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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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UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza
(JTA) — Andy Burnham, who is on track to become Britain’s next prime minister following Keir Starmer’s resignation last month, apologized for his party’s handling of the aftermath of the Oct. 7, 2023, Hamas mass killings in Israel, saying that it should have done more to push for a ceasefire and called for exerting greater pressure on the Jewish state today.
His comments prompted a joint response from the Board of Deputies of British Jews and the Jewish Leadership Council, which said they had contacted his team to express “significant concerns” about his remarks.
Burnham made his comments in a video statement on Thursday in response to questions from the public. Burnham is likely to become the next prime minister after gaining the overwhelming support of sitting Labour members of Parliament. To date no one has challenged him for the party’s leadership ahead of a July 17 deadline.
“I know many people feel that at the start of Israel’s military action in Gaza, my party didn’t get it right, and I am sorry about that,” he said. He added that he supported further sanctions on Israelis involved in the violence in Gaza, measures to ban trade with Israeli settlements and restrictions on arms licenses to Israel, saying there was “increasing evidence that war crimes appear to have been committed.”
He also condemned increased antisemitism in Britain, and said that tackling antisemitism did not contradict holding Israeli Prime Minister Benjamin Netanyahu’s government to account.
His comments came as lawmakers across the political spectrum have pushed for increased condemnation of Israel and sanctions on the country.
“The unbearable suffering in Gaza is a scar on our collective conscience,” Burnham said. “The killing of innocent Palestinians, including children,” was “completely unacceptable,” he added, declaring that Britain had to do more to “put pressure on the Israeli government.”
He described the country as “too slow to call for a ceasefire” and that “we must now do more to strengthen our approach” as “Israel continues to violate the ceasefire agreement killing innocent Palestinians.”
In their response, the Board and JLC said they shared “concern for the humanitarian situation in the Gaza Strip” but stated that the conflict “cannot be understood without reference to the role of Hamas not only in launching the conflict but in perpetuating the war through the holding of hostages, war-fighting entirely from within the civilian population, and [their] ongoing refusal to cede power and disarm, in line with the 20 point peace plan.”
They added that the conflict also could not be understood without reference to Hamas’ regional backers and allies, including Iran and Hezbollah. Burnham addressed none of this in his comments.
Burnham did, however, reiterate his condemnation of Hamas, describing the Oct. 7 attacks as “monstrous,” stressing that he denounced them “as strongly today as I did in the immediate aftermath.”
He said that he also condemned “the increase in appalling antisemitic attacks here in the U.K. and those who seek to divide our communities by targeting Jewish people.”
“I felt first-hand the anxiety in our Jewish community and the very real threat they face,” the former mayor of Greater Manchester said, referring to the Yom Kippur 2025 attack on the city’s Heaton Park synagogue in which two people were killed.
The Board and JLC welcomed Burnham’s “zero tolerance approach to antisemitism” and affirmed his assertion that “there is no contradiction between fighting antisemitism and disagreeing with actions of the Israeli government.”
However, they said, “Antisemitism cannot be confronted without addressing all its drivers,” arguing that in Britain that includes “Islamist, far left and far right extremists who go beyond criticism of the Israeli government to a place of hatred directed at Jews and Israelis.”
Their joint statement pointed out that Burnham knew “first hand the links between hatred of Israel, antisemitic extremism and deadly violence against British Jews,” adding that, “in a country in which antisemitism has become more normalized, more extreme and more violent, we call on our leaders to show the utmost care in their rhetoric in relation to the conflict.”
This article originally appeared on JTA.org.
The post UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza appeared first on The Forward.
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NY congressional candidate Darializa Avila Chevalier doubles down on attending Oct. 8 pro-Palestinian rally
(JTA) — Democratic congressional candidate Darializa Avila Chevalier defended her presence at a pro-Palestinian rally the day after Hamas’ Oct. 7, 2023, attacks on Israel during a wide-ranging interview Friday with progressive Jewish author Peter Beinart.
“I think the targeting of civilians is wrong in any context, including on Oct. 7,” Avila Chevalier said when asked by the editor-at-large of the leftist Jewish Currents about slogans legitimizing “resistance” that appeared at the rally. Avila Chevalier previously defended her attendance at the rally to City & State in June.
“I think what matters is international law, and what international law condemns and protects,” she said. “And it condemns the targeting of civilians, and it also protects the right to resist.”
Beinart, who is an outspoken critic of Israel and a journalism professor at the City University of New York, pushed back, saying that he “didn’t see any discussion of international law in that rally on the signs or the slogans of the kind that you are offering now … Were you uncomfortable by that?”
Avila Chevalier responded that, at any protest, there will always be “folks who are voicing opinions that you might not agree with.”
“I knew even as early as Oct. 8, right, where this cycle was headed, and I knew the things that I did have power over,” Avila Chevalier said. “The thing that we have power over is the fact that our tax dollars are going towards an apartheid state that has a pattern of engaging in this type of retribution against civilians.”
Avila Chevalier, a democratic socialist who helped organize pro-Palestinian encampments at Columbia University, ousted incumbent Rep. Adriano Espaillat last month in the Democratic primary for New York’s 13th Congressional District, which covers parts of Upper Manhattan and the Bronx.
“Today we make it clear. The politics of the past ends today,” Avila Chevalier told attendees at an election night watch party, where the crowd erupted into cheers of “Free Palestine.”
She joined two other progressive and Israel-critical candidates backed by New York City Mayor Zohran Mamdani in winning upset primary victories, cementing the anti-Israel mayor’s influence in the city’s politics and likely extending the left’s gains in Congress since the wins came in deeply Democratic districts.
Beinart’s interview offered an extensive look into the Israel-related positions that became flashpoints during Avila Chevalier’s campaign, including her attendance at the Oct. 8 rally, which was condemned at the time by Mamdani and fellow congressional candidate Brad Lander, and past criticism of former President Joe Biden’s policy toward Israel and Gaza in a since-deleted X account.
Many of the attendees on Friday’s Zoom call appeared unimpressed by the candidate’s responses.
“She is well intentioned, but also clearly is not familiar with the nature of the Israeli-Palestinian conflict,” said Hillel Schenker, a veteran American-Israeli peace activist.
Other attendees defended Avila Chevalier.
“I am surprised and disturbed by many of the comments made here that are just dismissing her comments and her approach to expressing her belief in human rights and a world without hierarchies of peoples,” wrote an attendee with the screen name Benjy Ben Baruch.
To kick off the interview, Avilia Chevalier described her internship in the West Bank as a 20-year-old Columbia University student, saying that at the time she observed “systems and how they were impacting Palestinian people and Jewish folks, and how people were being treated based off of those state structures.”
Beinart then asked Avila Chevalier why she believed Israel had become so “central for progressive politics.”
“I think there is a war machine that is insatiable,” Avila Chevalier replied. “An American war machine, the Israeli war machine, that we fund with our tax dollars as Americans, and instead what we could be funding is our communities.”
When asked by Beinart what she wanted to see as the future of the region, Avila Chevalier voiced her support for a one-state solution, which she described as “one governing body, one state that sees everyone as equal before the law, regardless of race, religion, identity, ethnicity.”
“We have seen over the course of history that attempts at two states have failed, and even so, I think in this question of like, well, do we partition to begin with, that inherently is divisive,” Avila Chevalier said.
Avila Chevalier also stopped short of saying that “Zionism is racism” when asked if she agreed with the statement by Beinart.
“Zionism is an ideology that creates this type of hierarchy that I’m talking about, and I just don’t believe that we should be striving for a world where there is a hierarchy among people,” Avila Chevalier replied.
Towards the end of the conversation, Beinart referenced scrutiny Avila Chevalier had drawn for her 2022 statements in which she condemned Dominican nationalism and said it was the reason she didn’t put the flag in her social media bio.
“What do you see as the fundamental differences between Zionism as a form of Jewish nationalism, the Dominican nationalism that you have had some concerns about, and Palestinian nationalism,” Beinart asked Avila Chevalier, whose parents are Dominican immigrants.
In response, Avila Chevalier referenced racist attacks she had endured for those comments in the lead-up to the election.
“While it’s not the majority of Dominicans, I would never say that, I think there is a faction that supports this ideology that I have just always found incredibly violent, and the type of rhetoric that I was subjected to, I think, is reflective of the very thing I was criticizing, and I see a lot of that in Zionism as well,” Avila Chevalier responded.
The candidate added that, in contrast to Zionism and Dominican nationalism, Haitian and Palestinian discussions of “liberation” were rooted in “a more universalist understanding of human rights before the law.”
“When I was there in Palestine, you know, some of the most dehumanizing language I’ve ever heard, right, was coming from Israeli soldiers towards children,” Avila Chevalier said, adding that she saw the movements “in very different lights.”
When asked whether she worried that “Hamas’s version of Palestinian nationalism may have exclusionary elements as well,” Avila Chevalier replied: “That’s why I worry about nationalism point blank.”
“Nationalism itself always gives me pause, but I think it’s important to also consider the context in which we’re talking about, like what group is engaging in this conversation, right, and the power dynamics at play there,” Avila Chevalier continued.
This article originally appeared on JTA.org.
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Many young Jews support a binational state. That doesn’t mean they’re anti-Zionist.
(JTA) — There are three kinds of young Jews the headlines keep confusing: the anti-Zionist, the non-Zionist and the young Jew who loves being Jewish, shows up, feels bound to other Jews, and cannot tell you what happened in 1967. The last is by far the most common kind I meet as the executive director of Hillel at Brandeis University.
The anti-Zionists are certain they have thought it through, and conclude that the Jewish state should not exist. The non-Zionist wants to be Jewish without making the Israel they see in the news central to their Jewishness. The third stays bound to Israel and its people, and wants it safe, democratic and Jewish, even when its government disappoints them. That is because Israel has become part of what it means to be Jewish now, like Torah study or acts of kindness, something you can wrestle with or resent but not simply set down.
A recent poll found nearly half of American Jews under 35 agree that a single binational state of Jews and Palestinians is the best resolution of the conflict. The headlines around the poll imply that these young supporters are anti- or non-Zionist. But I suspect many of those who embraced the idea do not reject Zionism but are expressing something else altogether.
The survey asked which of three resolutions is best. The first, two states for two peoples, looks dead after the peace process has repeatedly failed to deliver that outcome for their entire lives. It’s certainly not an option according to the Israeli consensus, with only 15% of Israeli Jews currently supporting two states.
The second, in which Israel annexes the West Bank and Gaza and rules millions of Palestinians who cannot vote, seems to be the vision of Israel’s current government.
The third option, one democratic country, imagines equal rights for everyone. To a young American of decent instincts and thin knowledge of the region, schooled to see the conflict as a matter of racial equality, the last sounds like simple justice: one person, one vote. Choosing it is not the same as joining an anti-Zionist movement, even if barely 1% of Israeli Jews back it.
Why then would a young Jew, proudly Jewish and emotionally bound to other Jews, embrace such a plan?
It’s because this generation is already too loosely tied to the history and people of Israel to distinguish between a government and a country. The war in Gaza brought this into view. Young Jews today never knew Israel as the underdog of 1948 or 1967. And this generation has simply spent less time there than their peers did a few years ago.
There are many ways to visit Israel: a family trip, a high school or youth group trip, a college internship. For close to 15 years, at Hillels in Michigan, Chicago and now Waltham, Massachusetts, I have taken hundreds of students to Israel, dozens of non-Jewish students to Israel and the Palestinian territories, and worked with thousands more.
Birthright was meant to add to that mix. Yet for many it became the only trip, and even that has diminished: from 50,000 a year before COVID to 20,000 in 2024. Young adults, forming their views now, have visited the least. It is hard to feel bound to a people you’ve never met.
And yet there is another story, and not just a Jewish one. In 2025, Gallup found American pride had fallen to a record low, also along generational lines: Just 41% of Gen Z say they are extremely or very proud to be American, versus 75% of baby boomers and more still among their elders.
Young Americans are loosening their grip on inherited attachments across the board, and young Jews’ disaffection with Israel is one instance of that drift rather than a singular act of rejection. Politics is also dampening their pride: For Jews, the government of Netanyahu and Israeli National Security Minister Itamar Ben Gvir; for polarized Americans, whichever administration sits in Washington.
That parallel points toward the repair. If your attachment to a country rests only on its current government, it collapses the day you cannot stand that government. So defending this Israeli coalition is a losing errand, and the wrong one.
Another round of advocacy training will not do it either. You cannot argue someone into a bond. It makes better debaters, not deeper ties, and too often it binds students to defending a government rather than a people. It is not fair to ask them to defend war aims the government itself has never clearly named.
And bringing more young Jews to Israel, however important that is, is not enough. The real work is to build the connection on something sturdier than politics and more lasting than a week on a bus: Jewish texts and traditions, mentors who bring both intellectual rigor and spiritual depth, and a shared sense of kinship with the largest Jewish community in the world.
Israel is now home to nearly half of all Jews alive. A young Jew who feels bound to that people holds a connection that can survive a government they find objectionable. As we’ve seen in the hundreds of local celebrations of America’s 250th anniversary, our love of country, at its best, can rise above whoever happens to be president. Our connection to Israel can rest on the same kind of ground.
I used to think the job of drawing young Jews to Israel was mostly a matter of better education, more Hebrew and more history. I still believe in those. But literacy lasts only when it is part of a Jewish life that is felt and lived, and the deeper work is to grow roots no argument can pull up. That comes from vibrant Shabbat tables, from Torah studied slowly with someone who loves both the student and the book, from time in Israel, early and often.
Some warn that the Zionist majority among American Jews may evaporate within a generation. Perhaps it will. But note the gap between the 37% of American Jews who call themselves Zionist and the 88% who support Israel’s existence as a Jewish and democratic state. Even if the label slips, the bond endures.
It is the everyday work of Hillel and Jewish educators on hundreds of campuses, here and around the world, to strengthen that bond. The students in this poll are not a cohort to be scolded, or a problem to be scoffed away. We are the ones who let their attachments to Israel grow thinner in their formative years, and the repair is ours to make.
Given how little we have given them, it is remarkable how many still feel bound at all.
Rabbi Seth Winberg is executive director of Hillel at Brandeis, the university’s senior Jewish chaplain and a doctoral candidate in American Jewish history. The views expressed in this piece are his own.
This article originally appeared on JTA.org.
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