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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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Antisemitic vitriol claims an unlikely new victim — a flamboyant and popular French DJ
The celebrated French DJ Barbara Butch, whose flamboyant performance at the 2024 Olympic Games in Paris was condemned by Catholics and conservatives, is proudly lesbian and unabashedly Jewish. Last week, the latter quality sparked yet another flare up of antisemitism in France.
On the evening of July 18, about 20 minutes after Butch began a concert in the city of Grenoble, about 150 protestors who had entered the hall with the rest of the audience unfurled pro-Palestinian banners denouncing the brutal destruction of Gaza. Many of them began to fling antisemitic insults and glass bottles at Butch. Stunned by the sudden explosion of violence, Butch soon left the stage. At that point, the municipal authorities intervened. “Confronted by threats aimed at the artist Barbara Butch, and to guarantee the safety of both the audience and performers,” they declared, “the city of Grenoble has taken the decision to cancel the performance.”
This eruption of antisemitism parading as anti-Zionism was as predictable — and as predictably ignored by the local government — as are the fires now consuming swathes of western France. In the weeks leading up to the concert, a petition was launched by the local section of La France insoumise (France Unbowed), the extreme-left political party founded and led by Jean-Luc Mélenchon, who has recently and plausibly been accused of flirting with antisemitism. The petition condemned Butch for supporting a proposed law in 2025 that penalized “new forms of antisemitism,” which potentially included expressions of anti-Zionism and even criticism of the Israeli government.
There were two problems, though, with the petition. First, there is the obvious issue of banning an artist from presenting or performing their work because one disagrees with their political statements. (Statements that do not, of course, inspire acts of racial hatred or violence.) Second, and no less obviously, Butch had almost immediately regretted and publicly retracted her initial support of the proposed law, one she realized could suppress legitimate criticism of Israel’s brazenly illegal and brutal actions in Gaza and the West Bank.
All this was for naught, though. The tract distributed in early May by the local office of Unbowed France demanded the cancellation of Butch’s concert by the city government, which had sponsored the music festival it was part of. Fair enough. Not so fair, though, was the tract’s lurid montage, which placed Butch against the background of an LGBTQ flag spattered in blood and stamped with the Star of David, accompanied by the claim that she was “complicit with the genocide” committed in Gaza.
Equally startling was the role played by Allan Brunon, a parliamentary member of Unbowed France who is also president of the party’s local chapter. Not only did he lead the protestors at the concert venue, but he also insisted that, as far as he could see, their behavior never degenerated into violence, even though videos of the ruckus confirm that bottles and other objects hit the stage, as does the eyewitness testimony of Laurence Ruffin, the mayor of Grenoble, who was also in attendance. Brunon’s faux naïve explanation for the expletives shouted at the concert was equally insulting; they were aimed, he insisted, at Butch’s “political position and not who she is.”
Leaders from across the political spectrum, from the extreme right to traditional left, have denounced the role played by Unbowed France at the concert. Marine Le Pen, the leader of the National Rally who never misses an opportunity to bash Unbowed France and bury her party’s own antisemitic origins, decried “the antisemitism, repeated appeals to violence, and totalitarian nature and project of the extreme left,” while the former prime minister and centrist politician Gabriel Attal, in a mocking allusion to an earlier claim made by Mélenchon, observed that the party’s “antisemitism is anything but residual.” As for the leadership of Unbowed France, Mélenchon has kept silent while the leader of the parliamentary group, Mathilde Panot, spoke in the conditional case, stating that “we would never support, if they occurred, either flung insults or bottles.” (my emphasis).
Wittingly or not, Attal’s remark reaches much further back than last week. Ever since the late 19th century, the extreme right in France has not had exclusive dibs on antisemitism. Édouard Drumont, the author of the virulent antisemitic 1886 bestseller La France juive and editor of the La Libre parole, the newspaper that sparked the Dreyfus Affair, thought of himself as an anti-capitalist and man of the left. It required the immense reserves of eloquence and decency of Jean Jaurès, the Socialist leader, to persuade the rank and file to rally to Dreyfus’ cause. As late as the 1950s, the French Communist Party unhesitatingly followed Moscow’s lead during the late stages of Stalin’s paranoia, featuring spectacles like the “Doctors’ Trial” of 1953, that targeted Jewish “counterrevolutionaries” intent on undermining the Soviet Union.
Of course, the French left has come a long way since then. But to paraphrase Mathilde Panot, if Unbowed France’s apparently uncowed leader, along with a large contingent of his party, are suffering from more than a dollop of residual antisemitism, the future of a democratic and liberal France is at risk.
The post Antisemitic vitriol claims an unlikely new victim — a flamboyant and popular French DJ appeared first on The Forward.
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Why I stand with Israel
I’m often asked why I take a public stand on behalf of Israel. Some have asked how I have the fortitude to do so. Others wonder about the “reputational risk.” Still others wonder about subjecting myself to the “awful” comments. To me, they’re like weather reports — a way to gauge the sentiments of those with whom I disagree.
“Just stop talking — if for no other reason than for saving yourself the embarrassment of being heard by anyone.”
“You Zionists are just mad that no one’s buying your narrative anymore”
“F— Israel”
“Hey Peter! When did you drop the second “n” in your last name? When your family eluded capture when Germany surrendered back in 1945?”
“You are so full of $hit! Mamdani condems a genocide unless you think as long a Santanyahu who happens to be a Jew should be able to kill innocent children day in and day out and get away with simply because he is a jew.”
“I have absolutely loved your music over the decades (my favourite artist) but I have difficulty in listening to it now. The meaning behind your lyrics resonates differently with me now — sorry.”
I support Israel, not because of any government, any particular policy, or anything having to do with geopolitics. I support Israel because half the world’s Jewish population lives there. This is about peoplehood — my people. I understand well how this kind of particularity is easy to criticize, how in an era where the ideology of oppressor versus oppressed has caught the imagination of many people, where thinking about one’s sense of belonging to an ancient nation is thought to be anachronistic, and where a vague notion of universalism has become the new moral imperative.
But as I’ve written many times in my column, all love and all concern begin with specificity. We only learn how to love and be concerned about others through the ways we have loved — and have been loved — by our own.
I see it this way. There are seven million Jews in Israel. They are people of many races and ethnicities, many talents, and many political affiliations. They and their supporters worldwide are now under siege. They have been fighting for their survival, surrounded by neighbors seeking their destruction since before the Jewish state came into existence in 1948— and they have continued to do so since the pogrom of Oct. 7, 2023.
Some have asked me, by way of accusation: do you now believe in genocide? Have you become a warmonger? (I assume my former fan, above, feels this way.) Do you support the murder of children? What happened to the man who wrote songs like “Been Set Free,” Impermanent Things,” and “Mission Of My Soul”? Have you suddenly become cruel, hard-hearted?
The questions are too absurd to warrant a response.
For me, support of Israel and the Jewish people more broadly doesn’t take special courage or insight.
If someone were attacking a close relative or friend, my reaction would be the same. It would be reflexive, instantaneous. What consequence could outweigh the idea of sitting back while your loved ones are imperiled? There are those who have argued that whatever cruelties have been meted out are “acts of resistance” and justified military actions by the oppressed against their oppressors. One wonders what logic brought Hamas and its supporters to conclude that K’fir (who was 10 months old at the time of his murder) and Ariel Bibas (who was 4 years old at the time of his murder) were oppressors deserving of death by strangulation.
Such is the strangeness of the current moment, when it feels as though much of the world has once again chosen to place a target on the backs of Jews. Justifications are conjured up and offered, just as they were during the pogroms in Europe, the forced conversions and auto-da-fés of Spain, the fabricated Protocols of the Elders of Zion in Russia, the institutionalized anti-Jewish and anti-Israel campaigns of the Soviet Union that found expression at the United Nations in 1975, and in the demonstrations that erupted immediately after Oct. 7 — before Israel had fired a shot.
Synagogues in America are more than three times as likely as other U.S. houses of worship to employ armed security guards. Jewish day schools too, like the ones my grandchildren attend, face extraordinary security costs. Today, the average Jewish institution spends more than $400,000 annually on security. That represents an average increase of roughly 125% since before Oct. 7.
Let’s pause here.
This means that after the largest massacre of Jews since the Shoah, synagogues and Jewish schools have to spend 125% percent more to protect themselves from another one. The idea should stun any normal thinking person. Though sadly, I believe it would stun very few people these days.
Most recently, in NYC, Mayor Zohran Mamdani employed the magic words that brought him more attention on social media than ever before. The last time I checked the video in which he said the following received upwards of 90 million views: “I will arrest Benjamin Netanyahu if he comes to New York City.”
Not long afterward, a brutal double stabbing occurred, amid shouts of the now all-too- familiar “Allahu Akbar. One of the victims was a man wearing a kippah as he left a synagogue service. The attack happened on the Jewish holiday of Tisha B’Av, no more than a two-minute walk from my daughter’s apartment.
I leave it to you to decide whether this kind of rhetoric helps create a more peaceful New York City.
So I ask: How could I not speak up? How could I not use my voice in support of my people at a time like this? Isn’t it obvious? And why shouldn’t anyone who cares about Jews and Israel use their own voice?
You don’t need a huge platform. You simply need to speak out in whatever sphere you find yourself. This is the moment your parents and grandparents hoped you’d never see.
How you choose to act matters. It matters a great deal.
The post Why I stand with Israel appeared first on The Forward.
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Over 12 Torah scrolls stolen from Paris suburb synagogue
(JTA) — Over a dozen Torah scrolls have been stolen from a French synagogue in an attack the local rabbi called “antisemitic.”
The burglary hit the Grand Synagogue of Levallois-Perret, a wealthy suburb of Paris, between Sunday night and Monday morning. Rabbi Chalom Lellouche said the Jewish community was “violated” by the theft.
“It is, of course, a criminal act, but it is also an antisemitic act that specifically targeted the Torah,” Lellouche said in a joint video statement on Monday with Philippe Cohen, the president of the local Jewish community association.
The des Hauts-de-Seine prefecture, which handles local state administration, said on X that the stolen scrolls represented not just a “simple theft,” but “an entire community of believers that was wounded to the depths of its soul.”
Prefect Alexandre Brugère and elected officials met with Jewish communal leaders in Levallois-Perret on Monday evening, promising to identify the thieves and secure the return of the scrolls. A police investigation is ongoing, according to Cohen.
Cohen said the burglary was the work of a “professional team” that bypassed security systems and said the synagogue’s security was being reassessed. He called the incident “a profound spiritual trauma for the entire Jewish community in France and around the world.”
“It was the Torah — and only the Torah — that was targeted,” said Cohen. “No property was damaged, and nothing else was stolen apart from Torah items of immeasurable value.”
France recorded 1,320 antisemitic incidents in 2025, accounting for 53% of anti-religious acts, according to the Ministry of the Interior. Jews make up less than 1% of the French population.
This article originally appeared on JTA.org.
The post Over 12 Torah scrolls stolen from Paris suburb synagogue appeared first on The Forward.
