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Sundance documentary ‘Under G-d’ details the Jewish legal response to the Dobbs decision
(JTA) — Last summer, in the days after the Supreme Court’s reversal of Roe v. Wade, the landmark 1973 decision that protected the right to an abortion, Paula Eiselt was doing press work for her acclaimed documentary “Aftershock.”
The film — which documents how the American healthcare system disproportionately fails to keep women of color healthy during and after giving birth — kept her busy with interviews as it earned a wide audience on Hulu and in theaters. But Eiselt felt pulled into thinking about a project tied to the Court’s ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe.
Staying true to her Jewish roots, Eiselt found a Jewish angle: the rabbis and Jewish organizations who are helping lead the charge in bringing lawsuits against the Dobbs decision.
“As a Jewish woman, a Jewish mother, to see that there are Jews, rabbis, organizations, standing up to these bans, to the Dobbs decision, and finding ways to flip the script on many of these laws was very inspiring,” said Eiselt, whose first film focused on an Orthodox female emergency responder service in Brooklyn.
Her new short documentary “Under G-d,” which premiered at the Sundance Film Festival on Sunday and plays there throughout the week, shows how Jewish people and institutions are using state laws called Religious Freedom Restoration Acts (RFRAs) — often used in the past by religious organizations on the opposite side of the abortion issue — to argue that Dobbs violates their religious freedom as American Jews. Traditional Jewish law permits (and even requires) abortion in some circumstances, particularly when the life or health of the pregnant person is at stake.
Among the first lawsuits aimed at Dobbs came from Congregation L’Dor Va-Dor in Boynton Beach, Florida. Its rabbi, Barry Silver, is a figure in Eiselt’s film, alongside Elly Cohen, an Indiana activist and mother who is part of the Hoosier Jews for Choice group; Jeremy Wieder, a leading rabbi at the theological seminary of Yeshiva University; and Rachel K. Laser, who in 2018 became the first woman, Jew and non-Christian to lead Americans United for Separation of Church and State.
A woman named Elly shown in film at a protest in Indianapolis with the Hoosier Jews for Choice group. (Courtesy of “Under G-d”)
“The test is this: Are you going to use RFRA only to protect fundamentalist Christians and their intolerance,” Silver asks in the 24-minute film, “or do Jews get to use it too?”
Cohen’s group led a lawsuit that led to a judge issuing a preliminary injunction in December against Indiana’s abortion ban, blocking its enforcement for now. Laser’s group joined a lawsuit filed in Missouri just last week. And three Jewish women filed a lawsuit alleging infringement of their religious freedom in Kentucky in October.
“The fact that Jews were leading this tactic and this battle, really no other group was thinking about it this way,” Eiselt said. “But as Jews, we know what it’s like when there is no separation between church and state, and this is the prime example of that.
“Of course, now there are many communities joining in with Jews, but Jews are kind of the one who started this,” she added. “I think that’s really true to Jewish involvement in civil rights and human rights, and it was inspiring.”
She noted that people from across the Jewish spectrum were included in the film — which ends with a rally that includes a Havdalah, or post-Shabbat service — and that the overwhelming majority of American Jews favor abortion rights, more than any other religious group, according to studies.
“Diverse Jews, different denominations,” the director said of her interview subjects. “The vast majority of Jews agree on this, from Orthodox to non-observant. There are very few Jews who will say that these bans are in line with values and law.”
Wieder, from Yeshiva University, says in the film that a minority view within Orthodox Judaism believes that “life begins at 40 days after conception,” while the majority says life begins at birth, and seemingly no Jewish religious tradition states that life begins at conception.
Eiselt, a mother of four, identifies as a Modern Orthodox Jew and is a board member of the Jewish Orthodox Feminist Alliance, where she focuses on reproductive justice issues. She describes the group as “a feminist organization within the Orthodox space that uplifts women’s leadership and participation in Jewish ritual.”
Her first film, “93Queen,” told the story of Ezras Nashim, a female ambulance corps that had to fight for acceptance in the Borough Park haredi Orthodox community.
Funding for the new film came from various film companies and philanthropic organizations, including Concordia Studios and the Sundance Institute, as well as Jewish Story Partners, the foundation backed by Steven Spielberg that launched in 2021.
The film debuted Jan. 22 — on the 50th anniversary of the Roe v. Wade ruling — and is showing in competition at Sundance. After that there are other plans: A “large impact campaign,” as Eiselt described it, will include screenings around the country, including with “Jewish groups, political groups, and reproductive rights groups.”
“Whatever communities you’re in, women are having abortions,” Eiselt said. “Whether they’re mothers, not mothers, whether they have five children, no children. This is part of women’s health care, so it affects everybody and in certain communities, such as more Orthodox communities where I come from, people don’t really talk about it, but it happens commonly.”
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What do Germans talk about when they talk about antisemitism?
In today’s Germany, an accusation of antisemitism can end careers, shutter institutions and put political alliances beyond consideration. That gravity is understandable in the country responsible for the Holocaust. What has become less clear, particularly since the Hamas-led attacks on southern Israel on Oct. 7, 2023, and the ensuing war in Gaza, is what Germans mean when they use the word “antisemitism.”
Days before Berliners went to the polls on Sept. 20, Germany’s chancellor Friedrich Merz provided a particularly awkward illustration. At a campaign event for his party, the CDU, Merz called antisemitism “the most perfidious form of xenophobia.” German Jews were quick to point out a glaring problem; they were not foreigners. The contentious IHRA framework officially embraced by Germany stresses that antisemitism and hostility toward foreigners are separate phenomena.
The confusion has become politically consequential since Berlin voted. Die Linke, a democratic socialist party, won 25.7%, more than doubling its 2023 share and finishing nearly seven points ahead of the CDU, which came in at 18.8%. The far-right AfD came third with 16.3%, itself an extraordinary gain of 7.2 points. Yet, since the election, the question consuming German politics has been whether Die Linke is too antisemitic to govern.
Israel’s ambassador, Ron Prosor, described antisemitism within Die Linke as systemic. The Central Council of Jews warned the SPD and Greens against joining a Linke-led coalition. Bavaria’s premier, Markus Söder, called Die Linke “deeply antisemitic.”
Philipp Peyman Engel, editor in chief of the Jüdische Allgemeine, the weekly newspaper of the Central Council of Jews in Germany, distilled the case against Die Linke in Britain’s Jewish Chronicle. The party, he wrote, was “riddled with people who hate Jews and Israel” and represented “the elimination of Israel.” Even voters drawn by rents and social policy had tolerated its hatred of Israel; SPD and Green politicians would forfeit any claim to moral seriousness by governing with it. “No non-Jewish democrat should simply accept this election result either,” he wrote.
That is an extraordinary indictment of a party that just received more votes than any other in the German capital. It is also hard to reconcile with the party that actually exists.
Die Linke does carry unusual historical baggage. It was formed in 2007 from a movement of trade unionists and Social Democrats alienated by Gerhard Schröder’s welfare reforms and the PDS, successor to East Germany’s ruling communist party. The GDR pursued an anti-Zionist foreign policy, strands of which survived reunification; the modern party also absorbed a western anti-imperialist tradition in which hostility toward Israel has at times shaded into antisemitism.
A 2011 analysis published by Germany’s Federal Agency for Civic Education found serious hostility toward Israel in parts of Die Linke but rejected describing the party itself as antisemitic. A year later, Die Linke nominated Beate Klarsfeld — the Nazi hunter who spent decades pursuing German war criminals and famously slapped former Chancellor Kurt Georg Kiesinger over his Nazi past — for the German presidency. She received 126 votes in the Federal Assembly.

Die Linke’s current official position is markedly different from Engel’s characterization in the Jewish Chronicle. At its federal congress in June, Die Linke explicitly affirmed Israeli and Palestinian self-determination and the right of both Israel and Palestine to exist. It passed a separate resolution condemning antisemitism and describing its sharp rise since Oct. 7. While one may regard those positions as inadequate, contradictory or politically naïve, they do not amount to a program for eliminating Israel.
The party that won Berlin last month has changed in other ways as well. Its candidate for mayor, Elif Eralp, a trained lawyer, was born in Munich to Turkish socialist trade unionists who fled the 1980 military coup. Her campaign centered on housing, rent controls and migrant rights, and borrowed consciously from Zohran Mamdani’s campaign in New York; Linke activists even traveled there to meet his advisers.
That helps explain why this election has rattled Germany’s political center. Die Linke is no longer easily dismissed as the residual party of eastern German communism. In Berlin, it has assembled a young, urban and increasingly diverse electorate around an issue — the cost of housing — that the governing parties have conspicuously failed to solve. Unlike the AfD, it also has potential coalition partners. A Linke-SPD-Green government could remove the CDU from power and seek to implement the result of a 2021 referendum, approved by 57.6% of voters, calling for the socialization of large housing companies.
There are nonetheless questions about parts of its Berlin organization, especially in Neukölln. A rapper at a campaign event sang “Yalla Yalla Intifada” and “Death to the IDF.” Ferat Koçak, the district’s Linke Bundestag member, was photographed on election night with Ibrahim Ibrahim, described by Democ, an anti-extremist monitoring group, as a longtime activist with the Popular Front for the Liberation of Palestine, which the EU lists as a terrorist organization. Ibrahim has also been reported to have praised Hamas leader Yahya Sinwar as a “steadfast leader” and “martyr hero.”
Beyond Berlin, a June investigation by Bayerischer Rundfunk into internal forums and chats of Linksjugend, the party’s youth organization, found messages by a spokesman for Die Linke’s youth organization in Rhineland-Palatinate referring to Israeli “concentration camps” and a “genocide in the name of Judaism” and telling Israel to “drop dead!”
Wolfgang Benz, who directed the Center for Research on Antisemitism at Berlin’s Technical University for more than two decades and edited an eight-volume handbook on antisemitism, told the Tagesspiegel that the term Antisemitismus is undergoing an Ausverkauf — an inflationary depletion of its meaning.
“Die Linke is not antisemitic,” he said. Anti-Israel slogans can be crude, denunciatory, even “misanthropic,” without thereby becoming Jew-hatred. His answer when asked whether the chant “Death to the IDF” was antisemitic was no.
In the same interview, Benz also argued that Die Linke’s leadership should deal loudly and decisively with genuinely unacceptable conduct and singled out Bodo Ramelow, who became Linke’s first minister-president in 2014, and Petra Pau, a veteran Linke politician and former Bundestag vice president, as politicians with strong records against antisemitism. Benz’s successor, Stefanie Schüler-Springorum, has likewise called the debate around Die Linke “overblown” and warned that antisemitism is being used to influence coalition formation.
The consequences of collapsing antisemitism and anti-Zionism have extended beyond electoral politics. In Verfassungsblog, an open-access forum on constitutional law and politics, scholars Dörthe Engelcke and Ilyas Saliba documented Palestinian-related events at German universities losing rooms or being canceled, while antisemitism commissioners intervened in debates over terms such as “genocide,” “apartheid” and “settler colonialism.” Berlin’s Jews, meanwhile, are hardly unanimous. An open letter signed by 150 Jewish Berliners, including Susan Neiman, Deborah Feldman and Eva Menasse, accused parts of the media and Jewish community of instrumentalizing antisemitism against Die Linke while the far right advances.
The signatories also point out some obvious facts that, I imagine, tend to get overlooked: that Jews in Berlin pay rent, send children to schools, use hospitals and, like their neighbors, worry about economic insecurity.
Britain’s Labour Party under Jeremy Corbyn offers a cautionary precedent. As genuine failures over antisemitism became entangled with factional warfare, parts of Corbyn’s camp focused so heavily on the political motives behind the accusations that they appeared to minimize the underlying problem. The result was to strengthen the very attacks they regarded as politically motivated. Die Linke would be unwise to repeat that mistake.
Right now, far more than Die Linke’s reputation is on the line. The far-right AfD party won 43.8% in Saxony-Anhalt last month, an increase of 23 percentage points. On the same day Berlin voted, it won 38.2% in Mecklenburg-Western Pomerania, according to preliminary official results, while the CDU fell to 4.9% and disappeared from the state parliament. In Berlin, the AfD rose from 9.1 to 16.3% and finished third.
Those results should provide some perspective on the attempt to establish whether Die Linke’s 25.7% represents an antisemitic rupture in German democracy. Die Linke’s leadership will have to demonstrate that its stated opposition to antisemitism has real-world consequences. But the claim that Jew-hatred is baked into the party itself is unsupported by its program, its history or the records of many of its leading politicians.
What the controversy more clearly reveals is the alarm produced when a party long treated as marginal suddenly wins and becomes capable of leading its government. Antisemitism, the most devastating accusation available in German political language, offers Die Linke’s opponents a means of turning questions about the behavior of certain activists into a referendum on the party’s legitimacy.
Yet while Berlin argues over whether Die Linke is fit to govern, a far-right party with openly ethnonationalist positions and powerful antidemocratic currents, is winning close to 40% in parts of the former East. What’s shocking is that Germany’s political center is devoting its fiercest moral language to the left precisely when the far right is remaking the country’s electoral map.
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Jewish federations are losing my generation — and future ones — over Israel and Netanyahu
When my father Norm Gordon was six years old, the Jewish Federation of Cleveland helped rescue him. Recent immigrants from Poland, his parents were already living precariously when his mother died and his father gave him up. The Jewish Children’s Bureau, funded by the JFC, found a home for him and his brothers and kept them all together under one roof. That’s the sort of thing Jewish federations across America were founded to do, going all the way back to the “Stuyvesant Promise” of 1655: pool the resources of Jewish communities to help the helpless. My first jobs were for JFC-funded camps. My mother, a social worker, spent her career working with agencies like Bellefair Jewish Children’s Bureau, funded by JFC. After my father Norm himself died young and my mother married my adoptive father James Ratner, our family’s ties to JFC grew even stronger. My father James was deeply involved with JFC for decades, serving on their Executive Committee and as Chair of their Overseas Connections Committee.
Now all those ties have been cut. My experience isn’t unique. Federations have been alienating constituents who don’t align ideologically with Israeli Prime Minister Benjamin Netanyahu. It’s been happening all over the country. For three decades, I’d kept a portion of my assets with JFC in a donor-advised fund. I made gifts to my preferred charities out of the fund while the principal remained with JFC as part of the “community chest” they use to finance their operations. But JFC recently told me, in so many words, I should take my money elsewhere. So I did.
Their point of contention was that I wished to give some money from my donor-advised fund to Physicians for Human Rights. After the unprecedented and barbaric terror attacks in Israel on Oct. 7, 2023, Jewish federations raised a lot of money for Israel. They also made lists of human rights organizations that were critical of the Israeli government. The JFC Donor-Advised Fund Committee notified me that this year, for the first time, my pledge to PHR would not be honored.
PHR is not the only cause I give to, but it’s vitally important to me. I’m an M.D., an editor of The American Psychoanalyst, and I’ve served on the PHR board for years. I am privileged to know their fine work in detail. Their physicians risk their lives in conflict zones and take on powerful autocratic regimes around the globe, using medical evidence to expose harms to civilians. In 1997, PHR shared the Nobel Peace Prize as a founding member of the International Campaign to Ban Landmines. Their work is especially important to me as I watch leadership in the U.S. subjugating science, reason, and the rule of law to executive power. PHR represents a commitment to precisely those threatened values that the majority of Jews hold dear, values that hadn’t previously conflicted with JFC’s. Very little of what PHR does relates to Israel at all. I saw no reason to choose between the two organizations until JFC asked me to.
Clearly, JFC’s Donor-Advised Fund Committee sees its decision as a laudable act — that they’re standing up to antisemitic bias even if doing so means losing a constituent and his capital. But that does not describe what happened here. The DAF Committee, on the contrary, rushed to judgment against PHR and alienated a longtime backer of JFC’s community chest with false claims of antisemitism, unsupported by evidence.
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In an email sent to some of my family members, who have also sadly withdrawn their support from JFC, JFC’s DAF Committee devoted just 130 words to its judgment against PHR. Echoing Netanyahu’s incendiary talking points about the medieval “blood libel,” the DAF Committee accused PHR of falsely blaming Israel for the destruction of Al-Ahli al-Arabi Hospital in Gaza City. Ironically, as NPR reported, PHR was a lone voice that did not rush to blame Israel before the facts were in: “By contrast, the advocacy group Physicians for Human Rights put out a call on the day of the blast for the protection of civilian life and for the incident to be the subject of an independent investigation. It notably did not project blame.”
The only piece of evidence the DAF Committee email provided for their claims was exactly that innocuous PHR press release that called on “all parties to abide by international law.” The JFC DAF Committee also claimed, without providing evidence, that PHR does not acknowledge or condemn Hamas’ use of tunnels to store weapons and shield warriors under hospitals. In a joint report on the devastating impact of the war in Gaza on Palestinian mothers and infants, PHR and the Global Human Rights Clinic at the University of Chicago Law School do, on the contrary, explicitly call on Hamas not to militarize hospitals. The DAF Committee provided no evidence at all of PHR’s conflicts with the JFC mission.
Some may ask, “So what?” The JFC’s priority is defending Israel when it’s under attack. It’s not as though PHR is out there helping Israel. In fact, in highlighting the suffering of Palestinian civilians in their report instead of the victims of Oct. 7, and in documenting that the Israeli military has prevented medicine and baby formula from reaching Gaza without considering the larger reasons for Israel’s blockade, PHR shows clearly enough whose side they’re on. JFC is entitled to decline support to organizations that don’t support Israel and it doesn’t owe you a reason.
I don’t question JFC’s right. I question its wisdom. I’m not trying to persuade them to value PHR’s work the way I do, though I hope I’ve made a reasonable case for why I value it. I’m trying to say JFC is making a mistake in alienating constituents like me over a difference of opinion — alienating people who have long considered themselves allies, supported JFC for years, and care about Israel. There has to be room for rational disagreement in a community organization. If not, the federations will hemorrhage constituents and support and become politicized. The majority of American Jews are highly critical of the current Israeli government and its campaign in Gaza. Younger people even more so. JFC may disagree with the rest of us, but it’s not as though we’re making stuff up out of thin air. Israel’s own ex-generals are accusing West Bank settlers of “ethnic cleansing.”
By refusing to accommodate our views, do the federations hope to change our minds? Is this how the federations want to advertise themselves to the majority of American Jews who dare to question Netanyahu? Telling us there’s no room for us, and justifying their conclusions with sloppy assumptions, naive parroting of Netanyahu, and wanton disrespect for others’ views and expertise?
I have no sympathy for Hamas. Human rights organizations like PHR do not support Hamas. Most of the 2 million people living in Gaza, however, are not terrorists. They are human beings and half of them are children. Before Oct. 7, 2023, there were 30,000 Hamas fighters in Gaza, according to the Israeli Defense Forces, a tiny fraction of the Gaza population. I don’t see the harm in trying to insure mothers’ and infants’ access to medicine and baby formula. Nor in documenting the Israeli government’s violations of the rules of warfare when they deny medicine and baby formula to Palestinian mothers and infants who were not perpetrators of Oct. 7. Is our own government here in the U.S. always beyond reproach? No government is. Only authoritarian regimes consider themselves beyond reproach. Again, I don’t expect JFC’s DAF Committee to see it my way.
I would, however, ask them to consider the possible long-term consequences of purging people who think as I do. If protecting Palestinian mothers and infants is really such an affront to JFC’s mission, what does that say about its mission and its priorities? Quashing criticism of the Israeli government is a dramatic departure from JFC’s founding principles. The leaders of the social welfare agencies that depend on JFC’s support will be dismayed to learn that JFC worries more about defunding PHR reports on baby formula than they worry about maintaining the Bellefaire Jewish Children’s Bureau. JFC has been a national leader among the federations from the beginning in caring for their community’s most vulnerable, including children and the elderly. The founders of United Way emulated JFC when in 1913 they began organizing their own community chests. If JFC’s central aim is still the thing they were always best at — maintaining a community chest to help people, as they once helped my father and his brothers — then pushing me out for supporting PHR hardly seems like a good way to serve that aim.
What is most shocking to me is that the federations really don’t seem to care what the majority of American Jews think, or how many constituents they lose by purging those who refuse to equate criticism of the Israeli government with antisemitism. Like Netanyahu, they seem quite comfortable without us. But they’re losing this generation and the next one.
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Israel’s supreme court says Arab parties can run in Oct. 27 election
(JTA) — TEL AVIV – Israel’s Supreme Court ruling upholding the right of Arab parties to run in the Oct. 27 election could make it more difficult for Prime Minister Benjamin Netanyahu to form a new coalition after the election.
In a unanimous decision, the Supreme Court ruled on Friday that the Joint Arab List and Ra’am, the two Arab-led political lists competing in Israel’s elections, could run. The ruling overturned a decision by the Central Elections Committee, a largely political body in which parties in Netanyahu’s right-wing coalition hold a majority of the seats, which had voted last month to bar the lists from running.
“The court found that the materials submitted to the Central Elections Committee did not meet the standards established in the case law for disqualifying a list of candidates,” the court said in its ruling, which did not include extensive reasoning.
The decision restored the parties that traditionally represent Israel’s more than 2 million Arab citizens and in doing so helped the opposition block. Now a wide constituency that rejects working with Netanyahu will have a reason to head to the polls rather than stay home.
Most polls have shown that the opposition bloc would need to include the parliamentary seats held by the Ra’am party, led by MK Mansour Abbas, in order to gain the lead over Netanyahu’s coalition. Unlike Ra’am, the Joint Arab List has never sat in an Israeli coalition and there is no expectation that it would join with Zionist Jewish-led parties to do so.
The court also took a number of other steps regarding the upcoming election. It overturned the committee’s decision to disqualify Ofer Cassif, a Jewish lawmaker running as part of the Joint List. In Cassif’s case, the decision was made by a 7-2 majority.
The Supreme Court justices said they “strongly condemn the outrageous statements and actions by Cassif that evoke revulsion.” At the same time, they ruled that “these statements or actions do not meet the stringent tests established” for disqualifying a candidate.
According to the petition seeking Cassif’s disqualification, he had legitimized Palestinian violence during the war, referred to those seeking to attack Israeli soldiers as “freedom fighters” and taken actions against Israel in international legal forums.
The most significant development, however, came in the case of Sami Abu Shehadeh, the leader of Balad, one of the parties that make up the Joint List.
During a Thursday hearing, the Supreme Court took the unusual step of indicating to Abu Shehadeh that a majority of the justices were inclined to disqualify him and recommended that he withdraw his candidacy.
Following internal consultations, Balad announced that Abu Shehadeh would withdraw his candidacy, rendering the court’s expected ruling on his disqualification moot.
“Sami Abu Shehadeh did not retract his positions and did not flee the struggle. Only after the court itself announced its intention to uphold the disqualification did he decide to withdraw his candidacy,” Balad said in an official statement.
A central part of the case against Abu Shehadeh focused on an article he published on Oct. 8, 2023, one day after Hamas’ Oct. 7 attack, in which the terror organization killed 1,200 people in Israel and took another 251 hostage.
In the article, Abu Shehadeh described the Oct. 7 events as an “important historic event” and suggested that lessons could be learned from how Hamas had managed to surprise Israel and carry out its invasion. His comments were cited as evidence that he supports armed struggle against Israel, one of the grounds on which candidates can be disqualified under Israeli law.
In its ruling, the Supreme Court said there was “a consensus that the things said by Mr. Abu Shehadeh are painful, outrageous and revolting.” The decision to disqualify Abu Shehadeh was also supported by the Democrats, Israel’s most left-wing Zionist party.
During the Supreme Court hearing, Abu Shehadeh acknowledged that “this paragraph was not written correctly.” He said, “I have never supported violence in my life,” and said that he knows victims of the Oct. 7 attack.
Balad said Abu Shehadeh would continue to lead the party’s political activities even without serving in the Knesset.
The Joint List sharply criticized the court’s handling of the case. In a statement, the list said that “the heart of the matter” was “preventing an Arab political leader from running in the elections and infringing on our public’s right to choose its representatives.”
The list accused the court of acting “following a campaign of incitement and political persecution led by the fascist and Kahanist right, joined by the leaders of the Zionist opposition parties.”
“The court must bear responsibility for its disgraceful decision before our public and before public opinion in Israel and around the world, for providing judicial cover for political exclusion. This ruling is another link in the chain of persecution of our public.”
Right-wing Israeli politicians also criticized the court for declining to issue a ruling formally disqualifying Abu Shehadeh rather than merely pressing him to withdraw.
National Security Minister Itamar Ben-Gvir, an ultranationalist member of Netanyahu’s government, called the court’s proposal “too merciful” and said it “harms the democracy of the State of Israel.”
This article originally appeared on JTA.org.
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