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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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UK threatens sanctions after Israel opens bids for E1 settler homes
(JTA) — JERUSALEM – The United Kingdom threatened to sanction Israelis involved in West Bank settlement expansion after the Jewish state’s Lands Authority opened bids for 1,234 homes in the largely underdeveloped E1 section of the West Bank settlement of Ma’aleh Adumim.
Construction in E1 “would cut across the heart of Palestine and risks separating the West Bank from East Jerusalem, which would endanger the viability of a two-state solution,” the British Foreign Secretary Ed Miliband said in a special statement he posted on X on Thursday.
Targeted sanctions, Miliband wrote, would be part of a series of measures his government would take. His office also summoned Israel’s charge d’Affaires Thursday to demand a closure of the bidding process, which first opened on Tuesday, and a withdrawal of the construction project altogether.
“Britain will not stand back and accept the destruction of the two-state solution,” he wrote. Miliband has held his position for a month and is part of the new leadership Labour Prime Minister Andy Burnham appointed when he took office in July.
Israel’s Foreign Minister Gideon Sa’ar attacked Miliband on X, stating that Britain’s “decision to damage the relationship between our countries is deeply unfortunate.”
He said that the U.K. government’s “systematic policy of blaming only Israel while ignoring Palestinian extremism has already contributed to a massive wave of antisemitic hatred and attacks against the British Jewish community.”
The Jewish people have the same right to “live throughout the Land of Israel” just as the British people have a right to live anywhere in the U.K., Sa’ar wrote.
Plans to expand the built-up area of Ma’aleh Adumim settlement by constructing some 3,400 housing units on a largely underdeveloped hilltop within the city’s boundaries have been in place since 1994 when Yitzhak Rabin was prime minister.
Israel mostly froze those plans under pressure from the international community, including the U.S., with many countries warning that building homes in E1 would harm their diplomatic ties with Israel.
Prime Minister Benjamin Netanyahu began to advance the project in earnest in 2012 to protest the United Nations General Assembly decision to grant the Palestinians the status of a non-member state and has since pushed the project forward in spurts, particularly during election seasons.
The publication of the bidding process for the homes was first announced on Tuesday and is set to close on Oct. 19, one week shy of the Israeli elections on Oct. 27. Opening the bids is a move that plays well with Netanyahu’s right-wing voter base, which opposes Palestinian statehood and believes that settlements like Ma’aleh Adumim and the E1 area should be annexed into sovereign Israel.
But the move reverberated globally, with the U.K. signing onto a joint condemnation by France, Germany, Italy, the Netherlands, Norway, Belgium, Sweden, Australia, New Zealand and Canada, in which they warned that settlement building in E1 distanced peace and undermined the country’s international standing.
They also reminded businesses who might bid for E1 construction that they could face legal or reputational consequences, given that such companies could be in breach of international law.
Palestinian Authority Vice President Hussein Al-Sheikh said he welcomed the condemnation, explaining on X that such a position “reflects the importance of the international role in confronting settlement activity and safeguarding the two-state solution.”
This article originally appeared on JTA.org.
The post UK threatens sanctions after Israel opens bids for E1 settler homes appeared first on The Forward.
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Argentina removes federal judge over antisemitic remarks in historic first
(JTA) — An Argentine federal judge was removed from office Tuesday for a series of antisemitic posts on his social media accounts that constituted misconduct incompatible with his role, an impeachment panel ruled.
Alfredo Eugenio López, who headed Federal Court No. 4 in the coastal city of Mar del Plata, was removed by Argentina’s Jury of Impeachment, a special panel composed of judges, lawmakers and lawyers.
It is the first time in Argentina’s history that a judge has been removed over antisemitic remarks.
In López’s social media posts, the judge referred to the Jewish people as “a brood of vipers,” Israel as a “fictitious state” and Argentinian Jews as “foreigners.” He has also used such terms as “Zionist” and “gay” as insults.
According to the panel, the judge committed acts of “discrimination and the denial of equal rights against the Argentine Jewish community. For the purposes of these proceedings, it is particularly significant that, by acting in this manner, he shattered public confidence in his continued fitness to administer justice impartially.”The case reached the panel through Argentina’s Council of the Magistracy, based in Buenos Aires, the constitutional body responsible for the selection and discipline of federal judges.
The first complaint against López was filed in February 2025 by the Delegación de Asociaciones Israelitas Argentinas, which is the umbrella organization representing Argentina’s Jewish community. One month later, the Argentine Forum Against Antisemitism also filed a complaint. In July 2025, attorney Yamil Santoro from Apolo Foundation added another one.
In his defense, López argued that his messages were “ subjective and decontextualized interpretations of exchanges on social media, which in no way affect the administration of justice or his impartiality” as a judge. He added that his remarks were unrelated to any pending case and that he had never been recused or removed from any judicial case.
Neither Lopez nor his attorney were immediately available for further comment.
“He was removed because he simply would not stop engaging in hate speech,” jury member Alberto Maques said during a live interview Tuesday on the A24 news channel. “It is absolutely disgraceful for a federal judge to engage in this kind of conduct.”
Maques said there were 15 social media posts that he acknowledged, but more than 50 posts in which he said “outrageous things that are not worth repeating because they truly constituted hate speech.”
“This is not merely an issue of hate speech against the Jewish community. This is someone who lacks common sense,” he added, interviewed by A24 news channel.
Prosecutors in the impeachment proceedings argued that the messages were not isolated political comments but reflected a pattern of hostility toward Jews, Zionism, and the State of Israel.
“No position of authority can shield hatred. This is not a matter of punishing an opinion. It is about sanctioning repeated conduct involving antisemitism, hostility and dehumanization, conduct incompatible with the impartiality, dignity and public trust required of the judiciary,” DAIA said Tuesday in a statement.
“This case sets a precedent: for the first time in more than a century, DAIA initiated proceedings of this nature against a judge. No office is above democracy.”
This article originally appeared on JTA.org.
The post Argentina removes federal judge over antisemitic remarks in historic first appeared first on The Forward.
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California progressive Wahab defeats AIPAC-backed Hernandez in close race
(JTA) — California progressive Aisha Wahab defeated AIPAC-backed moderate Melissa Hernandez in a congressional runoff this week, capping off a contest that had become unexpectedly tight after the pro-Israel lobby entered the fray.
The Associated Press called the race between the Democrats — who were vying to replace a disgraced former Rep. Eric Swalwell — a full two days after polls closed, when Wahab secured 53.1% of votes to Hernandez’s 46.9%, with 95% of ballots tallied. The gap between them grew by four percentage points from Tuesday evening, when Wahab had held a narrow 51% lead to Hernandez’s 49%.
“We stayed focused on the people, and I will fight for this district that raised me,” Wahab said in a Thursday statement, noting her journey “from foster care to Congress” in her East Bay community.
Although Wahab ended up victorious, the narrow initial margin on Tuesday shocked California’s 14th District, given that she had secured a double-digit lead in preliminary races two months ago.
But in the past few weeks, an unforeseen variable appeared to influence the trajectories of the two campaigns: a massive spending push from the American Israel Public Affairs Committee aimed at turning the tides for Hernandez.
Since the beginning of August alone, AIPAC’s super PAC, the United Democracy Project, and other affiliated groups spent more than $2.5 million on both boosting Hernandez and denigrating Wahab with negative ads and mailers, according to Federal Election Commission filings.
“This was not a landslide for Wahab by any means,” local Democratic strategist Noah Finneburgh, who is not affiliated with either candidate, told the Jewish Telegraphic Agency.
“They narrowed the gap for sure,” Finneburgh added, referring to AIPAC. “They spent millions of dollars attacking Wahab very aggressively.”
These attacks, he explained, did not involve Israel and instead focused on divisive issues for the Bay Area, such as public safety and protecting kids.
“Negative advertising with a persuasive message can be very effective,” Finneburgh said.
In her Thursday night statement, Wahab declared that her “district cannot be bought,” describing the race as “one of the ugliest, most expensive elections we’ve ever seen.”
Prior to this influx of cash and related ads, neither AIPAC nor Israel had played a significant role in this short-lived race — which began in April following Swalwell’s resignation over allegations of sexual assault.
When the district held a special primary to seek Swalwell’s replacement on June 16, Wahab and Hernandez finished as the top-two candidates and moved on to this week’s special general runoff election.
California primaries are “nonpartisan” or “top-two” races, in which the two highest ranking candidates move on to the general election, irrespective of their parties. The top-two in this case were both Democrats, like Swalwell, in a district that the Cook Political Report deems solidly blue.
Even though Wahab will now finish the remainder of Swalwell’s term, she will have to compete with Hernandez again in the November general election for a full term that begins on January 3, 2027.
In a June 16 special primary that preceded this week’s runoff, there was still a massive gap between the two candidates, with Wahab accruing 42.8% of the votes, compared to Hernandez’s 16.8%. A separate primary for the November race, which occurred two weeks earlier, placed Wahab at 38.3% and Hernandez at 17.2%.
Wahab, who will be the first Afghan American in Congress, has focused on affordability, civil rights, education and climate change. Her campaign calls for an end to wars and “prolonged occupations” but only specifically calls out U.S. military activity in “Afghanistan, Iraq, Syria, Libya, Yemen, Pakistan, Somalia, and elsewhere.”
Though Wahab has been critical of Israel and its operations in Gaza, she has not been as vocal about the issue as many other progressive colleagues nationwide. She responded “yes” when asked if Israel was committing genocide in a primary debate, but she didn’t include Israel or Gaza in her campaign priorities.
During a recent appearance on far-right influencer Hasan Piker’s livestream, Wahab acknowledged that “it’s not a zero-sum game in the Middle East,” adding that “we can care for all people.” She also referenced a resolution she introduced last year in the California legislature, pushing for a ceasefire in Gaza but also condemning Hamas and demanding the release of the hostages.
“We talk about both Palestinians and the Israeli victims there,” Wahab told Piker. “We talk about holding the perpetrators accountable from both sides.”
Asked if she was in favor of “ending all U.S. aid to Israel,” she responded “yes,” while stressing that “humanitarian aid is important to me, too.”
Wahab has earned the backing of multiple labor unions, the California Democratic Party and Our Revolution, the group formed by Sen. Bernie Sanders to advance the progressive movement. The liberal pro-Israel group J Street also recently invested $108,000 in her campaign, according to the FEC. American Priorities, a pro-Palestinian PAC, also spent at least $200,000 on supporting her.
Hernandez has received endorsements from several police and fire unions, as well as Democratic Jewish Reps. Lois Frankel of Florida and Brad Schneider of Illinois.
Come November, Hernandez will gain one additional asset. Due to statewide redistricting, the 14th District will gain about 26,000 new voters from Dublin, where Hernandez previously served as mayor, the San Francisco Chronicle reported.
But Finneburgh said he believes that Hernandez has only a minimal chance of winning that race, especially because Wahab will be heading into that election as an incumbent.
He also suggested that if “she plays her card right,” Wahab could even take some endorsements away from Hernandez.
“There’s going to be people who are going to probably move over from the Hernandez camp and back her,” Finneburgh added. “It’s going to be hard to unseat her.”
This article originally appeared on JTA.org.
The post California progressive Wahab defeats AIPAC-backed Hernandez in close race appeared first on The Forward.
