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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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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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After New York stabbing, Netanyahu says Mamdani is making Jews less safe
Israeli Prime Minister Benjamin Netanyahu accused New York City Mayor Zohran Mamdani of “fomenting” hate and making Jews less safe through his fierce criticism of Israel. Netanyahu suggested the mayor’s rhetoric on the Gaza war contributed to the climate that led to Thursday’s stabbing of an Orthodox man outside a Manhattan synagogue.
“I don’t think it’s accidental that after he made this hate speech against Israel and against me, the next day a Jew is stabbed coming out of a synagogue,” Netanyahu said Sunday morning on Fox News.
Authorities said the suspect, Jose Morales, 51, allegedly yelled “Allahu Akbar” as he stabbed an Asian man in the back with a knife and an Orthodox man in the torso with a screwdriver before being subdued and arrested. Morales was arraigned Friday on several hate crime charges and was held without bail. Both victims were hospitalized and are expected to recover.
Investigators have not publicly linked the suspect’s motives to the mayor’s comments in a video address last week conceding he did not have the authority to arrest Netanyahu when he visits the city for the United Nations General Assembly in September, while also calling Netanyahu a war criminal and accusing him of orchestrating a genocide. Mamdani encouraged New Yorkers to protest instead.
The controversy has also been fueled by reports that members of Mamdani’s inner circle believed long before the legal review was completed that the city lacked the authority to arrest Netanyahu. Despite that, Mamdani proceeded with the review and used a mayoral address to announce the legal conclusion while renewing his criticism of the war in Gaza. Critics say the episode was a calculated political move aimed at energizing the pro-Palestinian and progressive base that helped elect him. The speech drew more than 200 million views across social media.
Speaking outside the Manhattan synagogue on Friday, Jewish leaders and some prominent rabbis expressed concern that the comments risked endangering Jewish New Yorkers, the largest concentration of Jews in the United States.
Netanyahu escalated his feud with Mamdani by directly linking the mayor’s embrace of the International Criminal Court’s case against him to the rise in antisemitism. “I speak to Jewish Americans in New York, and they’re afraid right now,” Netanyahu said. “I speak to quite a lot of my friends, and they say, ‘Look, it’s like a different world. We’re afraid to go into the streets. We certainly do not want to wear yarmulkes or any clothing that would give away that we’re Jews.’”
The Israeli leader further accused Mamdani of “basically supporting” Hamas, despite the mayor describing the Oct. 7, 2023, attack on Israel as a “horrific war crime” that should be opposed “with every single fiber of our being.” Asked on Thursday whether he considers the Hamas massacre a genocide, Mamdani stopped short of using that term.
“The genocide charge belongs to our enemies,” Netanyahu said in the Sunday interview. “What we are doing is try to fight this genocidal terrorist organization that embeds itself among civilians.”
Netanyahu (6 minutes ⬇️) accuses Mamdani of fueling antisemitism by embracing ICC case:
“He’s fomenting hate… I speak to Jewish Americans in New York, and they’re afraid right now. And I don’t think it’s accidental that after he made this hate speech against Israel and against… pic.twitter.com/qjb5uj4xNM
— Jacob N. Kornbluh (@jacobkornbluh) July 26, 2026
The latest clash shows how the war in Gaza has become one of the biggest political issues of Mamdani’s administration. His outspoken criticism of Israel has won support from progressives but has also deepened tensions with many Jewish leaders, who say his rhetoric has made an already difficult climate even worse. In an interview on Thursday, Mamdani suggested that New Yorkers “have been aghast at this genocide over the last few years, and not only the continued denial of that genocide but also the fact that it continues itself.”
A recent Associated Press survey conducted before Mamdani’s recent comments found that Mamdani, who won just 26% of the Jewish vote in last year’s mayoral election, is viewed more favorably by American Jews than Netanyahu, who is facing a tough reelection in October.
Netanyahu is expected to visit Washington, D.C., on Monday for a meeting with President Donald Trump and attend the funeral of Sen. Lindsey Graham, a close political ally.
Despite acknowledging he cannot arrest Netanyahu, Mamdani has vowed to continue speaking out against the Israeli leader ahead of his expected appearance at the United Nations this fall. Netanyahu said Sunday that he still intends to travel to New York “to speak the truth” and defend Israel before the international body.
The post After New York stabbing, Netanyahu says Mamdani is making Jews less safe appeared first on The Forward.
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Israel’s shameful West Bank front
Two mosques burned in the West Bank on Sunday.
One, in the village of Qusra south of Nablus, was torched and defaced with graffiti reading “Revenge for Benayahu,” referring to Benayahu Mellet, who was killed in the deadly clashes near the village of Tel two days earlier. Another mosque, in the village of Kur, was also set ablaze. Cars were burned. Fields were set on fire. Elsewhere, according to witnesses, extremist settlers blocked a major road, attacked Palestinian motorists, and allegedly did so in full view of Israeli security forces. No arrests were reported.
In the incident on Friday, villagers had confronted armed settlers who had entered the village in a provocation, triggering a gun battle that left two Israelis and four Palestinians dead. The clash was the latest in an escalating wave of settler-Palestinian violence that has killed dozens of Palestinians and wounded hundreds this year, according to the United Nations and the Palestinian Authority — and not denied by Israel.
The images should horrify every Israeli and Jew. Not because they will generate another round of hostile headlines abroad, though they certainly will. Not because Hamas or Iran will exploit them for propaganda, though they will. They should horrify Israelis because they reveal a sickness that has been growing inside the Jewish state for years — one that the Netanyahu government has failed to confront, and some would say abetted.
For all the disasters that have befallen Israel in recent years, few have been as shameful as the tolerance of violent Jewish extremism in the West Bank. This is no longer a matter of isolated “price tag” attacks or a handful of hooligans. It has become a persistent phenomenon that includes the burning of places of worship, attacks on civilians, destruction of homes and farmland, vigilante raids into Palestinian villages, and organized acts of intimidation designed to terrorize entire communities. Sometimes it results in deaths, almost always in material damage, and without exception in reputational damage. Whatever political cause its perpetrators imagine they are serving, they are inflicting immense damage on Israel itself.
Two arrests were reported by Israeli police for the latest widespread mayhem – far from a crackdown; if past is prologue, those detained will soon be released. There have been no known convictions for the murder of Palestinians by radical settlers; a security apparatus that knew the exact location of Iranian leaders could not, apparently, find the perpetrators.
This is a moral failure and a national security disaster. At the very moment Israel is preparing for the possibility of renewed confrontation with Iran, remains engaged against Hamas, and continues to try to deter Hezbollah, it is simultaneously forced to contend with Jewish extremists opening yet another front. Every burned mosque, every unauthorized raid into a Palestinian village, every revenge attack requires soldiers, commanders, intelligence assets, and police resources. Every incident inflames the West Bank precisely when Israel can least afford another arena of instability.
The latest violence illustrates the pattern. And every burned mosque and vigilante actions helps Hamas and strengthens Iranian propaganda. Every assault on innocent Palestinians makes Israel’s diplomatic task immeasurably harder. Israel’s enemies could scarcely invent a more effective narrative than the one Jewish extremists hand them themselves.
Israel’s security establishment understands this better than anyone.
Reserve Major General Gadi Shamni, who commanded the IDF’s Central Command and served as the army’s top officer in the West Bank, warned on Israel Radio that the military has too often looked the other way while influential members of the government have effectively encouraged the radical fringe.
Shamni also described what he sees as the strategic vision animating the most extreme elements of the settler movement: gradually forcing Palestinians into disconnected islands of “Area A” autonomous zones while emptying much of the rest of the West Bank in preparation for eventual annexation.
If that assessment is correct, it represents one of the most cynical political projects imaginable.
Apart from its profound moral implications, it would guarantee perpetual conflict. It would invite international isolation, deepen Israel’s demographic and diplomatic dilemmas, and condemn another generation of Israelis to policing an endless insurgency. It is a blueprint for permanent instability.
Defenders of the government cry foul when settlers are criticized, claiming that the vast majority of them reject violence and are not responsible for the crimes committed by a handful of extremists. This is a misleading presentation.
Sure, most of the half million “settlers” are living in communities close to the pre-1967 border which Israel expects to receive in border swaps as part of any future two-state deal. But the 20% or so living well beyond the “security fence” line, deep inside the West Bank, are another matter.
Many of them are deeply committed ideologues who, in the best-case scenario, envision a future of permanent subjugation of the Palestinians. Moreover, those who dream of the Palestinians leaving altogether, one way or another, are not a handful, as I know very well from countless off-the-record conversations. And the radicals who commit actual crimes are quietly backed by a massive infrastructure that is run by radical Cabinet ministers with real political power. So the violent fringe has acquired influence wildly disproportionate to its numbers — and is serving a vile cause with real support.
That influence is visible not only in the attacks themselves but also in the willingness of prominent politicians to minimize them, excuse them, or rally publicly behind individuals accused of serious violence against Palestinians. Such gestures send a devastating message: that political loyalty may matter more than the rule of law.
It is a tragic indication of the foresight of the late Israeli philosopher Yishayahu Leibowitz, who warned over a half century ago that the occupation will eat away at Israel’s decency and democratic character.
The ideological ancestry of much of this movement leads back to Rabbi Meir Kahane, whose Kach movement was eventually banned from the Knesset because of its openly racist platform. Even former Prime Minister Yitzhak Shamir — a career Likud politician, former underground fighter, and hardly a man of the political left — refused to remain in the Knesset chamber while Kahane spoke.
How far Israel has fallen that ideas once considered beyond the pale increasingly receive sympathy, protection or political indulgence.
The irony is, of course, that those who proclaim themselves the fiercest defenders of Israel are among those inflicting some of its deepest wounds. They weaken Israel’s international standing, strengthen its enemies, undermine society’s resolve, force young Israeli soldiers into impossible situations and stain Judaism itself.
The burned mosques of Qusra and Kur are another indication of what is at stake in the Oct. 27 election. If the opposition comes to power, this will not be tolerated any more.
The post Israel’s shameful West Bank front appeared first on The Forward.
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Troy Jackson wins Maine Democratic Senate nomination, keeps mum on Israel, AIPAC
(JTA) — BANGOR, Maine – Troy Jackson accepted the Democratic nomination for Maine’s U.S. Senate race on Saturday with no mention of Israel, sidestepping an issue that has become a focal point for many Maine Jews as they assess the party’s new standard-bearer.
Jackson secured the nomination in a landslide 566 to 5 vote by delegates at the nominating convention. Saundra Pelletier, the only remaining challenger after the rest of the field dropped out in the days leading up to the gathering, picked up the handful of votes that didn’t go to the winner.
While Jackson took several shots during his acceptance address at Sen. Susan Collins, the incumbent Republican he will now face in the general election, it was Pelletier who used her remarks to specifically malign Collins’ voting record on Israel.
“She voted to increase federal funding in defensive arms for Iran, and did not vote to take moderate measures to hold Netanyahu accountable,” Pelletier said, receiving a chorus from the crowd.
The victory for Jackson came after the state’s former Democratic nominee, Graham Platner, a staunch Israel critic, left the race earlier this month amid a sexual assault allegation, which he has denied. The resulting scramble to replace him upended the Democratic primary and prompted fresh scrutiny from Jewish Mainers of Jackson’s recent evolution on Israel.
Jackson, a former state lawmaker and union advocate, had previously said little publicly about the Israeli-Palestinian conflict during his two-decade career in state legislature. However, during the race to replace Platner, he has embraced the term “genocide” to describe Israel’s war in Gaza and called for an end to U.S. military aid to Israel on his campaign website, both positions championed by Platner before his exit. Jackson also has said he wouldn’t accept any funding from AIPAC.
But on Saturday, as a sea of supporters sporting his campaign’s blue and yellow “Troy Jackson” t-shirts cheered their new nominee, Jackson omitted any mention of Israel from his remarks. Instead, Jackson reaffirmed his commitments to passing Medicare for all, supporting union rights and restoring abortion rights nationwide, among other issues.
During his address following the decisive victory, Jackson also offered a message to Maine voters who remain on the fence:
“Whether you supported me from the beginning, supported another candidate, or are still deciding what you think of this fifth-generation logger from Allagash,” Jackson said. “I’ve always known this, that your trust has to be earned, and so I want you to hear this directly from me. There is a place in this campaign for all of you. There is work for you in this movement, and I will spend every day, now through November, earning that trust because today we turn the page.”
Amy Fried, a professor emerita of political science at the University of Maine who attended Saturday’s conference as an alternate delegate but did not cast a ballot, said that while she believed Jackson had addressed Israel in the lead-up to Saturday because “a lot of people are interested in the topic,” his speech reflected the issues he had been “concerned about his whole political career.”
“Obviously, he’d have to take votes on foreign policy and funding when he’s in the Senate,” Fried said. “But I think that his main interest is always in issues that have to do with housing and healthcare, you know, all of the matters that are sort of more day-to-day kitchen table issues.”
While Jackson avoided revisiting his recent stances on Israel, which have raised concern among some Jewish voters in Maine, about a dozen pro-Palestinian protesters rallied outside the convention hall in support of his candidacy.
“It’s a really positive step that you have nominated Troy Jackson,” one protester shouted through a megaphone. “I think he’s going to be a strong voice for the kind of values that I believe in and the people of Palestine, the children of Iran, and all the other places the U.S. bombed.”
Ronna Lugosch, a 71-year-old Jewish grandmother and delegate from Round Pond, Maine, said that she was “more excited now than I was before” about Jackson’s candidacy.
Lugosch, who supports Jackson’s stances on Israel, said she hadn’t noticed he had left the topic out of his remarks. “Unfortunately, it’s a sensitive topic, so that’s my guess that maybe he didn’t bring that up because it was just too much,” Lugosch said. “You know, he was being careful.”
Still, Lugosch said that she was “really impressed with all his comments about working people and organizing.”
“I’m going to campaign for him because we need to get rid of Susan Collins,” Lugosch said. “Before it was more of a sort of a defensive stance, but now I’m supportive, and so I feel better about going out into the community.”
This article originally appeared on JTA.org.
The post Troy Jackson wins Maine Democratic Senate nomination, keeps mum on Israel, AIPAC appeared first on The Forward.
