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The Yeshiva issue that won’t go away
A backroom deal to gut oversight of private schools – specifically to bail out yeshivas that fail to teach basic subjects, condemning tens of thousands of Hasidic students to illiteracy and choking off the chance to participate in broader society – is coming back to haunt its architects. New York’s Governor and the Legislature likely assumed they secured a political win that would quickly fade from public attention.
They were wrong.
The state was forced to justify its actions before a judge in a pair of hearings in April as part of a lawsuit challenging the rollback that was filed last September. As a longtime attorney, I can tell you that the language of small-minded politics translates poorly to the courtroom. The state’s lawyers were forced to advance arguments that legitimize educational denial and forced insularity. And in doing so, they mar our state’s tradition of protecting individual rights.
Renowned education attorney Michael Rebell was leading the suit on behalf of Hasidic and Haredi students who have been harmed by the dismantling of standards. The plaintiffs argue that the state abandoned its obligation to ensure all children receive a “sound basic education,” a constitutional floor for schooling recognized by the Court of Appeals.
To justify the evisceration of standards, the state claims our guarantee of a sound basic education does not apply to students of nonpublic schools. It strikes at the foundation of New York’s educational system, which was codified in the State Constitution’s Education Article through a Constitutional Convention more than 130 years ago.
The Article’s framers made their intention clear: to ensure all children are prepared for engagement in civic life, whether they attended a public or nonpublic school. As one delegate of the Convention avowed, “there can be found no man in this Convention who will say that there are children of the State that ought not to be educated.”
The principle is simple: While parents may choose religious or private education, the state still bears responsibility for ensuring all children receive the basic tools necessary to function as citizens. But to defend last year’s rollback, state lawyers argued that parents are “free to opt out” of public schools, even if the alternative schools deny students the tools to understand the world around them. The state’s position, taken to its logical conclusion, permits nonpublic schools to teach children anything, or nothing at all.
This becomes even more troubling as New York expands support for nonpublic education. Through its recent opt-in to the nonprofit scholarship tax credit program, New York will see billions more dollars in donations toward private school tuition. Establishing baseline standards for curriculum is essential for producing an informed citizenry — that becomes significantly more difficult when our tax system props up institutions without meaningful oversight.
The state’s arguments also undermine New York’s reputation as a national leader in protecting individual rights.
State officials have aggressively defended voting rights protections, reproductive freedom, and anti-discrimination laws against legal attack. As a rogue White House tramples upon our rights, our Governor, Legislature, and Attorney General have gone to great lengths to fortify our protections.
Yet in this case, the state was effectively arguing that tens of thousands of children can be carved out both from the guarantee of a right and the opportunity to participate in society. State lawyers even contended that students denied a basic education possess no actionable deprivation of liberty or property rights.
This is a glaring departure from the contentions our state makes for the preservation of individual liberties against violation from the government. How could we credibly argue, for example, that immigrants should be able to sue ICE agents over due process rights if students can’t sue the state over their constitutional guarantee to an education? It’s a slippery slope: Deny one group legal protection against harm from the state, and you imperil the sanctity of all those protections.
The lawsuit over last year’s budget deal is still ongoing. A decision may come down any time now, but certainly is likely before the end of the year. An appeal by the losing party is all but certain. That means New York’s lawyers may continue to be forced into defending arguments that sanction students’ educational deprivation and societal isolation, and, in the process, irreparably damage our status as a bulwark for individual liberty.
The political architects of this deal may have hoped the issue would quietly disappear. Instead, the consequences are only becoming harder to defend.
The post The Yeshiva issue that won’t go away appeared first on The Forward.
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Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog tasked Gadi Eisenkot on Sunday with forming Israel’s next government, giving him up to six weeks to assemble a coalition with a total of 61 seats out of 120 in Israel’s parliament, the Knesset.
If he fails to do so, then the president can give another Knesset member the opportunity; most likely this will be incumbent Prime Minister Benjamin Netanyahu. For his part, Netanyahu, has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government. But what are they exactly? And who, out of the other 11 parties, will be able to accept them and join his coalition?
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
The post Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government appeared first on The Forward.
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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3
Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.
Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”
The post Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3 appeared first on The Forward.
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Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog on Sunday formally tasked Gadi Eisenkot with forming the next government, nearly two weeks after the country held a national election and days after a majority of parliamentary factions said they would recommend Eisenkot as the next prime minister.
“Yashar Leader Gadi Eisenkot, I expect you to do everything in your power to establish a government that will serve the entire people, those who supported it and those who did not, and that will be a responsible and decent address for all sectors, faiths, ways of life, and worldviews,” Herzog said in a televised ceremony held at his residence in Jerusalem.
Eisenkot has up to six weeks to assemble a coalition, a step that typically includes at least 61 seats out of 120 in Israel’s parliament, the Knesset. If he fails to do so within that time, then the president can give another Knesset member the opportunity to form a government.
In his speech on Sunday, Eisenkot said that Israeli democracy was “at one of its most vulnerable moments.”
“The campaign to undermine the legitimacy of our democracy, together with the growing distrust in state institutions, fueled daily, has brought us to an extremely dangerous point,” he said, adding that continuing on this path Israel would reach the “point of no return.”
“The formal consultations held here, at the President’s Residence, have revealed a clear picture: an absolute majority of Knesset members, representing the Israeli public, support change and support me as prime minister,” he said.
Some 67 members of the Knesset recommended Eisenkot, a former IDF chief of staff, for prime minister during those consultations. Meanwhile, 46 members of Knesset recommended incumbent Prime Minister and Likud Leader, Benjamin Netanyahu. One faction, United Torah Judaism, with seven members of Knesset, refrained from recommending any candidate.
The consultations, Herzog said, “brought to the surface the disputes, the painful points, and of course, the multitude of voices within Israeli society and politics.”
He added that the differences “reminded us all that every citizen of Israel has an equal voice, from every side, every view, every way of life, and every faith.”
Eisenkot said he would work to bridge those divisions and attempt to form a national emergency government, even if it required “creative and unconventional political initiatives.”
For his part, Netanyahu has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.”
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government.
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
The post Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government appeared first on The Forward.
