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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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Germany’s far-right victory in eastern state election portends ‘disaster’ for centrists
(JTA) — The far-right Alternative for Germany’s victory in the northeastern state of Mecklenburg-Western Pomerania, its second in the region in as many weeks, underscores the growing popularity of the anti-immigration, nationalist party at the expense of the country’s political center.
The center-right Christian Democratic Union, German Chancellor Friedrich Merz’s party, had its worst result in any state or federal election with just 4.9% of the vote, falling short of the 5% minimum needed to enter the legislature. It’s the first time in history the party was shut out of a state parliament.
Merz himself admitted the result was a “disaster” for the CDU, saying he would remain chancellor and press on with his economic reform agenda.
The AfD won 38.2%, according to preliminary results in the sparsely populated state on the Baltic Sea, home to some 1.6 million people. The AfD’s result on Sunday more than doubled its 16.7% share in the state’s last election in 2021.
The party’s rise in the east signals it is breaching the consensus of Germany’s liberal, multicultural order and meticulously built barriers against the far right since the Nazi era. Two weeks ago, the AfD crushed its opponents in Saxony-Anhalt, sending shockwaves through Europe.
At the same time, the socialist Left Party swept to victory on Sunday in Berlin, challenging centrist coalitions from the other side of the political spectrum. Such coalitions have long dominated the country but are now fighting to keep alienated voters amid economic stagnation and global instability.
In Mecklenburg-Western Pomerania, the AfD was followed closely by the center-left Social Democrats (SPD) with 35.5% of the vote. The SPD outperformed opinion polls under the leadership of state premier Manuela Schwesig, who cast herself as a bulwark against the AfD while promising to strengthen the economy, education and social services. The Left Party trailed with 6.5% and the Greens with 5.7%.
Despite winning the largest share of votes, the AfD could struggle to form a government without an outright majority in Mecklenburg-Western Pomerania. Other large parties have refused to work with the AfD, which advocates for deporting refugees, opposing multiculturalism, protecting “German identity,” abolishing current public broadcasting and ending sanctions on Russia. The SPD could form a left-leaning coalition with the Left Party and the Greens.
In Saxony-Anhalt, the AfD also fell short of a majority with almost 44% of the vote, but has a greater chance of forming a government. The party is currently negotiating to govern with the Sahra Wagenknecht Alliance (BSW), a populist party with left-wing and right-wing positions that won 5.3% of the vote.
Leif-Erik Holm, the AfD’s candidate for state premier in Mecklenburg-Western Pomerania, said on election night that his party had a “mandate to govern.” He later acknowledged to the public broadcaster NDR that the AfD is ultimately unlikely to be part of a governing coalition, but said he expected the other parties to be “open to dialogue.”
Alice Weidel, the AfD’s national co-chair, celebrated the Mecklenburg-Western Pomerania result in an interview with the broadcaster ZDF.
“We are the strongest force and have reached the mainstream of the population, and we are the new people’s party in Germany,” said Weidel.
This article originally appeared on JTA.org.
The post Germany’s far-right victory in eastern state election portends ‘disaster’ for centrists appeared first on The Forward.
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Coexistence is the only way and one state is a fantasy
For some time now, right-wing Zionists and left-wing Anti-Zionists have been mirror images of one another, both insisting on a one-state solution for Israelis and Palestinians. To be sure, the visions are different: one is of a Jewish-dominated ethnostate with a permanently subjugated non-Jewish minority, the latter either a utopian democratic fantasy or a violent, forced reversal of 1948.
As different as they are in some respects, though, both visions are delusions.
Clearly, many on the left still want to reverse 1948, to remove the “settler-colonialist Zionist entity” from the land and return control of it to its indigenous Palestinian inhabitants. (Never mind that the boundaries of Palestine and their demarcations of identity are, themselves, relics of colonialism.) Setting aside the virtues of these goals, it would be entirely unprecedented for a state to self-destruct in this way.
The model, of course, is apartheid-era South Africa. But whatever similarities Israel does or does not have to that state, there are critical differences as well. Most importantly, apartheid ended because of a combination of factors: international pressure (the original Boycott / Divestment / Sanctions campaign); the moral leadership of figures like Nelson Mandela; but also the fact that, by the late 1980s, nearly half the white South African population was itself opposed to apartheid, and elected a leader, F.W. de Klerk, who pledged to end it and did.
There is no analogue in present-day Israel. The upcoming Israeli elections are about many things, but the continued existence of Israel as a Jewish state is not one of them. Nor is the maximalism, ferocity, and one-sidedness of the left likely to somehow persuade Israeli Jews that erasing the Jewish state would be a good idea. Quite the contrary.
Which means that the only way to return to 1947 would be by force: an international military campaign against a nuclear power that has no intention of removing itself from the map and whose population believes it has nowhere else in the world to go. Needless to say, this scenario is as implausible as it is evil.
Of course, BDS advocates would claim that economic sanctions, the suspension of foreign aid, and international opprobrium would be enough to cause the Jewish state to voluntarily evolve into a non-Jewish, binational democracy. But the vast majority of Israel’s seven million Jewish citizens are resolutely opposed to such a change, and without military force, externally-mandated ‘regime change’ rarely happens: just look at Iran, North Korea, and occupied Tibet.
And what about the Palestinians? Does anyone truly believe that seven million Palestinians, most of whom understand themselves to be occupied, displaced, subjugated, and repressed by the state of Israel, are interested in joining hands with the same Israelis who have oppressed them for seven decades to create a new state free from ethno-nationalist trappings? Of course not. They want a state of their own, which they deserve. They, like Israelis, want to be in charge of their own destinies, to promote their own cultures, to build a society that reflects who they are and who they aspire to be.
Now, ‘two states’ may take many shapes: geographical contiguous entities, or a confederation of two governmental authorities, or others. But in some form, Palestinians and Israelis must be in charge of themselves.
This may not be an ideal arrangement, but it is the only pragmatic one. In principle, I am sympathetic to the arguments that any kind of ‘special’ nationalism, including ethno-nationalisms like Zionism, will inevitably lead to the extremism we now see in much of Israel, Europe, and the United States. In the Israeli world, such arguments were made by Yeshayahu Leibowitz and Adin Steinsaltz decades ago, and were recently discussed in a fascinating online back-and-forth between Shaul Magid and Irwin Kula. Perhaps, in retrospect, a ‘thick’ patriotism like Zionism was a mistake and Israel should only have aspired to be, as many of its initial founders wanted, a state like any other. Maybe, as soon as Zionism became religiously significant (to Israelis and non-Israelis alike), the stakes became too high.
But as the Talmudic rabbis said, avar zmano batel korbanо — basically, the horse has left the barn. Israel as a Jewish state is a reality and the overwhelming majority of Israelis want it to continue. It is not South Africa, and the dream of one democratic state from the river to the sea is a pipe dream with no tether to the actual realities of the 14 million people who live there.
And then there’s the fantasy on the Right, which is even darker.
The Right, too, wants one state from the river to the sea, only this state is an ethno-nationalist, non-democratic Greater Israel built on repression and minority rule. And (as Abdul El-Sayed aptly noted) unlike the Left, it has been building that reality on the ground for three decades now, most recently in its sociocide of Gaza and its policy of hachraah (compulsion) in the West Bank, which a recent BTzelem report describes as an “elimination project.” As B’Tzelem leader Yuli Novak put it in a recent New York Times op-ed, these policies are creating “a new phase of the political project to make Israeli Jewish control permanent while dismantling the conditions for Palestinian collective life.”
Here, too, it is hard to adjudicate between implausibility and immorality, but I’ll focus on the former. Already, Israel has lost the support of around a quarter of Americans, and a clear majority of American Jews disapprove of Israeli policies even as they do believe that Israel has the right to exist as a Jewish, democratic state. Do the likes of Itamar Ben Gvir and Bezalel Smotrich really believe that the world will simply stand by and watch Israel ethnically cleanse the West Bank without, at the very least, disastrous economic and political consequences?
Israel is a small state that, for now at least, depends on American foreign aid and the (limited) support of the world community. Even if it were militarily and morally possible to institute formal apartheid in Greater Israel, it is simply unrealistic to believe that the world will simply allow Israel to do so. Nor do half of Israeli Jews want such a dreadful, dystopian, and endlessly violent future.
These fantasies on Left and Right are not idle delusions. They are impeding the real work that is necessary to move, however slowly, toward sustainable coexistence.
First, Israelis will hopefully soon elect a new government that will rein in the extreme nationalists and take a more realistic, ethical, and constructive stance toward the Palestinians. There is not an Israeli-Jewish majority that is ready for an independent Palestinian state tomorrow. But there is, it seems, a majority that wants the ethnic cleansing, ultra-nationalism, and settler-extremist vigilantism to end, and that, at least, is a step toward coexistence — a step toward normalization.
Will the next Israeli government be as progressive as I, personally, would like? Almost certainly not. But will it be more progressive, or at least less regressive, than the current one? This is what I pray for. Contrary to what the Left and Right insist, there are many kinds of Zionism. Even if only for pragmatic reasons, I support the more progressive, just, and coexistence-oriented kind.
But American one-staters on both sides have obstructed it.
On the Right, hundreds of millions of American dollars have put thumbs on the Israeli-electoral scales for decades, while AIPAC and others have obstructed reasonable steps toward coexistence, such as conditioning military aid on Israeli compliance with international legal norms.
Meanwhile, on the Left, the insistence that all Zionism entails racism, colonialism, and genocide makes pragmatism more difficult, as any deviation from the anti-Zionist line renders progressive politicians treyf. And then, of course, is the rhetoric: blood libel, genocide, antisemitism, apartheid. Everyone on the other side is evil: musicians, politicians, artists, filmmakers, rabbis, and activists are all either Jew-haters or genociders, with no other options in between.
I think I speak for a majority of American people and American Jews when I implore everyone to tone it the f—k down.
If it isn’t clear by now, reasonable, non-hateful people profoundly disagree about how to understand what happened in Gaza, how it relates to what happened on Oct. 7, and how to negotiate living with people who strongly disagree with one another.
And I think a majority of American Jews are sick to death of the extremism. I’ve been canceled by both sides, personally, and I can testify to the exhaustion. I think we are sick of both sides’ ignorance, intolerance, and the inability to listen to multiple narratives.
We’re sick of the Left ignoring Israeli security and the Right only talking about Israeli security. We’re sick of the Left talking only about Palestinian safety and the Right never talking about Palestinian safety. We’re sick of the Right failing to acknowledge Palestinian dispossession and the Left failing to acknowledge the UN resolutions of 1947, the Holocaust, or the ancient Jewish ties to the land. We’re sick of the Right refusing to watch videos and films about Gaza, and the Left refusing to watch them about Oct. 7. (And no, we’re not trying to compare, equate, or measure the horror in one way or the other.)
Closer to home, we’re sick of the hypocrisy, hysteria, and weaponization of overheated rhetoric on all sides. We’re sick of how the Right refuses to call out (in the last month alone) concentration camp imagery, Islamophobia, and actual genocidal rhetoric on its side while harping on any insufficiently-apologetic apology by an accused antisemite. And we’re sick of how the Left refuses to call out voices who say that supporters of Israel are making themselves into targets of violence or that Bibi Netanyahu is an Emmanuel Goldstein-George Soros style puppetmaster of everything wrong with the world. Everyone in this rhetorical battle is living in glass houses and throwing stones at the other side.
Most of all, we’re sick of the incitement, the self-righteousness, the certainty, the maximalism, the rage-bait, the bullying, the demonization, the good guys/bad guys narratives, the harassment, the ‘de-normalization’ and the inability to tolerate disagreement. All, again, on the Left and the Right alike.
Most of us know that the Israeli government has behaved appallingly over the last few years. What happened in Gaza began as a defensive war but became a war of annihilation, with horrifying amounts of death and an aim, among some at least, to destroy Gazan society. But most of us also know that Israel is not a colonialist enterprise because Jews have no home country to which they can return, that Hamas is evil, that Jewish ties to the Land of Israel date back thousands of years, and that the Jewish state, for better or for worse, has been a reality for almost 80 years and is not going to self-destruct.
At the end of the day, whatever some left-wing activists or right-wing billionaires might like to happen in the Middle East, neither Israelis nor Palestinians are going anywhere. Eventually, in ten years or a hundred, these groups will have to live alongside each other, in one form or another. The clock cannot be turned back. Coexistence is the only way.
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Ontario Jewish community saddened, but not shocked, by shootout outside synagogue
(JTA) — TORONTO – Doug Warren, 56, was attending Kol Nidre services at the Sons of Jacob synagogue in Belleville, Ontario on the eve of Yom Kippur on Sunday. Prayers were just about to begin when he heard the gunshots.
“The rabbi had just started to call us into the sanctuary. We were stepping inside, and we heard this loud bang, and we all stopped,” Warren, a member of the congregation, told the Jewish Telegraphic Agency. “It sounded like someone was banging the window or the door.”
It was a 29-year-old former Canadian soldier exchanging gunfire with a police officer stationed outside the synagogue. The shooter, Sean Ward 29, of Quinte West, Ontario., died from his wounds on Tuesday. The officer, Const. Jeff Smith, a 13-year veteran of the force, remains in the hospital in critical condition.
Little is known of Ward, who served in the Canadian military from 2017 to 2022, and was never deployed.
“We knew this was going to happen,” Warren, a member of Sons of Jacob and a resident of Belleville. told JTA. “We’ve been saying as Jews that we’re very concerned with the rise of antisemitism. What did you think was going to happen? People weren’t taking it seriously.”
As the gunfire continued, congregants scrambled to find safety. “Some people suggested we should go to the basement, others said we should go out the back door,” he recalls. “At the same time, you’re just frozen because you don’t know what’s going on or what to do. Eventually the shots stopped.”
Warren said the congregation is extremely grateful to Smith, who was stationed outside the synagogue in an unmarked vehicle. “This guy’s a hero. I can tell you the gunman was coming for us inside, and he was trying to take out our armed protection first,” he said. “We’re praying for [Smith’s] recovery.”
Once police arrived at Sons of Jacob, they instructed everyone to wait inside until the area was clear. Congregants were then taken to the Belleville police station, where they were offered donuts and coffee, which Warren said they politely declined on account of fasting for Yom Kippur.
Richard Marceau, General Counsel and Senior Vice President of The Centre for Israel and Jewish Affairs, echoed Warren’s concerns. “I wish I could say that I was surprised or shocked, but I was not,” says Marceau. “Unfortunately, in 2026 in Canada, we’ve come to expect this type of thing. It just tells us that the promise of Canada has been broken.”
The Belleville shooting came two days after the arrest of 19 year-old Alexander Parfitt after posting online threats to shoot up a synagogue in Southern Ontario.
Marceau said that Canadian politicians have not sufficiently addressed the threat of antisemitism. “There has been an all-level failure in the political sector and in law enforcement,” he said. “It is a failure to understand the threats that Jews are facing.”
According to Marceau, anti-Israel and anti-Zionist discourse have also contributed to rising antisemitism and endangered Canadian Jews. “Anti-Zionism is driving violence against Canadians, and the double standard against Israel is playing a role,” Marceau said. “Politicians need a clear plan, not just to talk about extremist ideologies, organizations and foreign state actors. There needs to be a meeting of all levels of government to ensure that the extremist networks are disrupted.”
Anti-Israel sentiment was a point of contention Sunday evening. Canadian Jewish politician and leader of the New Democratic Party (NDP) Avi Lewis posted on X shortly after 8 p.m. that on Yom Kippur he was “reflecting on the fact that we have not done our part to stop an ongoing genocide being committed in our name.”
About an hour earlier, Ward opened fire outside Sons of Jacob. It was not clear whether Lewis knew the shooting had occurred when he had posted. He did not respond to a request for comment.
Canadian Member of Parliament Anthony Housefather responded to Lewis’ post, stating that “holding Canadian Jews and Jews across the world collectively responsible for events over which they have no control is despicable.”
Lewis said in an post the following day that the attack “is yet another reminder of the work that remains to create a Canada that is truly safe for people of all faiths, including Jewish people – to worship, to come together, to live without fear.” In a press conference he rejected claims that he was collectively blaming Jews for Israel’s actions.
Despite the events Warren witnessed on Sunday evening, he remains assured in the resilience of his local Jewish community. Unable to access their synagogue, Warren says the Sons of Jacob congregation gathered at a Best Western hotel on Monday evening for services.
“We want to keep going, but we know it’s not going to be easy. We might get emotional when we first get back inside the synagogue, and we’ll just have to work through that,” he says. “This will not stop us.”
This article originally appeared on JTA.org.
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