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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 rabbi’s son who drew an antisemitic mural on Wilshire Boulevard
The mural went up in a day in the mid-Wilshire district of Los Angeles. By Thursday morning, Los Angeles Jews who saw it expressed outrage, calling it hateful and incendiary. The artist who drew it, meanwhile, told me he is the son of a Jewish father who didn’t mean to offend, just start a conversation.
Welcome to the bizarro world of antisemitism, circa 2026.
The 40-foot by 12-foot mural depicts Jews dancing on caskets and holding missiles above the heads of grieving mothers, rows of tanks and a sign that reads: “Buy More Things,” alongside images of diamonds and televisions.
One section depicts parents who appear to be Muslim holding their children and weeping. Five bodies of children are laid out on an altar-like table beside a figure with a yarmulke holding a missile. As your eyes move to the left, there’s a dollar sign and the words, “Freedom has Never Been Free.”
The piece, drawn in chalk against painted slate on a long panel of plywood construction fencing, combines the graphic scope and drama of Picasso’s “Guernica” with antisemitic caricatures straight out of the pre-World War II Nazi periodical Der Sturmer.
I’ve seen photos and videos of the mural, located at 5376 Wilshire Blvd. between Cloverdale Street and S. Detroit Street next to The Heart LA Church and just a few blocks from the Los Angeles County Museum of Art. My wife, Rabbi Naomi Levy, received the video via an urgent text message on Thursday from a congregant who came across it on her morning walk.
The “grotesque expressions on their faces, surrounded by images of war/suffering/greed,” the congregant wrote, play into “the worst antisemitic propaganda imagery.”
She’s not wrong. The congregant reported the mural to the city’s 311 complaint line. The Jewish Federation of Los Angeles confirmed it also fielded complaints.
The location is close to L.A.’s Orthodox Jewish Pico-Robertson neighborhood and just over a mile east of the headquarters of the city’s Jewish Federation and Shalhevet, a large Jewish day school.
The mural isn’t signed by the artist, but a phone number appears in the same chalk on an adjoining panel. David Sabastian, long a fixture in the L.A. fashion, music and art scene, posts the same phone number on his Instagram account bio.
So I called him.
“Right now there’s people who are offended by you simply saying ‘Free Palestine’,” he told me. “So can somebody be offended? Hell yeah! I offend people when I go to Whole Foods sometimes and I’m like wearing shorts. People get offended for everything.”
Sabastian said he doesn’t see the mural as antisemitic, or even that political.
“I’m not some radical pro-Palestine or pro-anything,” he said. “I’m an artist who simply illustrates my human experience.”
Sabastian told me he likes art that provokes conversation and stands for something. That’s one way to describe the mural. Another is that it crosses the line to hate.
“That would be a vast exaggeration and an irresponsible one,” he said. “But it is art. It could be interpreted in many ways, but I don’t think that way.”
When I pointed out that Jews I spoke with took offense, he told me he didn’t see it as representing all Jews.
“My father was a Hasidic rabbi,” he said.
Sabastian’s given name is David Miklatski. A 2016 profile of Sabastian in the L.A. Weekly reported that his father was a gallery owner who had recently died. Sabastian told me his father had a brief liaison with his mother, who lived in Watts. Then his father became very religious. He led a synagogue in the Pico-Robertson district — Sabastian couldn’t recall the name — and then moved to Israel.
“That story goes deep,” said Sabastian, who is in his late 30s. “He pretty much disowned me when I was a child.”
I told him there was a long history of antisemitic cartoons fueling hate and violence, and many people would see what he drew as offensive, just as they would stereotypical images of Blacks or Latinos. What does he see as the line between symbolism and vilification?
He answered me with a question of his own.
“I’ve lived the Black experience growing up in Los Angeles, right?” he said. “If I wanted to paint a picture that kind of dealt with that human experience of racism, and I chose to include a white person in it, am I villainizing all white people?”
I brought up George Floyd. The images that spread after his murder, a white foot or a white hand on Floyd’s neck, were clearly about the officers who killed him. They weren’t an indictment of all white people.
But his mural, I said, reads as an indictment of all Jews when it’s the Israeli army fighting the war.
“If you know who are murdering and slaughtering Palestinians, is it Mexicans? Is it Chinese?” he said. “It’s the Israeli army. Do the majority of them happen to be Jewish? Sure. So that’s just the drawing. If it was Black people doing it, then I would draw Black people or whatever the case may be. It’s simply like a political cartoon.”
Of course, it’s not so simple, given the way antisemitic images get weaponized to incite violence against Jews.
In our conversation, Sabastian himself wasn’t sure who he was targeting. He called the dancing figures “Jews,” not “the Israeli army.” Then, defending the piece, he said he’s drawing “the Israeli army” and that most of them “happen to be Jewish.” That shift from Israeli army to Jews and back is the exact line that is so easily blurred when criticism of Israel bleeds into antisemitism.
If that’s a matter of interpretation, it’s clear from the comments in Sabastian’s Instagram post of the mural how others are reading the artwork, which he titled, “Palestina.”
“You forgot to put them on there the ancient families that pull the strings while everyone fights on religion color or where they were born,” wrote one commenter.
“Now do a star of David symbol with a swatzika [sic]and a heart,” read another, followed by laughing emojis.
No word yet on any institutional response, but the social media popularity the mural has already garnered — more than 2,000 likes shortly after he posted it — will complicate any attempt to address it, to say the least.
So much of antisemitism these days comes down to a judgment call, especially when it comes to the line between criticizing the government of Israel and attacking all Jews. This mural, even if Sabastian didn’t intend for it to endanger Jews, isn’t a close call. That puts Jews in the no-win position of living with a work in their neighborhood that regurgitates and broadcasts age-old antisemitic tropes, or being seen as the enemies of artistic freedom.
It’s not a simple problem. Just consider the rapper Macklemore — who received massive support and attention for saying “Free Palestine” at an Ed Sheeran concert. Macklemore, by the way, follows Sabastian on Instagram.
The post The rabbi’s son who drew an antisemitic mural on Wilshire Boulevard appeared first on The Forward.
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‘Vote him out’: Israeli-Americans rally against Netanyahu, plan to return to Israel to vote against him
Gripping Israeli flags in Union Square, a crowd of roughly three dozen chanted “Vote him out,” as Israeli Prime Minister Benjamin Netanyahu prepared to speak before the United Nations on Thursday.
“It’s really an embarrassment that he’s even at the U.N.,” said Israeli-American protester Steve Lax, who is planning to fly to Israel to vote in the upcoming election.
UnXeptable, an organization founded by Israeli expats who say they are striving to save Israeli democracy, organized the demonstration. While those protesting opposed the Netanyahu government, the rally was intended more broadly to support change in Israel as the election looms. Roughly three dozen Israelis, Israeli-Americans and Jewish-Americans joined the protest.
Lax, who splits his time between Israel and America, said he supports Yair Golan and the Democrats. The main issues driving his vote are government corruption, settler violence in the West Bank and “the lack of hope for peace.”
“Jewish terrorism is creating more Arab terrorism,” said Lax, chairman of Naot Worldwide. “The settlers are totally out of control, and unfortunately some of the Israeli army, and certainly [Itamar] Ben-Gvir, have been supporting the settlers in what they’re doing.”
Israeli citizens living abroad may vote in the election if they are physically in the country to cast their ballots and have resident status. This is different from America, where citizens can vote by absentee ballot while outside the U.S.
Change, for those at the protest, means supporting one of the many opposition blocs. Offir Gutelzon, the Israeli-American co-founder of UnXeptable, is supporting the Gadi Eisenkot bloc. Critics of Eisenkot question what significant changes he will bring, as he aligns with Netanyahu on opposing Palestinian statehood. However, Gutelzon said Eisenkot’s stance on internal issues is what really matters to Israelis.
These include opposing judicial overhaul, setting term limits for prime ministers and drafting the Haredim into the military.
“I know that from the outside, everyone is looking at what will be different with Palestinians, what will be different in Gaza,” Gutelzon, who moved to America in 2011 for business reasons, said. “Most Israeli voters don’t think about that right now. They want to secure the country as a Jewish and democratic state, and then start talking about other things.”
But for Israeli-American Leora Agron, Gaza is one of the main reasons she is flying back to vote.
“Innocent people are dying,” she said. “Let them live. Give them support to do it, because everything is broken.”
Agron moved to Argentina in 1987 at age 30 to be with her husband. The couple considered moving back to Israel when they had children, but were discouraged by then opposition leader Ariel Sharon’s visit to the Temple Mount, which inflamed tensions with Palestinians.
What’s at stake?
Gutelzon is confident Netanyahu won’t remain in power. Even so, he says the stakes couldn’t be higher, and that if the PM doesn’t change, the country will slip into a “messianic theocracy.” This is in part due to brain drain, the concept of highly educated citizens emigrating.
Nearly 300,000 Israelis have left the country for at least three months since 2023, suggesting a mass emigration trend, according to a study from Tel Aviv University. Professor Itai Ater, who led the study, said the country is currently able to sustain itself despite these numbers. However, if the trend continues, emigration will severely harm the nation’s security and economy.
“We see that it’s many, many physicians, engineers, tech people and academics,” Ater told i24 News. “This is the best of Israel in a sense. The Israeli economy depends on human capital.”
Citing Ater’s study, Gutelzon noted healthcare would be impacted by physicians leaving, along with education if academics emigrate. Additionally, this group of people is paying the highest taxes, he said. They also serve in the military, and are needed given the exemption for Haredim.
Yonatan Schwartz, 19, participated in the protest and said he is reconsidering immigration to Israel. Schwartz, an American with two Israeli parents, attended the UnXeptable protest and said he had been planning to join the Israel Defense Forces. But if Netanyahu is reelected – or a different “right-wing extremist” wins – he said he’ll likely stay in America and go to college instead.
Supporting Israel, not the government
UnXeptable was initially inspired by the 2020 Balfour protests when hundreds of thousands of Israelis took to streets and bridges demanding Netanyahu resign after he was indicted on corruption charges.
“The Balfour protests started with a very simple statement that said that an indicted prime minister is unacceptable,” said Gutelzon, explaining how UnXeptable got its name.
The Bay Area-based organization wanted to show Israelis back home that those in the diaspora supported them. So they demonstrated at their own bridge, the Golden Gate.
Now, the protests have gone beyond showing solidarity with Israelis back home. As Gutelzon puts it, UnXeptable wants to show the world “the other Israel,” one that’s looking “for change.”
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A candy crisis has cast a pall on upcoming bar and bat mitzvahs
Ahead of my New Jersey synagogue’s first bar mitzvah this weekend, we learned that Sunkist Fruit Gems, the popular sacred confection lovingly lobbed at the end of many services to shower the b’nai mitzvah boy or girl with sweetness, had been discontinued by its candy maker.
I dreaded delivering this news to my son and daughter, Max and Rose, who are beginning to celebrate their classmates’ bar and bat mitzvahs and prepare for their own. For children, even those on the brink of adulthood, fruit-flavored gummies matter.
This also deals a blow to a silent protest that had already begun to percolate last spring when I celebrated my own bat mitzvah. When my classmates and I asked where we should take cover when our fans pelted us with the traditional fruit-flavored gummies, we were promptly informed that candy had been banned from the sanctuary.
A candy ban? I audibly gasped.
“This is unacceptable,” Rose declared when I told my kids the news. “We have to do something.”
The Los Angeles-based Ben Myerson Candy Company introduced Fruit Gems in 1955 after working with Sunkist on pectin candies, or natural fruit gels. Sunkist began putting its name on the label in 1966.
To focus more attention on wine and spirits, the Myerson family sold the candy business in 2006 to Jelly Belly Candy Co., which 17 years later was acquired by The Ferrara Candy Company. Apparently, Fruit Gems could not compete with Ferrara’s other products, which include Atomic Fire Balls, Fun Dip, Nerds, Pixy Stix and Lemonheads. And so, in May, Ferrara retired the Gems.
But an Atomic Fire Ball to the head is no way to celebrate a job well done. And lightweight Pixy Stix can not be lobbed hard enough to clear 10 rows of pews and hit their target. In fact, none of those confections can truly replace the sugar-coated, cellophane-wrapped Fruit Gem, which by the way, is also kosher.
While tossing sweets isn’t a sacred ritual, it does add a dose of cathartic joy for children at the end of a two-hour religious service and for the bar or bat mitzvah and their family at the end of a stressful occasion. Scholars trace the practice back to a passage in the Talmud, which mentions throwing grains and nuts at a couple during wedding celebrations.
As other milestones have taken on greater importance, a similar custom has spread to bar and bat mitzvahs in which jelly candy is used to bestow joy and sweetness on the teen as they transition into maturity.
I asked Kenneth Feibush, our temple’s former cantor, how the tradition there started. Now the cantor of Congregation Beth Israel in Houston where no one throws sweets, Feibush said it’s actually more common in Conservative and Orthodox congregations than Reform temples. But a handful of families at Temple Sholom introduced it on their own and it caught on. He had seen it before at a temple in Alaska where he had interned. There, the bar or bat mitzvah would don a helmet or open a parasol to shield themselves from the projectiles.
When I asked our spiritual leader, Rabbi Laurence Groffman, how the tradition ended, he said Temple Sholom prides itself on being an inclusive congregation but there are limits. “Unfortunately, ants don’t make the cut,” he said.
Turns out ants had infested the piano ahead of our Purim spiel last year. And as our temple readied for a costly renovation to our sanctuary, the powers-that-be said no more food fights.
So now that Sunkist Fruit Gems are no longer an option, is the protest against the candy ban a moot point? Is there a way to do a symbolic Gatorade dump to salute the sweat that went into the proverbial win? That’s precisely what our religious school director Cara Moroze recommended.
“I like a good compromise,” she said. “How ‘bout Rose dumps all the candy at once over her brother’s head? Then the kids come up to get the candy. No errant Twizzlers buried in a piano.”
I warned her that she had just reignited the protest movement.
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