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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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Quietly sold by Jewish library, letter by famed 18th-century rabbi surfaces at auction, fetching $400,000
(JTA) — A decade ago, amid a financial crisis, the Jewish Theological Seminary turned to its assets, selling real estate as well as rare books from its world-renowned library. The book sales were private, and the institution has never detailed what was sold or for how much.
Now, a lost treasure from the library has once again emerged at auction: this time, a letter written and autographed by the 18th-century Jewish luminary Moshe Chaim Luzzatto, also known as the Ramchal.
When it was housed at the library, the letter belonged to a Ramchal collection numbering hundreds of pages. Removed from the collection and marketed to the auction house’s Orthodox clientele as a profound text by “a great and holy Kabbalist,” the letter sold on Sunday for nearly $400,000. The identities of the seller and buyer are not publicly known.
The price reflects the massive appeal of heritage items in a newly affluent Orthodox market, where rare texts and autograph material are increasingly treated as both status symbols and investment vehicles. It is a market the auction house, Genazym, has helped supercharge by selling not just books, but proximity to revered rabbinic figures.
Born in 1707, Luzzatto was an Italian Jewish thinker, mystic and writer whose influence far exceeded his brief life. His best-known work, “Mesillat Yesharim,” became a cornerstone of Jewish ethical literature and remains widely studied today. Though his mystical teachings stirred suspicion among some contemporaries, later generations regarded him as a major figure of Jewish thought.
In a famous 1928 essay titled “The Boy from Padua,” the Hebrew poet Hayim Nahman Bialik offered one of the most enduring modern interpretations of Luzzatto’s legacy. Bialik described Luzzatto as a forerunner of three great streams of modern Jewish history: the Lithuanian rabbinic tradition, Hasidism and the Enlightenment.
The auctioned letter, spanning two handwritten pages and addressed to his mentor, captures Luzzatto engaged in a detailed discussion of mystical concepts. He uses the space to explain his reasoning and mentions additional writings then in progress.
For scholars like David Sclar, the quiet removal of Luzzatto’s writings from the JTS library and their transfer to private hands suggests a cultural decline.
“It’s a scandal within the world of scholarship and American Jewish institutions,” Sclar, a librarian at a Modern Orthodox high school in New Jersey, said in an interview. Sclar wrote his dissertation on Luzzatto using primary sources such as the auctioned letter.
He is also a former employee of the special collections division at JTS who left the institution years before the crisis that precipitated the sell-off. He sees the outcome of the auction as evidence of not only wrongdoing but incompetence.
“This is one of the items that they sold through the back door, which means they sold it for probably virtually nothing,” Sclar said. “And the tragedy in all of this, besides JTS sort of destroying cultural heritage, is that it’s also stupid, because if they had decided that they were desperate for money then just do an auction. Don’t do it through the back door.”
The librarian at JTS, David Kraemer, declined a request for an interview, directing questions to the institution’s spokesperson, who offered a brief emailed statement.
“Decisions were made at the time with careful consideration of what was in the best interest of the institution,” the spokesperson wrote.
In 2021, amid earlier revelations of the library’s sell-off, Kraemer told the Jewish Telegraphic Agency that he had been ordered to sell items of his choosing to raise a specified amount of money, which he did not disclose.
In their defense of the sales, Kraemer and other JTS officials said at the time that the deaccessioned materials had been digitized and were deemed to have limited research value, allowing scholars to access their contents even after the originals left the collection. Seminary leaders described the decisions as financially prudent and of minimal impact on the library’s core mission.
Critics, however, argue that digitization does not replace the scholarly and cultural value of original manuscripts.
The post Quietly sold by Jewish library, letter by famed 18th-century rabbi surfaces at auction, fetching $400,000 appeared first on The Forward.
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International social workers group rejects measure to expel Israeli union amid pressure from Jewish groups
(JTA) — An international federation of social workers has voted not to expel the Israeli Union of Social Workers following weeks of debate and opposition from Jewish groups over their potential ban.
“After careful deliberation, IFSW members voted against this motion,” the National Association of Social Workers, the U.S. affiliate of the International Federation of Social Workers, said in a statement.
The vote to suspend or expel the Israeli union on Wednesday would have required 75% of the union’s 67 voting member nations to vote for the measures.
The vote stemmed from a complaint issued by the Irish, Spanish and Greek affiliates of the federation, who accused the Israeli union of failing to seek an exemption from mandatory military service for its members.
Wednesday’s decision marked the end of weeks of internal debate within the federation, during which the proposed expulsion drew mounting scrutiny from the Israeli union and Jewish groups who warned that the measure would single out Israeli, and Jewish, professionals for discriminatory treatment.
On Tuesday, 12 prominent Jewish organizations, including Hadassah, the American Jewish Committee, the Anti-Defamation League and the Jewish Federations of North America, sent a letter to the American and Canadian members of the international federation calling on them to voice their opposition to the vote.
“Hadassah is alarmed by this blatantly antisemitic maneuver to isolate and exclude Jewish and Israeli professionals solely based on their ethnic and religious identity,” said Carol Ann Schwartz, the national president of Hadassah, in a statement. “We call on the National Association of Social Workers and the Canadian Association of Social Workers to reject this outrageous and grossly discriminatory proposal.”
The same day, the U.S.-based National Association of Social Workers voiced their opposition to the vote for the first time, calling on the other voting members to “uphold the profession’s core values of unity, dialogue, and compassion.”
The motion to expel the Israeli union “directly contradicts IFSW’s mission of promoting international cooperation, unity, and constructive engagement,” wrote the American union in a statement. “Rather than fostering hope and harmony, expulsion would sow division and disharmony, eroding the trust and solidarity that are essential to our global community.”
The Jewish Community Relations Council of Greater Washington, which also signed onto Tuesday’s letter, hailed the vote Wednesday as a “victory for inclusion over discrimination.”
“While it is disappointing that the IFSW even considered such exclusionary motions, we are hopeful that this closes the door on any effort to isolate Israeli social workers initiated by international bodies that should be supporting and lifting them up,” said Guila Franklin Siegel, the chief operating officer of the Jewish Community Relations Council of Greater Washington, in a statement.
The post International social workers group rejects measure to expel Israeli union amid pressure from Jewish groups appeared first on The Forward.
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Israeli police detain Women of the Wall leaders a day after high-stakes court hearing
(JTA) — JERUSALEM — Israeli police detained two Women of the Wall activists on Wednesday morning after their monthly Rosh Chodesh prayer service at the Western Wall was disrupted by demonstrators, escalating tensions at the Jerusalem holy site a day after the High Court of Justice heard petitions accusing the government of stalling upgrades to its egalitarian prayer section.
Police said the women — Yochi Rappaport, Women of the Wall’s chief executive, and Tammy Gottlieb, vice chair of its board — were detained on suspicion of obstructing access at a security checkpoint, an allegation Women of the Wall denied.
The detentions came a day after a rare, seven-justice hearing at Israel’s High Court of Justice in response to petitions by the Masorti Movement, the Reform Movement and Women of the Wall that have been pending for years. The groups are challenging the government’s delay of promised infrastructure work to the egalitarian prayer section known as Ezrat Yisrael.
The case has become a proxy battle over who controls prayer at Judaism’s holiest site, whose main plaza is essentially run under strict Orthodox supervision, and whether Israel will deliver on the decade-old compromise meant to accommodate non-Orthodox worship.
Judge Dafna Barak Erez questioned why, if tensions persist at the main northern plaza, authorities have not ensured that the egalitarian section is properly developed. Lawyers for the state and the Jerusalem Municipality blamed each other for years of delays of the promised compromise. Government representatives argued that certain planning and construction steps fall under municipal authority, while city officials pointed to the state’s role in advancing and funding the project.
The petitioners alleged discrimination at the site, saying that dozens of Torah scrolls are made available for use in the men’s section while none are accessible to women. The Western Wall Heritage Foundation, which oversees the plaza under Orthodox guidelines, bars visitors from bringing private scrolls into the compound. Women of the Wall’s monthly services have long drawn confrontations, both from protesters and from Western Wall Heritage Foundation staff, including efforts to intercept Torah scrolls the group brings in, sometimes carried discreetly in bags.
Yizhar Hess, vice chairman of the World Zionist Organization and a senior representative of the Masorti movement, accused the state and the municipality of “mudslinging” at the hearing.
“They are playing a game. Each one is taking this hot potato and pushing to the other. They could have solved it in one telephone call between the prime minister and the mayor,” he said.
Hess said the delays were not bureaucratic but political, arguing that the government has avoided implementing the compromise to preserve a fragile coalitionand avoid confrontation withharedi Orthodox parties that oppose formal recognition of non-Orthodox prayer at the site.
“It never happened because of a reason,” he said. “They prefer the extremists of the government.”
Hess said the Reform and Conservative movements had made a “huge concession” in accepting the 2016 arrangement that left the main Western Wall plaza under Orthodox control, in return for a formalized egalitarian section, but that the state has reneged on its commitments.
The impasse is widening Israel’s rift with Jewish communities abroad, he said. “Instead of celebrating the fact that so many millions outside of Israel, millions that are associated with the two liberal movements, are yearning to celebrate Jerusalem, the government of Israel is doing whatever it can to create damage and not to solve something that so easily could be solved.”
The justices did not issue an immediate ruling at the conclusion of the hearing but are expected to do so within the next few days.
The post Israeli police detain Women of the Wall leaders a day after high-stakes court hearing appeared first on The Forward.