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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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California College Employee Calling Jewish Professor ‘Colonizer’ Was Antisemitic, Investigation Finds
Sign reading “Welcome to City College of San Francisco” above glass entry doors with building number 88, San Francisco, California, Aug. 29, 2025. Photo: Smith Collection/Gado/Sipa USA via Reuters Connect
A City College of San Francisco (CCSF) staff member who called a Jewish professor a “colonizer” among other verbal attacks engaged in unlawful harassment and discrimination based on the academic’s Jewish identity, according to an independent investigation into the incident.
The Louis D. Brandeis Center for Human Rights Under Law and the StandWithUs Saidoff Legal Center, two Jewish advocacy groups, on Tuesday celebrated the upholding of a disciplinary investigation’s finding as a “significant victory” for Jewish faculty and students.
“The outcome establishes a critical precedent for how universities must evaluate conduct often mischaracterized as political speech but that, in context, targets Jewish identity,” the groups said in a statement.
The investigation stemmed from a series of incidents which escalated to an explosive May 2025 confrontation in which CCSF employee Maria Salazar-Colon, president of the local Service Employees International Union (SEIU) union, allegedly launched a volley of anti-Jewish invective at computer science professor Abigail Bornstein. Calling Bornstein a “colonizer” and telling her to “shut the f—k up,” Salazar-Colon converted the professor’s name into a sobriquet by denouncing her as “Dumb-stein” during the public comment portion in a meeting of the community college’s board of trustees, according to the Brandeis Center and StandWithUs.
That utterance, combined with other comments related to Israel, indicated Salazar-Colon’s awareness of Bornstein’s Jewishness and her willingness to degrade her over it, the Brandeis Center and StandWithUs said — noting that a trivial discussion on college “governance,” not politics or the Middle East conflict, set the staff member off.
Salazar-Colon allegedly continued targeting Bornstein through email, denouncing her again as a “colonizer” and making other crude statements. The conduct drove the professor off campus. She reported the alleged harassment to the CCSF administration and filed a criminal complaint with the local police.
However, Salazar-Colon hit back, filing her own grievance in response to allege that she was the victim. Meanwhile, the college hired a law firm as a third-party investigator to look into the matter. Its findings were conclusive, determining not only that Salazar-Colon was fully culpable but that her conduct, rising to “workplace violence,” was intentionally discriminatory against a Jewish colleague.
CCSF ultimately dismissed Salazar-Colon’s “retaliatory” complaint, but the finality of its decision hung on the opinion of the college trustees. Salazar-Colon filed an appeal with the body. It took no action, crystallizing, the Brandeis Center and StandWithUs said, a consensus on the “seriousness of the underlying conduct and the strength of support for the [third-party investigator’s] findings.”
On Monday, Brandeis Center staff litigation attorney Deena Margolies told The Algemeiner that, in this case, justice prevailed but that many other Jewish members of academia suffer similar indignities.
“The college did the right thing here. They brought in an independent investigator. They made clear that this was about discrimination based on Bornstein’s protected identity, that being Jewish — not union advocacy — and that’s important and a necessary distinction that we don’t often see being recognized,” Margolies said. “I’m seeing many more of these disciplinary matters in the employee context, and I notice that what often happens is that when a Jewish professor or staff member is targeted or files a complaint, there is often a cross complaint, a baseless complaint which is retaliatory. And yet, they always end up coming through.”
CCSF will be taking disciplinary action. against Salazar-Colon.
As previously reported by The Algemeiner, antisemitism promoted by university employees often disguises itself as politics, complicating higher education institutions’ response to it.
In September, a survey conducted by the Anti-Defamation League (ADL) and the Academic Engagement Network (AEN) found that staff and faculty accelerated the “antisemitism” crisis on US college campuses by politicizing the classroom, promoting anti-Israel bias, and even discriminating against Jewish colleagues. It found that 73 percent of Jewish faculty witnessed their colleagues engaging in antisemitic activity, and a significant percentage named the Faculty and Staff for Justice in Palestine (FSJP) group as the force driving it.
Of those aware of an FSJP chapter on their campus, the vast majority of respondents reported that the chapter engaged in anti-Israel programming (77.2 percent), organized anti-Israel protests and demonstrations (79.4 percent), and endorsed anti-Israel divestment campaigns (84.8 percent). Additionally, 50 percent of respondents said that anti-Zionist faculty have established de facto, or “shadow,” boycotts of Israel on campus even in the absence of formal declaration or recognition of one by the administration. Among those who reported the presence of such a boycott, 55 percent noted that departments avoid co-sponsoring events with Jewish or pro-Israel groups and 29.5 percent said this policy is also subtly enacted by sabotaging negotiations for partnerships with Israeli institutions. All the while, such faculty fostered an environment in which Jewish professors were “maligned, professionally isolated, and in severe cases, doxxed or harassed” as they assumed the right to determine for their Jewish colleagues what constitutes antisemitism.
Administrative officials responded inconsistently to antisemitic hatred, affording additional rationale to the downstream of hatred. More than half (53.1 percent) of respondents described their university’s response to incidents involving antisemitism or anti-Israel bias as “very” or “somewhat” unhelpful, and a striking 77.3 percent thought the same of their professional academic associations. In totality, alleged faculty misconduct and administrative dereliction combined to degrade the professional experiences of Jewish professors, as many reported “worsening mental and physical health, increased self-censorship, fear for personal safety,” and a sense that the destruction of their careers and reputations was imminent.
“Antisemitism cannot and should not be downplayed as political, academic, or workplace disagreement. Antisemitism is, clearly and concretely, insidious discrimination,” Brandeis Center chairman Kenneth Marcus, a former US assistant secretary of education for civil rights, said in a statement released with the news of the outcome of the CCSF incident. “Institutions have both the authority and the obligation to intervene, and we are hopeful that these outcomes encourage those who wish to report incidents of antisemitism to come forward without fear of retaliation.”
Follow Dion J. Pierre @DionJPierre.
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Turkish Intel Chief Hosts Hamas Leaders as New Report Warns of Turkey’s Ties to Muslim Brotherhood
Turkish President Tayyip Erdogan speaks during a ceremony for the handover of new vehicles to the gendarmerie and police forces in Istanbul, Turkey, Nov. 28, 2025. Photo: REUTERS/Murad Sezer
Turkey’s extensive ties with Hamas and other terrorist groups and Islamist movements are raising alarm bells among analysts, highlighting Ankara’s controversial pivot away from its traditional Western alliances amid ongoing regional conflicts.
This week, Turkish intelligence chief Ibrahim Kalın met in Ankara with Khalil Al-Khaya, a senior Hamas negotiator, and the terrorist group’s political bureau delegation to discuss prospects for advancing the second phase of the Gaza ceasefire — marking the second such meeting in under two weeks.
Last week, Kalın also met with senior Hamas leaders in Istanbul, underscoring Turkey’s ongoing diplomatic engagement with the Islamist group.
Notably absent from both meetings’ public summaries was any mention of Hamas’s disarmament — a key condition of the US-backed peace plan, which the terrorist group continues to reject, further complicating ceasefire efforts.
Earlier this year, the US-backed plan to end the war in Gaza hit major roadblocks after proposals surfaced that would allow Hamas to retain some small arms — an idea strongly denounced by Israeli officials who insist the Islamist group must fully disarm.
Israel has previously warned that Hamas must give up its weapons for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the terrorist group’s control.
Last week, US President Donald Trump’s “Board of Peace” reportedly presented a disarmament plan to Hamas that would require the terrorist group to allow the destruction of its vast Gaza tunnel network as it lays down its arms in stages over eight months. Palestinian officials indicated Hamas would not accept the proposal without “amendments and improvements.”
Under Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.
Conditioned on Hamas’s disarmament, the Israel Defense Forces (IDF) would also withdraw from the approximately 53 percent of the enclave they currently occupy.
Since the start of the war in Gaza, Turkey has repeatedly tried to position itself as a regional mediator, maintaining direct intelligence channels with Hamas to advance ceasefire talks and solidifying its role in US-backed diplomatic efforts.
However, Turkey has also been a long-time backer of Hamas, hosting senior officials multiple times over the years and refusing to designate the group as a terrorist organization. Ankara has also provided Hamas with both political and financial support by allowing its leadership to operate networks from Turkish soil.
Israeli officials have repeatedly accused Hamas operatives of using Turkey as a base for recruitment, financing, and operational coordination.
On Monday, Israeli intelligence services uncovered a Hamas terror network in the West Bank, directed by an operative based in Turkey, revealing ongoing coordination between the group’s cells abroad and on the ground.
According to Sinan Ciddi, senior fellow at the Foundation for Defense of Democracies (FDD), a Washington, DC-based think tank, Turkey’s high-level meetings with Hamas and growing engagement in Gaza reflect a stark gap between its public diplomacy and private dealings, revealing a calculated effort to maintain influence in the region.
“Publicly, Turkey has presented itself as a diplomatic broker seeking a ceasefire. Privately, its continued high-level engagement with Hamas, particularly through intelligence channels, signals an enduring political alignment and a willingness to preserve the group as a relevant actor in postwar Gaza,” Ciddi wrote in a newly released report.
“Ankara’s maintenance of access to Hamas leadership is likely intended to help ensure Turkey retains influence over any future political settlement,” he continued.
Israel has consistently opposed any role for Turkish security forces in postwar Gaza, with Ankara seeking to expand its regional influence — a move experts warn could strengthen Hamas’s terrorist infrastructure.
Amid growing concerns over Turkey’s regional influence, a newly released FDD report underscored the country’s pivot under President Recep Tayyip Erdogan from its traditional Western alignment toward closer ties with Islamist movements, including the Muslim Brotherhood.
The report identified Turkey as a key refuge for Muslim Brotherhood leaders from across the region, including Egypt and Yemen, a role that has intensified after many fled their home countries amid government crackdowns.
For years, the Muslim Brotherhood has faced bans or restrictions across the Middle East, with some European countries and the United States recently designating the group or specific branches as terrorist organization.
“There is an established track record … where Turkey significantly undermines the transatlantic alliance’s core security concerns,” Ciddi said.
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US Appeals Court Reinstates $655M Ruling Against Palestinian Authorities Over Terrorism
Palestinian Authority President Mahmoud Abbas looks on as he visits the Istishari Cancer Center in Ramallah, in the West Bank, May 14, 2025. Photo: REUTERS/Mohammed Torokman
A US federal appeals court on Monday reinstated a whopping $655.5 million judgment against the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), delivering a major legal victory for American victims seeking to hold the groups responsible for the notorious “pay-for-slay” terrorism program.
The ruling by the US Court of Appeals for the Second Circuit restored a jury’s earlier finding that the PLO and PA bore civil liability under the Anti-Terrorism Act for a series of attacks in Israel that killed and injured US citizens.
In its opinion, the court recalled its previous mandate vacating the initial decision, writing that doing so was warranted by “intervening changes in underlying law” and the need to prevent an unjust outcome after years of litigation. The panel emphasized that appellate courts retained the authority to revisit earlier decisions in “extraordinary circumstances,” a standard it found satisfied in this case.
The judges also addressed the issue of jurisdiction, which had previously served as an obstacle in the case.
In 2023, a federal appeals court ruled that US courts did not have the authority to hear certain lawsuits against the PLO and the PA stemming from terrorist attacks abroad that killed or injured American citizens. In a decision issued by Second Circuit court, the panel concluded that Congress could not compel foreign defendants to face litigation in US courts without sufficient ties to the country, dealing a significant setback to victims seeking damages through American legal channels.
But the court signaled that subsequent legal developments from the Supreme Court and evolving interpretations of the Anti-Terrorism Act altered the analysis enough to justify reinstating the judgment.
At the center of the case was the Anti-Terrorism Act’s provision allowing US nationals to seek civil damages for acts of international terrorism. A jury had originally awarded damages to victims and their families, finding a link between the alleged terrorists and attacks targeting civilians. Those damages resulted in the mandated enforcement of the more than $650 million judgment.
For victims’ families and advocates, the decision marked a significant step toward enforcing consequences against groups accused of supporting or incentivizing violence.
Supporters have argued that lawsuits play a critical role in deterring terrorism, particularly when criminal prosecution is not possible. By reinstating the judgment, the court appeared to endorse the broader principle that US law can serve as a tool of accountability, even in cases involving foreign actors and overseas attacks.
The court cautioned that enforcement presents a distinct set of legal and practical challenges. It pointed to potential obstacles including asset location, sovereign protections, and the complexities of executing judgments against foreign entities.
The Palestinian Authority, which exercises limited self-governance in the West Bank and has long been riddled with accusations of corruption, has for years carried out a so-called “pay-for-slay” program, which rewards terrorists and their families for carrying out attacks against Israelis.
Under this policy, official payments are made to Palestinian prisoners held in Israeli jails, the families of “martyrs” killed in attacks on Israelis, and Palestinians injured in terrorist attacks.
Reports estimate that approximately 8 percent of the PA’s budget has been allocated to paying stipends to convicted terrorists and their families.
Skeptics suggest the hurdles in seeking financial retribution from the PLO and PA could prove substantial. The PLO and PA maintain limited assets within the US, and some may be protected from seizure. Efforts to enforce the judgment could also raise sensitive diplomatic concerns, particularly given the entities’ role in international negotiations and governance.
The case is likely to have far-reaching implications for future terrorism litigation, particularly as Congress continues to explore ways to expand the reach of US courts in holding foreign actors accountable.