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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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Mamdani orders review of whether New York can arrest Netanyahu when he visits this fall
New York City Mayor Zohran Mamdani has revived one of his most controversial election promises, raising once again the prospect of arresting Israeli Prime Minister Benjamin Netanyahu when he comes to New York in September for the United Nations General Assembly. It’s a move that legal experts say Mamdani is unlikely to be able to carry out.
In a video interview with The New York Times published Saturday, Mamdani said he ordered a review by the city’s Law Department to consider his options to comply with an International Criminal Court arrest warrant. “Whatever the law allows me to do in New York City, that’s what we will do. But we won’t be writing our own laws to that end,” Mamdani said, remarks that drew a strong online reaction.
In a post to social media on Sunday, Netanyahu’s office dismissed concerns of a possible arrest, calling the ICC a “kangaroo court” and saying that “Mamdani should focus on fixing the damage his policies have caused New York.” In an interview last week, Netanyahu said Mamdani “hates America.”
The United States does not recognize the court’s authority over American citizens or foreign nationals on U.S. soil, and the federal government could likely challenge the legitimacy of such an order.
Mamdani’s statement reflects the tension that has defined his first months in office: balancing the activist politics that propelled him to City Hall with the legal constraints and governing responsibilities of the mayor of the city with the largest Jewish population outside of Israel.
A political gift to Netanyahu
Mamdani’s actions could have unintended consequences abroad.
Former U.S. ambassador to Israel Dan Shapiro, who has frequently criticized Netanyahu, warned that even a failed attempt to arrest the prime minister would likely strengthen Netanyahu politically in a tough reelection bid, set for Oct. 27.
“Many Israelis are sick of him and hope to vote him out,” Shapiro wrote on X. “The only possible outcome of a fruitless attempt to arrest him in NYC would be to give him a political boost at home. That would be an own goal.”
Recent polls show that Netanyahu, seeking a seventh term in office, is trailing an opposition bloc led by two contenders — former Prime Minister Naftali Bennett and former IDF chief Gadi Eisenkot.
A confrontation with New York’s outspoken anti-Zionist mayor could allow Netanyahu to cast himself once again as Israel’s defender against international efforts to isolate and punish the country. Netanyahu already labeled Mamdani as someone who “champions” Hamas and “apologizes” for Iran.
That message could resonate even with Israelis who oppose him. American Jewish opinion illustrates the same complexity. While recent polling shows many American Jews view Netanyahu unfavorably, and that Mamdani is more popular with that group, that has not translated into support for an attempt to arrest Israel’s elected leader.
A Honan Strategy Group poll in December found that although 40% of New York City voters believed Mamdani had a moral obligation to uphold international human rights standards by ordering Netanyahu’s arrest, seven in 10 of the 131 Jewish respondents said doing so would damage New York’s global standing.
In the end, Mamdani may be able to avoid acting at all by pointing to the legal opinion that New York City lacks the authority to arrest Netanyahu.
The law is not on Mamdani’s side
The ICC, based in The Hague, issued arrest warrants in Nov. 2024 for Netanyahu, former Israeli Defense Minister Yoav Gallant and Hamas military commander Mohammed Deif, accusing them of war crimes and crimes against humanity related to the Israel-Hamas war. Hamas confirmed in Jan. 2025 that Deif was assassinated in July 2024 by an Israeli strike on Gaza.
But even if Mamdani wanted to enforce the warrant, New York City has little authority to do so.
Because the United States is not a member of the International Criminal Court, the NYPD has no legal authority to arrest Netanyahu based on an ICC warrant. Last week, Secretary of State Marco Rubio launched a sweeping campaign of sanctions, visa bans and diplomatic pressure to “systematically disable” the ICC “brick by brick.”
U.S. Ambassador to the United Nations Mike Waltz, in a post on X, also pointed to the 1947 U.N. Headquarters Agreement, which requires the United States to allow accredited foreign representatives to attend U.N. meetings, as well as the customary international law doctrine that grants immunity to sitting heads of government traveling on official business. Netanyahu would also arrive in New York under Secret Service protection afforded to foreign leaders.
Even carrying out such an order would appear unlikely.
Police Commissioner Jessica Tisch, who is Jewish, has repeatedly kept a distance from the mayor on Israel-related issues. Her public statements on Israel have been unequivocal. In June, Tisch served as grand marshal of the annual Celebrate Israel Parade, which Mamdani skipped. “I understand that for many of you, having a Jewish police commissioner is deeply comforting,” she told Jewish leaders in May.
Mamdani’s foreign policy reach has already been limited. Last month, the U.S. State Department blocked a planned meeting between Mamdani and Colombian President Gustavo Petro in New York, a fierce Israel critic, who had his visa revoked last fall after he appeared at a pro-Palestinian rally in Manhattan and was attending a UN Security Council session under strict terms. Earlier this month, the Trump administration stopped a meeting between Ana María Archila, Mamdani’s commissioner for international affairs, and Iran’s ambassador to the United Nations.
Why does Mamdani keep talking about it?
While the legal answer is largely settled, the political one is not.
By keeping the question open, Mamdani signals support to the pro-Palestinian movement that fueled his rise, while acknowledging the institutional limits of his office.
Targeting Netanyahu was central to Mamdani’s mayoral campaign. After leading chants of “Netanyahu, you can’t hide, we charge you with genocide,” during a protest in Oct. 2023, Mamdani first pledged to arrest Netanyahu shortly after he declared his candidacy. He later repeated the pledge, including in front of Jewish audiences, arguing that he did not want New York to be a place where leaders accused of war crimes felt welcome.
The approach follows a similar pattern Mamdani confronted with a politically charged issue earlier this year. As anti-Jewish incidents continue to make up a majority of reported hate crimes, the city considered placing buffer zones around houses of worship, spurred in part by a November protest outside the Park East Synagogue that included antisemitic slogans.
After expressing reservations about the legislation, Mamdani referred the bill to the city’s Law Department before ultimately allowing it to become law without his signature, only after the City Council passed it with a veto-proof majority.
Mamdani vetoed a companion bill that would potentially limit pro-Palestinian demonstrations, particularly on campuses. (The council later passed a modified version, and the state passed a 50-foot buffer zone bill that equally applies to all community centers and schools being used for services, education and religious observance across the state.)
Mamdani’s real test
Whether Mamdani’s careful balancing act satisfies either side may become clear when Netanyahu arrives in New York this September.
While the mayor cannot dictate U.S. foreign policy or enforce ICC warrants, City Hall still plays an important role in coordinating logistics, demonstrations and municipal services during the annual gathering of world leaders.
Mamdani can influence how unwelcoming New York feels to the Israeli leader.
The Israeli prime minister’s appearance at the United Nations is expected to draw massive demonstrations, putting City Hall’s handling of protests and policing under intense scrutiny.
History suggests that symbolism matters.
In 1995, Mayor Rudy Giuliani triggered a diplomatic dispute after ejecting Palestinian Authority President Yasser Arafat from a United Nations anniversary concert at Lincoln Center. President Bill Clinton, protesting the move, invited the Palestinian leader to a White House reception.
For all the attention given to Netanyahu’s return to New York, he may not arrive alone. During a White House meeting last year, Netanyahu laughed off the threat as “silly” and quipped that he might travel to New York “with President Trump.” Trump responded: “I’ll get him out.”
Now, that exchange may prove to have been less a joke than a preview of where the real power lies.
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A Jewish couple fell in love with rural Oklahoma. Then they built a cemetery there.
Linda Fitzerman did not want her children making burial decisions through tears.
For years, she and her husband, Todd Boone Fitzerman, told each other they needed to settle the question. They were not interested in cremation. They wanted a traditional Jewish burial. And they did not want their children, someday, to face the cost and pressure of deciding where that burial should take place.
“They just need to show up and cry,” Linda said. “They don’t need the additional pain of having to make financial decisions.”
The answer, when it came, was not one they had expected. They created a small Jewish burial ground in Sulphur, Oklahoma, a city of about 5,000 people in the Bible Belt, near the ranch the Fitzermans bought during the pandemic and had come to love.
At Oak Lawn Cemetery, a city-owned burial ground with green grass, rolling terrain and ponds, the Fitzermans purchased a group of plots to create a circular family burial section. Four corner pillars crowned with Stars of David mark the site. Beneath the grass, the pillars are connected by buried rebar, creating a distinct boundary around the section. Linda designed the stainless steel Stars of David, which a friend welded into place.
Nearby, five young trees are taking root: two Chinese pistache trees and three Autumn Blaze maples. The Fitzermans planted them with the city’s permission and have been carefully tending them for the past year, using large water barrels to help them through the early seasons.
“We are babysitting them for at least two years,” Linda said.
The burial section was dedicated in 2025. Todd’s brother, Rabbi Marc Boone Fitzerman of Tulsa, advised them on how to create a designated Jewish space within a public cemetery. Psalms and other prayers were recited at the site. There was no minyan, Todd said, but “spiritually we are there.”
To the Fitzermans’ knowledge, no other Jew is buried in Oak Lawn Cemetery.
A pandemic, and a plan
The cemetery project grew out of a life they did not plan to build in Oklahoma. Todd, 67, and Linda, 65, are both from the Detroit area and were raised in Conservative families. They met in Dallas when their children were young and have been married for 24 years. Dallas remains home. The couple still runs a business there, Local Oven, a gluten-free baking company.
But during the long uncertainty of the COVID pandemic, they began thinking about land.
“We felt so bottled up, and we wanted to get out,” Linda said.
They first responded to an advertisement for 10 acres near water in Texas. The search widened. Todd’s son suggested that 50 acres would be enough room to shoot on the property. Eventually, Todd found 158 acres outside Davis, Oklahoma, about two hours north of Dallas. They began building a working ranch. Todd’s son keeps cattle there. The Fitzermans now divide their time between Dallas and Oklahoma, spending roughly half the week in each place.
“It is a beautiful ranch,” Linda said. “It’s very calming to be out here, really beautiful, nothing like the city.”
Todd described hearing coyotes at night, watching the cattle roam, and the pleasure of “playing cowboy” for part of the week. Linda said she had not known, when they bought the land in 2021, “how important Oklahoma was going to be.”
“It was never a plan,” she said. “It just sort of evolved.”
Their relationship with the area deepened through the people they met there. Todd and Linda said one local friend, who lives across from Oak Lawn Cemetery and owns a large construction company, helped introduce them around Sulphur when they were new. He had also acquired plots in the cemetery through a trade arrangement for excavation work. Seeing what he had done opened a possibility they had not considered.
For years, Linda said, they had found “nothing intriguing” in Dallas cemeteries. Many Jewish plots cost $7,000 or $8,000. One cemetery with a Jewish section had plots priced around $36,000.
“Why would I spend money like that?” Linda said.
In Sulphur, plots were $300 each. For $4,500 total, they could create a family burial place tailored to them.
“We finally had an opportunity that just presented itself,” Linda said.
The circle layout itself came from her memory. In Michigan, she said, part of her family is buried in an older Jewish cemetery arranged not in straight rows, but in a circular shape.
“I thought that was really nice,” she said. “I liked it.”
So Linda and Todd approached the city and asked whether they could create a Jewish cemetery section in Oak Lawn. The response, they said, was strikingly easy.
“We shared that with the city and they said, ‘Yeah, sure,’” Linda said. “I’ve never seen any place give me the green light on every question.”
The city’s one practical concern was that everything remain level enough for its crews to mow. It allowed the Fitzermans to select the location, a corner where two cemetery roads meet. It also permitted them to plant the trees on easement land beside the plots.
“The city is 100% accepting,” Linda said.
Todd put it similarly. “The city could not have been more accommodating,” he said.
The Fitzermans say their religion has never been a problem. “It is the Baptist Bible Belt,” Linda said. “Everyone here has been so willing to accept us. They are inquisitive and curious. Our religion has not been an issue for anyone.”
Todd said that not everyone in Sulphur knows they are Jewish, “but lots of people know we are Jews.” When Todd’s son held his Jewish wedding on the ranch, he said, many non-Jewish guests had never attended one before. Friends asked questions. Guests wore kippot or cowboy hats. Tallitot belonging to Todd, his father and his son’s other grandfather formed the wedding canopy.
“There were more Jews in Sulphur for my son’s wedding than ever before,” Todd said.
Peace of mind
For Linda, the cemetery’s Jewish symbols were important. She wanted the pillars to be easy to find. More than that, she wanted them to say plainly what the site was.
“When we see the pillars, they reflect what we are doing, which is our religion,” she said. “Nothing is more stately than the Jewish star.”
“Our little decor, to me, sends a really beautiful statement,” she added. “I’ve always been proud to be Jewish. I wouldn’t want to be buried any other way.”
The Fitzermans have tried to spare their children as much uncertainty as possible. They have assigned the burial titles to their children and their children’s partners, while making clear that use of the plots will remain their choice. They have also documented the practical steps to follow when the time comes, including where a body could be prepared for Jewish burial in Dallas or Oklahoma City.
“You don’t think about it until a family member is going through it,” Linda said.
She views the cemetery as a natural extension of family care. “You are always, always part of your family,” she said. “If you want these, they are there for you.”
Todd described the burial ground in similar terms. It offers “peace of mind,” he said: a final resting place in a community they love and want to be part of.
The trees, Linda noted, will eventually grow large. The Chinese pistache trees can grow to over 25 feet with age. The maples, she said, will be especially beautiful in the fall.
They hope it will be many years before the cemetery is needed.
But the question that had lingered for so long has now been answered. Their children will not have to find a plot, compare prices, choose a cemetery, or wonder whether their parents’ burial wishes were honored.
They will only have to come.
And cry.
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Why Orthodox Jews are pushing back against permanent daylight saving time
(JTA) — For many Orthodox Jews, a typical winter weekday begins early: head to synagogue, gather in a minyan for morning prayers, then rush off to work.
Orthodox Jewish groups say a bill that would make daylight saving time permanent could upend that routine by pushing winter sunrises — and the earliest permissible time for some prayers — an hour later.
Agudath Israel of America is among the groups urging the Senate to reject legislation that would make daylight saving time permanent nationwide, arguing that the change would create both public safety risks and significant challenges for Orthodox Jewish religious life.
The House passed the Sunshine Protection Act on Tuesday by a wide bipartisan margin. In a statement issued after the vote, Agudath Israel said it understood the appeal of ending the twice-yearly clock changes but opposed making daylight saving time permanent.
The Orthodox advocacy organization warned that permanent daylight saving time would push winter sunrises past 9 a.m. in some parts of the country, forcing many children to travel to school before dawn. It also said the later sunrise would make it difficult for observant Jews to attend morning synagogue services and still arrive at work or school on time, because Jewish law prohibits reciting key morning prayers before prescribed times tied to sunrise.
“The extension of DST will create an extreme hardship on observant Jews,” the organization said. “It would be extraordinarily difficult — if not impossible — to arrive on time for a job and will affect the start time of our schools.”
The Orthodox Union and the Coalition for Jewish Values have also come out against the measure.
In a column for Chabad.org that didn’t take a position on the bill, Menachem Posner also wrote that the change would present a challenge in parts of the country for morning minyan, the 10-person prayer quorum. But he also noted an upside to the extension of daylight saving: a later start time for Shabbat on short winter Fridays.
Shabbat begins at sundown, which during the winter can fall before 4:00 p.m. in parts of the country. “With DST, however, this will be shifted one hour later, so that even on the darkest day of winter, Jews will have one more hour to prepare for Shabbat,” Posner wrote.
Orthodox parties in Israel have also made an issue of changes to the daylight saving calendar. In 2011, Prime Minister Benjamin Netanyahu’s cabinet unanimously approved extending daylight saving time until the first Sunday after Oct. 1, despite objections from haredi parties. The change brought Israel’s clock closer to European practice while still acknowledging Orthodox concerns about morning prayer and a later start time to Yom Kippur that they argued would make the fast more difficult.
This week Agudath Israel also pointed to the brief U.S. experiment with year-round daylight saving time during the 1970s energy crisis, when Congress repealed the policy after widespread public dissatisfaction over dark winter mornings.
The organization said it hoped the Senate would weigh the broader consequences of permanent daylight saving time, including alternatives such as permanent standard time or retaining the current system of seasonal clock changes.
This article originally appeared on JTA.org.
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