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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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‘Israel is politics’: Was a woman kicked out of a salon for supporting Israel or being Israeli-American?
An Israeli-American woman who was denied service at a Northern Virginia eyebrow salon is now taking legal action against the business.
The Brandeis Center for Human Rights Under Law is filing a civil rights complaint on behalf of Jessica Walton, who was at Karimi Brows in Alexandria, Virginia, on Aug. 6 when Fatana Karimi, the shop’s owner, recorded and posted a video of her telling Walton to leave the store. The video has received more than 270,000 likes and garnered concern from antisemitism watchdog groups.
“This case is about a basic civil rights principle,” says Omer Wiczyk, senior counsel at the Brandeis Center. “A business that is open to the public cannot reclassify a customer’s Israeli identity as objectionable politics.”
The two sides disagree about whether Karimi’s decision was made based on Walton’s ethnicity, identity or politics.
Karimi said in a TikTok video that her decision to deny service to Walton was not about Walton’s identity but her politics. “Any ethnicity or nationality or person who comes from a certain religion, any religion, comes to me and tells me that they support Israel, I would kick them,” she said.
Karimi said she “would have, you know, let it slide by” if Walton had denounced the Israeli government and called the Israel-Hamas war a genocide.
Walton, in the video taken at Karimi Brows, characterized the dispute as being about her identity. “I had no idea that you would do this based on my ethnicity,” she said.
According to the complaint, Walton said she did not discuss politics and only mentioned she was Israeli-American before Karimi asked her to leave the studio.
In another video, Karimi explained that Walton said she was Israeli-American “three different times” before Karimi started “throwing shots back at her.” Karimi said that in that moment, she was imagining Palestinian people, “looking at me saying, ‘But I thought you supported us? Why are you playing nice with the girl that is the reason we’re going through this?’”
“I was like, ‘the gloves are f—ing off,’” Karimi said. “‘I’m not doing your f—ing brows. Get out of my f—ing face.’”
The complaint also says that before the camera started rolling, “Ms. Karimi stated that, for her, ‘Israel is politics.’ ”
Politics-based discrimination would not necessarily constitute a civil rights violation, said Michael Helfand, a professor at the Pepperdine Caruso School of Law. However, if Karimi was placing special scrutiny on Walton’s beliefs because of her Israeli identity, it would — facts that the parties dispute.
“I think this gets you into the question of how you want to classify anti-Zionism,” says Helfand. “I think that’s a bigger question that the law hasn’t fully wrapped its head around.”
Both women said they have received violent messages online following the incident, including death and rape threats. Karimi said her Yelp reviews were spammed with negative comments from users she doubted had been to the store.
The post ‘Israel is politics’: Was a woman kicked out of a salon for supporting Israel or being Israeli-American? appeared first on The Forward.
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Vance meets with Temple Israel rabbi on Michigan visit
(JTA) — Vice President JD Vance recently met with representatives of Temple Israel in Michigan to offer “his support in the wake of the attack on our community,” clergy from the synagogue told the Jewish Telegraphic Agency.
Vance’s Monday meeting with representatives of the suburban Detroit synagogue that had been attacked by a terrorist in March came as the vice president has upped his outreach to Jewish voters ahead of a likely 2028 presidential run. He also invited a rabbi and security guard to a rally Monday in the Detroit suburb of Sterling Heights, where he called them out from the podium and said he was “honored” to have them attend.
The Reform synagogue’s clergy later offered more details about his outreach, telling JTA that he had met with one rabbi, as well as with a security officer who had stopped the assailant from harming anyone at the preschool that was in session.
The meeting was held at Vance’s request, Rabbi Jen Lader told JTA, and the vice president did not visit the synagogue itself.
“This was an important opportunity to ask for the Vice President’s support in the fight against antisemitism, and for additional security funding through the Jewish American Security Act,” Lader wrote in an email to JTA, referring to a bipartisan bill introduced in the U.S. House this summer to increase federal funds for both Jewish organizations and synagogue security.
Lader continued, “We’ve made the same requests to elected officials on both sides of the political aisle.”
Later that day the vice president traveled to Las Vegas, where he met in a closed-door session with members of the Republican Jewish Coalition, who have been riled by his close relationship with podcaster Tucker Carlson and other points of contention.
Vance sought to draw a contrast with Abdul El-Sayed, Michigan’s Democratic U.S. Senate candidate, who spent the weekend offering apologies for his earlier comments about the temple attack, when he appeared to describe the attack as a response to Israel’s incursion in Lebanon.
Some Michigan Jewish leaders are publicly mobilizing against El-Sayed, a harsh critic of Israel: As of press time, more than 400 Jews in the state, including some who hold prominent community positions, have signed a petition pledging to vote for the GOP candidate, former U.S. Rep. Mike Rogers, in the Senate race.
A representative for Vance did not respond to a request for comment on the vice president’s Temple Israel meeting or for his views on the Jewish American Security Act.
At the RJC meeting, where he also received a standing ovation but did not address his Carlson ties, attendees told JTA that Vance highlighted his outreach to Temple Israel.
The nation’s largest Reform synagogue, Temple Israel was attacked in March by a man who had recently lost family in an Israeli strike on a Hezbollah position in Lebanon. In two statements following the attack, El-Sayed initially condemned it outright. He then changed his wording to include what he now says was “context” about Israel’s war in Lebanon, including the phrase, “Hurt people hurt people.”
Speaking with the state Democratic Party’s Jewish caucus at the party convention on Saturday, El-Sayed apologized for those remarks, saying, “I made a mistake.” He also attended the caucus’s “Summer Simcha” fundraiser the next day, where he repeated his apology and asked for forgiveness. He told JTA the “context” he’d sought to include in his initial remarks was related to “violence in all its forms, in all circumstances.”
Temple Israel clergy have declined to comment to JTA on El-Sayed’s two apologies for his past comments. Lader had penned an op-ed in The Free Press criticizing his response.
Vance’s Michigan visit also included a rally in Sterling Heights, where he discussed the synagogue attack and called it “a terrible, antisemitic terrorist attack.”
“It could have been so much worse, ladies and gentlemen,” Vance told the crowd, who had given the Temple Israel personnel a standing ovation. “That guy showed up at that synagogue, at that school with a desire to kill a lot of children, and he killed precisely zero children because of the brave security guards who did their job and did it very well.”
Vance also called El-Sayed, a progressive and a Muslim, “very, very evil” from the podium.
“Abdul El-Sayed made an apology for the very people who would perpetrate violence against hundreds of innocent American school children,” Vance told the crowd. “You’ve got to ask yourself, if he’s willing to empathize, not with the children who almost had their lives destroyed at the most innocent and what should be the safest place in the world, their school, what is he going to do when he goes to Washington, D.C. when the cameras aren’t on?”
Vance added, “What I see is a man who has sympathy and compassion for people who share his religion, but have nothing for people who don’t. A person who will apologize for a murderer so long as he looks the right way, but will not understand the plight of an innocent child if that person has the wrong faith.”
The Jewish voters petition, titled “Michigan Jews Against Extremism,” was spearheaded prior to El-Sayed’s apologies but has picked up more signatures in their aftermath.
The petition’s language states that “many” of the signatories “have been fiercely supportive of Democratic candidates and principles,” but that all of them “declare our intent to vote for Mike Rogers for US Senate in 2026.”
“If El-Sayed were to win the general election in this important swing state, we fear the far-left and anti-Jewish elements in the Democratic Party would become dominant, including in the imminent 2028 presidential race,” the petition says. “We cannot allow him to become the Democratic standard-bearer or Michigan’s senator.”
The petition specifies that their vote for Rogers “does not require that we agree with him on every issue or that we support President Trump.”
Benji Rosenzweig, a real-estate agent and music podcaster based in West Bloomfield, was one of the letter’s signers.
“I’ve watched Abdul El-Sayed, for the last number of months, surround himself with people who cheer for the destruction of our families and the annihilation of our community,” Rosenzweig told JTA. He signed the petition before El-Sayed’s apologies but wasn’t swayed by them: “What he said was, ‘I’m sorry that you were hurt.’ That’s not an apology.”
Rosenzweig describes himself as a “centrist” who holds “liberal values,” and who would have voted for El-Sayed’s primary opponent, U.S. Rep. Haley Stevens, in the general November election if she had won the nomination. He recently met Rogers at an event, he said, and told him that “I will be holding him accountable to the liberal values that I still value.”
As of press time, the petition’s signatories include Brian Hermelin, current president of the Jewish Federation of Metropolitan Detroit; Mark Davidoff, CEO of the Michigan Israel Business Accelerator; Rabbi Eli Mayerfeld, CEO of the Zekelman Holocaust Center in Farmington Hills; Amy Newman, CEO of Jewish Family Service of Metro Detroit; and David Victor, past president of the pro-Israel American Israel Public Affairs Committee.
The petition included their names but not their titles, suggesting they were signing as individuals and not as representatives of their organizations. The list also includes the names of several people who had previously told JTA they would commit to fundraising for Rogers if El-Sayed won the Democratic primary.
Local rabbi Asher Lopatin, currently on leave from his role as community relations director for the Ann Arbor Jewish federation, has stumped for Rogers but told JTA he does not have a formal role with the campaign. In the Forward this week, Lopatin again urged the state’s Jewish Democrats to back Rogers over El-Sayed.
“To show the Democrats that such candidates should never be nominated, we must show them that such candidates can never win,” the rabbi wrote on Monday.
The El-Sayed campaign did not return a request for comment from JTA about the petition.
For the approximately 100,000 Jews in Michigan, the question of whether to vote for El-Sayed has proven hugely divisive. At the same Sunday event that hosted the candidate, state Attorney General Dana Nessel, who is Jewish and has publicly sparred with El-Sayed over his rhetoric, implored the crowd to “place the needs of the world above even our own self-interest and, yes, even our own survival” — suggesting that Jewish voters should put their own feelings of personal safety aside in order to elect a Democrat.
Nessel’s comment, coming one day after she sat out a state Democratic convention over what she said was fear of antisemitic harassment, has sparked some backlash outside of Michigan. Ron Halber, CEO of the Jewish Community Relations Council of Greater Washington, called the attorney general “an absolute embarrassment.”
Mark Goldfeder, who runs the litigation group National Jewish Advocacy Center, wrote on the social network X, “Jewish voters can care deeply about democracy, climate, health care and the welfare of their neighbors while still treating Jewish safety as entirely nonnegotiable.”
Rosenzweig said he had once been an admirer of Nessel but that he was “really sad” over what he interpreted as her suggestion that voting for Abdul “may put Jewish people in danger, but do it anyways.”
“If Abdul wins she gets to say, ‘Well, Jews are endangered,’” he said. “It’s just such a crazy place to put people in.”
This article originally appeared on JTA.org.
The post Vance meets with Temple Israel rabbi on Michigan visit appeared first on The Forward.
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Spain’s prime minister blames Israel, Russia for disinformation around Ceuta border crisis
(JTA) — MADRID — Spanish Prime Minister Pedro Sánchez said on Monday that Israel and Russia spread disinformation about Spain’s migration policy after a rush of migrants arrived in Ceuta, a Spanish exclave in North Africa.
Over 72,000 migrants crossed into Ceuta between July 30 and July 31, with at least 100 people dying in the attempt, according to local authorities. Sánchez, along with Morocco’s Interior Ministry, have blamed the surge on human trafficking networks that exploited misinterpretations of a change in Spain’s border policy.
In Sánchez’s first interview since the border crisis, he also said that Israel and Russia organized internet campaigns to undermine Spain’s government during the chaotic aftermath. Online theories proliferated widely after the Ceuta crossings, including some that said Israel orchestrated the crisis.
“After July 30th and 31st, there was an expansion of these hoaxes and this disinformation by social networks associated with both Russia and Israel, and with an international far-right movement that always uses migration, not only to attack Spain, but also to attack Europe and divide it,” Sánchez said in an interview with the Spanish radio network Cadena SER.
Sánchez said research from the European Union’s European External Action Service showed that Israel and Russia were behind disinformation campaigns, without giving further details on the evidence. The EEAS did not immediately respond to the Jewish Telegraphic Agency’s request for comment.
He added that it was “evident” that Israel and Russia were motivated by Spain’s political positions “regarding the genocide in Gaza and Putin’s invasion of Ukraine.”
Sánchez is among Europe’s most vocal critics of Israel’s conduct in Gaza and Iran.
Israeli Foreign Minister Gideon Sa’ar said Monday that Sánchez was “lying shamelessly,” adding that the statements “will not distract from Sánchez’s disgraceful failure to manage his country’s affairs.”
Kremlin spokesperson Dmitry Peskov also told the Russian state broadcaster RBC that Russia had no involvement in the migrant crisis or disinformation campaigns.
Spanish-Israeli diplomatic ties, first established in 1986, have deteriorated since the start of the Gaza war in 2023, with Madrid since recognizing Palestine as a state and banning ships carrying arms to Israel from docking in its ports. By 2026, both countries had recalled their ambassadors.
This article originally appeared on JTA.org.
The post Spain’s prime minister blames Israel, Russia for disinformation around Ceuta border crisis appeared first on The Forward.
