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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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Jewishness found me on my European vacation
To visit Europe is to look at many old, stone churches. My recent trip was no exception, but a few things set our tour of Geneva’s Cathédrale Saint-Pierre apart.
The most obvious difference between it and your typical Notre Dames and basilicas is aesthetic: Saint-Pierre is a Protestant church at the hub of John Calvin’s ministry in the Old Town. There’s no crucifix or stations of the cross and the stained glass eschews biblical scenes, a rebuke of Catholic extravagance. An exception is a small adjoining chapel.
Our Swiss guide gave us the name of this alcove, the burial place of Cardinal Jean de Brogny: Chapelle des Maccabées.
I assumed she was giving some French term for “tomb” that shared a root with “macabre.” I was wrong. The chapel, whose gorgeous, 15th-century stained glass depicts the Evangelists, the Last Supper and Jesus seeming to teach what may be the first-ever CCD class, is one of the few Christian structures to boast an explicitly Jewish name. (The Book of Maccabees, replete with martyrs, is part of the Catholic canon, not the Protestant.)
As for that ghoulish word “macabre,” linguists believe it to be a cognate with the name of the Hasmonean rebels, perhaps a reference to many of their grisly fates.
I should say now that when I am on vacation I don’t seek out Jewish landmarks. A lot of times there isn’t much to see: a street sign clinging to the name of a ghettoized population long-since liquidated, an old cathedral built on top of an even-older synagogue, a museum in a basement in Barcelona.
When I arrived in Paris before setting sail on a Rhone river cruise, my
fiancée, her family and I paid a visit to the Shoah Museum there. English-speaking Chabadniks tried to get me to wrap tefillin while I waited in line at L’as Du Fallafel, the kosher-certified institution in the Marais. Nearby we found a Hellenic-themed juice bar — Temple du Jus — which boasts an ancient sandstone wall with inscriptions in Greek and Hebrew (next to a chintzy, fake Ionic column).
France boasts the largest population of Jews in Europe, mostly now from North Africa. There are synagogues in Avignon and Lyon, but on this trip, the less obvious markers were the ones that kept asserting themselves. There was the Rue Léon-Blum in Arles, named for the three-time prime minister of France. Geneva has Rue Albert-Cohen, for the Corfu-born Swiss novelist.
Montreux in Switzerland has a resplendent statue of the resort town’s longtime resident Freddie Mercury, arguably the world’s most-famous Zoroastrian. But when we visited, the construction workers building the Christmas village behind the Queen frontman were listening to Leonard Cohen’s “Suzanne.” (If you stop inside the shopping mall right near it, you’ll find Cohen’s name on the tiles, marking his 1976 performance at Montreux’s Jazz Festival.)
Our hotel breakfast had a version of chocolate babka, part of their “luxury collection,” with a posted explanation of the “sweet braided bread which originated in the Jewish communities of Poland and Ukraine.”
Our second evening in Geneva we went to a chalet-themed fondue restaurant called Edelweiss. There, a Swiss accordion player sang the establishment’s eponymous, invented folk song of Austria penned by a duo of Jewish Americans in English for The Sound of Music.
In the city hosting the UN’s base in Europe, and before that the League of Nations, such an international display was maybe unsurprising, but what struck me more is that it felt so natural.
For years now, watchdog groups have been fearing for the future of European Jewry amid increasing attacks and widespread pro-Palestinian protests. This assessment, rooted in valid concern, at times marches in lockstep with a far-right hostile to immigrants from the Muslim world. That alarm comes at times from the very same parties, and in the case of the National Assembly’s Marine Le Pen, the same family, that once leveled their xenophobia at Jews.
What I saw on my petit tour was a kind of cultural victory that will be harder to shake, even as French and British Jews continue to make aliyah in record numbers. It would perhaps shock those who lived through World War II that so much of the so-called national character, to which new arrivals are being labelled a threat, is now so casually Jewish. Emphasis on the “ish.”
For the most part, this Jewishness blends with the dominant culture, forming the soundtrack to builders putting up their Christmas market, giving the name to a Catholic tomb attached to a Protestant landmark or sitting on the buffet table a few stations away from cured ham. It is at times imported, at times native, like Serge Gainsbourg, or naturalized like Albert Cohen.
It’s not going anywhere, and if you’re paying even the slightest attention, it’s hard to miss.
The post Jewishness found me on my European vacation appeared first on The Forward.
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Christianity won in the midterm elections — but not Christian nationalism
The midterms saw the election of many new Jewish congressional representatives — Brad Lander in New York, Daniel Biss in Illinois, Scott Wiener in California, Zach Dembo in Kentucky. But another group was surprisingly well-represented in the Democratic wins: Christian pastors.
For decades, Christian clergy have usually been associated with the Republican party, thanks to evangelical groups like James Dobson’s Focus on the Family, Jerry Falwell’s Moral Majority and Pat Robertson’s Christian Coalition. They have rallied Evangelical support for politicians around culture war issues like opposing abortion rights and gay marriage, and white Evangelicals have been one of the defining voting blocs for Republicans ever since.
In 2024, fundamentalist evangelicals voted overwhelmingly for Trump, and they have been influential members of his cabinet and advisory team. Paula White-Cain, a charismatic Christian, is Trump’s personal faith adviser. Defense Secretary Pete Hegseth is a member of an ultra-conservative denomination called the Communion of Reformed Evangelical Churches founded and led by Doug Wilson, a pastor who has said women should not have the right to vote and that slavery was good; Hegseth has instituted prayer services at the Pentagon, something once considered a violation of the separation of church and state, and he and his preferred preachers often promote Christian nationalism in the services.
But in the 2026 midterms, the pastors and seminarians who won their races were overwhelmingly Democrats. And they were not Evangelical — they were mainline Protestants.
This includes James Talarico, a seminarian currently enrolled in the Austin Presbyterian Theological Seminary, who defeated Ken Paxton for the Texas Senate seat; Adam Hamilton, a United Methodist minister who became the first Democrat elected to the Senate from Kansas since 1932; and Rev. Sarah Trone Garriott, who won her House race in Iowa.
The shift in American Christianity that these wins represent, of mainline Protestantism over fundamentalist evangelicalism, may sound esoteric — both groups are, technically, Protestant, after all. And it can get confusing; Garriott’s mainline Protestant denomination is called the Evangelical Lutheran Church in America.
But the difference between the two Christian movements is essential to understanding the appetite for, and power of, Christian nationalism in the U.S., and represents Americans’ changing relationship to Jews and Israel.
What is mainline Protestantism?
The term mainline — or, sometimes, oldline — Protestant emerged in the early 20th century, during a debate between an emergent fundamentalist church movement and more modernist denominations. It referred to a historical group of churches that were influential in earlier American history, known as the Seven Sisters of American Protestantism.
But more colloquially, the term refers to a broader set of churches that share a theologically liberal style of scriptural interpretation, a focus on ecumenism — or acceptance and understanding among different Christian movements — and, usually, a progressive-leaning politics focused on social justice.
While mainline Protestants do not vote as a liberal bloc, the theology is less focused on culture war issues like abortion and LGBTQ+ rights; instead, they center the Social Gospel — a form of theology oriented toward loving thy neighbor and serving the poor. Most mainline churches allow women to be pastors and are accepting of LGBTQ+ members.
For much of American history, these churches were also the mainstream of American Christianity; they were the churches associated with WASPs and with wealthy, influential families like the Rockefellers. In 1970, mainline denominations accounted for 30% of Americans.
But in the 1970s, with the rise of major political evangelical organizations and leaders like Jerry Falwell, the balance of power shifted, and conservative, fundamentalist churches began to gain power. By 2024, only 14% of Americans identified as mainline Protestants according to the Pew Research Center; 23% identified as evangelical.
But judging by the midterms, mainline Protestant progressivism might be making a comeback.
Mainline Protestantism squares off against MAGA fundamentalism
The battle between fundamentalism and progressive mainline churches was not an undercurrent in many midterm campaigns; religion was an overt theme of attacks from the right on the Democrat pastors, and Republicans repeatedly cast doubt on the legitimacy of the Democrat’s Christianity.
In the race for Iowa’s second congressional district, Republican candidate Joe Mitchell jeered at the Christianity of the mainline Protestant ministers running for a variety of seats, including his opponent, Presbyterian minister Lindsay James, who ran as a Democrat.
“I call them PINOs,” Mitchell said at a conference; the term, he explained, means “pastors in name only.”
Republicans ripped Garriott, also a pastor, as “the wicked witch of Woke” and denounced her preaching as “fake.” Zachary Nunn, who lost to Garriott, took a similar tone in lambasting his opponent.
“I don’t need a lecture from someone who pretends to preach from the pulpit,” the Republican said in May during a Des Moines campaign rally with Republican Vice President JD Vance.
Talarico — who is not ordained but is a current seminary student, and who centered Christianity in his campaign — was meanwhile castigated by evangelical Republicans for statements they called un-Christian, such as saying God is “nonbinary.”
His rival, Paxton, castigated his theology, saying Talarico’s beliefs are “literally the opposite of Christianity,” while Texas’ Lieutenant Governor, Dan Patrick, said he has “never seen anyone commit so much blasphemy against the word of God and the Bible” and that the now-senator-elect was “going to Hell.”
At a service in a CREC church — Hegseth’s ultra-conservative denomination — a night was devoted to preachers inveighing against Hamilton’s Christian bonafides. Pastors called on the Democratic candidate in Kansas, a preacher at a large United Methodist congregation, to “repent” for his teachings, including that non-Christians aren’t going to hell. Vance accused him of wearing Christianity as “a skin suit.”
The Democratic pastors’ voting records, such as James’ support for gender-affirming care for minors or Talarico’s support for abortion access, were also framed as damning evidence of fake Christianity by Republican evangelicals.
Meanwhile, the ordained Christian Democratic candidates were open about their hope to reclaim Christianity from Republicans. Talarico made similar accusations to his critics, saying that “Christians in the halls of power are blatantly violating the teachings of Christianity on a daily basis and hurting our neighbors in the process.”
Garriott even stated that the representation of Christianity in Republican politics upset her so much that it motivated her to run for office to offer a different Christianity. “Faith has something to say to politics. And what we are seeing labeled as the faith perspective is not faithful to me,” she said in an interview with Religion News Service earlier in her campaign.
A Christian repudiation of Christian nationalism
Numerous members of Trump’s administration are outspoken Christian nationalists. Hegseth has a Crusades tattoo, and his preacher, Doug Wilson of the CREC, opposes the right of non-Christian Americans to hold office. Numerous architects of Project 2025, which advocated for a government imbued with “biblical principles” are members of the administration. JD Vance has stated that “Christianity is America’s creed.”
For religious minorities in the U.S., however, the mainstreaming of open Christian nationalism has been worrying; the Christianity pushed by these Christian nationalist figures has roots in antisemitism and Islamophobia, and imposing a version of religion that does not allow for diverse beliefs feels dangerous.
For many of these conservative Christians, supporting Christian nationalism is synonymous with being a devout Christian; they equate biblical values with morality, and advocating for a moral country is simple obedience to their beliefs. Not all Christians believe this is part of their religion, however; the mainline Protestants who just swept the midterms preach a Christianity that is overtly opposed to Christian nationalism.
Garriott has preached about the topic directly, saying that “evangelicalism, from a Christian nationalist perspective, is trying to make the nation, the government, and everyone the same.” She argued that her faith requires a diverse republic founded on ecumenism.
Talarico has similarly argued directly against Christian nationalism: “I believe the separation of church and state is sacred. I think a nation with one supreme religion is not just un-American, I also think it’s un-Christian, given how Jesus taught about religious supremacy,” he told Ezra Klein of The New York Times. “I have a special moral responsibility to combat Christian nationalism wherever I see it.”
This repudiation of Christian nationalism from within the majority religion of the U.S. is an essential defense for the minority religions of the U.S. And it comes from the ecumenism at the heart of mainline Protestantism. Though ecumenism historically focused on Christian unity, and acceptance of other denominations of Christianity, the theological bent toward nonjudgment — instead of conservative evangelicalism’s fire and brimstone — opens doors toward interfaith dialogue. Mainline Protestants are capable of antisemitism, of course, but the less literal theological interpretation that defines the movement helps keep minds open.
There is one detail of mainline Protestantism that may concern some Jews, however. Evangelicals have long been a source of stalwart support for Israel, thanks to the conservative movement’s eschatology, which focuses on the End Times when, it teaches, Jews must all return to the Holy Land in order for Jesus to return. In the past several decades, evangelicals who subscribe to this apocalyptic theology, including the current ambassador to Israel, Mike Huckabee, Christians United for Israel founder John Hagee and Texas senator Ted Cruz, have referenced their Christianity as grounds for supporting Israel unconditionally.
Mainline Protestantism has its roots in churches founded before this form of dispensationalism was popularized, and they are therefore less attached — at least theologically — to the state of Israel. And though most of the Democratic ministers are moderate on Israel, that’s far from the hawkish pro-Israel template for religious politicians that has previously been defined by evangelicals.
Still, in 2024, Americans voted for an evangelical, conservative, Christian nationalist government. That made for a government full of people defending their right to say that Jews killed Jesus, to post the Ten Commandments in schools, to make Christian prayer a part of military service. And in the midterms, the vision of Christianity the Republican party promoted couldn’t even accept other Christians, much less minority religions.
But that’s not what Christianity has to be. In 2026, Americans voted for a different Christianity: one that is tolerant of other religions, values and viewpoints. That can only be good for the Jews.
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Video: The queen of Yiddish cabaret
אַן אינטערוויו מיט דער אָנגעזעענער ייִדישער זינגערין, אַקטריסע און שרײַבערין עלענאָר ריסאַ איז לעצטנס אַרויפֿגעשטעלט געוואָרן אויף יוטוב.
אינעם שמועס געפֿירט פֿון אלי בענעדיקט פֿון דער ייִדיש־ליגע, דערציילט ריסאַ וועגן אירע ערשטע טריט אויף דער בינע, די מענטשן און פֿאָרשטעלונגען וואָס האָבן אויסגעבויט איר קינסטלערישן וועג, אירע אויפֿטריטן איבער דער וועלט, און דעם אופֿן ווי זי בויט אַ מוזיקאַלישע פּראָגראַם און קלײַבט אויס לידער. זי רעדט אויך וועגן איר בליק אויף דער צוקונפֿט פֿון ייִדיש־טעאַטער.
ריסאַ איז אַ געבוירענע ייִדיש־רעדערין פֿון פּויליש־ייִדיש, קאָן דער ווידעאָ אויך דינען ווי אַ גוטער לערן־מיטל פֿאַר ייִדיש־סטודענטן וואָס ווילן הערן אַ נאַטירלעכן ייִדיש.
עלענאָר ריסאַ איז אַן אַמעריקאַנער אַקטריסע, רעזשיסאָרין, דראַמאַטורגין און זינגערין, און ייִדיש איז איר מאַמע־לשון. זי איז אויפֿגעוואַקסן אין ברוקלין, די טאָכטער פֿון צוויי לעבן־געבליבענע פֿון פּוילן. אין משך פֿון לאַנגע יאָרן האָט זי געשפּילט, רעזשיסירט און געשאַפֿן סײַ אין ענגלישן, סײַ אין ייִדישן טעאַטער, און איז געווען די קינסטלערישע מיטדירעקטאָרין פֿון דער פֿאָלקסבינע.
זי האָט אויך געשריבן, רעזשיסירט און איבערגעזעצט אַ ריי פּיעסעס און מוזיקאַלישע פּראָגראַמען. אין די לעצטע יאָרן פֿירט זי דעם פּאָדקאַסט “Those Who Were There” בײַם פֿאָרטונאָף־אַרכיוו אין יעיל־אוניווערסיטעט און אַרויסגעגעבן אַ בוך זכרונות, The Letters Project.
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