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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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In the depths of Tel Aviv’s bus station, a fragile refuge for those with nowhere else to go during war
(JTA) — TEL AVIV — Two floors underground, past dumpsters and oil-laden puddles, through a reinforced Cold War-era door, a bomb shelter is buried underneath Tel Aviv’s Central Bus Station.
Built in 1993 to accommodate more than 16,000 Israelis, the shelter found a new life during the Israel-Iran war as a public refuge for residents of Neve Shaanan, among Tel Aviv’s most diverse neighborhoods and one of its poorest, home mainly to asylum seekers and foreign workers.
With few other options for public shelters in south Tel Aviv, residents pitched tents in the squalor of a space that had fallen into disrepair — with pipes dripping and rats scurrying — for more than 38 days as Israel and Iran exchanged missile fire until a ceasefire that began on April 8 halted the fighting.
“It’s very difficult. Not just because of the war, but because of the conditions we’re living in,” Gloria Arca, who took refuge inside the shelter with her son, Noam, said in Spanish during an interview in April. “We’re protected from the missiles, but inside we’re not safe.”
For many Israelis, the bus station occupies a space that balances between nostalgia and revulsion. Until 2018, the station was a main node for travel into and out of Tel Aviv. Since then, ridership has dropped, and now the hulking structure is seen as little more than an eyesore. During Israel’s 12-day war with Iran last year, a short video by Israeli comedians went viral for sharing the station’s GPS coordinates in a video that jokingly urged Iran, “Please don’t bomb this bus station.”
Yet the station also offers a concrete window into Israel’s widening reliance on foreign workers, which has surged in the wake of the Oct. 7, 2023, Hamas attacks.
When there is no war on, the shelter functions as a community center, complete with a Filipino church, a refugee health clinic, and retailers catering to customers in more than a dozen languages.
During wartime, the station takes on a new and vitally important role as a shelter for those who have none in their homes or neighborhoods, no family in the country whose homes they can flee to and little ability to pay for temporary accommodations somewhere safer.
Arca, who came to Israel more than two decades ago from Colombia and is in the country legally, knew that it would take her and Noam more than 10 minutes to get to a shelter from their home — longer than Israel’s advanced missile warning system allows. So they decided to move into the bus station, pitching a tent alongside some of their neighbors.
Depending on the day, more than 200 residents spent their nights in the shelter during the war, according to Sigal Rozen, public policy coordinator at the Hotline for Refugees and Migrants.
“It’s not easy, especially with young children and families with special needs,” she said. “You can’t get up in the middle of the night and just run.”
The Hotline, with funding from the Tel Aviv Municipality, worked to improve conditions in the shelter, but the starting point was dire. During a visit in April, rats could be seen scurrying across newly installed artificial turf meant to brighten the space, and mosquitoes landed on visitors’ ankles before being chased off.
More than anything, Arca worries about safety in the shelter — but not from the war. “We’re protected from the missiles, but inside, we’re not safe,” she said. “Security is there, but they don’t do their job. Drug users come in and use the bathrooms. There are many children here, and we’re afraid.”
The challenging conditions were nothing new to many of the people who moved in, who represent an often unseen but growing sector of workers in Israel.
The category of “foreign worker,” a term used in Israel to describe non-citizen laborers, most of them from countries such as the Philippines, India, and Thailand, who enter the country on temporary work visas tied to a specific employer, has long been a fraught designation.
Dominant in some industries, such as home health care, where there are so many foreign workers that the role is known as “filipina” in Hebrew, foreign workers have taken on greater shares of other sectors in recent years, particularly after Israel banned Palestinian workers from Gaza and the West Bank after the Hamas-led Oct. 7 attack. With Israelis increasingly reluctant to take low-paying manual labor jobs, the Israeli government has moved to fill the gap by permitting employers to hire more foreign workers.
Israel’s foreign worker population rose by 41% in 2024 alone to more than 156,000. By 2025, the total had reached 227,044. It is expected to grow even more in the coming years, as the government has set a ceiling of 300,000 workers.
For many Israelis, footage that circulated after the ceasefire showing long lines of foreign workers arriving at newly reopened government offices to renew their visas offered a stark illustration of the growing sector.
It is not uncommon around the world for people from impoverished countries to migrate to countries with more work and higher pay. For the workers, occupying a tenuous legal status can be worth it to be able to support their families, send their children to stronger schools and earn wages on a different scale than in their home countries.
Evelyn, a Filipina caregiver sheltering with her three children beneath the Central Bus Station, declined to give her last name out of fear of deportation. “In Israel, I can earn 10 times what I do in the Philippines. So I have money to send back to my family — not just taking care of my kids here, but my parents in Manila.”
But advocates for the workers say foreign worker status, and Israel’s increasing reliance on foreign workers, creates conditions that are ripe for abuse. Ohad Amar, executive director of Kav LaOved, a nonprofit that works to uphold equal labor rights for all workers in Israel, said the workers are “enduring conditions akin to modern slavery.”
Many foreign worker visas in Israel are tied to a specific employer and are non-transferable. Kav LaOved has documented numerous cases of delayed or unpaid wages, as well as workers who feel pressured to remain silent about abuse from their employers lest they lose their immigration status.
“Israel had not relied on migrant workers in the same way before. This is the first time at this scale,” Amar said. “Every day we are getting reports of workers’ rights violations, and we are completely overwhelmed.”
During wartime, foreign workers are frequently exposed to Israel’s unique dangers in extreme ways. On Oct. 7, as sirens blared, foreign workers were slaughtered in the fields of kibbutzes near Gaza. During the most recent war, videos circulated online of construction workers from China who filmed themselves stranded high in the air during missile barrages, afraid and without protection.
The first death in the latest round of fighting with Iran was Mary Anne Velasquez de Vera, a foreign worker in Israel from the Philippines. At the end of March, two other foreign workers were killed by a Hezbollah rocket while working in a field in northern Israel after they were unable to reach shelter.
Feeling physically vulnerable is an experience many foreign workers in Israel know well. Evelyn, a migrant from the Philippines who slept in the bus station with her children during the war, described how, in an industry as intimate as caregiving, working with elderly people who struggle to make it to a shelter, workers can feel pressured to stay in the building during an attack.
“They can’t exactly tell their employer they left grandma in the building during a missile attack, because they’ll get fired and lose their visa,” Amar said.
Some of the risks are much less visible. Evelyn was out of work as a housekeeper for the duration of the war, when her employer, an elderly woman, left the country. She lived on donations from community members and civil society organizations.
“Here is still better than back home,” she said. “But we are all struggling, and not just because of the shelter. If I can’t start working soon, I really don’t know what I will do.”
Workers like Evelyn who lack work visas must rely on informal employment, making them ineligible for compensation from Bituach Leumi, Israel’s national workers’ insurance, when they go unpaid. But having a visa did not solve the challenges of war, Rozen said.
The threat of losing their visa if they lose their employment hangs over the heads of the workers, forcing them into difficult decisions, like whether to leave their children with volunteers at the shelter or alone at home.
“Even those who still have work face a problem. If a single mother has children and there’s no school, where does she leave them? She can’t bring them along when there’s an alarm,” Rozen said. “So even when work exists, many can’t do it.”
She said the war had offered a glimpse into the as-yet-unaddressed challenges that come along with Israel’s increasing reliance on importing labor from abroad. The country’s labor market didn’t come to a standstill, as was the case in other countries in the region such as the United Arab Emirates where the vast majority of workers are migrants who tried to leave, but for Rozen, something new and troubling was laid bare.
“If you don’t want foreigners here, then don’t recruit them,” Rozen said. “But you can’t recruit them, triple their numbers, and then expect them to disappear when there’s a war.”
The post In the depths of Tel Aviv’s bus station, a fragile refuge for those with nowhere else to go during war appeared first on The Forward.
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Nearly half of young Americans view US relationship with Israel as a burden, survey finds
(JTA) — Nearly half of young Americans, 46%, believe that the United States’ relationship with Israel is mostly a burden to the United States, according to a new survey from the Institute of Politics at the Harvard Kennedy School.
The Harvard Youth Poll, which polled 2,018 Americans aged 18 to 29, found that just 16% of those surveyed described the U.S. relationship with Israel as mostly a benefit.
Respondents were asked about their view of other U.S. alliances, including Canada, which 53% saw as beneficial, and Ukraine, which 21% saw as beneficial. Israel received the lowest perceived benefit of any country tested.
The survey also found that 55% of young Americans believe the U.S. military action in Iran is not in the best interest of the American people.
It comes as attitudes about Israel among young Americans in recent years have grown sharply negative. Earlier this month, a Pew Research Center survey found that 70% of Americans aged 18 to 49 held a somewhat or very negative opinion of Israel. That view was split among partisan lines, with 84% of Democrats in that demographic holding a negative view of Israel, compared to 57% of Republicans.
The Harvard survey was conducted by Ipsos Public Affairs between March 26 and April 3 and had a margin of error of 2.74 percentage points.
The post Nearly half of young Americans view US relationship with Israel as a burden, survey finds appeared first on The Forward.
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Long Island father and teen son arrested after investigation into swastika drawn in school bathroom
(JTA) — A father and his teenage son were arrested Wednesday after an investigation into swastika graffiti at the teen’s school led police to search their home, where authorities said they found chemicals used to make explosives.
The arrests stemmed from an investigation into swastika graffiti found in a boys’ bathroom at Syosset High School on Long Island. After police determined that a 15-year-old student had drawn the swastika, the Nassau County Police Department sent officers to his home.
There, the teen told the officers about the explosive materials, according to prosecutors. He said his father had purchased the chemicals for him to build rockets.
During the subsequent search of the home, police found “highly unstable” materials that had been combined to make explosives, including nitroglycerin, multiple acids, oxidizers and fuels. They began to evacuate people in adjacent homes, fearing an explosion.
The teen was not identified by police due to his age. Francisco Sanles, 48, who was arrested at the scene, has pleaded not guilty to seven criminal counts, including criminal possession of a weapon and endangering the welfare of a child. His son was charged with five counts, including criminal possession of a weapon, criminal mischief, aggravated harassment and making graffiti.
Swastika graffiti is relatively commonplace in schools, with the Anti-Defamation League reporting over 400 incidents in 2024: Syosset High School itself was hit by a spate of antisemitic graffiti, including swastikas, in 2017. But it is relatively rare that incidents result in arrests.
In an email to the school district Wednesday night, the Syosset School District — which enrolls a large number of Jewish students — said its investigation had identified the student for the police, and he would face “serious consequences pursuant to the District’s Code of Conduct.”
“Antisemitism and hate speech have no place in our communities or in our schools,” the district said. “Syosset has long been proud of being a welcoming, empathetic, and inclusive community and those values remain firm. We protect those values and this community by confronting and holding accountable those who traffic in any form of hate.”
In January, New York City Police arrested and charged two 15-year-old boys suspected of spraying dozens of swastikas on a playground in a heavily Jewish Brooklyn neighborhood with aggravated harassment and criminal mischief as a hate crime.
The post Long Island father and teen son arrested after investigation into swastika drawn in school bathroom appeared first on The Forward.