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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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Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience
(JTA) — Ben & Jerry’s Israel operation has come up with a flavor that does not leave much to interpretation. Called “Milk and Honey,” a nod to the biblical description of the Land of Israel, its namesake ingredients are supplied by Israeli cows and bees and its chocolate fudge pieces come shaped like Stars of David.
The company, which split from its American counterpart after a contentious 2021 boycott fight, is billing the new pint as its “most Israeli flavor ever” and, on its website, as a “symbol of hope, rehabilitation, and positive action” after the Hamas-led Oct. 7 attack.
Its ingredients and production come from southern Israeli communities most affected by the massacre and the war that followed. The company, based in the southern city of Kiryat Malachi, said it “felt a responsibility to take an active part in the region’s recovery process.”
The milk and cream come from the dairy in Kibbutz Alumim, one of the Gaza-border communities infiltrated by Hamas terrorists on Oct. 7, 2023. The honey comes from the beehives of Kibbutz Yad Mordechai. The chocolate Stars of David are made by hand at the Korint factory in Beersheba, part of the Shkulo Tov social enterprise, which helps integrate people with disabilities into the workforce.
Even the wrapper is local: the pint is adorned with “Fields of Light,” a painting by Rivi Doron-Gerloy, a southern Israeli artist who was killed in a Miami car accident last year.
The flavor was developed in partnership with the Ayalim Association, a nonprofit that works to strengthen Israel’s periphery. The company said royalties from sales of the new flavor will go to Ayalim’s rehabilitation and educational initiatives in the south.
The Israeli and American Ben & Jerry’s operations are now completely separate, a split that followed one of the more improbable diplomatic dramas ever to involve ice cream. In 2021, Ben & Jerry’s said it would stop selling in Israeli settlements in the West Bank, saying sales there were “inconsistent” with its values.
The move set off an uproar in Israel. President Isaac Herzog called the boycott a “new kind of terrorism,” while Benjamin Netanyahu, then opposition leader, retweeted the company’s announcement that it would stop selling in the “Occupied Palestinian Territories,” writing, “Now we Israelis know which ice cream NOT to buy,” alongside Israeli flag and flexed-bicep emojis.
The original founders, Ben Cohen and Jerry Greenfield, who no longer control the company but remain its best-known faces, also came under fire after the decision. In an interview, they were asked why the boycott logic did not extend to places such as Georgia and Texas, despite their opposition to those states’ voting rights and abortion laws.
“Why do you still sell ice cream in Georgia? Texas?” Axios reporter Alexi McCammond asked in a video that went viral on pro-Israel platforms.
Clearly stumped, Cohen shrugged his shoulders. “I don’t know,” he said, laughing. “You ask a really good question and I think I’d have to sit down and think about it for a bit.”
Unilever’s then-chief executive, Alan Jope, also appeared to suggest that Israel had become an inconveniently sticky scoop of activism. “There is plenty for Ben & Jerry’s to get their teeth into in their social justice mission without straying into geopolitics,” he reportedly said in a quarterly earnings review at the time.
The standoff ended, at least commercially, when Unilever, Ben & Jerry’s parent company, sold the Israeli business in 2022 to Avi Zinger, the longtime Israeli licensee and owner of American Quality Products. The sale was accompanied by a legal fight that was inflamed when Zinger told an Israeli news outlet that, once he took control of the company in Israel, he could rename the signature flavor “Chunky Monkey” to “Judea and Samaria,” the Hebrew term for the West Bank.
Under the ultimate deal, Ben & Jerry’s could continue to be sold throughout Israel and in Israeli settlements, under Hebrew and Arabic branding, while the Vermont-based company said it disagreed with the move and would no longer profit from Israeli sales.
The split left the Israeli operation in an unusual position: carrying one of the most recognizable American ice cream names, while openly defying the political stance associated with that name abroad.
But the corporate restructuring has not been enough to cleanse the palate for everyone. On social media, the new flavor drew curiosity and praise, but also lingering resentment from those who said the brand name still carried too much baggage, even under Israeli ownership.
“I really don’t care if it’s owned by someone other than Ben and Jerry in Israel. Those two clowns’ names are still associated with the brand. I wouldn’t spend a penny for this ice cream regardless. That brand is done,” one person wrote on Instagram.
“We’ve been eating Häagen-Dazs since October 7th,” another said.
Last year, Cohen announced that he planned to produce a “flavor for Palestine” independently after Unilever blocked Ben & Jerry’s from creating one, soliciting suggestions about what should accompany watermelon, a symbol of Palestinian solidarity, in his concoction.
“Milk and Honey” has come to market faster. So does the new flavor deliver a taste of the Holy Land?
One food influencer, who called the new flavor a “statement,” offered a less scriptural verdict on the taste, shrugging that it “tastes like vanilla with chocolate chips” — a conclusion echoed by others in Israeli food aficionado groups, who lamented that the honey was barely noticeable.
One commented, referring to dairy-free desserts made to comply with kosher laws prohibiting the mixing of milk and meat: “Not the tastiest thing I’ve ever eaten, but not as bad as a pareve dessert either.”
This article originally appeared on JTA.org.
The post Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience appeared first on The Forward.
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Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries
(JTA) — New York City Mayor Zohran Mamdani on Thursday night accused the American Israel Public Affairs Committee of spending “millions in dark money” to ensure pro-Israel candidates win seats in tthe November midterms.
Mamdani made his remarks at a rally headlined by Sen. Bernie Sanders (I-VT) at Kings Theater in Brooklyn ahead of Tuesday’s Democratic primaries for progressive congressional candidates. He called on the crowd to help elect Jewish former New York City Comptroller Brad Lander, State Assembly member Claire Valdez and former Columbia encampment organizer Darializa Avila Chevalier.
In a fiery 30-minute speech, Mamdani took aim not just at AIPAC but also Israeli Prime Minister Benjamin Netanyahu and his handling of the war in Gaza. He claimed that “The monsters that we are up against, they take many different forms,” and then singled out AIPAC.
He described the major pro-Israel lobby as an organization “for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and Netanyahu’s wars.”
Mamdani continued by alleging that AIPAC moves “millions in dark money to accomplish a single goal, to preserve their power so that they can turn us against one another instead of our leaders turning towards the moral change we all know to be necessary.”
AIPAC did not respond to a request for comment about Mamdani’s remarks.
The lobby, whose endorsement was once heavily sought by politicians on both sides of the aisle, has increasingly come under fire for its campaign tactics. Pro-Israel Democrats are particularly struggling to hold onto seats as voters on the left increasingly turn against the Jewish state.
Sanders, for his part, doubled down on criticism of AIPAC when he took the stage. “The American people understand that a large part of our horrific foreign policy is impacted by AIPAC funding,” he said.
Turning to the local races, Mamdani voiced support for Valdez for her opposition to Israel. “When other Democrats chose to look the other way as Netanyahu committed war crimes, Claire didn’t just name the genocide,” he said. “She organized for a ceasefire.”
In a change of tone, Mamdani emphasized unity, including an appeal to Jewish voters.
“Whether you worship at shul, at a mosque, in a church, a gurdwara, a temple, or you don’t worship at all, we share a belief that our city deserves leaders who lead with hope and not fear,” the mayor said.
He added, “No matter where we live, how old we are, what train we take in the morning, or what bagel we order, we are New Yorkers and we want the same things,” including “a city that belongs to all of us.”
Reaction on social media was swift. One self-described mom from New York City posted on X of the rally and the Democratic Socialists of America there: “It’s pretty transparent and vile how Zohran Mamdani and the DSA are using ‘AIPAC’ as a euphemism for Jews, and how Brad Lander is going right along with it.”
Jewish writer Dovi Safier also criticized the comments, writing, “The mayor of the city with the world’s largest Jewish population is pushing conspiracy theories about ‘money men’ who ‘move millions in dark money’ to ‘turn us against one another’ — and calling them ‘monsters.’ Subtle.”
This article originally appeared on JTA.org.
The post Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries appeared first on The Forward.
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Jewish groups push back against Trump’s Iran deal — but more quietly so far than in 2015
(JTA) — A growing number of Jewish groups are pushing back against the new memorandum of understanding brokered between President Donald Trump and Iran.
At least for now, however, their responses are more muted than when the same groups publicly opposed former President Barack Obama’s own Iran deal in 2015. And at least one major Jewish group that opposed Obama’s deal is backing Trump’s framework.
“Trust President Trump,” the Republican Jewish Coalition told its followers Thursday, becoming the most notable Jewish group to support Trump’s memorandum of understanding.
“President Trump has earned the trust of the Jewish community as he and his team work towards a final agreement,” RJC CEO Matt Brooks and chair Norm Coleman said in a statement. They praised the MOU, saying it “envisions a horizon of economic stability for the United States, the region, and the world,” and that it “provides an opportunity for potential new pathways to greater peace.”
The RJC cautioned that “a final deal must avoid the flaws that doomed Obama’s,” specifying that there should be “no sunset clauses” on Iran’s nuclear program and other proposals. In the days before its own statement, the group had been reposting praise of the MOU from other Trump allies, including Sen. Lindsey Graham.
Meanwhile, the American Jewish Committee and the pro-Israel lobbying giant AIPAC took a different tack. They became the largest Jewish organizations to voice concern with the new Iran deal on Thursday, issuing public objections following requests for comment from the Jewish Telegraphic Agency.
The MOU “raises significant questions,” AIPAC said in a lengthy statement that urged Congress to intervene ahead of “a final nuclear agreement,” claiming that the terms of the MOU don’t match “President Trump’s stated objectives for the war.”
The AJC outlined what it said were seven “concerns” it had with the MOU. Like most of the other Jewish groups that responded to JTA for this story, the AJC also expressed hope that the terms of the deal could be changed to be stricter on Iran and more favorable to Israel before it is finalized. (In 2015, in response to Obama’s Joint Comprehensive Plan of Action, the AJC said it “overwhelmingly” would “oppose this deal.”)
Trump’s MOU is not a final agreement, unlike Obama’s JCPOA. Rather, it marks the start of a 60-day negotiating period that aims to end the Iran war about to enter its fourth month. It does not yet outline any clear commitments regarding Iran’s nuclear program, which had been at the heart of the JCPOA and which is of particular concern to Jewish groups, who are roundly opposed to Iran obtaining a nuclear weapon in large part because of the risk to Israel. Many had objected to Obama’s deal in part because of its “sunset clauses” that would have phased out nuclear restrictions starting at the 10-year mark.
Regardless, many analysts across the political spectrum are concluding that Trump’s framework is a worse deal than Obama’s, in part because it provides a pathway for Iran to stage an economic recovery.
The Israeli government, which sent Prime Minister Benjamin Netanyahu to personally lobby Congress in 2015 to oppose Obama’s deal, is also strongly opposed to Trump’s — in part because it would require Israel to withdraw from fighting Hezbollah in southern Lebanon. A new poll by Israel’s Channel 12 found that 71% of Israelis don’t trust Trump to look out for their country’s interests in negotiations with Iran.
Hawkish pro-Israel think tanks, including the Foundation for Defense of Democracies and the Jewish Institute for National Security of America, issued papers knocking Trump’s deal.
“In some ways, the MOU is even weaker than President Barack Obama’s,” JINSA said. “This new deal authorizes the transfer of far more money and lifts many more sanctions on Iran than the JCPOA ever did.”
Trump and his top surrogates, including Vice President JD Vance, are increasingly signaling a lack of patience with Israel and a willingness to prioritize ending the war over stopping Iran’s nuclear program.
Some groups are waiting before weighing in. Nathan Diament, head of the Orthodox Union, declared Obama’s deal “not kosher” in 2015. On Thursday, he told JTA that the question of how to respond to Trump’s deal “will be a central topic of discussion” at the group’s leadership advocacy mission in Washington, D.C., taking place early next week. O.U. representatives are scheduled to meet with members of the Trump administration, as well as members of Congress.
JTA reached out Thursday to a wide range of Jewish groups that publicly opposed Obama’s Iran deal in 2015 to ask them their views on Trump’s. Many others, including the Anti-Defamation League and the Conservative movement’s Rabbinical Assembly, did not respond by press time.
Of those who did, only Morton Klein, head of the right-wing Zionist Organization of America, castigated the MOU outright. Klein told JTA he was “extremely upset with this deal” — and with Trump.
“I find this deal just astonishing,” Klein said. “Helping out a country that Trump himself said, if they’d gotten nukes, they’d have used them on Israel and killed millions of Jews? So that mentality, now you’re helping them rebuild?”
He added, “Trump has done many wonderful things for Israel, so we’ve praised Trump for that. But now he’s doing something very bad for Israel and America.”
Such level of forceful public opposition to the deal, though, is rare in Jewish circles at present — especially in contrast with the extent of Jewish mobilization against Obama’s deal in 2015.
Back then, in addition to the usual Jewish advocacy groups, dozens of local Jewish federations across the country pushed their communities and representatives to fight it, in a sweeping and sustained show of opposition.
“This Iran deal threatens the mission of our Federation as we exist to assure the continuity of the Jewish people, support a secure State of Israel, care for Jews in need here and abroad and mobilize on issues of concern,” one typical statement, from the Jewish Federation of Greater Los Angeles, read at the time.
Three years later, during Trump’s first term, he tore up the JCPOA, calling it “a horrible one-sided deal that should have never, ever been made.”
The lack of similar opposition today for Trump’s deal, Klein said, was glaring: “Nobody is taking issue with this agreement in the Jewish world.”
Among local Jewish groups, the initial reaction to Trump’s MOU has struck a measured tone. The Jewish Community Relations Council of Greater Washington, one of dozens of local Jewish communal groups that publicly opposed the 2015 JCPOA, told JTA it was “concerned” that Trump’s deal “has granted Iran a new leverage point to use in the future to inflict pain on the world’s economy.”
Ron Halber, the JCRC’s head, blasted the MOU for being crafted without Israel’s input, and for requiring Israel to withdraw from its offensive against Hezbollah in Lebanon. Similar to AIPAC, Halber said his organization would continue to push for “a final U.S.-Iran agreement” that is more favorable to Israel and takes harsher measures against Iran.
In its statement, the Jewish Federation of Greater Philadelphia, which also opposed the JCPOA, did not directly weigh in on the new MOU. Instead, the federation said, “Any agreement involving the Iranian regime should be judged by its ability to prevent a nuclear-armed Iran,” among other factors.
JTA reached out to six other major Jewish federations that opposed the 2015 JCPOA, including Combined Jewish Philanthropies of Greater Boston, which was the first federation to oppose that deal and whose leader wrote, in 2021, “We were right.”
CJP of Boston did not respond to a request for comment. The Jewish United Fund of Chicago declined to comment, while several other federations that opposed the JCPOA — including Los Angeles, Miami, Phoenix and Detroit — did not respond by press time.
In its own statement opposing the MOU, AIPAC did not outline an advocacy plan to combat it, in contrast to its full-court press against the JCPOA. An AIPAC spokesperson did not return a JTA request for comment on whether, or how, it planned to advocate against Trump’s MOU.
This article originally appeared on JTA.org.
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