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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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Lander unseats Goldman on winning congressional election night for Mamdani
Former City Comptroller Brad Lander handily defeated incumbent Rep. Dan Goldman in the New York Democratic primary Tuesday night, while lesser-known Assemblymember Claire Valdez secured the nomination for another House seat — both after campaigning as sharp critics of Israel and with the endorsement of Mayor Zohran Mamdani.
Preliminary results showed Lander with about 66% of the vote to Goldman’s 34%. Valdez won with 56% of the vote for the open seat being vacated by Rep. Nydia Velazquez. Both are virtually assured of winning the general election in November in their heavily Democratic districts.
A third candidate whom Mamdani had endorsed, former Columbia Gaza war encampment organizer Darializa Avila Chevalier, held a slight lead over Rep. Adriano Espaillat on Tuesday night.
Representing a spectrum ranging from liberal Zionist critic (Lander) to longtime activist for the Palestinian cause (Avila Chevalier), the strong results for Mamdani’s chosen candidates is being closely watched nationally in a Democratic Party where many voters say they want the U.S. to distance itself from Israel. All three candidates say they will support cutting off U.S. military aid to Israel, including for the Iron Dome defense system.
At a campaign rally last week, Mamdani compared the American Israel Public Affairs Committee to “monsters” who “move millions in dark money to accomplish a single goal — to preserve their power, so that they can turn us against one another.” The remarks drew widespread condemnation from Jewish leaders, including some Mamdani supporters.
Lander is a high-profile Jewish politician allied with Mamdani, who this election cycle threw his weight behind a slate of progressive candidates who have critiqued hardline pro-Israel money and use the terms “genocide” and “apartheid” to describe Israel’s actions in Gaza and the West Bank.
Setting out to challenge the incumbent, Lander zeroed in on Goldman’s support for U.S. military aid to Israel and his past ties to the campaign fundraising group AIPAC during the campaign.
Lander told the New York Times that criticizing AIPAC makes him “queasy” given “the antisemitic tropes at play,” but that he feels an obligation to call out its funding nonetheless as he promises to curtail U.S. military aid to Israel.
In NY-7, another candidate backed by Mamdani defeated the incumbent’s handpicked successor. democratic socialist Valdez won against Brooklyn Borough President Antonio Reynoso, who had the endorsement of outgoing Rep. Velázquez.
But Mamdani’s brand of Israel politics didn’t succeed everywhere: In the Bronx, Rep. Ritchie Torres — one of the Democratic party’s most staunch supporters of Israel — handily defeated Michael Blake, a former state assemblyman who allied with Mamdani during the mayoral primary last year.
For state comptroller, incumbent Thomas DiNapoli — who made additional purchases of Israel bonds in the aftermath of Oct. 7 — won over Jewish challenger Drew Warshaw, who argued that the state should divest from Israel bonds because they help “finance Israeli Prime Minister Benjamin Netanyahu’s wars.”
State Assemblymember Micah Lasher won the race to succeed Rep. Jerry Nadler, who retired after 33 years in the House and served as one of Congress’ leading voices for liberal Jews. In that race, the leading candidates Lasher and Alex Bores had broad agreement in their support of Israel.
The other candidate in the race, Kennedy political scion Jack Schlossberg, had called for conditioning aid to Israel and attempted to draw contrast with Bores and Lasher on the issue. But Schlossberg’s campaign struggled to gain traction amid questions about his lack of political experience.
The post Lander unseats Goldman on winning congressional election night for Mamdani appeared first on The Forward.
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Pro-Israel Democrats battle to take on vulnerable Republican Rep. Mike Lawler
(New York Jewish Week) — Voters in New York’s Hudson Valley on Tuesday are choosing a Democrat to challenge the staunchly pro-Israel Republican Rep. Mike Lawler in a heavily Jewish swing district.
Two candidates have emerged as frontrunners in the Democratic primary in New York’s 17th Congressional District, a suburb of New York City that includes about 30,000 Orthodox Jews.
Cait Conley, a military veteran and former national security adviser, leads by double digits in polls this month and prediction markets over Beth Davidson, a member of the Rockland County Legislature who has highlighted her Jewish identity. A poll from Tavern Research last week found that 28% of voters were still undecided as the election approached.
Both are appealing to residents anxious about the cost of living, housing, healthcare and foreign conflicts. The winner will also aim to claw back moderate voters who supported Lawler, one of the most vocally pro-Israel members of Congress and a representative who has forged close ties with Orthodox Jewish voters.
Davidson and Conley have both said they support the United States alliance with Israel while opposing actions by Israeli Prime Minister Benjamin Netanyahu’s government. During a candidate forum in April, they distanced themselves from Democratic efforts in the Senate to block certain military sales to Israel.
Polling far behind Conley and Davidson is Effie Phillips-Staley, a progressive who says Israel is an apartheid state that has committed genocide in Gaza.
Conley and Davidson say they are marrying pro-Israel views with a liberal agenda, including fighting President Donald Trump. Davidson told the Jewish Telegraphic Agency that she wants to create a political home for “Jews that have felt lost in the Democratic party.” She previously served on the board of her White Plains synagogue, Beth Am Shalom, and has touted Jewish values as driving her public service, including tikkun olam, or repairing the world, and welcoming the stranger.
Conley has presented her military experience as an advantage. A former national security adviser in the Biden administration, she has said that she supports a two-state solution to the Israeli-Palestinian conflict and views Israel as a critical national security ally.
The winner will face off with Lawler, who has become so closely identified with the district’s Jewish community that he was recently attacked in comments by Sen. Rand Paul’s son, William Paul, who accused the lawmaker of being one of “you people,” although Lawler is not Jewish.
Often working with Democrats, Lawler has proposed a spate of legislation aimed at supporting Israel since he entered Congress in 2023. He co-sponsored the bipartisan Antisemitism Awareness Act, which would require the Department of Education to codify the International Holocaust Remembrance Alliance’s definition of antisemitism, a move championed by major Jewish groups and criticized by progressives for classifying some forms of Israel criticism as antisemitic. The bill passed in the House in 2024 but stalled in the Senate amid free speech concerns and was reintroduced in the House last year.
Lawler also introduced in 2024 the bipartisan Stand with Israel Act, which seeks to halt funding for United Nations agencies that “expel, downgrade, suspend, or otherwise restrict the participation of the State of Israel.” His bipartisan 2025 Bunker Buster Act seeks to equip Israel with massive bombs to target Iran’s nuclear infrastructure.
This year, Lawler has partnered with Democrats on two new measures that he says will combat antisemitism. The Jewish American Security Act introduced this month proposes expanding federal security support for Jewish institutions, and a House resolution from April condemns leftist streamer Hasan Piker and far-right podcaster Candace Owens for “antisemitic hate-filled rhetoric and content.”
Phillips-Staley represents the rising progressive wing of the Democratic party that is sharply critical of Israel, differentiating herself from Lawler as well as Conley and Davidson. Phillips-Staley has said that her views solidified after she traveled to Israel and the West Bank in February. She was criticized by some Democratic officials for doing an interview with Piker.
She told JTA in March that many Jewish residents supported her belief that Israel has committed genocide and the United States should sever military aid.
“I get the most encouragement, from lots of people, but a lot of encouragement from Jews who really challenged me, especially in the beginning, to be brave and say it like it is,” said Philips-Staley.
Republicans are suspected of jumping into the late stage of the race by funding a shadowy new group called Progressive Champions PAC, which mirrors GOP efforts to influence other Democratic primaries nationwide. Davidson publicly disavowed the PAC, which has spent $1.5 million on ads attacking Conley for her contract work for an AI company that works with the Department of Homeland Security, according to the Cook Political Report.
The primary winner will quickly rocket to national prominence in the general election, as Lawler’s seat is considered one of the most likely to flip in November. Democrats outnumber Republicans in the district, which former presidential candidate Kamala Harris won by less than one percentage point in 2024.
The post Pro-Israel Democrats battle to take on vulnerable Republican Rep. Mike Lawler appeared first on The Forward.
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Primary battle between rabbi and Jewish lawyer is a referendum on Mamdani and buffer zones
(New York Jewish Week) — A primary race on New York’s Upper West Side for a state legislative battle pits a rabbi against a Jewish lawyer in a referendum on where Jews stand on Mayor Zohran Mamdani and on the right to protest outside houses of worship.
Stephanie Ruskay would be the first female rabbi elected to state office in U.S. history. Her opponent is the Mamdani-endorsed Eli Northrup, a public defender and the grandson of a Jewish civil rights lawyer who worked on Supreme Court cases to combat antisemitism and racial segregation in the 1950s.
The hotly contested Democratic primary is for the State Assembly’s District 69, which covers much of the Upper West Side and all of Morningside Heights, including the Columbia University campus roiled in 2024 by pro-Palestinian protests over Israel’s actions in Gaza.
Endorsements tell a story of two New York establishments vying over prime legislative real estate: Mamdani’s Israel-critical progressives facing off against the city’s storied Jewish liberals.
Along with Mamdani’s blessing, Northrup has won prized endorsements from left-wing icons who ran now legendary insurgent campaigns: Vermont Sen. Bernie Sanders, whose energetic presidential primary run in 2016 helped doom Hillary Clinton’s presidential run; and New York Rep. Alexandria Ocasio-Cortez, whose ouster of top Democrat Joseph Crowley in a 2018 primary paved the way for the youthful congressional “Squad.” Mamdani has roiled this election season with endorsements of democratic socialists challenging incumbent congressional Democrats.
Ruskay has been endorsed by leading Jews in New York politics, such as City Council Speaker Julie Menin, City Comptroller Mark Levine, Manhattan Borough President Brad Hoylman-Sigal and former Borough President Ruth Messinger. She also has the backing of ActJew, a nonprofit focused on combating antisemitism, and the New York Solidarity Network, a pro-Israel group.
Ruskay and Northrup, who both identify as progressives, are battling in a neighborhood where nearly one-third of households are Jewish. The Assembly seat opened in the fall when current Assembly member Micah Lasher, who is also Jewish, decided to run for Congress.
The district overwhelmingly supported Mamdani in the 2025 mayoral race, when his sharp criticism of Israel broke with the city’s Democratic establishment and fomented ongoing tensions with segments of the Jewish community.
Northrup is a full-throated supporter of the mayor who volunteered for his campaign. Ruskay has voiced more tepid views on Mamdani, acknowledging that many Jewish New Yorkers disagreed with his views about Israel.
“When we agree, I’ll be very excited to work together, and when we don’t agree or when I know that I represent people who have a very different perspective from what’s happening, then my job is to bring that into the room,” Ruskay told the Jewish Telegraphic Agency in December.
Ruskay joined New York’s annual Israel Day Parade in May, which Mamdani skipped. She said on X that she was “proud” to attend the gathering, which she described as a reminder of “the deep bonds between New York’s Jewish community and Israel, and of the strength, resilience, and vibrancy of Jewish life.”
Northrup has resisted the long tradition among Jewish Democrats of identifying as a Zionist. “I don’t know that it’s serving us to be categorizing people as Zionist or anti-Zionist,” he told JTA last month. “I certainly don’t see myself in those terms.”
Both candidates have cited their faith and Jewish values as driving their politics. They agree on building more affordable housing, filling the district’s many vacant storefronts, supporting unions and enforcing labor laws. Both have also voiced their commitment to fighting President Donald Trump and his crackdown on immigration.
One of their rare areas of disagreement is the fight over “buffer zones” to insulate synagogues from protests, a flashpoint in New York politics. The city and state both recently passed legislation that restricts demonstrations outside houses of worship. Some Jewish leaders and lawmakers championed the measures in the aftermath of a string of pro-Palestinian rallies outside synagogues, which were hosting events that promoted migration to Israel and real estate sales in Israel and the West Bank.
Ruskay supports the buffer zones. She has argued they are necessary to protect Jews from intimidation, saying during a candidate forum in May, “In the world as we wish it was, I don’t think that you should have [to] have a buffer zone. But in the world that we actually live in right now, I think that we do need one.”
Northrup, meanwhile, said in the forum that outlawing protest within a certain distance of an institution “wouldn’t pass constitutional muster,” citing Planned Parenthood and the ACLU. He told JTA that buffer zones were more symbolic than effective in addressing rising antisemitism, and that he instead supported multifaith education and building alliances across communities.
Various civil rights groups and Jewish progressives, such as Jews for Racial & Economic Justice, have said that buffer zone laws infringe on free speech and assembly. JFREJ has endorsed Northrup.
Northrup’s skepticism of the laws aligns with Mamdani’s views. The mayor resisted signing the City Council’s buffer zone bill pertaining to houses of worship, though it became law with a veto-proof majority, and he vetoed a separate bill implementing buffer zones around schools.
Ruskay has received $25,000 from the American Centerpoint PAC, which was formed on June 11, according to City and State. The PAC’s sole contributor was Adeena Rosen, a key figure in the Solidarity PAC that boosted pro-Israel candidates in 2024 state races.
In a race lacking publicly available polls, fundraising is a significant indicator. The candidates were neck-and-neck in fundraising on Election Day, with Ruskay gathering $436,381 and Northrup raising $443,522, according to Transparency USA.
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