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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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Trump Wants Say on Iran’s Next Leader, Claims Tehran Calling US About a Deal
US President Donald Trump speaks on the day he honors reigning Major League Soccer (MLS) champion Inter Miami CF players and team officials with an event in the East Room of the White House in Washington, DC, US, March 5, 2026. Photo: REUTERS/Jonathan Ernst
US President Donald Trump claimed the right to join Iran in deciding its next leader as the war escalated on Thursday, with US and Israeli jets hitting areas across the country and Gulf cities coming under renewed bombardment.
In a phone interview with Reuters, Trump said Mojtaba Khamenei, the son of the late Supreme Leader Ali Khamenei – a hardliner who has been considered a favorite to succeed his father – was an unlikely choice.
“We want to be involved in the process of choosing the person who is going to lead Iran into the future,” he said.
Trump also encouraged Iranian Kurdish forces to go on the offensive.
“I’d be all for it,” said Trump, whose administration has had contact with Iranian Kurdish groups since the US-Israeli strikes began. He would not say whether the United States would provide air cover for any Kurdish offensive.
The attack is a major political gamble for the Republican president, with opinion polls showing little public support and Americans concerned about the rise in gasoline prices caused by disruption to energy supplies. Trump dismissed that concern.
He said later in the day that Tehran was reaching out to the United States about making a deal amid US and Israeli strikes on Iran, adding that further action to reduce pressure on oil was imminent.
“They’re calling, they’re saying ‘how do we make a deal?’ I said you’re being a little bit late,” said Trump, speaking at an event with the Inter Miami soccer team at the White House.
Trump touted the US military actions in Iran, saying they were destroying Tehran’s missile and drone capability and that “their navy is gone – 24 ships in three days,” as he called on Iranian diplomats to request asylum and help shape a better country.
“We also urge Iranian diplomats around the world to request asylum and to help us shape a new and better Iran,” he said.
ISRAELIS WARN TEHRAN RESIDENTS
On the war’s sixth day, Iran launched a series of attacks on Israel, the United Arab Emirates, and Qatar. Fire crews in Bahrain extinguished a blaze at a refinery following a missile strike.
Two drone attacks targeted an Iranian opposition camp in Iraqi Kurdistan, as well as an oil field operated by an American firm, security sources said.
The Israeli military warned residents to evacuate areas including eastern Tehran, while Iranian media reported blasts were heard in various parts of the capital. An air attack killed 17 people in a guest house on a road northwest of the capital, Iranian state television said.
MANY MUNITIONS, IRAN‘S ATTACKS DROPPED
US Defense Secretary Pete Hegseth and Admiral Brad Cooper, who leads US forces in the Middle East, said that the US has enough munitions to continue its bombardment indefinitely.
“Iran is hoping that we cannot sustain this, which is a really bad miscalculation,” Hegseth told reporters at Central Command headquarters in Florida. “Our munitions are full up and our will is ironclad.”
Cooper said the US had now hit at least 30 Iranian ships, including a large drone carrier that he said was the size of a World War Two aircraft carrier. He added that B-2 bombers had in the past few hours dropped dozens of 2,000 penetrator bombs targeting deeply buried ballistic missile launchers, and that bombings were also targeting Iran‘s missile production facilities.
Iran‘s ballistic missile attacks had decreased by 90% since the first day of the war, while drone attacks had decreased by 83% in that time frame, he said.
WARNING SIRENS BLARE IN MULTIPLE NATIONS
Azerbaijan on Thursday became the latest country drawn in, as it accused Iran of firing drones at its territory and ordered its southern airspace closed for 12 hours. Iran, which has a significant Azeri minority, denied it had targeted its neighbor, but the episode underlined how rapidly the war has spread since the surprise US and Israeli airstrikes that killed Khamenei on Saturday.
Along with the gleaming cities of the Gulf, in easy range of Iranian drones and missiles, Cyprus and Turkey have both been targeted. European nations have pledged to deploy ships to the eastern Mediterranean and hostilities have been seen as far afield as waters off Sri Lanka, where a US submarine sank an Iranian warship on Tuesday, killing 80 crew members.
In Iran, at least 1,230 people have been killed, according to the Iranian Red Crescent Society, including 175 schoolgirls and staff killed at a primary school in Minab in the country’s south on the first day of the war. Another 77 have been killed in Lebanon, its Health Ministry says. Thousands fled southern Beirut on Thursday after Israel warned residents to leave.
NETANYAHU SAYS ‘MUCH WORK STILL LIES AHEAD’
Shares on Wall Street fell on Thursday, weighed by surging oil prices, as the economic impact of the campaign intensified, with countries around the world cut off from a fifth of global supplies of oil and liquefied natural gas and air transport still facing chaos and global logistics increasingly snarled.
On Thursday, Iran‘s Revolutionary Guards said they had hit a US tanker in the northern part of the Gulf and the vessel was on fire, the latest of numerous reports of such attacks.
Visiting an air force base in the south of the country, Israeli Prime Minister Benjamin Netanyahu said Israel’s achievements so far in Iran had been “great” but that “much work still lies ahead.”
Iran‘s foreign minister said Washington would “bitterly regret” the precedent it had set by sinking a ship in international waters without warning. A commander of the Revolutionary Guards, General Kioumars Heydari, told state TV: “We have decided to fight Americans wherever they are.”
The body of Supreme Leader Ayatollah Ali Khamenei, killed in the first hours of the US-Israeli air campaign in the first assassination of a country’s top ruler by an airstrike, had been due to lie in state in a Tehran prayer hall from Wednesday evening to launch three days of mourning.
But the memorial, expected to draw many thousands of mourners to the streets, was abruptly postponed.
Two sources familiar with Israel’s battle plans said that Israel, having killed many Iranian leaders, was now planning to enter a second phase when it would target underground bunkers where Iran stores its missiles.
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Israel Decided to Kill Khamenei in November, Defense Minister Says
Israel’s Defense Minister Israel Katz and his Greek counterpart Nikos Dendias make statements to the press, at the Ministry of Defense in Athens Greece, Jan. 20, 2026. Photo: REUTERS/Louisa Gouliamaki
Israel took the decision to kill Iran’s Supreme Leader Ali Khamenei in November and was planning to carry out the operation around six months later, Defense Minister Israel Katz said on Thursday.
Khamenei was killed in the first hours of the US-Israeli air campaign that began on Saturday in the first assassination of a country’s top ruler by an airstrike.
The joint air assault is nearing the end of its first week after opening salvos killed the country’s leaders and set off a regional war, with Iranian attacks in Israel, the Gulf and Iraq, and Israeli attacks against Iran’s ally Hezbollah in Lebanon.
“Already in November we were convened with the prime minister in a very tight forum and the prime minister [Benjamin Netanyahu] set the goal of eliminating Khamenei,” Katz told Israel‘s N12 TV news. The timing was set for mid-2026, he said.
The plan was eventually shared with the Washington and brought forward around January after protests broke out Iran, when Israel was concerned its pressured clerical rulers might launch an attack against Israel and US assets in the Middle East, Katz said.
Israel has said its aim is to eliminate the existential threat it sees in Iran’s nuclear program and ballistic missile project, and to bring about regime change. Iran’s rulers have so far shown no sign of relinquishing power.
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China in Talks With Iran to Allow Safe Oil and Gas Passage Through Hormuz, Sources Say
An oil tanker unloads crude oil at a crude oil terminal in Zhoushan, Zhejiang province, China, July 4, 2018. Picture taken July 4, 2018. Photo: REUTERS/Stringer
China is in talks with Iran to allow crude oil and Qatari liquefied natural gas vessels safe passage through the Strait of Hormuz as the US-Israeli war on Tehran intensifies, three diplomatic sources told Reuters.
The war, which entered its sixth day on Thursday, has left the critical shipping passageway all-but shut, with countries around the world cut off from a fifth of global oil and liquefied natural gas supplies.
China, which has friendly relations with Iran and relies heavily on Middle Eastern supplies, is unhappy about the Islamic Republic’s move to paralyze shipping through the Strait and is pressing Tehran to allow safe passage for the vessels, according to the sources.
The world’s second-largest economy gets about 45% of its oil from the Strait.
Ship tracking data showed a vessel called the Iron Maiden passed through the Strait overnight after changing its signaling to “China-owner,” but far more sailings will be needed to calm global markets.
Crude oil prices are up more than 15% since the conflict began amid production stoppages as Tehran attacks energy facilities in the Gulf as well as ships crossing the Strait.
Its missiles have also reached as far afield as Cyprus, Azerbaijan, and Turkey, destabilizing global markets and prompting major economies to warn about inflation risks.
Crude tanker transits through the strait fell to four vessels on March 1, the day after hostilities broke out, versus an average of 24 a day since January, Vortexa vessel-tracking data showed.
Around 300 oil tankers remain inside the Strait, according to Vortexa and ship tracker Kpler.
Sugar industry veteran Mike McDougall told Reuters that Middle East sugar executives say there are some ships transiting the Strait at the moment, all of which are either Chinese or Iranian-owned.
Jamal Al-Ghurair, the managing director of Dubai-based Al Khaleej Sugar, told Reuters some ships carrying sugar are currently allowed to pass through the Strait while others are not, without giving further details.
Iran‘s government said earlier in the week that no vessels belonging to the United States, Israel, European countries or their allies would be allowed to pass through the Strait of Hormuz, but the statement made no mention of China.