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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 definitive Oct. 7 book was written — and sketched — before the attack
As Salomé Parent-Rachdi and Zac Deloupy worked on the drawings for a book about Israeli-Palestinian romance, they had no way of knowing the world they were depicting was on the brink of collapse.
The day they finished their pencil sketches, we learn in the book’s introduction, was Oct. 6, 2023. The next day, Hamas invaded Israel, killing about 1,200 and taking another 251 hostage. By the time the book was published in April 2024, Israel was locked in a multi-front war that still hasn’t quite settled.
That context — a looming attack, a forever war that has not yet begun — colors every panel of Love and Desire in the Promised Land: The Private Lives of Israelis and Palestinians, a French graphic nonfiction book whose English translation was released this summer. Reading the book feels like opening a time capsule that had been buried in the distant past: Even as it reminds you how bad the Israeli-Palestinian conflict was before Oct. 7, it leaves you wishing desperately you could restore things to how they were.
The book follows Parent-Rachdi, a French journalist, as she travels across Israel and the Palestinian territories to interview 16 subjects about their love lives. She talks to a mix of singles and couples, straight and gay, in Israel, West Bank and Gaza. (That’s one giveaway this book couldn’t have been made today: No journalist has been permitted to enter Gaza unaccompanied since Oct. 7.)
A few tell of dating across Palestinian-Israeli lines. Lana, an Arab Israeli, finds herself in a situationship with a right-wing Israeli — and ends up marrying him. Samira, an Arab Israeli woman, tells us about her Israeli ex, whose enlistment during the 2014 Gaza war — when they are living together — brings the unspoken tension in their relationship out into the open. And we learn the complex family dynamics of a celebrity Muslim-Jewish couple: Fauda star Tsahi Halevi and his Arab-Israeli wife, TV anchor Lucy Aharish.
The less politically fraught experiences are relayed with the same empathy. Avi, an ex-Hasid, reveals that, despite unbearable teenage horniness, he initially didn’t know how to find porn on the internet due to his insular upbringing. (He searches for “woman in pajamas” instead.) Rami, Parent-Rachdi’s fixer and taxi driver in Gaza, says, as a single man in his thirties, he told people he had erectile dysfunction so they wouldn’t grow suspicious.
In between these revelations are glimpses of life as it was in Israel and the Palestinian territories before Oct. 7. We ride shotgun as Parent-Rachdi navigates checkpoints on her way out of the West Bank and deals with Israeli and Palestinian officials on the way into Gaza. Rami — who did finally marry — says he made sure his son was born in Jordan so that he wouldn’t be trapped in Gaza as an adult. Parent-Rachdi has brought his stepson a remote-control car — the kind of toy Rami can’t buy in Gaza due to the Israeli blockade.
The love stories describe conflict, of course, and they do not uniformly lead to happy endings. (Or for that matter, breakups.) What they consistently show instead is people — as far as we can tell, basically good people — reaching out to each other in a pressure cooker of cultural, religious, sexual and political attitudes.
The stories also betray civilians’ genuine skepticism of their own communities with a frankness that seems unimaginable today. The clearest example of this comes in Gaza, where Mohammed, a closeted Palestinian looking for hookups, tells Parent-Rachdi about Hamas honor killings of gay men and his own brush with death. “They’re more likely to kill you if you’re a bottom,” he says matter-of-factly. Catfished by a Hamas intelligence officer, Mohammed escapes arrest by swearing he’s a virgin and flees to the U.S. a few days later.
Would Mohammed make the same disclosures today, when “What about Hamas?” has become a refrain for anyone defending Israel’s response to Oct. 7? The Gaza he left behind no longer exists. The book’s afterword, written in Feb. 2024, reveals that Rami’s wife’s cosmetics store — lovingly illustrated by Deloupy earlier in the book — was leveled in Israeli airstrikes; the family was now living in a refugee camp in Rafah. “We have gone from a life with all the modern comforts to a reality where we move with a cart, where we buy wood to split and burn in order to cook and take a shower,” he says.
As for Mohammed, his house was destroyed, as were many friendships with Jews and Israelis: “I write to them,” he says in the afterword. “They don’t respond, but they read my message.” As for Hamas, he says, “today, seeing the suffering, somehow I feel like I better understand their resistance.” When the authors checked in with the subjects, several did not respond. By then, some 30,000 Palestinians were dead.
As it reminds us what we’ve lost, Love and Desire in the Promised Land also points the only way toward a shared future: people on all sides defying the forces pulling them apart. It shows us it can be done. Even in the afterword, one of the interviewees, a Modern Orthodox Jew named Jean-Marc, is optimistic: “I am still convinced, even more so now, that we have to work with the Palestinians,” he says. “Our safety depends on it.”
The post The definitive Oct. 7 book was written — and sketched — before the attack appeared first on The Forward.
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Christian leaders are racing toward the Rapture. Is Israel really to blame?
End Times Fascism: And the Fight for the Living World
By Naomi Klein and Astra Taylor
Farrar, Straus & Giroux, 384 pages, $32
Judaism is not usually a religion associated with apocalyptic thought. There’s no Jewish version of the Book of Revelation. There is a concept of a Messianic Age, but most observant groups forbid interfering with — encouraging or discouraging — its arrival.
Yet Judaism, or at least Israel, is central to Christian apocalyptic thought. The lines that drive its connection to Israel are well-traced. The Book of Revelation requires Jews to return to the promised land, and a Third Temple to be built for Jesus to return, and so, for years, Christian Zionists like John Hagee, the founder of Christians United for Israel and Mike Huckabee, the current U.S. ambassador to Israel, have encouraged wars in the region, seeing them as part of prophecy.
Hagee and Huckabee have talked in glowing terms of the many lands they believe comprise “greater Israel” all becoming part of the modern nationstate, in fulfillment of biblical requirements for the Rapture. Byron Stinson, another wealthy evangelical leader, has worked to breed and import blemish-free red heifers to Israel, because their ashes are necessary to build the Third Temple that will herald the return of Jesus.
More recently, the Jewish extremists who are also hungry to build a Third Temple have moved from the fringe into the Israeli government. Several times now, Israeli security minister Itamar Ben-Gvir has stalked around the Temple Mount, where Jews are officially forbidden from prayer, and led a large group in prayer, flanked by the police force he heads. Bezalel Smotrich, Israel’s minister of finance, has promised to fund the construction of a Third Temple.
But as powerful as these Jewish leaders are, the Christians are far bigger. CUFI, the group led by Hagee, is the biggest Zionist group in the U.S., far larger than AIPAC.
And yet End Times Fascism, a new book from activists and writers Naomi Klein and Astra Taylor — Klein is known for books like No Logo and Shock Doctrine, where she coined the relevant term “disaster capitalism” — focuses largely on Israel, and the extremists in its government.
The book’s central argument is that accelerationist fanatics believe an apocalyptic future will benefit them — whether in heaven or on earth. And they’re racing toward that future with increasingly fascistic terms.
These apocalyptic futures vary. For Christians, it might be the Rapture, and ultimately heaven. For AI techies, it’s a world ruled by the silicone grip of an all-knowing machine — or at least a world ruled by the superrich and filled with AI-driven propaganda masquerading as the voice of God while it surveils its users. For ethno-nationalists, it’s a homogenous country in which they can live out their nostalgia for an imagined perfect past. End Times Fascism is divided into sections, each taking on one of these groups and its ravenous vision for the end of the world, and how it is leading the world into fascism — through moral policing, surveillance, xenophobia.
But in the section on religious extremism, Israeli extremists get at least as much airtime as the Christians, despite the fact that these end time fanatics have far less global influence and don’t represent the vast majority of Jews.
It is, of course, important to understand the interplay between Christian apocalyptic thought and Judaism, and this is where things can get tangled. Christian Zionists’ desire for the Rapture leads them to support Israel and, sometimes, to display a kind of philosemitism. Ultimately, they are neither true friends to the Jews nor supporters of Israel; Hagee once gave a sermon claiming God sent Hitler as a kind of shepherd to force Jews back to Israel, in alignment with the biblical plan — when, of course, Jews will convert or burn in hell. But these beliefs have not made most Jewish groups cut ties with CUFI; Israel’s prime minister, Benjamin Netanyahu, has, for decades, referred to U.S. Christian Zionists, and Hagee in particular, as beloved supporters of Israel, and has said that Christian Zionists made Jewish Zionism possible. Many Jews are similarly grateful for evangelical support of Israel, regardless of what less supportive beliefs might undergird it, and are willing to ally with these religious extremists if it means support for Israel’s wars and annexations.
Certainly, all of these thoughts build on one another, and are difficult to untangle; plenty of hawkish Jews and Israelis want Israel to expand for non-biblical reasons. But the vast majority of Jews are not actively working to build a Third Temple and bring about the end of the world as we know it. Yet Klein and Taylor represent Jews largely through extremists like Ben-Gvir, and even focus their discussion of Christian apocalyptic thought on its overlap with Judaism and Israel. These religions share the Hebrew Bible, but little else.
There is far more to Christian apocalyptic thought than Israel. Plenty of Rapture-hopefuls in the U.S. believe their own country is the promised land; indeed, theological power is shifting away from Israel, as a new cohort of Christian extremists like Candace Owens, Nick Fuentes and Tucker Carlson catch hold of the political discourse and steer it toward open antisemitism and harsh scrutiny of U.S. support of Israel.
The old guard is being replaced by a new Christian right that is suspicious of Israel’s every action, and doesn’t egg on its wars. When Tucker Carlson interviewed Ted Cruz, a staunch supporter of Israel, the senator explained the Christian theological grounding of his support for Israel; Carlson, also a loudly devout Christian, jeered.
That’s not to say, of course, that there aren’t still many Christian Zionists in power in the U.S., shaping its foreign policy regarding Israel. But End Times Fascism feels as though it is stuck in a previous era of American Christianity, and of U.S. politics.
This problem is not limited to the section on religious apocalypse. The second part of the book, focused on the AI hunger of transhumanist tech titans, spends time on neoreactionary thinker Curtis Yarvin’s plan for a New Gaza, as it was presented at a Peter Thiel conference. Thiel is, himself, a Christian who is famously obsessed with the antichrist and the end of the world — once again, there is crossover, and these topics all share threads. But Israel is not the major driver of the race toward AI killing us all, or any other tech-related doom.
The fundamental idea of Klein and Taylor’s work is that rapturous obsessions drive not only worldly destruction — that much seems obvious — but also fascism. It’s a smart idea, and they have plenty of examples, whether surveillance by our internet overlords or ICE raids pushed for by white nationalists. But the book spends so much time on its trendiest target — Israel — when it should direct its energy examining figures like U.S. Secretary of Defense Pete Hegseth and the muscular Christianity driving his new testosterone regime for the U.S. military, or influential online figures like Owens or Fuentes agitating for a white, Christian U.S. (Some of these influencers are mentioned, but not as primary drivers.)
Certainly, Israel is involved in U.S. politics, in Christian nationalism, in the building of an ethnostate. (Israel in fact appears least in the third section on ethnonationalism, which is surprising given its identity as a Jewish state.) But despite Israel’s importance, the U.S., and its leaders, are still far more powerful.
The issue might be the book’s structure. The idea that apocalyptic thought drives fascism is a fairly simple one, and many of Klein and Taylor’s examples are familiar. The idea that is more subtle, and harder to grasp, is the way the threads of eschatological thought, ethnonationalism and tech wealth all share ideas and shape each other.
Peter Thiel alone, given his tech companies, his antichrist obsession, his love of Nazi theorists and his influence over Vice President JD Vance, could generate at least a chapter in any of the book’s three sections, or serve as a throughline for the entire book. Yet the topics are divided, as though each form of apocalyptic thought is its own entity, instead of woven together to show the ways they all reinforce each other.
End Times Fascism closes with a section on how to fight the rising fascism. Perhaps this should be the main focus of the book; many people who read the news already feels as though our leaders are racing toward the apocalypse, or at least WW III and a second Great Depression. The real question is what to do.
End Times Fascism offers some inspirations, including New York City’s mayor, Zohran Mamdani, as well as the Jewish Labor Bund. At least if the focus is once again on Jews, this time it’s positive.
The post Christian leaders are racing toward the Rapture. Is Israel really to blame? appeared first on The Forward.
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Why Dolly Parton sang a song about a Jewish journalist
A Broadway show, a star-studded television tribute, a new hotel and museum in Nashville. As odes to Dolly Parton keep coming, a recording of the late country music singer honoring an American Jewish journalist has recently surfaced.
Never before released in America, the song, “A Bridge Across,” sung by Parton and accompanied by the Nashville Symphony, honors slain journalist Daniel Pearl.
The song features spare lyrics set to violin music composed in honor of Pearl, a Wall Street Journal reporter who was brutally murdered by terrorists in Pakistan in 2002.
Originally recorded in 2008 by Parton, renowned fiddler Mark O’Connor, and the Nashville Symphony, the song was intended to be part of a compilation album called This is My America, produced and funded, oddly enough, in Canada but never released in the U.S.
It was O’Connor and his wife Maggie who resurrected the recording this fall, shortly after the deaths of Parton and another musician that connected the four artists: Oregon violinmaker Jonathan Cooper, who died in September.
Deeply troubled by the journalist’s murder in 2002, Cooper learned Pearl was an amateur fiddler and set out to create a quartet of string instruments – two violins, a viola and a cello – in the journalist’s honor. He entrusted the instruments to O’Connor to use during his annual summer music camp in North Carolina. Every year since, four students from the camp have received one of the Daniel Pearl memorial instruments to play for a year.
“These young people carry the message that love fights hatred through music-making and understanding that Daniel Pearl’s family want him remembered for,” O’Connor told The New York Times. Likewise, Cooper’s loving gesture inspired Parton, O’Connor said.
Canadian violinist Samantha Robichaud received one of the violins in 2005 and has gone on to become a successful recording artist with more than a half dozen albums. She has toured North America as an ambassador for the Daniel Pearl Foundation, sharing Pearl’s story, including his passion for
music and its power to change lives. Enter songwriters Tom McBryde and Lynn Wilbanks, whose introduction to Robichaud inspired verse.
On the album, the Nashville Symphony played one of Robichaud’s compositions while Parton introduced Pearl to listeners.
“He believed that music was something that could cross all social barriers, political borders and imaginary boundaries,” Parton says, before singing McBride’s and Wilbanks’ lyrics.
“A bridge across a question one journey begins, one step at a time to a place within.
A bridge across a border, a hand reaching out one heart at a time to erase the doubt.
A bridge across a difference can close a divide, one song to be sung on the other side.”
“It was perfect. She knows what he stood for,” Pearl’s father, Dr. Judea Pearl, told the Forward. “She was such a giving person.”
Judea Pearl met Parton in 2018 at the Los Angeles Press Club where she received that year’s Public Service Award for Contributions to Civic Life for her Imagination Library, which sends free books to children. (It inspired the creation of the PJ Library for Jewish books.) The Press Club recently dedicated its upcoming National Arts & Entertainment Journalism Awards to Parton’s memory.
In 2018, Judea Pearl was there to present the Daniel Pearl Award for Courage and Integrity in Journalism to Saudi Arabian writer and blogger Raif Badawi whose wife accepted the award while he served a 10-year prison sentence for his online activism.
The foundation devoted to Daniel Pearl’s legacy has been less visible since the 2021 death of Pearl’s mother Ruth who, as a young girl, witnessed and survived the anti-Jewish pogroms in Baghdad known as the Farhud.
As the 25th anniversary of his son’s murder approaches in February, Judea Pearl said the foundation will start a new chapter under his daughters’ leadership. Parton’s song lends the effort a touching soundtrack.
The post Why Dolly Parton sang a song about a Jewish journalist appeared first on The Forward.
