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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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Israeli restaurants are hiding their identity. New York magazine won’t say why
I walked into Jerusalem Chicken restaurant because someone told me it served the best maqluba this side of Jerusalem — all within a few minutes of LAX.
Outside, the well-lit sign said, “Palestinian Chicken Eatery,” which, because I’d seen the Curb Your Enthusiasm “Palestinian Chicken” episode about a dozen times, already had me smiling. Then I stepped inside.
Across from a deli counter filled with platters of rice and roasted vegetables was a cardboard sign: “End US Funding of Israel. Defend Palestine. End the Cycle of Genocide.”
This was 2022. Genocide seemed like an especially scurrilous charge, but it was their restaurant. I could yell, scream, protest, vandalize the place or call for a boycott. The young man behind the counter served me a leg and a thigh roasted dark, fragrant with sumac, clove and cinnamon. I ate.
Call me crazy but that’s what I demand of restaurants: Good food, clean kitchens and kind service. But, it seems, when it comes to Israeli restaurants, a different standard applies.
Somewhere toward the end of her long New York magazine feature on Middle Eastern food in New York City, Madeleine Leung Coleman points out that Israeli restaurants are increasingly labeling themselves as Middle Eastern or Levantine rather than Israeli.
“There could be many reasons why,” she writes. “Perhaps there’s a fear of being targeted. Or they’re second-guessing if they should call their food ‘Israeli’ at all.”
I’m going to offer a third choice: Perhaps it’s because of articles like hers.
The disappearing ‘Israeli’ restaurant
Coleman understates the actual violence against Israeli and Jewish-owned restaurants (and, oddly, against Palestinian restaurants). She implies that Israeli restaurants serve food that is somehow stolen from Arab cultures. She blurs the distinction between Israeli restaurateurs and the actions of a government 7,000 miles away. In short, she reinforces the stigma she purports to describe. It’s a case study in journalism-as-activism, for which innocent restaurateurs and diners will pay the bill.
Her piece, “When Eating Out Is Political,” charts the evolution of Middle Eastern food in the city from turn-of-the-century market stalls, falafel stands and halal carts to its current incarnation in high-end, often Michelin-starred chef-driven restaurants.
The core argument is that Israeli restaurants became trendy by appropriating Palestinian, Mizrachi and North African dishes while Arab, Iranian and North African restaurants languished as cheap, “outer-borough” places, and especially post-9/11 hid their identities behind a vague “Mediterranean” label.
Since Oct. 7, 2023, and growing protest against Israel, the stigma has reversed. Palestinian, Syrian and Iranian restaurants have flourished with cheffy food, and owning their particularist labels, while Israeli restaurants have had to hide their identity.
It’s true that Middle Eastern cuisines are having their moment in New York, and Coleman’s descriptions of the “delicate, hand-shaped beef dumplings” at the Syrian restaurant Huda or the wild mallow “topped with twists of fried onion and salty black olives” at the Palestinian restaurant Tanoreen in Brooklyn make it clear that these chefs, whether Palestinian, Syrian or Iranian, should be celebrated.
But the celebration is tainted with bias and ignorance when it comes to all things Israeli.
From Moshe’s Falafel to Solomonov
First, the history. By Coleman’s recounting, Israeli restaurants swooped in to success and instant “It” status sometime in the early aughts.
“We were told this was the flavor profile of this young country,” she writes, “which was so richly funded and supported by our own.”
I’m not sure what American aid to Israel has to do with the efforts of early chefs like Einat Admony and Michael Solomonov, but that sentence shows how Coleman condemns talented individual chefs for somehow being complicit in … foreign aid decisions?
She’s also wrong on the timeline. Israeli food came to America the same way Arab food did, with immigrant sweat and no guarantees of success. Moshe Mizrachi, an Israeli of Syrian origin, opened his falafel restaurant in Manhattan in 1981. It failed. He reincarnated it as a cart, and four decades later it’s an institution.
The food these Israelis brought with them wasn’t, as Coleman writes, Arab dishes or food their grandmothers made — her attempt to dismiss Israeli food as either stolen or copied.
She might have mentioned that over half of Israel’s population has origins in the greater Middle East and North Africa. Falafel, hummus, stuffed vegetables, shakshouka and all the glorious ingredients that go into them were part of their traditions too. What was a Jewish chef from Iraq supposed to cook, lox and cream cheese?
From shattah to schnitzel
Israelis also ate what Palestinians ate, and learned to cook it. This is how every culture’s foodways evolve — including that of Palestinians.
In the 15th century, Christopher Columbus brought chile peppers back from the Americas, after wreaking havoc on the native populations. Those chiles give Palestinian shattah sauce its heart and heat. The “most traditional Palestinian dish,” according to cookbook author Reem Kassis, is maftool, a pebbly couscous that likely arrived via the Berbers, whose own history of subjugation, rebellion and assimilation with the Muslim invaders is, to say the least, fraught. Schnitzel is now a popular Palestinian dish, likely adopted from Ashkenazi immigrants.
Cultures exchange food, like they do music, fashion and language. None of this is to say Israelis haven’t ignored or downplayed the Palestinian contribution to their cuisine, or used food as a political or economic weapon — most unconscionably in Gaza itself. But the Israeli chefs most associated with the New Israel Cuisine are usually the first to point all that out.
“I don’t think there’s enough understanding how deeply rooted Israeli food, as it’s cooked at the moment and seen all over the world, is actually based on Palestinian cooking,” the chef and author Yotam Ottolenghi told me in a 2022 interview.
Credit where credit is due. But the only reason to question an Israeli cook’s right to do what cooks throughout history have done is if you question Israel’s existence itself.
‘The land mass currently called Israel’
And Coleman clues us in that she leans that way.
She repeatedly refers to Israel’s attack on Gaza as a genocide. Many genocide experts and international bodies have concluded it is. Many others, including the International Court of Justice, have not, something a fair journalist would point out.
And then there is the strange way she describes an image on the menu of the Palestinian restaurant Ayat as “a cheerful tourist-style map in which the land mass currently called Israel is titled ‘Discover Palestine.’”
Even the progressive watchdog site Mediaite called that “bizarre.” Just as bizarre is her explanation for why chefs are less likely to publicize their connection to Israel.
“In the last few years,” she writes, “some Israeli restaurants have been vandalized, spray-painted with notices that accuse them of co-signing the Israeli government’s project. This may be one reason why some are staying silent.”
Here’s a better reason:
- In February 2022, vandals sprayed “F– Jews” on the wall of Miriam’s restaurant in Brooklyn.
- In December 2023 anti-Israel protesters surrounded Goldie’s, Michael Solomonov’s falafel restaurant in Philadelphia, vandalizing it and chanting, “Long live the intifada!”
- In February 2024 a masked man took a baseball bat to the windows of Rothschild TLV on Manhattan’s Upper East Side.
- In July 2025, intruders broke into a Melbourne, Australia Israeli restaurant, threw chairs and shattered windows while people were eating.
- In August 2025, intruders ransacked Manny’s restaurant in San Francisco and spray-painted “F- Manny’s” and “Die Zionist” on the walls.
There’s more, but you get the idea. It isn’t a few kids with spray cans: it’s open season on Israeli and Jewish-owned restaurants. At least three Palestinian restaurants have been vandalized as well, as well as Kanaan in Berlin, which is owned by an Israeli Jew and a Palestinian. If every Israeli restaurant is complicit in the worst behaviors of the Israeli government, is Jerusalem Chicken collaborating with Hamas?
Israeli restaurants aren’t Med-washing their names because they’re reckoning or apologetic. They’re hiding because the violence against them is getting worse, for patently absurd reasons. Coleman could have written that story, not one where victims did something to deserve it.
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Trump just used journalists as human shields — Jewish ethics has thoughts about that
Everyone has been talking about The Odyssey this summer. So much so that, apparently, the president of the United States felt the need to act out a famous piece of Greek mythology, namely the story of the Trojan horse. When an Iranian assassination threat in July seemed credible enough, the Secret Service spirited Trump off of Air Force One in a catering truck after a NATO summit in Ankara, Turkey.
The plane then took off as usual, loaded with top government officials including Secretary of State Marco Rubio and Treasury Secretary Scott Bessent, as well as the usual cast of aides and journalists who often accompany the president. Most believed they were on the plane with Trump, and weren’t aware of any threat. And had Iran actually attacked, and Air Force One been shot out of the sky, they would have gone down in the president’s place.
It is not unheard of for presidents to change plans suddenly for safety reasons, or otherwise use some amount of subterfuge to obscure their location; when Bill Clinton flew to Pakistan, for example, there were several decoy planes. But it is highly unusual for the plan to involve risking numerous other people, including civilians. Several journalists have accused Trump, who has long picked fights with the press, of using the media as an expendable human shield.
Much has been made, particularly in the Jewish world, of the idea of human shields, particularly because Hamas is often accused of the practice. Human shields can refer to putting civilians in harm’s way as part of a military strategy, or using them as decoys or to protect soldiers. (Hamas purportedly has used civilian sites such as hospitals or schools to protect their weapons stores and headquarters.)
There are numerous stories in Jewish texts in which innocent lives are sacrificed for ulterior motives, and the perpetrators are roundly condemned. King David sends his general Uriah to the frontlines so he will die and never realize that David had slept with his wife; God sends the prophet Nathan to rebuke David for his selfishness and Batsheva loses the pregnancy as punishment. When Simon and Levi destroy Shechem in retribution for the rape of their sister Dina, the patriarch Jacob censures their actions.
Though there is plenty of warfare in the Bible, and God at times orders the destruction of entire cities or groups, most Jewish sages interpret this to only apply to combatants because other commandments, such as to leave the gates of a besieged city open to allow people to flee, instruct that innocent civilians must be protected.
Beyond general ethics, the laws of war laid out in the Geneva Convention protect civilians and forbid the destruction of pivotal resources such as hospitals. But the strategy is, in many ways, a successful one precisely because it is so contemptible; everyone agrees that killing civilians not involved in war is morally wrong, which means that there is an international uproar if combatants do kill civilians to get to an enemy stronghold.
The U.S. and Israel both hold themselves apart operating uniquely moral armies — ones that follow the laws of war and protect civilians. Both nations publicly boast of fighting only necessary, noble wars. Reality, however, often differs. During the Iraq and Afghanistan wars, tens of thousands of American soldiers were discharged for misconduct. And after Oct. 7, Israel also began using human shields, forcing Palestinian civilians to go ahead of Israeli soldiers to check for traps or mines.
When Trump landed, the White House press pool asked him, on the tarmac, what the threat was, and whether the journalists and aides on board the original plane were in danger. Trump responded that he simply did what the Secret Service told him to; “I get a lot of threats,” he said, and said he believed that the plane he actually flew on — a plane no one knew he was on — was in more danger than Air Force One.
But it’s clear to everyone else — including many members of the media who were on the plane — that the civilians left on the plane targeted by the Iranian threat were human shields. Trump may have long defamed the media, but putting them knowingly in harm’s way is still a bad look. Such a bad look that, after The New York Times reported on Trump’s planes, FBI agents went to the journalists’ homes to subpoena them for their reporting.
Thankfully, neither plane was shot down. But that doesn’t make Trump’s decision to protect himself any more moral.
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Apple pays $150k to settle federal antisemitism lawsuit
(JTA) — Apple has agreed to pay $150,000 to settle a federal lawsuit alleging that the company failed to accommodate a Jewish employee’s observance of Shabbat, and later fired him after he complained of religious discrimination.
The lawsuit, which was filed by the U.S. Equal Employment Opportunity Commission in September 2025, accused Apple of discriminating against Tyler Steele, a longtime employee of one of its stores in Reston, Virginia.
Steele converted to Judaism in the spring of 2023, and while his manager initially approved his request not to be scheduled on Fridays and Saturdays due to his observance of Shabbat, another manager that replaced the previous one later rescinded the accommodation.
According to the complaint, Steele’s new manager, Anthony Dosch, denied his requests to have the days off in September 2023, allegedly telling him that month that he “could become a rules Nazi with regards to our policies.”
Days after Hamas’ Oct. 7, 2023, attacks on Israel, Dosch also warned Steele not to get into politics or debates about the conflict at work, and a month later issued him a misconduct warning claiming that Steele had body odor that violated the store’s policies.
The EEOC alleged that Steele later complained to Apple officials in November 2023 about antisemitic behavior and the denial of his religious accommodation. Steele was fired from the store in January 2024, after reminding Dosch that he could not work on a Friday the following month for religious reasons.
“Employees should not have to violate their religious beliefs to keep their jobs or live in fear of retribution because they requested an accommodation,” EEOC Philadelphia Regional Attorney Debra Lawrence said in a statement at the time the lawsuit was filed.
In its lawsuit, the EEOC accused Apple of religious discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964.
Apple and the EEOC unveiled the settlement in an Aug. 7 filing in federal court in Virginia, nearly a year after the initial complaint.
Apple denied the allegations and did not admit wrongdoing as part of the settlement, which required the company to award Steele $80,000 in back pay and $70,000 in compensatory damages and interest.
Under the settlement, the company will also be required to update its religious accommodation policies and conduct trainings with some employees in its Virginia operations within 90 days.
This article originally appeared on JTA.org.
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