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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.”

—
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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Somerville councilors to discuss Israel divestment proposal

(JTA) — SOMERVILLE, Mass. — The issue of divestment from Israel returns to the Somerville City Council in Massachusetts on Tuesday night as lawmakers plan to discuss how to implement a nonbinding ballot question on the matter that passed last year.

The divestment push has divided the city of more than 84,000 residents, which has a long-standing Jewish population. It is located between Cambridge, home to Harvard University, and Medford, a city with which it shares the Tufts University campus.

After Question 3 passed with 55.7% of the residents’ vote in November 2025, the City Council that same month passed a resolution committing to work toward an ordinance within a year to enact the ballot’s goals.

The measure to that effect, introduced in June, would bar the city from investing in or procuring labor, services or goods from companies that support entities identified by the ordinance as violating international law, including Israel.

Unlike the divestment proposal awaiting a November ballot vote in Providence or the binding human rights divestment ordinance passed by Medford’s city council in 2025, the Somerville ordinance specifically mentions Israel and Palestine.

In response to the push for a binding ordinance, 74 registered voters in Somerville submitted a petition for a hearing, which was held in September, before final action is taken, citing concerns about its impact on the city. The issue has now moved to the city’s Legislative Matters Committee, which is meeting Tuesday night.

Among the groups opposing divestment is Shalom Somerville, which submitted the September petition stating that “the sense of belonging and safety experienced by Jewish, Israeli and other residents of diverse backgrounds” is at risk as a result of the ordinance.

Sam Gechter, co-founder and president of Shalom Somerville, said that the ordinance singles out Jews who support Israel, which makes it antisemitic. Deputy City Solicitor David Shapiro also advised in November 2024 that such an ordinance would be “likely invalid,” according to a letter from the Anti-Defamation League and the Louis D. Brandeis Center for Human Rights Under Law.

“I think it’s incredibly irresponsible,” Gechter said, suggesting that the ordinance would slow down governmental action. “But the biggest thing for me is that it makes Jews feel unwelcome in Somerville.”

A local organization, Somerville for Palestine (S4P), has been a driving force behind both the ballot question and the ordinance, which the group developed in collaboration with sponsoring city councilors Ben Ewen-Campen, Ben Wheeler, Wilfred N. Mbah and Jon Link. “It’s what people voted for,” said Mo Katz-Christy, a member of S4P’s leadership and Jewish Caucus. “We want to follow the will of the people.”

The ADL issued a statement condemning the ordinance in June. It also joined the Brandeis Center in issuing a letter calling the proposal an unconstitutional intrusion into foreign affairs.

Other Jewish organizations disagree. Jewish Voice for Peace Boston has worked closely with S4P to back the measures. “I don’t think that those objections have validity,” said Eli Gerzon, a longtime member of JVP. “As a Jewish organization, we are especially concerned that ‘never again’ really means what it says: never again, that we never let a Holocaust, a genocide happen.”

This article originally appeared on JTA.org.

The post Somerville councilors to discuss Israel divestment proposal appeared first on The Forward.

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A major Jewish museum hopes to join the Smithsonian – at a difficult moment for the storied institution

(JTA) — Philadelphia’s Weitzman National Museum of American Jewish History is moving closer to becoming part of the Smithsonian Institution at a moment of significant upheaval for the storied museum network.

A new congressional commission will study whether to make the museum part of the Smithsonian. Its members were sworn in Tuesday, when they also held their first meeting.

In an exclusive interview with the Jewish Telegraphic Agency, the commission’s new chair Philip Darivoff, a former longtime chair of the Weitzman, and vice chair Dara Horn, a New York Times bestselling author, said that the Weitzman joining the Smithsonian would send a powerful message that Jews are a crucial component of the history of the country.

“It’s a different statement that our country makes when it says that the study of Jewish American history and culture is important to this nation,” Darivoff said. Both he and Horn also hope that a boost in the Weitzman’s profile could combat what they called an “epidemic of ignorance” among Americans when it comes to knowledge of Jewish history and culture.

“This really would be an elevation of the Jewish community,” Horn, author of “People Love Dead Jews” and “The Final Solution to the Jewish Question,” told JTA. “The place that Jews show up in a school curriculum is typically more about the Holocaust” — an area that the author has written critically about in the past as too limiting a view of Jewish life.

Horn believes in the Weitzman project, she said, because she hopes to emphasize the ways that Jews have contributed to American founding ideals such as religious pluralism.

“I’m really interested in the connections between the Jewish story and a lot of our foundational ideas in this country,” she said. Jewish ideas such as the Exodus from Egypt in the Passover story “were inspiring to Americans,” she added.

The wheels for the Weitzman joining the Smithsonian began turning in 2024, when Congress passed legislation in 2024, then signed by President Biden, to establish the commission. The group spent the next two years putting the commission together, and has two years from its first meeting to research and publish a report on the feasibility of such a move — though Darivoff said he hopes to finish the work well before the deadline.

Adding a new member to the Smithsonian has been known to take years, if not decades. The two most recent additions, the National Museum of the American Latino and the American Women’s History Museum, were both long in the works.

Founded in 1976, the Weitzman is already an existing, fully functioning institution — and also already a Smithsonian affiliate, meaning it can share resources with other museums in the system. Unlike a museum being built from scratch, the Weitzman already has a building and collection, which proponents hope could speed the process.”

Dan Tadmor, the Weitzman’s CEO, told JTA that joining the Smithsonian would improve their educational mission.

“We have a national footprint for our educational programming, but of course we’d like to widen it,” he said. “Who would say no to a curriculum that’s been developed by a Smithsonian museum?”

The Weitzman’s bid for increased prominence within the Smithsonian comes as the Trump administration has sought to exert greater control over the latter — home to such storied institutions as the National Museum of American History, the National Portrait Gallery and the National Zoo.

This summer the White House issued a report alleging “radical ideology” in the museums’ content, and Interior Secretary Doug Burgum recently announced plans for signs accusing Smithsonian leaders of ideological bias. Observers say such signs are indicative of larger administration priorities opposing the teaching of historical subjects such as slavery. Smithsonian Secretary Lonnie Bunch III is stepping down at the end of the year.

A representative from the Smithsonian declined to comment to JTA on the Weitzman’s bid, or on its current political conditions.

The commission’s chair and vice chair of the new Weitzman said that the current political upheaval shouldn’t affect their work. The Smithsonian, Horn said, “has lasted through many political winds.”

“I think we see this as a long-term project that’s about the place of Jewish Americans in this country’s history,” Darivoff said. “The Smithsonian is a really important institution for this country, and it is the great museum complex of our nation. God willing, it will be flourishing for centuries to come. It’d be an honor to be included in the Smithsonian.”

This article originally appeared on JTA.org.

The post A major Jewish museum hopes to join the Smithsonian – at a difficult moment for the storied institution appeared first on The Forward.

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Two deaths in Manchester synagogue attack last year will be probed through public inquiry, Britain says

(JTA) — The deaths of two Jewish men in an attack on a synagogue in Manchester last year will be examined through a public inquiry, the British home secretary announced on Monday, a necessary step to include sensitive information in the investigation.

Melvin Cravitz and Adrian Daulby were killed during the attack on Yom Kippur on Oct. 2, 2025, when Jihad Al-Shamie rammed a car into a group of worshippers outside the Heaton Park Hebrew Congregation in Manchester and stabbed two people. Cravitz died from stab wounds and another man, Andrew Franks, was seriously injured but survived. Daulby was shot by police while blocking the synagogue doors to stop Al-Shamie from entering. Two other people were seriously injured.

Al-Shamie, a Syrian-born British citizen, said he was acting for the Islamic State, also known as ISIS, before police shot him dead.

Home Secretary Shabana Mahmood announced the public inquiry in a statement about national security at the House of Commons, saying that “what happened that day must be fully understood.”

“This will ensure that all evidence can be heard, including any sensitive national security material that could not otherwise be fully heard in the coroner’s court,” said Mahmood.

Judge Alexia Durran, the chief coroner of England and Wales, was overseeing inquests into the deaths of Cravitz and Daulby. Durran last month recommended that Mahmood convert the inquests into a public inquiry, following statements from Home Office lawyers that some information from MI5 would be withheld from open court due to national security concerns. A full investigation that involves hearing sensitive material in private requires a public inquiry.

Earlier this year, Greater Manchester Police’s chief constable Stephen Watson said he was “deeply sorry” for a “missed opportunity” to uncover the plot against the Heaton Park synagogue. Watson made the apology after prosecutors revealed that Al-Shamie had two prior arrests for allegedly breaching a non-molestation order and alleged rape, and his mobile devices were not examined until after the synagogue attack.

Mahmood listed “a series of attacks on our Jewish community” in the year since the synagogue attack, including the stabbing of two Jewish men in the London neighborhood of Golders Green, a spate of arson attacks and a “foiled but potentially lethal plot” against Jews in Manchester on the eve of Yom Kippur last month. In the last case, two Iranian men have been charged with terrorism offenses.

“Faced with the threat posed to our Jewish community, we have increased funding to the police by an additional £250 million to boost police presence in key Jewish areas and to tackle antisemitism on our streets,” said Mahmood.

She added, “I know we cannot simply build higher walls around our Jewish community and expect them to live in fear. So we must root out the evil of antisemitism wherever it lurks in society, and this government is committed to that effort.”

Mahmood’s announcement comes days after the Home Office released data showing that hate crimes against Jewish people in England and Wales rose 10% in the year ending in March.

Mahmood said the United Kingdom was aware that “the Iranian state is targeting our Jewish community,” adding that the threat posed to Jews demonstrated “how the lines are increasingly blurring between extremism and state threats.”

The post Two deaths in Manchester synagogue attack last year will be probed through public inquiry, Britain says appeared first on The Forward.

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