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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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US House Passes State Department Funding Bill With $3.3 Billion in Security Assistance to Israel
US House Speaker Mike Johnson (R-LA) speaks to members of the media on Capitol Hill in Washington, DC, US, Nov. 12, 2025. Photo: REUTERS/Elizabeth Frantz
The US House of Representatives in a decisive bipartisan vote passed on Wednesday a sweeping government funding package that includes $3.3 billion in annual security assistance to Israel, underscoring continued congressional support for Washington’s closest ally in the Middle East amid heightened political scrutiny.
The legislation — which combines funding for the State Department and certain national security programs for the Treasury Department and other parts of the government — passed easily by a margin of 341 to 79, reflecting a durable consensus on Capitol Hill that Israel’s security remains a key US strategic interest.
Washington has committed to provide Jerusalem with $3.8 billion in military aid each fiscal year until 2028, according to an agreement signed by the two nations in 2016. The $3.3 billion in aid passed by the House, along with the $500 million given to Israel as part of the US defense budget for anti-missile programs, will meet that total.
The American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US, issued a statement praising lawmakers for passing the legislation, arguing that it bolsters the longstanding relationship between the US and its closest Middle Eastern ally.
“The pro-Israel provisions in this bill further reinforce the bipartisan and ironclad support for the US-Israel partnership in Congress,” AIPAC said. “These resources help ensure that our ally can confront shared strategic threats and that America has a strong and capable ally in the heart of the Middle East.”
The funding for Israel is provided through the Foreign Military Financing program and aligns with the 10-year memorandum of understanding between Washington and Jerusalem. Supporters say the assistance is critical to maintaining Israel’s qualitative military edge, funding advanced missile defense systems, and ensuring the country can defend itself against evolving security challenges.
The House package also includes provisions tightening oversight of US funds directed to the Palestinians and restricting assistance to international bodies viewed by supporters of the bill as hostile to Israel. It further bans funding for the UN Relief and Works Agency (UNRWA), the controversial UN agency responsible for Palestinian refugees and their descendants. The Israeli government and research organizations have publicized findings showing numerous UNRWA-employed staff, including teachers and school principals, are active Hamas members, some of whom were directly involved in the Palestinian terrorist group’s Oct. 7, 2023, massacre across southern Israel, while many others openly celebrated it.
The legislation additionally blocks all funding to the International Criminal Court (ICC), which was founded in 2002 under a treaty giving it jurisdiction to prosecute genocide, crimes against humanity, and war crimes that were either committed by a citizen of a member state or had taken place on a member state’s territory.
Last November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense chief Yoav Gallant for alleged war crimes and crimes against humanity in the Gaza conflict.
Israel has adamantly denied war crimes in Gaza, where it has waged a military campaign to eliminate Hamas following the terrorist group’s Oct. 7, 2023, invasion of and massacre across southern Israel.
The Trump administration has imposed sanctions on ICC judges and those who assist with International Criminal Court (ICC) investigations of American citizens or allies such as Israel in February 2025.
The legislation also allocates $37.5 million for the Nita Lowey Middle East Partnership for Peace Act, a 2020 US law issuing a maximum of $250 million over five years for initiatives promoting Israeli-Palestinian peace-building efforts and a two-state solution.
The funding package is making its way through Congress as the future dynamics of the Israel-American military aid relationship remain in flux. Recently, Netanyahu told US reporters that he plans on weaning Israel off US support over the next decade. Sen. Lindsey Graham (R-SC), a stalwart supporter of Israel, responded by announcing he plans on introducing legislation to accelerate the timeline to end US aid to Israel.
The measure now moves to the Senate, where leaders are expected to take it up in the coming weeks. If approved and signed into law, the funding would ensure uninterrupted security assistance to Israel for another year.
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Argentine Doctor Suspended After Threatening to Cut Jewish Throats
Dr. Miqueas Martinez Secchi. Photo: Screenshot
A doctor in Argentina has been suspended from his job at a hospital in Buenos Aires after posting antisemitic messages on social media that included explicit calls for violence against Jews.
The suspension of Miqueas Martinez Secchi, a resident physician specializing in intensive care at José de San Martín Hospital in La Plata, marks yet another example of rising antisemitism in health-care settings across the West.
“Instead of performing circumcision, their carotid artery and main artery should be cut from side to side,” Secchi wrote in one post.
The medical professional’s antisemitic online activity was exposed by journalist and commentator Dani Lerer, who posted the graphic messages on the social media platform X.
El @miqveas_ que llama a cortar la yugular de los judíos, y que borró su cuenta, es residente de terapia intensiva del Hospital General José de San Martín de La Plata.
Imagino que ya mismo tomarán cartas en el asunto las autoridades, pero que las redes hagan lo suyo. pic.twitter.com/luCjZbedar
— Dani Lerer (@danilerer) January 12, 2026
The posts prompted widespread outrage, leading Secchi to delete his social media account — but not before other users were able to save screenshots.
Buenos Aires Province Health Minister Nicolás Kreplak released a statement responding to the incident.
“Any aggressive message or one showing a lack of respect for human life is incompatible with health care practice and particularly with medicine. They are fundamental values of training as a health professional,” he posted on X. “Health is one of the essential assets of society, and it is indispensable to be firm against any act of discrimination and racism. As is public knowledge.”
Kreplak then referenced Secchi and noted he is under investigation.
“Due to this message, consistent with other previous behaviors that now acquire relevance, the resident doctor at Hospital San Martín de La Plata who made those public statements is suspended and in an administrative and judicial investigation process, in order to conduct an evaluation under an ethical, technical, and professional committee that will determine whether it is appropriate or not for them to resume their training process,” the minister said.
The incident in Argentina continues an alarming pattern of rampant antisemitism in health care across the Western world which has left Jewish communities feeling unsafe and marginalized.
In November, for example, a Jewish columnist from Amsterdam said she was denied medical care by a nurse who refused to remove a pro-Palestinian pin shaped like a fist.
Elsewhere in the Netherlands, local police opened an investigation into Batisma Chayat Sa’id, a nurse who allegedly stated she would administer lethal injections to Israeli patients.
In Italy, two medical workers filmed themselves at their workplace discarding medicine produced by the Israeli company Teva Pharmaceuticals in protest of the Jewish state and the war in Gaza.
In Belgium, a local hospital suspended a physician after discovering antisemitic content on his social media, including a cartoon showing babies being decapitated by the tip of a Star of David and an AI-generated image depicting Hasidic Jews as vampires poised to devour a sleeping baby.
The same doctor came under fire after he recently diagnosed a nine-year-old patient by listing “Jewish (Israeli)” as one of her medical problems on his report.
Several such incidents have occurred in the United Kingdom, where British Prime Minister Keir Starmer unveiled a new plan in October to address what he described as “just too many examples, clear examples, of antisemitism that have not been dealt with adequately or effectively” in the country’s National Health Service (NHS).
One notable case drawing attention involved Dr. Rahmeh Aladwan, a trainee trauma and orthopedic surgeon, who police arrested on Oct. 21, charging her with four offenses related to malicious communications and inciting racial hatred. In November, she was suspended from practicing medicine in the UK over social media posts denigrating Jews and celebrating Hamas’s terrorism.
That same month, UK Health Secretary Wes Streeting called it “chilling” that some members of the Jewish community fear discrimination within the NHS, amid reports of widespread antisemitism in Britain’s health-care system.
Incidents in the UK included a Jewish family fearing their London doctor’s antisemitism influenced their disabled son’s treatment. The North London hospital suspended the physician who was under investigation for publicly claiming that all Jews have “feelings of supremacy” and downplaying antisemitism.
In Australia, two nurses filmed themselves bragging online about refusing to treat Israelis, making throat-slitting gestures, and boasting of killing Jews. Both lost their licenses and now face criminal charges.
A US-born Jewish woman who moved from Israel to Australia six years ago told The Algemeiner last year that she no longer feels safe in hospitals given the atmosphere of heightened antisemitism.
“In the past year alone, my little boy has witnessed many hostile protests where ‘anti-Zionists’ have actually come into the Jewish community without permits to intimidate us. Time and time again, instead of [authorities] dispersing and arresting anyone in the crowd for screaming racial slurs and threats, Jews are asked to evacuate and told if they don’t run away, they are inciting violence,” the woman said.
“Now they actually brag online about killing Israeli patients,” she continued, referring to the case in Australia. “I don’t know how safe I would feel giving birth at that hospital.”
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US Appeals Court Says Decision to Free Mahmoud Khalil Lacked Jurisdiction, Opens Door to Rearrest
Anti-Israel activist and former Columbia University student Mahmoud Khalil marching with followers in New York City on June 22, 2025. Photo: Reuters Connect
A US federal appeals court ruled on Thursday that a lower court judge lacked the authority to order the release of a prominent anti-Israel activist who helped stage riotous demonstrations on New York City college campuses.
Mahmoud Khalil, an Algerian citizen born in a Palestinian refugee camp in Syria, was detained by the Trump administration in March after federal agents arrested him at his Manhattan apartment for what the Department of Homeland Security described as “activities aligned to Hamas, a designated terrorist organization.” The State Department also alleged that Khalil was supporting Hamas and argued his residing in the US posed “serious adverse foreign policy consequences.”
Immigration officials moved Khalil to New Jersey, leading his case to be transferred there to US District Judge Michael Farbiarz.
Khalil was held without charge for more than 100 days at a facility in Louisiana administered by US Immigration and Customs Enforcement, until Farbiarz ordered his release in June, ruling that the government failed to prove he posed a threat and suggesting the detention may have violated his First Amendment rights.
On Thursday, however, a three-judge panel of the Philadelphia-based 3rd US Circuit Court of Appeals ruled 2-1 that the lower court lacked “subject-matter jurisdiction” under federal immigration law to halt the Trump administration’s effort to deport Khalil.
According to the appeals court, the district court that considered his lawsuit was not the proper forum to address Khalil’s claims, which should have been heard through an appeal of a removal order from an immigration judge in accordance with the Immigration and Nationality Act (INA).
The ruling stressed that Khalil lacks legal standing to challenge the government’s decision to deport him before his case has been adjudicated in immigration court, adding that the INA does not allow for a petition to review (PFR) the case at the federal level at this time.
“The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on — in a petition for review of a final order of removal,” an opinion issued by the majority says. “That scheme ensures that petitioners get just one bite at the apple — not zero, or two. But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government or conduct.”
It added, “Because Khalil raises legal questions that a PFR court can meaningfully review later on, the INA bars him from attacking his detention and removal in a habeas petition.”
In a statement, Khalil was defiant even as he faces the possibility of being again detained.
“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability,” he said. “I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
Additionally, his lawyers, provided by the American Civil Liberties Union (ACLU), vowed to exhaust “every available avenue,” which may include a petition for his case to be decided by the US Supreme Court.
Speaking to Fox News, the Trump administration commended the decision, saying, “Mahmoud Khalil was given the privilege of coming to America to study on a student visa he obtained by fraud and misrepresentation. As we have always maintained, the executive branch has the lawful authority to take actions that will protect the public and to ensure the integrity of our immigration system.”
Beyond Khalil’s alleged pro-Hamas activities, the US government has maintained that its action was warranted by his lying to obtain a green card. In court documents it charged that Khalil did not disclose that he had interned for the United Nations Relief and Works Agency (UNRWA), a group that was found multiple times to have been breached by Hamas members, and also concealed key details about another position he held at the British embassy in Beirut, Lebanon. Khalil, the government added, also did not inform immigration officials about his leadership role in the notorious “Columbia University Apartheid Divest” (CUAD) group.
As previously reported by The Algemeiner, CUAD perpetrated illegal building occupations and severe infrastructure sabotage while Khalil participated in a graduate program at Columbia University in the months after the Hamas-led Oct. 7, 2023, massacre across southern Israel. The acts stunned Columbia’s campus, prompting fears of imminent revolutionary-style violence on campus even as Jewish students and faculty received antisemitic hate mail and death threats.
The Department of Homeland Security initially arrested Khalil while acting on an executive order issued by President Donald Trump which called for the deportation of foreign nationals who cause antisemitic hate incidents. A major provision of the order calls for the deportation of extremist “alien” student activists, whose alleged support for terrorist organizations, intellectual and material, such as Hamas supposedly contributed to fostering antisemitism, violence, and property destruction on college campuses.
Khalil has refused to condemn Hamas and even once denied that antisemitism at Columbia University required a policy response from school officials.
“I would say there is manufactured hysteria about antisemitism at Columbia because of the protests,” Khalil told Ezra Klein in an interview with The New York Times last year. “There are incidents here and there. But it’s not like antisemitism is happening at Columbia because of the Palestine movement … This is why I always push back. I have a strong belief that antisemitism and anti-Palestinian racism rise together because the same groups are perpetrating that in different ways.”
Khalil then went on to assert some of the very claims prompting accusations of antisemitism in the anti-Israel movement, accusing the Jewish state of “genocide” while arguing that the accusation is aimed at making pro-Israel supporters “uncomfortable” and defending the terrorist-led Palestinian intifadas.
“I don’t want to sanitize history,” Khalil continued. “Like I told you, the second intifada involved violent acts, but overwhelmingly, they were peaceful.”
Over 1,000 Israelis were killed in the early 2000s during the second intifada, when Palestinian terrorists ramped up violence targeting Israelis that included suicide bombings, shootings, and stabbings.
As previously reported by The Algemeiner, pro-Hamas activists at Columbia produced several indelible examples of campus antisemitism, including a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself, brutal gang-assaults on Jewish students, and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
CUAD was among the most strident pro-Hamas organizations on campus and once promoted itself by distributing literature which called on students to join Hamas’s movement to destroy Israel and America.
“This booklet is part of a coordinated and intentional effort to uphold the principles of the thawabit and the Palestinian resistance movement overall by transmitting the words of the resistance directly,” said a pamphlet distributed by CUAD, a Students for Justice in Palestine (SJP) spinoff, to incoming freshmen. “This material aims to build popular support for the Palestinian war of national liberation, a war which is waged through armed struggle.”
Other sections of the pamphlet were explicitly Islamist, invoking the name of “Allah, the most gracious” and referring to Hamas as the “Islamic Resistance Movement.” Proclaiming, “Glory to Gaza that gave hope to the oppressed, that humiliated the ‘invincible’ Zionist army,” it said its purpose is to build an army of Muslims worldwide.
“We call upon the masses of our Arab and Islamic nations, its scholars, men, institutions, and active forces to come out in roaring crowds tomorrow,” it added, referring to a then-upcoming event. “We also renew our invitation to the free people and those with living consciences around the world to continue and escalate their global public movement, rejecting the occupation’s crimes, in solidarity with our people and their just cause and legitimate struggle.”
Columbia University denounced the group in 2025 as a part of a rollout of policies to combat antisemitism and unauthorized demonstrations which disrupted academic life.
In a statement issued in July, university president Claire Shipman said the institution will hire new coordinators to oversee complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Follow Dion J. Pierre @DionJPierre.