק, וואָס האָט אימיגרירט פֿון ישׂראל, האָט אין 2001 לאַנצירט אַ געשעפֿט וואָס ברענגט אַ לוקסוס־ספּאַ צו פֿאַרמעגלעכע אייגנטימער פֿון הינט. אָבער דערנאָך האָבן זיי באַשלאָסן אַז זיי ווילן אויך העלפֿן די מענטשן מיט הינט, וואָס קענען נישט באַצאָלן דערפֿאַר: סײַ הינט וואָס געפֿינען זיך אין אַ מיקלט פֿאַר חיות, סײַ הינט וואָס וווינען מיט זייערע אייגנטימער אויף דער גאַס.
„אַ מאָל האָבן די אייגנטימער מורא אונדז איבערצוגעבן די הינט, אַפֿילו אויב זיי קענען וואַרטן אין דרויסן,“ האָט יעל געזאָגט. „מיר לאָזן זיי אַרײַנקומען און זען וואָס מיר טוען. די הינט פֿילן זיך אויך בעסער. מע קען זען וויפֿל זיי האָבן הנאה פֿון דער באַהאַנדלונג און ווי עס שפּאַנט זיי אויס. דו ווײַזט זיי ליבע, גיסט זיי אַ נאַש, וואַסער צו טרינקען, און זיי באַצאָלן דיר מיט זייערע קושן.“
אויף דער פֿראַגע, צי זיי זאָרגן זיך נישט, וואָס וועט זײַן ווען די הינט גייען צוריק צו די האַרבע באַדינגונגען פֿון דער גאַס, האָט טשאָק באַטאָנט עטלעכע זאַכן: „זייערע אייגנטימער זענען תּמיד מיט זיי און פּאַסן אויף אויף זיי וויפֿל זיי קענען נאָר. די הינטלעך זענען זייערע ׳קינדער׳. עס זענען אויך דאָ אַ סך אָרגאַניזאַציעס וואָס באַזאָרגן זיי מיט עסן אומזיסט און אַנדערע זאַכן. זיי פֿאַרמאָגן ווייניק, אָבער זיי טוען דאָס בעסטע אויפֿצופּאַסן אויף זייערע הינט.“
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
To read about this in English click here.
The post Tidbits: This Jewish couple gives homeless dogs a free makeover appeared first on The Forward.
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The tech worker campaigning for ‘Antisemite of the Week’ doesn’t want to talk about antisemitism
After accusations of discrimination led his San Francisco Tech Week event to be pulled from the schedule, a tech worker has decided to embrace his newfound notoriety.
Mostapha Benhenda cited security reasons last week when he denied an Israeli programmer admission to his AI hackathon event, explaining that he didn’t want the Israeli army to make participants’ electronics “explode in their faces and injure them.”
The Israeli tech worker — a former Israeli soldier named Adam Levi — posted the message online, leading sponsors to pull funding for the event. In the days since, Benhenda has begun openly campaigning for an “Antisemite of the Week” award from pro-Israel watchdog group StopAntisemitism.
“I am a competitor, I play to win, this prize will be my Ballon d’Or,” Benhenda said in a message to the Forward, referring to the annual prize for the world’s best soccer player.
Running this week through Sunday, San Francisco Tech Week draws tens of thousands of tech industry workers to hundreds of panels, competitions and parties across the Bay Area.
The saga began Sept. 29 when Levi posted a screenshot of Benhenda’s messages rejecting his RSVP to the event, called “Build Your Agentic Investment Bank Hackathon.” A page for the hackathon on the digital invitation platform Partiful claimed it had been co-sponsored by Tech Week and the convention’s founder, venture capital firm Andreessen Horowitz.
Levi’s post was reshared on X more than 1,000 times, leading to the event’s de-listing by Tech Week organizers, who said on X that the event had violated the program’s terms of service.
Levi told The Algemeiner that Andreessen Horowitz told him the company had removed its sponsorship.
Benhenda, whose LinkedIn says he attended college in France, declined to participate in phone interviews. But in messages to the Forward, his response to accusations of antisemitism appeared to shift over a manner of days from defensiveness to bemusement.
When first reached for comment, Benhenda denied that his rejection of Levi was antisemitic at all. He said he banned Levi because his LinkedIn indicated service in the Israeli military’s secretive Unit 8200 during September 2024, when the intelligence unit was linked to the simultaneous detonation of thousands of pagers owned by Hezbollah operatives across Lebanon. (Levi declined to be interviewed, but said on X that “building explosive pagers was never my thing.”)
“I understand Adam’s disappointment, and his resulting emotional accusation of antisemitism, but he perfectly knows it’s unfounded,” Benhenda wrote Sept. 29, adding, “I hope that over the next weeks he will get more clarity about this.”
However, after StopAntisemitism posted about Benhenda on X, he seemed to lose interest in contesting the claim — and began leaning into it instead.
On Saturday, Benhenda shared StopAntisemitism’s post about him with a request.
“I am competing for the ‘Antisemite of the Week’ award at the San Francisco Tech Week,” he wrote. “Can you show your support/hate with a retweet?”
Founded in 2018 by a social media influencer who goes by Liora Rez, StopAntisemitism.org frequently bestows its “Antisemite of the Week” awards to public figures — a mix of elected officials, civic leaders and celebrities — who antagonize Israel.
Recent recipients of the award — which is not actually awarded weekly — have included actor Javier Bardem and Rama Duwaji, the wife of New York City Mayor Zohran Mamdani.
Last month, StopAntisemitism sponsored an event where a speaker was later criticized for Islamophobic rhetoric. (Rez did not respond to a request for comment on that story, or for this one.)
Benhenda said in messages to the Forward on Monday afternoon that he did not know very much about the organization, but that he was pining for its distinction, given the group’s 350,000 followers on X.
“What matters isn’t the label, but who puts it,” he added. “Go big or go home, that’s the game in the Silicon Valley.”
Later, though, Benhenda insisted that he still did not understand the accusations of antisemitism against him. His refusal of Levi, he said, had been solely due to Levi’s involvement in the Israeli military.
Meanwhile, he is forging ahead with the hackathon, hosting it Tuesday on the streaming platform Discord for nearly 200 registered participants.
Benhenda blamed the “tremendous lobbying from the Zionist lobby” for the change. But the venue where he had initially planned to host the event indicated there was no change. The supposed host, a coworking space called Frontier Tower, said in an email it had never booked Benhenda’s event to begin with.
The post The tech worker campaigning for ‘Antisemite of the Week’ doesn’t want to talk about antisemitism appeared first on The Forward.
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Chef Alon Shaya shares the stories, resilience and recipes of World War II survivors
(JTA) — In 2015, while visiting Israel’s Yad Vashem Holocaust Memorial, James Beard Award-winning chef Alon Shaya came face-to-face with a World War II artifact that moved him deeply.
It was a red cloth triangle — cut from a Nazi flag — embroidered with the names of a few dozen female prisoners at the Ravensbrück concentration camp.
In a place where they were starving to death, he learned these women had formed a clandestine “food” club. Together, they talked about recipes, their Friday night Shabbat candlesticks and cherished memories of home.
That red cloth was “100% the catalyst,” Shaya said, for his deep interest in food as “an agent of survival, defiance and bringing people together.”
Now, 11 years after that defining moment in Jerusalem, Shaya’s second book, “Memories of a Good Meal: Recipes of Resilience Inspired by Stories of World War II Survival,” is being published on Oct. 6. Co-authored with food historian June Hersh, the book gathers accounts from survivors and heroes of World War II, illustrating the outsized role that food — and the memory of it — played in human survival. While featuring 80 recipes, it functions as much as a history book as a cookbook.
“The recipes are there to support the stories,” Shaya said. “It’s not the other way around.”
Shaya and Hersh tell the stories of 10 distinct groups impacted by the war, including Jewish partisans, hidden children, Navajo code talkers, persecuted homosexuals, Japanese Americans, and Austrian and German Jews who built new lives in the Dominican Republic.
Alongside these narratives, the authors included family recipes preserved across generations. Where none survived or existed, Shaya crafted recipes using ingredients available to the book’s subjects during the war.
The opening chapter highlights a story particularly close to Shaya’s heart. In 2019, during a visit to the United States Holocaust Memorial Museum in Washington, D.C., Shaya was shown a tattered, 100-year-old, handwritten recipe collection from the Fenves family of Yugoslavia. Saved during the war by the family’s cook, Maris, the Hungarian-language notebook was eventually donated to the museum by survivor Steven Fenves.
Determined to bring those dishes back to life, Shaya worked with Fenves to translate the recipes, filling in missing elements like precise steps, exact measurements and oven temperatures.
“I really became a part of their family,” said Shaya, whose collaboration on what became known as the Rescued Recipes project has raised nearly $1 million for the Holocaust Museum to digitize historical documents and artifacts. “The family wouldn’t be here if Steven and his sister didn’t survive Auschwitz,” said Shaya.
Featured recipes from this chapter reflect the Hungarian culinary traditions of Fenves’s hometown of Subotica, including körözött (a spiced cheese spread) and authentic Hungarian goulash.
Other chapters explore how people sustained themselves despite meager resources. In the profile of Polish Jewish partisan Shalom Yoran — who subsisted largely on potatoes while hiding in the woods — Shaya developed recipes centered on the staple tuber, including Polish herring and potato salad, potato dinner rolls and potato, and pine nut doughnuts with blackberry caramel.
“Shalom’s wife, Varda, shared his story with us,” Shaya explained. “The partisans lived in a hole in the ground in the Polish forest through winters that reached minus-20 degrees, and they did that for four years. Potatoes were a huge part of their survival.”
For Sarah Pelz, executive editor at Harvest, the book’s publisher and the granddaughter of a partisan, the concept of the book resonated deeply, especially in the wake of the Oct. 7, 2023 Hamas attacks inside Israel. “The throughline here is the power of food and memory — the power of food to bring us together at a table, and to remind us who we are and where we come from,” she said in an interview.
“Alon’s message is powerful and necessary right now,” she continued. “He hopes that people will read this book, will cook from it, and that it will bring people together at the table, people of diverse backgrounds, people of diverse perspectives, that it will not just help to enlighten readers, to history and to what happened, but also help bring people together.”
In gathering these accounts across the globe, Shaya and Hersh faced a race against time, as most interviewees were well into their 90s or older. John Kinsel, one of the last living Navajo code talkers, was 107 years old when the authors visited him on the Navajo Nation reservation. His chapter details the vital role Native American Marines played by using their complex language to transmit secret Allied messages in the Pacific theater. The book features recipes inspired by Navajo traditions, including blue corn mush and stuffed pumpkin with stewed lamb.
Throughout the project, Shaya couldn’t help but draw parallels between past atrocities and modern struggles.
“One of the lessons that struck home the most for me is that people will persecute you for what you believe in and gather together and create laws to persecute you,” he said. “We saw it in what happened with immigration in the 1940s, and we see it with what’s happening in America today.”
He was also struck by the role of propaganda, promulgated then by Joseph Goebbels, Hitler’s chief propagandist, and today by bad actors on social media, in spreading hate and disinformation.
Some of the stories, like the meal prepared by nuns in a convent for a group of persecuted homosexual prisoners, seem almost cinematic in nature.
“I have definitely thought about turning these stories into a miniseries or a movie,” said Shaya. “Nobody has shown interest in it yet, but it is something that I think the more ways these stories can be shared, the better.”
Born in Israel and raised in Philadelphia, Shaya has become one of the country’s leading interpreters of Israeli and Middle Eastern cooking, with a distinctly Southern sensibility. His 2018 cookbook, “Shaya: An Odyssey of Food, My Journey Back to Israel,” blends memoir with recipes.
Shaya was committed to the latest book despite huge demands on his time. The chef and his wife, Emily, have two children, aged five and two. His Pomegranate Hospitality operates three restaurants, Saba and Safta’s Table in New Orleans, where he lives, and Safta in Denver. (Saba means grandfather and Safta means grandmother in Hebrew.) He is also involved in a variety of philanthropic work.
“The work I put into this book fills my heart and makes me feel good, like I’m doing something that builds me up and can have an impact,” said Shaya.
Shaya views the book as an educational tool.
“This book might engage a 13-year-old who really loves the chocolate cake recipe,” Shaya reflected. “If he or she hears the history behind that chocolate cake and delves into the history behind it, they learn that Austrian and German Jews took refuge in the Dominican Republic and wanted to keep their culinary traditions alive and need to use the local resources. That’s how a traditional Sacher torte-inspired tres leches cake came to be. Or a plantain latke, or matzo ball soup with avocado, lime and yucca.
“If those stories can come together and have that kind of impact on one 13-year-old in the world,” he added, “I will feel complete.”
This article originally appeared on JTA.org.
The post Chef Alon Shaya shares the stories, resilience and recipes of World War II survivors appeared first on The Forward.
