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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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Most Europeans Consider Antisemitism an ‘Important’ Problem, Say Gaza War Influences Views of Jews: EU Survey
Anti-Israel protesters march in Germany, March 26, 2025. Photo: Sebastian Willnow/dpa via Reuters Connect
Over half of Europeans view antisemitism as a serious problem in their countries, with almost seven in ten saying the war in Gaza influences how Jewish people are perceived, according to a new European Union survey published this week as hostility toward Jews and Israelis across the continent shows no sign of easing.
Released on International Holocaust Remembrance Day, the European Commission’s Eurobarometer, which surveyed some 25,000 respondents, found that 69 percent of Europeans now believe that “conflicts in the Middle East” influence how Jewish people are perceived — up from 54 percent in a previous survey before the conflict.
The data also revealed that 55 percent of respondents consider antisemitism an “important” problem in their home country, with nearly half saying it has grown over the past five years and a large majority warning that hostility toward Jews in public places remains a serious concern.
Western countries, especially those with large Muslim-majority immigrant populations, expressed the greatest concern about rising antisemitism and were most likely to link it to Israel, revealing sharp differences across European Union member states.
For example, only 9 percent of respondents in Estonia said antisemitism was a problem, followed by Finland, Latvia, Malta, and Slovakia ranging from 16 to 21 percent.
However, 70 to 74 percent of respondents in countries such as France, Italy, Sweden, Germany, and the Netherlands saw antisemitism as a serious threat.
“Jewish culture is woven into the fabric of European history. We must protect and nurture this today and well into the future,” EU Commissioner for Internal Affairs and Migration Magnus Brunner said in a statement.
Today, Europe is home to nearly 30 percent of all Israelis living outside the country — roughly 190,000 to 200,000 people — with their population steadily increasing across the continent, according to a report from the Institute for Jewish Policy Research (JPR).
Yet governments and Jewish security organizations across the continent have documented a dramatic rise in anti-Jewish hate crimes since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
Germany recorded more than 2,000 antisemitic incidents in 2024 — nearly double pre-Oct. 7, 2023, levels.
In the UK, the Community Security Trust (CST) — a nonprofit charity that advises Britain’s Jewish community on security matters — recorded 1,521 antisemitic incidents from January to June last year. This was the second-highest number of antisemitic crimes ever recorded by CST in the first six months of any year, following 2,019 incidents in the first half of 2024.
France presents a similar pattern. According to the French Interior Ministry, the first six months of 2025 saw more than 640 antisemitic incidents, a 27.5 percent decline from the same period in 2024, but a 112.5 percent increase compared to the first half of 2023, before the Oct.7 atrocities.
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‘You’re Disgusting’: University of Miami Sophomore Harasses ‘Students Supporting Israel’ Campus Group
Kaylee Mahoney, a University of Miami student and conservative influencer who verbally attacked Jewish students on campus on Jan. 27, 2026. Photo: Screenshot.
A sophomore and right-wing social media influencer at the University of Miami on Tuesday verbally attacked a Jewish student group, leading the school to defend free speech while saying that “lines can be crossed” in response.
“Christianity, which says love everyone, meanwhile your Bible says eating someone who is a non-Jew is like eating with an animal. That’s what the Talmud says,” Kaylee Mahony yelled at members of Students Supporting Israel (SSI) who had a table at a campus fair. “That’s what these people follow.”
She continued, “They think that if you are not a Jew you are an animal. That’s the Talmud. That’s the Talmud.”
Mahony can also be heard in video of the incident responding to one of the SSI members, saying, “Because you’re disgusting. It’s disgusting.”
Later, Mahony, whose statements were first reported by The Miami Hurricane student newspaper, took to social media, where she has more than 125,000 followers on TikTok, and posted, “Of course the most evil (((country))) in the world is filled with (((people))) who hate Jesus [sic].”
The “((()))” is used by neo-Nazis as a substitute for calling out Jews by name, which, given the context in which they discuss the Jewish people, could draw the intervention of a content moderator.
Mahony is the head of public relations for the university’s College Republicans and the head of social media for Turning Point Miami, according to her LinkedIn.
The Miami Hurricane reported that, until Tuesday evening, Mahony’s Instagram and Tiktok bios included “Proud Goy” — a term referring to non-Jews.
Students told The Miami Hurricane that Mahony also charged that “rabbis eat babies” while harassing SSI. Nonetheless, Mahony reportedly defended her conduct, saying, “Referencing the disgusting verses of the Talmud is not being antisemitic. Asking someone about the book that they use as their moral compass isn’t antisemitic.”
The Talmud, a key source of Jewish law, tradition, and theology, is often misrepresented by antisemitic agitators in an effort to malign the Jewish people and their religion.
However, the University of Miami did not mention antisemitism in its statement on the incident.
“The University of Miami is aware of the exchange that occurred between students Tuesday afternoon,” the school said in a statement. “We strongly support our students’ rights to freedom of expression. However, we understand lines can be crossed. As such, the university has proactive policies in place to ensure the safety and wellbeing of all students.”
The statement went on to say that the university “remains committed to maintaining a campus environment where every student feels safe, welcome, and supported.”
According to The Miami Hurricane, the College Republicans terminated Mahony’s membership in the club.
Tuesday’s incident comes as right-wing antisemitism is surging in popularity among conservative youth, seemingly in part due to the influence of online influencers such as Nick Fuentes, Candace Owens, and Tucker Carlson.
In September, a conservative magazine at Harvard University published an opinion piece which bore likeness to key tenets of Nazi doctrine, as first articulated in 1925 in Hitler’s autobiographical manifesto Mein Kampf, or My Struggle, and later in a blitzkrieg of speeches he delivered throughout the Nazi era to justify his genocide of European Jews.
Written by David F.X. Army, the article chillingly echoed a January 1939 Reichstag speech in which Hitler portended mass killings of Jews as the outcome of Germany’s inexorable march toward war with France and Great Britain. Whereas Hitler said, “France to the French, England to the English, America to the Americans, and Germany to the Germans,” Army wrote, “Germany belongs to the Germans, France to the French, Britain to the British, America to the Americans.”
Army also called for the adoption of notions of “blood, soil, language, and love of one’s own” in response to concerns over large-scale migration of Muslims into Europe.
In Nazi ideology, “blood and soil,” or Blut und Boden, encapsulated the party’s belief in eugenics and racial purity; the German “Aryans’” right to expand into Eastern Europe to amass new Lebensraum, or “living space”; and the transformation of the German peasantry into an agricultural class which stood in contrasts to Jews, many of whom lived in cities.
Meanwhile, antisemitic hate crimes have spiked to record levels across the US.
Earlier this month, Stephen Pittman, 19, allegedly ignited a catastrophic fire which decimated the Beth Israel Congregation synagogue in Jackson, Mississippi. After being arrested, Pittman confessed and told US federal investigators that he targeted the institution over its “Jewish ties,” according to court filings.
As he allegedly carried out the act, Pittman notified his father of it via text message, saying “I did my research.”
Follow Dion J. Pierre @DionJPierre.
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Anti-Israel Candidates for US Senate Boast Strong Polling Numbers in Michigan Democratic Primary
Mallory McMorrow, a Democrat running for US Senate in Michigan. Photo: Screenshot
Mallory McMorrow, a vocal critic of Israel’s war in Gaza and a candidate for the US Senate in Michigan, holds a narrow lead over the rest of the Democratic primary field, according to a new poll.
The Emerson College Polling/Nexstar Media survey shows McMorrow, a member of the Michigan state Senate, ahead of the pack with 22 percent of the vote. US Rep. Haley Stevens (D-MI) sits in second place with 17 percent of the vote. Abdul El-Sayed, a physician with an anti-Israel policy platform, holds a respectable 16 percent of the primary vote.
McMorrow’s lead over the field may spark consternation among supporters of Israel, whose defensive military campaign in Gaza has been characterized by McMorrow as tantamount to “genocide.”
Just days before the anniversary of Hamas’s Oct. 7, 2023, massacre across southern Israel, McMorrow called Israel’s response in Gaza a “moral abomination,” saying it was “just as horrendous” as the attack carried out by Hamas-led Palestinian terrorists, who perpetrated the deadliest massacre of Jews since the Holocaust.
However, in a recent interview, McMorrow indicated tentativeness over her previous condemnation of Israel, admitting that the word “genocide” has become a “purity test” among progressive activists in Democratic primaries.
“I am somebody who looks at the videos, the photos, the amount of pain that has been caused in the Middle East, and you can’t not be heartbroken,” McMorrow said during an interview earlier this month. “But I also feel like we are getting lost in this conversation, and it feels like a political purity test on a word — a word that, by the way, to people who lost family members in the Holocaust, does mean something very different and very visceral — and we’re losing sight of what I believe is a broadly shared goal among most Michiganders, that this violence needs to stop, that a temporary ceasefire needs to become a permanent ceasefire, that Palestinians deserve long term peace and security, that Israelis deserve long term peace and security, and that should be the role of the next US senator.”
Conversely, Stevens has established herself as the favorite among pro-Israel Michiganders. Stevens scored an endorsement from the Democratic Majority for Israel in November 2025. In a statement, DMFI praised Stevens as someone who has “stood firm against extremism, antisemitism, and efforts to undermine America’s alliances.”
Stevens has routinely touted her pro-Israel bona fides, vowing to stand beside the closest US ally in the Middle East despite mounting pressure by party activists to cut ties with the Jewish state. The lawmaker promised that if elected she would continue to support legislation which bolsters Israel’s security.
“As a proud pro-Israel Democrat, I believe America is stronger when we stand with our democratic allies, confront antisemitism and extremism, and keep our promises to our friends abroad and our working families here at home,” Stevens said in a statement. “In the Senate, I’ll keep fighting to protect our democracy, support Israel’s security, ensure the ceasefire holds in Gaza, and deliver for Michiganders in every corner of our state.”
El-Sayed, the most far-left candidate in the race, has been especially critical of Israel’s war in Gaza. On Oct. 21, 2023, two weeks after the Hamas-led slaughter of 1,200 people and kidnapping of 251 hostages in southern Israel, the progressive politician accused Israel of “genocide.” The comment came before the Israeli military launched its ground campaign in Gaza.
He also compared Israel’s defensive military operations to the Hamas terrorist group’s conduct on Oct. 7, writing, “You can both condemn Hamas terrorism AND Israel’s murder since.”
In comments to Politico, El-Sayed criticized Democrats’ handling of the Israeli-Palestinian conflict, arguing that they should become the “party of peace and justice” and said that they “ought not to be the party sending bombs and money to foreign militaries to drop bombs on other people’s kids in their schools and their hospitals.” He called on Democrats to stop supporting military aid for Israel, saying, “We should be spending that money here at home.”
Earlier this month, The Algemeiner reported that El-Sayed is facing scrutiny over his past fundraising and public support for a political advocacy group whose affiliates organized anti-Israel protests at Holocaust memorial sites in Washington, DC, and the Detroit metro area.