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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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Circumcision could be ‘child abuse’ if done wrong, UK prosectors warn after deaths
(JTA) — British Jews are weighing in after authorities said they are considering deeming some circumcisions “a form of child abuse” following deaths from the procedure.
The Crown Prosecution Service, the region’s chief agency for criminal prosecutions, said that while male circumcision is not a crime, it may constitute child abuse “if carried out incorrectly or in inappropriate circumstances,” according to a draft document seen by the Guardian.
This document, which looked at circumcision as a potential “harmful practice” alongside virginity testing, breast flattening and exorcisms, has driven heated debate among Jewish and Muslim leaders since it was revealed this week.
The draft guidance follows a coroner’s report from Dec. 28 about Mohamed Abdisamad, a 6-month-old boy who died in London from a streptococcus infection caused by his circumcision in 2023.
The coroner warned of “a risk that future deaths could occur unless action is taken,” noting that “any individual may conduct a Non-Therapeutic Male Circumcision (NTMC) without any prior training.” He said there was no system to ensure that people who conduct religious circumcisions have accreditation or meet requirements for infection control.
In the past, another coroner raised similar concerns over the 2014 death of Oliver Asante-Yeboah, who developed sepsis after his circumcision by a rabbi. Male circumcision was a factor in 14 deaths in England and Wales since 2001, half of them men over 18 and half boys under 18, according to the Office for National Statistics.
Unlicensed circumcisions are a subject of mounting scrutiny in Europe, raising alarm in some Jewish communities. In May, Belgian police raided three homes in Antwerp as part of an investigation into illegal ritual circumcisions. And in 2024, a rabbi from London was arrested and imprisoned in Ireland for allegedly performing a circumcision without required credentials.
Some Jewish leaders swiftly condemned the Crown Prosecution Service document.
“Calling circumcision child abuse is fundamentally antisemitic,” said Gary Mond, founder of the Jewish National Assembly, to the Jewish News Syndicate.
Jonathan Arkush, co-chair of the Milah UK group that advocates for Jewish circumcision, told the Guardian that the document’s language about circumcision was “misleading” and he would be in touch with the prosecutors.
“The incidence of complications in circumcision performed in the Jewish community is vanishingly rare,” he said. “Circumcision is a core part of our identity.”
Other Jewish voices have urged action to enforce medically safe circumcisions. Rabbi Jonathan Romain, who oversees Reform Judaism’s religious court in Britain, said it was “time to clamp down on rogue practitioners” and called for mandatory training, monitoring and annual reports on the practice.
“Given that it is a longstanding and important tradition among Jews, Muslims and various other cultures, the best way forward is to only permit circumcision if it is practised by someone specifically qualified for it and who belongs to a nationally accredited scheme,” Romain said in a letter to the Guardian.
The Muslim Council of Britain also told the Guardian that it supports strengthening safeguards.
“Male circumcision is a lawful practice in the UK with recognised medical, religious and cultural foundations, and it should not be characterised in itself as child abuse,” said the group. “However, where procedures are carried out irresponsibly, without proper safeguards, and cause harm, they may rightly fall within the scope of criminal law.”
The post Circumcision could be ‘child abuse’ if done wrong, UK prosectors warn after deaths appeared first on The Forward.
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Tulsa’s Jewish community pushes back on Oklahoma Jewish charter school proposal
(JTA) — Leaders of Tulsa’s Jewish community are publicly pushing back against a proposal to open a publicly funded Jewish charter school in Oklahoma, saying the plan was developed without meaningful local input and could destabilize existing Jewish institutions.
In a joint statement released this week, senior figures from Tulsa’s synagogues, Jewish day school and community organizations said they opposed efforts by an outside group to create what would become the only religious school in the country entirely funded by taxpayers — an arrangement whose constitutionality is contested.
“We are deeply concerned that an external Jewish organization would pursue such an initiative in Oklahoma without first engaging in meaningful consultation with the established Oklahoma Jewish community,” the statement said. “To bypass community consultation in favor of an externally driven initiative is a serious error.”
The statement was signed by leaders from across Tulsa’s Jewish community, including the executive director of the Mizel Jewish Community Day School, rabbis from two Tulsa synagogues, and the head of Jewish Tulsa, the local federation.
The response follows an application by the National Ben Gamla Jewish Charter School Foundation to open a statewide online charter school that would combine Oklahoma academic standards with daily Jewish religious instruction.
Ben Gamla was founded by former U.S. Rep. Peter Deutsch, who told the Oklahoma Statewide Charter School Board on Monday that many families in the state are looking for a religious education option.
“There are a lot of parents that are looking for a sort of a faith-based, rigorous academic program,” Deutsch said.
Tulsa Jewish leaders rejected that claim. In their statement, they said Oklahoma already has Jewish schools and synagogue programs and that they were never consulted about any unmet need.
“Our local boards, organizations and donors have invested heavily in our local Jewish educational system through a dedication to learning,” the statement said, citing the day school and other community programs.
The application also raises a larger legal issue that board members openly acknowledged.
At Monday’s meeting, board chairman Brian Shellem said there was an “elephant in the room” given the board’s recent approval of another religious charter school — the St. Isidore of Seville Catholic Virtual School — which was later ruled unconstitutional by the Oklahoma Supreme Court and left unresolved after a 4-4 split at the U.S. Supreme Court.
Ben Gamla’s lawyers say that split leaves the door open.
“The exclusion of religious charters based on faith violates [U.S.] Supreme Court precedents that ensure equal access to public education for everyone, regardless of religion,” Eric Baxter, a senior lawyer at Becket, the religious-liberty firm representing Ben Gamla, said in a statement.
Baxter said Peter Deutsch consulted with local rabbis and parents during visits to Oklahoma in 2023.
“Contrary to claims of no engagement, Peter Deutsch consulted with local rabbis and parents during exploratory visits in 2023,” Baxter said. “Far from bypassing the community, Peter’s proposal builds on those consultations to expand faith-based choices for families, and we urge the Board to assess it on its merits.”
When asked who specifically Deutsch consulted with and whether here has been any consultation since then, Becket did not provide details. Instead, a firm spokesperson accused local Jewish institutions of trying to block competition.
“Sometimes, institutions that see potential new competitors will attempt to keep those competitors out of the market for educational providers,” said Ryan Colby, a spokesperson for Becket. He added, “While the Jewish Federation is entitled to its own opinions, it does not speak for all Jews.”
Colby added that Deutsch has spoken with Jews who support the proposal and said he expects non-Jewish families would also enroll.
The Oklahoma Statewide Charter School Board is expected to vote on the application as early as soon as its next monthly meeting on Feb. 19.
The post Tulsa’s Jewish community pushes back on Oklahoma Jewish charter school proposal appeared first on The Forward.
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Travel disrupted, fears elevated as Israel weathers uncertainty over potential US strike on Iran
(JTA) — Several European carriers canceled flights to Tel Aviv on Wednesday as turmoil over a potential U.S. strike on Iran roiled the skies and elevated fears in Israel.
President Donald Trump has threatened for days to intervene in Iran if the government proceeds with plans to execute protesters who have staged weeks of demonstrations against the autocratic religious regime there. Thousands of protesters have been killed in the streets, according to both government and opposition sources, and Tehran had planned a first execution of a protester arrested during the demonstrations on Thursday.
That execution was postponed amid sharp pressure from the United States, as signs piled up that Trump may plan to go forward with a military option against Iran. U.S. planes have moved within the region, several countries including the United States have urged nonessential personnel to leave the region and Iran briefly closed its airspace on Wednesday night.
On Thursday, reports emerged that Gulf states had talked Trump out of an imminent attack. But the uncertainty — and the recollection that Trump had appeared to waffle before striking Iran last year — has escalated fears in Israel, which is the Islamic Republic of Iran’s sworn enemy.
Iran and Israel fought a deadly 12-day war last year. This time, Israel and Iran have reportedly exchanged assurances, via Russia, that they would not strike each other first, but Iranian officials have said they could attack Israel alongside U.S. targets if Trump strikes Iran.
Daily life in Israel has not been interrupted, but Israelis are on high alert for a potential rehash of last year, when Iranian missiles sent them running to safe rooms multiple times and killed dozens of people.
So far, Lufthansa canceled some flights, then announced that it would revamp its schedule to prevent its employees from being in Israel overnight, when any Iranian retaliation is seen as more likely. A flight from New York was delayed on Wednesday while its carrier reportedly changed its route, igniting fears that the tensions had moved into a new phase. And some travelers have opted not to press on with their Israel trips, fearing being stuck in the country if conditions deteriorate.
At the same time, Israelis and Jews around the world, including tens of thousands of Persian Jews who fled following the ascendance of the Islamic Republic in 1979, are rooting for the protesters and against the regime. The American Jewish Committee issued a statement late Wednesday in support of the protesters.
“The international community has a moral responsibility to act in solidarity with the Iranian people and to advance a safer region and a more peaceful Middle East,” the organization said.
The post Travel disrupted, fears elevated as Israel weathers uncertainty over potential US strike on Iran appeared first on The Forward.