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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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Mamdani touts ‘Babies not Bombs’ messaging after flexing political muscle in the New York primaries
(New York Jewish Week) — New York City Mayor Zohran Mamdani celebrated the victories of the progressive candidates he endorsed in New York’s Democratic primaries describing their success as a “shift in the balance of power.”
Speaking to reporters on Wednesday, the morning after the primaries, Mamdani touted the triumphs as a shift in the balance of power between “working people” and “special interests.”
Mamdani-endorsed candidates Brad Lander, Darializa Avila Chevalier and Claire Valdez won Democratic nominations for Congress. During the press conference, the mayor repeatedly highlighted their calls to restrict U.S. military aid to Israel and redirect federal funding to domestic priorities.
Following Mamdani’s election night sweep in New York, President Donald Trump posted on Truth Social that “America the Beautiful will NEVER be a Communist Country!!!”
The victories offered an early demonstration of Mamdani’s political influence beyond City Hall, as several Democratic Socialist candidates he backed, including Chevalier, defeated established Democratic incumbents in their districts.
“The working person is struggling in our city to afford basic needs,” Mamdani said, adding that Avila Chevalier’s oft-repeated slogan of investing in “Babies not Bombs,” is “the kind of conscience, the kind of clarity, the kind of conviction that has been missing in our politics for far too long.”
Mamdani responded to the president’s post on Wednesday, telling a reporter who asked whether his goal is to make America a “socialist” country that his “goal is to make America a place that every American can afford.”
When asked about federal policies that could be affected by Mamdani’s endorsed candidates, the mayor cited Valdez’s support for “foreign policy that understands human rights for all” and Lander’s commitment to co-sponsoring the Block the Bombs Act, which prohibits the sale of certain U.S.-made offensive weapons to Israel.
Mamdani also dismissed a question about whether he was concerned about how the victories would play out in November as Democrats try to win back the House.
“Every time the fight for working people takes a step forward, you will hear Republicans say that this is actually going to jeopardize the existence of that very fight,” he said.
When asked whether the election of Chevalier, who has faced scrutiny for past social media posts attacking Democrats and her appearance at an Oct. 8, 2023, pro-Palestinian rally in Times Square, could “complicate campaigns for Democrats as a whole,” Mamdani replied “No.”
“[Chevalier] often speaks about a politics of life. She speaks about ‘Babies not bombs,’” Mamdani continued. “What could be a better example of what the people of the district want to see versus what the people of the district have been forced to experience, which is tens of billions of dollars being spent at a national level to bomb children overseas, while children in our own districts are struggling.”
The post Mamdani touts ‘Babies not Bombs’ messaging after flexing political muscle in the New York primaries appeared first on The Forward.
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Jewish anti-Zionist David Orkin defeats incumbent in NY Assembly primary
(New York Jewish Week) — David Orkin, a Jewish anti-Zionist attorney and democratic socialist, defeated incumbent New York State Assemblymember Jenifer Rajkumar in Tuesday’s Democratic primary. Orkin won State Assembly District 38, which includes parts of Queens.
Orkin, an immigrant workers’ rights attorney and union organizer, received 58.8% of the vote, while Rajkumar, who has represented the district since 2021 and is the first South Asian woman ever elected to office in the state, received 40.9%. The district covers a swath of Queens, including parts of Ridgewood, Glendale, Ozone Park, Woodhaven and Richmond Hill.
“Pro-Palestine candidates are sweeping in NYC tonight,” Jewish Voice for Peace Action wrote in a post on Instagram celebrating Orkin’s win Tuesday. “Palestine was on the ballot — and won. David will be a champion for Palestinian freedom in Albany.”
The post from JVP Action echoed a message Orkin had highlighted throughout his campaign.
“It’s so incredibly meaningful to me to be running this race as an anti-Zionist Jew, to be one of the few anti-Zionist Jewish voices that is in an elected seat in the state government,” Orkin said in an Instagram reel posted by Jewish Voice for Peace Action earlier this month.
He added that, if elected, he would be able to go in front of the state legislature and assert that “criticizing Israel for genocide, demanding an end to the occupation, demanding an end to funding war abroad is not antisemitic.”
Orkin’s victory came amid a strong night for democratic socialist candidates across New York City, including left-wing congressional candidates Brad Lander, Darializa Avila Chevalier and Claire Valdez, who also defeated establishment-backed opponents in their primaries.
While Orkin was not endorsed by New York City Mayor Zohran Mamdani, whose winning endorsements of Lander, Chevalier and Valdez signaled a pro-Palestinian lurch for the party in the city with the world’s largest Jewish population outside of Israel. Nonetheless, his victory elevated a self-described anti-Zionist to the ranks of New York’s elected officials at a time when debates over Israel have become increasingly prominent within Democratic politics.
While Israel-related issues were not listed on Orkin’s platform, which centered on affordability and immigration, he repeatedly expressed his support for a “free Palestine” and attacked Rajkumar’s record of support for the Jewish state during his campaign.
“In the past several years my opponent AM Rajkumar has walked in the Israel day parade but has said NOTHING against the war in Gaza, occupation of Palestine, or Islamophobic attacks faced by the people of New York,” Orkin wrote in a May post on X.
Rajkumar, who was a close political ally of former New York City Mayor Eric Adams, in her campaign platform vowed to combat antisemitism.
After establishing a Jewish Voice for Peace chapter in Tucson, Arizona, in 2014, Orkin remained involved in pro-Palestinian activism as a member of the anti-Zionist activist group.
“I’ve been involved in the Jewish Palestine Solidarity Movement for 12, 13 years,” Orkin told Democratic Left last month. “I’ve dedicated part [of my] life to making sure that Jewish people are creating religious spaces outside of Zionism, and to making more space for Palestinian organizing to have an impact.”
On the campaign trail, Orkin received a host of endorsements from prominent progressive groups and lawmakers, including Vermont independent Sen. Bernie Sanders, Democratic New York Rep. Alexandria Ocasio-Cortez, Jews for Racial and Economic Justice, JVP Action and NYC Democratic Socialists for America.
Rajkumar was endorsed by ActJew, the new nonprofit focused on combatting antisemitism, as well as the Queens Jewish Alliance and Assemblymembers Sam Berger, Kalman Yeger and Chuck Lavine.
Orkin received over $290,000 in campaign contributions for the election cycle, including over $156,000 from the office of the state comptroller, while Rajkumar received over $270,000, including $9,000 from health care executive Daniel Lowy.
“I have dedicated my life fighting for immigrants and workers, I am proud to have earned their support in this election, and I look forward to spending the rest of my life winning the beautiful and joyous lives we deserve,” Orkin said in a statement, according to QNS.
The post Jewish anti-Zionist David Orkin defeats incumbent in NY Assembly primary appeared first on The Forward.
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Half of Americans think the U.S. is ‘too supportive’ of Israel
(JTA) — A new survey found that 48% of American voters think the United States is “too supportive” of Israel, the highest since the pollster started asking the question in 2017.
The survey published Wednesday by Quinnipiac University also found that 60% of respondents reported that military intervention in Iran was “not worth it” as opposed to 34% of voters who said it was “worth it.”
The number of respondents who think the U.S. support of Israel is about right is 38%, while just 7% think the U.S. is not supportive enough of Israel, the poll found.
Broken down by party, 66% of Democrats think the U.S. is too supportive of Israel, while 9% think it is not supportive enough and 18% think U.S. support for Israel is about right.
Among Republicans, 20% think the U.S. is too supportive of Israel, 69% think American support for Israel is “about right,” and 6% think the U.S. is not supportive enough.
Among independent voters, 55% think the U.S. is too supportive of Israel, 34% think U.S. support for Israel is about right, and 7% think the U.S. is not supportive enough.
The poll data were released one day after three Democrats critical of Israel swept their House primary races in New York City, and in races around the country even some reliably pro-Israel Democratic candidates distanced themselves from the pro-Israel lobby AIPAC.
A survey last year by Gallup found dwindling support for Israel among Democrats, as well as waning support among Republicans.
Still the party divide was also in sharp evidence in the latest poll. In responses to the question about whether the Iran war was “worth it”, Democrats disfavored military action in Iran at 93% and independents at 66%, while 75% of Republicans surveyed thought it was “worth it.”
Given a list of 10 issues and asked which, if any, they considered priorities in their decision-making process in the election for the U.S. House of Representatives, 41% of voters cited the Israeli-Palestinian conflict, above AI data centers (38%) and Donald Trump (38%). The high cost of living (70%) and health care (59%) topped the list.
The Quinnipiac poll was conducted from June 18 to 22, and includes responses from 1,165 self-identified registered voters.
The margin of error is 3.4 percentage points.
Among those surveyed, 48% said they had an unfavorable view of Israeli Prime Minister Benjamin Netanyahu. Twenty percent said they had a favorable opinion, and 30% “haven’t heard enough” about him.
“Netanyahu gets poor marks from American voters as their appetite for supporting Israel wanes, with the share of voters who think the U.S. is too supportive of Israel hitting a new high,” Quinnipiac polling analyst Tim Malloy wrote in the report.
Voters were also asked about their views on the June 17 memorandum of understanding with Iran, which begins a 60-day negotiation period that does not outline an end to Iran’s nuclear program.
“After months of diplomatic fits and starts, global economic repercussions and a broad loss of life in the region, a majority of voters make their feelings clear: the Iran war was a bad idea,” Malloy wrote.
Voters who are either not confident or “not so confident” that the deal will succeed numbered 59%, and 61% think it is either likely or very likely that Iran will develop nuclear weapons.
The post Half of Americans think the U.S. is ‘too supportive’ of Israel appeared first on The Forward.
