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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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This David Schwimmer sweater ad is playing on ‘Friends’ nostalgia. So why are commenters talking about Israel?
David Schwimmer, who played Ross on Friends, is tapping into some late ’90s and early 2000s nostalgia as the star in an ad this week marketing his “dream sweater” for Quince, a clothing and home goods store.
In the ad, Schwimmer, who is Jewish, sketches the perfect red sweater in a notebook while he sits in Central Park and then begins to see it on everyone: a man riding an electric scooter, an angry taxi driver who almost runs into him, a beautiful woman riding in the back of the taxi, even a dog.
The gag is a reference to the Friends episode “The One with the Red Sweater,” where Ross’ on-again-off-again girlfriend Rachel is pregnant and has not told the father, whose identity is a mystery to the group; Joey, Monica and Phoebe know that the father left a red sweater at the apartment, so when Ross stops by and is relieved to find his sweater, they figure out he’s the dad-to-be.
“I’ve been looking for this for like a month,” he says, just after making a reference to the Yiddish-named snack, Mashuga Nuts.
The episode and the ad are apolitical. So why then are some people planning to cancel their Quince orders and boycott the company?
Schwimmer, many of the commenters on the ad are saying, is a Zionist.
“I don’t approve of you featuring a Zio in your ad,” one Instagram user commented. “Please do better.”
Schwimmer on Israel, antisemitism
Schwimmer has been outspoken about antisemitism since long before the Oct. 7 Hamas attacks on Israel and the ensuing war in Gaza. Over the course of his career, he’s spoken at multiple Anti-Defamation League events and called for other people to stand against hate, routinely saying, “Silence is complicity.”
The actor appears to have never explicitly identified as a Zionist, and his statements have focused more on galvanizing support for Jews and Israelis — rather than on the Jewish state. But this is of little importance to his critics.
His relationship with the ADL, a staunchly pro-Israel organization, is damning enough for some. Schwimmer also starred in an Israeli commercial for Meitav, an investment management company. The move puts him at odds with the growing Boycott, Divestment and Sanctions campaign, which stands against any financial relationship with Israel or Israeli companies.
After Oct. 7, Schwimmer put out a statement calling the Hamas attack an “atrocity” and a “genocide,” adding that any attempt to justify what happened is “indefensible and antisemitic.” In the same statement, he also touched on Palestinian suffering:
“One can condemn Hamas and still object to the Israeli government’s policies regarding the occupation (as many Israelis do), still believe in the Palestinian people’s right to self-determination, and still mourn the loss of Palestinian civilians and the current destruction of their homes, schools, hospitals and places of worship.”
He’s also been vocal about sexual violence that occurred on Oct. 7, sharing the controversial New York Times piece headlined “Screams Without Words,” that investigated allegations of sexual assault committed by Hamas during the attack. Critics of the piece have questioned the validity of the reporting and argued that one of its reporters is biased toward Israel. The Times has stood by the piece.
Additionally, Schwimmer has criticized universities’ responses to pro-Palestinian protests on campuses that he said have veered into antisemitism.
Schwimmer spoke at a 2025 ADL summit about the backlash he’s gotten for his advocacy, noting that while he’s been “attacked” and “abandoned,” he’s found deep meaning in speaking out and has no plans to stop. He concluded his speech calling on fellow celebrities to do the same.
“You don’t have to say anything political,” Schwimmer said. “No one is asking you to solve the conflict in the Middle East. Just say that you stand with your Jewish friends, colleagues and neighbors against hatred and discrimination.”
The controversy isn’t bothering Quince.
“We’ve seen more than 8 million views across our social channels in the first 48 hours, alongside international press coverage and recognition from the marketing community for the creative,” said Dakota Isaacs, head of brand strategy and narrative, in an email to the Forward. “It’s been especially rewarding to see fans connect with the humor and nostalgia while discovering Quince.”
The post This David Schwimmer sweater ad is playing on ‘Friends’ nostalgia. So why are commenters talking about Israel? appeared first on The Forward.
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Why I urged my parents to avoid the counterprotest in Philadelphia
Parents usually tell their children whether they can go out, but last week, on a phone call with my parents, our roles reversed, and I urged them not to join a Philadelphia food crawl with their friends. The event was organized in response to a bicycle rally calling for the boycott of six restaurants, all Jewish-owned, to “show these zionist business owners that we see them for the disgusting humans they are.”
The counterprotest intended to show solidarity with these businesses by patronizing and protecting them on the day of the protest, given the hostile framing of the boycott against the restaurants and their Jewish owners. However, I was concerned that it would be co-opted by pro-Israel partisans, who not only would instrumentalize it for their own agenda — one which, in my view, is actively detrimental to the fight against antisemitism — but would also stoke chaos and violence. It’s a film that’s played out time and again, including when I was an undergraduate at UCLA: A call is put out that Jews are under attack, counterprotesters mobilize in response, and anger quickly morphs into belligerence, hostility, and violence.
Fortunately, it appears that no one was seriously hurt during Sunday’s bike rally and counterprotest. As I had feared, though, some demonstrators became aggressive as verbal confrontations and scuffles broke out across Rittenhouse Square. While it’s likely that some of the pro-Israel demonstrators were there for the sole purpose of displaying that they are not “Jews with trembling knees,” others ostensibly were there because, as the names of two of the organizations behind it would suggest, they want to StopAntisemitism and EndJewHatred.
If those were the goals, the demonstration was an unmitigated disaster. And much of the discourse surrounding the boycott laid the groundwork for failure.
To many Jews, it may seem self-evident that the boycott was illegitimate and antisemitic. For the protesters, though, there seems to be a genuine inability to understand how it could be. They also seem unable or unwilling to condemn antisemitism.
Anger at the protesters is understandable, but if the goal is to stop antisemitism and end Jew hatred, it is important to address the root of the problem, which starts with understanding why the protesters might have such a profound misunderstanding of antisemitism.
For several decades, following the Six-Day War of 1967 and the Cold War period, pro-Israelism has been a core, essential feature of hegemonic anti-antisemitism advocacy. Groups like the ADL have made the phenomenon of so-called “new antisemitism” – a term that explains hostility toward Israel by claiming that the nation is maligned out of bigotry, as the proverbial Jew among the nations – a central focus of their work, especially in times of increased Israeli-Palestinian conflict.
Though this is hardly “new,” the stakes and intensity of attacks against the “new antisemitism” have been raised in a post–Oct. 7, post–destruction of Gaza reality. In effect, this approach has been successful in as much as it has led to a public perception that the fight against antisemitism and the fight in defense of Israel are the same fight, and cannot be separated.
As a result, when anti-Zionist, pro-Palestinian activists are accused of antisemitism or expected to condemn it, they view it as purely cynical — an attempt to delegitimize their movement rather than a true objection to how they have treated or spoken about Jews. This very refusal to condemn antisemitism is often read as itself antisemitic by many Jews. This “acrimonious circle,” as philosopher Brian Klug described it 13 years ago, could go on forever.
As the acrimonious circle spins and spins, there are a few options that groups fighting antisemitism can consider:
- They can continue pushing pro-Palestinian activists to see both condemning antisemitism and supporting Israel as intertwined moral duties.
- They can insist on that interconnection, but tell pro-Palestinian activists to choose combatting antisemitism no matter what their beliefs about Israel are.
- They can accept that pro-Palestinian activists will rarely condemn antisemitism at their own initiative, and deploy tactics of intimidation, bullying, harassment, and/or violence against them.
- They can accept that pro-Palestinian activists will rarely condemn antisemitism at their own initiative, and present condemning antisemitism as a human-rights oriented stance, in line with standing up for all marginalized people, including Palestinians.
The first option is the one that organizations like the ADL have often chosen. In its statement about the bike rally and boycott, the group said that criticism of Israeli government policies are acceptable, but discrimination is not. Criticisms that the ADL considers ipso facto discriminatory, however, include claims that Israel has committed the crimes of genocide and apartheid. As a result, activists lend the ADL and groups like it no credibility and will dismiss any of their condemnations out of hand.
The third option is what the protest on Sunday became. Any Philadelphian can tell you that a brawl in the middle of Rittenhouse Square during an Eagles game is far from unusual. But the fighting in this instance broke out because of the boycott — one side driven by a fervor that they needed to defend Jews facing an existential threat from anti-Zionists, the other driven by a fervor that they needed to bring justice to a city ravaged by what protesters believe are business-owning war criminals.
The second option is a sensible demand from a moral perspective. However, it is not a strategic one. The hard truth is that for many, though certainly not all, pro-Palestinian activists, the cause comes before all else, including standing up against antisemitism.
Therefore, the only way forward for Jews is the fourth option: to frame the fight against antisemitism as a fight for the rights of all people. This is not a perfect solution — no solution could be. There will always be some unwilling to oppose antisemitism no matter what tactic is deployed. However, it will make plain that there is no contradiction between condemning antisemitism and supporting Palestinian rights, that in fact the task is to support human rights universally and to condemn all who violate these rights. That necessarily includes standing against Israeli war crimes and its regime of inequality, and that includes condemning those who hold Jews as Jews complicit for Israel’s actions and condemning those who harass, intimidate, and scrutinize Jewish business owners for their presumed political stances.
My parents, fortunately, decided to remove themselves from the chaos of this day and went to support the targeted businesses as regular patrons on other days throughout the week. I was pleased to see that our rabbi, who leads one of the largest synagogues in Center City, made a point of trying to de-escalate tensions and confrontations from within the Philadelphia Jewish community, as well as highlighting the strength and vibrancy of Philly’s Jewish life on its own terms.
These are important, positive things we can do in the short term. That said, if we want long-term change to come from the pro-Palestinian movement – and I think this moment requires it – anti-antisemitism groups that cannot meet the moment must step aside and make room for those that are capable and prepared to frame the fight against antisemitism as a fight for, not against, fairness, justice, and equality for all.
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Israel approves $31.5 million plan to strengthen Jewish education in North America
(JTA) — JERUSALEM – Israel’s government has approved a NIS 100 million ($31.5 million) plan, initiated by Prime Minister Benjamin Netanyahu, to strengthen Jewish education in North America, a statement from his office said Wednesday.
Based on a partnership and joint investment with North American Jewish communities, the goal of the plan is to strengthen Jewish identity and ties to Israel among the next generation of Diaspora Jews in the United States.
The approval of the plan, which was developed with representatives of the Jewish Federations of North America (JFNA), follows a government decision made in June.
It comes a day after Israel’s parliament, the Knesset, was sworn in and two weeks after a national election left Netanyahu facing a battle to stay in power as his rival, Gadi Eisenkot, received the mandate to form the next government.
It also comes amid signs of growing disaffection among Diaspora Jews, particularly younger generations, toward Israel and the Netanyahu-led government. Recent polls suggest that support for Israel among Diaspora Jews, especially in response to its policies in Gaza and on matters of democracy, is slipping.
A February survey of American Jews by the Jewish Federations of North America found that only one-third of American Jews aged 18-34 identify as Zionist, even as nearly nine in 10 say they support Israel’s right to exist as a Jewish and democratic state.
A separate Pew poll in May examining American views of Israel found that Jewish attitudes have shifted since 2024. The survey found that 83% of Jews view the Israeli people favorably, down from 89% in 2024, while 47% view the Israeli government favorably, compared with 54% in 2024.
“The plan we approved today, in partnership with Jewish communities in North America, is an investment in the future generation of Diaspora Jews. Together, we will strengthen Jewish identity, deepen the connection to Israel and ensure that our heritage and values are passed proudly from generation to generation,” Netanyahu said in the statement.
“The future of the Jewish people depends on our ability to ensure that future generations know their heritage, connect to their Jewish identity and maintain their deep ties to the State of Israel,” he said, adding that Israel would not “stand idly by in the face of challenges,” such as antisemitism.
Under the framework of the plan, which will focus on increasing the number of students enrolled in Jewish educational frameworks, the Israeli government allocation will be matched 50% with funding from Jewish Federations and other non-governmental sources.
JFNA said in a statement that it welcomed the Israeli cabinet’s decision to invest in Jewish education across the U.S. and Canada, calling it an “unprecedented partnership between the Government of Israel and North American Jewish communities to strengthen Jewish identity and ensure a vibrant future for the Jewish people.”
“We are proud to launch this historic partnership with the Government of Israel to expand access and grow enrollment in Jewish day schools across North America,” said Gary Torgow, chair of the Board of Jewish Federations of North America.
Eric D. Fingerhut, JFNA’s president and CEO, said the partnership “reflected the shared commitment of Israel and North American Jewry to strengthening Jewish identity and expanding educational opportunities for more families.”
This article originally appeared on JTA.org.
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