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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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A gunman attacked a Michigan synagogue. Here’s what happens to the community next
On Thursday, a driver rammed his pickup truck into Temple Israel in West Bloomfield Hills, Mich., a large Reform Temple about 25 miles from downtown Detroit. Blessedly, there were no casualties besides the shooter, whom security guards rapidly engaged. One guard was injured. Aside from that, everyone who was inside the synagogue, including 140 children attending school there, was unscathed.
“There’s hopeful news and there’s sad news about the aftermaths of these shootings,” said Mark Oppenheimer, author of Squirrel Hill: The Tree of Life Synagogue Shooting and the Soul of a Neighborhood, a methodical, lyrical look at what happened to the Pittsburgh neighborhood shattered by the Oct. 27, 2018 shooting that left 11 people dead.
The hopeful news is that older, established Jewish communities can rely on close, long-established bonds within and outside the community to get them through.
The sad news is that people unaffected by the shooting tend to move on and forget.
“So whereas this will haunt the Jewish community for years,” Oppenheimer told me in a phone interview, “most people outside the Jewish community will quickly move on to whatever the next horrible incident is.”
What happens next
Authorities have not confirmed the attacker’s motive, although he has been identified as a Michigan man who was born in Lebanon. But among all the unknowns, we do know a few things for certain.
We know that a great tragedy was averted due to the guards’ bravery and expertise, and due to the planning and preparation of synagogue leadership.
We know such attacks have gone from being extremely rare in the United States, to being more frequent.
And we know that what happens now, in the aftermath, matters a great deal.
That’s why, in writing about the worst mass shooting in American Jewish history, Oppenheimer spent most of his time researching what came after the atrocity.
“When the cameras and the police tape were gone, what stayed behind?”Oppenheimer, who teaches at Washington University’s John C. Danforth Center on Religion and Politics, wrote in the book’s introduction.
The power of connection
Both the Tree of Life synagogue and Temple Israel are older, deeply entrenched congregations with close ties to a number of local communities — Jewish and non-Jewish alike.
In one chapter of Squirrel Hill titled, simply, “Gentiles,” Oppenheimer chronicles how non-Jews came to the aid of the stricken congregation, including clergy, politicians and neighbors.
Emblematic of that was the capacity crowd of 2,500 people that came together at Soldiers and Sailors auditorium on the one-year anniversary of the shooting, where law enforcement, politicians and Christian, Muslim and Jewish clergy all spoke.
“There are usually people in government, in community organizations, in neighborhood organizations, who reach out, who want the Jews to know that they’re not alone,” said Oppenheimer.
Evidence of such connection was already on show in Michigan on Thursday. One reporter interviewed a woman praying outside the synagogue, who said, through tears, that the “Holy Spirit” had told her to turn her car around once she saw police cars racing past her to the scene, and go lend support.
In Pittsburgh, the 2018 shooting was also a time for the Jewish community itself to come together.
Squirrel Hill’s close-knit Jewish community crossed denominational divides to show support. An Orthodox rabbi organized a spreadsheet to manage the 24-hour vigils Jewish law prescribes over the bodies of the dead prior to burial.
“In Squirrel Hill, one of the nice things is there is a lot of community and solidarity across denominational lines and levels of observance,” said Oppenheimer, “and that’s pretty rare in American Judaism. It’ll be interesting to see how that plays out in Detroit.”
A new reality
Iin recent years, the need for solidarity and resilience in the face of such attacks has become, unfortunately, more apparent.
When Oppenheimer wrote his book, he was able to state the shooting was “a unique event” in American history. It’s true that until the Tree of Life massacre, antisemitic violence had claimed just 26 lives in U.S. history. The U.S., more than any Western country, and far more than Israel itself, had truly been a safe haven for Jews.
Since Squirrel Hill, six more people have died in four attacks. The previously well-earned sense of safety has been shattered.
“While the odds that any given Jew will be attacked remain quite low, it is obviously pretty terrifying,” said Oppenheimer.
Some critics of the national focus that fell on Squirrel Hill after the Tree of Life shooting argued that the tragedy got far more attention than similar mass shootings that had befallen non-Jewish communities.
But it’s the very rarity of these attacks that makes them so shocking and, at least for American Jews, so memorable.
In this new normal, it’s even more important for Jews to form strong, mutually supportive bonds among themselves, and with others.
And the world moves on
Those bonds are especially crucial because while the victims of violence don’t soon forget and move on, the world does.
“It’s a short burst of solidarity, and then people leave. Understandably so,” Oppenheimer said.
I suspect that even though prayers of gratitude and deliverance will echo through the sanctuaries of Detroit — and in Jewish hearts everywhere — the attack will haunt its intended victims long after the police tape comes down.
What will make the difference in how the community faces those fears and moves forward is the amount of support it receives from those outside it. If the broader Bloomfield and Detroit community refuses to forget this awful incident, it will change the course of healing.
I asked Oppenheimer what lesson he learned from the Tree of Life aftermath could apply to Temple Israel.
“In Pittsburgh, there was a long history of people showing up for each other,” he said Oppenheimer. “The relationships, or lack of relationships, that exist become more noticeable when something goes wrong.”
“Where there are strong ties before a shooting, there are strong ties afterwards.”
The post A gunman attacked a Michigan synagogue. Here’s what happens to the community next appeared first on The Forward.
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Political standoff causing DHS shutdown delays security grants for synagogues
(JTA) — A shutdown at the Department of Homeland Security since Feb. 14 is halting the review of millions of dollars in security funding for nonprofits, leaving Jewish institutions and other vulnerable groups in limbo at a moment of heightened concern about antisemitic threats.
The most recent threat came Thursday when an armed assailant rammed his vehicle into a large synagogue in suburban Detroit, where trained security forces shot at him and he was killed before he could injure anyone.
The closure stems from a political standoff over immigration enforcement: Senate Democrats are refusing to fund DHS unless the bill includes new oversight and limits on ICE operations, while Republicans and the Trump administration insist on passing funding without those changes. The dispute intensified after the killings of U.S. citizens during recent immigration operations.
Applications for the federal Nonprofit Security Grant Program, which helps synagogues, schools and community centers pay for security guards, cameras, reinforced doors and other protections were due Feb. 1 But because the program is administered through the Federal Emergency Management Agency, a component of DHS, the ongoing shutdown has frozen the process before applications could be reviewed. An effort to end the shutdown failed in the Senate on Thursday.
That means organizations that spent months preparing proposals are now waiting indefinitely to learn whether they will receive funding, at a time of rising anxiety and threats.
The grant program has become a cornerstone of security planning for Jewish institutions across the United States, especially in the wake of sometimes deadly attacks. Demand for the grants has surged in recent years as antisemitic incidents have climbed and security costs have soared.
According to data from the Anti-Defamation League, antisemitic incidents in the United States have reached historic highs in recent years, with Jewish institutions frequently targeted with threats, vandalism and harassment. Community leaders say the uncertainty surrounding the grants is arriving at precisely the wrong moment.
The NSGP is designed to distribute hundreds of millions of dollars annually to nonprofits considered at high risk of attack. Organizations submit detailed applications outlining their vulnerabilities and the security improvements they hope to fund, which FEMA then reviews and awards through state agencies.
But during a federal shutdown, most DHS personnel responsible for reviewing those applications are furloughed. As a result, the process has effectively stalled.
For many nonprofits, the delay creates practical and financial uncertainty. Security upgrades such as surveillance systems, bollards, access-control systems and trained guards often depend on the grants, and institutions typically plan their budgets around the expectation of federal support.
Jewish communal security groups say the program has been one of the most successful federal efforts to help protect religious institutions. Michael Masters, CEO of the Secure Community Network, a Jewish security nonprofit, said Jewish organizations rely on federal funding to cover essential security needs, saying that it was “a challenge” that DHS was currently not processing security grant applications.
“There’s no other faith-based community in the United States that needs to spend $760 million a year, at a minimum, on security that we do,” Masters said. “That’s a reality of the threat environment that we have to adapt to, that we have adapted to.”
The post Political standoff causing DHS shutdown delays security grants for synagogues appeared first on The Forward.
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A gunman rammed a Michigan synagogue. Its security preparations may have saved lives.
(JTA) — The suspected assailant, armed with rifles and smoke bombs, who rammed into Temple Israel on Thursday encountered a synagogue that was well prepared for just such an attack.
He hit and injured the congregation’s security director with his car as he plowed through the synagogue’s doors and drove down a hallway. But he didn’t manage to harm anyone else as he was found dead after trained and armed security guards shot at him
And because the rest of the staff knew exactly how to respond to an active shooter threat.
“We always worry that you can plan and plan and plan and practice and practice, and it won’t matter, because it will be something else, but it feels like a miracle that everything worked the way it was supposed to, that our team was so incredibly brave, local law enforcement’s been amazing, and that everybody’s OK,” Rabbi Jen Lader of Temple Israel told the Jewish Telegraphic Agency.
Oakland County Sheriff Michael Bouchard and West Bloomfield County Police Chief Dale Young also immediately praised the security response in the wake of the attack.
“I am deeply proud of the response, not only from the security that was on site, but also of all the police officers and the firefighters that are here right now, we train on active shooter events a lot,” Young said during a press conference outside the synagogue on Thursday. “I think that training certainly helped to mitigate what happened here today.”
Indeed, it was a situation that Jewish institutions across the United States have trained for, as antisemitism and threats of violence have ticked up in recent years, especially following the 2018 synagogue shooting in Pittsburgh that killed 11 Jews during Shabbat services. The rabbi of a synagogue in Colleyville, Texas, credited a security training with enabling him to respond when a man took him and three congregations hostage in 2022.
“Everybody flees danger, and our team went straight toward it, and they were the ones who neutralized the terrorist and saved everybody,” said Lader. “And our teachers followed, you know, to the absolute letter, our active shooter training and lockdown procedures, and saved every kid.”
Beyond the synagogue’s full-time director of security, Lader said Temple Israel also has a full team of armed security guards on the premises at all times as well as a remote security system that is able to secure different areas of the building during threats.
In late January, FBI agents also visited Temple Israel to train clergy and staff about how to respond to an active shooter.
According to a social media post from FBI Detroit, the Active Shooter Attack Prevention and Preparedness course “combines lessons learned from years of research and employs scenario-based exercises to help participants practice the decision-making process of the Run, Hide, Fight principles and take necessary actions for survival.”
Michael Masters, the national director and CEO of the Secure Community Network, an organization that coordinates security for Jewish institutions nationwide, said that the outcomes of the attack Thursday reflected the preparedness of Temple Israel.
“Investing in security is an investment, it’s a down payment on the Jewish future,” said Masters. “The community that made up the synagogue, the larger Detroit Jewish community, has been making that investment for years and years, and today, that investment paid off and lives [were] saved.”
Among the security measures that Masters said his organization recommended were “bollards or fences or natural obstructions” to the building, controlling access to the facility through reinforced doors or windows and having a security presence.
“What we hope this reaffirms is that security needs to be an ongoing investment in order to allow Jewish life, faith based life, to thrive,” said Masters. “And very much that investment can result, and did result, in Jewish lives being saved, and so we all need to recognize that and commit ourselves as members of the community at every level to be a part of making that investment at whatever level we can.”
In the wake of the fatal shooting of two Israeli embassy staffers in Washington D.C. in June, the synagogue hosted a town hall on hate crimes and extremism.
Among the speakers at the town hall was Noah Arbit, a lifelong congregant of Temple Israel who represents West Bloomfield in the Michigan House of Representatives. Arbit said in an interview on Thursday that after he first learned of the attack while working on the state house floor, he immediately began to cry and raced down to his home synagogue.
“I campaigned on taking on hate crimes,” said Arbit. “To be working on these issues, and then to see it come home to roost in my own community, in my own synagogue, in my hometown that I represent is, frankly, just like my worst nightmare.”
While Arbit praised the response by security and law enforcement as the attack unfolded, he said he was “outraged and enraged and deeply pained that it was necessary in the first place.”
“Jewish communities across the country and world have watched, you know, for the past decade, as our institutions have congealed into fortresses,” he said. “We are now forced to live behind, basically, you know, militarized, institutionally securitized institutions, and what a shame that is. It’s not just a shame, It’s unfathomable, it’s unforgivable.”
For Rabbi Mark Miller of Temple Beth El, another Reform synagogue a 20-minute drive away in Bloomfield Hills, the attack on Temple Israel served as a stark reminder of why security infrastructure was essential for Jewish institutions.
“This is one of those moments when, for years and years, we have bemoaned that we have to put so much time and energy into security for our institutions,” said Miller. “And this is one of those days that reminds us that we don’t have a choice.”
Miller’s synagogue had a recent security crisis of its own, when a man drove through its parking lot in December 2022 and shouted antisemitic threats as parents walked their preschoolers into the building. The assailant, Hassan Chokr, was sentenced to 34 months in prison in September for illegally possessing multiple firearms inside a gun store after leaving the synagogue.
“It’s a terrifying day, obviously for a lot of people, especially for parents with their kids at not only Temple Israel but at ours and other temples and Jewish institutions,” Miller said.
Lader said that among her congregants, two competing sentiments had jumped out: Those who “never, in a million years, in our heart of hearts, thought it was ever going to happen to us” and others who “knew it was only a matter of time before it knocked on our door.”
But another feeling was even stronger, she said.
“I think the overarching sentiment, and the one that I want to make sure gets out there, is our absolute gratitude to our internal teams, our amazing staff, local law enforcement and our teachers for really, like, a building full of absolute heroes, who were able to keep us safe,” Lader said.
The post A gunman rammed a Michigan synagogue. Its security preparations may have saved lives. appeared first on The Forward.