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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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Sally Rooney’s publisher stops selling her books in Britain, citing ban on pro-Palestinian group she backs
(JTA) — Sally Rooney’s publisher says it will stop supplying her books in the United Kingdom because current legislation prevents it from passing her earnings on to her.
The best-selling Irish writer, whose work includes the novel “Normal People,” which was adapted into a hit BBC drama, has long been a vocal supporter of the Palestinian cause.
Faber said it would no longer supply her books in the United Kingdom because of her backing for Palestine Action, a group that the British government last year proscribed as a terrorist organization, saying it had “orchestrated a nationwide campaign of direct criminal action against businesses and institutions.”
“Current legislation in the UK has led to circumstances where Faber cannot pass on UK earnings to Sally Rooney for her work,” the publisher said.
“To sell a writer’s work and not be able to pass on earnings is an unconscionable situation for a publisher,” it said. “As such, and in full agreement with Sally, we have taken the decision that we can no longer supply her works in the UK in any format. We remain the proud publisher of her remarkable body of work, which we will continue to sell in other territories.”
Faber had no further comment, the statement said.
Yvette Cooper, then the Home Secretary, banned Palestine Action last year following an attack by the group on the Royal Air Force base at Brize Norton which caused millions of pounds of damage. It had previously targeted businesses and premises which it said were linked to Israeli defence companies.
Soon after the announcement, Rooney wrote an opinion piece in the Irish Times in which she doubled down on her support for Palestine Action, adding that she would give the proceeds of her books to back the group. “If this makes me a ‘supporter of terror’ under British law, so be it,” she wrote.
In a statement following the action announced by Faber, Rooney cited her Irish Times opinion piece as she explained that the publication of her books “could now constitute a serious criminal offence.”
The ban of Palestine Action has proven to be highly contentious in Britain. Back in February, the group’s co-founder Huda Ammori challenged the move in the High Court, with Rooney providing a supportive witness statement. She said at the time that she was “almost certain” her work would be dropped in Britain if the ban persisted.
The court ruled in Ammori’s favor, but that decision was overturned by the Court of Appeal in June. The Supreme Court is due to hear an appeal next month.
Rooney said on Wednesday: “After a process of consultation and deliberation, and with my full agreement, my publisher Faber has therefore determined that it can no longer supply my work within the UK.
“I have made every effort to be honest with the public about my beliefs and intentions, and I am wholly prepared to accept the consequences.”
Rooney’s support for the Palestinian cause predates the attack by Hamas on Oct. 7, 2023, and the subsequent war in Gaza. In 2021 she declined to sell Hebrew translation rights for her novel “Beautiful World, Where Are You?” to the Israeli publisher that had previously released her books in Hebrew.
At the time, she said she supported the BDS movement and would not work with an Israeli publisher unless it is willing to “publicly distance itself from apartheid and support the U.N.-stipulated rights of the Palestinian people.”
That move prompted backlash in Israel and beyond, including calls to boycott Rooney’s work. Israeli bookstore chains reportedly removed some of her books from shelves.
However, earlier this year she agreed to have her latest novel, “Intermezzo,” published by an Israeli publisher approved by boycott activists.
This article originally appeared on JTA.org.
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Trump cheered in video address to Michigan synagogue
(JTA) — SOUTHFIELD, Mich. – President Donald Trump addressed a Michigan synagogue by video Wednesday evening as part of an event orchestrated by Leo Terrell, chair of the administration’s task force for combating antisemitism, and the Zionist Organization of America.
Trump’s greeting, which was prerecorded, was met with applause from the estimated 500 Jews who had come to Congregation Shaarey Zedek in the Detroit suburbs amid a pivotal Senate election in the state that has prompted deep anxieties among its Jewish population.
The president told the crowd that Terrell “speaks for our country” and “speaks for a lot of people, a lot of people that love Israel but really, more than anything else, they don’t want to see false and inaccurate statements made about this horrible subject of antisemitism.”
The event was billed as the first stop on Terrell’s “American Tour Against Hate” and was staged by the U.S. Justice Department, while also serving as a fundraiser and booster for ZOA. Attendees were handed donation forms for ZOA’s Michigan chapter. The organization’s national director, Mort Klein, is close with Terrell and said he intends to participate in all future stops on the tour.
Several other Trump officials, including Terrell and U.S. Attorney General Todd Blanche, would address the crowd over the course of the night to emphasize the administration’s efforts to combat antisemitism.
(L-r) Leo Terrell, chair of the Trump administration’s Task Force to Combat Antisemitism, with U.S. Department of Labor official Kenneth Wolfe at an event to combat antisemitism at Congregation Shaarey Zedek in Southfield, Michigan, on Oct. 14, 2026. (Andrew Lapin/JTA)
Kobi Erez, director of ZOA’s Michigan chapter, told the Jewish Telegraphic Agency after the event that the evening was designed to be “nonpartisan.”
“It’s a tour against hate, and we can’t choose one side,” Erez said. “We have to fight antisemitism and hate for all.”
He argued that the event was not a ZOA fundraiser in his view, saying that it was free to attend and that the organization was asking for donations mainly to cover security costs.
He also said that the organization had been in touch with the head rabbi of Shaarey Zedek, Aaron Star, to address any concerns about the nature of the event so close to Election Day. “We had to promise Rabbi Starr that we were going to make a disclaimer that Shaarey Zedek doesn’t necessarily represent all the views of the speakers.”
Terrell did make that disclaimer, midway through the two-hour event.
Starr told JTA that there had been a back-and-forth with ZOA over the Trump video due to “a string of miscommunications and some last minute changes over the course of the day.”
Polls have shown that a majority of Jews nationwide have opposed Trump and his policies since his entry on the political scene. Yet recent fears about growing antisemitism and anti-Israel sentiment on the left have also alienated many Jews from the Democratic Party.
Some Michigan Jews are preparing to vote for a Republican for the first time over their objections to the Democratic Senate candidate, Abdul El-Sayed, a harsh critic of Israel whose prior remarks on Jewish safety have also upset many in the community.
El-Sayed’s name was not uttered from the stage Wednesday, but the Trump officials on hand took many opportunities to praise their boss’s work on Jewish issues.
“This administration, unlike any other administration, is committed 24/7 to fighting antisemitism,” Terrell told the crowd.
An estimated 500 Michigan Jews applaud Trump administration officials during an event held to address antisemitism at Congregation Shaarey Zedek in Southfield, Michigan, Oct. 14, 2026. (Andrew Lapin/JTA)
The Conservative synagogue was billed online as a “co-sponsor” of the event along with Frankel Jewish Academy, a local Jewish day school. But Starr told JTA, “It wasn’t our event.”
Midway through the program, Terrell stated that Shaarey Zedek “is not sponsoring this event,” adding, “The words of the speakers, mine and others, are theirs alone and are not a representation of this great religious institution.”
Terrell stated that DOJ and ZOA were the sponsors — itself an unusual arrangement between a federal agency and an activist group. Klein told JTA following the event that Terrell had contacted his organization to help organize the tour, and that ZOA “really did all the work.”
U.S. Attorney General Todd Blanche, who has been criticized for appearing at campaign events and who recently penned a memo loosening restrictions on political activism for senior federal officials, also addressed the crowd in a prerecorded video.
“In recent years, we have seen a disturbing rise in antisemitic rhetoric and acts of hatred against fellow citizens,” Blanche said. “Hate has no place in America, and this Department of Justice remains committed to confronting it wherever it appears.”
Initially billed as a conversation between Terrell and Klein, the event functioned more as an informational session for Jews to learn how their government is responding to antisemitism.
Flyers from the FBI instructed attendees on how to respond to various categories of threat. A roundtable of local and federal law enforcement officials, led by the FBI Detroit office field director who had responded to the terror attack on Temple Israel in the state in March, sought to assure the Jews in attendance that they had their backs.
Terrell also unveiled a just-launched “American Tour Against Hate” app that, he said, would enable its users to take a pledge to fight antisemitism and “report” antisemitic incidents. It wasn’t immediately clear where the reports would be filed to. The Combat Antisemitism Movement, another activist group, was credited for the app on its download page.
Trump administration official Leo Terrell addresses Congregation Shaarey Zedek in Southfield, Michigan, on the first stop of his “American Tour Against Hate,” Oct. 14, 2026. (Andrew Lapin/JTA)
Still, politics seeped in, and much of the crowd seemed happy about it. Klein attacked another anti-Zionist politician, New York City mayor Zohran Mamdani, by name in his remarks. He also drew enthusiastic cheers for calling to “fight the open-border policies that we had in the past, which allows unvetted people from countries whose governments and populations overwhelmingly hate Jews.”
Other Jewish speakers alluded to El-Sayed — particularly his initial reaction to the Temple Israel attack, which many Jews believed was equating the attack with Israel’s war in Lebanon. The candidate has since apologized for his initial remarks.
“No conflict overseas can ever justify trying to murder innocent people here at home, and no political candidate should ever excuse terror and hate,” Erez told the crowd.
Later, during an interfaith roundtable, Rabbi Shneur Silberberg of the Bais Chabad Torah Center in West Bloomfield leveled a more direct accusation.
“If you respond differently to a terror attack against a group of Jewish schoolchildren, and your response is any different than it would be to any other group of children, then that’s antisemitism,” Silberberg told the crowd.
During the program, Terrell inveighed against antisemitism with a showman’s flair, often to the delight of the audience, some of whom shouted his name. “News flash: I’m not Jewish. Who cares?” Terrell asked the crowd early on, to laughter and applause. He donned a red hat in the style of Trump’s “Make America Great Again” merchandise, with the lettering instead spelling, “American Tour Against Hate.”
He went after college campuses and K-12 teachers he said were “indoctrinated,” and repeatedly denounced what he called “the Jewish tax,” which he defined as the high security costs the community bears in order to safeguard its houses of worship and other institutions.
Flyers from the Federal Bureau of Investigation laid out on a table during the “American Tour Against Hate,” an event staged by the Trump administration at Congregation Shaarey Zedek in Southfield, Michigan, Oct. 14, 2026. (Andrew Lapin/JTA)
“For you to enjoy your right to walk down the street, to enjoy your synagogue, to go to a Jewish community center, to have your kids walk through their school, you have to pay extra security, millions of dollars,” Terrell said. “That’s going to stop.”
Terrell and Klein plan to meet with the head of Detroit’s Jewish federation as well as with rabbis at Temple Israel during their stay in town, Klein told JTA.
Erez said that Terrell’s visit to Michigan also included meetings with the mother of a Temple Israel preschooler who had been in the building during the March attack, as well as with Jewish college students who had experienced antisemitism. Terrell also met with leaders of Frankel Jewish Academy, one of the event’s co-sponsors, as well as the local Jewish Community Center, he said.
A longtime supporter of Trump, Klein said he believed the event demonstrated that more Jews were warming to the president as concerns about antisemitism have grown.
“I think more Jews certainly are more supportive of Trump than they were before, because they see what he’s done,” he said.
Sharon Matlen, a resident of nearby Farmington Hills who grew up in Skokie, Illinois, during the infamous neo-Nazi march of the 1970s, told JTA she had come to the event because “I’m very interested in antisemitism.”
“I really got a lot out of it,” Matlen said, of the talk. She spoke highly of Terrell: “I think he has our back. I’m glad that he’s there for us.”
Of El-Sayed, she said, “I pray he does not get in.”
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I’m an empathetic Zionist. But it’s time for all of us to stop counting our dead.
There are, and always have been, several types of Zionism, as Rabbi Angela Buchdahl’s Yom Kippur sermon reminded me. I first had to declare the type of Zionist I am in 1994 at a meeting at the Leo Baeck Temple in Los Angeles that brought together Arabs and Jews to create a speakers’ bureau that would advocate for Middle East peace at synagogues, churches and mosques in southern California.
Approximately 20 people gathered in a small room and a moderator asked each of us to speak briefly about what brought us to the meeting. One by one as the people in the room spoke, they listed the atrocities both Jews and Palestinian Arabs had suffered, including the Holocaust, the Nakhba, the mutual massacres that had taken place in British Palestine before 1948, the suicide bombings and the destruction of Palestinian homes. When it was my turn to speak, I began, “I am a Zionist.”
My Zionism was anchored in 20 years of conducting archaeological excavations in Israel, and a 1986 trip to the Soviet Union to help Jews emigrate to Israel, during which I was arrested three times by the KGB. I was an American, but an active Zionist.
I continued, “But it is time for all of us to stop counting our dead. Jews and Arabs both have enough suffering to go around. We don’t need to justify ourselves to each other by enumerating the terrible losses we have experienced. Let’s focus our attention on understanding and making peace with one another.”
My words had an impact. We moved forward to plan the bureau. I was paired with a leader of the Palestinian community in LA who looked like he could be my older brother. We spoke at universities, synagogues and churches for two years, at a time when the promise of peace was bolstered by the Oslo Accords. But when Benjamin Netanyahu was elected Prime Minister in 1996, I felt I was no longer speaking about an Israeli government that shared my aspirations, and that phase of my life ended.
Today, in the post Oct. 7 world, I feel like I am sitting in that same meeting room, only it encompasses way more than 20 people. Often, when I hear or read about the present Palestinian-Israeli conflict, I hear about the 1,200 people killed on Oct. 7, and the tens of thousands killed thereafter. The death of every child is tallied and the sufferings of every hostage recalled. We can do better.
I am an empathetic Zionist. I support the Jewish state of Israel, and I also feel empathy for its victims. My definition of empathy bridges radical differences between individuals and forces a person to look through another person’s eyes. Sympathy allows one to feel the pain of someone closely related; empathy allows one to understand a thoroughly different person. As a Jew, I sympathize with the Oct. 7 victims, the hostages and their families; but I also empathize with the Palestinians who have suffered and died in the aftermath of the Oct. 7 Hamas attack.
I believe today, as I did in 1994, that the first step toward empathy is a cease fire, not only on the battlefield, but on the frontlines of the constant bickering about who has suffered more. After almost 100 years, the time has come to empathize with the victims instead of counting them.
And we should begin with the children. A child’s suffering can change minds, whether the trauma is witnessed firsthand or through a photograph or a written description. Who in my generation can forget the 1972 picture of the Vietnamese “napalm girl,” nine-year-old Phan Thi Kim Phuc running naked and screaming after a South Vietnamese napalm attack on her village severely burned her back? The Pulitzer Prize-winning photo influenced public opinion and the anti-war movement. As Anne Frank had triggered worldwide empathy for Holocaust victims, Kim Phuc made the Vietnam war seem insupportable.
Who today are the children who can teach us about Gaza? I would choose three: Ariel and Kfir Bibas, four years old and nine months old respectively, and five-year-old Hind Rajab.
Kfir and Ariel Bibas were kidnapped along with their mother Shiri from Kibbutz Nir Oz on Oct. 7 and murdered in captivity; their bodies were returned to Israel on February 20, 2025.
Hind Rajab was five years old when she and her uncle, aunt and three cousins left Gaza City by car. Israeli shelling killed all in the car except Hind and her cousin, 15-year-old Layan Hamadeh. Layan telephoned the Palestine Red Crescent Society and was heard pleading for help and screaming as she was shot. Hind, still alive, stayed on the telephone for three hours. She died from IDF gunfire, and when the Red Crescent workers finally arrived, they too were killed.
Who are the adults today who can teach us to empathize with those children? I would choose two: Noam Chayut and Aziz Abu Sarah.
Noam Chayut was an Israeli soldier patrolling the West Bank. In his memoir, The Girl Who Stole my Holocaust: A Memoir, written in 2007, he describes an encounter with a 10-year-old “scrawny” Palestinian girl wearing “light colored clothes.” On the outskirts of a village there were children playing, she among them. With no particular intent, Noam approached and smiled at her, but she did not smile back. She was terrified, frozen for a second, which allowed Noam to look into her eyes. Then she ran away. But what he saw in her eyes was himself. He saw the soldier, the occupier and he saw someone else, someone evil. He did not see himself as evil, but she did. He empathized with her terror, and it changed his life.
As a young Palestinian man, in 1998, Aziz Abu Sarah visited Yad VaShem with trepidation. He felt if he “empathized with the enemy it would be a betrayal of his own pain,” he wrote in The Future is Peace. But he went anyway, and after he arrived at the underground chamber memorializing the death of one and a half million Jewish children he “walked out of the museum a different person.”
Both Noam and Aziz looked at children they were taught to regard as enemies. And the adversaries who populated their world became human. It is imperative that the deaths of Hind Rajab, Ariel and Kfir Bibas teach us about the trauma of our perceived foes. If we cannot empathize with them and their families, I doubt that Israelis and Palestinians can come to any understanding.
I recognize the very problematic long term political and structural problems inherent in the Israeli-Palestinian conflict. But how will we ever learn how the other side thinks and feels if we do not try to understand each other’s pain? Seeking mutual empathy can be the beginning of a path to a new and peaceful community.
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