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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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Majority of House Democrats vote to defeat Lebanon war powers measure
(JTA) — A House resolution aimed at preventing U.S. involvement in hostilities in Lebanon failed Thursday.
Rep. Rashida Tlaib, a Michigan Democrat and fierce critic of Israel, forced a vote on the House floor Thursday. It was defeated 324 to 92, with 91 Democrats voting in favor. The sole Republican vote came from Kentucky Rep. Thomas Massie, who will be departing Congress next year after losing his primary.
The resolution, which would have ordered President Donald Trump to remove U.S. troops from Lebanon within seven days, was defeated after Democratic Party leaders noted in a joint statement that there are “no U.S. servicemembers involved in combat operations or hostilities in Lebanon.”
The statement issued by House Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark and Caucus Chair Pete Aguilar continued: “We stand with the Lebanese people, the government of Lebanon and the Lebanese Armed Forces in their efforts to live peacefully and defeat Hezbollah, a violent terrorist organization that is a sworn enemy of the United States.”
Jewish Democratic Reps. Jerrold Nadler and Dan Goldman of New York also voted “no” on the resolution, writing in a joint press release that their opposition “should not be taken as an approval of Prime Minister Netanyahu’s prosecution of Israel’s military action in Lebanon.”
“To the extent that American armed forces are present in Lebanon, it is to support the current Lebanese government, which deserves our assistance,” the statement continued.
But Tlaib defended her resolution in a post on X Thursday ahead of the vote. “The people of Lebanon can’t wait another month for Congress to act,” Tlaib wrote. “Every day that we do nothing, 11 more Lebanese children are killed or injured by the Israeli military in this U.S.-supported invasion. Congress must pass today’s Lebanon War Powers Resolution.”
Tlaib was citing a UNICEF report of data from Lebanon’s Ministry of Public Health last month that found 77 children in Lebanon had been killed over the course of a week as Israeli strikes continued to pummel the country.
Some of those who opposed Tlaib’s resolution, including Nadler and Goldman, said they would vote for an alternative version of the resolution that would preserve cooperation with the Lebanese Armed Forces in their fight against Hezbollah.
The defeat of the resolution came the same day that Hezbollah rejected the latest ceasefire agreement brokered between Israel and Lebanon, as fighting between the Iranian proxy and Israel has intensified in recent weeks.
On Wednesday, the House narrowly passed a resolution for the first time that would limit President Donald Trump’s power to continue the war in Iran. While the development was largely symbolic, it marked a rebuke of the president’s increasingly unpopular strategy in Iran.
On Friday, 85 members of Congress also signed onto a letter to Secretary of State Marco Rubio calling on the Trump administration to “use every available diplomatic tool to halt imminent settlement construction in the E-1 area of the West Bank,” a corridor east of Jerusalem.
Citing Israeli Finance Minister Bezalel Smotrich’s orders to demolish a Palestinian Bedouin village in the West Bank last month, the letter, which was led by Democratic Reps. Mark Pocan and Jan Schakowsky, who is Jewish, argued that the issue of settlements in the area had reached a “critical and final inflection point.”
“The window for meaningful diplomatic intervention is closing rapidly, and we believe it is not too late for the United States to act,” read the letter, which was also signed by Nadler and Jewish Tennessee Rep. Steve Cohen.
This article originally appeared on JTA.org.
The post Majority of House Democrats vote to defeat Lebanon war powers measure appeared first on The Forward.
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After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset
(JTA) — Less than an hour after Slovenia’s newly elected prime minister, Janez Janša, was sworn into office by the country’s parliament, he had the Palestinian flag lowered from a government building.
The move marked the first step in a sharp reorientation of Slovenia’s posture towards Israel under Janša. The right-leaning prime minister, who previously held office in 2022, replaced a prime minister for the liberal Freedom Movement party.
Israeli Foreign Minister Gideon Saar announced on Thursday that Israel would open its first-ever embassy in Ljubljana, Slovenia’s capital, writing in a post on X that the move was a statement of “friendship, dialogue, and a shared belief in freedom, democracy, and security.”
“The election of Prime Minister @JJansaSDS marks a new chapter in relations between Israel and Slovenia,” Saar wrote. “After years of the hostility of the previous government- we now have an opportunity to rebuild, strengthen, and deepen a real partnership.”
Saar wrote in another post on X that he had spoken with Tone Kajzer, who was appointed as Slovenia’s minister of foreign affairs under the new administration, and that he had “pledged all the assistance necessary” to ensure the “swift establishment” of the embassy.
Janša replied to Saar’s post Thursday, writing, “Welcome to Ljubljana. 🇸🇮🇮🇱Looking forward to a new era in Slovenia-Israel relations.”
Under Slovenia’s outgoing prime minister, Robert Golob, the country voted to recognize a Palestinian state in June 2024 and became one of the few European Union countries to label Israel’s war in Gaza a “genocide,” a charge Israel firmly rejects. It was one of five nations to boycott the Eurovision song contest this year over Israel’s participation.
Last year, Slovenia also became the first EU country to impose a travel ban on Israeli Prime Minister Benjamin Netanyahu, as well as far-right ministers Itamar Ben Gvir and Bezalel Smotrich.
For the country’s Jewish population, which numbers just 100, the spate of anti-Israel measures adopted by the former government contributed to a growing sense of isolation in the country.
But now, Janša, an admirer of President Donald Trump and an ally of former Hungarian Prime Minister Viktor Orbán, appears eager to reset relations with Israel.
On Friday, days after an Israeli passenger plane was denied entry to the country by Slovenian authorities in a protest against the Israeli government, Slovenian politician Jernej Vrtovec announced that the airline Israir had “once again been granted authorization to operate flights between Tel Aviv and Ljubljana.”
“The time has come for a responsible Slovenian 🇸🇮foreign policy based on facts, Slovenian national interests and international law,” Janša wrote in a post on X. He added that the “politically and economically harmful period of government support for activist anti-Semitism” had ended.
This article originally appeared on JTA.org.
The post After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset appeared first on The Forward.
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Israel gives in to the politics of debasement
A small episode this week crystallized the broader pathology of Israeli Prime Minister Benjamin Netayahu more clearly than any grand speech or ideological argument ever could: the Knesset vote for state comptroller, one of the most sensitive institutional positions in Israeli public life.
In Israel, the 120 members of the Knesset elect the comptroller by secret ballot. The office audits government ministries, investigates failures of governance, oversees public integrity, and possesses enormous influence over public accountability. In the aftermath of the Hamas attack of Oct. 7, 2023, and the Gaza war, the role carries even greater significance. The comptroller may shape future investigations into catastrophic national failures and wartime decision-making.
This week — in a move straight out of United States President Donald Trump’s playbook — Netanyahu nominated his longtime personal lawyer, Michael Rabello, for the role.
Historically, the comptroller’s office has been occupied by senior judges, jurists, or respected public servants with reputations for independence. Figures such as Miriam Ben-Porat, Eliezer Goldberg, and Micha Lindenstrauss embodied a certain ethos: they were stern institutional guardians standing somewhat above partisan warfare.
The idea of placing the prime minister’s own attorney into the country’s central oversight institution struck many Israelis as grotesquely inappropriate.
Yet the truly astonishing part came during the voting itself, in which the opposition candidate was a former justice on the Supreme Court — an institution Netanyahu’s coalition has long vilified. The first round reportedly revealed substantial defections among Netanyahu’s coalition. His preferred candidate fell short. Panic spread.
Suddenly, allegations and reports emerged that coalition lawmakers were being encouraged to photograph or film their ballots in order to prove their loyalty. There was a pause in the proceedings as the Knesset speaker, Likud’s Amir Ohana, received legal advice to not allow phones in the voting area. He restarted the vote anyway. Israeli media filled with coalition lawmakers posting images of themselves voting the right way. The images and reports were the excruciating stuff of banana republics.
I cannot recall ever seeing a similar scene in a functioning democracy. Rabello was elected.
Secret ballots exist precisely because democracies understand that free voting collapses when superiors can verify obedience. The entire purpose of ballot secrecy is to protect individuals from coercion, intimidation, retaliation and patronage systems.
Modern democracies adopted secret ballots in the nineteenth century to break the power of bosses, landlords, oligarchs, and political machines that demanded proof of loyalty.
The blatant violation of these norms by Netanyahu’s coalition helps explain why so many Israelis react to him not merely with opposition, but with exhaustion, fury, and moral revulsion.
It’s not just the corruption trials, the permanent manipulation, the serial falsehoods, the failed strategic assumptions about Hamas, the relentless cultivation of tribal resentment, the attacks on state institutions, the politics of personal loyalty and the transformation of every disagreement into an existential struggle between patriots and traitors. It’s the cumulative exhaustion of watching every institutional norm eventually be subordinated to the most vulgar politics imaginable.
The episode revealed something larger than one parliamentary scandal: the culture Netanyahu has spent years cultivating. It is a system organized increasingly around personal allegiance rather than institutional responsibility. A political environment in which independent judgment becomes suspicious, dissent becomes betrayal, and every institution gradually bends toward one man’s political ambition.
So we have here a prime minister under criminal indictment pushing his own lawyer into a top civil service oversight role.
Opposition leaders Naftali Bennett and Yair Lapid plan to appeal Rabello’s election to the Supreme Court, calling the vote “tainted.” Even that might not work. Several government ministers, including the justice minister, have suggested in recent months that they no longer consider court decisions binding.
And that is what outsiders often miss about Netanyahu fatigue in Israel. The anger does not emerge from one scandal, one trial, one war, or one speech. It comes from the constant sense of humiliation. This week, inside Knesset voting booths that were meant to be hidden from view, Israelis saw the whole story compressed into a single degrading scene.
The post Israel gives in to the politics of debasement appeared first on The Forward.
