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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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Blacks and Jews were allies once, can they be again?
The Rekindle graduates laugh, clap their hands, and twirl to “Hava Nagila.” They are Black and white, Jewish, Christian, and agnostic.
It’s the sort of scene that Matt Fieldman, a white Jew, and Charmaine Rice, a Black Christian, envisioned when they launched Rekindle in Cleveland in 2021. The organization, now with 20 chapters nationally and six more in development, aims to revitalize Black-Jewish relations in the U.S. and help rebuild the groups’ historic connections.
Other initiatives share similar goals. Exodus Leadership Forum from CNN commentator Van Jones brings together Black, Jewish, and Black-Jewish leaders over dinner in multiple cities for “nights of deep conversation” and “a space to share history, confront hard truths and imagine a shared future,” according to a promotional video. The organization anticipates holding more than 300 dinners this year in partnership with community groups, Jones told the Forward.
Hillel International, the Foundation to Combat Antisemitism, and UNCF (formerly the United Negro College Fund) are hosting Unity Dinners with speakers and dialogue for students on college campuses in 14 cities. Additional efforts include local groups for teens or adults, such as Challah and Soul in Los Angeles and the Charlotte Black/Jewish Alliance in North Carolina.
For some, nothing less than democracy is at stake. “I think the most powerful alliance for good in the history of Western civilization is Blacks and Jews together,” said Jones, who is Black.
Advocates point to rising rates of antisemitism and more than 3,000 hate crimes committed against African Americans in 2024. Blacks and Jews were effective allies for social change during the civil rights era and can be again, the thinking goes, even amid such painful obstacles as the turmoil in Gaza.
“There were relationships that were hurt as a result of the war, but we still have to continue to work as hard as we can to heal them,” said Rabbi Judy Schindler, executive director of Spill the Honey, which creates films, educational curricula for students, and workshops to help “the Black-Jewish alliance today” fight antisemitism and racism. “There’s just too much work to do right here,” said Schindler, who is white.
How bridges are being rebuilt
Movement leaders point to the need for education as a foundation for reconnection and action today. Jews were among the NAACP’s founders in 1909. Soon after, Julius Rosenwald joined Booker T. Washington to build thousands of schools for Black students. During World War II, Black soldiers fought Nazism, while Black colleges and universities offered faculty positions to Jewish academics fleeing Europe. In the civil rights era, “the room where it happened” was in the Religious Action Center of Reform Judaism, where leaders drafted the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
Black and Jewish people have an historic alliance, said Shonda Isom Walkovitz, the Black Jewish co-founder of Challah and Soul. “It’s in both our DNAs what we have experienced, not only across Europe but in the United States. It was no ‘Blacks, no Jews, no dogs,’” she said.
Still, historical understanding is just a start, those involved in this work agree. Renewing the alliance requires opportunities for moderated, honest conversations to see where the groups’ current values, experiences and priorities intersect locally and nationally.
People need to build relationships and trust, said Fieldman, before allyship can happen. The five-session Rekindle curriculum, with an optional sixth session on Israel, is designed to deepen knowledge of each community while providing a place for questions and dialogue. Among the topics: Who benefits from the Black and Jewish communities not getting along?
“People are hungry for a space to have meaningful conversations,” Fieldman said. “They want to get off social media, and they want to have a space where they can’t be canceled or have negative ramifications of asking a question or talking honestly about their opinions.”
Jones has seen the same need at the Exodus dinners, where people enter cautiously but once “you break the seal and let people speak about their own personal experiences, not politics, not geopolitical events, but our own experiences as Jewish people, as Black people, as people who might be both Black and Jewish, the heart opens up,” he said.
Meaningful experiences are key. Rekindle participants can join each other for Shabbat dinners, church services, arts and cultural events, and holiday celebrations, including Juneteenth. Friendships have led to joint projects, such as joining a community clean-up hosted by local churches.
In Los Angeles, Challah and Soul hosted a Soulful Seder last year which attracted 150 guests. Organizers and audience members wrote a Haggadah at the Seder together that incorporated the Black American story of enslavement. This year, they will add part of the Latino experience into the same Haggadah.
The Charlotte Black/Jewish Alliance honored the 60th anniversary of the Edmund Pettus Bridge crossing in Selma, Alabama by recreating the journey from Atlanta to Selma. The group visited museums on Black history, along with synagogues and Black churches that supported protestors.
“The questions and discussions that happened on the bus – it was eye-opening,” said Ty Green, a Black Christian leader of the group. “We unfolded and opened up about our feelings about what we saw.”
Experiences like these can allow each group to see that the other is not a monolith. “Some of the bias and stereotypes of both communities exist because they’ve really never talked to anyone who was from the other community,” said Harriette Watford Lowenthal, a Black Jewish woman who has led Rekindle cohorts and trained with Exodus Leadership Forum.
She believes the voices of Jews of color are essential to this work. “In my experience, the Black community isn’t very well educated about Jews of color,” she said. Knowing there are Jews from a variety of backgrounds can boost African Americans’ connection with the Jewish community. Those perspectives may be especially important among younger people. One 2024 study found that 18-year-old registered voters are five times more likely to have an unfavorable opinion of Jewish people than 65-year-olds.
Attempts to “bring the band back together,” as Jacques Berlinerblau puts it, have their skeptics. Berlinerblau, professor in the Center for Jewish Civilization at Georgetown University, wishes these organizations well but doesn’t believe the juggernaut from 60 years ago can be revived. “For the overwhelming majority of the Black community, the relationship has never been central or particularly important,” said Berlinerblau, co-author with Terrance L. Johnson of Blacks and Jews in America: An Invitation to Dialogue.
“I think the most powerful alliance for good in the history of Western civilization is Blacks and Jews together.”
Van JonesCNN commentator and founder of Exodus Leadership Forum
Jones acknowledges that interest in reuniting is higher in the Jewish community than the Black community. “Black people have so many of our own problems that have been accelerated in the past couple of years and feel quite isolated,” he said, pointing to the collapse of job opportunities in the public sector, the end of DEI initiatives, and other challenges. “It’s something of a revelation to Black leaders sometimes that our help would be needed or appreciated in the Jewish community.”
Still, there are signs of momentum. In post-fellowship surveys, 93% of Rekindle graduates report they feel “empowered to address hatred of the other community that I see in my own community” and 80% have “advocated for the other community” six months after graduation.
Exodus Leadership Forum, Spill the Honey, and other leaders are planning to collaborate this spring on a combined national strategy for advancing the Black-Jewish partnership. Collaborations could include students from historically Black colleges and universities traveling to Tel Aviv to study its tech industry, or Black residents accompanying Jews at synagogue for support, Jones said.
The work is crucial during the country’s 250th anniversary, according to Benjamin Franklin Chavis Jr., chairman of Spill the Honey and North Carolina youth coordinator for Martin Luther King Jr., in the early 1960s.
“This is a pivotal year in terms of what defines an American,” Chavis said. “Where are we going? What is the ethos? Can pluralism work, and can we be mutually supportive of one another as brothers and sisters?”
The post Blacks and Jews were allies once, can they be again? appeared first on The Forward.
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Why is AIPAC targeting Trump’s ICE funding?
The American Israel Public Affairs Committee, often a reliable ally of pro-Israel Republicans, is now echoing Democratic outrage over one of President Donald Trump’s most polarizing policies: immigration enforcement. It comes amid backlash sparked by the fatal shooting this month of Renee Good by an ICE agent in Minneapolis.
AIPAC’s super PAC, United Democracy Project, began airing an attack ad over the weekend against former Democratic Rep. Tom Malinowski, who is running in a Feb. 5 primary for the House seat vacated by New Jersey Governor-elect Mikie Sherrill. The ad highlights his 2019 vote for a bipartisan border funding bill, which included an increase in funds for the Immigration and Customs Enforcement agency. “We can’t trust Tom Malinowski” to stand up to President Donald Trump, the voiceover says in the 30-second video.
AIPAC has become increasingly controversial among mainstream Democrats for backing pro-Israel Republicans who questioned the 2020 election results. That opposition deepened during the Gaza war as Democratic voters became more polarized over U.S. policy on Israel. Congressional candidates, including some Jewish Democrats, have promised not to take contributions from AIPAC. The group has also drawn attacks from white nationalists and some leaders of the MAGA movement for their lobbying on behalf of a foreign government.
The new ad is especially notable given that AIPAC has spent years cultivating ties to Trump-aligned Republicans, many of whom strongly support aggressive immigration enforcement. By attacking a Democrat over ICE funding while sidestepping Trump himself, the group is threading a narrow needle — aligning rhetorically with Democratic outrage while maintaining its broader bipartisan posture.
In the 2024 election cycle, the group spent $28 million in high-stakes Democratic primaries. That included more than $14 million, which contributed to the defeat of Rep. Jamaal Bowman, a strident critic of Israel. Malinowski, who served two terms in Congress from 2019 to 2023, holds a mainstream Democratic stance on Israel. During his first term, he traveled to Israel on a trip sponsored by the American Israel Education Foundation, AIPAC’s educational affiliate.
Israel has not been a key issue in the crowded special election in the northern New Jersey district, which includes a sizable Jewish electorate. The Jewish Democratic Council of America held a virtual candidate forum last week with eight candidates on issues important to Jewish voters.
A spokesperson for the United Democracy Project did not immediately respond to questions about why the group is targeting Malinowski, particularly on such a deeply contentious political issue. AIPAC spent at least $350,000 on the ad.
AIPAC ad is out https://t.co/f0cH6AIgja pic.twitter.com/udwL7nJgYf
— umichvoter (@umichvoter) January 17, 2026
Malinowski, 60, is a former assistant secretary of state for democracy, human rights and labor in President Barack Obama’s second term and previously served as a foreign policy speechwriter for President Bill Clinton. He first ran for Congress in 2018 in New Jersey’s 7th District, saying he was motivated by Trump’s election.
“I am myself an immigrant from Poland. My family was not Jewish, but experienced life under the Nazi occupation,” Malinowski said in an interview at the time. “That’s where my commitment to defending human rights comes from. That’s where my belief in the importance of protecting Israel comes from.” He is a close friend of former Secretary of State Antony Blinken. Malinowski was defeated in the 2022 election.
Malinowski is competing for the open seat against at least two leading contenders: Outgoing Lt. Gov. Tahesha Way and Essex County Commissioner Brendan Gill.
AIPAC typically focuses on U.S.-Israel relations and national security issues. However, its political arm has focused on domestic issues in close contests.
In 2024, they attacked Reps. Jammal Bowman of New York and Cori Bush of Missouri — two of the first House members to advocate for a ceasefire after the Hamas attack on Oct. 7, 2023 — over their votes against signature Biden-era bills, like infrastructure and healthcare.
In a statement to the New Jersey Globe, Malinowski called the attack “laughably preposterous” and suggested it would boomerang against AIPAC. “I have many pro-Israel supporters in the district, including AIPAC members, who believe you can be passionately pro-Israel while being critical of Netanyahu,” Malinowski said. “To say that they’re appalled by this ad would be an understatement. In fact, I’m reading a collective sense that AIPAC has lost its mind.”
The post Why is AIPAC targeting Trump’s ICE funding? appeared first on The Forward.
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The Jewish women who kept Confederate graves from disappearing
In June 1866, just over a year after the Civil War ended, young Jewish men in Richmond, Virginia, removed their coats and set to work among the graves of their fallen comrades. Some were “frail of limb,” a newspaper noted. They wheeled gravel and turf, filled the graves, and tamped the earth down “in a very substantial manner.” It was the last sad tribute they could offer.
The work that day was organized by Jewish women in the city. Their aim was permanence: to enclose the soldiers’ graves, to mark them, and to ensure they would not disappear “before the relentless finger of time.”
The Hebrew Cemetery in Richmond was established in 1816, decades before the Civil War reshaped the nation and long before the city became the capital of the Confederacy. It was the second burial ground for the Beth Shalome Congregation, Virginia’s first synagogue. Tucked within its grounds is the Soldiers’ Section, where 30 Jewish Confederate soldiers are buried, in what is believed to be one of only two Jewish military cemeteries in the world outside Israel.
They came from across the South, including Georgia, Mississippi, South Carolina, Virginia, and beyond. A bronze plaque at the entrance reads: “To the glory of God and in memory of the Hebrew Confederate soldiers resting in this hallowed spot.”
What matters here is not only who is buried — but who remembered them, and how.
The work the war left behind
In 1866, just a year after the war’s end, Jewish women in Richmond organized the Hebrew Ladies’ Memorial Association. That same year, the group issued an appeal “to the Israelites of the South” for aid to enable the society to care for the graves of Jewish Confederate soldiers from all over the South who lie buried in the cemeteries of Richmond.
It was a duty, an act of chesed shel emet, Hebrew for the truest form of kindness, performed for those who could not repay it.
Newspaper accounts from the period are striking for their clarity and urgency. These women understood that the work of memory is laborious — physical, ongoing, and vulnerable to neglect. Graves, they warned, could vanish unless someone acted.
So they took responsibility.
By the late 1860s and 1870s, the Association’s work had grown to include an annual memorial service. Reports describe flowers laid carefully on each grave, marble slabs placed at the head of each burial, names and regiments inscribed so those resting there would not slip into anonymity.
An 1868 account observed that “each grave has been marked in a manner that ensures that the names of the still tenants of this beautiful spot will be preserved from oblivion; and handed down to be further cherished by the generations yet to come.”
That language echoes a Jewish concept. Zachor. Remember.
Memory, they understood, does not preserve itself.
Importantly, these memorial services were not closed affairs. One report from 1868 noted that the crowd gathered in the cemetery “was not confined to any one denomination.” Jewish lives were honored in the public view, but still held apart from Richmond’s larger Confederate cemeteries, Hollywood and Oakwood, which were not consecrated for Jewish burial and could not accommodate Jewish ritual requirements, including separate sacred ground.
Tending the dead
The care itself remained constant, but the language surrounding it did not.
What is striking in early accounts of the Soldiers’ Section of the Hebrew Cemetery is not the absence of politics, but how its weight changes over time.
In the earliest years, memory and the war were still closely bound. The 1866 appeal issued by the Hebrew Ladies’ Memorial Association spoke openly of a “glorious cause” and framed the soldiers’ deaths within the language of Confederate sacrifice. Like other women’s memorial groups in the postwar South, these Jewish women used care for the dead to assert dignity and a claim to sacrifice in a defeated society.
Yet even then, the work itself was grounded in restraint. The focus was on names, tending, and preservation — on preventing the graves from vanishing. The labor was physical, repetitive, and unglamorous. Whatever meanings surrounded it, the work remained the same.
As decades passed, the emphasis shifted. By the 1930s, memorial services featured a cadet, Walter McDonald of the Catholic Benedictine College, sounding taps and the ceremonial laying of wreaths. Confederate organizations were invited to attend. In 1940 and 1941, the public was welcomed to observe the 74th and 75th annual memorials. After 1941, the Hebrew Ladies’ Memorial Association continued to participate alongside other organizations in Memorial Day observances, but it appears that by 1947 the local observance of “Hebrew Memorial Day” or “Jewish Confederate Memorial Day” faded as a distinct commemoration.
Across generations, the observance persisted, a refusal to abandon the dead to neglect. Memory grew larger than any one explanation. The women’s work became less about what the war had meant, and more about what the living still owed to their dead.
A refusal to forget
This is a complex story that shows how history so often complicates memory. It sits at the intersection of some of America’s most divisive episodes and a small minority faith community declaring its presence and its sacrifices over decades.
When the Civil War ended, Jews needed to be buried. What followed was a choice.
The Hebrew Ladies’ Memorial Association chose to take responsibility. To remember “many a loved brother, son, and husband.” To insist that whatever judgment history would render, oblivion was not acceptable for “Israelitish soldiers of the Confederate army.”
Today, the Soldiers’ Section in Richmond’s Hebrew Cemetery remains. Names are still remembered. The work begun in 1866 was not temporary.
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