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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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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.
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A narrowed Michigan Democratic Senate race leaves Jewish voters with a stark choice
(JTA) — When Michigan state senator Mallory McMorrow suspended her campaign for the U.S. Senate on Sunday, some progressive Jews were bereft.
“I’m still in mourning,” Eve Mokotoff, a public health expert who had been advising McMorrow’s campaign on issues including Jewish ones, told the Jewish Telegraphic Agency the next day. “You have to understand, I was sobbing yesterday.”
McMorrow, who is married to a Jewish man and raising a Jewish child, had sought to carve a progressive identity in the state while taking on the far left, particularly on Jewish issues and Israel.
Now with her out of the primary, the race is down to two candidates with polar opposite visions of the Democratic party’s future — particularly on Israel policy — battling over a seat that the party must retain if they hope to flip the Senate in November.
The race will inevitably be seen as a bellwether for the party’s larger orientation on Israel.
The sharp reorientation of the party in the recent years to embracing Israel-critical policies will be exacerbated by the specific dynamics of Michigan. A state home to large Jewish and Arab/Muslim populations weathered the attack at Temple Israel in West Bloomfield, outside Detroit, earlier this year and in 2024 saw the rise of the Uncommitted movement that pressured party leaders over Gaza.
Dr. Abdul El-Sayed, a former county health director who has grassroots momentum in the state, has said the Israeli government is as “evil” as Hamas and made headlines for campaigning with streamer Hasan Piker, an anti-Israel hardliner. His opponent, U.S. Rep. Haley Stevens, has accepted backing from AIPAC, whose affiliated super PAC has spent over $10 million on the race according to Federal Election Commission disclosures, at a time when the pro-Israel behemoth is historically unpopular among Democrats.
Neither campaign’s representatives responded to JTA requests for comment for this story, though both have issued statements reaching out to McMorrow supporters since she left the field. Mokotoff described the new playing field as “a terrible choice.”
“I don’t trust either of them,” she said. “You either have someone whom I completely don’t trust, or someone who can be completely manipulated by the state of Israel.”
For many of the state’s other estimated 129,000 Jews, the choice is less difficult. While analysts are torn on what McMorrow’s exit from the race will mean for each candidate, Jewish Democratic leaders — and some clergy — in the state are coalescing around Stevens.
Michigan Attorney General Dana Nessel, who is Jewish and a close ally of Gov. Gretchen Whitmer, endorsed Stevens following McMorrow’s announcement. “Haley cares deeply about the needs of her constituents,” Nessel wrote in her announcement.
The Michigan Jewish Democratic Caucus had already endorsed Stevens, as well — but it had been close between her and McMorrow, the group’s chair told JTA.
“The Jews that I know, my sense is that if they were supporting Mallory, they’re going to support Haley at this point,” Jessica “Decky” Alexander, the caucus’s chair, told JTA.
While Alexander added that she could “still see myself supporting” El-Sayed if he wins the nomination, some Jewish clergy in the state have sounded loud alarms about his candidacy.
“For many Michigan Jews, the Democratic primary race for senator feels like an existential moment,” Rabbi Aaron Starr, of the historic Conservative Congregation Shaarey Zedek in the Detroit suburb of Southfield, told JTA. “We pray that our neighbors and fellow Michigan residents will vote to reject extremism and the kind of rhetoric that leads to violence.”
Along with his fellow Shaarey Zedek clergy, Starr authored a letter to congregants in June urging them to support “the candidate whose record, actions, and rhetoric demonstrate the strongest commitment to protecting Jewish lives by combating antisemitism, seeking federal security funding for American Jewish communities, and supporting Israel’s security and right to exist as a Jewish state.”
“As a clergy team, we agreed that we cannot remain silent if our voice might encourage people to prioritize protecting Jewish lives,” Starr told JTA.
The letter, which invoked the Book of Esther, did not name Stevens or any other candidates. But to JTA, Starr called Stevens “an ongoing friend of the Jewish community” who “personally reached out to me after October 7,” referring to the 2023 Hamas-led massacres in Israel that launched the Gaza war. El-Sayed — whom Starr said he has “heard nothing from” — has publicly expressed doubt that Israel should be a Jewish state.
Now that the race had narrowed, Starr said, “We are hoping that it is now even more likely that the November election will see two candidates who recognize Israel’s right to exist as a Jewish and democratic state, who support Israel’s right to defend itself when under threat, and who will be committed to protecting American Jews in Michigan and around the U.S.” The likely GOP nominee is Mike Rogers, a former congressman known for his pro-Israel outlook.
While El-Sayed often welcomes the Jewish community at his rallies, his comments on local radical behavior affecting Jews have also caused controversy. He angered Jewish leaders, including a rabbi at Temple Israel, when he issued a statement about the attack at that congregation that mentioned Israel’s war in Lebanon.
In recent weeks El-Sayed also suggested that a group of pro-Palestinian protesters at the University of Michigan, recently arrested by federal authorities and accused of plotting attacks against university officials, were politically targeted.
“It’s a lot more about what you’re advocating for that gets you indicted or not indicted, rather than what you did,” El-Sayed told a rally of supporters about the indictments last month, according to the Detroit News. One of the arrested protesters had briefly worked for El-Sayed’s campaign.
His campaign has amplified the voices of Jewish supporters, including former U.S. Rep. Andy Levin, who lost his reelection bid in a redrawn district to Stevens in 2022 after AIPAC backed Stevens.
El-Sayed’s campaign has also launched a Jews For Abdul affinity group. The group’s mission statement says the candidate “correctly recognizes that the Israeli government does not speak for all Jewish people, or even for all Jewish citizens of Israel,” and “has properly characterized Israel’s US-enabled genocide in Gaza to be among the most immoral events of our time.”
An El-Sayed campaign spokesperson did not respond to a JTA inquiry about how big the group is. Alexander, the state’s Jewish Democratic Caucus chair, said she believed it was “a very small faction.”
Nationally, the Jewish Democratic Council of America, which had endorsed both McMorrow and Stevens, reaffirmed its commitment to Stevens on Monday. Meanwhile, J Street, the liberal pro-Israel lobby, had backed McMorrow. In a statement Monday to JTA, the group did not endorse a new candidate.
“We are grateful to her for the campaign she ran and the nuance she infused into this race,” Tali deGroot, vice president of political and digital strategy, told JTA. “We hope the next Senator from Michigan will be an advocate for peace and diplomacy in the Middle East and will recognize the need for a new U.S. policy toward Israel.”
A new super PAC formed to counter AIPAC’s influence signalled in a statement on Sunday that it was prepared to get more directly involved in the race on El-Sayed’s behalf. American Priorities PAC told reporters it was “fully committed to seeing Abdul El-Sayed become the Democratic nominee for Senate in Michigan, and we will do what it takes to get there.”
Representatives for El-Sayed and American Priorities PAC did not respond to questions from JTA about whether the candidate, who has said he would reject all PAC funding, would accept American Priorities’ financial support.
The post A narrowed Michigan Democratic Senate race leaves Jewish voters with a stark choice appeared first on The Forward.
