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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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Some of Mamdani’s Jewish allies criticize his use of ‘monsters’ to describe AIPAC
(New York Jewish Week) — New York City Mayor Zohran Mamdani on Monday defended his use of the word “monsters” to describe AIPAC at a rally Friday for progressive candidates, as some of his Jewish supporters expressed concern that the term may connote an antisemitic trope.
The war of words came as the American Israel Public Affairs Committee is increasingly a target of the progressive movement — including in acts of attempted violence — and as progressive Jews have accused some Israeli right-wing figures of dehumanizing liberal pro-Israel lobbying groups.
“Calling AIPAC and its backers ‘monsters’ casts them as less than human, rather than as human beings who are one’s political opponents,” Rabbi Jill Jacobs, head of the progressive rabbinic human rights group T’ruah, wrote in a Substack post Monday.
“I was taken aback,” Rabbi Misha Shulman, a Mamdani supporter who leads the progressive Brooklyn synagogue The New Shul, told the Jewish Telegraphic Agency about the mayor’s comments. “I didn’t like those remarks. It was a little bit of a flag for me.”
At a press conference, Mamdani said he had been quoting Italian anti-fascist philosopher Antonio Gramsci, whose quote ending “Now is the time of monsters” the mayor had cited at the top of his speech. The rally was intended to boost the mayor’s preferred progressive candidates, including Jewish congressional candidate Brad Lander, ahead of New York’s closely watched Tuesday primaries.
“I used the term to describe all those who are preventing the birth of a new world,” Mamdani told a reporter who asked about the word. He continued, “My use of the term is a broad use that speaks to the untenable nature of a status quo that is quite literally starving people in this city, all in the name of sustaining something that we simply cannot defend any longer.” He did not explain how he saw AIPAC as connected to poverty in New York.
Mamdani insisted he was referring to “not solely AIPAC,” but he singled out the organization again in his Monday remarks to reporters, saying the lobbying group was backing “a status quo for immorality.”
During the rally last week, Mamdani had stated that Gramsci’s “monsters take many forms today,” including “AIPAC, for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and [Israeli Prime Minister Benjamin] Netanyahu’s wars.” He added that AIPAC’s “goal” is “to turn us against one another.”
For some of the progressive Jews who have supported the mayor, his comments sounded alarms about the use of dehumanizing or sinister rhetoric to describe Jewish groups.
But Shulman said it was actually Mamdani’s remarks in the same speech painting AIPAC as a “dark money” group that was most alarming to him. AIPAC, a lobbying organization that also operates a political spending arm, does not conceal its donors, unlike the traditional profile of a so-called “dark money” campaign finance operation.
“For me, the question of dark money was the tougher knot,” Shulman said, calling Mamdani’s remarks a “tactical mistake.” In the context of rising antisemitism, he added, “For a left-wing leader to use that phrase, and invite traditional antisemitism into this conversation in that way, was not smart.”
Shulman is a member of Israelis For Peace, a New York-based ad-hoc group of progressive Israelis who broadly back Mamdani. While not speaking on behalf of the group, he told JTA their internal group chat lit up with debates over the appropriateness of Mamdani’s speech.
Jacobs of T’ruah said Mamdani’s remarks were part of what she described as a “disturbing trend” of recent left-wing attacks on the lobbying group, including Maine Democratic U.S. Senate nominee Graham Platner accusing his GOP opponent of being “bought and paid for by Benjamin Netanyahu” because of AIPAC’s donations to her campaign.
Rep. Ro Khanna, a California Democrat who has aspirations of higher office, also recently became the first sitting member of Congress to sign a pledge from Track AIPAC, a purported AIPAC watchdog that also targets donations from more liberal pro-Israel groups, including J Street.
Over the weekend, a cafe posted on Instagram that it had rejected a payment from liberal Jewish New York Rep. Dan Goldman, whom Lander is challenging in the primary, because the money was “probably coming from AIPAC.” (Goldman has been endorsed by both AIPAC and J Street.)
While noting that AIPAC “absolutely deserves to be criticized, sidelined, and rejected for its decades of negative influence on American foreign policy,” Jacobs wrote that such critiques should be done “without dehumanizing language, and without hinting at a grand Jewish conspiracy.”
Such pushback from Jews who have worked with Mamdani is rare. JTA reached out to representatives for several of the mayor’s most visible Jewish allies on Monday, including Lander and Vermont Sen. Bernie Sanders, who spoke at the same rally. Sanders also criticized AIPAC. Neither returned requests for comment by press time. On social media after the rally, Lander celebrated the event, calling it “a tremendous honor” to rally alongside Mamdani.
IfNotNow and Jews For Racial and Economic Justice, two Jewish activist groups that endorsed Mamdani, similarly did not respond to requests for comment by press time. A spokesperson for Rep. Jerry Nadler, the retiring liberal Jewish Democrat who had endorsed Mamdani’s mayoral bid, also did not respond by press time.
J Street, the liberal pro-Israel lobby that positions itself as a foil to AIPAC, declined to comment on Mamdani’s remarks. Last month, hundreds of Jewish leaders criticized Yehuda Leiter, Israel’s ambassador to the United States, after Leiter called J Street a “cancer within the Jewish community.” Nadler was among the signatories of an open letter that said Leiter “dehumanizes fellow Jews.”
Centrist Jewish groups and figures, already no fans of Mamdani, also bashed his AIPAC comments. “Referring to fellow New Yorkers as ‘monsters’ is outrageous and dangerous, and the impact of your words extends far beyond politics,” American Jewish Committee CEO Ted Deutch wrote on X, addressing Mamdani.
Rep. Josh Gottheimer, a Jewish Democrat representing New Jersey, wrote, “Swap ‘AIPAC’ for ‘Jews’ and it’s the oldest antisemitic conspiracy theory in the books.”
Both posts were reposted by AIPAC, which otherwise did not comment.
The post Some of Mamdani’s Jewish allies criticize his use of ‘monsters’ to describe AIPAC appeared first on The Forward.
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U.K. PM Starmer leaves behind mixed record on antisemitism
(JTA) — U.K. Prime Minister Keir Starmer, who resigned the premiership on Monday, leaves behind a mixed record on fighting antisemitism in the Labour Party that Jewish organizations say will help shape their expectations for his successor.
Starmer announced that he was stepping down outside 10 Downing Street in the morning local time. He made the decision in the wake of mounting pressure from Labour members of Parliament and waning political support after the party’s devastating losses in the May 7 local elections and the success of political rival Andy Burnham in Manchester’s parliamentary election last week.
Burnham, the former mayor of Greater Manchester, has emerged as the leading contender after winning a Manchester-area by-election on Friday with 55% of the vote. Burnham has sought to position himself prominently on antisemitism and relations with the Jewish community in his bid to take over from Starmer.
In a post on X, Burnham thanked Starmer for his leadership and said the PM’s decision to resign “marks the beginning of a transition and it is important that this process is conducted in an orderly and responsible way. I will put myself forward as part of this process.”
Starmer confirmed he would remain on as caretaker prime minister until a successor was chosen.
“The question my party is asking now is whether I am best placed to lead us into the next general election,” he said. “I have heard the answer of my parliamentary party to that question, and I accept that answer with good grace.”
The Jewish Labour Movement thanked Starmer in a post on X, noting that two years ago he inherited the party “at its lowest point” from former party leader Jeremy Corbyn, when it was “institutionally antisemitic.” It added, under Starmer, “our party has a clean bill of health on antisemitism.”
However, Starmer’s tenure was still met with plenty of criticism from the Jewish community over his handling of antisemitism, particularly in light of ongoing antisemitic attacks in the country. In recent months alone, four Hatzola ambulances were lit on fire; there were attempted attacks on three synagogues; two Jewish men in the Orthodox neighborhood of Golders Green were stabbed. Dozens of people have been arrested in connection with the incidents.
Starmer entered office in July 2024, leading his country’s thorny relationship with Israel in the aftermath of the Hamas Oct. 7, 2023, attack against the Jewish and the Gaza war that followed. He angered Israel with steps such as recognizing Palestine as a state and promising to uphold the International Court of Justice’s arrest warrant against Prime Minister Benjamin Netanyahu for war crimes.
With Starmer’s upcoming departure, focus has shifted to the contest to replace him, bringing renewed scrutiny to candidates’ positions on antisemitism, relations with the Jewish community, and Israel.
Starmer said he would give his successor his “full and unequivocal support,” adding that nominations would open on July 9 and conclude before the parliamentary summer recess on July 16.
Board of Deputies of British Jews President Phil Roseneberg posted on X, “When he took on the leadership of the Labour Party the first thing @Keir_Starmer said he would do is ‘tear out the poison of antisemitism by its roots’. His subsequent actions were transformative within the Party.”
He praised Starmer’s government for providing “unprecedented security funding,” and introducing legislation to proscribe the IRGC.
Burnham, for his part, has spoken out against antisemitism in the wake of violence attacks. Following the October 2025 Yom Kippur attack at the Heaton Park Congregation synagogue in Manchester, in which two people were killed, Burnham said in an official release, “Tonight, our first thoughts are with the families of those who have died, those injured and those traumatised by this – a horrific antisemitic attack on our Jewish friends and neighbours. We condemn it outright.”
He also wrote in a post on X on the same day, “Today we have witnessed a vile attack on our Jewish community on its holiest day. We condemn whoever is responsible and will do everything within our power to keep people safe.”
His positions on Israel and Gaza have also come under scrutiny. In a June 4 interview with The Guardian, Burnham did not invoke the term “genocide” in relation to the war in Gaza, but did say, “I can’t judge things of that enormity from where I am as mayor of Greater Manchester.”
He added, “But I do have concerns about the disproportionate nature of what has happened in terms of the destruction, and there has to be a full process of investigation and accountability.”
Additionally, 10 days after the Oct. 7 attacks, Burnham called for a ceasefire in a joint statement with 10 Greater Manchester leaders. The statement read in part, “We condemn unreservedly the appalling terror attacks on innocent civilians in Israel by Hamas on 7th October.”
The statement also noted that Israel has the right to take “targeted action within international law” to defend itself and to rescue its hostages, but added, “We also have profound concerns about the loss of thousands of innocent lives in Gaza, the displacement of many more and widespread suffering through the ongoing blockade of essential goods and services.”
Referencing his expected leadership bid, Culture Secretary Lisa Nandy told the Jewish News on June 17 that Burnham had a few weeks earlier met with Jewish communal leaders in Greater Manchester.
When it comes to Israel, Nandy said Burnham “believes in justice, so he’s acutely aware of the need for a safe homeland for Jewish people, you know, and the particularly unique historical reasons why Israel came into existence.”
The post U.K. PM Starmer leaves behind mixed record on antisemitism appeared first on The Forward.
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NY cafe deactivates account after backlash over treatment of Rep. Goldman
(New York Jewish Week) — A Brooklyn café posted on Instagram that it refunded a purchase made by Rep. Dan Goldman, saying that it doesn’t serve “genocide enablers.”
“Do you see how it doesn’t taste like genocide juice?” the post by Poetica Coffee read. “Or are you still having a hard time telling the difference?”
In the post, the coffee shop included a photo of Goldman at the Lorimer Street location of their five Brooklyn spots. “Too bad we didn’t recognize you right away or we would have turned you away,” the post said.
The caption on the post said Goldman’s money is “probably coming from AIPAC anyways” and told Goldman never to come back. The post was accompanied by the song “F— You” by British singer-songwriter Lily Allen.
Jewish community leaders immediately condemned the post, which was deleted when Poetica Coffee deactivated its account Monday.
“Assigning collective blame to Jews or perceived supporters of Israel over disagreements with Middle East policies is the very definition of antisemitism,” Mark Treyger, CEO of the Jewish Community Relations Council of New York, said in a statement. “It is shameful and hateful, and businesses open to the public do not get to discriminate based on religion, ancestry, ethnicity, or stereotypes.”
According to its website, Poetica Coffee is “rooted in the Uzbek tradition where the guest is sacred, the books are unbanned, and the door is open to everyone.”
Goldman, who describes himself as “unabashedly pro-Israel,” is running for reelection in a contentious election Tuesday against former New York City Comptroller Brad Lander, an Israel critic who also identifies as a “liberal Zionist.” Lander’s campaign did not respond to request for comment from the Jewish Telegraphic Agency.
“I am sorry to see this post,” Goldman said in a statement earlier Monday. “The barista could not have been nicer to my 7-year-old daughter and me — allowing her to use the bathroom even though we had not purchased anything. I made sure to buy a coffee in return for her kindness. I hope you at least make sure she gets the tip that she deserved.”
Before deactivating its account, Poetica Coffee said it had been the recipient of multiple death threats, including at least one with Islamophobic rhetoric.
Goldman was refunded $9.82, according to now-deleted screenshots from Poetica’s post.
The post NY cafe deactivates account after backlash over treatment of Rep. Goldman appeared first on The Forward.
