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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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Why is the biggest soccer team in the world talking about Joseph Goebbels?
The biggest rivalry in international soccer — between Real Madrid and FC Barcelona — has erupted in recent months, as Madrid pushes the Spanish soccer federation to punish Barca for alleged referee bribery.
But the ugly sparring between the clubs took an unexpected turn last week when Spanish league president Javier Tebas entered the fray with a shocking comparison.
“Real Madrid’s management directs an orchestra of mouthpieces and Real Madrid TV leads the singing,” Tebas wrote Oct. 15 on X. “Their score is always the same: select the plays that suit them, repeat the grievance, feed the suspicion, and point fingers at the enemies.
“That method recalls propaganda mechanisms exploited by Goebbels, Nazi Germany’s minister of propaganda: systematic repetition, construction of an enemy, and subordination of facts to the narrative.”
Real Madrid, which has employed such stars as Cristiano Ronaldo and David Beckham, condemned the remark with a statement calling for Tebas’ resignation both from the Spanish league, La Liga, and the Royal Spanish Football Federation, where Tebas serves as vice president.
“Real Madrid C. F. considers it absolutely intolerable and extraordinarily serious that someone holding two positions of utmost responsibility in Spanish football resorts to a comparison with the propaganda methods of the Nazi regime to discredit our club, its management, and its television,” the club wrote Oct. 16.Tebas has thus far refused to resign or even take down the post, and has defended his critique by pointing to other Spanish leaders who have made similar comparisons in the past.
The Goebbels controversy comes amid growing concerns about antisemitism in Spain, including in sports, where thousands of protesters blocked an Israeli-branded cycling team from competing in the Vuelta race last year.
The bribery accusations against Barcelona first surfaced in 2023, when it was revealed the club had paid millions of dollars to companies linked to the former vice president of the Spanish refereeing body, José María Enríquez Negreira. A Spanish court dismissed the bribery charges in 2024, but the investigation continued, and earlier this month Madrid submitted a tranche of documents it said proved the bribery claims.
The conflict between the club and Tebas dates back at least to 2021, when Madrid club president Florentino Perez spearheaded a breakaway international league that would have threatened Spanish competition. Barcelona had also agreed to join the so-called Super League, but the plan was scuttled after enormous backlash from fans across the continent.
Joseph Goebbels, one of Hitler’s most devoted followers, led the German Propaganda Ministry after the Nazi party came to power in 1933. He and his wife died by suicide in 1945 after killing their six children with cyanide.
The post Why is the biggest soccer team in the world talking about Joseph Goebbels? appeared first on The Forward.
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Israel’s election may hinge on whether Netanyahu’s opposition will accept Arab support
Israel’s approaching election is developing into an extraordinary paradox: Prime Minister Benjamin Netanyahu, whose government presided over the catastrophe of Oct. 7 and whose record since has been a succession of security failures, assaults on democracy, capitulations to Haredi interests and international embarrassments, may yet survive politically because his opponents cannot bring themselves to accept the parliamentary support of Israel’s Arab citizens.
The polls have tightened, the opposition has conducted a strangely timid campaign, and U.S. President Donald Trump’s endorsement of Netanyahu over the weekend introduces an unpredictable element into a contest that should by any reasonable accounting be a referendum on utter failure. Yet given the picture emerging in the polls, the decisive question is whether the opposition’s leaders possess the courage to reach out to the one-fifth of Israelis who are Arabs – who are expected to vote in very high numbers on Oct. 27.
Since 1973, Israel’s classic center-left has never secured an election-day parliamentary majority without the seats of Arab parties. Yitzhak Rabin’s victory in 1992, for example, depended on a parliamentary balance that included Arab representatives, whose support later became essential to his government’s survival. By most credible polls, that is the picture that emerges now, and with that support, the opposition could become a comfortable majority of close to 70 of the 120 Knesset seats.
But things are not so simple. In 2020, most of the Joint Arab List – an alliance of Arab parties in Israel – recommended opposition leader Benny Gantz for prime minister, producing a numerical majority that collapsed because several opposition lawmakers simply could not stomach the prospect. But the Naftali Bennett-Yair Lapid government that removed Netanyahu in 2021 included the Arab party Ra’am, demonstrating that cooperation across this divide was possible even among politicians with profound disagreements about national identity and the question of a Palestinian state.
Throughout these episodes, the challenge was the elementary democratic principle that the votes of Arab citizens should carry precisely the same weight as those of Jewish citizens. And yet there are complications with these political alliances: the Arab parties are not “Zionist” – and more relevantly, they have real difficulty in a situation that involves conflict with the Palestinians, who are their non-citizen brothers and sisters.
Netanyahu has spent years exploiting the discomfort of his opponents with this reality, transforming the prospect of Arab political influence into a weapon against anyone seeking to replace him. During this election, his campaign has placed particular pressure on Gadi Eisenkot, the former IDF chief of staff, portraying any government of his, if it’s dependent on Arab parties, as compromised from the outset.
Eisenkot, Naftali Bennett and other opposition leaders are trying to win over former right wing voters who may have tired of Netanyahu’s endless scandals and failures – but those voters also have serious reservations about the Arab parties. So their prevarications are not hard to understand.
There is, of course, a double standard: Netanyahu routinely counts on the ultra-Orthodox parties, whose demands for military exemptions, public subsidies and educational autonomy have profound consequences for Israel’s security, economic resilience and civic solidarity. Their representatives are treated as legitimate negotiating partners whose seats belong automatically in the right-wing bloc, even when, indeed, they call themselves non-Zionist.
Arab political leaders are now offering the opposition passive support in parliament for free, meaning they do not even demand a seat at the government table. According to all credible polls, the opposition plus the Arab parties should have a comfortable majority after the Oct. 27 vote.
Mostly Muslim, with Christian communities and the distinct Druze population, these citizens share aspects of the language, culture and historical grievances of the surrounding Arab world while participating in the institutions, economy and daily life of the Jewish state. Two stories convey this complexity.
The first: A wounded Jewish reservist, a new immigrant and Technion engineer, was driving toward a hospital for treatment of a hand injured during service in Lebanon when police stopped him for speeding last year. As the Maariv newspaper’s columnist Ben Caspit reported, the reservist presented documentation of his medical circumstances, yet the officers, who were Jewish, issued a fine and delayed him despite the potential danger to his injured finger, behaving at times with an astonishing lack of consideration.
The case eventually reached a court, where the fine was canceled in a ruling that criticized the enforcement as falling short of reasonable, proportionate and fair administrative discretion. The judge was Rasha Saadi Atamna, an Arab woman whose decision recognized the wounded soldier’s service and circumstances while holding an institution of the Israeli state accountable to its own standards. It was a recognition denied by fellow Jews.
The second: On the morning of Oct. 7, 2023, Youssef Ziadna, a Bedouin minibus driver from Rahat who had dropped off a group of young people at the Nova music festival, showed extraordinary courage.
When Hamas launched its massacre, one of his passengers called desperately for help, and Ziadna drove toward the festival, entering an area where gunmen were murdering civilians and vehicles were fleeing in panic. Near the Gaza border communities, a man running from the slaughter warned him to proceed no further, and moments later gunfire sent Ziadna and others diving into a roadside ditch.
The danger was clear, the route home was available, and every ordinary instinct of self-preservation pointed toward escape. Ziadna instead continued toward the festival, found the people who had summoned him, collected other terrified and wounded Israelis and eventually squeezed roughly 30 passengers into a minibus designed for 14. Drawing on his knowledge of the terrain, he drove across fields and away from the gunmen, with other fleeing Israelis following behind him.
The people Ziadna carried to safety were Jewish Israelis, while his own Bedouin community was suffering murder and abduction in the same assault. Speaking to Israel Radio during Oct. 7 commemorations, he explained his decision in words that deserve to resonate far beyond the immediate story of his heroism: “I could have turned around and did a U-turn, but my conscience wouldn’t let me. I am a human being first. We have to live together in this very fine country of ours.”
The election, of course, will be decided by parliamentary arithmetic rather than inspiring anecdotes, and the stakes extend well beyond the composition of the next coalition.
Consider the government’s continuing failure to confront Jewish terrorism in the West Bank, where extremist settlers have now assaulted an American journalist and European diplomats in successive days. Heidi Levine, a Washington Post photographer whom I have known for decades, was brutally beaten while covering the Palestinian olive harvest, suffering injuries requiring surgery.
The following day, settlers attacked European diplomats and a French mayor near the Christian village of Taybeh. Netanyahu’s response was to question the evidence, emphasize the diplomats’ failure to coordinate with the army and suggest a campaign to smear settlers. Such indulgence of violent extremists disgraces Israel and accelerates its international isolation.
Trump’s endorsement this weekend of Netanyahu may influence some voters, but the fundamental choices belong to Israelis.
Let’s hope they are more thoughtful than to listen to the U.S. president and reelect a leader who would endanger lives by continuing to block an Oct. 7 inquiry, redouble efforts to instill an elected dictatorship, continue to absolve the Haredim of military duty, do nothing to stem the disgrace of Jewish terrorism, and hasten the onset of global economic sanctions upon the Jewish state.
The post Israel’s election may hinge on whether Netanyahu’s opposition will accept Arab support appeared first on The Forward.
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Bob Dylan is changing his lyrics and his set list; what is he trying to tell us?
Nobel Prize-winning rock poet Bob Dylan once famously wrote, “You don’t need a weatherman to know which way the wind blows” (in his 1965 song “Subterranean Homesick Blues”). That may have formerly been the case, but it didn’t stop Dylan from kicking off his “Lights of Autumn Tour” in Oslo on Saturday, Oct. 17, with a setlist chock full of warnings about floods and extreme weather — a veritable apocalypse of natural disasters. He even rewrote some lines in one of his most famous and beloved songs, “Tangled Up in Blue,” to make the weather a new character in the song.
Playing “Tangled Up in Blue” in concert for the first time since 2018, Dylan revised a few verses. Where he originally sang “I had a job in the great north woods working as a cook for a spell” to kick off the third verse, Dylan instead sang “Way up in the frozen woods, teardrops touch the sky / The leaves are falling one by one, and the moments passing by,” in keeping with the “Lights of Autumn” theme. (It should be noted that Dylan has been rewriting and changing the lyrics to “Tangled” at least since 1984, when he also included the song on his opening concert of a European tour.) “Way up in the frozen woods” may also refer to Dylan’s hometown of Hibbing, Minnesota, which is so far north that you can practically see Canada from there.
On Saturday, Dylan continued to rewrite that third verse with the line “Sometimes I get so tired, sometimes I’m getting away / Lucky you found another, tomorrow’s another day.” In a clever twist, Dylan inserts the new word “lucky” into the number, which recalls the phrase “I can’t help it if I’m lucky” from the song “Idiot Wind,” also found on the 1975 album Blood on the Tracks where “Tangled Up in Blue” originated. “Lucky” also resurfaced as a cryptic moniker for Dylan himself when, in the superstar group the Traveling Wilburys that included George Harrison, Tom Petty, and Roy Orbison — all of whom took new names ending in “Wilbury” — Dylan opted for “Lucky Wilbury.” He can’t help it, indeed!
Dylan kicked off another rewritten verse with the phrase, “Things were gettin’ to cost too much,” leaving one to wonder if this was a pre-midterm election reference to the state of the U.S. economy and therefore an implicit criticism of the MAGA leader and his acolytes. Dylan also revised the music somewhat, slowing the tempo of what was once a mid-tempo rocker to a rubato ballad; he also inserted a minor chord that doesn’t exist in the original.
As noted, Dylan’s 19-song setlist included copious references to weather disasters. “The Man in the Long Black Coast” opens with the line “Crickets are chirpin’, the water is high,” and refers to trees that are “bent over backwards from a hurricane breeze.” The aptly titled “Crash on the Levee (Down in the Flood),” which he performed for the first time in over two decades, includes the lines:
Crash on the levee, mama
Water’s gonna overflow
Swamp’s gonna rise
No boat’s gonna row….
If you go down in the flood
It’s gonna be your own fault…”
Even Dylan’s choice of cover tunes seemed oriented toward the apocalyptic theme. For the first time ever, Dylan sang a Randy Newman song in concert. Keeping with the flood theme, he chose Newman’s “Louisiana 1927,” which recounts one of the worst floods ever to strike the U.S.
What’s happened down here is that the wind have changed
Clouds roll in from the north, and it starts to rain
Rained real hard, it rained for a real long time
Six feet of water in the streets of Evangeline
River rose all day, the river rose all night
Some people got lost in the flood, some people got away all right
Dylan also covered “Share Your Love” — originally recorded by Bobby “Blue” Bland in 1963 but also recorded and performed by Dylan’s former backup group, The Band — which kicks off with the line “Well, it’s an ill wind that blows no good.”
But Dylan didn’t have to go far from his own catalog to rack up mentions of climate insanity. He performed “Tryin’ to Get to Heaven,” which includes the lines “The air is getting hotter, there’s a rumbling in the skies / I’ve been wading through the high muddy water, with the heat rising in my eyes.” In “You Ain’t Goin’ Nowhere,” Dylan sang, “Clouds so swift, rain won’t lift / Gate won’t close, railings froze / Get your mind off wintertime, you ain’t goin’ nowhere.” And on “I’ve Made Up My Mind to Give Myself to You,” the seasonally appropriate narrator says, “I saw the first fall of snow, I saw the flowers come and go.”
Dylan’s tour continues tonight (Oct. 19) in Gothenburg, Sweden, before making its way through Denmark, Germany, Belgium, Switzerland, Italy, Slovenia, and Austria, and concluding in the UK in November and early December. The forecast for Sweden tonight is clear, but later in the week, the weather report says there’s a chance of a hard rain.
The post Bob Dylan is changing his lyrics and his set list; what is he trying to tell us? appeared first on The Forward.
