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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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He reconnected with Judaism as an adult. With his art, he hopes others do the same.
Bruce David’s magnum opus is a psychedelic lithograph depicting practically the entire Torah. Over eight months, David filled it with a plethora of hidden symbols: If you look closely, you can see Joshua blowing a shofar, which hugs the Israeli flag. Squint even more and you’ll notice Joshua’s face is the flared end of an even bigger shofar that encompasses the Ten Commandments, a shofar made up of dozens of small people, seven of whom hold flames as if making a human menorah.
To understand every hidden image in just this one painting would take more words than I have space for. David gave me the “short version” of the piece’s story on Zoom — it still took six minutes.
Although David has now spent decades making Jewish art — prints, mosaics, stained glass and metal works — and exhibiting it across the country, it wasn’t what he had anticipated doing with his life. David doesn’t have any formal art training and for several years, he lost touch with his Judaism.
“Oftentimes I’ll refer to myself as a deeply flawed holy man wannabe,” David told me over Zoom from his house in Bloomington, Indiana. “But I always had this spiritual pull.”
David grew up in Louisville, Kentucky, with a Reform father and a mother from an Orthodox family. His Orthodox grandmother, Bess Harris — who he described as a force to be reckoned with — was a particular influence on him.
“I really learned my Jewish heart from her and her love of God,” David said. “She was involved with starting a Jewish day school, a Jewish nursing home, the synagogue, and she would lead trips to Israel.”
But traditional religious practice didn’t speak to him when he was a kid. He told me that one time he even climbed out of the window during Hebrew school to go play basketball.
Years later, his wife Diane was the one who helped him find new ways to connect with Judaism. Although she was raised Catholic, Diane was curious about Judaism. David needed to refresh himself on the answers.
“We started looking at the different aspects of Judaism and different things started to make sense,” David told me. “Shabbat made sense — you know, everybody needs a time to rest, recharge. Yom Kippur makes sense as a time to forgive and be forgiven. Rosh Hashanah to start again. Sukkot to get out and celebrate and get close to nature.”
When the couple met, David’s job was making deliveries for his grandfather’s wholesale store in Louisville. For David’s 30th birthday, Diane gave him a set of pigment pencils and the art started flowing out of him. Many of his pieces are concerned with biblical stories — like his mosaic of Jonah emerging onto the shores of Nineveh or his rainbow colored print of Balaam and his donkey — and he refers to them as “visual midrash.”
Unsure what to do with his art, David went to the Hillel at Indiana University Bloomington to see if the rabbi had any ideas. The rabbi connected him with art professor Mazelle Van Buskirk who was taken with David’s work. She arranged for an exhibit at IU’s School of Fine Arts, making him the first community artist to be given such an honor and kicking off his career.
He has presented his art at Jewish schools and exhibited it at events like the National Hadassah Conference, the Cincinnati Jewish Folk Festival, and the Coalition for Alternatives to Jewish Education. His work has been on the cover of books and Jewish publications. Many of the events that have had the greatest impact on David’s life were unplanned.
“We’ve always lived our lives on miracles,” David told me.
Among these, David said, was Rabbi Shlomo Carlebach, “the Singing Rabbi” who wrote hundreds of liturgical melodies in the 20th century, conducting a (planned) conversion for Diane and an (unplanned) wedding ceremony for the couple in the 80s.
“We went to the mikvah for the conversion,” David told me. “And then he tells us ‘Oh by the way we’re going to marry you Saturday night after Shabbat.’”
Another miracle happened when David met a couple looking for someone to manage 29 acres in Bloomington overlooking Monroe Lake. Nature lovers, the couple quickly took the opportunity to live somewhere they could connect with the earth. David’s admiration for natural forms can also be found in much of his art; the shapes tend to flow and bend.
Over the 46 years that the couple has lived on their property, they’ve turned it into a home base for their Jewish worship and educational group Light of the Nations, which conducts lessons at various synagogues and JCCs through art and music. They host parties for Sukkot and the solar eclipse on their huge lawn, welcoming dozens of visitors.
David said they wanted their home to be a “place where people come out and get close to nature in life and slow down.”
Seventy-five years old and battling blood cancer, David is now spending his time focusing on helping people connect to Judaism in a holistic way and see the beauty that brought him back to religion. He’s slowed down on exhibiting his art, instead working on making sure Light of the Nations’ mission can continue once he is gone and that his art will find a home.
David hopes that people recognize in his art “that there’s this amazing, incredible life force influencing all creation.”
The post He reconnected with Judaism as an adult. With his art, he hopes others do the same. appeared first on The Forward.
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Metropolitan Police investigating abuse of Jewish attendees at London Pride
(JTA) — London’s Metropolitan Police launched an investigation Monday into antisemitic abuse at a Pride parade after videos and pictures circulated on social media showed Jewish participants enduring taunts at Saturday’s event.
The police department said in a statement that officers were “aware of videos circulating online that show antisemitic verbal abuse directed towards attendees” at the parade in central London and that footage was being reviewed to assess whether criminal offenses had been committed. The department added that it “continues to work hard to tackle hate crimes of all types.”
Videos shared online show people carrying rainbow flags incorporating the Star of David being confronted by individuals shouting “Free Palestine.” The harassment escalated with attendees shouting, “Go back to your Zionist homeland,” “You kill Arab children, you kill gay children,” “F*** you, Jew,” and “How many babies did you kill?”
The Jewish Telegraphic Agency reached out to Pride in London for comment. The group had not replied by press time.
The incident comes amid heightened concern over antisemitism in Britain since Hamas’ Oct. 7, 2023, attack on Israel, with a record number of antisemitic incidents reported over the past two years. It also comes as Pride celebrations around the world have been roiled by tensions over Israel and antisemitism.
Pride in London drew tens of thousands of participants and visitors to the Soho neighborhood in the British capital. Some Jewish LGBTQ+ organizations have in recent years chosen not to participate in Pride, citing hostility towards Zionist Jews. But this year, around 150 people marched as part of a Jewish bloc at the event.
Organizers said the return this year followed discussions with Pride in London over Jewish inclusion and commitments that organizers would undertake antisemitism awareness training in partnership with the Community Security Trust, the main security consultant to the Jewish community. Jewish LGBTQ group Keshet UK stated earlier this year that the measures were intended to help ensure Jewish LGBTQ+ participants could march “safely and openly” following concerns raised after Oct. 7.
It was not clear whether the Jewish marchers who endured the abuse were part of the official Jewish bloc – accounts from marchers who stayed with the Jewish bloc were generally positive.
“A few people came and chanted ‘free, free, Palestine,’” Israeli author and LGBTQ+ activist Hen Mazzig told JTA. “They were passing through. And there was another person who was at a cafe and then they came by and they were just staring at us.”
Mazzig shared footage from the event on X, writing, ”My pride is not affected by the opinions of others. I am gay, I am Jewish, and I’m here to stay. Am Yisrael chai.”
Mazzig splits his time between London and Tel Aviv, because his husband is British. He told JTA in a phone interview that Saturday’s incidents “were scary, especially when a Pride parade is supposed to be inclusive.”
Mazzig said that since Oct, 7, circumstances have been exceptionally challenging for the British Jewish community “but specifically for LGBTQ youth that are being forced to choose between their Jewish identity and their queer identity.”
Mazzig claimed that Jewish marchers are not accepted unless they specify that they are anti-Zionist. “Every statement of solidarity with LGBTQ Jews seems to come with a ‘but,’” he said. ‘We support you, but not if you’re physically Jewish, not if you’re supporting Israel. You have to renounce half of your identity first.’ That’s not equality.”
In advance of Saturday’s event, some 650 Met police officers were deployed to enforce “zero tolerance” on hate crimes and to ensure that attendees could “safely and securely” enjoy the parade.
When JTA asked the Metropolitan police why at least two policemen appeared to stand by as Jews were subject to abuse, the Met requested that JTA provide the video in question. After being supplied with the video, the Met later told JTA that it had nothing further to add at this stage but would provide an update if it did.
Mazzig said the Met police should consider the abuse at the parade “shameful and it should alarm everyone.”
He added, “I hope that we stop debating whether or not antisemitism is real and accept it. And that communities that are supposed to be inclusive and pluralistic start taking action.”
The post Metropolitan Police investigating abuse of Jewish attendees at London Pride appeared first on The Forward.
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Israel’s diaspora minister calls Erdogan a ‘grotesque hybrid of Hitler and Sinwar’
(JTA) — Israel’s Diaspora Affairs Minister Amichai Chikli compared Turkish President Recep Tayyip Erdogan to Adolf Hitler and slain Hamas leader Yahya Sinwar in a post on X on Monday.
“We all know how narcissistic power-obsessed fanatics like you begin and how they end. The Jewish people have never feared mere flesh and blood, from Pharaoh until today,” Chikli wrote. “You are nothing but a pathetic blood soaked zero who history will soon forget.”
In the post, Chikli accused the Turkish leader of being a “patron of Hamas and ISIS” and described him as a “grotesque hybrid of Hitler and Sinwar” alongside an AI image of Erdogan in front of a Nazi flag.
Chikli’s post was in response to an address by Erdogan last month, in which the Turkish leader called Zionism a “genocidal occupying expansionist ideology” and said the “struggle” against Zionism was for the “collective survival of ourselves and our nation.”
Long-standing tensions between Turkey and Israel stoked by the war in Gaza have escalated in recent weeks, amid increasing Israeli concerns over the tight ties between Ankara and Washington and the possible sale of advanced American F-35 fighter jets to Turkey. Erdogan, who has consistently voiced support for Hamas, has been one of Israel’s most outspoken international critics.
Chikli’s post followed Israeli Prime Minister Benjamin Netanyahu’s blistering attack against Erdogan during an interview on “Fox & Friends” on Fox News Monday. Netanyahu said Turkey was “governed by a man who calls openly for the annihilation of Israel…and talks openly about conquering Jerusalem.”
The Israeli leader warned against the sale of weaponry to Ankara, portraying Turkey as an aggressive country that didn’t help the U.S. battle Iran. He spoke in advance of U.S. President Donald Trump’s trip to Ankara late Tuesday for a two-day summit of NATO.
“For a regime infected by the Muslim Brotherhood, an extreme movement that hates America and chants ‘death to America’ from that side of the spectrum, I don’t think they should be given F-35’s or the engines for their fighter jets,” Netanyahu told Fox News.
Such a sale would “upset the power balance in the Middle East, which is ultimately guaranteed by Israeli air superiority and … by America’s posture in the Middle East,” Netanyahu said.
Relations between the two regional powers have also been aggravated by the Israeli government’s June 28 decision to recognize the Armenian genocide by the Ottoman Empire during and immediately after World War I.
Turkey has condemned Israel’s recognition of the Armenian genocide. It’s a move so diplomatically controversial that to date, only some 33 countries, aside from Israel, have taken this step, including the U.S. in 2021.
According to Politico, Erdogan said in a public address last week, “We do not give the slightest heed to the slanders about our country from the murder network that has the blood of 73,000 innocent Gazans, most of them children and women, on its hands.”
Israel’s Minister of Foreign Affairs, Gideon Saar, also took aim at Turkey’s foreign minister, Hakan Fidan, during a press conference in Jerusalem Monday, decrying Fidan’s comments to CNN Türk on Friday in which he said that Israel had become a “burden that humanity can no longer bear.”
“The remarks by Turkey’s Foreign Minister are a clear call for genocide,” Saar said. “The Jewish people know all too well what happens when such words are allowed to go unanswered. The first step on the road to genocide is dehumanization.”
The post Israel’s diaspora minister calls Erdogan a ‘grotesque hybrid of Hitler and Sinwar’ appeared first on The Forward.
