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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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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors
(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.
Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.
“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”
The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.
In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”
In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.
Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.
“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.
In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.
Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.
Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”
Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”
The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.
“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”
In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”
He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.
Other Jewish authors on the left were among those defending Mengestu’s decision to step down.
“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”
The post PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors appeared first on The Forward.
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Church of England backs study of Palestinian Christian document accusing Israel of genocide
(JTA) — The Church of England’s legislative body voted Monday to encourage churches across England to engage with a document produced by Palestinian Christians that accuses Israel of genocide despite requests from Jewish organizations and Britain’s chief rabbi to reject it.
The document is titled “Moment of Truth: Faith in a Time of Genocide” and is also known as Kairos II, after the Palestinian Christian movement Kairos Palestine that produced it. It describes Israel’s military campaign in Gaza as a genocide, states that Israel is a “colonial enterprise built on racism,” and says decades of “occupation,” “apartheid” and “settler colonialism” are at the heart of the Israeli-Palestinian conflict.
The vote on Monday does not adopt the accusations as church doctrine but says the church should hear the documents as “heartfelt expressions of the lived experience of Palestinian Christians,” and to engage with them in order to better understand the conflict.
Ahead of the debate in York, several Jewish organizations expressed concerns, and Chief Rabbi Sir Ephraim Mirvis asked Synod members to reject the amendment. Mirvis called Kairos II “deeply concerning” and that it “risks undermining decades of careful relationship-building” between Christians and Jews.
“It is truly shocking that a document which purports to speak in the name of truth contains so much falsehood,” he said.
Afterwards, the president of the Board of Deputies of British Jews, Phil Rosenberg, issued a statement calling the passage of the motion “highly problematic.”
“Kairos Palestine may come from a place of genuine pain, but the falsehoods and distortions of Kairos II, including its erasure of Jewish identity and experience, is a prescription for more division and not the answer to conflict in the Middle East,” he said.
“This document reflects the pain and trauma of the Palestinian people. As a pastor, I hear the cry of our Palestinian Christian sisters and brothers — a cry that rises from the ruins of Gaza, and from the violence and oppression of the West Bank,” she said.
She added, ”I also hear the concerns of the chief rabbi, the co-leads of the Movement for Progressive Judaism, and the Board of Deputies, and I thank them for their honesty.” She said the church remained opposed to antisemitism and committed to safety for Israelis as well as Palestinians.
The Synod debate followed Mullally’s visit to the West Bank in June, where she met Palestinian Christian communities in Birzeit. During the visit she said, “I will use my role as Archbishop to seek the peace you desire and the freedom you deserve.”
The debate marks the ascendance of Israel-related issues in another major church, after the Catholic Church’s Pope Leo XIV angered Jewish groups soon after being elected last year by endorsing an investigation into whether Israel committed genocide in Gaza.
The post Church of England backs study of Palestinian Christian document accusing Israel of genocide appeared first on The Forward.
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Mike Pence denounces alleged arson of Israeli flag in his Indiana hometown
(JTA) — Former Vice President Mike Pence has weighed in against antisemitism after officials in his Indiana town say a costly fire may have been caused by arson to an Israeli flag displayed on a local barn.
The alleged arson broke out early Friday morning, damaging a historic home in Zionsville, Indiana, where Pence lives, and causing an estimated $150,000 in damages, according to the Zionsville Police Department.
Zionsville Mayor John Stehr said during a press conference on Friday that officials believed the fire began when an individual set fire to an Israeli flag that had been displayed outside the building alongside an American flag. The town later announced that the FBI had joined the investigation and that officials were examining whether the arson “may have been motivated by bias” but said no determination had been made.
“Absolutely despicable,” Pence tweeted on Sunday. “There can be no tolerance in America for Antisemitism or political acts of violence, and it is heartbreaking to see in our adopted hometown of Zionsville, Indiana. We thank God no one was hurt and urge anyone with information to contact law enforcement.”
Pence has long cast himself as a staunch supporter of Israel, including after the Oct. 7, 2023, Hamas attacks on Israel, and has also repeatedly spoken out against antisemitism in the conservative movement and beyond.
Republican Indiana Sen. Jim Banks also condemned the alleged arson in a post on X Saturday. “Antisemitism will not be tolerated. Not in Zionsville. Not in Indiana. Not anywhere,” Banks wrote. “Thank you to the federal, state, and local officials working to bring the perpetrators of this despicable arson attack to justice.”
On Sunday, the Jewish community in central Indiana hosted a rally condemning the alleged arson attack, chanting, “We will stand up,” according to local outlet Fox 59. While Zionsville does not have a large Jewish community of its own, other suburbs of Indianapolis have significant Jewish populations, and Zionsville is also the longtime home of a Reform movement summer camp, the Goldman Union Camp Institute, which is in session now.
“The founding fathers founded a country where we have the ability to resolve differences among each other; we don’t do it by firebombing homes,” rally organizer David Schiller told Fox 59. “It’s inexcusable and unacceptable.”
The Zionsville Police Department did not respond to an inquiry from the Jewish Telegraphic Agency about the status of the investigation on Monday.
The post Mike Pence denounces alleged arson of Israeli flag in his Indiana hometown appeared first on The Forward.
