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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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How Jews made ‘Les Miz’ Christian again
At the end of the 1941 school year, 13-year-old Yitshkok Rudashevski went to meet his friend from the Soviet youth movement. Their confab, and that clear summer day, was soon disturbed by the howl of a siren and the raining down of bombs.
“The street was full of smoke,” Rudashevski wrote in his diary. “It is war.”
On Sunday June 22, Nazis mobilized Operation Barbarossa and began their push toward Vilnius. That Rudashevski was determined to fight back could be credited, at least in part, to the book he had with him at the start of the offensive, which he planned to share with his comrades.
“I carry with me Der Giber in Keytn [The Hero in Chains],” the Yiddish translation of Les Misérables, Rudashevski wrote, “from which we will read together about Gavroche, the child of the Paris proletariat who fell on the barricades alongside the adult fighters.” (Gavroche died in the street fighting of the 1832 June rebellion in Paris; Rudashevski would survive Lithuania’s June uprising, and its ensuing antisemitism, to be murdered by Nazis in the Ponary massacre of 1943.)
It makes sense that Rudashevski, a dedicated Marxist and product of the Lithuanian Yiddish school system, would find a kind of role model in Victor Hugo’s gamin.
That Les Misérables in translation was popular among Yiddish-speaking socialists — it was serialized in the Forverts in our first year of publication — is itself unsurprising, given the book’s preoccupations with social justice. That its ethic was a fundamentally Christian one seemed to matter less than its overall message: a universal concern for “the wretched” and vulnerable, particularly children, women and the formerly incarcerated. This last factor may have resonated deeply with Baderekh, a Yiddish theater troupe composed of displaced persons, who staged the story in 1946 Berlin.
I’ve been reading Les Misérables for about a year now (it’s long and brimming with Hugo’s commentary on post-Napoleonic revolts, essays on the argot of the underworld and digressions on Parisian city-planning) and was successfully influenced to buy a nosebleed seat to the arena tour of the musical at Radio City last Friday. Watching the megawatt melodrama, it occurred to me that in much the same way Jews conquered the Christmas song catalogue, the Jewish creative team behind Les Miz brought Hugo’s doorstopper to the world — and arguably made it more Christian.
Composer Claude-Michel Schönberg, born in France to Hungarian refugee parents who lost much of their family in the Holocaust, and the Tunisian-born Sephardic lyricist Alain Boublil created a concept album and early stage version that was Gallic in the extreme, and so more concerned with Enlightenment concepts than an enlightened human soul.
But when the show was brought to British shores, Boublil, Schönberg and original directors John Caird and Trevor Nunn reimagined the structure, adding a prologue with Valjean and the bishop, who gifts him silver candlesticks to restart his life after 19 years slaving as a convict at the shipyard in Toulon.
The revamp, which brought on journalist Herbert Kretzmer as lyricist, gave the bloodhound Inspector Javert a new solo — beloved by Ben Shapiro — where he connects his unyielding policing to the watchful stars and the God who punished Lucifer for his challenge to the heavenly order.
Valjean prays. A lot. And it ain’t the Shema.
The key innovation of the musical may well be how it sets Valjean and Javert in opposition. Whereas in the novel, Javert seems to have no God save the rigid rule of law, in the show his dogma derives from what its creatives recently, and reductively, referred to in a New York Times interview as an “Old Testament” form of justice. His foil, Valjean, the redeemed man of mercy, stands in for the New Testament’s core of forgiveness, which the show clearly favors.
If it’s odd that the presentation of this false binary was trusted to a Jew named Herbert Kretzmer, it hasn’t seemed to deter many Jews from embracing the show as they once did the novel.
A couple of years ago, I attended a virtual Rosh Hashanah service that used the musical’s final takeaway, “to love another person is to see the face of God,” as its thematic thrust. (It was a bit much for me.) It would make just as much sense — though it would be cringe in the extreme — to deploy the show for a Yom Kippur sermon on atonement.
The Jewish affinity for the material is helped by that Hugo, unlike so many — probably most — of his contemporaries is not marred by antisemitism. He inveighed against pogroms in the Russian Empire in the 1880s, warning in an English paper that “Christianity is martyrizing Judaism” and publishing a not-so-subtle allegory about the Spanish Inquisition to drive the point home. I’d say he was doing the Emile Zola thing before it was cool, but it was never particularly popular to speak out in this way in the French Third Republic.
While Kretzmer was born in South Africa to refugees from a later wave of Tsarist pogroms, he and the other Jewish writers of the Les Miz musical do not seem to have been particularly observant. The strongest hint of the cultural inheritance is in the klezmeresque intro to “Master of the House,” a theme of the penny-pinching innkeeper Thénardier. (If that’s problematic, Thénardier later makes an antisemitic remark when the tune is reprised, implying he’s not Jewish himself.)
The show nonetheless points to universal values legible to Jews and, indeed, the world. Like Fiddler before it, Les Misérables is a global phenomenon not on the merits of its specificity, but for how it draws on a common humanity. The Yiddish left of the 20th century read the book; protesters in Hong Kong and China can now be heard singing the musical’s anthem of angry men.
As Hugo wrote in his introduction to the book, “so long as ignorance and poverty exist on earth, books of the nature of Les Misérables cannot fail to be of use.”
It may be immodest, but history, and his own adapters, have proven him right.
The post How Jews made ‘Les Miz’ Christian again appeared first on The Forward.
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When a country has gone insane, a ‘psychotic’ Israeli play like this makes total sense
What happens when individuals — and societies — lose their grip on reality, sanity, truth, or all three at once?
Af Mila L’Ima, or “Not a Word to Mother,” a play, running now at Beit Lessin in Tel Aviv, is a window into the mental state of the State of Israel right now. Like much of great Jewish literature, it combines comedy with tragedy.
Written by Noam Gil, and directed by Udi Gottschalk, the play opens with an air-conditioner repairman who finds himself summoned to the home of a woman he does not know. But she hasn’t called him there to fix her air conditioner.
After a few awkward — and very funny — minutes, the lady spits it out: Four days ago, she found out that her husband is having an affair with the air conditioner repairman’s wife.
“No,” he says. “Not my Galya.”
The woman can prove it to him, she says. She asks the repairman to hide, lie in wait for the two philanderers —and then attack her cheating husband with a rolling pin.
“No,” the repairman says, but soon a car is in the driveway, and the woman and the repairman dive behind the curtains.
It’s not who they think it is. Corinne, the woman’s teenage daughter, arrives with her crush, Nadav. The girl proceeds to discuss her mother in uncharitable terms. “I would kill myself if I turned out like her,” the girl says.
After a few minutes, another car arrives in the driveway.
This time it is the woman’s husband and the repairman’s wife, and they’re all over each other.
Just as they rip each other’s clothes off on the coffee table, the teenage daughter, dressed in her Scouts uniform, opens a door, and sees it all.
The repairman and the woman from the first scene emerge from their hiding places.
The horrified and traumatized teenage daughter has filmed the coffeetable make-out scene on her phone. And worse, she recognizes her father’s mistress; it’s her high school teacher.
The teenage daughter threatens to put the video up on TikTok. The adults panic. The situation spirals out of control; after catching his wife in the act, the seemingly peaceful repairman bloodies the nose of the woman’s husband. And Nadav, who can’t leave the apartment because no one will give him the keys — in Israel you need keys to leave the house —loses it.
“P’sichi! P’sichi! P’sichi! P’sichi! P’sichi, ” he yells. Psichi means “psychotic” or “crazy” in contemporary Israeli slang.
But this play is not just about one family’s petty, “psychotic” mess; these characters are each a type of mess in which the audience might recognize themselves: a philandering bal t’shuvah husband, talking big to his mistress about opening up new restaurants when he’s really bankrupt; a woman who has convinced herself she deserves a man with gigantic ambitions; a self-sacrificing, middle-aged mother who has given up on her own dream of writing a play to care for her husband and children; a teenage girl who claims to hate her own mother. Each character is trying to find a way of surviving this mess.
“When you live in a place that is psychotic, everything is normal,” one character observes. The entire audience laughed knowingly.
This line gains resonance as the play zooms out from the “psychotic” behavior of the four adults and the two teenagers to take a look at the place they are all living in: Israel.
In a chaotic household in a chaotic country, the characters look to Jewish tradition to try to stabilize themselves. “Ridfu shalom,” the air conditioner repairman keeps telling the screaming spouses around him, riffing off Psalms 34:15. “Pursue peace.”
But can you always pursue peace?
This play acknowledges that in some situations, that’s not possible. In that way, it looks straight at the belief of many Israelis that now, after everything — the Oslo Accords, the Second Intifada, the withdrawal from Gaza, and finally Oct. 7 — the two-state solution may simply not be something that can be pursued.
And maybe that’s why everyone has gone psychotic, and why so many theatergoers packed the house, to laugh in a time of tragedy — and, to use an American idiom, to “feel seen.”
As I was writing this in a Tel Aviv coffee shop, a young man came over and asked if he could ask me something. I said sure, expecting to be asked for money.
But he sat down and said he was a lochem, a fighter, and was just released, and needed to talk with somebody. Would I be willing to speak with him for a few minutes?
I said of course.
He wanted to be heard. He said his name was Tom, he was the second of six children and hoped to study business administration. We talked about where we grew up, how being a second kid feels like being inside a sandwich, and the difference between a mandatory draft in Israel and selective service in the US. And then he apologized. He said he had to keep walking to stay calm.
If he were to walk over to the Beit Lessin theater, he would find the benches on Dizengoff Street covered with bumper stickers memorializing young men lost in battle. Not far away, there is a fountain that memorializes those killed on Oct. 7. But these memorials do not provide answers. What’s sanity? What’s insanity? What’s “p’sichi” and what’s just a normal reaction to pain?
There are no easy answers. I waved to Tom as he walked on.
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It’s not just Harvard and Columbia. Small liberal arts colleges are quietly settling antisemitism complaints.
As major universities across the U.S. strike deals with the Trump administration over antisemitism complaints, a handful of small liberal arts colleges have been quietly settling cases of their own.
In the past week, Oregon’s Reed College and Pennsylvania’s Haverford College have both settled complaints accusing them of failing to protect Jewish students in the wake of the Hamas-led Oct. 7 attacks on Israel and the subsequent Israel-Hamas war. Pomona and Occidental Colleges, both in southern California, settled complaints in late 2024 and 2025, respectively.
At least nine other small liberal arts colleges — which unlike universities mainly focus on undergraduate and interdisciplinary education over research — are still locked in disputes.
These include Sarah Lawrence and Union in New York; Swarthmore and Lehigh in Pennsylvania; Middlebury in Vermont; Whitman in Washington; Wellesley and Williams in Massachusetts; and Scripps in California.
All colleges declined the Forward’s requests for comment.
“Institutions are failing to effectively respond to anti-Zionist conduct targeting Jews, as they’re legally obligated to do,” said Denise Katz-Prober, special counsel of the Brandeis Center for Human Rights Under Law, a non-profit dedicated to advancing the civil rights of the Jewish people. “Most, if not all, of the measures that would apply to a larger institution also apply to a small liberal arts school.”
In most cases, Jewish legal advocacy organizations such as the Brandeis Center, the Anti-Defamation League, or StandWithUs Center for Legal Justice (SCLJ) have leveled the accusations by filing complaints with the U.S. Department of Education’s Office for Civil Rights.
Jews at Haverford, a group of Jewish students, faculty, parents and alumni of the Pennsylvania school, opted for a different tactic, filing a civil lawsuit against the college.
The Trump administration launched investigations of 60 colleges and universities, including small liberal arts colleges. But it has not taken the same drastic measures with them as it did with larger universities, where it used federal funding as leverage. While some schools agreed to the federal government’s demands and reached multi-million dollar financial settlements, others like Harvard did not, and were subsequently hit with lawsuits. A judge dismissed the lawsuit against Harvard on Thursday.
Most complaints have been filed under Title VI of the Civil Rights Act and allege that colleges didn’t take sufficient action when Jewish students complained they were discriminated against. The complaint against Reed College alleged that the school’s inaction after a student claimed she was harassed for being a Zionist created an environment where, soon after, the mezuzah on her doorframe was destroyed and a rock was thrown at her through her dorm window.
At Lehigh, a Jewish student’s mezuzah was stolen, according to the complaint, and, shortly after, a “Stand With Palestine” sticker was placed outside the same door. Lehigh police conducted and closed a brief investigation, the complaint says, but when the student identified who admitted to placing the sticker, the college declined to discipline them or increase security surveillance in the dormitory. Because of this, the complaint says, the Jewish student requested alternative housing for his own safety.
“This is outrageous and blatantly unequal treatment,” reads the complaint, filed by StandWithUs.
The lawsuit against Haverford accuses the school of being too permissive with pro-Palestinian protesters, who occupied the school’s main administrative building in December 2023. According to the suit, protesters would perform chants “quoting from the Hamas Charter,” which calls for the destruction of Israel and the killing of Jews. The suit also accused the president of saying she would take “no punitive action” against the protesters.
At Wellesley, a student resident assistant sent an email to the underclassmen in her dorm saying, “there should be no space, no consideration, and no support for Zionism within the Wellesley College community,” according to the complaint filed by the Brandeis Center.
The RA sent an apology letter to residents, according to the complaint, but soon after posted on her social media that she stood by her statement, sent the apology because she “had a gun to [her] head,” and called students who objected to her message “some weak bitches fr.” The Title VI complaint against Wellesley alleges that the school didn’t do enough to address this issue.
As part of their settlements, Reed, Pomona and Occidental agreed to adopt the International Holocaust Remembrance Alliance working definition of antisemitism. The schools also agreed to include education to fight antisemitism in their bias training, and to strengthen the rules for campus demonstrations with regard to time, place and manner.
Haverford also agreed to adopt the IHRA definition, which states that claiming Israel’s existence is a “racist endeavor” or comparing “contemporary Israel policy to that of the Nazis” can be antisemitic.
Jonathan Zimmerman, a professor of history and education at the University of Pennsylvania and an advocate for free speech on college campuses, fears that adopting this definition will stifle that freedom.
“I’m Jewish, and anti-Zionist rhetoric is hard for me to hear,” he wrote in an op-ed for the Philadelphia Inquirer. “But that’s why I should hear it. Zionism is probably the most contested question on our campuses right now. Unless everyone can address it freely and openly we’ll never get a good purchase on it.”
Katz-Prober of the Brandeis Center said the IHRA definition does not restrict or censor speech.
“The IHRA definition specifically and explicitly states that criticism leveled against Israel, similar to that leveled against any other country, is not antisemitism, and also requires context,” she said.
“Antisemitism cannot be effectively addressed without first being able to understand and recognize it and the IHRA definition is the most effective and widely accepted tool for doing just that.”
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