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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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J Street goes on the offensive against AIPAC-backed candidates
(JTA) — J Street, the liberal Jewish Middle East advocacy group, announced that it will spend $3 million to defeat a handful of Republican candidates backed by AIPAC, joining the plethora of progressive groups targeting the American Israel Public Affairs Committee this election year.
Such an attack campaign is an unusual initiative for J Street, which typically endorses candidates but does not target opponents on the basis of an AIPAC endorsement. Until now, according to J Street President Jeremy Ben-Ami, the likelier scenario for his organization was finding its endorsed candidates on the defensive against AIPAC’s spending.
“It’s a new era for us,” Ben-Ami said in an interview. In 2022, J Street targeted an AIPAC backed candidate — but only after AIPAC barraged the J Street endorsed candidate with negative spending.
In a statement, J Street said that this will be the group’s largest super PAC investment in its history, referring to political action committees that can raise unlimited funds but are forbidden from coordinating with campaigns.
The $3 million will be spent on ads targeting Republican Rep. Mike Collins, who is running for U.S. Senate in Georgia against Democratic Sen. Jon Ossoff, who is Jewish, and a handful of incumbents: Ohio Rep. Max Miller, who is running for reelection amid allegations of domestic abuse, which he denies; Wisconsin Rep. Derrick Van Orden; Pennsylvania Rep. Ryan Mackenzie; and Iowa Rep. Mariannette Miller-Meeks.
Ben-Ami said J Street targeted those particular candidates in part because they each face competitive races as the Democrats look to take control of the House and Senate and they have ideological distance from J Street. Many of them were also connected to the movement to deny and overturn the 2020 election results, Ben-Ami said.
J Street’s campaign comes as AIPAC’s brand has become increasingly toxic among voters, and as a growing number of Democratic politicians cross its red line of supporting conditions on U.S. military aid to Israel. J Street’s position, meanwhile, has recently drifted toward supporting a phasing-out of military aid to Israel in 2028.
AIPAC blasted the campaign in a post on X. “Is this from J Street or Justice Democrats?” AIPAC wrote, referring to the progressive organization that has increasingly aligned with pro-Palestinian advocacy.
“A dark money super PAC spending millions to defeat pro-Israel candidates and lie about AIPAC,” the group wrote. “Not a word about helping elect pro-Israel candidates further exposes the difference between J Street and actual pro-Israel organizations.”
AIPAC has been a heavy spender since it launched its super PAC, United Democracy Project, ahead of the 2022 midterms, and is the top outside spender in this election cycle, according to Open Secrets. A number of anti-AIPAC, pro-Palestinian groups have emerged over the past year to counter the pro-Israel lobbying group’s spending.
Unlike those groups, J Street and AIPAC have some overlap in which candidates they back: Both groups endorsed moderate, pro-Israel Democrats such as Reps. Hakeem Jeffries and Dan Goldman. J Street’s super PAC has also previously targeted individual candidates for their AIPAC endorsement, such as Rep. Haley Stevens in 2022, citing AIPAC’s donations from right-wing megadonors.
An AIPAC spokesperson wrote that it is “disappointing, but not surprising, that J Street continues to amplify lies about our community.”
“AIPAC members are focused on helping elect Democrats and Republicans who will strengthen the U.S.-Israel partnership, while J Street is focused on turning support for the Jewish state into a partisan political football,” said AIPAC’s spokesperson.
Ben-Ami said this year’s campaign is not about “the relationship between us and AIPAC,” but is rather about emboldening candidates who may otherwise worry that they will be up against AIPAC’s war chest.
“We are very conscious that there are many candidates who are afraid of what AIPAC might be able to do politically, and therefore adopt positions and say things about policy because they are afraid, and their fear and intimidation is holding them back,” Ben-Ami said.
Now, he said, J Street is putting “the shoe on the other foot.”
“If you are going to oppose American democracy and provide carte blanche to this Israeli government, then you need to be afraid,” he said.
This article originally appeared on JTA.org.
The post J Street goes on the offensive against AIPAC-backed candidates appeared first on The Forward.
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Germany’s far-right AfD, riding state win, targets more gains in elections from east to west
(JTA) — Germany’s far-right, riding high after winning an eastern state, seeks to capitalize on its momentum in a series of upcoming elections — starting with municipal voting this weekend, followed by two closely watched state contests.
The first test for the Alternative for Germany (AfD) party comes Sunday in municipal elections in the western state of Lower Saxony. A week later, the AfD has its sights on state elections in the capital, Berlin, and the Baltic coast state of Mecklenburg-Western Pomerania.
The AfD beat out other parties in Saxony-Anhalt on Sept. 6 with 43.8% of the vote and 39 of 83 state parliament seats, falling just short of a majority and marking Germany’s greatest far-right victory in a state election since World War II.
“From previous elections, we know that the AfD is currently able to mobilize almost totally its own constituency and potential voters, while its democratic competitors have much more problems,” said Gideon Botsch, the head of the Emil Julius Gumbel Research Unit on Antisemitism and Right-Wing Extremism at Potsdam University.
While polls do not predict the next state election results will match the historic win in Saxony-Anhalt, the AfD currently leads other parties in Mecklenburg-Western Pomerania with about 35% of the vote. And in Berlin, long a stronghold of Germany’s political left, the AfD is jockeying with the center-right Christian Democratic Union (CDU) and the left-wing Linke for first place, with all three polling around 20%.
The AfD, a nationalist, anti-immigrant party whose leaders have proposed rejecting Germany’s “guilt complex” over the Holocaust, has regularly topped nationwide opinion polls for the past year. In surveys asking Germans which party they would choose if federal elections were held “this Sunday,” the AfD often receives the highest results, Botsch told the Jewish Telegraphic Agency.
The AfD has built a dedicated and growing base, said Botsch. Its popularity signals frustration with the mainstream parties in power, particularly the CDU, Chancellor Friedrich Merz’s party, amid a sluggish economy. The AfD is especially popular in eastern Germany, where voters are poorer and hit hard by high energy prices exacerbated by the wars in Iran and Ukraine.
The AfD is likely to perform more weakly in the west, where Lower Saxony will hold a municipal election on Sunday. The party has stronger influence in the east, and Germany’s municipal elections tend to hinge more on well-known figures from established parties, said Roger Stöcker, a political scientist at Otto von Guericke University in Magdeburg. Still, even if the AfD doesn’t transform governments, Stöcker said that making inroads to further entrench itself in Lower Saxony would be “a strategically significant success.”
“It’s conceivable that the AfD wins a town hall or a county administration here and there or strengthens its presence in local councils, expanding its local base,” said Stöcker.
The three upcoming elections are being closely watched for signs of the AfD’s wider-scale momentum, said Daniel Schuster, who heads the Simon Wiesenthal Center’s European office.
“Taken together, these elections can help show whether Saxony-Anhalt was an exceptionally strong eastern result or part of a broader national expansion of the AfD’s electoral base,” said Schuster.
Remko Leemhuis, the director of the American Jewish Committee Berlin Lawrence and Lee Ramer Institute for German-Jewish Relations, added that residents will feel the effects of the AfD’s success even if it falls short of its victory in Saxony-Anhalt. A “very strong AfD result,” short of managing to enter government coalitions, would still “raise serious concerns” for Jewish residents about the party’s influence, said Leemhuis.
Residents in Saxony-Anhalt are waiting to see the ramifications of the AfD’s election victory. Without an outright majority, the party needs partners to join a coalition. Its nationalist agenda in the region includes teaching children less about Hitler, banning Pride flags in public buildings and requiring artists and cultural organizations to sign a declaration that they will not “disparage Germany and its culture” if they seek state funding.
State governments also control domestic policing and parts of the judiciary. The AfD could use its power in these areas to “put pressure on minorities it dislikes,” including immigrants, Muslims and Jews who are identified with Holocaust remembrance, said Stöcker. At the same time, the AfD could direct policing and intelligence away from right-wing extremism in Saxony-Anhalt, which recorded the second-highest number of right-wing extremist crimes per capita of Germany’s 16 states last year, Leemhuis said.
The AfD’s victory in Saxony-Anhalt marked a “watershed moment” in German politics, according to Roland Abold, the managing director of Infratest Dimap, a German election research institute. Abold said that the result heaped pressure on Merz and the federal government, as “calls for a change in political direction and a reassessment of cooperation with the AfD are likely to intensify.”
The CDU for now is standing behind Merz, the most unpopular chancellor in modern German history after 16 months in power. But if the CDU faces further heavy defeats in the upcoming elections, questions about Merz as the party’s leader could escalate, said Stöcker.
The AfD already has its eyes on his job. Alice Weidel, the national AfD’s co-chair, announced on Monday that she wants the party to win “at least 40% of the vote” in Germany’s next federal election in 2029.
Ulrich Siegmund, the AfD candidate in Saxony-Anhalt who hopes to become the state premier, said in the same press conference that his goal was “very clear.”
“As perhaps the next Minister-President of Saxony-Anhalt, I need a Federal Chancellor Alice Weidel here in Berlin, so that we can write here history side by side,” said Siegmund.
This article originally appeared on JTA.org.
The post Germany’s far-right AfD, riding state win, targets more gains in elections from east to west appeared first on The Forward.
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I was born after 9/11. I still carry the memories of that day.
Earlier this week, I was talking with my mother over the phone about her experience on 9/11. She walked me through the familiar parts — how she was in our Upper West Side apartment when she learned about the attacks from a relative, how she went to the garage to get the car so they could drive to a friend’s house upstate once she realized the attacks were acts of terror. There were still hijacked planes in the air, and she worried New York City might be targeted again. Then, she said, “This part is going to make me cry.”
I hadn’t remembered what came next, but suddenly it came back to me. “Oh no, me too,” I said.
While she waited for my father to come back uptown from his office in the Financial District, she stopped inside a fire station across from the garage. Inside was a lone firefighter, who’d stayed behind to man the station while the rest of his company was inside the towers. He was watching the news on television, and my mom stood next to him, watching too, when the towers fell.
“We just lost so many men,” he said.
I wasn’t there when it happened; I wasn’t even alive. But I’d heard this story before, I’d walked dozens of times past that same fire station, which now has a plaque commemorating the seven firefighters who died on 9/11. Hearing the story again on the phone, I found myself walking down the streets of Washington D.C., bawling.
I’m 23, born a year-and-a-half after 9/11. Most Americans my age learned about the attacks in school, as history. I’m part of the 16% who learned through family or friends.
The discovery happened by accident, when I was in kindergarten. My mom and I were in a children’s store on the Upper West Side, when we started flipping through a picture book about the history of New York City. Most of the book was unremarkable, but the end was unexpected: a scene of the smoldering twin towers.
I forget what exactly happened next, but here’s what I do remember: My mom was upset that the shop hadn’t provided a warning about the book’s end, and I was confused about why she was upset. I was five, too young to understand the image and never one to let a question go unanswered; I must have pestered her until she offered up an explanation.
She hadn’t been prepared to tell me about terrorism. She’d been evading the topic for some time, telling half-truths to avoid it. When I’d ask her why we had to take our shoes off in line at the airport, she’d just say it was to make sure no one had anything dangerous, leaving out the part about how a man had tried to get on a flight with bombs hidden in his shoes.
“9/11 is a huge thing for a parent to have to tell a kid about,” my mom told me this week. “You were a happy kid, and I didn’t want you to get scared or traumatized.”
The events, and impacts, of that day slowly unfolded for me as the years passed. I learned that my father had watched from Battery Park as the South Tower fell; he ran westward as plumes of smoke billowed toward him. I learned that my parents had friends who’d died in the towers, one of whom was the father of a boy I grew up with. I remember going to the 9/11 Memorial and Museum when it opened in 2014, feeling sick as I watched footage of people jumping out of the towers.
The New York Times recently interviewed dozens of Gen Z Americans about 9/11. I was struck by how disconnected many felt from the event. “It’s hard to feel sad about something that you don’t remember,” said Annika Heegaard, a 25-year-old now living in New York.
But for me, 9/11 doesn’t feel quite so far away. By now I’ve lived through other mass casualty events, like the Parkland shooting and the Oct. 7 Hamas attacks. But 9/11 is the only tragedy that my family members had such a direct connection to. “It was devastating,” my mom said.
I think the reason I can remember the exact moment I found out about 9/11 is because it changed my view of the world. I remember being almost unable to comprehend that anyone would do what the hijackers did. I wasn’t, as my mom feared, traumatized by learning about the attacks; I didn’t fear for my safety each day. But the knowledge was in some ways a loss of innocence — a discovery that people could do awful things and that the world wasn’t as safe a place as I had assumed.
The post I was born after 9/11. I still carry the memories of that day. appeared first on The Forward.
