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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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At Eurovision, Israel’s near triumph shows the limits of tolerance
VIENNA — A keffiyeh was blocking my view, and it bothered me less than I would have expected.
It was around 9:45 pm, and I was standing outside Vienna’s city hall, where the city had erected a “Eurovision village.” The pan-European singing competition was taking place in the former Habsburg capital, grand architecture framing massive public viewing screens.
Security was tight. Visitors weren’t allowed to bring bags inside the area, and we were patted down by two separate guards before we were allowed to enter. In August 2024, a foiled terror attack led to the cancellation of three Taylor Swift concerts, an international embarrassment authorities were keen not to repeat.
And then there were the protests over Israel’s participation.
The day before, an anti-Israel solidarity concert had featured a video call with Unorthodox author Deborah Feldman, who said she was protesting the “whitewashing” of a genocide. A separate “song protest” reportedly escalated from chants of “One love” to “Death, death IDF.” Earlier that day, demonstrators had marched along Vienna’s main shopping boulevard. By the time evening rolled around, a group of clowns had gathered outside the parliament, practicing creepy, Joker-like laughs and holding signs that said “United by Genocide,” a play on the Eurovision Song Contest’s slogan. “United by Music.”
For a contest that insists on being apolitical, Eurovision had become unmistakably political.
I didn’t care much for the music, but world events were unfolding here in Vienna, and I wanted to see them up close.
Israeli singer Noam Bettan was the third to perform. As he got on stage and started singing “Michelle,” a couple of people in the crowd I was standing in started shouting “Free Palestine” at the screen. The chants weren’t loud enough to drown out the performance
Then, someone in front of me raised a keffiyeh, stretching it between both hands and waving it in the air. It blocked my view. I considered asking him to lower it. But did I really want to risk a confrontation? Instead, I stepped sideways – slightly annoyed, but telling myself this was the price of tolerance.
Only later that night did I begin to wonder whether tolerance was, in fact, a shared value.
Back home, I watched the voting. Just before 1 a.m. the audience vote catapulted the Israeli act into the lead. In the previous two years, Israeli entries had also performed strongly with viewers, placing first and second in the public vote without winning overall. The reasons have been debated: diaspora support, savvy promotion, or simply songs that fit the Eurovision formula — catchy, theatrical, sung with a powerful voice. (Israel has won the competition four times, most recently in 2018.)
Israel’s promotional efforts have drawn criticism, but no evidence of manipulation has emerged, and the public broadcaster KAN has responded quickly to European Broadcasting Union reprimands.
It didn’t matter. Social media filled with accusations that Israel had cheated. In the arena, just before Bulgaria’s points were announced, the booing aimed at Israel’s entry grew so loud it was clearly audible on the broadcast.
Bulgaria won, Israel came in second, and I felt something close to relief. At a time when several countries had already stayed away and others were wavering, it seemed less like a celebration than a breaking point. I wouldn’t want to witness what would happen if Eurovision were to be held in Israel next year.
It had been easy to move when the keffiyeh blocked my view. One step to the side, and the problem was gone. However, there was no stepping aside from what came later. Freedom of speech is about making space, but it can also be used to close it.
The post At Eurovision, Israel’s near triumph shows the limits of tolerance appeared first on The Forward.
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Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote
(JTA) — The Israeli contestant in the Eurovision Song Contest won second place for the second year in a row, drawing a strong public vote despite protests over Israel’s inclusion in the contest.
Noam Bettan and his song “Michelle” ranked third in the public vote and eighth in the jury vote, which combined to give him second place behind the entry from Bulgaria, which won the contest for the first time.
Bettan thanked his fans in a post on Instagram after leaving the stage.
“I’m still processing everything and trying to find the words for this incredible journey. You guys are amazing and this is all because of you. I love every single one of you!” he wrote. “This is just the beginning, there are so many amazing things in the way! 🤍Am Israel Chai!!!”
Five countries boycotted the contest this year over Israel’s inclusion, citing Israel’s military operations in Gaza. After the competition, a spokesperson for VRT, Belgium’s national broadcaster, said the country was unlikely to participate next year unless the European Broadcasting Union, which runs the contest, makes “a clear statement against war and violence and for respect for human rights.” Belgium came in 21st of 25 competitors in the final.
Bettan faced a smattering of boos both during the semifinal on Tuesday and during the final on Saturday in Vienna, as well as when Israel briefly led the leaderboard during the announcement of the audience votes. He told the Jewish Telegraphic Agency ahead of the final that he believed he had more fans than detractors and that he would focus on them.
Israel scored 220 points in the public vote after drawing a formal warning from the EBU for its campaign urging supporters to send all 10 of their votes to Bettan. Israel’s broadcaster called off the campaign after being told it was “not in line with our rules nor the spirit of the competition.”
Israel also drew 123 points from national juries, more than twice what it earned last year when 22 countries awarded Israel no points at all in a result seen as driven in part by political tensions.
This article originally appeared on JTA.org.
The post Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote appeared first on The Forward.
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It looks like a kaffiyeh, but this pro-Israel influencer wants you to wear a sudra
In a recent viral Jubilee video viewed more than 1.5 million times, pro-Israel activist Rudy Rochman sits across from a group of 20 pro-Palestinian activists, debating the Israeli-Palestinian conflict. Draped around his neck is a black-and-gray checkered scarf that looks almost identical to a kaffiyeh.
Look closer, and the pattern resolves into something else: tiny Stars of David clustered together, alongside Hebrew lettering spelling out Am Yisrael Chai — “the people of Israel live,” which has became a mantra after Oct. 7 and the hostage crisis. It’s not a kaffiyeh, Rochman says, but a modern twist on the sudra, a cloth head covering once worn by Jews across the Middle East — and he wants to bring it back.
Since the Gaza War, the kaffiyeh has become an increasingly visible symbol of pro-Palestinian activism. Now, Rochman is part of a small but growing effort to revive the sudra as a marker of Jewish identity rooted in the Middle East. He runs the company My Sudra, promoting and selling the garment online. It has been embraced by a niche but visible group of young pro-Israel influencers.
Rochman, a 32-year-old Jew of Moroccan and Algerian descent, said he and his family wore sudras during celebrations like bar mitzvahs and weddings. In old family albums, Rochman says most photos of his grandfather and great-grandfather show them donning the garment in Morocco.
As a child, Rochman understood the head covering as Middle Eastern rather than distinctly Jewish. Once he learned about its connection to Judaism, he set out to revive it, beginning to create sudras in 2016 while a student at Columbia University.
The term sudra appears in rabbinic literature, including the Mishnah and Talmud, as a general term for a cloth typically worn as the religiously prescribed head covering, though some sources describe Jews wearing it around their necks. Experts say Jews across the Middle East wore sudras, likely before the Middle Ages, with styles varying by region and period.
From the Middle Ages into the modern era, Jews in the Middle East, classified as dhimmis, sometimes faced legal restrictions on dress. One notable prohibition during certain periods was the wearing of a headscarf or turban by Jews, including the sudra.
“This form of headgear by Jewish men was not tolerated in many communities,” said Gillian Vogelsang-Eastwood, a textile historian specializing in Middle Eastern dress. “Men could wear the kippah, but nothing significant in public on the head.”
Over time, she said, those constraints contributed to the fading of the custom.
“For me, it’s about reviving an aspect of our culture that was beaten out of us by force,” said Rochman. “It’s not like we consciously made a decision. ‘Hey, we want to stop wearing sudras.’ We were forced to stop wearing it.”
Historically, sudras did not usually feature identifiably Jewish symbols. The Kurdish sudra is an exception, incorporating circles and dots with religious meaning. Even in Rochman’s own family photos, his ancestors typically wore plain white sudras.
Rochman, however, has deliberately added Jewish symbols to make the garment legibly Jewish to contemporary eyes.
Rochman sells sudras in various colors, including a black and white version that looks exceptionally similar to the Palestinian version of the kaffiyeh. Instead of the pattern of zig-zag stripes and criss-crossed squares that can be found on that kaffiyeh, Rochman’s sudra has stars of David juxtaposed to create a similar checkered pattern, as well as Jewish symbols like the menorah, along with the phrase Am Yisrael Chai.
The resemblance to the kaffiyeh is not accidental.
The kaffiyeh is widely seen today as a symbol of Palestinian identity and resistance, but it did not always carry that meaning.
According to Vogelsang, “The kaffiyeh is basically regarded as a 19th-century development worn by farmers in Syria,” she said. “The Jordanian army later adopted it as part of their uniforms.”
Vogelsang says its political symbolism developed in the 20th century, particularly through its association with Palestinian nationalism and figures such as PLO leader Yasser Arafat, who popularized the black-and-white kaffiyeh widely worn today.
Some say the patterns on the Palestinian black-and-white kaffiyeh represent different aspects of Palestinian culture. The criss-cross lines represent the Palestinian ties to the Mediterranean Sea because of their resemblance to fishnets; the black stripes symbolize trade routes through Palestine; and the curved lines are said to symbolize olive trees.
But Vogelsang and other experts say that this symbolism is a modern interpretation of older patterns. “They didn’t have these meanings. The Palestinian community has given them these meanings,” she said.
Patterns like checks and stripes were often used for garments in the Middle East, not because of any particular symbolism, but because “they are just an easy, convenient design to make,” said Vogelsang. Both Jews and Muslims used whichever fabrics were locally available, often checkered and striped patterns commonly associated with the modern-day kaffiyeh.
In a similar way, Rochman’s sudra takes on explicit political meaning through the inclusion of the phrase Am Yisrael Chai, popularized in the 1960s as a rallying cry for Soviet Jewry and now widely used at pro-Israel demonstrations. In that sense, his garment does not just revive a historical practice, but imbues it with ideological significance.
“Being a Zionist outwardly was kind of seen as excessive before Oct. 7, but after Oct. 7 it became something that was cool again,” Rochman said, adding that interest in — and sales of — his sudras increased following the attacks and the war in Gaza that followed.
I asked Rochman if he’s ever worried about being mistaken for wearing a kaffiyeh or accused of cultural appropriation. Dozens of Reddit threads are dedicated to the topic online. In the Jubilee video, one Palestinian activist tells him, “Are you going to pretend that the kaffiyeh you’re wearing is not a culturally appropriated kaffiyeh? And you just added the Hebrew and all of that to it.”
But he is not particularly bothered by either accusation.
“I look at it as just an opportunity to tell that person, whether a Jew or not a Jew, that doesn’t know anything about a part of Jewish culture, who we are and what we are.”
And while Rochman’s main goal is to help younger generations of Jews understand a part of their history that has faded, he hopes that more Jews wearing the sudra will also foster a greater understanding of Jewish history in the Middle East.
“We need to know where we’re from,” Rochman said. “And if it helps us connect with other Middle Eastern peoples, that’s amazing too.”
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