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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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A new Hebrew press in Berlin argues that Israel doesn’t own the language
(JTA) — Dory Manor and Moshe Sakal, who run a press for Hebrew literature in Berlin, are often asked if their business is Israeli.
The partners in life and publishing come from Israel, though they have lived in Berlin and Paris for the better part of two decades. But they say their publishing house, Altneuland, is neither Israeli nor European. Instead, they sought to create a home for Hebrew literature from around the world — open to Israeli writers, but free from Israeli state funding.
Altneuland is the first non-religious Hebrew publishing house to set up outside of Israel since the state was established. Manor and Sakal founded the press in 2024, and this fall, Altneuland will launch in the United States.
“I believe that the Hebrew language is not only a national language,” said Manor, the editor-in-chief. “Hebrew has always been a global language, and even modern Hebrew has been an international language — mostly European, but not only — before the creation of the State of Israel.”
Manor and Sakal have expanded their mission from Hebrew literature to publishing Jewish authors across languages, including German, French, Russian and Yiddish. The U.S. launch will include an original English-language book by Ruth Margalit, along with English translations of Hebrew novels by Noa Yedlin and Itamar Orlev.
Altneuland is also the German publisher of “The Future is Peace,” a New York Times bestseller by Israeli Maoz Inon, whose kibbutznik parents were killed on Oct. 7, 2023, and Palestinian Aziz Abu Sarah, whose brother died in 1990 after being tortured in an Israeli prison.
In a time when thousands of authors and publishers globally have pledged to boycott Israeli institutions over what they identify as a genocide perpetrated by Israel in Gaza, Manor and Sakal say that Altneuland is not a boycott. They work with writers who live in Israel and sell to Israeli bookstores. Establishing a Berlin-based publishing house made them ineligible for Israeli public funding so they could avoid the fraught question of accepting support from the government.
Sakal, the publisher, acknowledged that Israel was a center for Hebrew and Jewish literature, but said it doesn’t have to be the only center. “We are not replacing it,” he said. “We are doing something else.”
Altneuland allows the founders to work with Israelis while staying apart from the Israeli Ministry of Culture, which provides funding for Israel’s publishing industry, largely through literary awards.
In January, the ministry canceled its annual culture prizes. Culture Minister Miki Zohar, a member of Prime Minister Benjamin Netanyahu’s right-wing Likud party, cited the political bent of the prizes and said their cancellation was owed to the organizers “clearly ignoring artists whose opinions are held by most of the country.” The cuts came shortly after Zohar launched an alternative state film award ceremony, cutting funds to the Ophir Awards — Israel’s equivalent of the Oscars — after it awarded best film to “The Sea,” about a Palestinian boy in the West Bank who attempts to go to Tel Aviv and see the sea.
Israel’s literary world, which pays poorly and lacks broad recognition, depends heavily on state-sponsored prizes.
“This government is, for me, an enemy of Israel and not Israel itself,” said Manor. “So no, I’m not boycotting anyone, but I don’t want to deal with the current Israeli government. I do want to deal with Israeli readers, with Israeli writers.”
Those writers share many of Manor and Sakal’s political views. The founders’ goal is to make Altneuland a home for Jewish authors with a liberal outlook — especially those who feel pressured by rising nationalism, whether in Israel or elsewhere.
Margalit, a Tel Aviv-based journalist, will publish a collection of her political and cultural profiles in Israel through a collaboration between Altneuland and Pushkin Press. Her book, “In the Belly of the Whale: Portraits from a Fractured Israel,” is coming out in September.
Margalit said she was drawn to Manor and Sakal’s “humanist spirit,” along with their ability to publish the book simultaneously in English, Hebrew and German.
“At a time when so many people are quick to jump to labels or cancellations, it was bracing to find thoughtful partners who were similarly aggrieved about the political situation as I was,” she said.
Arad’s Hebrew novel, “Our Lady of Kazan,” will be published in German by Altneuland as “Kinderwunsch” in July. Arad, an Israeli-born writer, has lived in California for over 20 years and authored 12 books of Hebrew fiction. One Haaretz reviewer summed her up as “the finest living author writing in Hebrew” who was “in exile in the U.S.”
Arad’s books, often featured on bestseller lists in Israel, tend to deal with Israelis living abroad. The theme fits into the global perspective of Altneuland, targeting readers who are curious about crossing national boundaries.
“I’ve been thrilled to see that Israeli readers are willing — even eager — to read stories about Israeli expatriates,” said Arad. “The experience of living outside Israel, whether temporarily for work or study or on a more permanent basis, has become a central theme in Hebrew literature.”
Altneuland takes its tongue-in-cheek name from Theodor Herzl’s 1902 novel, literally meaning “old new land.” The founder of political Zionism envisioned a utopic, multicultural Jewish state where Jews and Arabs lived peacefully together.
“When we finally decided to call our press Altneuland, it was because our Alteuland, an ‘old new land,’ is a land without territories. It is the Hebrew language,” said Manor.
Berlin is a thriving hub for up to 30,000 Israeli expatriates. Among them is a growing community of writers and intellectuals, including some who left Israel out of frustration and anger at their government.
Manor and Sakal see another reason for making Berlin their home base. They view Altneuland as a continuation of Schocken Verlag, a Jewish publishing house in Berlin that improbably persisted through the 1930s. Schocken Verlag was a cultural lifeline for Jews under Hitler’s regime, publishing books by Franz Kafka, Heinrich Heine, Rabbi Leo Baeck and Shmuel Yosef Agnon, a founding father of modern Hebrew literature.
In 1939, the publishing house was finally forced to shutter and moved to British Mandate Palestine. The reestablished Schocken Books lives on today as part of Penguin Random House. But Manor and Sakal said their project aligns with the original Schocken Verlag — the one destroyed by Nazism.
“What we find in both models is the possibility of a Jewish cultural space that is cosmopolitan, multilingual, humanist, non-national, and not dependent on a single territory,” said Sakal.
Altneuland has faced skepticism, particularly from Israel. Publisher and editor Oded Carmeli said in Haaretz, “The truth is that there aren’t enough Hebrew readers outside of Israel to support a publishing house – not even a bookstore, not even a shelf in a bookstore – and even if there were enough readers, no store in Berlin or Madrid would maintain such a shelf, for fear of repercussions.”
The Altneuland duo said their risky proposition is working out so far. Most of their Hebrew readers remain in Israel, where they are printing books in the thousands and going into second printings on select titles. But they are also cultivating a readership in Germany, where they print smaller special runs of Hebrew-language editions.
Naomi Firestone-Teeter, the CEO of the Jewish Book Council, said that Altneuland has emerged as pressure mounts on Jewish authors from the right and the left through “book bans, boycotts and cancellations.” (The council itself was recently criticized by dozens of Jewish authors for a “bias toward centering Israeli and Zionist voices.”)
“In this moment, we see their effort to build another home for Hebrew literature and Israeli voices as a meaningful contribution to the Jewish literary landscape,” said Firestone-Teeter.
Altneuland’s books in German and English are the fruit of collaborations with Pushkin Press and New Vessel Press. Manor said they were “positively surprised” when they began talks about working with publishers in Europe and North America. Those conversations began in the immediate aftermath of Oct. 7, and continued against the backdrop of a rising international chorus that has accused Israel of committing genocide in Gaza. So far, no one has boycotted them.
“Usually we had interesting talks, very open talks with people who understood, in most cases, the nuances between our being a Hebrew publishing house and Israel as a state, Israel as a regime,” said Manor. “This is something that we could not predict when we created Altneuland.”
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Jewish library and Chabad near Buenos Aires attacked, Argentine Jewish advocates say
(JTA) — Counterterrorism officials in Buenos Aires are investigating after a Jewish library and a Chabad center in a suburb in the Argentine capital were attacked last week.
On Thursday night, a Molotov cocktail was thrown at the Israeli Literary Center and Max Nordau Library in La Plata, according to a statement published Friday by the center’s board of directors. Multiple individuals “threw a blunt object filled with fuel at the front of the library, breaking windows and causing material damage,” the board said, noting that the device did not ignite and no one was injured.
The library, a secular educational center founded in 1912 that promotes Argentine Jewish culture, said it is reinforcing security measures in light of the attack.
On Sunday, the Chabad of La Plata was also attacked, according to DAIA, the Argentine Jewish community group, which condemned both attacks. DAIA, which first reported the Chabad attack, did not describe the nature of the attack beyond reporting no injuries.
“We are deeply concerned about the recurrence and the short timeframe of these incidents,” DAIA said in a statement.
The Ministry of Security of the Province of Buenos Aires and the Complex Crimes and Counterterrorism Unit of the Buenos Aires Provincial Police are investigating both attacks.
La Plata’s Jewish population numbers about 2,000, and its Chabad center has existed for more than 25 years. Argentina as a whole is home to the sixth-largest Jewish community in the world and the largest in Latin America, mostly centered in Buenos Aires.
“These acts of violence threaten democratic coexistence and the values of respect and pluralism that we defend our neighbors,” La Plata Mayor Julio Alak said. “We will not allow hatred and intolerance to have a place in our city.”
Argentina is the site of some of the deadliest attacks on Jewish institutions in modern history. A 1992 bombing of the Israeli Embassy in Buenos Aires killed 29 people, while a 1994 attack on the AMIA Jewish community center left more than 80 people dead. Argentina’s president, Javier Milei, a pro-Israel and philosemitic economist, has advanced efforts to hold Hezbollah and Iran responsible for their alleged role in the attacks after years of foot-dragging by prior leaders.
The incidents in La Plata come as Jewish institutions around the world are on high alert amid a string of attacks since the start of the U.S.-Israel war on Iran in February. Several synagogues and Israeli outposts in Europe have faced arson attacks that a group seen as tied to Iran have claimed responsibility for staging. No one has been injured in those attacks.
Argentina has also faced homegrown antisemitism scandals. In September, a video of a group of Buenos Aires high school students on a graduation trip chanting “Today we burn Jews” went viral, earning condemnation from Jewish community advocates and even Milei himself. The group, from the private school Escuela Humanos, was traveling with Escuela ORT, a Jewish school.
Following the attacks in La Plata, comments on a local news outlet’s Instagram post about the attack on the local Chabad Sunday were filled with antisemitic tropes, including blood libel and false flag theories. Antisemitism watchdogs say false flag allegations, holding that an operation is staged to look like an attack in order to garner sympathy for the victim or attribute blame to another party, have flourished in recent years against Jews and Israel.
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Cornell’s Jewish president clashes with students following on-campus debate about Israel
(JTA) — Cornell University President Michael Kotlikoff and student protesters are trading accusations after an incident in which protesters surrounded the president’s car following an on-campus debate about Israel.
The protesters, from a group called Students for a Democratic Cornell, released a video appearing to show that President Michael Kotlikoff had backed up into one of them while a protester shouts that the car ran over his foot.
In response, Cornell released its own video depicting what it said was a “harassment and intimidation incident,” its enhanced version of which it said offered “complete footage of the parking lot interactions, instead of clips to support a narrative.” That video shows students surrounding the president’s car as he tries to exit his parking space. After he eventually departs, the students continue to mill around with no obvious indication of injury to any of them.
In a statement of his own, Kotlikoff said that despite being surrounded by protesters who banged on his car windows, he waited until his backup camera showed a clear path before maneuvering out of the spot.
“The behavior I experienced last night is not protest,” Kotlikoff said in his statement, released Friday night. “It is harassment and intimidation, with the direct motive of silencing speech. It has no place in an academic community, no place in a democracy, and can have no place at Cornell.”
In an Instagram post, the protesters rejected Kotlikoff’s claims that they banged on his car and that they had previous records of misconduct on campus. They also reiterated their allegation that he had struck them.
The incident marks a relatively rare example of a clash between a university and pro-Palestinian student protesters two years after the student encampment movement roiled campuses across the United States, including at Cornell. The Ivy League university, like many others, enacted new rules designed to constrain protests that have kept demonstrations at bay amid pressure from the Trump administration to curb what it said was antisemitism among protesters. In November, Cornell agreed to pay $60 million to resolve federal antisemitism allegations.
Kotlikoff became Cornell’s president in early 2025, saying at the time that he was “very comfortable with where Cornell is currently” following “two relatively peaceful semesters” in which there were only isolated incidents that violated university rules around protest. He soon rejected pro-Palestinian students’ demands to cut ties with the Technion university in Israel. But he also urged the campus to foster academic debate around the Israeli-Palestinian conflict.
The event that preceded his clash with students on Thursday represented a striking example of such debate. Sponsored by an ideologically diverse array of groups, including the pro-Israel advocacy groups StandWithUs and the Zionist Organization of America as well as the campus chapter of Students for Justice in Palestine, which has previously been suspended for violating university rules, the event was the second in a two-part “Israel-Palestine Debate Series.”
The series was organized by the Cornell Political Union according to a format its website says it has long maintained. The format features a lecture by a speaker followed by formal responses from students and an audience debate.
In the first event, held earlier in April, the Israeli historian Benny Morris lectured on the topic “The American-Israeli Alliance Serves America’s Interests.” Morris is a liberal Zionist critic of the Israeli government whose work has included foundational research on the founding of the state arguing that many Arabs were expelled, rather than fled, during the 1948 war.
The second, on Thursday, featured the pro-Palestinian Holocaust historian Norman Finkelstein, who lectured on the topic “Israel Was Not Justified in Its Response to October 7th.” Finkelstein, who has criticized Morris for showing a pro-Israel bias, has compared the plight of the Palestinians to that of Jews during the Holocaust, and Students for Justice in Palestine posted a picture of its members posing with him on Thursday.
Kotlikoff offered introductory remarks at the event, which promoted a no-technology policy designed “out of respect to student[s] who will be given the opportunity to speak openly on a divisive topic.”
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