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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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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.
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Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months
(JTA) — Iran fired multiple barrages of missiles toward northern Israel on Sunday night local time, in the first direct fire from Iran on Israel since early April.
No one was immediately reported injured in the barrages, according to Israeli media, and the Israeli military said it shot down all the missiles aimed at the country on Sunday night.
The attack came hours after a stabbing attack by an Israeli Arab on Jews in central Israel killed one person and left several others injured.
The Iran salvo added to the turmoil for Israelis living in the north, who have been under constant fire from Iran’s proxy Hezbollah in Lebanon, and upsetting an uneasy quiet in the rest of the country. Schools across Israel will be closed on Monday.
Iranian officials said the barrage was a response to Israel’s strike earlier Sunday on a Hezbollah installation in the suburbs of Beirut, which the Israeli army said targeted a command center used to direct attacks on its troops.
Hezbollah last week rejected a U.S.-brokered ceasefire deal that would have halted Israeli strikes in Beirut, saying that it could not abide by terms that would have required it to exit southern Lebanon.
During a five-week war that Israel and the United States initiated against Iran on Feb. 28, at least two dozen Israelis were killed when Iran fired hundreds of missiles at the country in near-daily barrages. Active hostilities involving Israel ended when U.S. President Donald Trump initiated a ceasefire on April 8. He and Iran have not yet agreed to terms that would permanently end the war.
Trump said he was “not happy about” Israel’s strike in Beirut and signaled that he did not see Iranian barrage as an impediment to a future deal.
“It’s certainly not going to help negotiations,” he told Fox News. “We’re very close. I would say an agreement would be signed on Monday, Tuesday or Wednesday of this coming week. And now this takes place.”
Addressing Iran directly, Trump said, “You’ve shot your missiles, that’s enough. Get back to the table and make a deal.”
Israeli Prime Minister Benjamin Netanyahu did not immediately respond publicly to the Iranian attack on Israel.
This article originally appeared on JTA.org.
The post Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months appeared first on The Forward.
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Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support
Maine Democrats are poised to nominate Graham Platner on Tuesday to challenge incumbent Republican Sen. Susan Collins in one of the most important Senate races this year. But a series of recent domestic violence allegations and controversies surrounding Platner could become a major political problem for the party in its effort to regain control of the Senate.
The controversy extends beyond questions about electability. Jewish Democratic organizations have withheld support from Platner over his past Nazi-linked tattoo, criticism of Israel and rhetoric that some Jewish leaders view as troubling, even as top national Democrats rally behind his candidacy.
The primary was effectively decided weeks ago when former Gov. Janet Mills suspended her campaign after lagging in polls and struggling to raise money. Mills never formally withdrew from the ballot, leaving open the possibility that some Democrats will use Tuesday’s primary as a protest vote against Platner
The dilemma facing Democrats is unusually stark.
Maine, considered a purple state, is widely viewed as one of the party’s clearest opportunities to flip a Republican-held Senate seat. Collins, 73, is running for a sixth term, though critics argue her image as a political moderate has diminished in recent years. In her last reelection campaign in 2020, Collins defeated her Democratic challenger 51-42. Sara Gideon, who is married to a Jewish lawyer, ran a competitive race and drew support from Maine’s estimated 15,000 Jewish voters and outside Jewish Democratic groups.
The 41-year-old Platner, an oyster farmer and former Marine, appeared to be the kind of insurgent candidate Democrats dream about. He led Mills by a significant margin and consistently ran ahead of Collins in public polling.
But the past two weeks have left Democrats struggling with his candidacy.
Reports about explicit messages sent to women while married and allegations from former partners describing threatening and troubling behavior, along with scrutiny of past online posts, put the Platner campaign on defense.
For Jewish voters, Platner’s rise and the party’s embrace of him were already hard to swallow. Platner faced backlash last year after acknowledging that a black skull-and-crossbones tattoo on his chest resembled a Nazi symbol. He has since covered it up. In past posts on Reddit, Platner defended a man with a Nazi SS lightning bolt tattoo who impersonated a federal officer at a Black Lives Matter protest in Las Vegas in 2020.
A New York Times story last week cited an ex-girlfriend who said Platner knew for years that the tattoo on his chest was associated with Nazi imagery, an allegation he has forcefully denied.
Also troubling to Jewish Democrats, Platner has accused Israel of committing genocide in Gaza and suggested the U.S. should cut off all aid to Israel. Last week, Platner accused Collins of taking money from AIPAC and being “bought and paid for by Benjamin Netanyahu, and she votes accordingly.”
Halie Soifer, head of the Jewish Democratic Council of America, said in an April interview that her group was not prepared to back Platner. JDCA had endorsed Mills in the primary before she suspended her campaign. On Sunday, Soifer said the group continues to stand by its endorsement of Mills, signaling that voters who remain uneasy about Platner still have the option of casting a vote for the former governor, whose name remains on the ballot.
“If he were running in Jersey, he’d either be thrown off the ballot or buried under the Meadowlands,” Rep. Josh Gottheimer, a Jewish Democrat from New Jersey, said on Friday.
Top Democratic strategists told Politico that Platner could face pressure to drop out of the race if Mills receives a significant amount of votes.
Senate Minority Leader Chuck Schumer, the highest ranking Jewish elected official in the U.S., has so far continued to show support for Platner. After meeting with Platner last week in Washington, D.C., Schumer told reporters that defeating Collins remains a top priority for Democrats seeking to reclaim power in the Senate.
The likely result is a question Democrats increasingly cannot avoid: If Platner wins Tuesday as expected, how much longer can national Democrats continue treating him as their standard-bearer and excuse conduct they would condemn in a Republican candidate? Jewish Democratic organizations, having already distanced themselves from Platner, will also have to decide how to respond if he becomes the party’s nominee, as other nominees are also coming under scrutiny for past remarks and associations with antisemitic influencers.
House Minority Leader Hakeem Jeffries, in an interview Sunday on Fox News, was asked whether he’s concerned that his party “has an antisemitism problem,” citing Platner’s rhetoric and that of other Democratic candidates.
Platner is “going to have to speak for himself, and that’s what any candidate, particularly in a high-profile race, is going to be called upon to do,” Jeffries said. He added that the effort to crush antisemitism is an “American issue” and shouldn’t be a partisan issue. “It can’t be a red or blue issue. It’s a red, white, and blue issue.”
The post Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support appeared first on The Forward.
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Some Jewish Republicans say Tucker Carlson is no longer a threat. Others worry he’ll run for president.
(JTA) — At the Republican Jewish Coalition’s annual gala last November, much of the discussion centered around right-wing antisemitism. Texas Sen. Ted Cruz warned that there was “an existential crisis in our party” as figures such as Tucker Carlson, Candace Owens and Nick Fuentes built their online audiences, while right-wing firebrand Rep. Randy Fine of Florida slammed Carlson as an antisemite.
At the RJC’s “America 250” gala six months later, the mood was cheerier, and the cautionary words gave way to declarations that emerging antisemitism on the right was being dealt with properly.
Fine reminded the audience at the RJC event held in Manhattan on Sunday that in his speech to the RJC in November, he’d called Carlson “the most dangerous antisemite in America.” Now, he said, “I don’t know that that’s true anymore.”
Fine and other Republicans at the RJC gala told the Jewish Telegraphic Agency that enough Republicans had spoken out against Carlson – most significantly, President Donald Trump – and his ilk to damage their image and dampen the threat they might pose. They also pointed to major GOP critics of Israel who had lost their seats in recent months.
But others have warned that it’s a mistake to celebrate too soon, or think Carlson’s star has really faded, especially amid speculation that he might launch a presidential run as a Republican.
Fine told JTA in a text that he now believes the country’s “most dangerous antisemite” is Zohran Mamdani, New York City’s anti-Zionist mayor. In contrast, he said, Carlson’s impact had only plummeted in the past half-year.
“I think that brand has been destroyed [in] the last six months,” he wrote, attributing the change to politicians like himself calling Carlson out, as well as “the damage he has done to himself.”
A number of speakers at the RJC who lauded Republicans’ response to antisemitism in the party also pointed to the recent primary defeat of outspoken Israel critic Kentucky Rep. Thomas Massie. Brooks said to loud applause that the group spent $5 million in that race, and called the effort “a fight worth having and a victory worth celebrating.”
Speakers also recounted the resignation from Congress of Marjorie Taylor Greene in January, maintaining that the Republican Party is squashing its anti-Israel voices, while the Democratic Party is electing them.
“Being anti-Israel in today’s Republican Party is not — unlike the Democratic Party — a path to success,” said RJC CEO Matt Brooks during his remarks. Brooks later told JTA that Carlson, Owens and Fuentes’ “influence and credibility is less than it’s ever been” and that “they don’t represent” the mainstream of the MAGA movement.
But the Anti-Defamation League warned that it would be a mistake not to see the audience and impact of Carlson in particular as worthy of continued concern.
Oren Segal, the ADL’s vice president of counterextremism and intelligence, said in an interview with JTA that his organization’s biggest worry regarding Carlson is “not merely his relationship with any conservative or elected officials” but also the “normalization” of his views.
Segal pointed to the accusation that an Israeli attack on an American spy ship during the 1967 Six-Day War was intentional — used by conspiracy theorists as proof that the Jewish state cannot be trusted — despite U.S. investigations determining that it was a mistake.
“No one’s been a bigger boon to the USS Liberty Conspiracy of late than Tucker Carlson,” he said.
Segal added that it would be “absurd” to count out anyone as a potential presidential contender, while several political observers have speculated that Carlson may be weighing a run.
New York University professor Scott Galloway recently said on his New York Magazine podcast “Pivot” that the former Fox News host could be a serious contender. There is an “enormous lane,” he assessed, for a candidate who, like Carlson, has “very conservative values, an enormous media platform, an enormous army of acolytes that he could weaponize right away, and is anti-Trump and anti-the war on Iran.”
Some of Carlson’s allies are gunning for a campaign. Speaking Thursday on Russian state television during a trip to St. Petersburg, Owens said she personally did not plan to run for office but said Carlson would be a great candidate for president.
“I would love for him to run,” she said, adding, “I would gratefully get behind someone like Tucker Carlson.”
Back in March, TV host Piers Morgan asked Carlson whether he has White House ambitions. Carlson said that politics is “not what I do,” adding, “The whole idea of, ‘I’ve been a successful cable news host, I should be president!’ — that whole way of thinking is disgusting to me.”
Asked about the possibility of Carlson running for president, Brooks told JTA in a statement that the RJC would continue to push back against Carlson and similar anti-Israel figures.
“There is only one party where American Jews can be proudly pro-Israel, and it is the Republican Party — and those who imperil that will have to come through the RJC first,” Brooks said.
Others who attended Sunday’s RJC gathering felt the possibility of a Carlson candidacy was overblown. Shabbos Kestenbaum, a prominent Jewish conservative activist who sued Harvard University over alleged antisemitism, dismissed concerns that Carlson could be a serious presidential candidate.
In an interview, he pointed out that Carlson’s support of Massie and Ohio gubernatorial candidate Casey Putsch did not yield electoral success. Putsch, who has a history of dog whistling to neo-Nazis, received 17.5% of the vote in Ohio’s Republican gubernatorial primary. Unlike Massie, Carlson did not issue an endorsement for Putsch, but he did host Putsch on his podcast last year.
“His endorsements mean absolutely nothing, and outside of the ‘Podcastistan’ universe, his words carry very little weight,” Kestenbaum said of Carlson.
Brooks said in an interview with JTA that he feels “very pleased” with how the party has responded to voices like Carlson’s. President Donald Trump has publicly cast Carlson aside since his former ally sharpened his objections to the administration’s war in Iran.
“It’s been marginalized,” Brooks said of the party’s anti-Israel wing. “They tried to hijack the term MAGA. Groups like ours, but equally important, the president, has made it clear they are not MAGA.”
Asked about Vice President JD Vance, who has not offered a condemnation of Carlson to some Jewish Republicans’ chagrin, Brooks said, “When you have the president speaking, that’s the voice that matters right now.”
This article originally appeared on JTA.org.
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