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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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Rep. Dan Goldman urges ‘no’ vote on proposed Brooklyn Israel boycott, warning of antisemitism
Rep. Dan Goldman of New York and his primary challenger Brad Lander are wading into the contentious debate over a proposed boycott of Israeli products at a Brooklyn cooperative grocery store ahead of an expected vote next week.
In a statement shared exclusively with the Forward on Wednesday, Goldman urged members of the popular Park Slope Food Coop in Brooklyn to attend a May 26 vote and cast ballots against the boycott resolution — and condemned the measure as antisemitic.
“Everyone is free to criticize the Israeli government — which I do not hesitate to do — but joining a movement that was founded on the principle of the elimination of Israel will have no impact on the Israeli government or the Israeli economy,” Goldman said in his statement. “Instead, it only succeeds at shifting the responsibility for the Israeli government’s actions to American Jews — which is quintessential antisemitism.”
Goldman said that he is aligning himself with Rabbi Rachel Timoner of Congregation Beth Elohim, a progressive leader, as the debate has spilled into local politics and Jewish communal life in the progressive neighborhood.
The resolution says the boycott would persist “Until Israel complies with international law, including by ceasing unlawful discriminatory practices, in its treatment of Palestinians.”
Timoner addressed the proposal in her weekly Shabbat sermon earlier this month.
“Many simply want to see the Palestinian people be free and safe and equal, and I do too, but this is not the way,” Timoner said. “This way is wrong.
Calling it a “proxy war” to what has been dividing Americans in recent years over the Israeli-Palestinian conflict, one “that is laced with antisemitism, Timoner said that many members of her congregation — she and herself — would be forced to resign from their co-op membership if the resolution passes.
The rabbi’s sermon reflected the careful line she has tried to walk since the Oct. 7, 2023 Hamas attack and the war in Gaza — openly criticizing Israeli government policies while rejecting the singling out of Israel. In March 2024, Timoner attended for the first time what was then a weekly protest to call for a bilateral ceasefire and hostage deal, one that Lander attended regularly. In her remarks she said that she had held back until then from calling for a ceasefire in Gaza “because it was being used by people who celebrated Oct. 7, people who do not hold Hamas responsible, and people who want to eliminate the state of Israel — and I did not want to be associated with that.”
Timoner is a co-founder and board member of the New York Jewish Agenda, a progressive advocacy group formed in 2020 to be a voice for liberal Jews in New York. Lander is a member of NYJA’s leaders network. A Goldman campaign official noted that the congressman and Timoner have met several times privately to discuss issues affecting the district and that Goldman has attended services at Beth Elohim in the past.
Goldman, the two-term incumbent, challenged his Democratic primary rival to publicly oppose the measure as well, “to stand with our neighbors, and make it clear that this dangerous bigotry has no place in our city.”
Lander, a close ally of New York City Mayor Zohran Mamdani, told the Forward he isn’t a member of the Coop but would vote against the resolution if he were, pointing to Timoner’s sermon. “Principled people can disagree here,” Lander said in a statement that did not take a position on the resolution. “Boycotts, divestments, and sanctions are legitimate tools of advocacy campaigns. Unlike my opponent, I don’t believe all opposition to Israel is antisemitic.”
A long-running boycott fight
The proposal to boycott Israeli products has riven the Brooklyn institution’s roughly 16,000 members. It was introduced in 2024 by a local advocacy group called Park Slope Food Coop Members for Palestine. The resolution would require the Coop to boycott Israeli-made products “until Israel complies with international law in its treatment of Palestinians.”
Coop4Unity, opposing the resolution, is urging shoppers to “bring back cooperation” and “stop polarization.”
The measure is largely symbolic, given that the Coop only carries a handful of items imported from Israel, like EcoLove shampoo and conditioner. At least one, Al Arz tahini, is made by an Israeli Arab in Nazareth. The coop first considered a boycott resolution in 2012.
The debate has grown increasingly heated in recent months, erupting most recently publicly during a general meeting when a member made said “Jewish supremacism is a problem in this country,” a remark that many attendees and Jewish organizations condemned.
The comment — which received applause at the meeting — came during a second resolution that would lower the voting threshold for boycott measures from 75% to 51%.
Goldman strongly condemned the remarks in his statement on Wednesday. “That is not a critique of Israeli policy or advocacy for Palestinian rights,” he said. “It is an old and ugly antisemitic conspiracy theory that fueled the Nazis and then was used by David Duke and the Ku Klux Klan.”
A heated primary over support for Israel
The boycott fight is the latest issue in an already heated primary challenge to Goldman being largely battled over Israel and antisemitism.
Last month, Lander, who has described himself as a liberal Zionist, joined some progressive House members in calling for an end to U.S. aid to Israel. Lander — who described Israel’s actions in Gaza as “genocide” — said he would apply that as well to Israel’s defensive Iron Dome system, high-tech missile interception that protects lives, property and infrastructure against assaults from Iran and allied groups, including Hamas and Hezbollah. Lander said that Israel has the ability to purchase its defense with its own funds.
The 10th Congressional District, which includes Borough Park and Park Slope in Brooklyn as well as parts of lower Manhattan, voted heavily for Mamdani, an outspoken critic of Israel. Mamdani is backing Lander in the primary.
Goldman, an heir to the Levi Strauss fortune and former Trump impeachment prosecutor who was elected in 2022, is aligned with the mainstream positions of national Democrats on Israel: supportive of Israel’s security while finding a pathway for a two-state solution, sharply critical of Prime Minister Benjamin Netanyahu’s right-wing government, and opposed to settlement expansion and settler violence.
Recent polling has shown Goldman trailing Lander in the June 23 primary.
Goldman framed the Coop dispute as about something larger than electoral politics. “It’s time we unite together on this issue,” he said, “and fight for the safe, loving, inclusive community we all deserve.”
Additional reporting by Mira Fox.
The post Rep. Dan Goldman urges ‘no’ vote on proposed Brooklyn Israel boycott, warning of antisemitism appeared first on The Forward.
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Itamar Ben-Gvir draws criticism from Netanyahu for video taunting detained flotilla activists
(JTA) — Prime Minister Benjamin Netanyahu has joined a chorus of Israelis and Jews denouncing his national security minister, Itamar Ben-Gvir, for posting a video that showed Ben-Gvir taunting detained activists from a Gaza-bound aid flotilla that had been intercepted by the Israeli navy.
“Welcome to Israel, we are the masters,” Ben-Gvir said in the video as he waved a large Israeli flag above the detained activists, who could be seen blindfolded and kneeling on the ground with their hands behind their backs.
Roughly 430 activists that took part in the Global Sumud Flotilla, which set sail from Turkey last Thursday, were brought to the city of Ashdod aboard Israeli naval ships on Wednesday, marking the latest in a long-running series of confrontations between Israel and activists seeking to break its naval blockade of Gaza.
In a second video posted on social media, Ben-Gvir said that the activists “came here all full of pride like big heroes. Look at them now,” appealing to Netanyahu to grant him permission to imprison them.
ככה אנחנו מקבלים את תומכי הטרור
Welcome to Israel 🇮🇱 pic.twitter.com/7Hf8cAg7fC
— איתמר בן גביר (@itamarbengvir) May 20, 2026
Netanyahu said in a statement that he had instructed authorities to deport the activists “as soon as possible.” But he also offered a public rebuke of Ben-Gvir.
“Israel has every right to prevent provocative flotillas of Hamas terrorist supporters from entering our territorial waters and reaching Gaza,” Netanyahu said. “However, the way that Minister Ben Gvir dealt with the flotilla activists is not in line with Israel’s values and norms.”
The foreign ministers of several countries, including Canada, Spain, France, the Netherlands and Italy, also condemned the videos and summoned their Israeli diplomats to answer for the display.
But some of the sharpest criticism came from within Israel, where Ben-Gvir plays a crucial role in maintaining the governing coalition while also engaging in antics that threaten to flare tensions and undercut the country’s claims that it behaves in accordance with international law.
Ben-Gvir is “not the face of Israel,” tweeted Foreign Minister Gideon Saar in English.
“You knowingly caused harm to our State in this disgraceful display — and not for the first time,” Saar wrote. “You have undone tremendous, professional, and successful efforts made by so many people — from IDF soldiers to Foreign Ministry staff and many others.”
Ben-Gvir’s videos come as his antics and rhetoric have drawn new scrutiny in recent days. Last week, he departed from longstanding norms and waved an Israeli flag on the Temple Mount, a Muslim holy site, in a show of Jewish supremacy. His oversight of Israeli prisons, where he has said he wants to see prisoners given only the minimum of food and comfort as required by law, also drew attention because of a New York Times column alleging sexual abuse of Palestinian prisoners.
Progressive groups heavily criticized Ben-Gvir’s video, saying that it was inappropriate for him to be part of the Israeli government.
“The disgusting images of Israel’s National Security Minister abusing detainees from the Gaza flotilla are not just bad optics,” tweeted Mickey Gitzin, the acting CEO of the New Israel Fund. “A government that gives a Kahanist this kind of power has already abandoned any notion of decency. These grotesque images are the real face of current Israeli policy.”
Ben-Gvir’s videos showing the treatment of participants in the latest flotilla offered a contrast to other recent interceptions in which Israel has released footage appearing to show activists being treated without force. When past arrestees from flotillas have alleged abusive treatment, Israel has denied it.
The organizers of the Global Sumud Flotilla said all of its boats had been intercepted by Israel by Tuesday evening, accusing Israel of employing “illegal, high-seas aggression.” The Israeli Foreign Ministry said no live munition was used during the operation, which it said was necessary because it will “not permit any breach of the lawful naval blockade on Gaza.”
Among the activists aboard the more than 50 boats in the flotilla was the sister of Irish President Catherine Connolly. On Tuesday, Connolly, who was elected in October and has a record of anti-Israel rhetoric, called the detention of Irish activists aboard the flotilla “unacceptable.”
The post Itamar Ben-Gvir draws criticism from Netanyahu for video taunting detained flotilla activists appeared first on The Forward.
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What Tuesday’s primaries tell us about Democrats, Republicans and the Israel issue
(JTA) — Reading the polls and listening to conservative podcasts, you would understandably think that Republicans are souring on Israel and poised to start voting like Democrats on the issue. At least a little. But the congressional primary results Tuesday in Philadelphia and northern Kentucky tell a more nuanced story (at least for now).
Chris Rabb’s win in the Democratic primary for a congressional seat representing sections of Philadelphia reinforced the view that staunch anti-Israelism is arguably the most potent force in Democratic politics today. The Pennsylvania state representative executed the progressive playbook perfected by New York City Mayor Zohran Mamdani, showing how tough talk on Israel and AIPAC can galvanize the party’s left-wing base.
In Mamdani’s case, however, he was running against several candidates with strong pro-Israel records and deep pro-Israel support – for a position that has long served as a key public cheerleader for Israel in the United States. Rabb, on the other hand, proved that the strategy can be the winning ticket in a race ostensibly having nothing to do with Israel or AIPAC.
Unlike the New York mayor’s race, Tuesday’s primary in Philadelphia consisted of candidates with similar views on affordability issues, while Rabb’s opponents weren’t exactly waiving the pro-Israel flag or raking in major pro-Israel dollars. But, to borrow from 1964 GOP presidential candidate Barry Goldwater, for an increasing swath of Democratic voters (and D.C. lawmakers), when it comes to standing up for the Palestinians and rejecting U.S. support for Israel, extremism is no vice and moderation is no virtue.
On the Republican side, U.S. Rep. Thomas Massie’s flameout in the GOP race for Kentucky’s 4th District suggests that while there may be a gathering storm of discontent over Israel, the main force that matters when it comes to the ballot box remains Donald J. Trump.
Massie tried his best to make his race a referendum on Israel and the influence of pro-Israel money, rather than Trump’s decision to go all in for challenger Ed Gallrein. It didn’t work.
“I’m walking to an airplane to rejoin the most expensive congressional race in U.S. history. It’s turned into a referendum on whether Israel gets to buy seats in Congress,” Massie said a few days before an election that saw record spending by groups both supportive and critical of the Jewish state. After Massie’s defeat, he quipped: “I would have come out sooner but I had to call my opponent to concede and it took a while to find Ed Gallrein in Tel Aviv.”
Despite such rhetoric, the biggest reason Massie will be leaving Congress in January is that Trump wanted him gone – in part over his criticism of the Iran war, but more generally over a range of issues that the Kentucky lawmaker has broken with Trump on. A string of other Republican primary results suggest that the first rule of GOP politics is: If Trump wants you out, you’re cooked – even without a dollar of pro-Israel money going to your opponent.
In his concession speech, Massie lamented that most GOP voters seem to want somebody who will “go along to get along.” But, he added, one group – young voters – stayed with him.
Unfortunately for Massie, the GOP for the time being belongs to Trump and his loyal followers, not the growing number of young conservatives who want an end to U.S. support for Israel. On the bright side for Massie and his fans, they already hold the power in at least one key area. As one popular pro-Trump conservative social media poster put it: “Don’t think of it as losing a Congressman. Think of it as gaining a podcaster.”
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
The post What Tuesday’s primaries tell us about Democrats, Republicans and the Israel issue appeared first on The Forward.