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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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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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The Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
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Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts
Mohsen Mahdawi, a 35-year-old Palestinian, has been a permanent resident of the United States for the past 14 years. And as the U.S. government presses ahead with efforts to deport him over his pro-Palestinian advocacy at Columbia University, more than 1,000 Jews have come forward to defend him by signing an open letter I authored.
Why? At a time of particularly fractious division in the Jewish community over issues related to the Israeli-Palestinian conflict, how is it possible that so many Jews have come together in support of a Palestinian activist?
One key reason is that the government is seeking to infringe upon the rights of someone who neither engaged in acts of violence nor supported them. In July, the Second Circuit Court overruled a prior district court judge’s dismissal of the deportation case against Mahdawi, giving new energy to the government’s efforts.
Mahdawi has committed no crime; the government has not even bothered to accuse him of doing so. Instead, he simply gave voice to his belief in the necessity of freedom for his people.
Jews of all ideological stripes can and should agree that it is wrong to penalize someone for the expression of their political views. They don’t need to go far back in time to recall that such tactics have often been used against Jews themselves — in the Soviet Union to suppress refuseniks who sought to manifest their identity as Jews; in the U.S. during the McCarthy era; and, most ominously, during the dark age of Nazi totalitarianism.
In drafting an open letter defending Mahdawi, focused on the attack on his political rights, I hoped that a diverse range of Jews would be willing to acknowledge that whether they agree or disagree with Mahdawi, the government’s targeting of him represents a threat to all of us.
I know Mahdawi personally. We met at a peace-building retreat in the summer of 2024. He was an enormously compelling presence who drew people together through his preternatural calmness and clarity of purpose.
Since then, I have come to see him as a unifier, not a divider. He’s an advocate of peace, not war. And he has the potential to become a leader of enormous charisma and potential.
So why has the Trump administration devoted so much attention to persecuting a Palestinian student who has repeatedly called out antisemitism, including at a Palestinian solidarity rally at Columbia?
The sad reality is that Mahdawi, like his fellow Columbia student Mahmoud Khalil, is being persecuted for the crime of being Palestinian.
The U.S. State Department came up with the logic-defying claim, in March 2025, that Mahdawi’s activities at Columbia “would have a potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.” If this administration truly wishes to advance its foreign policy interests, then it should focus on reconstructing Gaza and building a framework for peace between Israelis and Palestinians, not targeting a devoted adept of non-violence like Mahdawi.
Many who signed the letter in support of Mahdawi joined in for the simple reason that they believe it is un-American to discriminate against people on the basis of their political views. Some who added their names felt, as I did , that there was another compelling reason to sign on: that Mahdawi’s activism gives the lie to the prevalent myth that to be pro-Palestine is to be antisemitic. This proposition gets buried in the raging discourse around antisemitism and Israel today.
It is essential to recognize that support for the cause of Palestinian freedom and self-determination is not the political or moral equivalent of antisemitism. It is a precondition to a world in which Israeli Jews and Palestinians live peaceably together. And it is a cause that Jews, by virtue of their own historical experience of exile, should be eminently capable of both understanding and supporting.
Mohsen Mahdawi perfectly exemplifies the position. He is fierce in his advocacy for Palestinian rights. And he is fierce in his opposition to all forms of identity-based discrimination, including and especially, antisemitism. He deserves better from the U.S., and we Jews must vigorously oppose the profound miscarriage of justice being directed against him.
David N. Myers teaches Jewish history at UCLA.
The post Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts appeared first on The Forward.
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Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests
(JTA) — A bipartisan group of lawmakers introduced a federal legislation Thursday in the House and Senate aimed at protecting houses of worship from disruptive demonstrations, following a series of protests outside of synagogues this year.
The Right to Worship Act was introduced by Sens. Ted Cruz, a Texas Republican, and Elissa Slotkin, a Michigan Democrat, alongside Reps. Brad Knott, a North Carolina Republican, and Tom Suozzi, a New York Democrat. It would establish a 100-foot “buffer zone” around houses of worship during religious services — mirroring similar legislation recently enacted in New York.
“The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met,” Cruz said in a statement Thursday.
The legislation would also establish civil penalties for offenders and provide pathways for individuals, including state attorneys, to seek court orders and damages in federal court. While the legislation would target protesters who knowingly disrupt scheduled religious services, houses of worship would not be required to make their schedules public.
The bill’s sponsors say the measure is aimed at conduct rather than the content of protesters’ speech.
“No one should have to push through a hostile crowd or shout over a bullhorn in an attempt to pray,” said Jonathan Greenblatt, the CEO and national director of the Anti-Defamation League, which helped lawmakers draft the legislation.
It’s the latest attempt at passing federal legislation aimed at insulating houses of worship from protest, following Suozzi’s “SACRED Act” legislation, a similar bill he introduced in April but which has not progressed in the House.
Those efforts have now been joined by Slotkin, who is Jewish, and Cruz, who has often taken aim at antisemitism within the Republican coalition over the past year.
“Exercising your right to worship should not require you to exhibit particular courage as you enter your synagogue, church, mosque, temple, mandir, or gurdwara,” Suozzi said in a statement.
The New York City Council passed a local buffer zone bill in March following a series of pro-Palestinian protests outside of synagogues that hosted Israeli real estate expos. While Jewish groups and leaders heavily advocated for the measure, it also faced opposition from civil rights leaders who said it would have a chilling effect on First Amendment protections.
This article originally appeared on JTA.org.
The post Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests appeared first on The Forward.
