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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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Fight wildfires and other climate crises with this spiritual guide to catastrophe
As smoke from Canadian wildfires blankets much of the Northeast and Midwest in a hazy fog, some Jews are observing this Tisha B’av by mourning a different kind of destruction: that of a planet in crisis.
Tisha B’av, the saddest day on the Jewish calendar that commemorates the destruction of the First and Second Temples, deals with themes of grief and resilience relevant to today’s climate crisis, said Rabbi Laura Bellows, director of spiritual activism and education at Dayenu: A Jewish Call to Climate Action.
In advance of Tisha Ba’av, Dayenu this week released a spiritual guide for the aftermath of extreme weather — including floods, storms, heatwaves and fires. It was a grim coincidence, Bellows said, that the guide’s publication coincided with a time when those prayers would be of particular use.
“The grief is real,” Bellows said. “Jewish tradition is really good at encouraging us not to ignore it, but actually to make space and time to be with that grief.”
The guide includes an adapted version of Mi Shebeirach, the prayer for healing, written by Rabbi Daniel Scher at Kehillat Israel in the Palisades. Scher wrote the prayer for his congregation after wildfires caused significant smoke damage to the synagogue’s building, leading it to close for several months. Roughly 250 synagogue members — and all three clergy — lost their homes.
“The fire has seared through our homes and hopes, yet we stand together in our pain, trusting that new life can blossom in our midst,” the prayer reads.
Other texts in the guidebook offer hope for rebuilding. Rabbi Zoe Klein of Temple Isaiah in Los Angeles adapted the daily prayer, “May it be your will that the Temple be speedily rebuilt in our own time,” into a plea for wildfire survivors: “May it be Thy will that homes be rebuilt in our own time.”
Another ritual offers a hand-washing ceremony for survivors of water-related natural disasters. Participants wash their hands and recite the Birkat HaGomel, a prayer traditionally said after surviving a life-threatening event.
It’s not the first year rabbis have linked the climate crisis to Tisha Ba’av. More than a decade ago, Rabbi Tamara Cohen, chief of program and strategy at the Jewish youth group Moving Traditions, co-wrote “Eikha for the Earth,” which adapts the Book of Lamentations traditionally read on Tisha Ba’av as a “lament for the Earth.”
“Checkerspot butterflies flee their homes; polar bears can find no rest. Because our greed has heated Earth,” the text reads.
The adapted text aims to “welcome in Jews who are not so connected to the idea of mourning for the ancient temple, which doesn’t necessarily move lots of people today,” Cohen told the Forward.
But the timing of this year’s Tisha B’av makes the text feel eerily relevant, she said, pointing to the line “forest fires reach down and spread like fury.”
Jakir Manela, CEO of the nonprofit Adamah, which leads immersive Jewish experiences grounded in nature, said he’s also feeling particular grief for the earth this Tisha B’av. Manela lives in Baltimore, where he and his kids have been unable to go outside due to the unhealthy air.
“This is destruction in front of our very eyes, and affecting the largest population centers on the planet,” Manela said. “If folks have trouble connecting with Tisha B’av and the grief and mourning that it calls us to do, maybe this year is the time when it will hit home.”
The post Fight wildfires and other climate crises with this spiritual guide to catastrophe appeared first on The Forward.
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Why am I the only one troubled by an Anne Frank House shot glass?
Readers, how many of you have ever looked at the Anne Frank House and thought: “Wow, I wish I had a miniature version I could drink alcohol from” ?
Probably very few of you. And yet a ceramic replica of the historic house filled with approximately 1.7ozs of Bols Dutch gin is available from KLM Dutch Airways as part of a gift series for business class passengers on international flights.
The airline first launched the Delft Blue miniature house line in 1952 as gifts for business class passengers on intercontinental flights. I first discovered them last month, when I was flying with my dad to Maputo, Mozambique, to cover the centenary celebration of a local synagogue. My dad and I initially thought these would make good Christmas gifts for my cousin’s kids until we heard the liquid sloshing inside. We ended up keeping these recreations — which included the house of aviator Anthony Fokker and one of the last wooden houses left in Amsterdam — for ourselves.
While researching these unique souvenirs, I quickly discovered that one of the historic recreations is the Anne Frank House, aka “KLM miniature number 47,” which the Dutch airline added to the collection in 1975. My initial reaction was shock: How could the airline take a place that represents such a tremendous tragedy and turn it into a shot glass?
I reached out to KLM and asked if they had ever received a complaint about the item. A representative wrote back to say that, from what he knew, there had only ever been one critical Instagram comment: that KLM tried to make money off of everything. Collectors shared the souvenir online, but nobody I could find on the internet expressed the surprise and revulsion I felt.
My request to chat on the phone for further comments on why KLM included the Anne Frank House in their collection didn’t garner the response I expected. The representative responded via email that the house is historic and if I wanted to know more about it, I could just Google it. The subtext of my question — that it feels like a strange and possibly inappropriate choice to turn a solemn landmark into a cutesy flask — didn’t seem obvious to him.
So why did it feel so obvious to me?
For so many, Anne Frank is the symbol of how horrendous the Holocaust was. The fact that she is an innocent child exposes the depraved nature of the Nazis. Most Americans are first introduced to the Holocaust through the story of her confinement in that house in Amsterdam.
Even though it is not where Frank died (that was Bergen-Belsen, at the age of 16), it feels like the place where her fate was sealed. It is not just a landmark included in a famous book; it was her prison and the last stop on the way to her death. Although some may associate it with Frank’s enduring spirit of hope, filling it with alcohol still feels obscene.
Frank’s image has been co-opted over and over again. Two years ago, a Norwegian artist used an image of Frank in a keffiyeh to bring attention to children being killed in Gaza. More recently, Frank has become a symbol for anti-ICE protesters of the dangers of letting law enforcement target people based on their ethnic background. Then there’s the viral satirical comedy musical Slam Frank, which reimagines Anne Frank as a queer Latinx girl with a Black mom and gay, neurodivergent dad in order to poke fun at woke culture.The KLM house feels like a less charged appropriation of Anne Frank’s legacy; it’s not pushing any sort of political agenda.
The ceramic house is also part of a larger kitsch culture that blurs the fine line between commemoration and trivialization. So many tragedies have been commodified in this way that there’s a term for it: “dark tourism.” There are plenty of 9/11 related objects out there — a Twin Towers Christmas tree ornament, stuffed search and rescue dogs — that feel like they border on exploitation.
But what makes the KLM Anne Frank house stand out is its contents. To use a house of such suffering as the container for gin feels minimizing. (It is worth mentioning that a New York winery did at one point produce a 9/11 commemorative wine, although some of the proceeds were donated to the National September 11 Memorial and Museum.) Once the Anne Frank flask is emptied of its contents, it will just be a ceramic trinket that could help keep the memory of the landmark alive. Does the fact that it was originally made to carry alcohol negate that power?
I asked a similar question nearly one year ago in my very first Looking Forward column when I wrote about a recording of Nazi marching songs and speeches made by a Jewish producer. Since that piece was published, I haven’t found a satisfying answer to when memorialization becomes inappropriate, but I have become more comfortable acknowledging how complex this issue is.
This will be my last Looking Forward, as my last day as an employee of the Forward (at least for now, as I embark on a new pursuit) will be July 31. It feels fitting that my time with this newsletter will end similarly to the way in which it started: scratching my head about Holocaust kitsch. But having to grapple with such a topic in my writing is just another day at the Forward.
The post Why am I the only one troubled by an Anne Frank House shot glass? appeared first on The Forward.
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I gathered the data on Jewish fiction publishing. The trends are alarming.
(JTA) — In early 2023, I wrote a novel that was Jewish in every possible way. The lovers called each other “ahuvati” and “neshama sheli” — Hebrew for my love and my soul. There were scenes in Tel Aviv, family histories shaped by the Holocaust, a climax involving cancellation by left-wing antisemites, and an overall tone of aching sadness.
I was already a successful nonfiction author with two books that had sold more than 150,000 copies. I had a track record and a substantial online platform, And my new book garnered substantial interest. When I began querying fiction agents in early 2024, I received 20 requests for the full manuscript and four offers of representation in just six weeks.
But there were warning signs. One non-Jewish agent told me that my Jewish social media presence might make the book impossible to sell. “At least your characters aren’t Zionists,” she said. (My characters were obviously Zionists.) A Jewish agent gave me painful but pragmatic advice. She told me that I should probably remove all Jewish content in the book that didn’t directly drive the plot. Most painfully, she suggested that I change the name of a character named Yael. “It’s one of my favorite names,” she said. “But it’s Israeli.”
I signed with an agent who assured me that no such changes were necessary, and the novel went out to publishers.
It did not sell.
There are countless reasons a book may not be published. Taste is subjective. Editors carefully build their lists. Nobody is owed a book deal. And it remains entirely possible that my novel wasn’t as good as the agents thought it was.
But after I shared my experience online, Jewish writers began telling me stories that sounded unnervingly familiar. Authors whose expected book deals vanished. Writers whose agents could “no longer champion” their careers. Books that were bought for six figures before Oct. 7 but barely promoted afterward. Israeli agents with stacks of manuscripts that American publishers would not even consider.
For Jewish authors, perhaps the most visceral gut punch was a viral spreadsheet titled “Is your fav author a zionist???” It was a list of Jewish fiction authors, color-coded by how Zionist they were perceived to be, with a column detailing their purported transgression. The spreadsheet itself was eventually taken down, but the message sent to the industry was clear: If you work with Jewish authors, it will cost you.
Aware that even the staggering evidence I was amassing remained anecdotal, I wanted to find a way to track the impact of what was happening more empirically.
I turned to Publishers Marketplace, the leading industry database where many book deals are announced, and reviewed fiction deals for books by Jewish authors that publicly signaled Jewish or Israeli content. What I found was grim. Between 2023 and 2024, there was a 76% decline in fiction deal announcements to large presses that mentioned Jews, Judaism or Israel. The numbers improved somewhat in 2025, but they did not recover. Compared with 2023, announced sales of Jewish books were still down 47% at large presses.
And the early 2026 numbers are worse: Looking at what has been announced so far this year and annualizing the comparison, fiction deals mentioning Jewish content are down 82% at large presses compared with 2023.
Like all data sets, this one is imperfect. Not every book deal is announced on Publishers Marketplace, and not every announcement mentions Jewish content when a book contains it. It may be that agents and publishers are less willing than they once were to mention Jewish themes in deal announcements, despite the content of the books themselves.
But the data is the best we have for now. And if the problem is that Jewish content is something the industry feels that it needs to obscure when announcing deals, that is also a major problem.
Whatever the explanation, I found that there is no question that publicly announced fiction deals foregrounding Jewish themes dropped sharply after Oct. 7, and the decline appears to be worsening. This should alarm anyone who cares about Jewish literature, but also anyone who cares about the free exchange of ideas.
I am currently working with the Anti-Defamation League as it examines antisemitism in publishing. Part of my efforts have been to understand what’s happening on an individual level, because while data is important, it can only tell us so much.
As someone well connected in the Jewish literary scene, I reached out on social media to ask people across the industry to share their experiences. I expected a handful of messages. Instead, my inbox filled with accounts from published and unpublished authors, agents, editors, Big Five employees, audiobook performers and marketers. People from every part of the industry described specific patterns of exclusion around Jewish writers, Jewish stories and Israel-related material. These trends fit with what PEN America related at length last week in its report on Jewish and Israeli exclusion in publishing — a report that I believe held back from reckoning fairly and honestly with what Jewish authors are facing.
I had begun my investigation wondering whether my own novel simply wasn’t good enough. And the truth is, it may not be. But this isn’t about any one book. What we’re looking at is a broader pattern: Jewish stories have become professionally risky, while Israel-related material has become positively radioactive. Because of that, many institutions within publishing appear to be choosing silence over confrontation.
The stakes here are not simply professional disappointment for Jewish authors, or even the destruction of creative careers. For the Jewish community, the stakes are existential. If Jewish stories are not published, then part of the Jewish record goes missing.
As a people, text has been our portable homeland. We have used words to bind ourselves together, in argument and agreement, across generations. Sentences have tied Am Yisrael to Eretz Yisrael. Modern Zionism was argued into existence through pamphlets and speeches. Law, memory, argument, longing, testimony, jokes, recipes, grief, liturgy: we have always carried ourselves through history in words.
In the rabbinic telling of the Roman siege of Jerusalem, Rabban Yohanan ben Zakkai’s plea is: “Give me Yavneh and its sages.” He does not ask to save the temple or Jerusalem, but instead to save the Jewish people through the study of Torah. In the face of what could have been our obliteration, he helped usher in the era of Rabbinic Judaism by placing his faith in our texts.
In the Warsaw Ghetto, Emanuel Ringelblum and his fellow members of Oneg Shabbat secretly documented Jewish life under Nazi occupation. As the death vise of history tightened around them, they preserved Jewish testimony. And in 1949, just months after Israel’s War of Independence, S. Yizhar published “Khirbet Khizeh,” a novel documenting the moral complexity of 1948 in real time. He trusted his readers’ collective empathy and intellect, even while his new state was raw, precarious, traumatized and still fighting to understand herself.
Jews do not wait until history is finished with us. We write while the dust is still in our mouths.
But our stories don’t only serve as testimony to our pain. They are also about sex, food, family, money, mysticism, ambition, marriage, doubt, Israel, diaspora, bad decisions, holy arguments, vulgar jokes, longing, grief, pleasure, and survival. They are the record of people who are still here, still making art, still spinning stories in multiple languages.
It is true that many of our most lasting stories did not need a publishing house at all. But carrying those stories forward has always been collective work. If the institutions entrusted with publishing literature will not carry or promote Jewish stories, then Jews will have to build the institutions that will.
While I still hope to publish my own novel one day, this stopped being about my manuscript a long time ago. What matters now is reenvisioning Jewish publishing as an act of peoplehood — one that we must all roll up our sleeves to make happen.
This article originally appeared on JTA.org.
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