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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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‘This is sort of their normal’: Israelis confront yet another wartime flare after Iranian fire
(JTA) — TEL AVIV — As missiles flew toward Israel on Sunday night, beleaguered Israelis once again took to Facebook from their safe rooms.
“Whoever is in charge of naming wars over here, please do not give it a fierce animal name this time,” one Israeli wrote in an English-language group. “The last military operation was called ‘Roaring Lion,’ and the Twelve Day War in June 2025, ‘Rising Lion.’”
Another replied with a suggestion: “I hope it’s something like ‘The One Day War.’”
The idea may not have been far off. U.S. President Donald Trump said early Monday that he hoped both Iran and Israel would halt their fire. By mid-morning, Iran’s military announced the strikes were on pause, saying it had sufficiently retaliated for the Israeli strikes in Beirut, a tit-for-tat exchange. By Monday evening Israel time, Netanyahu, too, said the fighting was halted, but warned that Israel would respond “with force” to any future attacks.
Despite the tenuous pause — not quite a ceasefire — Home Front Command restrictions remained in place by Monday evening, touching every layer of daily life in Israel. Schools were closed through at least Wednesday. Or Erez, head spokesperson for Clalit, Israel’s largest health care network, told JTA, “We will continue to remain operating in shelters until the Home Front Command restrictions change.”
By 10 p.m. Sunday, NICU infants and those in critical care were already being moved to bunkers beneath Beilinson hospital, home to the largest emergency room in the Middle East.
“This is the third time within a year that we have carried out such a transition,” said Dr. Erez Barenboim, director of Beilinson and Hasharon Hospitals.
Hospital staff were visibly fatigued but resilient. Soroka University Medical Center was struck by an Iranian ballistic missile during the June 2025 conflict, and as is standard during attacks, health care staff canceled non-essential visits and moved operations to shelters.
Alexi Wirpel, a student at the University of Mary Washington in Virginia, was on a Birthright trip in the Galilee when the first sirens rang out. “We could hear the dome working, so we knew we were going to be relatively okay,” she said.
It was not Wirpel’s first trip to Israel, but it was her first time hearing sirens signaling incoming missiles. Others on the Birthright trip were more anxious and had to be consoled by staff, she said.
When word came of a tenuous pause, Wirpel said, she and others didn’t believe it would last long.
“All day today we’ve all kind of been just waiting for something to go off again,” she said. “It’s become a very real reality that this is something that my family has to go through instead of just hearing about it.”
Caroline Flannery manages an after-school program at a Tel Aviv middle school and has watched the cumulative toll of two and a half years of conflict reshape an entire generation of Israeli children. Added to the time lost during the pandemic, students in those grades have missed the equivalent of a year of school.
“We have kids in fifth and sixth grade that still don’t know the alphabet,” Flannery said.
Israel’s education system has been among the hardest hit since Oct. 7. Leaked results of a government aptitude test found that only 3% of Israeli ninth graders met the national benchmark for science, and just 22% met the benchmark for English, figures that prompted opposition leaders to call for a declaration of a “national educational emergency.”
The disruption extends to staff, who are just as rattled as students when a siren sounds and a week of lesson plans is suddenly worthless.
Flannery moved to Israel in 2019 and hadn’t planned to stay, but the impact she could make on Israeli children convinced her to commit to another year, and then another, until she was running the after-school program herself.
The conclusion she has come to in the wake of Oct. 7 is that many of her students, faced with constant disruption, will never fully catch up.
“It’s not just that they miss school, so now they have to work extra hard and catch up,” she said. “Their whole routine was disrupted and they come back. They’re not ready, not used to, not prepared to sit, to come into class, to sit in their seats, to learn. Their minds aren’t there.”
With Trump pressing Israel and Iran to return to the negotiating table, Flannery discussed contingency plans already on the table — such as Zoom classes, home visits — should the war return to its March tempo.
“This,” she said, “is sort of their normal.”
The post ‘This is sort of their normal’: Israelis confront yet another wartime flare after Iranian fire appeared first on The Forward.
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Celebrated German Jewish bakery closes, saying ‘the hatred reached Berlin’ after Oct. 7
(JTA) — BERLIN — A Jewish bakery owned by Polish and Israeli immigrants in this city has shut its doors, citing a combination of economic pressure and antisemitic harassment.
Babka & Krantz opened in the Friedenau district in November 2022 and added a second location in December 2024, adjacent to the memorial at the site where the Nazis devised their “final solution” for the Jews during the Holocaust.
The second location at the House of the Wannsee Conference closed on Nov. 30, according to the bakery’s Instagram account, which directed followers to a statement from the memorial that has since been deleted from its website.
“We regret the verbal abuse and the difficult situation to which the managing directors and employees of BABKA & KRANTZ Meisterkonditorei were exposed and express our full understanding for the termination of the cooperation under these circumstances,” said the March 10 statement, which was preserved by the Internet Archive.
Now, the original location has closed, too.
Café owners and married couple Shahar Elkin and Marcin Liera-Elkin said in a statement to friends and supporters that a construction site had blocked access to the bakery for more than a year, curbing foot traffic.
But they also said they had been affected when, after Hamas’ Oct. 7, 2023, attack on Israel, “the hatred reached Berlin as well.” The bakery was “subjected to constant verbal abuse” since that time, they said in their statement, which has circulated on social media.
Elkin and Liera-Elkin declined to comment to the Jewish Telegraphic Agency, saying they were turning down all media inquiries for the time being. “We and our family need to settle down and attend to a few matters,” they said.
Some would-be customers in the neighborhood said they were already missing the Babka & Krantz on Sunday.
“I was actually going there every day recently, after I found out they were closing. I found that really unfortunate,” said Rebecca, who declined to share her last name. She said she had heard about both the economic impact of the construction and about harassment that had taken place at the store, adding, “It makes me sad that things are this way. I’m trying not to cry.”
Babka & Krantz joins a growing list of beloved eateries that have cited the aftermath of Oct. 7 in announcing their closures. Also in Berlin, the hummus bar Kanaan, which was jointly owned by an Israeli and a Palestinian, closed in March after experiencing protests. An Israeli restaurant in Portugal cited harassment when it announced its closure in January, as did an Ethiopian-Israeli eatery in New York City that recently ceased operating as a traditional restaurant. In Washington, D.C., a local chain of Israeli restaurants closed down late last year following a boycott campaign.
Elkin came to Berlin in 2012 from his home city of Haifa, Israel, and in 2019 earned a master baker’s certificate, becoming the first Jewish master baker accepted into the Berlin Bakers’ Guild. Liera-Elkin was born in Posen, Poland, and grew up in Berlin.
The couple said they were proud to be producing Jewish baked goods in a city with a resurging Jewish population.
“Our families come from cities with a vibrant Jewish life and a formative culture of debate. Today, few or no Jews live in these places anymore,” they said in their statement last week. “That’s why Berlin is such a miracle.”
Germany is home to an estimated 200,000 Jews, including many from the former Soviet Union and a large contingent of Israeli expats. The bakery catered to them, offering special menus for Jewish holidays, devising baked goods that reflect diverse Jewish traditions and even bringing in a rabbi to answer visitors’ questions.
But the bakery catered not only to Jewish customers. According to the owners, non-Jewish locals learned about Jewish culture at their tables. “Our neighbors have seen that different people can eat together at one table and speak to each other,” they wrote in their goodbye note.
The business also won professional recognition, earning a Craftsmanship Award sponsored by the Federal Ministry for Economic Affairs last year.
The couple said the good relations they had built as unofficial ambassadors of Jewish culture – introducing Berliners of all backgrounds to Jewish culinary specialties – were endangered when the construction site went up in their neighborhood, blocking the street view of their business. They lost customers and money, they said, and their anxiety was increasingly visible on their Instagram account, where they chronicled their fruitless efforts to make their story accessible again.
Speaking to the Berliner Morgenpost in November, Liera-Elkin hinted that the two-pronged pressure — economic and harassment — might force them to close. He reported that their vehicle had been vandalized and that they had “experienced numerous verbal and even physical attacks in our private life, received hate-filled letters and calls.” The couple said they had even sent their daughter to stay elsewhere for a time.
“We are just a bakery that wants to offer great products. But now we are only confronted with problems and politics that leave us in despair,“ he told the Morgenpost. “We really don‘t know if Berlin is still the right place for us.”
The post Celebrated German Jewish bakery closes, saying ‘the hatred reached Berlin’ after Oct. 7 appeared first on The Forward.
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Dave Matthews pushes back on claims his criticism of Israel is antisemitic
(JTA) — Dave Matthews, the frontman of the American rock band Dave Matthews Band, pushed back on allegations Friday that his vocal criticism of Israel in recent years had crossed into antisemitism.
Reading his remarks from a sheet of paper on stage at the Coastal Credit Union Music Park in Raleigh, North Carolina, Matthews, whose criticism of Israel has drawn backlash from some Jewish and pro-Israel voices, pushed back on accusations of antisemitism.
“It’s no secret, at least I don’t try to make it a secret, that I disagree with the policies of Israel and the United States, and their treatment of the civilian population in Gaza and the West Bank,” Matthews said. “But that should by no means be twisted into anybody thinking that I am bigoted or antisemitic in any way at all.”
Matthews continued: “On the contrary, I have a deep respect and love for all of my life that I can remember, and an admiration for the culture and history of the Jewish people.”
The frontman of the band continued to list a host of prominent Jewish figures he admired, including Albert Einstein, George Gershwin, Hannah Arendt and Anne Frank, and described being at a friend’s son’s bar mitzvah on Oct. 7, 2023, when Hamas attacked Israel.
“I hold the Jewish people in the highest regard, and it breaks my heart that my opinions born out of deep commitment to nonviolent resolution and resistance can be twisted to serve any hateful or racist or bigoted ideas,” Matthews said.
Matthews’ remarks come after years of outspoken criticism of Israel, including in 2024 when he joined a pro-Palestinian demonstration in Washington, D.C., against Israeli Prime Minister Benjamin Netanyahu’s speech to Congress.
“I’m ashamed that my tax dollars are going to the brutalizing of an entire people,” Matthews told Al Jazeera at the time. “It’s shameful. And I’m ashamed that our government is welcoming him here.”
At a New Jersey concert last year, Matthews also donned a keffiyeh, the traditional Palestinian headscarf, and held up signs reading “Stop The Genocide” and “Stop Killing Children.”
A representative for Matthews did not immediately respond to a request for clarification of what prompted his remarks Friday.
Matthews is among a growing number of prominent artists who have become outspoken critics of Israel in recent years, including Macklemore, the Irish rap group Kneecap and the British punk band Bob Vylan.
Matthews’ statement Friday was not the first time the artist has defended his rhetoric. In a December 2023 letter to his Jewish fans obtained by JNS, he also assured fans that he “strongly and unequivocally condemn the horrific events of Oct. 7.”
“I will never stop calling for an end to the violence in Gaza and the West Bank and Lebanon, and for that matter, the Congo and Sudan and Ukraine, or the violence, or the horrific violence against immigrants and their neighbors in our country,” Matthews concluded during his remarks Friday.
The post Dave Matthews pushes back on claims his criticism of Israel is antisemitic appeared first on The Forward.
