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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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Longtime dean of Ziegler School retiring as Conservative seminary plots new course
Rabbi Bradley Shavit Artson, the longtime dean of Ziegler School of Rabbinical Studies, will retire at the end of the school year, the president of Ziegler’s parent institution said Wednesday, in what may signal a broader transformation of the Los Angeles Conservative seminary.
Jay Sanderson, president of American Jewish University, confirmed the news in a phone interview with the Forward.
“He has served the Jewish world admirably, honorably for more than 25 years, leading an upstanding rabbinical school and making his mark on hundreds of Jewish leaders across the country,” Sanderson said.
Artson, who is also a vice president at AJU, is not leaving the school entirely. Sanderson said he will take on a “more senior role” in the administration of AJU, which also includes graduate schools for education and business. He will also continue teaching as the newly inaugurated Mordecai Kaplan Chair.
Artson did not reply to inquiries Wednesday night.
Sanderson, who became president in May 2025, has been making noise about bigger changes ahead at Ziegler since his arrival. In a podcast interview posted Jan. 15, he said he wanted AJU — which is already nondenominational other than Ziegler — to be “less denominationally driven.”
“What I was alluding to is an idea that has been talked about in the Jewish world for 15 years, that no one, frankly, has the courage to do, which is to create a multi-denominational rabbinical school, teaching 21st century skills, and bringing people across denominations to learn together,” Sanderson told the Forward. (Trans-denominational rabbinical schools do exist, including one in Los Angeles — the Academy for Jewish Religion, California.)
AJU sold its 22-acre hilltop campus prior to Sanderson’s arrival to a neighboring Jewish day school for terms that were undisclosed at the time. Sanderson said Wednesday that while he hadn’t seen the exact documentation, he thought it was between $55 million and $60 million. He said AJU netted very little of that, however, because most of the proceeds went to pay off debt on the campus.
Ziegler has since moved to LA’s Westside, and AJU’s administration — which had planned to stay on campus until 2027 — moved out 18 months early.
Artson, a leading intellectual in the Conservative movement, helped spearhead the push to legalize gay marriage under halacha, or Jewish law. He argued that “committed, permanent, exclusive homosexual relationships between equals” could not have been biblically prohibited because they were unknown until the modern era. The responsa he published in the 1990s making that case is still taught in rabbinical schools today; the Conservative movement did not formally sanction gay marriage until 2012.
And at a time when Jewish Theological Seminary, the Conservative flagship, was seen as cloistered, his arrival at AJU in 1999 — it was then known as the University of Judaism — helped shape its brand of Conservative Judaism as a movement that could be both compassionate and capable of interfacing with the public.
Rabbi Adam Kligfeld, head of Temple Beth Am, a Conservative synagogue in Los Angeles, said hundreds of Ziegler-ordained rabbis and untold numbers of people in their communities have benefited from Artson’s “visionary leadership.”
“His impact is wide and deep and will be felt for a very long time,” Kligfeld said.
In 2024, Artson and Ziegler Vice Dean Rabbi Cheryl Peretz were investigated and cleared by the Conservative movement after they were accused by former students of enabling a toxic culture at the school. A letter from AJU responding to the complaint acknowledged it and pledged “to do better.”
Sanderson, who did not say what the plan was to replace Artson, said that Ziegler students’ response to the news of the dean’s impending departure was mixed.
“I am signaling that we’re going to be looking at things and potentially changing things going forward,” Sanderson said. “So naturally, some of the students were excited, and some of the students were anxious.”
The post Longtime dean of Ziegler School retiring as Conservative seminary plots new course appeared first on The Forward.
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Columbia University Professor Who Praised Oct. 7 Massacre Still Teaching Zionism Course
Pro-Hamas demonstrators at Columbia University in New York City, US, April 29, 2024. Photo: REUTERS/Caitlin Ochs
Columbia University has retained a professor who celebrated Hamas’s Oct. 7, 2023, massacre across southern Israel — where the Palestinian terrorist group sexually assaulted women and men, kidnapped the elderly, and murdered children in their beds — allowing him to teach a course on the history of the Israeli-Palestinian conflict.
As previously reported by The Algemeiner, Joseph Massad, who teaches modern Arab politics and intellectual history, published an encomium to Hamas in The Electronic Intifada which lauded the Oct. 7 atrocities as “astounding,” “awesome,” “incredible,” and the basis of future assaults on the Jewish state. Additionally, Massad went as far as to exalt the Hamas paragliders who flew into a music festival to slaughter the young people attending it as the “air force of the Palestinian resistance.”
“Perhaps the major achievement of the resistance in the temporary takeover of these settler-colonies is the death blow to any confidence that Israeli colonists had in their military and its ability to protect them,” Massad wrote.
Massad went on to boast that an estimated 300,000 Israelis had been displaced from their homes during the attack while mocking the Biblical story of the Exodus, a foundation stone of the Jewish faith which tells the story of the Jews’ escaping slavery in Egypt.
“Reports promptly emerged that thousands of Israelis were fleeing through the desert on foot to escape the rockets and gunfire, with many still hiding inside settlements more than 24 hours into the resistance offensive,” he continued. “No less awesome were the scenes witnessed by millions of jubilant Arabs who spent the day watching the news, of Palestinian fighters from Gaza breaking through Israel’s prison fence or gliding over it by air.”
According to Columbia University’s website, this academic semester Massad will teach a course titled “Palestinian-Israeli Politics and Society,” which “provides a historical overview of the Zionist-Palestinian conflict to familiarize undergraduates with the background of the current situation.” The class will also go over the history of “the development of Zionism through the current peace process.”
The decision to continue allowing Massad to teach a course on the Israeli-Palestinian conflict comes amid Columbia’s insisting that it is combatting antisemitism and ideological bias in the classroom.
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.
Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” the infamous organization Columbia University Apartheid Divest (CUAD), a pro-Hamas campus group which had serially disrupted academic life with unauthorized, surprise demonstrations attended by non-students.
“I would also add that making these announcements in no way suggests we are finished with the work,” Shipman continued. “In a recent discussion, a faculty member and I agreed that antisemitism at this institution has existed, perhaps less overtly, for a long while, and the work of dismantling it, especially through education and understanding will take time. It will likely require more reform. But I’m hopeful that in doing this work, as we consider and even debate it, we will start to promote healing and to chart our path forward.”
Columbia University had, until that point, yielded some of the most indelible examples of anti-Jewish hatred in higher education since Hamas’s Oct. 7, 2023, massacre in southern Israel set off explosions of anti-Zionist activity at colleges and universities across the US. Such incidents included a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself 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.
On Tuesday, Columbia again stated its intentions to combat antisemitism and foster intellectual impartiality, saying it has appointed new officials and monitors to oversee its compliance with a $200 million settlement it reached with the federal government, a resolution which returned some $400 million which US President Donald Trump canceled over allegations it had refused to correct the allegedly hostile environment.
That agreement, as told by Secretary of Education Linda McMahon, called for Columbia to “bring viewpoint diversity to their Middle Eastern studies program.”
On Wednesday, Middle East expert and executive director of Scholars for Peace in the Middle East (SPME) Asaf Romirowsky told The Algemeiner that Massad’s remaining on Columbia’s payroll is indicative of the university’s hesitance to enact meaningful and lasting reforms.
“Joseph Massad is a notorious tenured antisemite who has spent his career at Columbia bashing Israel and Zionism, a poster child for BDS and a scholar propagandist activist. Furthermore, he has shown his true colors time and time again defending Hamas and calling the 10/7 barbaric attack on Israel ‘awesome,’” Romirowsky said.
Noting that Columbia’s own antisemitism task force said in a December report that the institution employs few faculty who hold moderate views on the Israeli-Palestinian conflict, he added, “By allowing Massad to continue teaching and spreading his venom, Columbia is only codifying the dearth of knowledge as it relates to the Middle East. It should take the finding of the report and act upon it by getting rid of the tenured radicals they allowed to hijack the institution.”
Follow Dion J. Pierre @DionJPierre.
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Julie Menin wants to be a bridge in the Mamdani era
Julie Menin, the newly-elected speaker of the New York City Council, understands the significance of becoming the first Jew to lead the city’s legislative body.
“We live in a day with the first Muslim mayor of New York City and now the first Jewish speaker of the Council serving at the same time,” Menin, the daughter of a Holocaust survivor, said in her inaugural speech.
In a recent interview, Menin said she views it as a “historic time for the Jewish community” amid rising antisemitism and tension over the Israeli-Palestinian conflict, and believes it is up to her to “bridge divides, as opposed to the kind of divisiveness that we’ve seen.”
When she was officially selected as speaker – the second-most powerful government position in America’s largest city – Rabbi Joseph Potasnik, vice president of the New York Board of Rabbis, remarked, “In medical terms, the word Menin is a protein that suppresses disease. We need more Menin to stop the spread of this disease of hatred.” Potasnik, who is a veteran chaplain of the fire department and was a member of Mamdani’s transition team, called Menin a leader “who knows the way, who shows the way and who goes the way.”
Menin’s leadership and relationship with Mayor Zohran Mamdani will be tested in the coming weeks as he comes under growing scrutiny from New York’s Jewish community over his anti-Zionist worldview and revocation of executive orders tied to antisemitism and pro-Palestinian protests.
Mainstream Jewish leaders see Menin as a check on the mayor and a potential guardrail on his actions. A recent Honan Strategy Group poll of 848 NYC voters found that 39% want Menin to be a check on Mamdani’s agenda, while 38% want her to fully embrace it.
The Menin-Mamdani relationship faces its first test
In her first legislative move, Menin introduced last week a five-point plan to combat antisemitism that includes a bill that would ban protests around entrances and exits of houses of worship; provide$1.25 million in funding to the Museum of Jewish Heritage; and create a hotline to report antisemitic incidents. Mamdani said he broadly supports the package but expressed reservations about the proposal to establish a 100-foot buffer zone around synagogues. A City Hall spokesperson said the mayor would wait for the outcome of a legal review before taking a position.
Mamdani told the Forward on Wednesday he has yet to discuss the specifics of the bill and would veto it if he determines it’s illegal. “I wouldn’t sign any legislation that we find to be outside of the bounds of the law,” he said.
Menin, who has already appeared several times alongside Mamdani — including in a social media clip promoting new public restrooms — said that, given her career as an attorney and her experience serving in a senior role at the New York City Law Department, she would not have introduced legislation that lacks legal standing.
“I feel very confident that the bills that we are going to put forward absolutely meet that legal muster,” she said. Menin declined to say whether she would seek to pass it with a veto-proof majority to get it signed into law, but said that her private conversations with Mamdani on the matter have been productive.
“I feel we’re going to have very broad-based support in the council,” she said. “They do not infringe upon the peaceful right to protest, but they do ensure that both congregants and students can enter and exit their respective facilities without intimidation and harassment. And I look forward to continuing to have productive conversations with the mayor on this topic.”
Menin will also be talking with a powerful group of progressive members, all of whom backed her bid for speaker. The body’s progressive caucus now includes 24 members, two short of a Council majority. The Jewish Caucus, which Menin attended last week, has seven members.
The Council is expected to vote on the set of bills at next month’s meeting.
Menin said passing the plan on an “aggressive and fast timetable” is crucial. “It’s obviously very important to call out antisemitic incidents as soon as they happen,” she said. “But we need far more than words. This is real decisive action to combat antisemitism.”
Fighting antisemitism and hate
Menin said she has a record of confronting antisemitism in public life.
When she was first elected to the City Council in 2021 — after serving as the city’s census czar during the 2020 count — she devoted her first town hall meeting to the issue. The virtual forum, attended by hundreds of constituents, brought together antisemitism experts and law enforcement officials to discuss how to report and prevent hate crimes. The meeting followed two incidents in her Upper East Side district. One involved a social media post by a popular comedy club that likened COVID-19 vaccination mandates to the Holocaust. Menin’s condemnation prompted a defamation lawsuit against her, which was dismissed. The other was the discovery of a swastika stamped on a $100 bill withdrawn from an ATM by a local woman.
Menin stressed the need to build relationships with other faith communities and “take the temperature and the rhetoric down” by focusing on “our commonality of spirit, not the differences.”
When she served as chair of the Community Board 1 in the 2000s, Menin supported the Islamic Cultural Center near Ground Zero, despite facing significant opposition and death threats. Menin mentioned in the interview a Muslim high school student in her district who formed a Muslim-Jewish club with a Jewish best friend after the Oct. 7, 2023 Hamas attack on Israel as an example of shared values.
Menin said she will continue the tradition of leading a City Council mission to Israel during her tenure, a contentious issue in recent city elections. In 2021, the Democratic Socialists of America local chapter required candidates who sought their endorsement to pledge not to travel on a sponsored trip to Israel. Her predecessor, Adrienne Adams, was the first speaker to break that tradition, in 2022, citing budget negotiations.
Favorite dish at the Shabbat table
Menin is an active member of Central Synagogue, a Reform congregation in Midtown Manhattan.
Her mother, Agnes Jacobs, and grandmother survived the Holocaust hiding in a cellar in Hungary, and her grandfather was killed. They first lived in Sydney, Australia for 6 years and then settled in a rent-controlled apartment in New York City’s neighborhood of Yorkville, known as “Little Hungary.”
Her favorite dish on the Friday night dinner table is palaschinta, a Hungarian crepe, using the toppings her grandfather liked — apricot jam and walnuts, and layered with chocolate.
Her bagel choice: sesame with scallion cream cheese.
The post Julie Menin wants to be a bridge in the Mamdani era appeared first on The Forward.