Uncategorized
‘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.
Uncategorized
Far-right Israel critic James Fishback likens abortion to the Holocaust
(JTA) — James Fishback, a fierce critic of Israel and a far-right politician, offered scathing remarks about the Jewish state and likened abortion to the Holocaust during an address at the University of Mississippi on Tuesday evening.
Fishback, a former GOP gubernatorial candidate in Florida, recalled that earlier this summer the Combat Antisemitism Movement flagged as antisemitic one of his X posts describing abortion as a holocaust.
“Abortion is a holocaust, and by every single historical metric available, it was worse than the other one,” Fishback said, claiming that “61 million children have been killed in the womb since Roe v. Wade was wrongly decided in 1973.”
He also had harsh words for the state of Israel. “It is time for President Trump to call [Prime Minister] Benjamin Netanyahu and cut him off. We must decouple from Israel to save America,” he added.
Fishback was speaking at a Turn Up the Mic forum arranged by members of the University of Mississippi chapter of Turning Point USA, the organization founded by the late Charlie Kirk.
Slamming immigration policies on both sides of the aisle — Republicans for too few mass deportations and Democrats for an influx of foreign workers — Fishback declared, “It’s time to stand up and tell both parties that no, American jobs are for Americans only.”
He noted, however, that making such demands could result in a person being labeled a racist or misogynist, and that “if you’re really bad they’ll call you an antisemite.” Stressing that he condemns “all forms of religious hatred,” he maintained that “the most virulent” type is the hostility “against Christians in this country.”
Fishback blamed Israel and the inability of the U.S. to “tell them no” for drawing the country into the war with Iran. That war, he argued, has pushed gas prices and Treasury yields higher.
This article originally appeared on JTA.org.
The post Far-right Israel critic James Fishback likens abortion to the Holocaust appeared first on The Forward.
Uncategorized
Protesters stormed Mahmoud Khalil’s book release. His Israeli editor confronted them.
Minutes before activist Mahmoud Khalil was scheduled to speak Tuesday night about his new memoir at a bookstore near the Columbia University campus where he led pro-Palestinian demonstrations, protesters stormed inside with a megaphone, a sign and a large American–Israeli flag.
“Zionist Jews are here,” announced Ross Glick over the megaphone, as he entered Book Culture. “We are against intifada.”
Glick is the former CEO of Betar US, a pro-Israel organization labeled an “extremist group” by the Anti-Defamation League for its harassment tactics. Betar previously shared names of pro-Palestinian protesters, including Khalil, with federal immigration authorities. Khalil is suing Betar along with the Heritage Foundation and the Canary Mission. Betar reached a settlement with New York state over harassment allegations and wound down its operations.
Khalil was upstairs, along with most of the book event’s attendees, when the demonstrators entered the store downstairs. Employees ushered the protesters outside, but one came back inside minutes later waving the flag and singing “Am Yisrael Chai.”
A store employee tried to grab the flag from the protester. After a brief tug-of-war, the protester appeared to hit the employee’s arm as he pulled the flag from her.
Khalil’s editor Riva Hocherman, who is Israeli, confronted the protesters in Hebrew.
“I really wanted to get a sense of whether they knew Hebrew, and they didn’t,” Hocherman told the Forward. “They just enrage me.”
Hocherman specializes in publishing books on the Middle East and previously worked with Rashid Khalidi as his editor on The Hundred Years’ War on Palestine. She said she was motivated to work with Khalid because, “His story was one that was really worth telling, and a great injustice was perpetrated.”
Khalil’s memoir, No Land to Stand on, focuses on his 2025 detention by Immigration and Customs Enforcement. Khalil was held for more than 100 days and became the face of the debate over free speech on campus and when anti-Zionism crosses the line into antisemitism.
In his book, Khalil, who was born in a Palestinian refugee camp in Syria, says that pro-Palestinian protesters were peaceful, while “it was the pro-Israel students and Zionist groups that had provoked confrontations, harassed Palestinian students, and in some cases physically attacked them.”
Khalid mentions Hocherman in the acknowledgments section of his book: “Riva, my editor, is not only a champion of the book but of the cause.”
Hocherman addressed the protesters because she said they lie about Khalil, and because she wanted to show that not all Jews and Israelis think the same.
“Our opinion is not a monolith,” she said. “There is a range of opinion among Israelis and Jews. We don’t all think like they do.”
The event, only slightly delayed, carried on without further interruptions. Khalil spoke with environmental lawyer and activist Steven Donziger and answered a few questions from attendees before signing books. He received a standing ovation from the crowd of more than 85 people.
The post Protesters stormed Mahmoud Khalil’s book release. His Israeli editor confronted them. appeared first on The Forward.
Uncategorized
If Trump makes good on offering Canadian Jews refugee status, will they come?
(JTA) — TORONTO –- Sari Watson was too afraid to attend Yom Kippur services. Concerned by rising levels of antisemitism in Canada, she was safely at home 25 minutes away when a gunman charged at her childhood synagogue.
“My internal alarm has been going off, and you begin to think about escape routes or backup plans,” said Watson, 39, who lives in Quinte West, Ontario, about 15 miles west of Belleville, where the attack during Kol Nidre on Sept. 20 culminated in a shootout that left the gunman dead and one policeman hospitalized. “The only reason I wasn’t at synagogue was because I have been terrified of this exact situation, or worse, happening.”
Florida Sen. Rick Scott, Oklahoma Gov. Kevin Stitt and President Donald Trump himself, all Republicans, have proposed extending refugee status to Canadian Jews who fear the spike in antisemitism in their country.
“’It’s so amazing to know that the Republicans understand the level of antisemitism we’re dealing with here,” she says. “President Trump gets the climate and the danger.”
Still, Watson has mixed emotions about the thought of leaving her home country. “I want to stay here and fight for our safety in Canada,” she said. “The option to come to the U.S. is really important, but we shouldn’t have to need it.”
The Trump administration has imposed stringent restrictions on immigration and is carrying out mass deportations, but is inviting South African whites – and now, potentially, Canadian Jews – refugee status. Critics accuse Trump of playing politics with refugee status, but some Canadian Jews see it as a lifeline.
Talk of Jews feeling compelled to leave Canada gained momentum last week when a well-known Jewish journalist posted publicly on social media about getting a foreign passport. Neil Herland, a newsreader for the national broadcaster, the CBC, wrote on X about his encounter with pro-Palestinian protesters outside Toronto’s Meridian Arts Centre, where Yom Kippur services were being held. Herland said that, concerned about rising antisemitism in Canada, he recently acquired his Austrian passport as a safety precaution. (Independent Press Gallery, a press freedom advocacy group, condemned the CBCfor reportedly suspending Herland after pro-Palestinian advocates lodged a complaint about his post.)
Some Jews are past the precaution stage. Sheldon Shugal, 64, and his wife are currently researching how to move to the United States.
“If I were able to claim refugee status to come to the U.S., I’d do it without hesitation,” said Shugal, who lives in Calgary. “I used to love our country … but it’s just not a place that I want to continue to live in.”
Shugal, a property manager, said he has seen increased antisemitism in Canada in the wake of the deadly Hamas raid in Israel on Oct. 7, 2023, and the war it launched. He said he and his wife have been struggling to overcome the complexity of acquiring an American visa.
“The Jew-hatred is no longer rising in Canada, it’s fully immersed here,” says Shugal. “It’s not the country I grew up in. I don’t feel affinity to Canada anymore.”
Shugal’s concerns are reflected in the findings of B’nai Brith Canada, which recently reported a 9.3% increase in antisemitic incidents from 2024-2025. According to this report, online harassment has surged dramatically, while Ontario saw the greatest total number of antisemitic incidents out of all the Canadian provinces and territories.
Antisemitic attacks have proliferated. In March of this year, Toronto synagogue Temple Emanu-El was shot at following Purim celebrations. The next week, two more Toronto synagogues were hit with gunfire over Shabbat, causing damage to the buildings, though no injuries were reported. In late April, assailants allegedly fired replica guns at “visually-identifiable” members of the city’s Jewish community, with one of the men sustaining minor injuries.
Shugal said reports of antisemitism have rattled him as well as the pro-Palestinian encampment his daughter encountered on her campus. “There hasn’t necessarily been anything I’ve personally experienced. It’s just what I’ve seen throughout the country,” Shugal said.
Lauren Cohen, an immigration lawyer based in Boca Raton, Florida, said that since the Oct. 7 attacks, about half of her Canadian clients cite antisemitism as a primary reason for wanting to leave Canada for the United States.
“In the past three months, I’ve noticed a very significant increase in the number of people between 55-70 who are contacting me,” said Cohen, who is originally from Toronto. “They have grown children or no children, and they have a little bit more money,” she said. “They want freedom.”
Antisemitism is not the only consideration for her clients, Cohen said. “The economy’s struggling. It’s not just antisemitism,” she said. “That might be the straw that broke the camel’s back, but it’s so many other factors as well.”
Cohen founded the Jewish Community Collective, an organization which helps Jewish Canadians and “displaced Jews” find connection in America. Another option for Jewish Canadians looking to make a new home in the States is Lech L’Tulsa, a program cosponsored by the Jewish Federation of Tulsa that helps settle Jewish newcomers, “designed to help Jewish Canadian citizens relocate to Tulsa.”
Some Canadian Jews do not see greener grass south of the 49th parallel, however. They point to Canada’s more expansive social safety net as one of the many reasons life in the Great White North” is better.. “Unquestionably, the answer to whether I’d consider moving to the States is emphatically ‘no,’” said Lawrence Stanleigh, a dentist in Calgary.
“I believe our country is a better place to live,” said Stanleigh, 67. “The U.S. doesn’t have a public healthcare system. Why would I want to leave our safety net for the U.S.?”
Stanleigh said the idea that the United States is a safe haven for Canadian Jews is misleading. “As bad as things are in Canada, I think they’re worse in the United States,” he said. “It’s not a better place for education or for healthcare. The whole idea of moving there for our safety is a fantasy that the Republicans believe in.”
Substituting the United States for Canada is shortsighted, Stanleigh said. “There are failures on behalf of Canadian leaders to stand firm in their support of the Jewish community,” he said. “But as bad as things are, I think they’re worse in the States. Our American cousins are blithely unaware of the problems they have at home.”
Anthony Housafather, a Jewish Canadian Member of Parliament representing a riding, or electoral district, in Montreal, is skeptical of the notion that the United States would offer Jews better protection.
“I think this idea is inspired by some right-wing Jews who have decided that their mission is to attack the Canadian government, and to make it look like somehow, Donald Trump and the Republicans are the savior of the Jewish people,” Housefather said in an interview.
Trump and Canadian Prime Minister Mark Carney are at a low point in their relationship, with tensions over trade intensifying – and Trump seeks opportunities to take potshots at Carney.
Housefather also does not believe that leaving for the United States is gaining traction among Canadian Jews. “There are some people who have decided that Florida or Israel is a greener pasture,” he said. “But that does not represent a significant or a predominant view, and the idea that everybody’s leaving Canada is actually not true.”
The increase in antisemitism is universal – and should be treated holistically, he said. “What I do agree with is everywhere there’s a very serious problem with antisemitism,” he said. “Everywhere Jewish communities don’t feel safe, and all levels of government need to keep doing more.”
Housefather encourages his Jewish countrymen to remain proud Canadians. “Antisemitism has grown to an unacceptable level in this country,” he said. “It doesn’t mean that you should have less pride in being Canadian because there’s a loud, angry, small group of Canadians trying to make us scared.”
This article originally appeared on JTA.org.
The post If Trump makes good on offering Canadian Jews refugee status, will they come? appeared first on The Forward.
