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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 Jewish Brigade fought fascism in Italy. Now its flags spark protests.
(JTA) — When the Jewish Brigade appears today in Italian public debate, it is rarely about the British Army unit, formed largely by Jewish volunteers from Mandatory Palestine, that was sent to fight in Italy in the final months of the Second World War.
The Jewish Brigade has become a screen onto which other conflicts are projected: Zionism and anti-Zionism, antisemitism, Israel and Palestine, the meaning of antifascism and the ownership of public memory.
This is why recent tensions in Milan and Rome during Italy’s Liberation Day commemorations were not simply disputes about flags or parades. They were symptoms of a deeper problem: the difficulty of allowing history to remain history, while also recognising that memory is always political.
On April 25, Italy celebrates its liberation from Nazi occupation and fascist rule. It is the most important civil holiday of the Italian Republic, a foundational moment in the country’s democratic identity. But precisely because it is so symbolic, it has always been a stage on which the political tensions of the present are acted out.
The Jewish Brigade occupies a peculiar place in this story. Militarily, its contribution to the Allied campaign in Italy was limited. The Brigade arrived late at the front, in early 1945, and fought for only a short time. Its soldiers were deployed in Romagna, north of Ravenna, along the Lamone, and later near Riolo Terme and the Senio river. About 50 of its soldiers died.
Yet to measure the Brigade only by military impact is to misunderstand its historical significance. Its importance was symbolic, political and psychological. These were Jews in uniform, fighting under a flag marked by the Star of David, against the army of the regime that had attempted to annihilate European Jewry. For many of the volunteers, especially those who were committed Zionists, service in Italy represented more than participation in the Allied war effort. It was a form of Jewish self-assertion, and a claim to political dignity before the world.
This is one reason the Brigade mattered then. It also helps explain why it matters now.
After the war, the memory of the Jewish Brigade did not immediately become central to Italian public memory. For decades it remained relatively marginal, preserved above all within parts of the Jewish community and in the recollections of veterans. Its later rediscovery, especially from the 1990s and 2000s, coincided with new struggles over the meaning of April 25. Some Italian Jewish communities began to bring the Brigade’s flag into Liberation Day commemorations to remind the public that Jews had not only been victims of fascism and Nazism. They had also been combatants, liberators and political actors.
That reminder was, and remains, historically legitimate. Italian Jews belong fully to the history of the Resistance and to the history of the Republic that emerged from the defeat of fascism. The Jews of Mandatory Palestine who served in the Jewish Brigade also belong to the history of Italy’s liberation, however brief their time at the front. They fought in Italy, against German forces, alongside other Allied soldiers and alongside the reborn Italian army. To deny their place in that history is not a neutral act of historical correction. It is an exclusion.
At the same time, it is clear that the Brigade has become controversial not only because of what it did in 1945, but because of what its flag is understood to mean today. The flag of the Jewish Brigade is virtually identical to the later flag of the State of Israel. For some, this makes it a proud symbol of Jewish resistance to Nazism and of the Jewish contribution to liberation. For others, especially in the context of the Israeli-Palestinian conflict, it is read primarily as a symbol of Israel and therefore as a political provocation.
This is the heart of the problem. The dispute is often presented as a debate about history, but it is in fact a debate about the present. People argue about the Brigade because they are really arguing about the legitimacy of Zionism, about whether anti-Zionism can become antisemitism, about whether Israel should be understood as a national project or an imperial one, and about what antifascism should mean today. These questions generate fierce disagreements, and April 25 gives them a highly charged public stage.
There are two competing visions of Liberation Day. One sees April 25 primarily as a historically defined Italian commemoration: the day on which the country remembers those who fought between 1943 and 1945 to free Italy from Nazi-fascism. In this interpretation, the Jewish Brigade clearly has a place, because it took part in that struggle. Palestinian flags, by contrast, are harder to place within that specific historical frame, not because Palestinians were fascists, but because they were not participants in the liberation of Italy.
The other vision is more dynamic and internationalist. It sees April 25 not only as the commemoration of a past event, but as an annual reaffirmation of resistance to oppression in the present. In this interpretation, the presence of Palestinian flags, Ukrainian flags, Iranian dissidents or other contemporary causes can be understood as part of a broader antifascist language. April 25 becomes not only the memory of Italy’s liberation, but a ritual of solidarity with those who resist domination elsewhere.
The Jewish Brigade forces us to confront this tension. It belongs to the historical April 25 because it helped liberate Italy. It also belongs to the broader moral history of antifascism because it embodied Jewish armed resistance to Nazism. But its memory is now inseparable from the unresolved political and psychological impact of the Israeli-Palestinian conflict on Italian, and indeed international, public life.
This does not mean that every criticism of Israel is antisemitic. It is not. Nor does it mean that Jewish history should be used to silence Palestinian suffering. It should not. But it does mean that excluding Jews from an antifascist march, insulting people carrying the symbols of the Jewish Brigade, or treating Jewish participation in Liberation Day as illegitimate is a profound historical and moral failure. Antifascism without Jews is not antifascism. An April 25 in which Jews are tolerated only if they hide the symbols they decide to choose is not a healthy democratic ritual.
The answer is not to turn the Jewish Brigade into a weapon in today’s political battles. Nor is it to erase it in the name of avoiding controversy. The answer is to recover the complexity of its history. The Brigade was a military unit, but also a symbol. Its soldiers were liberators in Italy, survivors or relatives of victims of European catastrophe, Zionists of different kinds and human beings who often carried grief, hope and a desire for revenge. Their story links the Holocaust, the Second World War, the end of empire, the birth of Israel and the politics of memory in postwar Italy.
That is why the Jewish Brigade matters today. It reminds us that history cannot be reduced to slogans, that memory can both illuminate and distort, and that democratic societies must make room for complexity and uncomfortable truths.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
The post The Jewish Brigade fought fascism in Italy. Now its flags spark protests. appeared first on The Forward.
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Jerusalem Pride march turns toward the Knesset as LGBTQ Israelis eye pivotal election
(JTA) — JERUSALEM — The Pride march in Israel’s capital city changed its traditional route on Thursday to end near the Knesset, in a show of force ahead of elections that could have major implications for the status of LGBTQ Israelis.
“If the current government has a problem with LGBTQ+ people, then the current government can go home, because the community is here to stay,” opposition leader Yair Lapid said during the culminating rally.
Jerusalem’s Pride march is always more muted than the raucous celebration that takes place each June in Tel Aviv. But this year, the looming election, which must be held by Oct. 27, galvanized participation.
More than 10,000 Israelis gathered in Sacher Park for the rally, according to Noa Fisher of the Jerusalem Open House, the LGBTQ+ equality organization that organizes the event.
“It’s always more like a protest than anything else. This year, especially,” said Hadas Bloemendal, chair of the Jerusalem Open House, walking alongside the crowd with her baby in a stroller.
“I’m supposed to be on maternity leave,” she said. “But this year, I had to be here.”
The status of LGBTQ Israelis is complex. While the country has a thriving gay culture and the speaker of the Knesset is openly gay, same-sex marriage is prohibited by law and some haredi Orthodox lawmakers have spoken with disdain about LGBTQ people and said they want to see their rights rolled back. The elections this fall will determine whether those lawmakers retain power in the next government.
Michal Rozin, a former lawmaker from the liberal Meretz party, urged rally-goers on Thursday to boo after recounting a 2023 comment by a member of the United Torah Judaism party, a partner in the governing coalition, who said the LGBTQ community is “the most dangerous thing for the State of Israel, more than Islamic State, more than Hezbollah, more than Hamas.” (He was commenting during Pride month, before Hamas’ Oct. 7 attack on Israel.)
Avi Maoz, an anti-LGBTQ politician who was part of the current government until last year, called this year’s march an “abomination” in a post on social media on Thursday.
The rally marked 11 years since 16-year-old Shira Banki was killed when a haredi Orthodox man stabbed six Jerusalem Pride attendees, weeks after being freed from prison after staging a similar attack a decade earlier.
“Some of the friends she walked with are still, today, volunteering. That’s what echoes the most, what she chose to do,” Bloemendal said.
Security was intense Thursday, and the gathering area before the march was completely sealed off. More than 2,000 Israel Police officers and border agents were dispatched to protect the march, according to Israeli police spokesperson Dean Elsdunne.
Behind a wall of tour buses was a counter-demonstration hosted by the extremist group Lehava, which opposes Jewish-Arab coexistence and gay relationships. By the time the march left Sacher Park for the Rose Garden near the Knesset, only a few dozen men remained in the heavily policed and cordoned-off area.
“Those standing outside and protesting against us have forgotten what it means to be Jewish and have forgotten what it means to be human,” Lapid said from the stage.
Despite the counter-protest, spirits were high at the rally, where attendees said they were determined to make their voices heard at a time when they feel their country is closing itself off to LGBTQ+ life.
“The LGBTQ+ community is present everywhere that the fate of this country is being written,” Rozin said in her speech. “But there are those who continue to incite against it.”
Lapid has long made LGBTQ+ equality a central tenet of his platform. His alliance this year with Naftali Bennett (a religious Zionist who historically opposed same-sex marriage) is notable in part because Bennett announced at their April 26 press conference announcing a joint campaign that a government under his leadership would advance same-sex marriage in Israel.
Marriage in Israel is regulated by the Rabbinate, which prohibits LGBTQ+ unions, leaving many couples to wed abroad and petition to have those marriages recognized at home. Lapid promised that “in the first 100 days of the next government, we will bring legislation that says the rights of every couple in Israel will be equal. Mom and dad, dad and dad, mom and mom — everyone the same rights.”
The nearly 10,000 attendees gathered beneath different banners and identities, some flying the flags of their youth movements, from socialist to LGBTQ+ organizations, to different political factions, including the Democrats, which made a significant showing at the event.
Drummers from the Pink Front led the rally toward the Rose Garden near the Knesset, passing through a tunnel, with chants echoing off the stone walls.
Shira Zagury, CEO of Shira Banki’s Way, founded by Banki’s parents the year after her murder to build coexistence and pluralism in Israeli society, said the march “continues to mark a moment of inclusion and positivity.”
Before the march set off for the Rose Garden near the Knesset, Rabbi Tamar Elad-Appelbaum recited the Traveler’s Prayer, praying for the marchers’ safety and alluding to Banki’s death nearly 11 years before.
“In the face of violence, hatred, and attempts to send us back into the closet, we will march this year and every year and say, ‘We are here to stay,’” she said.
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British government backs NHS antisemitism reforms that would restrict political symbols
(JTA) — Doctors and nurses in the U.K. could soon be banned from wearing pro-Palestinian and pro-Israel symbols at work following recommendations from the British government’s independent advisor on antisemitism.
The advisor, Lord John Mann, delivered 36 recommendations to tackle antisemitism across the National Health Service in a report that the government formally accepted on Thursday.
“Jewish people and everyone experiencing discrimination need action, not words,” Secretary of State for Health James Murray said in accepting the recommendations for the country’s publicly funded healthcare system.
Prime Minister Keir Starmer charged Mann with tackling antisemitism in the NHS in October, soon after an attack on a Manchester synagogue in which two Jewish men were killed.
The review followed multiple high-profile incidents of alleged antisemitism within the health care system, including where Jewish patients said they were uncomfortable or unable to receive care from workers whose pro-Palestinian signifiers were at odds with the patients’ support for Israel.
Mann’s investigation documented “routine ostracism” of Jews within parts of the health service, Jewish doctors who considered leaving their jobs because of antisemitism and Jewish patients who said they were afraid to seek NHS treatment because they feared antisemitism in doing so.
Calling such a climate “never acceptable,” Mann said changes are needed, including to the NHS dress code, which has not been updated recently to address political symbols. He said he believed political symbols should be banned inside NHS facilities and NHS workers should be barred from wearing their uniforms to political rallies.
“The firm position of this review is that political identifiers do not have a place in the NHS,” Mann wrote, adding, “To be more specific, saying ‘Free Palestine’ or ‘I love Israel’ are reasonable beliefs and expressions but the identification of such views or beliefs on public facing NHS owned profiles might, in of themselves, be a barrier to patients.”
The report also calls for tracking data about Jewish patients to be able to monitor their satisfaction and medical outcomes, training health care workers about antisemitism and improving systems to handle patients’ discrimination complaints.
No timeline for implementation is laid out, but Murray said changes would be rolled out “without delay” and a first progress report would be published by the end of the year.
Unison, a public service employees union that includes NHS workers, said it opposes antisemitism and praised some of Mann’s recommendations but raised questions about the dress code regulations. “There’s a real risk precious time and resources will be spent trying to define a political badge and what staff can wear in their own time,” it said in a statement.
British Jewish groups applauded the report. The Board of Deputies of British Jews’ Vice President Karen Newman thanked Mann and said the Board “has long made the case for many of the measures included in this report.” Among them, she said, were “training, staff accountability, uniform guidance, recording of Jewish ethnicity, and empowerment of Jewish staff networks.”
Newman also noted that several of the recommendations were included in the board’s July 2025 Commission on Antisemitism report, which Mann jointly chaired.
The Jewish Medical Association said the reforms would ensure “accountability for protection from discrimination” for both Jewish staff and patients and other minorities, and the Community Security Trust said it welcomed Mann’s recommendations and “the clear recognition that antisemitism must be addressed urgently across the NHS.”
Concerns about whether people perceived to be Jewish or pro-Israel can safely receive medical care from pro-Palestinian workers has ratcheted up anxiety in Jewish communities around the world, fueled by viral incidents such as an Australian nurse who filmed herself threatening Jewish patients last year.
Ahead of Lord Mann report’s, the British network ITV News aired an interview with an Orthodox Jewish doctor who quit his NHS job and moved to Israel this week with his family, citing rising antisemitism in England.
Dr. Boruch Michaels lived in the heavily Orthodox Jewish London neighborhood of Golders Green, where a spate of recent attacks on Jewish targets. Among the issues he told ITV that he had seen at work were other doctors refusing to treat Israeli patients and staff refusing to give Jewish patients kosher meals.
He said, “If they are dying and in A&E [the emergency room] I’ve been told by doctors that if they’re from Israel then they will not treat that person.”
Mann did not comment publicly on the doctor’s account but said in making his recommendations, “Jewish people have to be confident that they will receive the same treatment as everyone else, at all times in all situations.”
Speaking to the BBC on Wednesday night, Mann elaborated on his views about the political signifiers in the workplace. (Neither he nor the report specifically mentioned keffiyehs, signifiers of Palestinian solidarity that some Jews and allies of Israel interpret as support for violence.)
“An ‘I support Palestine’ badge, or anything like that, is a problem for some people, just in the same way as an ‘I support Israel’ badge is a problem for some people. Don’t wear either,” he said.
More broadly, Mann said, workers should not be bringing their views into the NHS. “The stronger the views the bigger the problem,” he said.
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