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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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Bret Stephens, a stalwart Israel defender, calls out ‘Jewish terrorists’ in West Bank
(JTA) — Bret Stephens, the Pulitzer Prize-winning New York Times columnist known as one of the paper’s most consistent defenders of Israel, used his Tuesday column to take direct aim at the country’s handling of settler violence in the West Bank — warning that unchecked attacks now pose a threat to Israel’s security and to Zionism itself.
Stephens, who has spent years pushing back on what he sees as double standards applied to Israel, wrote that he decided to speak out against what he called “Jewish terrorists” despite his reluctance to feed the volume of global condemnation facing Israel.
“That’s not only because the terrorism is a menace to Palestinian lives and property, or an affront to Jewish ethics, or a stain on Israel’s reputation — though it’s all those things,” he wrote. “It’s also a direct threat to Israel’s security and statehood, and thus to Zionism itself.”
Stephens’s column drew heavily on a public letter sent Sunday to President Trump by Matan Vilnai, a retired IDF deputy chief of staff, on behalf of Commanders for Israel’s Security, an organization representing hundreds of retired senior Israeli officers. The letter cautioned that Israeli security services have been effective against Palestinian terror groups but hamstrung when it comes to curbing Jewish extremists. The letter warned about the consequences of Israeli inaction in curbing attacks on Palestinians.
“Unless arrested swiftly and decisively, escalating violence in the West Bank is poised to ignite the region and carries severe ramifications for both Israeli security and U.S. regional interests,” wrote Vilnai.
Stephens pointed to last week’s rampage by extremist settlers through several Palestinian villages — attacks that reportedly included arson at a home and two mosques and an assault on a stonecutting factory — as evidence the problem has become routine rather than exceptional. He cited Israeli military figures showing nationalistic and settler-related crimes climbed to 867 incidents in 2025, up from 682 the year before.
Stephens also cited Eran Shamir-Borer of the Israel Democracy Institute, a former IDF legal official, who told him the government has specifically declined to place suspected Jewish settlers under administrative detention. The practice, imprisoning individuals without formal charges, is regularly deployed against suspected Palestinian terrorists.
The columnist dismissed Israeli Prime Minister Benjamin Netanyahu’s public framing of the violence as the work of roughly 150 “juvenile delinquents,” as he did in an interview with NBC earlier this month. Stephens argued that a government capable of eliminating a Hamas commander deep inside Iran cannot plausibly claim it’s unable to rein in a few hundred vigilantes.
Stephens is known, and widely admired within the pro-Israel community, for his robust defense of Israel, from refuting the charge of “genocide” directed at Israel to condemning what he has called the “hyperbolic and often conspiratorial hatred of the country.” Editor of the conservative Jewish thought journal Sapir, Stephens was also chosen to give the annual “State of World Jewry” address at the 92nd Street Y earlier this year.
“I think it is really important that people like Bret Stephens are speaking up about settler violence, and I think that it also shows how terrible that it’s become,” said Rabbi Jill Jacobs, CEO of T’ruah: The Rabbinic Call for Human Rights, in an interview with JTA. “Even people who are pretty, let’s say, hesitant or who almost never criticize Israeli policy are speaking up.”
But she also suggested that the issue goes beyond a failure to enforce the law or hold settlers accountable, and instead reflects the priorities of Netanyahu’s right-wing government.
“This is actually government policy because this is violence that is designed to take more and more of the West Bank,” said Jacobs. “There’s already been not just violence, but expulsions, shoving Palestinians to smaller and smaller areas and, ultimately, annexing the West Bank or at least as much of it as possible.”
Liberal Jewish groups like T’ruah, including Torat Zedek and Bnei Avraham in Israel and the U.S-based groups Smol Emuni, J Street and New Israel Fund, regularly condemn the settler violence and call on Israeli security forces to hold the perpetrators accountable. They also take part in “protective presence” visits to the West Bank in solidarity with Palestinians threatened by Jewish settlers.
The largest Jewish organizations have been less vocal on the topic, although the American Jewish Committee and the Union for Reform Judaism have issued statements condemning settler violence.
Right-leaning groups have either downplayed the extent of the violence or say Jews living in the West Bank have been provoked by neighboring Palestinians. On the same day that Stephens’s column appeared, the media watchdog group HonestReporting ran an article saying that the major news outlets disproportionately focus on settler violence, and run many fewer articles about Palestinian attacks on Jewish civilians. It also cited official Israeli data suggesting that violence by Jewish civilians in the West Bank had declined significantly since March.
Nevertheless, Stephens appeared to be echoing a growing sentiment even on the right that the settler violence is both wrong and a black eye for Israel at a time when its reputation is suffering around the world.
“I don’t think there are many supporters of Israel in the U.S. who are happy with how Israel has handled, or really mishandled, settler violence,” said David E. Bernstein, a professor at George Mason’s Antonin Scalia Law School and a frequent commentator on Jewish affairs, in an email exchange with JTA. “To me, it’s anti-Zionist to allow settlers to flout the law and public policy, whether by violence or by setting up illegal outposts, because Zionism means accepting the legitimacy of the Israeli state, and radical settlers who don’t are no different than extremist Haredim [Orthodox] in not doing so.”
Last week, Israel’s Channel 13 reported that the government had approved a plan in March to tackle violence by extremist settlers but kept the plan secret due “to political considerations.” The report didn’t say whether the plan has been implemented.
The post Bret Stephens, a stalwart Israel defender, calls out ‘Jewish terrorists’ in West Bank appeared first on The Forward.
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Netanyahu drags Mamdani into his reelection campaign as face of antisemitism
For nearly two years, Zohran Mamdani has made Israeli Prime Minister Benjamin Netanyahu a central political target. Now Netanyahu is making Mamdani part of his own reelection campaign.
The 50-second video released Wednesday on Netanyahu’s political social media channels builds on comments the Israeli leader made on Fox News this week, portraying Mamdani as the face of a worldwide surge of antisemitism directed at Israel. It intersperses footage of pro-Palestinian demonstrations and antisemitic incidents with recent clips of Mamdani condemning Israel’s conduct in the Gaza war after the mayor backed off a vow to have the Israeli prime minister arrested during an upcoming visit to New York. It also features Mamdani’s wife, artist Rama Duwaji, who liked social media posts that supported Palestinians immediately after the Oct. 7, 2023 attacks. (Mamdani said his wife is a private citizen and does not work in his administration.)
The clip ends: “No one will stop me from fighting for the truth of Israel.”
The video comes as Netanyahu faces one of the toughest reelection campaigns of his political career, trailing his rivals ahead of Israel’s Oct. 27 election, which could determine not only his political future, but also his legacy and potentially his freedom as he faces a corruption trial.
The fight with Mamdani has become politically useful for Netanyahu. His main rivals — former Israel Defense Forces chief Gadi Eisenkot and former Prime Minister Naftali Bennett — are seen as more moderate leaders who could rebuild strained ties with Democrats and win back support for Israel among Americans.
Joel Rubin, a Democratic commentator and foreign policy expert, said in an interview that turning Mamdani into a symbol of today’s Democratic Party gives Netanyahu a way to challenge one of his rivals’ central arguments that they are better positioned to course-correct the U.S. political shift against Israel. “For Netanyahu, it’s very important to try to portray the Democrats as Mamdani and make the argument that only he can stand up to that,” Rubin said.
Mamdani has positioned himself as a prominent progressive critic of Israel amid the war in Gaza, a position that helped propel his rise and which has become increasingly part of national Democratic Party politics.
Mamdani’s high-profile confrontation with Netanyahu escalated when he announced a review of whether he had the legal power to arrest the Israeli prime minister when he visits the city for the United Nations General Assembly in September. Experts on Israeli politics warned of an unintended consequence: would allowing Netanyahu to cast himself once again as Israel’s defender against international efforts to isolate the Jewish state.
“Many Israelis are sick of him and hope to vote him out,” Former U.S. Ambassador to Israel Dan Shapiro wrote on X on Saturday. “The only possible outcome of a fruitless attempt to arrest him in NYC would be to give him a political boost at home. That would be an own goal.”
Some political strategists argue that Mamdani and his allies have little reason to mind if Netanyahu remains in power. “I bet they’re rooting for Bibi, in a perverse way,” said Matt Bennett, co-founder and executive vice president of the centrist Democratic think tank Third Way, in an interview with the Forward discussing how Israel is reshaping Democratic politics.
While still serving as a New York state Assembly member, Mamdani zeroed in on the Israeli prime minister as an enemy, leading chants of “Netanyahu, you can’t hide, we charge you with genocide,” during a protest in Oct. 2023.
Throughout his mayoral campaign last year, Mamdani repeatedly injected Netanyahu into New York politics., Mamdani first pledged to arrest Netanyahu shortly after he launched his campaign. According to a report, members of Mamdani’s inner circle were pushing for him to make this arrest declaration. After his election, already knowing the city lacked the authority to arrest Netanyahu, Mamdani proceeded with the review. When it concluded he did not have the power to arrest Netanyahu, Mamdani used a mayoral address to declare him a war criminal and then encouraged New Yorkers to protest him on his UN visit. Critics say the episode was a calculated political move aimed at energizing the pro-Palestinian and progressive base that helped elect him.
“There is a core principle amongst the left in American politics that having someone to organize against is crucial to growing numbers and persuasion, and for Mamdani, having the foil of Netanyahu is an incredibly valuable tool for motivating support,” said Rubin, who led Jewish outreach for Bernie Sanders’ 2020 presidential campaign.
Whether that principle translates into votes for Netanyahu’s coalition in Israel’s Oct. 27 election remains to be seen. At the moment, Mamdani and Netanyahu have become unlikely political assets for each other, each giving the other a powerful opponent to campaign against.
The post Netanyahu drags Mamdani into his reelection campaign as face of antisemitism appeared first on The Forward.
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As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families
(JTA) — As Conservative/Masorti rabbis, we see firsthand the joy of couples building a life together in the Jewish community, and the pain of those who feel shut out because one of them is not Jewish.
We think of the community member, though not Jewish, who developed a profound love for davening (prayer) and Torah study, and has supported his children’s and grandchildren’s Jewish education and observance of mitzvot. We think of another community member who faithfully drove her four children to Hebrew school for years and, after her youngest child’s bat mitzvah, chose to convert to Judaism herself.
It is time for our halacha, or Jewish law, to address issues facing intermarried couples and families robustly.
The two of us had the honor of joining colleagues in co-authoring a teshuvah — a rabbinic response to questions of Jewish law — that does just that. The Rabbinical Assembly’s Committee on Jewish Law and Standards has approved a teshuvah that seeks to honor these couples and families and their commitment to Jewish life in our congregations and communities.
Since we are part of a movement that balances a commitment to halacha with the realities of modern life, our work is grounded in traditional Jewish texts, laws and principles while also reflecting the core belief that welcoming others and extending hospitality are essential Jewish values.
Based on halacha and Jewish tradition, the teshuvah affirms the longstanding standard of Conservative/Masorti rabbis that clergy may officiate only at weddings where both partners are Jewish. It emphasizes that while a wedding is a significant moment that often singularly drives these conversations, there are many other important life-cycle moments that rabbis can offer as occasions for Jewish celebration and reaffirmations of commitment to mitzvot.
Through this teshuvah, we formalize a public mishebeirakh (blessing) before or after the wedding day for a couple committed to building an exclusively Jewish home, as well as a hanukkat habayit ceremony to dedicate their home.
We welcome non-Jewish parents on the bimah during their children’s b’nei mitzvah and offer “mazal tov” and other basic gestures of inclusion to intermarried couples, both of which were once considered unacceptable. Our goal in doing so is to inspire the couple and family to grow in Jewish living.
We affirm that synagogues may not hire intermarried individuals as clergy but may hire intermarried individuals for other roles, and that rabbis may officiate at funerals for non-Jewish family members and support a Jewish mourning process when a non-Jewish loved one dies.
It’s been about 40 years since the Committee on Jewish Law and Standards, which sets halachic policy for our movement internationally, broadly addressed questions around intermarried couples and families. We have learned over time that those intermarried couples who choose to embrace Jewish life are integral to the fabric of Conservative/Masorti communities.
We invite these couples to engage meaningfully in Jewish practice at home and in community, and, if they are having children, to raise them as Jews. Sometimes they may even choose to convert to Judaism at some point.
We do so because, as rabbis, we enjoy the privilege of being invited into people’s lives, and our role is both pastoral and educational. As people figure out their own identities and relationships, our role is to help them integrate Jewish tradition. As couples turn toward each other and seek to integrate Judaism into their lives, we are here to help them chart a course and to bring Torah into the conversation and observance of mitzvot into their lives.
We aim to inspire the couple to grow in Jewish living, observing mitzvot, studying Torah and searching for God in daily life. To do so, we must create gateways so everyone can find a place to learn and find joy and inspiration in our traditions, within the boundaries of halachic standards and principles.
Many of the practices in the teshuvah are already in place in some communities. Some offer solutions that speak most directly to realities in North America, and we call on local rabbis to interpret them in light of the circumstances in their local communities.
In the days of the Mishnah and the Talmud, when faced with new and challenging circumstances, our rabbis found creative and often beautiful solutions to embody the Torah as they understood it. As we follow in their footsteps, we use the wisdom we have inherited to both uphold and transform those values and honor the halachic principles that are central to our rabbinates and communities.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
The post As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families appeared first on The Forward.
