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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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Jewish Democrats back Michigan AG Dana Nessel’s decision to skip state party convention
(JTA) — Local and national Jewish Democrats say they are sympathetic after Michigan’s Jewish attorney general, Dana Nessel, said she would skip the state Democratic Party’s nominating convention over concerns about antisemitism and harassment.
“I don’t blame AG Nessel for not wanting to go and basically put herself in situations that feel untenable in this moment of time and don’t add any value politically, personally,” Jessica “Decky” Alexander, the Michigan Jewish Democratic caucus chair, told the Jewish Telegraphic Agency on Friday.
Alexander’s comment came a day after Nessel announced during a televised antisemitism roundtable that she would be skipping the convention next month, where party leaders will finalize the state’s Democratic candidate for Senate following a divisive primary that has focused in part on Israel and antisemitism.
“I don’t feel safe going. I feel like my presence isn’t going to be welcome. I don’t want to get chased around. I don’t want to get harassed. I don’t want to get yelled and screamed at. I don’t want to get booed off the stage, irrespective of what I’m saying,” Nessel said during the roundtable. “And I believe that if I go, that is what will happen because it’s been happening to me.”
She said she had filed a formal complaint within the party about a party official who had called her a neo-Nazi because of her beliefs. “Why is this person more accepted in our party than me?” she asked without naming the official. Her office responded to a request for comment by referring to the recorded livestream of the antisemitism roundtable.
Nessel’s declaration comes in the final days of the primary between Rep. Haley Stevens, a pro-Israel stalwart, and Abdul El-Sayed, a democratic socialist who is deeply critical of Israel. El-Sayed is surging in polls despite a reported $30 million spent against him by AIPAC, the pro-Israel lobby, and its supporters, whom he has made a target of criticism from the campaign trail.
Nessel’s comments also follow turmoil at the Michigan Democratic Party’s endorsement convention in April, where Stevens was booed by attendees. A third primary candidate who later dropped out of the race, state Sen. Mallory McMorrow, said a convention attendee had targeted her Jewish husband with an antisemitic slur.
The incident has fueled alarm among Jewish Democrats, according to Halie Soifer, CEO of the Jewish Democratic Council of America.
“She’s not alone,” Soifer told JTA about Nessel on Friday. “We’ve heard from other Jewish Democrats who attended the Democratic Party convention earlier this year in Michigan, and there was a sense of discomfort amid what felt like a pro-Palestinian protest [that] may have even blurred the line for some into antisemitic sentiment — and it’s really concerning.”
Nessel has raised the alarm about antisemitism within the party for years, alleging in 2024 that Michigan Rep. Rashida Tlaib, a prominent pro-Palestinian voice, had been antisemitic when criticizing charges Nessel filed against pro-Palestinian protesters at the University of Michigan.
For her part, Alexander said she would be participating in the nominating convention and said she believed the chair of the state Democratic Party, Curtis Hertel, had been “very accessible and very open to making sure that we, including our Jewish elected officials, feel safe in that space.” But she said she understood why Nessel was staying away.
“It would never even occur to me, but I’m not an elected official,” Alexander said. “It’s a different stake for me than it is for Dana. I understand her completely.”
This article originally appeared on JTA.org.
The post Jewish Democrats back Michigan AG Dana Nessel’s decision to skip state party convention appeared first on The Forward.
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Maine rabbis call for peace, urge politicians to stop calling Gaza war a ‘genocide’
(JTA) — Every congregational rabbi in Maine has signed onto a statement calling for peace and urging the state’s political leaders to stop using the term “genocide” to describe Israel’s war in Gaza, following a Democratic primary in which several candidates used the label for the first time.
But the rabbis also indicated that they, too, were unsatisfied with conditions in the Middle East and called on Israeli and Palestinian leaders to work toward a peaceful future.
“We call upon Maine’s leaders, and particularly its political leaders, to reject the irresponsible usage of the term in describing the Israel-Hamas War,” said the statement released on Friday. “We also call upon Israeli and Palestinian leaders to end the cycle of violence and to create a better world for both Palestinian and Israeli children.”
The statement, titled “A Call for Peace and Responsible Rhetoric,” argues that using the term as a “political slogan does not advance peace in the Middle East.” The term “erases essential moral and legal distinctions, diminishes the meaning of genocide, and inflames hatred for the local Jewish community,” the rabbis say.
“Compassion for Palestinians does not require the adoption of hateful and misleading language,” they continue. “Advocating for peace does not require participation in a ‘Holocaust inversion’ against the Jewish community. And political leadership does not require demonizing one community in the service of another.”
The statement comes days after Troy Jackson, a former logger and state Senate president, secured the Maine Democratic U.S. Senate nomination Saturday at the party’s nominating convention to replace Graham Platner, a staunch Israel critic who dropped out of the race earlier this month. Platner faced a sexual assault allegation, which he denies. Jackson now faces Republican incumbent Sen. Susan Collins in November’s general election.
Platner’s romp to the primary victory featured routine use of “genocide” to describe Israel’s actions. And ahead of the convention to replace him, Jackson and several other Democratic hopefuls who later exited the race began using the term “genocide” to describe Israel’s war in Gaza for the first time, a shift that drew scrutiny from some Jewish leaders and voters in the state.
The use of the term has become a “currency for acquiring power and position in Maine’s Democratic party,” Rabbi Rachel Isaacs, the leader of Beth Israel Congregation in Waterville, who also signed the statement, told the Jewish Telegraphic Agency.
“Too many Maine Democrats are cynically willing to trade in that currency at the expense of our safety and dignity,” she said in an emailed statement. “We decided we needed to say something collectively, both about the specious and dangerous nature of the claim, and about how much damage has been done to our families and congregants.”
The statement Friday was spearheaded by the Jewish Community Alliance of Southern Maine and signed by every congregational rabbi in the state, including Rabbi Bill Siemers of the Conservative Congregation Beth Israel in Bangor and Rabbi Erica Asch of the Reform Temple Beth El in Augusta. (Rabbis affiliated with the Chabad movement in Maine did not appear on the signatory list.)
Zach Schwartz, the director of the Jewish Community Relations Council at the Jewish Community Alliance of Southern Maine, said the federation hoped the “unity displayed here in Maine can inspire Jewish communities across the US to also unite against the extremist rhetoric harming our community and our children.”
Rabbi Josh Stanton, the associate vice president of interfaith and intergroup initiatives for Jewish Federations of North America, also hailed the joint statement.
“Maine’s Jewish clergy are setting an important example with their call to put aside inflammatory rhetoric and look to the common good,” Stanton said in an emailed statement. “At a time of rising polarization and declining civil discourse, the Jewish Community Alliance of Southern Maine’s efforts to unify the community around this important message are a mark of true leadership.”
Isaacs told JTA that she hoped Jackson would “support, understand, and advocate for all of Maine’s citizens, including the totality of Maine’s diverse Jewish community.”
“Work with us to figure out how to express outrage and legitimate critique of Israel’s government without succumbing to language that you might not know is an ancient antisemitic trope, or dismissing the security needs of Israel’s citizens,” Isaacs said of her message to Jackson. “Please have the courage to forge your own path, and not follow in the footsteps of Graham Platner, a man who should have never been normalized, endorsed, or empowered.”
This article originally appeared on JTA.org.
The post Maine rabbis call for peace, urge politicians to stop calling Gaza war a ‘genocide’ appeared first on The Forward.
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Boy George cedes role of King Herod in ‘Jesus Christ Superstar’ production after releasing pro-Israel song
(JTA) — Boy George has withdrawn from his run as King Herod in London’s West End revival of “Jesus Christ Superstar,” days before he was due to take the stage and 24 hours after releasing “We Will Dance Again,” dedicated to the victims of Hamas’ Oct. 7, 2023, attack on the Nova music festival in Israel.
The 80’s pop star was scheduled to appear at London’s Palladium starting Monday as part of the production’s rotating cast playing King Herod, the Judean king who is best known by Jews for his expansion of the Second Temple and to Christians for his efforts to stave off the arrival of a challenger — the story of which is reflected in the rock opera by Andrew Lloyd Webber and Tim Rice.
Boy George will be replaced by actor Richard Armitage in the London production.
In announcing the cast change, Paul Kelmsley, the singer’s manager, did not directly mention the blowback the former Culture Club frontman was receiving for releasing a pro-Israel song but alluded to it.
“George has never been afraid to stand by his personal convictions, and I have always respected him for that,” he said. ”In this instance, I felt it was right to step aside, allowing the production to remain the focus, while ensuring everyone involved can move forward with mutual respect and goodwill.”
Boy George is defending his decision to release the song, saying he believes artists should be free to express their views even when they are unpopular. In “We Will Dance Again,” the singer rejects claims of genocide against Israel and proclaims, “If you’re ever confused, I stand with the Jews.”
Earlier Friday, Boy George lashed back at the vitriol he was getting online. “What is most shocking is the amount of gay folk attacking me, ” he posted on X. “If you support terrorism you can in the words of Divine ‘Take your toolkit and go f—_ a garage,’” he said, referring to a quote attributed to the taboo-breaking transgender artist.
“When I say ‘they want to kill every last one of us’ I am also talking about us queers, not just the Jewish community,” Boy George said. “When will you wake up?”
This article originally appeared on JTA.org.
The post Boy George cedes role of King Herod in ‘Jesus Christ Superstar’ production after releasing pro-Israel song appeared first on The Forward.
