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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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Far-right win in German regional race sends shockwaves through Europe
(JTA) —
A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
The post Far-right win in German regional race sends shockwaves through Europe appeared first on The Forward.
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In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza
When Fauda Season 4 ended an eternity and a devastating war ago, our hero was at death’s door, reciting both the central prayer of Judaism, the Shema, and the Muslim Fatiha.
It was a cliffhanger with monumental implications for Doron Kavillio (Lior Raz), an Israeli Jew who spent his days undercover as a Muslim Arab — an identity crisis long in coming. Zoom out and you can see the doomed duality of Israel and Palestine, Jew and Muslim, connected in a cycle of death and more alike than they may seem.
Season 5 begins bilingually, with Hebrew and Arab definitions of the Arabic word Tha’r, blood revenge, “restoring violated honor or avenging injustice.” This concept is now the point of commonality — not how men pray, but how they seek revenge.
Welcome to a post-Oct. 7 Israel. Doron is in therapy, struggling to recall eight missing hours of his life on the day of Hamas’ attack on the Gaza envelope.
Comrades have left the country — Steve (Doron Ben-David) is protecting oligarchs in London, Sagi and Nurit are in Australia. Eli (Yaakov Zada-Daniel) is now Orthodox, living in a settlement and reeling from the murder of his wife and stepchildren at his now-torched kibbutz. When a Bedouin friend, Salem (Bian Anteer) who lost his son in the raid on Eli’s home, approaches him with a tip on the Nukhba fighter responsible, they depart for Marseille to answer the call of Tha’r.
It would hardly be Fauda if this act of vengeance didn’t give way to a much larger plot. Marseille is the staging ground for Saeed el Hatib (French-Algerian actor Hakim Djaziri), “the Sinwar of Europe,” who is recruiting sympathetic, white continentals for a fresh massacre in Israel.
Fauda has always made some viewers uncomfortable. Massively entertaining, bingeable to those of us who stream it in the Netflix aftermarket, its existence was premised on ongoing injustices in the West Bank and Gaza and the violence that bursts through their borders. (The BDS movement labelled it a “war-crimes glorifying” series;” Haaretz called it “morally dubious.”)
And yet as late as the last season it contained very real criticism of Israel’s conduct, including its costly campaigns to recover captured soldiers and the torture used to extract information on their whereabouts. The show always alluded to real operations — Cast Lead, Brother’s Keeper — in dialogue. But because it can’t merely mention an attack as raw and monumental as Oct. 7, and because it has no desire to question the response to it, it chooses to recreate its savagery.
Episodes 7 and 8, flashbacks to that day, are front-loaded with a trigger warning and a disclaimer that you can skip them and still be able to follow the main plot.
It’s hard for me to recommend those episodes. If not exactly atrocity porn, their central, race-against-time set piece is too anchored in recent events and constructed too much like an action movie. It feels in a sense exploitative, even if intended as a tribute. (To give them credit, both Lior Raz and his co-creator Avi Issacharoff, who said they “wrote from their trauma,” were on the ground helping the south of the country evacuate in the aftermath.)
The new season starts with the promise of complexity. It opens on a grieving Muslim father and shifts to a milksop accountant who worked for Hamas, seemingly tortured by Eli in a blind rage for a crime he didn’t commit. Could an excessive devotion to Tha’r, a tribal code of retribution, be the diagnosis of the show’s creators of Israeli society at this moment?
If it is, it’s not a critical one. The villains are the villains, and, most revealingly, they now number people with no connection to the conflict.
Hatib’s enlistment of white Europeans for a mass-casualty terror attack services a trite narrative of postcolonial guilt finding an outlet in the pro-Palestinian cause. It works on another level too: This fighting force is squaring off against Doron’s corps of Mizrahi Jews, whose mere presence dismantles the lie that Israelis are themselves all white colonizers, and that Israel and the European empire of yore are in any way analogous.
When, back at mission control, the counterterrorists speak of “suspicious-looking Europeans” who are “in their 30s,” the derision for this type of fellow traveller is palpable. Their standard bearer, Mélanie Laurent, formerly Tarantino’s “face of Jewish vengeance,” plays Anne, a blonde, “high middle-class Catholic French woman” who straps up with C-4, a keffiyeh ever-draped around her neck. Through her, and in a quite literal way, the show suggests the Western love affair with Palestinians — which in this season’s logic means Hamas — is misguided.
All the while, we never see Gaza, where much of Season 3 was set, with some among its population humanized. We never reckon with the destruction there. We hear about it, and a kind of lip service is paid to the crime of collective punishment — the sort that we hear at the end of almost every season — but it’s secondary to storytelling as elegy and justification. One could just have easily placed the Hebrew word Zachor before that first cold open: Remember what they did to us.
At one point, after a shootout with more blood spatter than I ever recall seeing on the show, Doron empties his clip into an enemy with the words “this is for October 7.” Seconds later, in a Shin Bet command room his handler Gabi (Itzik Cohen, whose between-seasons weight gain is a running joke) quips, a la Danny Glover in Lethal Weapon, “I’m too old for this.”
He’s not the only one.
In the past week I’ve chatted with some folks older than me — they don’t know each other and are largely to my right on Israel — who don’t relish the thought of another season. Not just because they don’t want to watch Oct. 7 reenacted, but because following the exploits of Israeli security agents has vastly different optics after the Hamas-Israel war, unprecedented settler violence and National Security Minister Itamar Ben-Gvir’s recently-stated ideal scenario of killing “30 or 40” Palestinians in Gaza each night.
This may well be the privilege of the diaspora, but the fatigue points to a shift in attitude that’s worth paying attention to. If these horrors are out of sight, out of mind this season, they’re top of mind to many who are watching — and many others who might have once tuned in.
The post In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza appeared first on The Forward.
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Armed attacker arrested after lunging at Ohio Jewish gubernatorial candidate Amy Acton
(JTA) — Ohio gubernatorial candidate Amy Acton, a Jewish Democrat, was unharmed following an attack by an armed individual at the sprawling Canfield Fair on Sunday.
Police arrested 38-year-old Patrick Havas, who had pushed his way through a crowd in a Democratic Party fairgrounds tent where she was speaking, the Mahoning County Sheriff’s Office announced on Sunday evening.
“While attending the Canfield Fair, an armed individual lunged at Dr. Acton, injuring multiple people,” Addie Bullock, communications director for the Acton campaign, said in a statement.
“This kind of violence has no place in Ohio,” Bullock added. “Dr. Acton will always stand up to the chaos, hate and vitriol that pits us against one another.”
Acton, who would be Ohio’s first Jewish governor if elected, is a former director of the Ohio Department of Health and completed residencies in both pediatrics and preventative medicine.
Republican Vivek Ramaswamy, Acton’s opponent in the upcoming election, released a statement condemning the attack on Sunday. His communications director, Connie Luck, stressed that “candidates should be able to meet with voters without having to worry about threats or violence.”
“What happened today is completely unacceptable and has no place in politics, and we hope that no one was hurt,” she added.
Havas had at first entered the fairgrounds tent and began recording Acton’s speech on his cell phone, but when he began pushing, Ohio State Highway Patrol troopers confronted him, according to the sheriff’s office. During the confrontation, two people were knocked to the ground and Havas was taken into custody by Canfield Fair police.
Following Havas’s arrest, police said they found two handguns and a set of brass knuckles in his possession, although no weapons were ever brandished or removed from their holsters.
Detectives on Sunday night added that they’d be continuing the investigation and would be filing charges after consulting with the Mahoning County Prosecutor.
The Canfield Fair, established in 1846, describes itself as the third-largest county fair nationwide. The fairgrounds, located about 75 miles southeast of Cleveland, sits on 353 acres of land and houses more than 60 buildings.
This article originally appeared on JTA.org.
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