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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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Orthodox students to rally outside Mamdani’s home. Alumni of their schools want them to stay home.
With two Orthodox schools planning a joint protest outside Gracie Mansion, home to New York City Mayor Zohran Mamdani, a group of parents and alumni have organized a petition calling on administrators to stand down.
Ramaz and SAR, prominent Modern Orthodox schools in Manhattan, plan to send hundreds of high school students Friday morning to hold prayer services outside the official residence of the mayor, an outspoken critic of Prime Minister Benjamin Netanyahu.
SAR principal Rabbi Binyamin Krauss told the Jerusalem News Syndicate the intended message was “We’re here. We’re Jewish. We want to be safe and express our Zionism.”
The planned gathering was first reported by Jewish Currents, which noted that an email to parents did not express a specific reason for the event — and quoted two members of the community expressing displeasure with the approach.
Now, a petition to the heads of the two schools to cancel the event has collected more than 180 signatures from parents, alumni and current students. Roughly one-third of the signatures are anonymous, with only the school and graduating class listed.
“This gathering needlessly inflames tensions between the mayor and the Modern Orthodox Jewish community, as opposed to inviting him into conversation as a potential ally working for the shared safety of all New Yorkers,” the petition reads. “Additionally, members of our community do not all share the same opinions regarding Mayor Mamdani. Choosing to gather outside of his residence, whatever the stated purpose, inaccurately portrays the Modern Orthodox community as a political monolith opposed to the mayor.”
The gathering — which the school was careful not to label a protest in an email to parents — reflects an oppositional approach to Mamdani from pro-Israel Jewish New Yorkers that dates back to his campaign. And it is timed to a particularly intense moment both in the Jewish tradition — a period of heightened spiritual importance known as the Ten Days of Repentance between Rosh Hashanah and Yom Kippur— and in Mamdani’s tenure, as Israeli Prime Minister Benjamin Netanyahu is scheduled to visit New York City next week to address the United Nations General Assembly.
Mamdani has repeatedly castigated Netanyahu during his time in office and campaigned on arresting him, part of the mayor’s broader critique of Israel, its war in Gaza — which the mayor calls a genocide — and the country’s treatment of Palestinians.
Mamdani said at a press conference Wednesday, said he won’t join protests against Netanyahu during his U.N. visit, and said he has “never encouraged” New Yorkers to demonstrate againt Netanyahu either. It’s a softening of his earlier rhetoric toward the Israeli leader.
Some Jewish New Yorkers think Mamdani’s criticism of Israel is itself antisemitic; others believe it has fostered an antisemitic environment in the city, evidenced by an uptick in hate crimes against Jews during his tenure.
‘Political pawns’
The prayer program and the petition it prompted also revealed a divide between Modern Orthodox institutions and some of their community members. Ramaz and SAR, located respectively in the Upper East Side and Riverdale, are two of the leading college preparatory Orthodox schools in the country, liberal-minded — Judaic studies classes are coed — and fiercely pro-Israel.
About 240 students from Ramaz and SAR are expected at the event, SAR principal Rabbi Binyamin Krauss told JNS, adding that he hopes other schools also join. SAR will send 8th, 9th, and 10th graders.
The petition also highlighted the students’ age in their letter to the rabbi.
“We are also concerned that this planned prayer gathering has the appearance of using the children of our community as political pawns, presenting them as ‘lead[ing] the way,’ when they are being brought to an event planned by adults,” the letter said.
Mamdani acknowledged the event in his media briefing Wednesday, but said he did not expect to be there.
“I welcome them,” he said. “They can have a vigil, or I’ve heard some describe it even as a ‘protest.’ Whatever it is intended to be, they have the room and space to do so outside of Gracie Mansion. I think that at the time that they are there, I will probably be somewhere else across the city.”
Rabbi Joshua Lookstein, Ramaz’s associate head of school, said, “The mayor is the one to change that so that we his citizens feel safe. We think he will get that message whether he is there or not.”
The post Orthodox students to rally outside Mamdani’s home. Alumni of their schools want them to stay home. appeared first on The Forward.
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Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped
(JTA) —
All of Ed Sheeran’s opening acts and his backing band have withdrawn from his Loop Tour after the pro-Palestinian rapper Macklemore was dropped as an opening act amid pressure from Robert Kraft and other stadium owners.
Kraft, the Jewish and pro-Israel billionaire who owns the Boston-area stadium where one of the tour stops had been scheduled, said on Monday that he had told Sheeran’s team that Macklemore wouldn’t be allowed to perform there.
Macklemore was subsequently dropped from the tour following pushback from unnamed venues that “will not allow a concert to take place with Macklemore on the lineup,” Rolling Stone reported on Monday.
At a Macklemore performance at MetLife Stadium in East Rutherford, N.J., earlier this month, the rapper declared “Free Palestine” before performing his 2024 song, “Hind’s Hall,” referring to Columbia University’s Hamilton Hall. Pro-Palestinian protesters occupied the building and unofficially renamed it for Hind Rajab, a 6-year-old Palestinian girl who was killed during the war in Gaza. Israel is investigating her killing.
Sheeran said Tuesday that he wasn’t behind the tour promoter’s decision to drop Macklemore.
“I am not complicit,” Sheeran wrote in a statement on Instagram Tuesday, saying that Macklemore leaving the tour “was the promoter’s decision, it was not mine.” It was Sheeran’s first public statement on the controversy.
Hours after Sheeran’s comments, acts began pulling out of the tour.
His backing band, Beoga, said in an Instagram post that it was leaving the tour “following the silencing of Macklemore by zionist lobbies.”
“We believe in dialogue as a means of progressing the plight of the Palestinian people,” they added. Beoga’s management did not immediately respond to requests for further comment.
Kraft’s decision to bar Macklemore from performing at Gillette Stadium in Foxboro, Mass. got the backing of the Jewish Community Relations Council of Greater Boston.
“Mr. Kraft drew a clear moral line in the sand about the demonization and offensive conduct that he will not allow in ‘his home’,” Jeremy Burton, the JCRC CEO, said, referring to the stadium. “He also showed leadership and complexity … by rejecting those who would diminish the suffering of innocent Palestine people.”
“This decision is not about diminishing the suffering of innocent Palestinians or denying anyone the right to advocate on their behalf,” Kraft had said in his statement. “Their pain and loss are real.”
Other acts scheduled to support Sheeran on the Loop tour, including Aaron Rowe, Finneas and Lukas Graham, also withdrew Tuesday. Rowe and Lukas Graham were supposed to replace Macklemore on the remaining U.S. dates, AP reported.
It’s not yet clear what the fate of the tour is, given the withdrawal of his backing band. At least one Israeli musician joked that he was ready to put together a replacement band for “unlimited beer.”
Sheeran’s own note added, “I am appalled by the conflict between Israel and Palestine.” The British singer-songwriter wrote that he had been “involved in direct talks” between Kraft and various promoters “to try and find a mutual resolution for all.”
Sheeran didn’t mention Jews in his statement, but noted, “I have always used my platform and music to bring people from all backgrounds and cultures together and this won’t ever change.”
He also had some veiled criticism of his tourmate’s methods. “Those who come to my shows do not expect a political forum,” Sheeran wrote. “I respect Macklemore’s strength of purpose to stand up for what he believes. However, there is room for multiple approaches to the same end: peace… If we only focus on shouting the loudest, nothing will ever change.”
The Israeli-American Council, which organized a boycott against Macklemore following his New Jersey show, criticized Sheeran in a statement to the Jewish Telegraphic Agency.
“It’s time to take responsibility for giving a stage to antisemitic messaging,” the IAC said, of Sheeran. “This isn’t just ‘criticism of Israel.’ It’s a message that crosses the line between legitimate political criticism and antisemitism. This is Ed Sheeran’s stage, it’s the tour that carries his name — and so the responsibility for what happens on it is his too.”
The post Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped appeared first on The Forward.
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Vance: Trump willing to ‘part ways’ with Netanyahu when necessary, and has often opposed him
(JTA) —
President Donald Trump has an unprecedented track record of opposing Israeli Prime Minister Benjamin Netanyahu when it comes to advancing the interest of the American people, Vice President JD Vance said during a virtual address Tuesday at a Los Angeles-based technology summit.
More than any president in the last 40 years Trump “has shown a willingness to actually part ways with ‘Bibi’ Netanyahu when he feels like the interests of the American people are different from the interests of the government of Israel,” Vance told the All-In Summit on technology.
The claim that Trump is the “one president” who would differ with Netanyahu is one that would surprise many watchers of the U.S.-Israel relationship.
The most significant U.S.-Israel rupture since 2009, when Netanyahu was first elected prime minister, was with President Barack Obama in 2015 over Obama’s nuclear deal with Iran.
Vance’s comments were the latest in a series he has made emphasizing the widening gulf between Jerusalem and Washington as November midterm elections approach and at a time when Netanyahu’s popularity in the United States is at a low after three years of Middle East wars.
A Pew poll from the end of March, when the United States was actively at war with Iran, found that 60% of U.S. adults unfavorably view Israel and that 59% lacked confidence in Netanyahu’s handling of world affairs, an increase of 7% in both categories.
Republicans are scrambling to shuck off unpopular policies and associations, fearing the party will lose control of Congress in the midterms, a result that would cripple Trump’s agenda in the final two years of his presidency.
“I find it a little ironic … that you have Democrats criticizing Donald Trump for his relationship with Bibi when Donald Trump is the one president of the last 40 years who’s been willing to say, you know what, yeah, Bibi is a good partner, but also Bibi and I have a different opinion on this, or Bibi’s wrong about this, or maybe Bibi’s right about this from the perspective of Israel. But the American people need us to go in a different direction,” Vance said.
Trump has often touted himself as the president who has done the most for Israel, including relocating his country’s embassy to Jerusalem and rupturing Obama’s Iran deal, during his first term in 2018 and securing the release of the Gaza hostages in 2025 during his second, nonconsecutive term. The war he and Netanyahu launched against Iran in February is the first ever joint U.S.-Israeli military action.
The friendship between the two leaders is a highly public one, with Netanyahu enjoying more White House visits than any other world leader. Each has made the close ties central to their electoral campaigns. Netanyahu pitches himself as the world leader most influential with Trump, while Trump’s evangelical base lauds his closeness with Israel.
Vance, however, has often taken a harsher line, including accusing Israel of trying to manipulate U.S. public opinion on the Iran war.
“Israel has been an important partner when it comes to military technology, when it comes to intelligence sharing, but also sometimes the United States doesn’t always agree with Israel,” Vance said on Tuesday.
Serious differences have emerged since the joint U.S.-Israel goals in the Iran war – to change the regime and end once and for all Iran’s potential to acquire a nuclear weapon – have foundered. Among these has been the U.S. decision to end the Iran war without a clear plan to block the Islamic Republic’s path to nuclear weapons and its agreement to enter into a civilian nuclear deal with Saudi Arabia, without insisting on a normalization deal with the Jewish state.
“We cannot let our Middle Eastern foreign policy be subservient to the state of Israel,” Vance told the All In Summit.
Vance has also ruffled American Jewish feathers by refusing to disavow media personality Tucker Carlson, who has promoted conspiracy theories about Israel and Jews.
Vance’s remarks rankled pro-Israel figures who have otherwise been supportive of Trump’s policies.
“American foreign policy should be subservient to no country,” Jonathan Schanzer, the executive director of the Foundation for the Defense of Democracies, an influential think tank that backed the Iran war, wrote on X. “Why does the VP feel compelled to call out Israel in this respect? Why not call out the Qataris, or the Saudis, or Ukraine? Odd how this keeps happening.”
Heather Johnston, a Christian evangelical who founded the U.S. Israel Education Association, accused Vance on X of catering to Israel haters.
“Our U.S. foreign policy has never been subservient to Israel’s foreign policy,” she said, attaching a clip of Vance’s remarks. “He knows that. Why would he need to say that unless he’s trying to politically gain some points with Israel haters?”
The accusation hit a nerve. Vance’s communications director Taylor Van Kirk quoted Johnston’s tweet, and posted the entire exchange on X. “Let’s all take a moment to actually watch this exchange in full, where the VP was specifically asked about Israel,” Van Kirk said.
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