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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.”


The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.

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New York’s Israel Day parade was a shanda — but not because of Mamdani

Mayor Zohran Mamdani made the right decision in skipping the city’s annual Israel Day Parade — because of the specific Israeli officials the parade honored.

American Jews have the right to celebrate Israel’s existence, if they find it to be a meaningful part of their personal Jewish identities. But Mamdani’s specific decision not to march in this specific parade, this year, alongside far-right ministers Bezalel Smotrich, Amichai Chikli and Ofir Sofer, is defensible. Those painting that choice as a sign of antisemitism have a lot of explaining to do about whose company they choose to keep.

Chikli, Israel’s minister of diaspora affairs and combating antisemitism — the man who is supposed to be the voice of diaspora Jews in Israel — has used his platform to spread hatred. He has described LGBTQ+ Pride events as “disgraceful vulgarity”; courted far-right European extremists like Tommy Robinson while parroting their Islamophobic statements; and called antisemitic dog whistles deployed against George Soros by the like of Elon Musk “anything but antisemitism” — while serving as the minister tasked with combating antisemitism.

His behavior has been so outrageous that in 2025, hostage families and Jewish community leaders across Europe signed letters calling him an “inappropriate representative,” citing his statements calling for the expulsion of people from Gaza and southern Lebanon, which they said amounted to support for ethnic cleansing.

Smotrich’s record of inflammatory statements is even more extensive. In 2023, he called for the Palestinian village of Hawara in the West Bank to be destroyed by the state, saying “I think the village of Hawara needs to be wiped out” shortly after a shocking settler attack there that some compared to a pogrom. The United States State Department decried those remarks as “repugnant” and “disgusting.”

Smotrich has since called for Gaza to be emptied of its Palestinian population, and has spearheaded the radical expansion of Israeli settlements in the West Bank, advocating for annexation with the explicit intent of preventing the establishment of a Palestinian state. He himself says the International Criminal Court’s Office of the Prosecutor has reportedly filed a secret arrest warrant application against him for alleged war crimes and crimes against humanity in the occupied West Bank.

At the Sunday parade, Smotrich approvingly told attendees that the event reminded him of the Jerusalem Flag March, an ultra-nationalist procession where participants this year chanted “Death to Arabs” and attacked Palestinian residents.

And Ofir Sofer, Israel’s immigration and absorption minister, has called for changes to Israel’s Law of Return, complaining that many new immigrants to Israel are not Jewish under Orthodox halachic standards. His vision of Israel includes no room for Reform Jews, secular Jews or partial-heritage Jews.

These are the people Mamdani was supposed to join in celebration?

Mamdani did not refuse to celebrate Jewish life. He refused to endorse these deeply problematic Israeli officials by appearing alongside them. That is not a slap in the face to Jewish New Yorkers. It is, if anything, a gesture of respect toward the many Jewish New Yorkers, including me, who find Chikli, Smotrich and Sofer an embarrassment and a threat to the diverse, pluralistic, egalitarian Judaism we actually practice.

Mamdani has stated clearly that he believes Israel has a right to exist, although not as a hierarchy that favors Jewish citizens over others. He has backed his administration’s Office to Combat Antisemitism and proposed expanded funding for hate crime prevention. He guaranteed a robust police presence at the Israel parade, spending weeks planning to ensure it proceeded, in his words, “seamlessly and peacefully” — as it did.

None of this fits the profile of an antisemite.

And those who criticized Mamdani’s refusal to participate are failing to grapple with an important truth: Mamdani’s politics, whatever one thinks of them, are not alien to American Jewish life. They are, instead, increasingly central to it.

A poll by the Jewish Voter Resource Center, released just this week, found that almost half of American Jews under 35 support a binational state: a single country in Israel, the West Bank and Gaza, governed by all its inhabitants together. Among non-Orthodox Jews under 35, that figure reaches 51%.

This is not a fringe position on the left flank of the community. It is a near-majority position among the next generation of American Jews. Add to that the fact that a 2025 survey by Jewish Federations of North America — not a left-wing organization — found that only 37% of American Jews overall identify as Zionist at all, while among young Jews aged 18 to 34, the share identifying as anti-Zionist or non-Zionist has reached nearly a third.

As J Street president Jeremy Ben-Ami put it: “The growing disaffection of younger Jewish Americans from Israel is a direct consequence of the policies of Bibi Netanyahu and the way the American Jewish establishment has demanded an ‘Israel right or wrong’ loyalty.”

When we ask whether Mamdani’s absence alienates Jewish New Yorkers, we need to ask: which Jewish New Yorkers? Did Mamdani marginalize himself from American Jewish life — or did the parade organizers, by welcoming these ministers, marginalize themselves from a large and growing portion of it?

The questions at the heart of this controversy — what Zionism means, whether anti-Zionism is compatible with Jewish solidarity, and how to honor Israeli independence while acknowledging Palestinian catastrophe — are genuine, difficult and deeply contested. I have colleagues I respect on multiple sides. I have family members who would disagree with everything I have written here.

But a parade is the worst possible venue for this conversation. A parade is not a symposium. It is not a town hall. It is a celebration, a statement of solidarity, an embodiment of a particular political position. Attending it is an endorsement of that position. And when the parade features ministers who demean Reform Jews, court European neo-fascists, advocate for the further reduction of Palestinian rights and liberties, and favor restricting who counts as Jewish enough to return to a Jewish state, the act of marching becomes an endorsement of those things, too.

We do need richer, more honest, more nuanced conversations about Zionism, anti-Zionism, Israel, and diaspora Jewish identity. Those conversations are happening, in synagogues, in classrooms and in the pages of Jewish publications like this one. They deserve serious venues and serious interlocutors.

Fifth Avenue on a Sunday afternoon, with Chikli, Bezalel and Sofer as honored guests, is not that venue.

Mamdani was right to decline to issue that endorsement. To the Jewish establishment that has called him an antisemite for it: I would ask you, with all due respect, to look again at who you invited to the party.

The post New York’s Israel Day parade was a shanda — but not because of Mamdani appeared first on The Forward.

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Marilyn Monroe would be 100 today. Are we making too much of her conversion?

Back in 2019, Marilyn Monroe’s menorah, a gift from her former in-laws, sold at auction for more than $112,000. The candle in the wind jokes wrote themselves, but how exactly the tragic actress lived her life has long been a point of Jewish fascination.

The effort to make Monroe a Jewish icon is almost certainly strained, though not baseless.

Born Norma Jean Mortenson, she converted to Judaism in 1956 ahead of her nuptials with Arthur Miller. That this detail still commands such attention can’t easily be divorced from certain stereotypes of their mismatched pairing: the beauty and the brain. He, balding and bespectacled, she, a peroxide paragon of bombshell beauty. Philip Roth didn’t need to write about it — Joyce Carol Oates did instead.

But Monroe’s attachment to Judaism, beyond leaving behind such effects as the menorah and an annotated siddur (sold for $21,000 in 2018), may be overstated, even as she continued to identify as a “Jewish atheist” after her 1961 split with Miller. That she engaged with her lessons with some seriousness, according to the rabbi who converted her, may be more a testament to her curiosity and intelligence than a true demonstration of faith.

In 2015, the Jewish Museum in New York offered a useful contrast. An exhibition hosted Andy Warhol’s portraits of Monroe and Elizabeth Taylor presented as a diptych. Taylor’s conversion came about after the death of a Jewish husband and remained important to her through the rest of her life, extending to pro-Israel causes and activism on behalf of Soviet Jewry. (Taylor was buried by a rabbi, Monroe by a Lutheran minister.)

Both women had their films banned in Egypt on account of their adopted faith — in the case of Taylor, this meant completing Cleopatra in Rome. Only one could be said to have lived a thoroughly Jewish life, though Monroe’s death is certainly a mitigating factor, the subject of so many “what ifs.”

When we look at Marilyn as a coreligionist, it may say more about us than her. I suspect the fact she didn’t “look Jewish” is what makes her affiliation matter to so many.

But the affiliations that truly matter are in the credits: Billy Wilder, Tony Curtis, Charles Lederer, Lee Strasberg. The work, or Avodah, is captured in celluloid: the way Sugar Kane takes a belt from her flask and tucks it in her garter or Lorelei Lee swats at her suitors with a fan.

It is Marilyn, not Norma Jean, not Miriam bat Sarah, who continues to have immense cultural cachet, already long exceeding her brief time on earth.

 

The post Marilyn Monroe would be 100 today. Are we making too much of her conversion? appeared first on The Forward.

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Retracing the epic journey of the world’s oldest Jew

I, A Wandering Jew. A Five-Century History of our Modern Condition
Yair Mintzker
Princeton University Press, 272 pages, $29.95.

My father, an American-born son of Belarusian immigrants, bought the record when it first came out in 1960 and we enjoyed listening to it to no end. Mel Brooks and Carl Reiner’s album The 2,000 Year Old Man featured Brooks as a somewhat laconic old man who responded in Yiddish-inflected English to Reiner’s guileless questions about his long life.

The improvised sketch had apparently begun 10 years earlier, when Reiner, who worked with Brooks on a TV show, turned to him, while testing a new tape-recorder, and asked, “Is it true you were at the scene of the Crucifixion, 2000 years ago?” Jesus Christ, Brooks quipped, was a “nice boy, wore sandals.” William Shakespeare, however, had “the worst penmanship” and when asked if he knew Joan of Arc, Brooks blurted out, “Knew her? I dated her!”

As a kid of 9, I didn’t think that their shtick was anything other than funny. But in retrospect, I can see that the Yiddishkeit tone and audacity of the conceit also answered something bigger and much more sinister. The Shoah had only just ended, the weekend before, as it were. So, the immortality and know-it-all comedy of Brooks’ hero expressed resiliency and social integration in the face of nothing less than genocide. “The 2000 Year Old Man” was, in a Borscht Belt voice, an affirmation of life. My fondness for Brooks resurfaced during the haze of high school, and remained in the back of my mind as decades went by, but it wasn’t until reading Yair Mintzker’s new book, I, Wandering Jew, that I came to appreciate another dimension of its significance, namely, its evocation of the figure of the Wandering Jew.

Originally, the Wandering Jew was an antisemitic trope Christians used to explain the marginality and foreignness of Jews in European society. A cobbler stood at the doorstep of his Jerusalem shop, according to the story, as Jesus labored by, hauling his burden to his death. Refusing his request for help, Jesus cursed the cobbler, who inexplicably came to be known as Ahasverus, the name of a Persian king, to live eternally in exile until the Second Coming. The Jews were thus condemned to a de-territorialized, homeless fate as Christ deniers.

Ahasverus appears and reappears in various forms over the course of European history — often as a tall, severe man who spoke several languages, never laughed and criticized people for moral failures. His story spread in ballads, poems and novels — and eventually in Nazi propaganda — to support the claim that Jews were not only alien to European culture and society but could never live together with Aryans.

Mintzker, a Princeton history professor, has written an intriguing book that traces the legend of the Wandering Jew over the centuries in reverse chronological order, eventually to arrive at the salience of the figure’s story in the author’s own life and times.

The first of his five examples is set in Israel, just a few years after the nation achieved independence, when a mysterious man, known by some as Ben Shoushan, caught the attention of a journalist as he disembarked at the port of Haifa with a forged Moroccan passport that dated his birth in 1902. He seemed to be both middle-aged and ageless, perhaps mad or possibly a genius. The author Eli Weisel had met him at one point immediately after the war and also couldn’t quite make sense of who he was — perhaps a “Kabbalist, comedian and anarchist”? The mystery man, lacking an origin or an income, claimed to speak 30 languages and was said to love riddles.

He spent time in two religious kibbutzim near Tel Aviv. The kibbutzniks recalled him as a harsh, unbearable, eccentric man who lectured on the Talmud, rotating between the communities until he was expelled from both. Leaving Israel in 1956, he was spotted in a Jewish community in Uruguay, where he was regarded as a Wandering Jew, an identity he apparently embraced. In other words, Shoushan was at once a real person, in Mintzker’s view, who also seemed to project a post-Holocaust trope, as of the survival of the Jewish stranger but also the survival of  the unconventional Jewish intellectual.

Another version appeared in The Nag, which was an allegorical, 1873 Russian novel by Sholem Yakev Abramovitch in which a broken-down, talking horse declares herself to be a “wandering mare” and demands justice rather than mercy from her tormentors. Abramovitch’s image of the Wandering Jew was somewhat veiled, although the reticent, pitiful animal does admit to being both a horse, passing from one harness to another, and something else. Unable to live or die, she says she wants only to belong — but is dismissed as not human.

In Jewish Memorabilia, Jacob Schudt, who was a Protestant scholar from Frankfurt, adopted the sort of doctrinal view of the legend that the eternal exile of the Jews from Israel was a punishment for having rejected Christ. The final installment of the four-volume work apparently brimmed with antisemitic views that criticized how Jews looked, their lack of hygiene, and purported greed, as well as their supposed penchant for self-flattery. Schudt dismissed the Wandering Jew as nothing more than a fable by which the lower classes could perceive and understand Jews. Yet he also recognized certain flaws in the story — that it contradicted Christ’s compassion, for one. Lacking historical support, Schudt went on to conclude that the story was probably of Catholic origin, or perhaps the result of nothing more than a publisher’s money-making scheme. The figure of Ahasverus, in other words, was a contradiction that featured a real personage who simultaneously never existed.

Mintzker then turns to the centerpiece of the story, an anonymous German broadsheet, the Kurtze Beschreibung, which was a wildly popular text that was first published in 1602 and then republished a dozen times throughout the rest of the century.

It cast Ahasverus as a strange man who met a Lutheran theologian and explained to him that he was a Jewish shoemaker who had been born 1,500 years earlier in Jerusalem, when and where he had refused to help Christ on his way to the Crucifixion and had been cursed to wander the earth until the return of the Messiah. The account included details of the Crucifixion, the deaths of the Apostles, and about Ahasverus himself — for example that he spoke German with a Saxon accent.

Mintzker strives to pin down the author of the pamphlet and how its contents changed over the course of the 17th century. He marshals quite a bit of detailed evidence that leads him to conclude that Paul von Eitzen, a leading a 16th century Lutheran official and contentious pastor in Hamburg who claimed to have met Ahasverus in the 1540s, must have written it. Readers of the pamphlet, Mintzker also notes, would certainly have been able to identify both von Eitzen and the man he called Ahasverus in this version of the story, who was likely a notoriously uncompromising anti-Calvinist named Tilemann Heshusius.

In the final chapter of his well-paced book, Mintzker turns his gaze upon himself — to the meaning of the Wandering Jew in his own life as a yored, an Israeli expatriate.

Mintzker was born and raised in an upper middle-class, progressive Ashkenazi family in Jerusalem, but eventually left the country to go study and then work in the United States. He had learned about Ahasverus from a close high school friend but only came to identify with him in New Jersey, where the image of exile, and of Jews as “eternal strangers,” haunted him and became more and more salient, particularly amid the violence of the past few years in Israel. With the rise of anti-Zionism, Mintzker admits, he came to “embrace the figure of Ahasverus … as a model for political life” but also for his own sense of self.

The 2,000 Year Old Man clearly echoed the legend of the Wandering Jew, in a chutzpadik voice that entertained diaspora American Jews during the immediate post-Holocaust years. But wasn’t this precisely Mintzker’s point? The trope’s meaning, as his book shows us, shifted across time and place. Thus, in this last expression, he comes to own it as an acknowledgement of his own disquiet and alienation, which he connects to his yored autobiography and recent events in Israel that have called Zionism into question. In doing so, the story of the Wandering Jew has shed its antisemitic, racialized roots, or justification for exile once again, to be read anew as a trope of Mintzker’s (and perhaps our) estrangement from contemporary Israeli society. A timely read.

The post Retracing the epic journey of the world’s oldest Jew appeared first on The Forward.

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