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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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Atlanta movie exec who complained of ‘nasty Jews’ is running for Congress
Ryan Millsap, a prominent film and real estate executive in Atlanta who made antisemitic and racist comments in private text messages, is now running for a congressional seat in rural Georgia.
ProPublica and the Atlanta Journal-Constitution reported two years ago that Millsap had sent the offensive texts to a girlfriend.
“Just had a meeting with one of the most nasty Jews I’ve ever encountered,” Millsap wrote in a 2019 text message viewed by the Forward. John Da Grosa Smith, Millsap’s former attorney, filed the text messages in Fulton County Superior Court in Georgia in 2024.
The news outlets also reported that Smith said in court documents that Millsap had allegedly made derogatory comments about Jews while they worked together, including referring to his Jewish colleagues as “the Jew crew” and calling one of them “a greedy Israelite.”
ProPublica and the AJC reported that during arbitration with Smith, Millsap said the comments Smith had described represented “locker room talk.”
Millsap apologized for the offensive text messages in a 2024 statement to the news outlets, saying “comments which I never intended to share publicly have come to light, and people I care about and who put their trust in me have been hurt.”
He also spoke directly at the time to the racist and antisemitic remarks.
“I want to extend my sincere apologies to my dear friends, colleagues and associates in both the black and Jewish communities for any and all pain my words have caused,” his statement continued. “My sincere hope is that the bonds and friendships that we have forged speak far louder than some flippant, careless remarks.”
Millsap is running in the Republican primary for the open seat in Georgia’s 10th Congressional District, which stretches from the far outskirts of Atlanta to the South Carolina border and includes the college town of Athens. The district is outside of the major Jewish population centers in Georgia and had fewer than 7,000 Jewish adults, according to the American Jewish Population Project.
The election is on May 19 and Millsap is running against a popular state lawmaker Houston Gaines in what is expected to be a competitive race.
Gaines called Millsap’s reported text messages “disqualifying.”
“Antisemitism has no place in this country, and as a Christian, I’ll always stand firmly against it,” Gaines said in a statement to the Forward.
Millsap did not respond to a request for comment about the text messages or whether he has conducted any outreach to the local Jewish community as part of his campaign.
In an interview last month with the Washington Reporter, Millsap said that negative interactions with local protesters had pushed him into politics. Millsap’s studio controlled land adjacent to the construction site for Cop City, a planned police training ground near Atlanta, and both sites were targeted by activists.
“They tried to ruin my reputation,” Millsap said in the interview. “Leftist journalists at ProPublica were enlisted to write hit pieces on me, call me a racist, antisemite, anything they could do to hurt my life and put me in a bad political position, because obviously DeKalb County is mostly black Democrats.”
Millsap’s Blackhall Group, whose studio produced movies including “Venom,” “Blockers,” and “Loki,” purchased the property in a county forest near the future Cop City site in 2021. Millsap said activists violently attacked construction workers on his property, burned a pickup truck and left threatening messages in 2022.
He has referred to the demonstrators as “antifa” and made his dispute with them a cornerstone of his campaign.
Antisemitism does not seem to be a major issue in the congressional race, in which Millsap and Gaines have focused on immigration and election security. The seat is considered a safe Republican district and the winner of the GOP primary is expected to win the general election.
According to the text messages filed in court and reviewed by the Forward, Millsap and his then-girlfriend, Christy Hockmeyer, complained about Jews and Black people on several occasions. “F—king Black people,” Millsap wrote in one message reported by ProPublica and AJC after Hockmeyer complained about a Black driver whose car she hit.
Hockmeyer also apologized for her role in the text message conversations with Millsap. “Those comments do not reflect who I am and I disavow racism and antisemitism as a whole,” she wrote in a statement to ProPublica and the AJC.
The ProPublica and AJC article noted that Millsap had built close ties with the Black and Jewish communities in Atlanta after relocating to the city from California and seeking to become active in its robust film industry. He had also been applauded for embracing workplace diversity.
His apology received a mixed response from those he had worked with in Atlanta.
Smith, Millsap’s former attorney, filed the text messages in a lawsuit after the two became embroiled in a heated legal dispute. An arbitrator found that Smith had violated his contract with Millsap when the two were working together and ordered him to pay $3.7 million for breach of contract and breach of fiduciary duty.
Millsap said in his 2024 apology that Smith had “violated the most basic and fundamental principle of attorney client privilege and released private text messages between myself and a former romantic partner.”
The post Atlanta movie exec who complained of ‘nasty Jews’ is running for Congress appeared first on The Forward.
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A new book explores the vibrancy of pre-war Warsaw
The Last Woman of Warsaw
Judy Batalion
Dutton, 336 pages, $30
Don’t be misled by the title of this debut novel by Judy Batalion, nor by her previous book, The Light of Days, about the role of Polish-Jewish women in the anti-Nazi resistance.
Though the specter of the Holocaust looms over The Last Woman of Warsaw, the novel is not really Holocaust fiction. It does not portray a final female survivor of that embattled city. Its subject is instead the odd-couple friendship of two young Jewish women embroiled in the artistic and political ferment of pre-World War II Warsaw.
For Batalion, recreating the atmosphere and quotidian life of this cosmopolitan city, which once elicited comparisons to Paris, was a major aim. “In our contemporary minds, historical Warsaw conjures images of gray and death,” she writes in a lengthy author’s note. But that shouldn’t negate its more vibrant past. “Long before Vegas,” Batalion writes, “Warsaw was the capital of neons, its night skyline dotted with glittering cocktail glasses and chefs carrying platters of roasts. Much of this artistic production was Jewish.”
Even this brief excerpt shows that Batalion isn’t much of a prose stylist. But awkward locutions and diction mistakes aside — including the repeated use of “cache” when she means “cachet” — Batalion generally succeeds in immersing readers in Warsaw’s lively urban bustle and heated street politics. Here, skating on the edge of catastrophe, Polish Jews of varying ideologies and backgrounds face off against antisemitic persecution and violence.
Batalion’s handling of the historical backdrop is defter than her fledgling fictional technique. The narrative of The Last Woman of Warsaw is a plodding and repetitive affair that ultimately turns on an improbable coincidence.
The plot involves the sudden disappearance of a photography professor with communist ties and the halting efforts of the novel’s two protagonists to find and free her. The pair, whose initial antagonism mellows into friendship, are Fanny Zelshinsky, an upper-middle-class Warsaw University student, and Zosia Dror, who hails from a religious shtetl family. Her adopted surname references the Labor Zionist group that now claims her loyalty. Despite their differences, the two women have in common a desire to shake off the past and forge new lives. They also share an attraction to a single man, Abram, who can’t seem to decide between them.
When the story begins, Fanny is engaged to the perfectly nice, highly suitable Simon Brodasz, whom she’s known since her teenage years. Her mother is pushing the match. But Fanny is not in love and dreads the loss of freedom marriage entails. Her true passion is photography – in particular, fashion photography, to which she brings an idiosyncratic, modernist flair.
Zosia’s passion is political activism, and she aspires to a more prominent leadership role in Dror. Like Fanny, she is at odds with her mother, who is urging her to return to the shtetl for the festivities preceding her sister’s wedding.
What brings these women together is the arrest of the famous photographer Wanda Petrovsky, to whom both are connected. Wanda is one of Fanny’s professors, and Fanny needs her help to enter a potentially career-making exhibition. Wanda also happens to be a political activist, a leader of Zosia’s Zionist group, and Zosia hopes she’ll provide her with a visa for Palestine.
As Batalion’s narrative alternates between their perspectives, the antisemitic fervor in Warsaw mounts. Polish right-wing groups have started terrorizing Jews. Police invade clubs where Jewish comedians are mocking antisemitism. At Warsaw University, where Jewish students already have been subject to admissions quotas, the humiliation of being consigned to a “Jew bench” in class comes as a humiliating shock to Fanny.
Zosia, by contrast, has seen far worse. She and her family were victims of one of the murderous pogroms that periodically roiled the Polish countryside. She has been traumatized by the burning of her home, her father’s injuries and the refusal of her neighbors to offer refuge from the catastrophe.
In late 1930s Warsaw, Polish Jews are fighting back – with protests, hunger strikes and more. But what will any of this accomplish? Will Wanda attain her freedom, with or without the help of her protegees? Will Zosia and Fanny successfully defy their families and find meaningful lives? Which woman will Abram ultimately choose? And will any of this matter as both Poland and Polish Jewry hover on the brink of destruction?
Batalion answers these questions in an epilogue describing the fate of both women and of Fanny’s photographs, which eventually take a political turn, and in her author’s note. In the note, she reveals that all four of her own grandparents “spent their young adulthoods in interwar Warsaw.” That heritage helps account for her own passion: “to memorialize Warsaw’s golden age of creativity and the Jewish art and culture that, along with six million lives, was also decimated in the Holocaust.” A worthy endeavor, however clumsily executed.
The post A new book explores the vibrancy of pre-war Warsaw appeared first on The Forward.
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Mahmoud Khalil’s anti-Zionist case to Jews shows the case for skepticism
Mahmoud Khalil wants to reassure the Jewish community. In an extensive new interview with the Forward, the pro-Palestinian protest leader recognized “a Jewish connection” to Israel, and promised that a free Palestine would include safety and security for Jewish residents.
And yet I read the interview and felt a sense of alarm.
Not because Khalil seems insincere. I believe he means much of what he says. But rather because his attempts to instill confidence fall short in ways that illuminate exactly why so many Jews remain afraid and skeptical of the anti-Zionist movement.
Serious causes for serious concerns
Khalil describes himself as a pragmatist. In his activism, however, he envisions a utopia.
He is adamant that a two-state solution preserving a Jewish majority in Israel is a nonstarter. He argues, instead, for a democratic country — or multiple countries — across Israel, the West Bank and Gaza, with equal rights for all and the right of return for Palestinian refugees.
“I know it might sound like a very ideal utopia,” he told the Forward‘s Arno Rosenfeld, “but this is what we should aspire for.”
Khalil is concerned that Jewish fear is an obstacle to Palestinian liberation, and suggests that this fear is misplaced. “People think that we want to drive all Jews to the sea,” he said. “We don’t believe that.”
But history has long shown that Jewish safety without Jewish autonomy often proves conditional. In the ideal that Khalil advances, Israel would lose the self-determination that leads so many Jews to view it as a safe haven. My late grandfather, who was deported to a Siberian gulag by the Soviets from Lithuania — where about 90% of his fellow Jews were murdered by the Nazis — put it simply: Israel was a place where he felt his fate was in his own hands.
Nor is apprehension of anti-Zionism misplaced. Report after report has cataloged persistent harassment of Jews, threats of violence against Zionists, and invocations of antisemitic tropes within anti-Zionist movements. Yes, there are moderates, many of whom are driven by a commitment to a better future for Palestinians. But there are also extremists, and scenes on campuses and city streets around the world have shown that their tactics often prevail.
Adding to Jews’ sense of alarm are decades of violence within Israel — including the Second Intifada and Hamas’ Oct. 7, 2023 attack — and globally, including recent violence against American Jewish institutions. Jews are not scared because we misunderstand the aims of the anti-Zionist movement. We are scared for good reason.
Political abstractions
A genuine effort at reassurance would engage with that truth. Instead, Khalil dances around it, suggesting that the thing we’re worried about doesn’t actually exist. He says, for example, that the pro-Palestinian campus movement did a good job of keeping antisemitism at bay. It did not.
Even when it comes to the well-established facts of Hamas’ Oct. 7 massacre, he demurs: “I wouldn’t rule out that Hamas targeted civilians,” he said, “but I wouldn’t confirm it either.”
When referencing the excesses of pro-Palestinian campus protests, Khalil retreated into vague language. “There were maybe some bad actors,” he said. His denunciations of antisemitism remained safely generic: “some anti-Zionist actions may touch on antisemitism that we absolutely oppose.”
Who, exactly, is “we” here?
Political movements are not abstractions. They consist of real people doing real things. When excesses are common enough, they become characteristic. This is something I’ve long argued about the Israeli right as well. We cannot dismiss settler violence or anti-Palestinian abuses as fringe when they keep escalating and enjoy support from those in power.
It’s easy to say you oppose antisemitism or suffering by Palestinians, or that a utopian future is possible if we all look past our fear. It’s much harder to look within your political coalition and call out the specific negative acts your allies have committed — or acknowledge their very real consequences.
Denial and Oct. 7
Circle back to Khalil’s alarming equivocation about Oct. 7.
He frames the killings as civilians being “caught up” in violence, not targeted by it. Notice the evasive grammar: Khalil says “there were crimes committed” and Hamas has “a responsibility,” rather than “Hamas committed crimes.”
Khalil does explicitly say that he thinks Hamas is “not up to the Palestinian aspiration for liberation” and that he “doesn’t believe in political Islam.” But for someone so attuned to the language of liberation and justice, he is remarkably comfortable with passive voice when it comes to Hamas carrying out horrific murders on Oct. 7.
As I’ve previously written, the evidentiary record is overwhelming. Amnesty International and Human Rights Watch, organizations critical of Israel, independently concluded that Hamas deliberately and systematically targeted civilians. In one intercepted call, a Hamas terrorist bragged to his parents, “Look how many I killed with my own hands! Your son killed Jews!”
Neutrality on established facts is no different than denialism. If you are trying to reassure Jews but can’t acknowledge that Hamas killed Jews as such, any reassurance you have to offer will ring hollow.
A practical peace
Khalil says he is opposed to any violence against civilians but cannot dictate what Palestinians who experience Israeli human rights abuses should do. He says he understands why Palestinians turn to resistance, even violence, in the face of oppression.
But if you say you understand why decades of oppression push Palestinians toward resistance, then you should also understand why decades of terrorism push Israelis toward aggressive security measures, including ones that harm Palestinian civilians. If every act is merely a justified reaction to a prior act, we will end up in a world in which it’s too easy to argue that all violence is legitimate, rather than none of it.
The deep culture of mutual suspicion that this painful history has bred may be the biggest obstacle to Khalil’s utopian vision.
I share Khalil’s aspirations for peace. But Israelis, even most liberals, leftists and the millions who have protested the right-wing government, say they won’t accept a one-state solution. One 2025 poll by The Institute for National Security Studies, an independent think tank affiliated with Tel Aviv University, found that only 4% of all Israelis, and 1% of Israeli Jews, prefer a one-state solution with equal rights. Palestinians, too, are skeptical of a single state with equal rights.
At the same time, many Israelis oppose a two-state solution. So do many Palestinians. The people who live in the region hold complicated and often contradictory ideas of the path forward, and Khalil does not necessarily speak on their behalf.
Any anti-Zionist looking to reassure Jews needs to, at minimum, acknowledge that Hamas killed civilians deliberately, because they were Jews; condemn specific instances of antisemitism rather than just the concept in the abstract; and ask why Jews are scared right now, rather than telling us we shouldn’t be.
Yet Khalil’s reticence to be honest about his own movement’s flaws is a mirror of our own. Supporters of Israel have long been reluctant to name the failures of the Israeli right and to reckon with how settlements and the occupation harm Palestinians.
Khalil recounts being born in the Palestinian refugee camp Khan Eshieh in Syria, and raised on stories of his grandparents’ expulsion from a village near Tiberias. He was shot by an Israeli soldier when he was just 16. His effort to nevertheless engage with Israeli perspectives, like by reading Ari Shavit, is admirable. Jews should similarly listen to Palestinian perspectives and sit with Palestinian stories, including Khalil’s and those of Palestinians living today in the West Bank and Gaza.
The only way for any of us to build a durable political movement is to be exactingly honest about the ways in which we have, so far, failed, and to ask others with open ears: Why are you so scared?
The post Mahmoud Khalil’s anti-Zionist case to Jews shows the case for skepticism appeared first on The Forward.