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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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CAIR Connecticut urges Greenwich schools to stop using Eisner Camp over Israel ties
(JTA) — GREAT BARRINGTON, Mass. – Greenwich Public Schools in Connecticut said it would proceed with a planned fall trip for sixth graders at a Jewish camp in Massachusetts as planned this week, despite pressure from a Muslim advocacy organization over the camp’s Israeli symbols and Israel-related programming.
CAIR Connecticut, the state chapter of the Council on American-Islamic Relations, objected to the trip, saying that programming at Eisner Camp in Great Barrington “incorporates connections to Israel,” the chapter’s board chair Farhan Memon wrote in a letter to Greenwich Superintendent of Schools Toni Jones dated Oct. 13.
The four-day Greenwich Schools field trip was organized by the Outdoor Classroom project, which works with seven locations in New England, including Eisner. Four of the camps are affiliated with Christian organizations, and two have no religious affiliation. With its clients, Outdoor Classroom coordinates nature-related learning programs for kids.
Memon wrote that some parents in Greenwich had viewed a video and photos of previous school events at Eisner and “identified Israeli flags and yellow ribbons prominently displayed in spaces used during school visits.”
“At the very least, spaces used by Greenwich students on any school trip should be free of national and political displays,” Memon wrote.
Eisner director Paul Isserles said in a statement shared with the Jewish Telegraphic Agency: “We welcome Outdoor Classroom to use our camp facilities. Throughout the year many outside organizations rent our facilities for various programs. URJ Eisner Camp is proud to have an Israeli flag displayed for our camp programs.”
When it comes to visiting groups, “Frankly, we are not regularly asked to do anything to remove those symbols or to cover them,” said Union for Reform Judaism president Rabbi Rick Jacobs in a telephone interview with JTA. “Because to be honest, we wouldn’t.”
Answering Memon’s letter on Oct. 14, Jones wrote in an email that her school district “acknowledges that individuals and families have vastly different views regarding global events” and that it intends to “provide an inclusive and safe educational environment for all Greenwich Public School students, including when they are on field trips under our care.”
She added that she had “made it clear to a few families that we will not take a political or religious stand.” JTA has seen both the CAIR letter and the email response.
CAIR Connecticut did not respond to JTA’s query.
CAIR’s national website says the organization promotes interfaith dialogue and “condemns all acts of violence against civilians by any individual, group or state.”
The Reform movement founded the 600-acre camp in 1958 as the Joseph Eisner Camp Institute for Living Judaism. It is located in the Berkshire Hills south of the town center of Great Barrington.
It is one of more than a dozen of the movement’s overnight camps in the North America. Many of those camps are rented throughout the year by groups that have nothing to do with Judaism, URJ’s Rabbi Jacobs said. “If a group rents the camp, they come up with their own agenda,” he said.
He added, “There are flags and other symbols of Judaism and of Israel in our camps, and we’re proud of that.”
Some parents had raised concerns about the venue as early as March. CAIR urged the district to stop using the camp in the Oct. 14 letter.
Removing decorations from the camp would not be enough, he said, noting that parents were upset after seeing promotional material about Eisner bringing Jewish campers to visit Israeli army bases under the Gadna, an Israeli military youth program.
A July 2019 post on Eisner Camp’s website says a group of participants in its Israel trip chose Gadna, stayed at an army base, practiced drills and learned to shoot at a target.
“URJ Eisner Camp participants who go to Israel have not participated in Gadna since 2023,” camp director Isserles said in a statement provided to JTA. “Our Israel programming at camp and in Israel is focused on Jewish identity, community, education, and connection to Israel.”
What CAIR is saying is that “A Jewish institution can be an unfit place for public-school children because it is visibly Jewish and identifies openly with Israel,” wrote blogger and Eisner alumnus Rabbi Jeff Salkin in his “Unfiltered” Substack on Oct. 19.
“A Jewish institution should not have to hide its Jewish identity to count as a fit place for other people’s children. You would not ask a church camp to remove a cross, or a Muslim camp to take down a crescent. A standard that demands such hiding makes Jewish identity itself the problem,” Salkin wrote.
This article originally appeared on JTA.org.
The post CAIR Connecticut urges Greenwich schools to stop using Eisner Camp over Israel ties appeared first on The Forward.
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Who are the first time voters who could sway Israel’s election?
(JTA) — JERUSALEM — On Oct. 27, Yael Chernyvsky, 18, from Ramat Hasharon in central Israel, plans to cast her ballot for the first time.
“I’m voting so we can change the future of this country,” the teen told Jewish Telegraphic Agency earlier this month. She was entering a Tel Aviv auditorium where some of Israel’s top politicians were about to address more than 1,000 first-time voters, including many in pre-military programs.
Chernyvsky, who is studying in an army preparation program in the Negev, blames the current right-wing government led by Prime Minister Benjamin Netanyahu for the country’s problems.
So she said she will vote for one of the opposition parties in the “change bloc,” which seeks to oust Netanyahu, who has been in office since 2009 except for a brief period in 2021-2022.
Chernyvsky had not decided which party she will vote for, but she said it will “probably” be either the Democrats led by Yair Golan or Yashar led by Gadi Eisenkot.
“We’ve basically had the same government for 20 years, and I genuinely think it’s corrupt. Why has this war been going on for three years? Why did it take two years to return the hostages? Why does the government give so much money to Haredi Jews who don’t work and don’t serve in the army?”
Chernyvsky is one of the estimated 640,000 Israelis aged 18 to 22 eligible to vote in Tuesday’s election, according to the Israel Democracy Institute (IDI). Comprising nearly 10% of the electorate, their votes could determine as many as 12 seats in the 120-member Knesset.
“Israel is a young country with a high birth rate,” said Tammy Hoffman, head of the education policy program at the IDI, which co-sponsored the young voter event with the Yigal Allon Center. “If their turnout is high, as our research suggests, first-time voters will make a difference.”
In May, Hoffman and her colleagues surveyed potential young first-time Jewish and Arab voters about their attitudes and political engagement. Across Israel’s population groups, 80% to 95% said they would “definitely” or be likely to vote. Secular Jewish youth expressed the highest level of certainty regarding participation, while 87% of Arabs said they intend to vote.
It’s a higher percentage than in the U.S., where the youth turnout in the 2024 presidential election was only 47%, according to the Center for Information and Research on Civic Learning and Engagement.
More than four-fifths of respondents to the IDI survey described the opportunity to vote as either “fairly meaningful” or “very meaningful,” with particularly strong responses among traditional and religious Jewish youth.
A separate poll of 18-year-old to 22-year-old potential first-time voters for the Ynet and Yedioth Ahronoth news outlets also revealed high motivation: 67% of respondents said they were certain they would vote, while another 19% thought they would.
In both polls, national security and the cost of living were top priorities for both Jews and Arabs. Hoffman wasn’t surprised.
“For the past several years, they’ve lived in an unstable environment during their adolescence. They were in junior high during COVID, they witnessed the judicial reform protests, and of course Oct. 7. They are worried about their future.”
While the Hamas attack affected every Israeli, the fact that so many first-time voters are either serving in the Israel Defense Forces or will do so in the near future could influence how they vote.
Jewish Israeli voters of all ages have moved rightward politically over the past couple of decades, Hoffman noted.
“But military service doesn’t necessarily lead you to a nationalist stance,” Hoffman emphasized. “It can do the opposite: It can bring up questions about the war and its goals.”
Arab Israelis, meanwhile, haven’t shifted rightward, but they are more eager to vote in this election than previous elections, reflecting their growing engagement in Israeli society, Hoffman said.
In a Sept. 23 N12 poll, 74% of young people described their political views as right-wing or center-right, while 23% identified as left-wing or center-left. If the election were held at the time the poll was taken, 16% of respondents would vote for Eisenkot’s Yashar party and 14% would vote for Netanyahu’s Likud party.
Despite the assumption that the majority of Jewish youth will vote for right-wing and far-right parties, Hoffman said, mock elections at high schools around the country show a different picture.
She said the majority of students voted for Eisenkot’s Yashar party and Beyachad, led by former prime ministers Naftali Bennett and Yair Lapid from the opposition Change bloc, and “some for Netanyahu’s [right-wing] Likud, but not a lot for [Itamar] Ben-Gvir,” who heads a far-right party.
Omer Gross from Jerusalem, who graduated from high school in June and is now in an army-prep program in the Golan, plans to vote for the Religious Zionist party led by far-right politicians Finance Minister Bezalel Smotrich and Moshe Feiglin.
“I don’t really agree with what Smotrich has been doing in Gaza,” he said, referring to Smotrich’s objective to reestablish the uprooted Jewish settlements in Gaza and incentivize Palestinian emigration from the strip, “but I support what he does in the territories” – the West Bank. “We need a strong, secure Israel.”
Tomer Shiloh from Herziliyah, who attends the same Golan Heights program as his friend Omer, has different plans.
“I’m voting for the ‘Change’ bloc, for Gadi Eisenkot or Naftali Bennett,” the 18-year-old said.
If it were up to Shiloh, the next government would require Haredi, or ultra-Orthodox, young men to serve in the IDF, as he will do next year. He wants the next government to lower Israel’s high cost of living.
“I want the people who run this country to have good values and to do what’s best for the country and not for themselves,” the teen said.
Sgt. M is a 22-year-old office worker doing his first stint of reserve duty following the conclusion of his mandatory army service. He says ensuring that all Israelis serve the country either in the IDF or through National Service is at the top of his election priority list. But he will be voting for the left-of-center Democrats party mostly for economic reasons.
“Did you know that most university students have to work while they study to pay for tuition, books, food and housing?” the reservist, who requested anonymity due to IDF regulations, said as he traveled home by train from his army base. “I wanted to start studying right after finishing the army, but between the cost and reserve duty, that’s impossible,” he said.
Speaking from his home in the northern Israeli city of Shef-Amra, Khalel Alaa Sabeh, 18, said he plans to vote for an Arab party that will prioritize addressing resource gaps in the Arab community.
“I want to see more money allocated to the Arab community,” he said, noting that historically, Arab municipalities have received less government funding than Jewish municipalities. “But most of all, I want our families to be safe. There’s a lot of crime in the Arab sector and the Netanyahu government isn’t doing enough to stop it.”
Sabeh, who plans to start university next year, said he is urging his friends to show up to vote on Oct. 27.
“I want to see change in this country, and if Netanyahu wins we’ll have four more bad years.” Yet whatever the outcome on Election Day, he said, “I won’t leave the country. This is my land, this is my home.”
This article originally appeared on JTA.org.
The post Who are the first time voters who could sway Israel’s election? appeared first on The Forward.
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Israel’s global image is deteriorating. Why isn’t it a bigger issue in the election?
(JTA) — JERUSALEM – Over the past few months, Israeli media has been full of reports of Israeli holidaymakers in Europe, Asia and the Americas being harassed or physically attacked after being identified as Israeli.
In July, a group of Israeli tourists visiting Montenegro were reportedly confronted by a man and a woman, apparently locals, who asked, “Taking a break from genocide?” and told them to stay in Israel. In Greece, an Israeli woman said a restaurant refused to serve her after she told an employee she was from Israel.
In Thailand, a mother and daughter were allegedly beaten after they told a man they were from Israel, according to the mother’s account.. And in the U.S., an Israeli couple checking into a hotel in California were asked if they were “baby killers.”
These reports come as Israel’s image around the world has fallen to historic lows. A Pew poll conducted between February and May this year found that across 36 countries, a median of 67% of adults held an unfavorable view of Israel.
On the diplomatic front, hostility is also growing. Israel’s ongoing military action in Gaza has been termed “disproportionate” by a growing number of world leaders, and unchecked violence by Israeli settlers in the West Bank – as well as Israeli government policy there – has prompted some countries, including some considered allies, to pull back or even impose sanctions.
Despite this hostility the issue of Israel’s diplomacy, its image worldwide and who is to blame for its deterioration is barely factoring into the fast-approaching election on Oct. 27.
Yaakov Katz, a senior fellow at the Jewish People Policy Institute, told the Jewish Telegraphic Agency that there have been complaints about Prime Minister Benjamin Netanyahu and his government not being effective at explaining Israel’s policies or actions to international audiences. Nevertheless, most Israelis see this as a problem beyond their control, he added.
“There is the argument that Netanyahu makes, which is that no matter what we do, the whole world’s against us, and no matter what we say, it’s antisemitism,” said Katz, co-author of “While Israel Slept: How Hamas Surprised the Most Powerful Military in the Middle East.” “People accept that argument, and to a large extent, they don’t push back on it. Why? Because part of it is true, right?”
Katz pointed out that many Israelis believe the sharp rise in antisemitism worldwide would keep happening regardless of what Israel does.
“In other words, Israelis believe that even if the number killed in Gaza was not 70,000 but 10,000, you still would have genocide claims; it makes no difference,” he said, adding that the average Israeli does not fully understand that declining support, particularly in the U.S., could eventually have “existential consequences for the country.”
“Most people here don’t think that far ahead,” Katz said. Instead, they take comfort in news such as President Donald Trump’s endorsement of Netanyahu, he added.
Ofir Dayan, a senior fellow at the Institute for National Security Studies at Tel Aviv University, said, however, that Israelis are painfully aware of what is happening abroad and are concerned about it. But she said there are other, more pressing issues in a country that has been grappling with more than three years of war.
“When people talk about the elections and what the Netanyahu government did right or wrong, they definitely look at this issue, and it is something they care about,” Dayan said.
However, she continued, most are unlikely to vote for a party or a candidate based on their position on this issue because it is just not a priority.
“Israeli voters are very much one-issue voters, and the issue in this election is security,” Dayan said. “We’re not remote enough from Oct. 7 for people to completely shift their vote and vote based on this idea.”
In addition to security and the questions surrounding the Oct. 7, 2023, Hamas-led terror attack, Peter Lerner, the former Israel Defense Forces spokesman for the international press, told JTA that the “issue of Israel’s international standing is secondary to two things: Netanyahu or not Netanyahu, and the left vs. the right.”
“Obviously, each one of those comes with its own package of Oct. 7-related issues and the question of who is most suited to deal with the threats that are around us,” he said, adding, “you just don’t see very many talking about it and when they do talk about it, it is secondary to everything else.”
Of the dozen or so parties expected to win seats in Israel’s parliament, the Knesset, only a few have referred to Israel’s negative global image or suggested ways to improve public diplomacy.
The B’Yachad Party, headed by former prime ministers Naftali Bennett and Yair Lapid, is one of those discussing it as part of a plan to repair ties between Israel and world Jewry. Under this plan, the party hopes to elevate the importance of Diaspora Jewry, allowing a non-voting observer in Israel’s parliament, the Knesset, to focus on such issues.
Amcha Yisrael, a new right-wing party led by former IDF Brig. Gen. Ofer Winter, has two candidates on its list who are prominent public diplomacy activists – Yoseph Haddad and Fleur Hassan-Nahoum. Haddad has said multiple times that he would like to be Israel’s next minister for public diplomacy.
Journalist Eylon Levy, a former spokesman for the Israeli government, told JTA’s “Waiting for 61” podcast that public diplomacy, or hasbara as Israelis refer to it, “is not a goal in itself” for most of the candidates.
He said the discussion was more about “who can manage relations with the world so that we can achieve our national interests.”
Within that framework, Levy pointed out, there is a range of opinions. On the far right, the approach of the Otzma Yehudit Party, led by Minister of National Security Itamar Ben-Gvir, is to make Israel look tough and “screw the woolly-hearted soft liberals if they don’t like it.”
On the left, “the position may be equally detached from reality,” Levy said.
“There is a belief on the left that if Israel starts behaving like a normal country and doesn’t have ministers who say aggressive nonsense, then Israel’s relations will snap back to normal,” he said. “I think there may be a denial there of how much public opinion has shifted against Israel and how much the expectations of policymakers have shifted as well.”
While Levy said he did not believe there would be a massive change in perceptions if a new government were elected on Oct. 27, he did believe it would be given a grace period, at least by Israel’s less-than-friendly allies.
“The question is whether an alternative government would suddenly magically boost Israel’s international standing; I don’t think it will,” he said. “But I do think a more moderate government will buy Israel some goodwill, definitely among those who say, in theory, we support Israel.”
This article originally appeared on JTA.org.
The post Israel’s global image is deteriorating. Why isn’t it a bigger issue in the election? appeared first on The Forward.
