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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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A border official mocked an attorney for observing Shabbat. Orthodox lawyers say the issue is not new.
Gregory Bovino, the Border Patrol official who led immigration raids in Minneapolis, reportedly mocked the Jewish faith of Minnesota’s U.S. attorney during a phone call with other prosecutors in mid-January. According to The New York Times, Bovino complained that Daniel Rosen, an Orthodox Jew, was hard to reach over the weekend because he observes Shabbat and sarcastically pointed out that Orthodox Jewish criminals don’t take the weekends off.
The call took place at a moment of extreme tension in Minneapolis, as federal agents under Bovino’s command carried out an aggressive immigration crackdown that had already turned deadly. It came between the fatal shootings of Renée Good and Alex Pretti, both killed during enforcement operations, and amid fierce backlash from local officials and residents.
Bovino made the remarks in a derisive, mocking tone, the Times reported, casting Shabbat observance as a point of ridicule. Bovino had already drawn national attention for frequently wearing an olive double-breasted greatcoat with World War II-era styling, leading some critics to call him “Gestapo Greg” and accusing him of “Nazi cosplay.” Bovino, who pushed back on those comparisons, has since been reassigned.
Rosen, a Trump nominee, was confirmed as Minnesota’s U.S. attorney in October 2025 after a career in private practice and Jewish communal leadership. He has said that rising antisemitism helped motivate his decision to take the job, and that prosecuting hate crimes would be a priority for his office.
For many Orthodox Jewish lawyers, Bovino’s alleged remarks were not surprising. They echoed a familiar challenge: explaining that Shabbat — a full day offline — is not a lack of commitment, but a religious boundary that cannot be bent without being broken.
In a profession that prizes constant availability, that boundary can carry consequences. Some lawyers say it shows up in subtle ways: raised eyebrows, jokes about being unreachable, skepticism when they ask for time off. Others say it has shaped much bigger decisions, including how visibly Jewish they allow themselves to be at work.
David Schoen, an Orthodox criminal defense attorney who served as lead counsel for President Donald Trump during his second impeachment trial, said he has long been mindful of how religious observance is perceived in the courtroom.
“I have made a conscious decision not to wear my yarmulke in front of a jury,” Schoen said, explaining that jurors often “draw stereotypes from what they see.”
Those concerns were reinforced by experience. Schoen said he has noticed a “definite difference in attitude” from some judges depending on whether he wore a yarmulke. In one case, he recalled, a Jewish judge pulled him aside during a jury trial and told him she thought he had made the right choice — a comment Schoen said he found disappointing.
For Sara Shulevitz, a criminal defense attorney and former prosecutor, the Bovino episode brought back memories from early in her career.
Orthodox and the daughter of a Hasidic rabbi — now married to one — Shulevitz said her unavailability on Jewish holidays was often treated as a professional flaw rather than a religious obligation. “It held me back from getting promotions,” she said.
In court, the scrutiny could be blunt. “I was mocked by a Jewish judge for celebrating ‘antiquated’ Jewish holidays,” she said, recalling requests for continuances for Shemini Atzeret and Simchat Torah. In another case, she said, a judge questioned her request for time off for Shavuot and suggested she had already “taken off for Passover.”
When another judge assumed Passover always began on the same day in April, “I had to explain the Jewish lunar calendar in the middle of court while everyone was laughing,” she said.
Not every encounter, Shulevitz added, was rooted in hostility. Sometimes judges simply didn’t understand Orthodox practice. When she explained she couldn’t appear on a Jewish holiday, judges would suggest she join the hearing by Zoom — forcing her to explain that Orthodox Jews don’t use electrical devices on Shabbat or festivals.
The misunderstanding often slid into a familiar assumption. “They think you’re lazy,” she said. “It’s not laziness. Any Jewish woman knows how much work goes into preparing for Passover.”
Rabbi Michael Broyde, a law professor at Emory University who studies religious accommodation, said that Bovino’s alleged “derogatory remarks” are “sad and reflects, I worry, the antisemitic times we seem to be living in.”
He added that the criticism of Rosen reflected a basic misunderstanding of how law offices operate, calling it “extremely rare” for a lawyer’s religious practices to interfere with their obligations, especially when senior attorneys delegate work and courts routinely grant continuances.
“No one works 24/7,” Broyde said.
The episode echoed a similar Shabbat-related incident during Trump’s first term. In his 2022 memoir, former Trump trade adviser Peter Navarro described how a group sought to undermine Trump son-in-law Jared Kushner’s role in the 2020 campaign by scheduling a key White House meeting with Trump on a Saturday, knowing Kushner — who is Shabbat observant — would not attend. Navarro titled the chapter recounting the episode, “Shabbat Shalom and Sayonara.”
The tension between Jewish observance and public life is not new. Senator Joe Lieberman, the first observant Jew to run on a major-party presidential ticket, famously walked to the Capitol for a Saturday vote and ate fish instead of meat at receptions. His longtime Senate colleague Chris Dodd joked that he became Lieberman’s “Shabbos goy.”
Still, Schoen said, visibility can cut both ways. During Trump’s impeachment trial, while speaking on the Senate floor, he reached for a bottle of water and instinctively paused. With one hand holding the bottle, he used the other to cover his head — a makeshift yarmulke — before drinking.
The moment was brief, but it did not go unnoticed. In the days that followed, Schoen said he heard from young Jewish men and businesspeople who told him that seeing the gesture made them feel more comfortable wearing their own yarmulkes at work.
The attention, he said, was unexpected. But for some in the Orthodox community, it became a source of pride.
“I felt honored,” Schoen said.
My guess in all seriousness is that he normally wears a yarmulke and this was reflex. Schoen is modern Orthodox so that would make sense. But I defer to @jacobkornbluh https://t.co/MkKx6W03v2
— Jake Tapper 🦅 (@jaketapper) February 9, 2021
Jacob Kornbluh contributed additional reporting.
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Deni Avdija becomes first Israeli to be selected as an NBA All-Star
(JTA) — Portland Trail Blazers star Deni Avdija’s meteoric rise has officially reached a new stratosphere, as the 25-year-old forward has become the NBA’s first-ever Israeli All-Star.
Avdija was named an All-Star reserve for the Western Conference on Sunday, an expected but deserved nod after the northern Israel native finished seventh in All-Star voting with over 2.2 million votes, ahead of NBA legends LeBron James and Kevin Durant. Avdija’s breakout performance this season has earned him repeated praise from James and others across the league.
Avdija’s star turn began last year in his first season with Portland, when he further captured the adoration of Jewish fans across Israel and the U.S. But he took another step forward this season, averaging 25.8 points, 6.8 assists and 7.2 rebounds per game. His points and assists clips are by far the best of his career, and rank 13th and 12th in the NBA, respectively. He’s considered a front-runner for the league’s Most Improved Player award.
For close observers of Israeli basketball, Avdija’s All-Star selection is the culmination of a promising career that began as a teenage star with Maccabi Tel Aviv and made him the first Israeli chosen in the top 10 in an NBA draft.
“Deni Avdija being named an NBA All-Star reserve is an unbelievable achievement in the mind of every Israeli basketball fan,” Moshe Halickman, who covers basketball for the popular Sports Rabbi website, wrote in an essay for the Jewish Telegraphic Agency. “This is a dream come true for many — a dream that became realistic and even a must-happen during his breakout season — but something that in his first five seasons in the NBA never came across as something that was going to be real.”
Halickman, who has covered Avdija in Washington, D.C., and in Israel, wrote that Avdija is not only considered the greatest Israeli hooper of all time, but perhaps the best athlete to come out of Israel, period.
Oded Shalom, who coached Avdija on Maccabi Tel Aviv’s Under-15 and Under-16 teams, echoed that sentiment in a recent profile of Avdija in The Athletic.
“Even though he is only 25, I think he is Israel’s most successful athlete in history,’’ Shalom said. “We’ve had some great gymnasts — and I hope everyone forgives me for saying it, because we’ve had some great athletes — but I think Deni has become the greatest.”
Avdija’s ascension has also come against the backdrop of the Gaza war and a reported global rise in antisemitism, which he has said affects him personally.
“I’m an athlete. I don’t really get into politics, because it’s not my job,” Avdija told The Athletic. “I obviously stand for my country, because that’s where I’m from. It’s frustrating to see all the hate. Like, I have a good game or get All-Star votes, and all the comments are people connecting me to politics. Like, why can’t I just be a good basketball player? Why does it matter if I’m from Israel, or wherever in the world, or what my race is? Just respect me as a basketball player.”
Now, Avdija’s talents will be on display at the NBA All-Star Game, on Sunday, Feb. 15, in Los Angeles.
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Democratic leader says GOP-led Congress boosted ICE funding while Jewish security is underfunded
House Democratic Leader Hakeem Jeffries used a Jewish gathering in New York on Sunday to spotlight what he described as an imbalance in federal priorities, building on outrage over the Trump administration’s violent crackdown in Minneapolis that resulted in two fatal shootings.
Jeffries criticized the Republican-controlled Congress for boosting immigration enforcement funding by billions while, he said, security funding for Jewish institutions continues to lag amid rising antisemitic threats. He said that in the One Big Beautiful Bill Act, which passed last July and included cuts to Medicaid, the Department of Homeland Security received an additional $191 billion, including $75 billion for ICE.
“If that can happen, then the least that we can do is ensure that this vital security grant program is funded by hundreds of millions of dollars more to keep the Jewish community and every other community safe,” Jeffries said.
The Nonprofit Security Grant Program, established by Congress in 2005 and administered by FEMA under the Department of Homeland Security, provides funding to nonprofits, including houses of worship, to strengthen security against potential attacks. Congress began significantly increasing funding in 2018 after a wave of synagogue attacks nationwide, bringing the program to $270 million today.
Major Jewish organizations are pushing to raise funding to $500 million amid rising antisemitic threats. Last year, the Trump administration briefly froze the program as part of broader agency cuts, and some groups have been reluctant to apply because applicants must affirm cooperation with federal immigration enforcement.
Jeffries said House Democrats strongly support an increase to $500 million annually to meet escalating security needs. “It’s got to be an American issue, because that is what combating antisemitism should be all about,” he said.
The breakfast, previously held at the offices of the UJA-Federation of New York, was held this year for the first time in the events hall at Park East Synagogue, which was the site of a pro-Palestinian protest last year that featured antisemitic slogans and posters.
Sunday’s program also included remarks from Senate Minority Leader Chuck Schumer, who told the audience that his support for Jewish security funding will only continue growing under his leadership, calling it his “baby.”
“As long as I’m in the Senate, this program will continue to grow from strength to strength, and we won’t let anyone attack it or undo it,” Schumer said.
Rep. Jerry Nadler, the co-chair of the Congressional Jewish Caucus who is retiring at the end of the year after 36 years in the House, also spoke at the event. Nadler, like several other Democrats in recent months, compared the actions of ICE agents to the Gestapo, Nazi Germany’s secret police. The comparison has drawn sharp criticism from Democrats, Republicans and Jewish leaders.
Support for Israel aid
Both Schumer and Jeffries vowed in their remarks to continue supporting U.S. military assistance to Israel, amid increasing calls within the party for sharper opposition to Israel. Polls show that Democratic voters are increasingly sympathetic to Palestinians. In July, a record 27 Senate Democrats, a majority of the caucus, supported a pair of resolutions calling for the blocking of weapons transfers to Israel.
“I think it’s the humane thing to do to ensure that Israel has a right to exist as a Jewish and democratic state and eternal homeland for the Jewish people,” Jeffries said. The House Minority Leader, who has cultivated close ties with Jewish leaders since his election in 2012, noted that he has visited Israel nine times. He recalled that on his recent trip, Israel’s ambassador to the U.S., Yechiel Leiter, joked that it might be time for Democrats to buy property in Jerusalem.
Schumer, the nation’s highest-ranking Jewish elected official, has seen his popularity decline and has faced calls to step down from his role as leader. On Sunday, he pledged that he “will always fight to give Israel what it needs to protect itself from the many who want to wipe Israel off the face of the map.”
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