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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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Two Argentine Jewish Tourists Assaulted in Milan as Antisemitic Incidents Surge Across Italy
A protester uses a pole to break a window at Milano Centrale railway station, during a demonstration that is part of a nationwide “Let’s Block Everything” protest in solidarity with Gaza, with activists also calling for a halt to arms shipments to Israel, in Milan, Italy, Sept. 22, 2025. Photo: REUTERS/Claudia Greco
Two young Argentine Jewish tourists were violently assaulted in Milan by a group of North African migrants after being targeted for wearing kippahs, in one of the latest antisemitic attacks amid a relentlessly hostile climate toward Jewish communities across Europe.
According to Italian media reports, the two 19-year-old Argentine tourists were attacked late Sunday night outside a 24-hour supermarket in Milan, a city in the northern part of the country, at Piazzale Siena after leaving the store when a group of about 10 people approached them.
After spotting the kippahs worn by the two young men, the attackers began shouting antisemitic insults, including “f**king Jews,” before violently assaulting them, leaving one of the victims with a broken nose.
Authorities and emergency responders were quickly dispatched to the scene following the attack, with police and paramedics providing assistance before transporting the two victims to a local hospital.
Local law enforcement has now opened a criminal investigation into the assault, reviewing surveillance camera footage and analyzing cell phone data from areas surrounding Piazzale Siena.
The European Jewish Congress (EJC) strongly condemned the incident, describing it as a sign of rising antisemitic hostility and calling for renewed efforts to safeguard Jewish communities across Europe.
“This disturbing incident highlights the very real dangers Jews continue to face in public spaces across Europe simply for expressing their identity. Antisemitic violence must be confronted with the utmost seriousness,” EJC said in a statement.
“Authorities must ensure that those responsible are swiftly identified and brought to justice. No one in Europe should fear being attacked for being visibly Jewish,” it continued.
Two young Jewish tourists from Argentina were violently assaulted outside a supermarket in Milan after being identified as Jewish by their kippahs.
The attackers first hurled antisemitic insults before punching the victims, leaving one with a broken nose.
This disturbing… pic.twitter.com/Ch0IzlgWt4
— European Jewish Congress (@eurojewcong) March 4, 2026
Amid heightened tensions tied to the recent US-Israeli joint military campaign against Iran, Walker Meghnagi — president of the Jewish community of Milan — called on authorities to strengthen protection for Jewish schools and synagogues.
“We must remain vigilant. We have asked the prefect to increase surveillance around our schools and places of worship, as well as to safeguard our freedoms, but we cannot isolate ourselves,” he said.
“We are Italians and deserve to be respected as such. We are a free people, and we will not hide — we must stand firm in defense of our freedom,” Meghnagi continued.
Like most countries across Europe and the broader Western world, Italy has seen a rise in antisemitic incidents over the last two years, in the wake of the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
According to newly published figures, antisemitism in Italy surged to record levels in 2025, reflecting a broader climate in which Jews and Israelis across Europe have faced harassment, vandalism, and targeted violence.
In Italy, the Milan-based CDEC Foundation (Center of Contemporary Jewish Documentation) confirmed that antisemitic incidents in the country almost reached four digits for the first time last year.
Of 1,492 reports submitted through official monitoring channels, the CDEC formally classified a record high 963 cases as antisemitic, according to the EJC and Union of Italian Jewish Communities (UCEI), the main representative body of Jews in Italy.
By comparison, there were 877 recorded incidents in 2024, preceded by 453 such outrages in 2023 and just 241 in 2022.
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New York Judge Overturns Disciplinary Sanctions for Columbia University Students Who Occupied Hamilton Hall
Protesters gather at the gates of Columbia University, in support of student protesters who barricaded themselves in Hamilton Hall, in New York City, US, April 30, 2024. Photo: REUTERS/David Dee Delgado
A New York state judge has overturn disciplinary sanctions imposed on a group of anti-Israel protesters who illegally occupied Columbia University’s Hamilton Hall and interned janitorial staff while destroying property to protest the Israel-Hamas war, raising concerns that colleges may be deprived of the power to punish severe misconduct perpetrated by students who claim to be advancing progressive causes.
Twenty-two current and former students, all of whom contested their punishments anonymously, may soon walk away without being held accountable following Judge Gerald Lebovits’s ruling last Friday that Columbia’s actions were “arbitrary and capricious.” Lebovits went further, citing the students’ concealment of their identities with masks and keffiyeh scarves as evidence that the university lacked evidence to determine that they were actually in Hamilton Hall despite that they had been arrested on the scene by the New York City Police Department (NYPD).
“In the disciplinary proceedings against the 22 Columbia students, the sole evidence that they were present in Hamilton Hall during its occupation was a report reflecting that petitioners had been arrested,” he wrote. “No evidence was offered in the disciplinary proceedings of actions taken inside Hamilton Hall by any particular student, as opposed to the conduct of the group of occupiers as a whole.”
Lebovits, after arguing that the group should not be disciplined even as he described their infractions, then argued that illegally occupying Hamilton Hall is “decades-long tradition.”
He continued, “Others might see the occupiers’ actions as manifestations of an ugly hatred against Jews, using rhetoric about Gaza mainly as a pretext. But the task for this court is not to decide between these perspectives, or to opine on the moral or political issues implicated by the actions of the parties to this proceeding.”
In a statement shared with The Algemeiner on Wednesday, Columbia University noted that Lebovits’s vacating the disciplinary sanctions does not take effect for 30 days, during which time university lawyers may pursue other legal avenues.
“The order does not take effect for at least 30 days, and no student who was disciplined for the occupation of Hamilton Hall can return to campus at this time,” a university spokesperson said. “Columbia is considering all of its options, including seeking a stay of the order and appealing the decision.”
As previously reported by The Algemeiner, in April 2024, anti-Israel agitators occupied Hamilton Hall, forcing then-university president Minouche Shafik to call on the NYPD for help, a decision she hesitated to make. During a search of the scene, the NYPD found a number of disturbing items, including “gas masks, ear plugs, helmets, goggles, tape, hammers, knives, ropes, and a book on TERRORISM [sic].” Police also found signs which said “death to America” and “death to Israel.”
During the same period, a group that calls itself “Columbia University Apartheid Divest” (CUAD) commandeered a section of campus and, after declaring it a “liberated zone,” lit flares and chanted pro-Hamas and anti-American slogans, according to numerous reports. When the NYPD arrived to disperse the unauthorized gathering, hundreds of students reportedly amassed around them to prevent the restoration of order.
“Yes, we’re all Hamas, pig!” one protester was filmed screaming during the fracas, which saw some verbal skirmishes between pro-Zionist and anti-Zionist partisans. “Long live Hamas!” said others who filmed themselves dancing and praising the al-Qassam Brigades, the armed wing of the Palestinian terrorist organization.
Beyond the occupation of school property, Columbia has produced some of the most indelible examples of antisemitism, pro-jihadist sentiment, and extreme anti-Zionism in American higher education since the start of the Gaza war in October 2023. Such incidents include a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
In July, interim then-university president Claire Shipman said the institution would hire new coordinators to oversee antisemitism complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” the infamous organization CUAD, which had serially disrupted academic life with a number of other unauthorized, surprise demonstrations attended by non-students.
However, Columbia University has retained a professor, Joseph Massad, who celebrated Hamas’s Oct. 7, 2023, massacre across southern Israel — where the Palestinian terrorist group sexually assaulted women and men, kidnapped the elderly, and murdered children in their beds — allowing him to teach a course on the history of the Israeli-Palestinian conflict.
Speaking to The Algemeiner in January, Middle East expert and executive director of Scholars for Peace in the Middle East Asaf Romirowsky said that Massad’s remaining on Columbia’s payroll is indicative of the university’s hesitance to enact meaningful and lasting reforms.
“Joseph Massad is a notorious tenured antisemite who has spent his career at Columbia bashing Israel and Zionism, a poster child for BDS and a scholar propagandist activist. Furthermore, he has shown his true colors time and time again defending Hamas and calling the 10/7 barbaric attack on Israel ‘awesome,’” Romirowsky said.
Noting that Columbia’s own antisemitism task force said in a December report that the institution employs few faculty who hold moderate views on the Israeli-Palestinian conflict, he added, “By allowing Massad to continue teaching and spreading his venom, Columbia is only codifying the dearth of knowledge as it relates to the Middle East. It should take the finding of the report and act upon it by getting rid of the tenured radicals they allowed to hijack the institution.”
Follow Dion J. Pierre @DionJPierre.
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California Governor Gavin Newsom Likens Israel to ‘Apartheid State’
California Governor Gavin Newsom speaks at a press conference, accompanied by members of the Texas Democratic legislators, at the governor’s mansion in Sacramento, California, US, Aug. 8, 2025. Photo: REUTERS/Carlos Barria
California Gov. Gavin Newsom on Tuesday ignited controversy after suggesting it is “appropriate” to describe Israel as an “apartheid state” and questioning the future of US military assistance to the Jewish state during an event to promote his new memoir.
Speaking during a book event in Los Angeles with “Pod Save America” host Tommy Vietor, Newsom said that recent policies pursued by Israel’s current government have made the term increasingly common in international discourse. While framing his comments as reluctant, the Democratic governor said it “breaks my heart,” but argued that the trajectory of Israeli leadership leaves the United States with “no choice” but to reconsider aspects of its longstanding support such as providing military aid.
“I mean, Friedman and others are talking about it appropriately – sort of an apartheid state,” Newsom said in reference to New York Times journalist Thomas Friedman.
“It breaks my heart because the current leadership in Israel is walking us down that path where I don’t think you have a choice but to have that consideration,” Newsom said.
The remarks place Newsom among the most high-profile American elected officials to publicly entertain the apartheid label — a characterization Israel has consistently rejected as false and inflammatory. Israeli officials across the political spectrum have long argued that such comparisons distort the complex security, legal, and historical realities of the Israeli-Palestinian conflict, while ignoring the equal rights afforded to Israel’s Arab citizens and the ongoing security threats facing the country.
Newsom reportedly directed much of his criticism at Prime Minister Benjamin Netanyahu’s governing coalition, describing its policies in the West Bank and toward Palestinians as contributing to growing international unease. His comments come amid continued tensions in the region, including the future prospect of Israeli military operations against Hamas in Gaza and ongoing military conflict with Iran and its regional proxies.
Newsom also directed criticism toward the current war in Iran, accusing Jerusalem of pushing the White House to pursue military conflict with Tehran. The California governor suggested that Israel should not be trusted to lead a successful campaign against Iran, given Jerusalem’s failure to topple Hamas in Gaza. He also suggested that Netanyahu bamboozled US President Donald Trump into pursuing a war against Iran.
“They couldn’t even – I mean, we’re talking about regime change?” he said, “For two years, they haven’t even been able to solve the Hamas question in Israel. So, this is, I mean, you know, I wanna be careful here, but, you know, in so many ways, that influence in the context of the conversation of where Trump ultimately landed on this is pretty damn self-evident.”
Trump was asked at the White House if Israel dragged the US into conflict with Iran and rejected the notion.
“I might have forced their [Israel’s] hand,” Trump told reporters in the Oval Office as he met with German Chancellor Friedrich Merz. “We were having negotiations with these lunatics, and it was my opinion that they were going to attack first. If we didn’t do it, they were going to attack first. I felt strongly about that.”
In Jerusalem, officials have frequently pushed back against the apartheid accusation, noting that Israel is a multiethnic democracy with an independent judiciary, free press, and Arab representation in the Knesset and on the Supreme Court. Critics of the apartheid claim also point to the repeated rejections by Palestinian leadership of past peace proposals that would have established a sovereign Palestinian state alongside Israel.
Newsom’s statements arrive at a sensitive moment in US-Israel relations. As the 2028 Democratic primary begins to set in motion, progressive voices within the Democratic Party have increasingly called for conditioning or reducing military aid to Israel. Newsom, widely viewed as a potential contender for the 2028 Democratic presidential nomination, now appears to be navigating that internal party divide.
In a recent podcast appearance with conservative commentator Ben Shapiro, Newsom rejected the argument that Israel has committed a so-called “genocide” in Gaza and expressed support for the country’s right to defend itself from Hamas terrorism.
Netanyahu has said in several interviews over the past few months that he intends to “taper off” Israeli dependence on US military aid in the next decade.