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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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Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests
(JTA) — A bipartisan group of lawmakers introduced a federal legislation Thursday in the House and Senate aimed at protecting houses of worship from disruptive demonstrations, following a series of protests outside of synagogues this year.
The Right to Worship Act was introduced by Sens. Ted Cruz, a Texas Republican, and Elissa Slotkin, a Michigan Democrat, alongside Reps. Brad Knott, a North Carolina Republican, and Tom Suozzi, a New York Democrat. It would establish a 100-foot “buffer zone” around houses of worship during religious services — mirroring similar legislation recently enacted in New York.
“The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met,” Cruz said in a statement Thursday.
The legislation would also establish civil penalties for offenders and provide pathways for individuals, including state attorneys, to seek court orders and damages in federal court. While the legislation would target protesters who knowingly disrupt scheduled religious services, houses of worship would not be required to make their schedules public.
The bill’s sponsors say the measure is aimed at conduct rather than the content of protesters’ speech.
“No one should have to push through a hostile crowd or shout over a bullhorn in an attempt to pray,” said Jonathan Greenblatt, the CEO and national director of the Anti-Defamation League, which helped lawmakers draft the legislation.
It’s the latest attempt at passing federal legislation aimed at insulating houses of worship from protest, following Suozzi’s “SACRED Act” legislation, a similar bill he introduced in April but which has not progressed in the House.
Those efforts have now been joined by Slotkin, who is Jewish, and Cruz, who has often taken aim at antisemitism within the Republican coalition over the past year.
“Exercising your right to worship should not require you to exhibit particular courage as you enter your synagogue, church, mosque, temple, mandir, or gurdwara,” Suozzi said in a statement.
The New York City Council passed a local buffer zone bill in March following a series of pro-Palestinian protests outside of synagogues that hosted Israeli real estate expos. While Jewish groups and leaders heavily advocated for the measure, it also faced opposition from civil rights leaders who said it would have a chilling effect on First Amendment protections.
This article originally appeared on JTA.org.
The post Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests appeared first on The Forward.
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Over 95% of Canadian Jewish university students report exposure to antisemitism
(JTA) — Nearly all Jewish students surveyed on Canadian university campuses said they have experienced or witnessed antisemitism, according to a new government-commissioned report.
The survey from the Department of Canadian Heritage found that 95.7% of Jewish students said they were exposed to antisemitism, with 70% saying their university did not take antisemitism seriously and 22% reporting physical violence against Jews.
“Antisemitism on Canadian campuses is neither isolated nor episodic,” said Jack Jedwab, the report’s main author, at a press conference in Ottawa on Wednesday. “It can reasonably be described as systemic.”
The surveyed students anonymously detailed rhetoric, discriminatory treatment, vandalism, intimidation and physical attacks from their classmates as well as professors and administrators. Some 45% said they experienced Holocaust denial or distortion often or sometimes, and 65% said they encountered it “at least rarely.”
One respondent said they had witnessed a friend who wears a kippah being chased out of a school building by a group of students who shouted, “There is a Jew … let’s get him.”
Another student described a professor writing that “we need to kill all Zionists, that she had worked with them and saw how evil they were.” Students also said they were pressured by peers and professors to give their opinions on Israel because they were openly Jewish.
Some 36% of respondents complained about course content or classroom discussions that “they experienced as antisemitic or biased,” while 34% said “a professor introduced Jews, Judaism, Israel, or Zionism when unrelated to the course subject.”
The survey, out Wednesday as part of a report titled Campus Antisemitism and Student Experiences, included about 900 Jewish students from schools across Canada. It was originally conducted for the government’s special envoy on antisemitism, a role that Prime Minister Mark Carney’s administration dissolved alongside an Islamophobia envoy earlier this year.
Carney replaced those offices with a new Ministerial Advisory Council on Rights, Equality, and Inclusion, which he announced in June after saying that the country was “failing Jewish Canadians.” The new council was introduced as a push to unify the government’s approach toward combating systemic prejudice, but some Jewish groups decried the elimination of distinct envoys.
Pressure has mounted on Carney’s administration to stem the tide of antisemitic attacks in Canada since 2023, including gunfire at Jewish schools and synagogues and attacks on Jewish businesses and community centers.
On the same day the report was released, an Oklahoma-based organization called Jewish Tulsa made news for urging President Donald Trump’s administration to offer refugee status to Jewish Canadians.
“With the urgency around the challenges and the inaction we see in Canada, an asylum pathway makes sense,” Joe Roberts, who leads the conservative think tank, told The Canadian Press. He said that his family moved from Ontario to Tulsa after witnessing antisemitic graffiti in his neighborhood.
Martha Piper, former president of the University of British Columbia, said the campus antisemitism report revealed “a shocking presence of campus antisemitism throughout this country along with a troubling institutional failure to respond.”
“The results suggest a university culture that is not welcoming to Jewish students and systemically tries to exclude and vilify them,” said Piper.
This article originally appeared on JTA.org.
The post Over 95% of Canadian Jewish university students report exposure to antisemitism appeared first on The Forward.
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British Conservatives face backlash for nominating a former neo-Nazi for local office
(JTA) — LONDON — Britain’s Conservative Party has defended its decision to endorse a former neo-Nazi activist as a candidate in next year’s local elections despite his imprisonment for crimes including racially aggravated harassment of Jewish former Labour MP Luciana Berger.
Conservative Party leader Kemi Badenoch said the candidate, Joshua Bonehill-Paine, had demonstrated rehabilitation through his work in countering extremism. Berger, who was prominent in the last decade for her many battles against antisemitism on the right and in her own party, said in a statement that Badendoch “got this very, very wrong.”
“This case still haunts me,” Berger, who is now a peer in the House of Lords, posted on X on Tuesday afternoon. “I feel a bit sick reading well known commentators debate his selection today and say that ‘these are precisely the people we need in public office’.”
Bonehill-Paine, 33, was imprisoned for more than two years after being convicted of multiple crimes. Bonehill-Paine had called himself “a proud antisemite” while planning a 2015 rally that aimed to undo the “Jewification of Great Britain.”
Bonehill-Paine will run for the Crewkerne South seat on Somerset Council in southwest England in May 2027, less than a decade after his release from prison in 2018. His incarceration came after he was prosecuted for sharing what a judge described as “vile” antisemitic material ahead of a planned neo-Nazi demonstration, as well as for racially aggravated harassment after publishing a series of antisemitic blog posts targeting Berger.
Among other slurs, he referred to Berger as an “evil money-grabber,” depicted her as a rodent and said the number of Jewish Labour MPs was “a problem.”
According to the Guardian, Bonehill-Paine said the Conservative Party and his local branch were aware of his past before selecting him. He told the Guardian that since his release from prison he has spoken publicly against antisemitism and extremism and has completed government-backed radicalization and counter-extremism programs.
The Conservative Campaign Headquarters responded to a Jewish Telegraphic Agency request for comment by relaying Badendoch’s remarks to reporters in Surrey on Tuesday morning.
“I think people can look at me and know that I’m not a person who would be recruiting neo-Nazis,” said Badenoch, who was raised in Nigeria and who has become an outspoken critic of rising antisemitism in Britain. “Josh is someone who actually has been certified by the Home Office to train police officers on antisemitism and on countering extremism.”
She acknowledged Bonehill-Paine’s conviction but said he has “shown contrition for his crimes, has been rehabilitated and is spending every day working to solve the very problem which he knew he had caused previously.”
She added that he is “actively working to help communities, especially Jewish communities and this is what I want to see.”
The backlash from Jewish organizations has been swift . Board of Deputies of British Jews Vice President Karen Newman stated, “It beggars belief that any party would select as a candidate a multiply convicted felon and the founder of a far-right group called National British Resistance.”
She also noted that the board had contacted the Conservative Party “to set out our concerns and call on them to rescind his selection and review their vetting processes.”
The Board of Deputies and the Jewish Leadership Council put out a separate joint statement saying they had declined the Conservative Party’s invitation to meet with Bonehill-Paine, stating that his “crimes targeting Luciana Berger and others mean that he still faces ongoing legal restrictions.”
They added, “Whilst we do believe in the possibility of rehabilitation, this should not in this case entail selection as a candidate for a major political party, and the impact of this decision on the victims ought to be a central consideration.”
Both organizations said they had agreed to meet with members of the party “to discuss their decision-making processes and to urge them to rescind this decision.”
The Jewish Labour Movement called the decision “truly appalling,” saying that Bonehill-Paine’s record, and particularly his attacks on Berger, should have disqualified him from elected office. “This is a former Neo-Nazi who was sent to prison for racially abusing a Jewish politician,” the group said.
Berger represented Liverpool Wavertree from 2010 until 2019 and entered the House of Lords last year. During her tenure she received constant antisemitic abuse, both online and in person, and was the target of several criminal incidents involving extremist harassment.
Bonehill-Paine did not respond to JTA’s requests for comment.
This article originally appeared on JTA.org.
The post British Conservatives face backlash for nominating a former neo-Nazi for local office appeared first on The Forward.
