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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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Why is AIPAC targeting Trump’s ICE funding?
The American Israel Public Affairs Committee, often a reliable ally of pro-Israel Republicans, is now echoing Democratic outrage over one of President Donald Trump’s most polarizing policies: immigration enforcement. It comes amid backlash sparked by the fatal shooting this month of Renee Good by an ICE agent in Minneapolis.
AIPAC’s super PAC, United Democracy Project, began airing an attack ad over the weekend against former Democratic Rep. Tom Malinowski, who is running in a Feb. 5 primary for the House seat vacated by New Jersey Governor-elect Mikie Sherrill. The ad highlights his 2019 vote for a bipartisan border funding bill, which included an increase in funds for the Immigration and Customs Enforcement agency. “We can’t trust Tom Malinowski” to stand up to President Donald Trump, the voiceover says in the 30-second video.
AIPAC has become increasingly controversial among mainstream Democrats for backing pro-Israel Republicans who questioned the 2020 election results. That opposition deepened during the Gaza war as Democratic voters became more polarized over U.S. policy on Israel. Congressional candidates, including some Jewish Democrats, have promised not to take contributions from AIPAC. The group has also drawn attacks from white nationalists and some leaders of the MAGA movement for their lobbying on behalf of a foreign government.
The new ad is especially notable given that AIPAC has spent years cultivating ties to Trump-aligned Republicans, many of whom strongly support aggressive immigration enforcement. By attacking a Democrat over ICE funding while sidestepping Trump himself, the group is threading a narrow needle — aligning rhetorically with Democratic outrage while maintaining its broader bipartisan posture.
In the 2024 election cycle, the group spent $28 million in high-stakes Democratic primaries. That included more than $14 million, which contributed to the defeat of Rep. Jamaal Bowman, a strident critic of Israel. Malinowski, who served two terms in Congress from 2019 to 2023, holds a mainstream Democratic stance on Israel. During his first term, he traveled to Israel on a trip sponsored by the American Israel Education Foundation, AIPAC’s educational affiliate.
Israel has not been a key issue in the crowded special election in the northern New Jersey district, which includes a sizable Jewish electorate. The Jewish Democratic Council of America held a virtual candidate forum last week with eight candidates on issues important to Jewish voters.
A spokesperson for the United Democracy Project did not immediately respond to questions about why the group is targeting Malinowski, particularly on such a deeply contentious political issue. AIPAC spent at least $350,000 on the ad.
AIPAC ad is out https://t.co/f0cH6AIgja pic.twitter.com/udwL7nJgYf
— umichvoter (@umichvoter) January 17, 2026
Malinowski, 60, is a former assistant secretary of state for democracy, human rights and labor in President Barack Obama’s second term and previously served as a foreign policy speechwriter for President Bill Clinton. He first ran for Congress in 2018 in New Jersey’s 7th District, saying he was motivated by Trump’s election.
“I am myself an immigrant from Poland. My family was not Jewish, but experienced life under the Nazi occupation,” Malinowski said in an interview at the time. “That’s where my commitment to defending human rights comes from. That’s where my belief in the importance of protecting Israel comes from.” He is a close friend of former Secretary of State Antony Blinken. Malinowski was defeated in the 2022 election.
Malinowski is competing for the open seat against at least two leading contenders: Outgoing Lt. Gov. Tahesha Way and Essex County Commissioner Brendan Gill.
AIPAC typically focuses on U.S.-Israel relations and national security issues. However, its political arm has focused on domestic issues in close contests.
In 2024, they attacked Reps. Jammal Bowman of New York and Cori Bush of Missouri — two of the first House members to advocate for a ceasefire after the Hamas attack on Oct. 7, 2023 — over their votes against signature Biden-era bills, like infrastructure and healthcare.
In a statement to the New Jersey Globe, Malinowski called the attack “laughably preposterous” and suggested it would boomerang against AIPAC. “I have many pro-Israel supporters in the district, including AIPAC members, who believe you can be passionately pro-Israel while being critical of Netanyahu,” Malinowski said. “To say that they’re appalled by this ad would be an understatement. In fact, I’m reading a collective sense that AIPAC has lost its mind.”
The post Why is AIPAC targeting Trump’s ICE funding? appeared first on The Forward.
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The Jewish women who kept Confederate graves from disappearing
In June 1866, just over a year after the Civil War ended, young Jewish men in Richmond, Virginia, removed their coats and set to work among the graves of their fallen comrades. Some were “frail of limb,” a newspaper noted. They wheeled gravel and turf, filled the graves, and tamped the earth down “in a very substantial manner.” It was the last sad tribute they could offer.
The work that day was organized by Jewish women in the city. Their aim was permanence: to enclose the soldiers’ graves, to mark them, and to ensure they would not disappear “before the relentless finger of time.”
The Hebrew Cemetery in Richmond was established in 1816, decades before the Civil War reshaped the nation and long before the city became the capital of the Confederacy. It was the second burial ground for the Beth Shalome Congregation, Virginia’s first synagogue. Tucked within its grounds is the Soldiers’ Section, where 30 Jewish Confederate soldiers are buried, in what is believed to be one of only two Jewish military cemeteries in the world outside Israel.
They came from across the South, including Georgia, Mississippi, South Carolina, Virginia, and beyond. A bronze plaque at the entrance reads: “To the glory of God and in memory of the Hebrew Confederate soldiers resting in this hallowed spot.”
What matters here is not only who is buried — but who remembered them, and how.
The work the war left behind
In 1866, just a year after the war’s end, Jewish women in Richmond organized the Hebrew Ladies’ Memorial Association. That same year, the group issued an appeal “to the Israelites of the South” for aid to enable the society to care for the graves of Jewish Confederate soldiers from all over the South who lie buried in the cemeteries of Richmond.
It was a duty, an act of chesed shel emet, Hebrew for the truest form of kindness, performed for those who could not repay it.
Newspaper accounts from the period are striking for their clarity and urgency. These women understood that the work of memory is laborious — physical, ongoing, and vulnerable to neglect. Graves, they warned, could vanish unless someone acted.
So they took responsibility.
By the late 1860s and 1870s, the Association’s work had grown to include an annual memorial service. Reports describe flowers laid carefully on each grave, marble slabs placed at the head of each burial, names and regiments inscribed so those resting there would not slip into anonymity.
An 1868 account observed that “each grave has been marked in a manner that ensures that the names of the still tenants of this beautiful spot will be preserved from oblivion; and handed down to be further cherished by the generations yet to come.”
That language echoes a Jewish concept. Zachor. Remember.
Memory, they understood, does not preserve itself.
Importantly, these memorial services were not closed affairs. One report from 1868 noted that the crowd gathered in the cemetery “was not confined to any one denomination.” Jewish lives were honored in the public view, but still held apart from Richmond’s larger Confederate cemeteries, Hollywood and Oakwood, which were not consecrated for Jewish burial and could not accommodate Jewish ritual requirements, including separate sacred ground.
Tending the dead
The care itself remained constant, but the language surrounding it did not.
What is striking in early accounts of the Soldiers’ Section of the Hebrew Cemetery is not the absence of politics, but how its weight changes over time.
In the earliest years, memory and the war were still closely bound. The 1866 appeal issued by the Hebrew Ladies’ Memorial Association spoke openly of a “glorious cause” and framed the soldiers’ deaths within the language of Confederate sacrifice. Like other women’s memorial groups in the postwar South, these Jewish women used care for the dead to assert dignity and a claim to sacrifice in a defeated society.
Yet even then, the work itself was grounded in restraint. The focus was on names, tending, and preservation — on preventing the graves from vanishing. The labor was physical, repetitive, and unglamorous. Whatever meanings surrounded it, the work remained the same.
As decades passed, the emphasis shifted. By the 1930s, memorial services featured a cadet, Walter McDonald of the Catholic Benedictine College, sounding taps and the ceremonial laying of wreaths. Confederate organizations were invited to attend. In 1940 and 1941, the public was welcomed to observe the 74th and 75th annual memorials. After 1941, the Hebrew Ladies’ Memorial Association continued to participate alongside other organizations in Memorial Day observances, but it appears that by 1947 the local observance of “Hebrew Memorial Day” or “Jewish Confederate Memorial Day” faded as a distinct commemoration.
Across generations, the observance persisted, a refusal to abandon the dead to neglect. Memory grew larger than any one explanation. The women’s work became less about what the war had meant, and more about what the living still owed to their dead.
A refusal to forget
This is a complex story that shows how history so often complicates memory. It sits at the intersection of some of America’s most divisive episodes and a small minority faith community declaring its presence and its sacrifices over decades.
When the Civil War ended, Jews needed to be buried. What followed was a choice.
The Hebrew Ladies’ Memorial Association chose to take responsibility. To remember “many a loved brother, son, and husband.” To insist that whatever judgment history would render, oblivion was not acceptable for “Israelitish soldiers of the Confederate army.”
Today, the Soldiers’ Section in Richmond’s Hebrew Cemetery remains. Names are still remembered. The work begun in 1866 was not temporary.
The post The Jewish women who kept Confederate graves from disappearing appeared first on The Forward.
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Spanish PM Sanchez Says US Invasion of Greenland ‘Would Make Putin Happiest Man on Earth’
Russian President Vladimir Putin welcomes US President Donald Trump’s envoy Steve Witkoff during a meeting in Moscow, Russia, Aug. 6, 2025. Photo: Sputnik/Gavriil Grigorov/Pool via REUTERS
Spanish Prime Minister Pedro Sanchez said a US invasion of Greenland “would make Putin the happiest man on earth” in a newspaper interview published on Sunday.
Sanchez said any military action by the US against Denmark’s vast Arctic island would damage NATO and legitimize the invasion of Ukraine by Russia.
“If we focus on Greenland, I have to say that a US invasion of that territory would make Vladimir Putin the happiest man in the world. Why? Because it would legitimize his attempted invasion of Ukraine,” he said in an interview in La Vanguardia newspaper.
“If the United States were to use force, it would be the death knell for NATO. Putin would be doubly happy.”
President Donald Trump on Saturday appeared to change tack over Greenland by vowing to implement a wave of increasing tariffs on European allies until the United States is allowed to buy Greenland.
In a post on Truth Social, Trump said additional 10 percent import tariffs would take effect on February 1 on goods from Denmark, Norway, Sweden, France, Germany, the Netherlands, Finland and Great Britain — all already subject to tariffs imposed by Trump.
Those tariffs would increase to 25 percent on June 1 and would continue until a deal was reached for the US to purchase Greenland, Trump wrote.
Trump has repeatedly insisted he will settle for nothing less than ownership of Greenland, an autonomous territory of Denmark. Leaders of both Denmark and Greenland have insisted the island is not for sale and does not want to be part of the United States.