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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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The Jewish friendship that let David Hockney experience ‘dangerous perfection’
Think of the British painter David Hockney, who died Thursday at 88, and you think of color. 1967’s “A Bigger Splash,” almost certainly his most famous work, is a study in blue so profound that it’s nearly synesthetic: The pool is such a saturated cool that you can feel the water lap your feet, and the sky so rich with California sunlight that your shoulders burn. When Hockney turned more toward landscapes in later years, trees came in every color of the rainbow — here a pink trunk, there a purple — and roads were streaked salmon and teal.
Which makes it stranger that one of the works of his that I find most evocative has no color at all. It’s a 1975 pen and ink drawing of the American Jewish artist R.B. Kitaj, one of Hockney’s dearest friends, sitting on a bench outside an art school in Vienna.
Kitaj, head propped in his hand, looks out toward the left side of the page. His face is the lone area of detail in a scene thrown together with brisk, expressive lines. There is a sense of place around him, but that place is in the act of disappearing. As the scene spreads to the right and lower edges of the page — the areas that would fall outside Kitaj’s line of sight — it ceases to exist. Kitaj’s bench is slatted, rounded and real, but the bench abutting it is depicted in a few brief strokes. The buildings and street are sketched with light attention within what seems to be Kitaj’s periphery line, and are nonexistent beyond it.
The picture is a study of a man in deep focus. Hockney draws Kitaj’s head — and by inference, everything within it — as real and lifelike. But beyond the scope of Kitaj’s vision — the material the world presents him, possibly to be made into art — Hockney shows his surroundings as being valuable only as perspective lines, helping to situate the subject in space.
To be caught thinking is a vulnerable experience. To have someone restore your sense of your own physical self is a shock. By sketching Kitaj in his moment of remove, Hockney gave a renowned and somewhat glamorous friendship a sense of life. And he gave a sense of life, too, to the thing that made his own art so attractive: the impression of a rare and gorgeous intensity of vision, one that could draw a viewer’s attention so completely that it seemed what was on the canvas was the only real thing on earth.
In his drawing of Kitaj, the line is blurred between his subject’s concentration and his own. Is it really that Kitaj is so immersed in the act of seeing — or that Hockney is, his gaze so rapt upon his friend as to make him able to capture, briefly, what it was like to see through Kitaj’s eyes?
From the first days of their friendship at the Royal College of Art, Hockney and Kitaj existed on two planes for one another: human and artistic. As each worked to find the right way to reflect their own humanity in their art, their concepts of both themselves and their work influenced one another. “I was painting about my Jews and my books and Hockney was just coming out of the closet, so I said paint that,” Kitaj once said. And another time: “He switched to his gay culture as I began on my Jewish culture in its first forms.”
When Kitaj married the painter Sandra Fisher in 1983 — after Hockney introduced them in the 1970s — Hockney was his best man. “Those orthodox Rabbis had never seen such a gang under the chuppa,” Hockney told 032c magazine in 2025. At that moment, he said, “life for me had reached a dangerous perfection.”
A “dangerous perfection.” What did that mean? I see a glimpse of the answer in Hockney’s drawing of Kitaj — a sense of connection so complete as to threaten the boundaries of selfhood. At Kitaj’s wedding, Hockney experienced that threat as a kind of transcendence: Look, how wonderful being alive among other people can be. The experience captured in his drawing of Kitaj is different, but related. It’s that of a kind of looking, and seeing, that briefly gives total knowledge.
That kind of completeness is one of the aims of friendship, and also of art. There will be much to miss about Hockney, an artist who was easy to love. But the rare experience of absolute immersion that his best work gave its viewers may have made, out of all he accomplished, the biggest splash.
The post The Jewish friendship that let David Hockney experience ‘dangerous perfection’ appeared first on The Forward.
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Aristotle, Jewish ethics and the vexing case of Graham Platner
In last Tuesday’s Democratic Senate primary in Maine, nearly three quarters of voters decided that Graham Platner — Iraq War veteran, oysterman, Reddit misogynist and SS tattoo bearer — was their best hope to defeat the Republican incumbent, Susan Collins, come November. While the result was wildly cheered by his supporters, other Democrats and independents were left deeply uneasy.
There are good reasons, philosophical no less than political, for this disquiet. For some Democrats, the winning approach to the election is not necessarily one that leads to victory, but instead one that leads from virtue.
Much attention has been given to the political issues raised by Platner’s candidacy. His embrace of economic populism and excoriation of our country’s oligarchy, his denunciation of forever wars and defense of the common man were and remain compelling stances. That Platner speaks his own mind, and does so simply but rarely simplistically, rather than from a script bolted together by handlers, is clearly a plus as well.
But the matter of his character also raises a serious ethical issue not just for Platner, but also for those who voted for him this spring and plan to do so again this fall. It is less a matter of achieving a good result, than of affirming the good itself.
Moral philosophy comes in three flavors: consequentialism, deontology, and virtue ethics. For reasons of space, let’s focus on the first and last. As the name suggests, consequentialism focuses not on the means but instead on the ends. But this does not mean, as some think, that any end can justify any means. Instead, philosophical consequentialists argue that acts must be judged by a simple measure: seeking the greatest good at the least moral cost.
For a hypothetical example, say I have a student who is floundering in one of my classes. They are doing their best, but for various reasons their best will probably not help them avoid a failing grade. Afraid to disappoint or depress the student, I allow them to continue in the class. Consequently, the student sinks rather than swims by semester’s end. Or, instead, I can sit down with the student earlier in the semester and suggest that they withdraw today and try again a later day when they are better prepared. The result is the least cruel and most good: some suffering in the short term rather than greater suffering in the long run.
Yet, consequentialism can be complicated. Consider the election of John Fetterman to the Senate in 2022. Faced by the prospect of voting for the Republican candidate, Democrats and independents gave Fetterman the winning margin despite a stroke he suffered during the campaign, one that raised serious questions about his capacity to hold the office. For reasons that are hard to parse, Fetterman has since broken with his fellow Democrats on several vital issues.
Rather than realizing the greater good, some Pennsylvania voters may now realize their reasoning was misplaced.
This brings us to virtue ethics, which is now enjoying a second wind among moral philosophers. Inspired by Aristotle’s Nicomachean Ethics, virtue ethicists are less concerned with actions than they are with character. As the philosopher Todd May writes in his book The Decent Life, the key question for consequentialists (and deontologists) is “How should I act?” But for those who promote virtue ethics, the question is “How should I live?”
By this, they mean what Aristotle seems to have meant: how can we live a happy or flourishing life? The answer is by living that life in accord with virtue.
Simply put, virtues are those traits of character — think bravery and constancy, sagacity and generosity—crucial to human flourishing. And to flourish as humans requires a deep disposition to see and feel, choose and respond to the world and others in ways that align with those virtues. In the words of the late Alasdair MacIntyre, the philosopher who reintroduced virtue ethics to modern readers, “The exercise of the virtues is itself a crucial component of the good life for man.”
Inevitably, just as with the other ethical theories, there are problems with virtue ethics. But there are also advantages, principally that it seeks to build character rather than build a calculus of the highest good. This brings us back to Graham Platner. What is at issue with his campaign is not just the character of the candidate, but the character of the nation we wish to realize. The unavoidable question is not whether the ends justifies the means, but whether the means justifies the end—in this case, a nation dedicated not to winning a Senate majority, but to one dedicated to reversing the waning of virtue. Even if this means giving Susan Collins 6 more years.
Modern Jewish thinkers find ties between pagan and Jewish ethics. Yonatan Brafman, who teaches at the Jewish Theological Seminary, points to fascinating parallels between the writings of Aristotle and the medieval philosopher Moses Maimonides. The latter, Brafman suggests, sought various ways to encourage the practice of generosity. “Fulfilling the commandment of matanot le-’evyonim (gifts to the poor) and even prioritizing it over other commandments both expresses and fosters the virtue of generosity,” Brafman writes. “Moreover, in Maimonides’ view, this virtue is central to human flourishing. Generosity enables an individual to achieve divine joy.”
Of course, the exercise of generosity should apply to Platner, a man who insists that he has changed. Come November, we will learn whether this is true for our nation. As for Platner, who insists he has changed, it may take much longer for all of us to know.
The post Aristotle, Jewish ethics and the vexing case of Graham Platner appeared first on The Forward.
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What does it say that Gwyneth Paltrow is advertising luxury Israeli real estate?
What does Gwyneth Paltrow have to do with a new luxury apartment building in Tel Aviv suburb Herzliya?
Not much, it seems, judging from a new ad that dropped this week. It features Paltrow going on a morning jog in the city — New York City, that is. She wakes up, voices some pat complaints about why “mornings have to be so early” and how her “coffee needs a coffee,” before she heads to Central Park. She comes home, showers, then asks her driver to take her to 51 Park.
Her driver asks if she means New York. “Herzliya, Israel,” she clarifies, smiling into the camera, as though the black SUV can drive across the ocean.
The ad makes so little sense that my first instinct was to think that it must be some sort of AI rendition of Paltrow. But a LinkedIn post about the project, from Gabi Attal, the CEO of the ad agency Why Worry, which made it, says that they did indeed shoot the ad in real life, in New York City, and that Paltrow is the face of the ad campaign behind a luxury apartment building called 51Park in Herzliya.
51Park is the name — though seemingly not the address — of an enormous new apartment complex that does not appear to exist yet; the website for the building is written in future tense. In renderings, two 51-story glossy towers, with — depending on which part of the website you read — either 636 or 733 apartments total, shine over a park. The neighborhood, it promises, is about to become the beating heart of Herzliya, bounded by highways, the light rail and Herzliya Park.
Paltrow, who is Jewish, has hawked a lot of weird products in her time — vagina-scented candles, anyone? And in some ways, the luxury building makes sense as a product for the actress, who has often flaunted her wealthy lifestyle. But everything else about the 51Park campaign places it back into Paltrow’s stranger offerings.
First off, of course, is the simple setting of the ad, which is nowhere near the apartment building Paltrow is lending her face to.
“To bring this architectural masterpiece to the Israeli audience, we needed a figure who effortlessly embodies international elegance, a premium lifestyle and uncompromising quality,” Attal wrote in the LinkedIn post about the ad.
No one behind the ad responded to my questions about how Paltrow was selected except the director’s agent, Tal Nathan, who said that he couldn’t comment beyond saying the actress “looks absolutely fantastic.” Still, Paltrow certainly embodies a certain kind of “premium lifestyle” — her lifestyle brand, Goop (tagline: “beauty as wellness”), sells such wealth signifiers as a $425 black tank top and a $55 “sex oil,” and also partners with other luxury brands to market expensive jewelry, clothing, and wellness accessories via Paltrow’s own website as “Gwyneth’s picks.” (These include a $225 “eyelift bioremodeling peptide matrix” and a cream for “mindfulness and intuition.”)
The actress has made her name, at least since her Oscar win in 1999, by defining an ideal of minimalist, luxurious perfection — one with little care for qualities like accessibility, approachability or reality. (She had to pay a fine after Goop sold bespoke jade eggs promising questionable health benefits for one’s “yoni.”) In fact, part of her allure is her lack of those values. Her aesthetic seeks to soar above plebian concerns like pragmatism or cost. Who cares if that $491 pewter cocktail strainer requires regular polishing to maintain its silver sheen? It’s covetable. Similarly, who cares where your luxury building is, the 51Park ad seems to say; the important part is the luxury.
Still, it seems odd to market the building to Israelis via an ad filmed in New York City, in English. Sure, New York might signify wealth and luxury in the international market. But the ad doesn’t highlight the amenities 51Park actually offers, such as proximity to Herzliya Park; it shows Paltrow in a luxury apartment in New York with convenient access to a different, and more famous, park: Central Park.
Instead, it feels as though the ad is directed at Americans, selling the idea that New York City and Herzliya are the same. That’s patently absurd though — even if we were to equate Tel Aviv and NYC, which are really not very similar outside of being their respective countries’ most cosmopolitan cities, Herzliya is neither; it’s a separate, much smaller city. Which means Herzliya is, at best, Hoboken. Perhaps that’s why Paltrow didn’t even bother flying to Israel to film the ad.
Marketing an Israeli home to Americans, however, is a controversial proposition. Over the past couple of years, Israeli companies selling homes and land to Jewish Americans, often at fairs held in synagogues, have been a target for protests. Sure, Herzliya is not in the West Bank. But for an actor to wade into obvious controversy like this, especially when she has a new major project coming up — starring as Belle Burden in an adaptation of the heiress’ best-selling memoir Strangers — is a confusing choice.
The ad was reposted by viral celebrity gossip account PopBase, leading to thousands of retweets and comments accusing her of supporting, as many commenters put it, “gwynocide.” Others said it was tone deaf to market luxury apartment buildings only a few hundred miles from razed apartments in Gaza, and compared her to the Nazi wife who enjoys her garden outside Auschwitz in the Oscar-winning film The Zone of Interest.
Yet, in the ad, Paltrow seems blissfully unaware of all that, or at least doesn’t betray the slightest political statement. It’s not the first time Paltrow has been impressively out of step with public opinion — for example, saying that being a mother while working on movie sets is harder than being a “regular” working mother who is not extremely wealthy and famous, or that she would rather die than let her child eat a “Cup-a-Soup” and would rather do crack than eat cheese out of a tin.
Paltrow’s serene smile in the ad implies she can just float above the political realities tied to Israel without touching them. The idea that one can move to Israel and live a life indistinguishable from the one you once had on Park Ave in NYC, is fundamentally a political statement, of course; not everyone has that freedom of movement, whether due to financial or political realities. But Paltrow has not responded to criticism online or to journalists reaching out to ask what she meant to say with the ad. Though she voiced support for the hostages after Oct. 7, she hasn’t implied that her ad for 51Park is any kind of statement. In fact, she’s carefully avoided making one.
Instead, Paltrow — as is so often the case with the actress famed for her snobbery — has demonstrated that she is not as interested in Israel, Gaza, the war, or Judaism as she is in the disembodied ideal of luxury. As she once said, she “can’t possibly pretend to be someone who makes $25,000 a year.” The rest isn’t important; she can ignore it.
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