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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 Sen. Rand Paul’s Son Apologizes After Drunken Antisemitic Insults Against Catholic Congressman
US Sen. Rand Paul (R-KY) is trailed by reporters as he arrives for the weekly Senate Republican caucus luncheon at the US Capitol in Washington, US, May 22, 2018. Photo: REUTERS/Jonathan Ernst
William Paul, the adult son of frequent Israel critic US Sen. Rand Paul (R-KY), has apologized following reports that he made antisemitic and homophobic statements while defending Rep. Thomas Massie (R-KY) to Rep. Mike Lawler (R-NY) at a Capitol Hill restaurant on Tuesday evening.
NOTUS reporter Reese Gorman witnessed the encounter at Tune Inn and wrote that the younger Paul, 33, sat a few seats down from Lawler at the bar when he introduced himself and told the congressman that if Massie lost in his upcoming primary, “your people” would be responsible.
Lawler, an Irish Catholic, asked, “My people?”
This prompted Paul to say, “Yeah, you Jews.”
Lawler then clarified his religious background, saying, “Do you think I’m Jewish? I’m not.”
Paul apologized for his error, replying, “Oh wow, I’m so sorry for calling you a Jew.”
Lawler later told reporters the comment was “just a remarkable statement in and of itself,” adding that “at one point, you know, said that he hates Jews and hates gays and doesn’t care if they die. And I think that’s f**king disgusting.”
Lawler told the New York Post that he responded to Paul mistakenly identifying him as a Jew with, “And even if I was, what’s the problem?”
“Then he got into the Middle East,” the lawmaker recounted. “And he was talking about, like, us trying to steal Iran’s land for the Jews and steal the West Bank, and I’m like, ‘What are you talking about?’”
Paul then reportedly proclaimed Jews were “un-American” and more loyal to Israel. Lawler argued back against Paul’s dual-loyalty accusations and accused him of being antisemitic.
“Paul Singer serves Israeli interests, not American interests,” Paul also said during the encounter, referring to the billionaire Republican donor and prominent Jewish supporter of pro-Israel causes.
Singer has supported Ed Gallrein, a retired Navy SEAL challenging Massie in Kentucky’s 4th Congressional District.
A new campaign ad that aired in Kentucky this week and was sponsored by Hold the Line PAC, a group backing Massie, characterized Singer as a “pro-trans billionaire” and featured a rainbow-colored Star of David behind his image while attacking Gallrein’s allies.
Critics condemned the imagery as antisemitic, arguing it invoked longstanding tropes about Jewish financial influence and used Jewish symbolism in a way designed to inflame cultural resentment.
Massie himself has been a fierce critic of Israel, condemning its military operations in Gaza and Lebanon and arguing that the Jewish state has targeted civilian infrastructure and should not receive assistance from the US.
US President Donald Trump has endorsed Gallrein and actively campaigned against Massie, who like Paul’s father is a libertarian-leaning Republican known for frequently breaking with party leadership and advocating an isolationist foreign policy.
During his outburst this week, the younger Paul also urged Lawler to watch far-right podcaster Tucker Carlson more and claimed that Massie and his father were the only legislators who care about America. In multiple postings on X, Paul promoted “Save the Republic Money Bomb” donations for Massie.
In December 2023, Massie sparked condemnation for posting a meme suggesting that Congress was more loyal to Zionism than “American patriotism.”
In recent years, meanwhile, Carlson has emerged as the leading anti-Israel commentator on the American political right, routinely advancing conspiracy theories condemning the Jewish state while heaping praise on Qatar, the longtime supporter of Hamas and the Muslim Brotherhood.
Tuesday’s exchange concluded with Paul performing an obscene gesture.
Lawler responded by asking, “Did you just give me the middle finger?”
Paul replied, “I’m sorry, yeah, I did. I’m just really drunk. I’m going to leave.” He reportedly stumbled on his way leaving the bar.
Paul attempted to apologize on X on Wednesday from his @TastyBrew1776 account, writing, “Last night, I had too much to drink and said some things that don’t represent who I really am. I’m sorry and today I am seeking help for my drinking problem.” He has struggled with his alcohol use before, pleading guilty to a drunk driving charge in 2015.
Rabbi Uri Pilichowski responded to the apology.
“You don’t just have a drinking problem, you have a Jew-hating problem,” he posted. “The Jewish sages taught, ‘Wine goes in, and secrets come out.’ You need some Jewish friends so you can correct your image of Jews.”
Conservative columnist Bethany Mandel, an advocate for Jewish outreach to antisemites, responded with an invitation to Paul, asking him, “Care to come for Shabbat dinner sometime?”
Addressing the admission of excessive drinking, Lawler told reporters, “That’s not an excuse for that type of hatred and vitriol. It’s my fourth year in Washington; that was arguably the most shocking thing I’ve witnessed.”
Lawler explained how he saw the encounter in the context of today’s rising antisemitism.
“But I mean, look, I think it speaks to a larger issue, obviously, in society and what we’re seeing among young people and what we see online,” he said. “And this is the level of hatred and vitriol, frankly, that some of my Jewish colleagues experience, but many of my constituents experience.”
Paul’s father chose not to comment on his son’s antisemitic outburst, saying to reporters on Wednesday only, “I don’t have anything for you.”
He and Massie have both faced substantial criticism for their positions on Israel.
On numerous occasions, Massie voted as the lone Republican in the House opposing bills supporting Israel and denouncing antisemitism. In October 2023, he voted against House Resolution 771, which stated that Congress “stands with Israel as it defends itself against the barbaric war launched by Hamas and other terrorists” and “reaffirms the United States’ commitment to Israel’s security.” In September 2021 he was likewise the sole Republican to oppose the Iron Dome Supplemental Appropriations Act.
In May 2022, Massie earned the distinction of being the only member of Congress to oppose a resolution honoring Jewish Americans’ heritage and denouncing a rise in antisemitic violence. He also distinguished himself further on Nov. 28, 2023, as the only legislator to vote against a resolution reaffirming Israel’s right to exist.
In January 2024, former South Carolina Gov. Nikki Haley condemned Massie as “the most anti-Israel Republican in Congress” and challenged her primary rival Florida Gov. Ron DeSantis to denounce his support.
Paul has also faced opposition for his actions against the Jewish state. In November 2018, he blocked two bills to continue military funding of Israel. Then-Florida Sen. Marco Rubio said then that “at a time when Israel faces unprecedented threats, blocking a bipartisan bill that empowers the US to stand with Israel is inexplicable.” Paul claimed that he supported Israel and that his move was intended toward encouraging the Jewish state to support its own defense.
Former Texas Rep. Ron Paul — the father of Rand and grandfather of William — has faced accusations of bigotry for decades, originating in his decision to publish a series of 1980s newsletters bearing his name which promoted racism, antisemitism, homophobia, and conspiracy theories, including one since identified by analysts as disinformation deployed by the KGB accusing the United States of creating the AIDS virus.
According to former Cato President Ed Crane, Ron Paul once told him that “his best source of congressional campaign donations was the mailing list for the Spotlight, the conspiracy-mongering, antisemitic tabloid run by the Holocaust denier Willis Carto.”
Rand has previously spoken fondly about the influence of one of his father’s antisemitic mentors, Murray Rothbard, the founder of the anarcho-capitalist and paleo-libertarian traditions who frequented the Paul family’s dinner table. During his career, Rothbard promoted Holocaust deniers, used antisemitic slurs in private correspondence, called for abolishing the Constitution to return to the Articles of Confederation, and urged Republicans to support former Ku Klux Klan leader David Duke.
“I have one of the largest Jewish populations anywhere in the country in my congressional district, and I’m not going to stop standing up for my constituents,” Lawler told reporters. “I’m going to stand up for the Judeo-Christian values that are at the core of our nation, our Constitution, and our rule of law, as I reminded Mr. Paul.”
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Israel to Extend F-35 Flight Range in Push to Build Up Military Force
A US Marines F-35C Lightning II is staged for flight operations on the flight deck of the US Navy Nimitz-class aircraft carrier USS Abraham Lincoln in support of the Operation Epic Fury attack on Iran from an undisclosed location March 3, 2026. Photo: US Navy/Handout via REUTERS
Amid a multi-front conflict and a broader drive to bolster its military capabilities, Israel has signed a new contract with Elbit Systems subsidiary Cyclone to develop an extended-range capability for the F-35 Lightning II, marking its latest effort to extend the aircraft’s operational reach and endurance.
On Thursday, Israel’s Defense Ministry announced it signed a $34 million contract with Cyclone to develop and integrate external fuel tank systems for the Lockheed Martin-manufactured platform, aimed at enhancing its operational reach and in-flight persistence during extended missions.
Based on an existing Cyclone design used on F-16 aircraft, the system is expected to reduce reliance on aerial refueling and enhance the Israeli Air Force’s flexibility in long-range operations.
The aircraft integrates stealth capabilities, advanced data fusion, and internal weapons carriage, alongside Israeli-developed electronic warfare, communications, and computing systems that are incorporated into the US-built platform architecture.
Israeli officials said the agreement is part of a broader effort to strengthen domestic defense-production capabilities, improve readiness for a prolonged period of security challenges, and preserve Israel’s regional air and strategic superiority, amid an expanding multi-front conflict against Iran and its regional terrorist proxies.
After more than three years of war, Israel is now expected to increase defense spending over the next decade by roughly $95 billion, on top of an annual defense budget that has already grown from under $27 billion to nearly $40 billion.
Earlier this month, Israel also announced a major expansion of its combat air fleet, effectively doubling its planned procurement of F-35 Lightning II aircraft from 50 to 100, while increasing its next-generation F-15 Eagle fleet from 25 to 50, as part of one of its largest long-term force modernization programs in decades.
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I run The Jewish Theological Seminary. Here’s the real story about President Isaac Herzog speaking at our commencement
Because there have been many public misstatements and mischaracterizations, I believe it is incumbent on me as chancellor of The Jewish Theological Seminary to clarify the facts about our invitation to Israeli President Isaac Herzog to serve as our commencement speaker this year.
Herzog’s leadership and public service reflect the core principles and values that underlie JTS’s enduring commitment to the state of Israel, and to a vision of Zionism that is central to our institution. His life and work, including his advocacy for strengthening Israel’s democracy and his defense of a two-state solution, align with JTS’s mission.
Our seminary’s leadership felt that awarding him an honorary degree, and having our students hear him speak directly to them, would be both a privilege and fully consistent with our love for Israel and the people of Israel. (Herzog can no longer attend the commencement in person, but will be delivering his commencement address virtually, and will receive his honorary degree in person at some date in the future.)
I am proud that JTS serves as a forum for respectful disagreement, which our choice of Herzog as speaker prompted. The Jewish world encompasses a wide range of perspectives, particularly regarding the political situation in Israel. That diversity of thought exists both within our classrooms and beyond. I welcome the voices of those who may disagree.
What is regrettable is the extent to which respectful disagreement has been drowned out by a public media spectacle.
After our initial announcement of Herzog as commencement speaker, six seniors in JTS’s undergraduate dual-degree programs with Barnard College and Columbia University wrote a letter expressing their opposition to our decision.
Those students’ concerns focused on the policies of the Israeli government in its recent wars, and in no way challenged the legitimacy of the state of Israel. They also asked some additional students and alumni of other JTS schools to sign on in support of their objections. This list of supporters included four rabbinical students, three of whom are first-year students.
As too often happens in such circumstances, the letter was shared more widely, without the students’ prior knowledge or consent. This was dismaying to several of the students, who had intended to hand deliver it to me to spark conversation. What should have been a private exchange between students and their administrators escalated in alarming ways.
The authors were publicly criticized, misidentified as rabbinical students, and labeled “anti-Zionist,” including by some parties who purport to care deeply about JTS. Calls were made for their expulsion, and unfounded accusations were directed at their characters.
Few individuals from the community called me for clarification about what was actually transpiring before rushing to judgment publicly. Absent was the principle of “dan l’chav zechut” — that we should assume the best unless proven otherwise. I was deeply saddened by the outcry.
Here’s what actually happened: After I was made aware of this letter, I invited the undergraduates who authored it to meet with me for an extended and honest conversation. What they said in that conversation made it clear that anyone who labels them as anti-Zionist is misguided.
Rather, they are thoughtful individuals whose consciences are deeply troubled by many of the actions of Israel’s current government. Our conversation gave us an opportunity to discuss the role of dissent within a committed community, the importance of understanding the totality of a public figure’s career rather than focusing on isolated statements, and the distinct responsibilities of the offices of prime minister and president of Israel.
We at JTS take our responsibility as educators seriously. First and foremost, we are here to teach our students to engage with difficult issues thoughtfully, navigate disagreement and move forward in constructive and meaningful ways.
But just as important is our obligation to support and defend them when they are portrayed unfairly in public forums by those who do not know them as we do.
We take equal pride in the students who wrote the letter raising concerns about Herzog’s role in commencement, and those who wrote a letter to me expressing strong support for it — a response I heard echoed by many.
As Noam Pianko wrote in the Forward, this kind of thoughtful and respectful exchange about Israel and Zionism at JTS is not new; it is part of a longstanding tradition and precisely the kind of engagement we should continue to foster. One of our students who favored Herzog’s appearance reflected that in our courses, “the focus is not on advancing a single vision of Zionism but on confronting the deep and often irreconcilable disagreements within it. We read competing Zionist thinkers … Each author offers fundamentally different answers to what a Jewish state should be and what it should prioritize.”
We hope the Jewish community joins us in taking pride in the thoughtful young people who are working to navigate a complex Jewish world. By embracing, supporting and educating them, we can help ensure they remain deeply connected to the Jewish community, continue to be nourished by it, and contribute to its future in meaningful ways.
The post I run The Jewish Theological Seminary. Here’s the real story about President Isaac Herzog speaking at our commencement appeared first on The Forward.