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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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DSA racks up wins in Congress as Democratic party shifts on Israel
The Democratic Socialists of America is expected to grow its influence within the Democratic Party’s progressive wing, picking up at least five seats in the House, according to unofficial election results on Tuesday night. The gains mark major progress for the organization that is credited with the rise of New York City Mayor Zohran Mamdani, a fierce critic of Israel.
Before Tuesday night, the organization had just two members in Congress: Reps. Alexandria Ocasio-Cortez of New York and Rashida Tlaib of Michigan. Both are members of the Squad, the group of young, outspoken progressives formed in 2018 that challenged the party’s establishment and criticized U.S. support for Israel.
DSA members Chris Rabb, Donavan McKinney, Darializa Avila Chevalier, Claire Valdez and Melat Kiros were projected to win their House seats Tuesday night, preliminary election returns show.
A larger DSA caucus could give progressive Democrats greater leverage to pressure leadership into holding votes on Israel policy, an issue that has divided the party since Oct. 7, 2023 and the subsequent war in Gaza, with intensifying concern over the war with Iran. The DSA gained influence during a period when Democrats had little power, as the minority in both the House and Senate, to shape the foreign policy of the United States. Regaining control of the House, and potentially the Senate, those divisions will become much harder for party leaders to avoid.
All of the DSA members heading to Congress have described Israel’s conduct in Gaza as a genocide and support cutting off military aid to Israel — positions increasingly held by Democrats outside the DSA as well.
President Trump announced Tuesday that the U.S. will end nearly $4 billion in annual military aid to Israel by the end of the year, while still allowing Israel to buy U.S. weapons. But the national DSA goes further, leading a campaign for a U.S. arms embargo on Israel and passing a 2025 resolution explicitly opposing Zionism.
The victories follow a string of DSA wins over longtime incumbents during the Democratic primaries, buoyed by the victory of Zohran Mamdani as New York City mayor last June. Two of the DSA candidates that Mamdani endorsed, Avila Chevalier and Valdez, cruised to victory in their heavily blue New York City districts.
Avila Chevalier is a former Columbia University Gaza War encampment activist who has repeatedly defended her attendance at a pro-Palestinian rally on Oct. 8, 2023.
Rabb in Philadelphia; McKinney in Detroit, Michigan; and Kiros in Boulder also won comfortably in their heavily blue districts.
Kiros drew condemnation from some Colorado Jews after declining to call the 2025 firebombing of a walk for Gaza hostages in Boulder antisemitic, instead calling it a “political attack” targeting Zionism. The attacker was heard yelling “Free Palestine” as he threw Molotov cocktails, injuring 13 people, including an 82-year-old woman who later died from her injuries.
In California, DSA candidates faced tighter races in the general election, facing off against Democratic incumbents. The nail-biter races were the result of California’s unique primary process, where the top two candidates advance to the general election regardless of party. Several key California races were still too early to call, including two House races featuring DSA candidates and the Los Angeles mayoral election featuring DSA candidate Nithya Raman.
Two other DSA mayoral candidates won Tuesday night, David Morales in Providence, Rhode Island, and Janeese Lewis George in Washington, D.C.
But the DSA did not win everywhere. In Florida, Republican incumbent Ashley Moody defeated DSA member Angie Nixon Tuesday night, early results show.
Had Nixon won, she would have become the first DSA member in the U.S. Senate. (While Sen. Bernie Sanders has long identified as a democratic socialist, he is not an official DSA member.)
But Moody was widely expected to win the race, leading Nixon by an average of 6 percentage points in polls.
The post DSA racks up wins in Congress as Democratic party shifts on Israel appeared first on The Forward.
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This Georgia Democrat stood by Israel and criticized her party. She is expected to win another term.
Esther Panitch spent Tuesday evening the way she spends every election night since holding office: on her couch at home in an Atlanta suburb, watching The Campaign, the 2012 comedy in which Will Ferrell and Zach Galifianakis play rival candidates for Congress who will stoop to anything to win.
It looks likely that the Georgia Democrat will have a third term in the state Georgia House of Representatives, where Panitch has been the only Jewish member since 2023. With 72% of precincts reporting, she is leading 67%-33% over her Republican challenger, Keith Gettmann. She may be joined in the state legislature by some additional Jewish members after Tuesday night’s vote.
Panitch is a pro-Israel Democrat in a party where support for Israel is increasingly contested. She has built her time in office on issues around antisemitism and Holocaust education, and she has criticized her own senator, Jon Ossoff, in public over Israel. Ossoff endorsed her this fall anyway.
Panitch has been warning for years that her party is drifting away from Israel, and she said she’s grateful Georgia’s Democratic leaders haven’t gone along. This summer she felt the pull at home. A local Democratic youth group told her to “mind her own business” after she asked a county party to move a fundraiser from Rosh Hashanah to another date. The Jewish Council of the Democratic Party of Georgia, where she’s first vice chair, condemned the group, and Panitch says the state and county parties did too.
She also survived a primary challenge from her left this spring. Aaron Baker, a fellow Jewish Democrat and member of the Democratic Socialists of America, called her a “DINO,” or Democrat in name only. Panitch won by a 13% margin.
Her complaint about Ossoff goes back to 2024, when he voted for resolutions to block some U.S. weapons shipments to Israel, and Panitch criticized him publicly at the time. But she still voted for him in the midterms. “I’m not going to bite my nose to spite my face,” she said.
Ossoff’s Republican opponent, Rep. Mike Collins, is a “non-starter,” she said. Collins has faced scrutiny over a son-in-law who posted antisemitic videos and a former staffer who posted Nazi imagery. He has said he doesn’t share those views. Ossoff was reelected Tuesday.
Laws she’s passed
Much of Panitch’s record in office has been a response to Hamas’ attack on Israel on Oct. 7, 2023. Georgia already had a hate crime law, she said, but it didn’t define antisemitism. She co-sponsored the bill that did — adopting a widely used, though controversial, definition — which the governor signed into law. She had been arguing for it before Oct. 7, but her colleagues, she said, “really couldn’t understand that until they saw it on Oct. 8.”
This past session, she co-sponsored a first-in-the-nation measure requiring public schools to disclose foreign funding, which she said grew out of research showing Qatar had funded Fulton County Public Schools and Georgia State University. She also backed a requirement that the state monitor complaints of antisemitism and other discrimination, from public schools through colleges. Previously, she said, parents had complained about incidents, but whether anything happened depended on the principal. A separate bill she led, creating one-stop family justice centers for victims of domestic violence and trafficking, passed unanimously and was signed into law.
The monitoring requirement puts her in the middle of the debate over where criticism of Israel ends and antisemitism begins. Asked whether she considers anti-Zionism antisemitism, Panitch said, “Not all of it. But there’s enough crossover that any of it should be examined.” Her line is a legal one. “They can hate Israel and Jews all they want,” she said. The issue is “if they commit a crime because of it.”
A tree for every critic
She’s also been targeted. On the morning the antisemitism bill was signed into law in January 2024, she discovered a threatening postcard in her mailbox containing antisemitic slurs, including a reference to “gassing the Jews.” A local rabbi who had backed the bill received a similar postcard. The man who sent the cards, Ariel Collazo Ramos, was convicted last fall and sentenced in February to five years in prison, the maximum. Panitch testified at his trial and sentencing.
“Jews have a right to participate in civic life in the United States, just as any other American,” she said, “and I’m not going to allow anybody to stop that.”
She has a lighter response to online critics. In 2024, she was at the University of Georgia for Israel Week, walking a student in a yarmulke to another building so he wouldn’t be alone, when protesters followed and chanted at her. “Esther, Esther, you can’t hide,” she recalled. “We charge you with genocide.”
Her response: Donate a Jewish National Fund tree in Israel in the name of the university’s chapter of Students for Justice in Palestine, and post the receipt online. She has since sent trees in the names of individual trolls and other pro-Palestinian activists. “Okay, you get a tree! You get a tree!” she recalled in her best Oprah Winfrey impersonation. The harassment, she said, “really stopped bothering me after that.”
Her Jewish roots
Panitch grew up in a Jewish household in Miami, where she went to a JCC day camp and later spent a couple of summers at Camp Ramah in Massachusetts. She’s a lifelong member of Hadassah, the third generation of her family in the organization. Her daughter is the fourth. She met her husband on a 1997 trip to Israel organized by the Jewish Federation of Miami, and they married the next year. Their three children went through Camp Judaea in North Carolina.
This summer she toured Auschwitz-Birkenau, Majdanek and Treblinka with a group of teachers on a trip to concentration camps in Poland. They also visited Kielce, a city where survivors who had returned after the war were attacked by a mob in 1946 after a rumor that a Christian boy had been kidnapped. Dozens of Jews were killed.
What stunned her was how deep the roots went. “Jews had been there for 1,000 years before the war,” she said, “and were turned on in the blink of an eye. They were always othered, so I’m not going to allow that to happen in my country.”
She wants to bring that message home. Panitch is a legislative liaison for the Georgia Commission on the Holocaust and plans to push mandatory Holocaust education in her next term, especially given foreign money she believes has been used to create anti-Israel sentiment.
“I want to be able to show students what happens when mobs go after Jews, which is what is starting to happen now,” she said. “Everybody needs to know their history, Jews and non-Jews, and the ugly parts too, because we have to figure out how not to repeat them.”
Criticize Israel as much as you want, she said, but when it’s singled out for criticism “that they wouldn’t hold any other place to,” it can cross into antisemitism. “The result of antisemitism, unchecked, turns into atrocities.”
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Republican Israel supporter Ashley Moody projected to beat DSA candidate Angie Nixon
(JTA) — Republican Sen. Ashley Moody, a supporter of Israel, is projected to beat Angie Nixon, a Democratic Socialist of America member, in a special election on Tuesday that could help determine which party controls the U.S. Senate.
With 96% of the vote counted, Moody won by a 2.7 percentage points. according to Associated Press.
The incumbent, Moody, was formerly the state attorney general, and was appointed to the Senate by Gov. Ron DeSantis in January 2025 after Marco Rubio vacated the seat to become secretary of state.
She was endorsed by the pro-Israel lobbying group AIPAC and President Donald Trump. She is a staunch supporter of Israel who has said she wants the U.S. to be “the most pro-Israel country in the world.” She also said that she “worked to make Florida the most pro-Israel state in the nation” as attorney general.
She has been critical of pro-Palestinian campus protests, and introduced a bill last year that would “claw back federal funds” when universities “violate students’ civil rights.” Too many “woke schools prioritize support for Hamas over their duty to protect the civil rights of ALL students,” she added.
Moody supported Trump and Rubio’s move to deport green card holders for their activism last year. “It is time for Hamas agitators to go,” she wrote.
Nixon is a progressive state legislator, with a campaign focused on universal healthcare and free childcare. She became a DSA member this year, but was not endorsed by the left-wing political organization. She did draw endorsements from a number of major progressive figures and campaigned alongside Vermont independent Bernie Sanders and former President Barack Obama.
She accuses Israel of committing a genocide in Gaza and opposes sending military aid or American weapons to Israel “at this moment.” In November 2023, she introduced a statewide bill advocating for “de-escalation and cease-fire in the state of Israel and occupied Palestine,” which was defeated 104-2 in the Florida House. She has condemned Hamas and the “violent terrorist attacks” that it committed in Israel on Oct. 7, 2023.
Nixon’s Israel stance raised questions over whether it would affect her performance among the state’s substantial Jewish minority. Some Jewish Democrats and independents in the state said they were hung up on her Israel views, while others said they are counting on the Democrats flipping the Senate and that Nixon has toned down her harsher talk about Israel.
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