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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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How the Global Religious Landscape Changed from 2010 to 2020
Muslims grew fastest; Christians lagged behind global population increase
• Christians are the world’s largest religious group, at 28.8% of the global population. They are a majority everywhere except the Asia-Pacific and Middle East-North Africa regions. Sub-Saharan Africa has surpassed Europe in having the largest number of Christians. But Christians are shrinking as a share of the global population, as millions of Christians “switch” out of religion to become religiously unaffiliated.
• Muslims are the world’s second-largest religious group (25.6% of the world’s population) and the fastest-growing major religion, largely due to Muslims’ relatively young age structure and high fertility rate. They make up the vast majority of the population in the Middle East-North Africa region. In all other regions, Muslims are a religious minority, including in the Asia-Pacific region (which is home to the greatest number of Muslims).
• The religiously unaffiliated population is the world’s third-largest religious category (24.2% of the global population), after Christians and Muslims. Between 2010 and 2020, religiously unaffiliated people grew more than any group except Muslims, despite their demographic disadvantages of an older age structure and relatively low fertility. The unaffiliated made up a majority of the population in 10 countries and territories in 2020, up from seven a decade earlier.
• Hindus are the fourth-largest religious category (14.9% of the world’s population), after Christians, Muslims and religiously unaffiliated people. Most (99%) live in the Asia-Pacific region; 95% of all Hindus live in India alone. Between 2010 and 2020, Hindus remained a stable share of the world’s population because their fertility resembles the global average, and surveys indicate that switching out of or into Hinduism is rare.
• Buddhists (4.1% of the world’s population) are the only group in this report whose number declined worldwide between 2010 and 2020. This was due both to religious disaffiliation among Buddhists in East Asia and to a relatively low birth rate among Buddhists, who tend to live in countries with older populations. Most of the world’s Buddhists (98%) reside in the Asia-Pacific region, the birthplace of Buddhism.
• Jews, the smallest religious group analyzed separately in this report (0.2% of the world’s population), lagged behind global population growth between 2010 and 2020 – despite having fertility rates on par with the global average – due to their older age structure. Most Jews live either in North America (primarily in the United States) or in the Middle East-North Africa region (almost exclusively in Israel).
These are among the key findings of a Pew Research Center analysis of more than 2,700 censuses and surveys, including census data releases that were delayed due to the coronavirus pandemic. This report is part of the Pew-Templeton Global Religious Futures project, which analyzes global religious change and its impact on societies around the world. Funding for the Global Religious Futures project comes from The Pew Charitable Trusts and the John Templeton Foundation.
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Antisemitism in some unlikely places in America
By HENRY SREBRNIK Antisemitism flourishes in a place where few might expect to confront it – medical schools and among doctors. It affects Jews, I think, more emotionally than Judeophobia in other fields.
Medicine has long been a Jewish profession with a history going back centuries. We all know the jokes about “my son – now also my daughter – the doctor.” Physicians take the Hippocratic Oath to heal the sick, regardless of their ethnicity or religion. When we are ill doctors often become the people who save us from debilitating illness and even death. So this is all the more shocking.
Yes, in earlier periods there were medical schools with quotas and hospitals who refused or limited the number of Jews they allowed to be affiliated with them. It’s why we built Jewish hospitals and practices. And of course, we all shudder at the history of Nazi doctors and euthanasia in Germany and in the concentration camps of Europe. But all this – so we thought – was a thing of a dark past. Yet now it has made a comeback, along with many other horrors we assume might never reappear.
Since the Hamas attack on Israel on October 7, 2023, there has been a resurgence of antisemitism, also noticeable in the world of healthcare. This is not just a Canadian issue. Two articles on the Jewish website Tablet, published Nov. 21, 2023, and May 18, 2025, spoke to this problem in American medicine as well, referencing a study by Ian Kingsbury and Jay P. Greene of Do No Harm, a health care advocacy group, based on data amassed by the organization Stop Antisemitism. They identified a wave of open Jew-hatred by medical professionals, medical schools, and professional associations, often driven by foreign-trained doctors importing the Jew-hatred of their native countries, suggesting “that a field entrusted with healing is becoming a licensed purveyor of hatred.”
Activists from Doctors Against Genocide, American Palestinian Women’s Association, and CODEPINK held a demonstration calling for an immediate cease-fire in Gaza at the Hart Senate Office Building in Washington, D.C., Nov. 16, 2023, almost as soon as the war began. A doctor in Tampa took to social media to post a Palestinian flag with the caption “about time!!!” The medical director of a cancer centre in Dearborn, Michigan, posted on social media: “What a beautiful morning. What a beautiful day.” Even in New York, a physician commented on Instagram that “Zionist settlers” got “a taste of their own medicine.” A Boston-based dentist was filmed ripping down posters of Israeli victims and a professor at the University of Pennsylvania Perelman School of Medicine did the same. Almost three-quarters of American medical associations felt the need to speak out on the war in Ukraine but almost three-quarters had nothing to say about the war in Israel.
Antisemitism in academic medical centres is fostering noxious environments which deprive Jewish healthcare professionals of their civil right to work in spaces free from discrimination and hate, according to a study by the Data & Analytics Department of StandWithUs, an international, non-partisan education organization that supports Israel and fights antisemitism.
“Academia today is increasingly cultivating an environment which is hostile to Jews, as well as members of other religious and ethnic groups,” StandWithUs director of data and analytics, and study co-author, Alexandra Fishman, said on May 5 in a press release. “Academic institutions should be upholding the integrity of scholarship, prioritizing civil discourse, rather than allowing bias or personal agendas to guide academic culture.”
The study, “Antisemitism in American Healthcare: The Role of Workplace Environment,” included survey data showing that 62.8 per cent of Jewish healthcare professionals employed by campus-based medical centres reported experiencing antisemitism, a far higher rate than those working in private practice and community hospitals. Fueling the rise in hate, it added, were repeated failures of DEI (diversity, equity, and inclusion) initiatives to educate workers about antisemitism, increasing, the report said, the likelihood of antisemitic activity.
“When administrators and colleagues understand what antisemitism looks like, it clearly correlates with less antisemitism in the workplace,” co-author and Yeshiva University professor Dr. Charles Auerbach reported. “Recognition is a powerful tool — institutions that foster awareness create safer, more inclusive environments for everyone.”
Last December, the Data & Analytics Department also published a study which found that nearly 40 per cent of Jewish American health-care professionals have encountered antisemitism in the workplace, either as witnesses or victims. The study included a survey of 645 Jewish health workers, a substantial number of whom said they were subject to “social and professional isolation.” The problem left more than one quarter of the survey cohort, 26.4 per cent, “feeling unsafe or threatened.”
The official journal of the Alliance for Academic Internal Medicine concurs. According to “The Moral Imperative of Countering Antisemitism in US Medicine – A Way Forward,” by Hedy S. Wald and Steven Roth, published in the October 2024 issue of the American Journal of Medicine, increased antisemitism in the United States has created a hostile learning and practice environment in medical settings. This includes instances of antisemitic behaviour and the use of antisemitic symbols at medical school commencements.
Examples of its impact upon medicine include medical students’ social media postings claiming that Jews wield disproportionate power, antisemitic slogans at the University of California, Los Angeles (UCLA) David Geffen School of Medicine, antisemitic graffiti at the University of California, San Francisco (UCSF) Cancer Centre, Jewish medical students’ exposure to demonization of Israel diatribes and rationalizing terrorism; and faculty, including a professor of medicine at UCSF, posting antisemitic tropes and derogatory comments about Jewish health care professionals. Jewish medical students’ fears of retribution, should they speak out, have been reported. “Our recent unpublished survey of Jewish physicians and trainees demonstrated a twofold increase from 40% to 88% for those who experienced antisemitism prior to vs after October 7,” they stated.
In some schools, Jewish faculty are speaking out. In February, the Jewish Faculty Resilience Group at UCLA accused the institution in an open letter of “ignoring” antisemitism at the School of Medicine, charging that its indifference to the matter “continues to encourage more antisemitism.” It added that discrimination at the medical school has caused demonstrable harm to Jewish students and faculty. Student clubs, it said, are denied recognition for arbitrary reasons; Jewish faculty whose ethnic backgrounds were previously unknown are purged from the payrolls upon being identified as Jews; and anyone who refuses to participate in anti-Zionist events is “intimidated” and pressured.
Given these findings, many American physicians are worried not only as Jewish doctors and professionals, but for Jewish patients who are more than ever concerned with whom they’re meeting. Can we really conceive of a future where you’re not sure if “the doctor will hate you now?”
Henry Srebrnik is a professor of political science at the University of Prince Edward Island.
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The 2025 Toronto Walk (and talk ) for Israel
By GERRY POSNER There are walks and then there are walks. The Toronto UJA Walk for Israel on May 25, 2025 was one of a kind, at least as far as Canada and Jews are concerned. The number of people present was estimated to be 56,000 people or 112,000 total shoes. (How they get to that number is bewildering to me, since there is no one counting). This was 6,000 more than last year. Whether it is true or not, take it from me, it was packed. The synagogues in Canada should be so fortunate to get those numbers in total on High Holidays. The picture here gives you a sense of the size of the crowd.
This was my first walk in Toronto for Israel and I was with my granddaughter, Samantha Pyzer (not to forget her two friends whom she managed to meet at the site, no small feat, even with iPhones as aids). The official proceedings began at 9:00 a.m. and the walk at 10:00 a.m. There was entertainment to begin with, also along the way, and at the finish as well. The finish line this year was the Prosserman Centre or the JCC as it often called. The walk itself was perhaps 4 kilometres – not very long, but the walking was slow, especially at the beginning. There were lots of strollers, even baby carriages, though I did not see any wheelchairs. All ages participated on this walk. I figured, based on what I could see on the faces of people all around me that, although I was not the oldest one on the walk, I bet I made the top 100 – more likely the top 20.
What was a highlight for me was the number of Winnipeggers I met, both past and present. Connecting with them seemed to be much like a fluke. No doubt, I missed la lot of them, but I saw, in no particular order (I could not recall the order if my life depended on it): Alta Sigesmund, (who was, a long time ago, my daughter Amira’s teacher), Marni Samphir, Karla Berbrayer and her husband Dr. Allan Kraut and family. Then, when Samantha and I made it to the end and sat down to eat, I struck up a conversation with a woman unknown to me and as we chatted, she confirmed her former Winnipeg status as a sister-in- law to David Devere, as in Betty Shwemer, the sister of Cecile Devere. I also chanced upon Terri Cherniack, only because I paused for a moment and she spotted me. As we closed in near the finish, I met ( hey were on their way back), Earl and Suzanne Golden and son Matthew, as well as Daniel Glazerman. That stop caused me to lose my granddaughter and her pals. Try finding them amid the noise and size of the crowd – but I pulled it off.
As I was in line to get food, I started chatting with a guy in the vicinity of my age. I dropped the Winnipeg link and the floodgates opened with “ Did I know Jack and Joanie Rusen?” So that was an interesting few minutes. And I was not too terribly surprised to come across some of my Pickleball family. All of these meetings, along with spotting some of my sister’s family and other cousins, were carried on with the sound of the shofar as we moved along the way. In short, this was a happening. Merchants selling a variety of products, many of them Israeli based, were in evidence and, of course, the day could not have ended without the laying of tefillin, aided by Chabad, who have perfected the procedure to take less than a minute. See the photo. Chabad had a willing audience.
Aside from the joy of sharing this experience with my granddaughter, the very presence of all these Jews gathered together for a common reason made this day very special to me. However, there was a downside to the day. The downside was that, as we began to walk back to our car there was no other way I could figure out how to return when the rains came and came. While we walked faster, we were impeded by pouring rain and puddles. But Samantha wanted to persevere, as did I. We made it, but were drenched. My runners are still drying out as I write this two days later.
What with being surrounded by 56,000 people, the noise, the slow walking, and the rain, I can still say the day was a real highlight for me – one of the better moments since our arrival in Toronto in 2012. As well as the photos we took along the way, I have the reminder of the day, courtesy of the UJA, as evidenced from the photo. It was not just the walk, but the talk that accompanied the walk that made it so worthwhile for me. I would do it again, minus the rain.