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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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Troy Jackson wins Maine Democratic Senate nomination, keeps mum on Israel, AIPAC
(JTA) — BANGOR, Maine – Troy Jackson accepted the Democratic nomination for Maine’s U.S. Senate race on Saturday with no mention of Israel, sidestepping an issue that has become a focal point for many Maine Jews as they assess the party’s new standard-bearer.
Jackson secured the nomination in a landslide 566 to 5 vote by delegates at the nominating convention. Saundra Pelletier, the only remaining challenger after the rest of the field dropped out in the days leading up to the gathering, picked up the handful of votes that didn’t go to the winner.
While Jackson took several shots during his acceptance address at Sen. Susan Collins, the incumbent Republican he will now face in the general election, it was Pelletier who used her remarks to specifically malign Collins’ voting record on Israel.
“She voted to increase federal funding in defensive arms for Iran, and did not vote to take moderate measures to hold Netanyahu accountable,” Pelletier said, receiving a chorus from the crowd.
The victory for Jackson came after the state’s former Democratic nominee, Graham Platner, a staunch Israel critic, left the race earlier this month amid a sexual assault allegation, which he has denied. The resulting scramble to replace him upended the Democratic primary and prompted fresh scrutiny from Jewish Mainers of Jackson’s recent evolution on Israel.
Jackson, a former state lawmaker and union advocate, had previously said little publicly about the Israeli-Palestinian conflict during his two-decade career in state legislature. However, during the race to replace Platner, he has embraced the term “genocide” to describe Israel’s war in Gaza and called for an end to U.S. military aid to Israel on his campaign website, both positions championed by Platner before his exit. Jackson also has said he wouldn’t accept any funding from AIPAC.
But on Saturday, as a sea of supporters sporting his campaign’s blue and yellow “Troy Jackson” t-shirts cheered their new nominee, Jackson omitted any mention of Israel from his remarks. Instead, Jackson reaffirmed his commitments to passing Medicare for all, supporting union rights and restoring abortion rights nationwide, among other issues.
During his address following the decisive victory, Jackson also offered a message to Maine voters who remain on the fence:
“Whether you supported me from the beginning, supported another candidate, or are still deciding what you think of this fifth-generation logger from Allagash,” Jackson said. “I’ve always known this, that your trust has to be earned, and so I want you to hear this directly from me. There is a place in this campaign for all of you. There is work for you in this movement, and I will spend every day, now through November, earning that trust because today we turn the page.”
Amy Fried, a professor emerita of political science at the University of Maine who attended Saturday’s conference as an alternate delegate but did not cast a ballot, said that while she believed Jackson had addressed Israel in the lead-up to Saturday because “a lot of people are interested in the topic,” his speech reflected the issues he had been “concerned about his whole political career.”
“Obviously, he’d have to take votes on foreign policy and funding when he’s in the Senate,” Fried said. “But I think that his main interest is always in issues that have to do with housing and healthcare, you know, all of the matters that are sort of more day-to-day kitchen table issues.”
While Jackson avoided revisiting his recent stances on Israel, which have raised concern among some Jewish voters in Maine, about a dozen pro-Palestinian protesters rallied outside the convention hall in support of his candidacy.
“It’s a really positive step that you have nominated Troy Jackson,” one protester shouted through a megaphone. “I think he’s going to be a strong voice for the kind of values that I believe in and the people of Palestine, the children of Iran, and all the other places the U.S. bombed.”
Ronna Lugosch, a 71-year-old Jewish grandmother and delegate from Round Pond, Maine, said that she was “more excited now than I was before” about Jackson’s candidacy.
Lugosch, who supports Jackson’s stances on Israel, said she hadn’t noticed he had left the topic out of his remarks. “Unfortunately, it’s a sensitive topic, so that’s my guess that maybe he didn’t bring that up because it was just too much,” Lugosch said. “You know, he was being careful.”
Still, Lugosch said that she was “really impressed with all his comments about working people and organizing.”
“I’m going to campaign for him because we need to get rid of Susan Collins,” Lugosch said. “Before it was more of a sort of a defensive stance, but now I’m supportive, and so I feel better about going out into the community.”
This article originally appeared on JTA.org.
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Maine Democratic Senate nominee Troy Jackson raises eyebrows in the Jewish community
(JTA) — BANGOR, Maine – Throughout his two-decade-long career as a state lawmaker in Maine, Troy Jackson built his political brand around labor and economic issues.
But as the former logger and state Senate president now seeks a seat in the U.S. Senate, Jackson has begun staking out positions on something new — Israel.
Facing one of the Democratic Party’s most divisive issues, Jackson has embraced the label “genocide” to describe Israel’s war in Gaza and called for an end to U.S. military aid to Israel.
“This is unconscionable. Anybody with eyes and a heart knows the Israeli government is committing genocide in Gaza. It has to end, and we as Americans have the power to end it,” Jackson wrote in a post on X on July 9, responding to reports of a Palestinian aid worker killed by Israeli strikes. “When I’m in the U.S. Senate, I’ll never vote in favor of US taxpayer-funded military aid to Israel.”
A week later, Jackson also inveighed against AIPAC, the pro-Israel lobby that has become a frequent target of progressives.
“I pledge to lead for Maine voters by rejecting attempts to buy influence through unlimited personal wealth and dark money,” Jackson wrote in a post on X. “That means rejecting all money from corporate PACs, AIPAC, and lobbyists from Big Oil and Big Pharma.”
For some Jews in Maine, Jackson’s emergence has prompted unease. Some worry that his embrace of the term “genocide” reflects a troubling shift in Democratic primaries across the country that many Jews have found alienating. Other Maine Jews, while somewhat hesitant, see the longtime Democrat as a pragmatic choice to represent the state and say they prefer him over Platner.
Jackson’s newfound efforts to speak out forcefully on Israel comes as he is likely to secure the Democratic nomination Saturday to take on Republican Sen. Susan Collins in a high-profile race that could determine control of the Senate.
His policy statements and comments about Israel have mirrored the broader evolution of the race since the collapse of Graham Platner’s campaign earlier this month. Platner, a staunch critic of Israel, bowed out of the race earlier this month following a sexual assault allegation that he has since denied. In the days that followed, some of the Democratic candidates who emerged to replace Platner but then dropped out, including Shenna Bellows and Jordan Wood, also began using the term “genocide” for the first time.
Jackson’s campaign did not respond to a Jewish Telegraphic Agency request for comment about his views on Israel.
For some Jews in Maine, Jackson’s sudden emphasis on Israel has raised questions about whether his positions reflect a deeply held conviction or an effort to win over Platner’s supporters.
“I do think that his rhetoric on Israel has been kind of like a ‘pick me’ appeal to the perception of what the Platner base is feeling about the whole thing,” said Brian Kresge, president of Congregation Beth Israel in Bangor, who said he largely votes for Democrats. “I don’t know whether it’s a closely held position because it’s not something he said much about during the gubernatorial race (Jackson came in third place in the governor’s race). It’s not something I’ve ever heard him talk about in his other forays in politics.”
Rabbi Bill Siemers, the leader of Beth Israel, Maine’s oldest active synagogue, said that he had found “no evidence” in Jackson’s “social media or in his talks that this was an issue for him before very recently, and it’s clear to me and to others that he brought this up so he could be the Senate nominee.”
“Now we know where we are. We know where we stand, that this, at least in the upper levels of the Maine Democratic Party, this is a requirement, and that’s not good,” Siemers said, referring to the label of genocide.
“I don’t think Jews want to have to go to the polls and vote on the basis of that, but they will,” he added.
Jackson’s rhetoric on Gaza earned praise from Our Revolution, the group formed by Vermont Sen. Bernie Sanders to advance the progressive movement. Jackson has won endorsements from both Sanders and Our Revolution, as well as left-wing streamer Hasan Piker, California Rep. Ro Khanna and Maine’s Democratic Socialists of America chapter.
“Troy Jackson doesn’t do word salad. He calls a genocide a genocide and says he’ll never vote for taxpayer-funded military aid to fund it,” the group wrote in a Facebook post earlier this month. “That’s what Maine voters delivered a historic win for on June 9, what other contender in Maine will actually say it?”
Jackson, 58, is a fifth-generation logger from northern Maine and first entered politics in 1998 by leading a logging blockade along the Maine-Canada border to protest corporations hiring low-wage foreign workers. In 2000, he launched an unsuccessful Republican bid for the state House before later winning a seat two years later as an independent.
He ran again for re-election in 2004 as a Democrat and won, kicking off a two-decade long career in state politics where he maintained strong union ties and progressive views. Jackson also once voiced opposition to same-sex marriage and abortion, both positions he has since reversed.
In 2024, at the Maine State Democratic Convention, Jackson, who served as convention chairman, reportedly attempted to quiet down a small group of pro-Palestinian protesters who called Maine Rep. Jared Golden a “war criminal” during a video celebrating the Jewish congressman.
“I believe in the ability of people to demonstrate and protest,” Jackson said amid the outburst. “There is a time for that.”
Earlier this year, Jackson came in third place in the state’s Democratic primary for governor. During his campaign, he pledged not to take “dark money,” but did not specifically reject AIPAC, which typically spends in federal races.
During Platner’s campaign, Jackson campaigned alongside him and endorsed his candidacy until Platner was accused of sexual assault. Following the allegation, he joined other progressive leaders in calling for Platner to drop out.
Going into Saturday’s nominating convention, Kresge said that there was still a “palpable sense of relief” among the local Jewish community that Platner, whose Nazi-linked tattoo had sparked outcry among Jewish Mainers, was out of the race.
“Troy Jackson may sound alike on a lot of these issues, but he’s not burdened by – well, he is burdened by some accusations and stuff —but he’s not burdened by a Reddit history,” Kresge said. “He has an actual political resume to run on.”
While some Jewish Mainers questioned Jackson’s recent rhetoric on Israel, others said his long record in local government offered some assurances.
“I don’t know Troy Jackson, but I think having a resume to fall back on, and having been in the position where he’s had to make compromises and understand the difference between spouting a popular slogan versus getting things done, I think is a small measure of comfort,” said Matt Tzuker, a Jewish resident of Portland.
Maine State Rep. Laurie Osher, who is Jewish and said she was ready to vote for Jackson, said that she hoped that Jackson would be able to “keep up the momentum” that Platner had gained during his campaign.
“He’s got my vote because I have worked with him,” Osher said. “For every moment that I found him doing something I didn’t think was great, he was also open to me telling him why I didn’t think it was great, and I saw him do better.”
This article originally appeared on JTA.org.
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MAGA influencer Laura Loomer mounts Jewish apology tour in Ukraine, meeting with Zelensky and rabbi
(JTA) — MAGA firebrand Laura Loomer, who is warring with anti-Israel figures on the right, is invoking her Judaism as she pulls an about-face on a former hobbyhorse of hers: Ukraine.
Loomer interviewed Ukrainian President Volodymyr Zelensky on a visit to the country this week, asking him about his Jewish identity and the country’s antisemitism policies. She also sat down with influential rabbi Moshe Azman as Ukraine’s punishing war with Russia drags into its fourth year.
In a series of tweets, she apologized for her past assertions that Ukraine is “full of Nazi sympathizers,” and that Zelensky was “a self-hating Nazi Jew.”
“I admit it, I fell for Russian propaganda,” Loomer, who wields considerable influence with President Donald Trump, wrote Friday after sharing “a lovely Kosher dinner” with Azman’s family. She also visited a historic Kyiv monastery recently shelled by Russian drones and invited Zelensky to make his case for why supporting Ukraine was “America First.”
Loomer’s Jewish Ukraine tour comes as the American right is splintering, largely between pro- and anti-Israel factions — pitting the likes of Loomer and Jewish pundit Ben Shapiro against those aligned with pundit Tucker Carlson.
Military aid to Ukraine has served as a tension point between the hawks and isolationists since Russia’s invasion in 2022. The two issues have become increasingly intertwined, with the right’s loudest anti-Israel voices opposing the U.S.-Israel war against Iran and also projecting weariness around supporting Ukraine.
Vice President JD Vance, whose language on Israel and Jewish issues has alarmed some Jewish leaders, took credit for halting U.S. aid to Ukraine earlier this year. Vance’s associate Carlson, who has recently turned on Trump and broken with the Republican Party, conducted a softball interview with Russian President Vladimir Putin in 2024. The U.S. Senate will vote on a new joint Russia-Iran sanctions bill next week.
Trump himself exhibited closeness with Putin during his first term and, together with Vance, chastised Zelensky during a White House meeting last year. But his administration has indicated a recent willingness to try to end the war on terms sympathetic to Ukraine, and the two leaders are scheduled to meet in the White House next week.
Loomer, too, formerly exhibited pro-Russia tendencies, including writing for the Russian-owned English-language outlet RT. More recently, she has feuded with other right-wing media figures, including Carlson, Candace Owens and Joe Rogan, often citing her pro-Israel views as the reason for the falling-out. Unlike a growing number of pundits on the right, she has also continued to cheer on the war with Iran even as its support has sunk across party lines and other commentators have sought to cast blame onto Israel.
Loomer has also used inflammatory rhetoric toward Muslims, calling on Trump to pass “a Muslim Ban as it was intended to be” after New York City Mayor Zohran Mamdani called Israeli Prime Minister Benjamin Netanyahu a “war criminal” earlier this week.
In her Zelensky interview, filmed at the Ukrainian presidential palace and released in full on Friday, Loomer tried to play partisan politics. She unsuccessfully urged him to call Trump the best president in history and told him that his 2024 visit to a Pennsylvania munitions factory alongside Democratic Gov. Josh Shapiro was “one of the reasons why a lot of Americans came to dislike you.” (Shapiro, who is also Jewish, was at the time a prominent campaign surrogate for then-Vice President Kamala Harris, who was running for president.)
Loomer sought a Jewish connection with the president, telling him, “I’m Jewish, you’re Jewish. We share that in common.” Zelensky, who rarely publicly comments on his Jewish heritage, highlighted that Ukraine earlier this year passed a law criminalizing antisemitism.
“It’s illegal, antisemitism. We did it during my presidency,” he said. The new law, a strengthening of a 2021 law, institutes fines and possible prison terms for those found guilty of hatred or discrimination on the basis of Jewish identity.
Zelensky, who has long enjoyed largely unqualified support among Democrats and liberal Americans, praised Loomer’s visit and change of heart. He, Azman and other Ukrainian figures who met with Loomer have sought to cultivate increased favor with Trump during a particularly uncertain phase of the war.
Loomer told the president her main goal was to counter “Russian propaganda” she believed was prominent among American podcasters, including allegations of links between Ukraine’s military and Naziism.
“I really opposed sending my taxpayer dollars to Ukraine because I really believed that you had an army, the Azov Battalion, full of Nazis,” she told Zelensky, referencing an infamous Ukrainian military wing that has continued to attract scrutiny, both before and after the 2022 invasion, for its links to neo-Nazis and other extremists.
“We are not Nazis,” Zelensky told her, later urging her to visit Babyn Yar, the memorial to the “Holocaust by bullets” perpetrated by Nazis on Ukrainian soil with the help of local collaborators in 1941. In 2022, shortly after the invasion, a Russian bombing near the memorial prompted Zelensky to make an appeal to the global Jewish community for support.
Loomer, who is notorious for credulously reporting explosive allegations against her political enemies, said she accepted Ukraine’s claims to now be Nazi-free. One of the deciding factors, she said, was meeting with Azman, the Chabad-affiliated rabbi who holds the disputed title of chief rabbi of Ukraine and whose son was killed in battle with Russia in 2024.
“The Rabbi told me his dead Jewish son didn’t fight alongside Nazis,” Loomer tweeted, adding, “I can assure Amercians [sic] that Jews are safer in Ukraine than they are in Mamdani’s New York City!” (Azman has also praised the Jan. 6, 2021, U.S. Capitol riots by Trump supporters, celebrating them for “protesting mass election fraud” and comparing them to the Maidan, the 2014 Ukrainian protest movement that ousted a pro-Russia president.)
Most diaspora Jews and Jewish organizations have backed Ukraine since the invasion and have decried Putin’s initial assertion that his invasion was intended to “denazify” the country. Loomer has now joined their ranks, hoping to marry that support to her own ideological identity as a Jewish right-winger in an era where the president she has long championed is losing some influence.
“We won’t have Trump forever,” she wrote Tuesday, “and the axis of evil is moving fast.”
This article originally appeared on JTA.org.
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