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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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Some named names, some didn’t, but it’s not just a story of good guys and bad guys
It was written in 1972 and takes place between 1947 and 1959. It consists of testimony given before the infamous House Committee on Un-American Activities, which damaged or destroyed the lives of many people in the entertainment world during the Communist scare and the blacklisting of the 1940s and 50s. But for its Tony-winning director, Anna D. Shapiro, Are You Now, Or Have You Ever Been, a docudrama that is being revived at New York City Center, is relevant today — in more ways than one.
“I think that everybody will enter this play from a different perspective, because it’s in conversation with things that we’re dealing with as a country right now,” Shapiro told me over the phone. “For instance, my producer, Jeffrey Richards, who is of a certain generation, for him, it’s just deeply about freedom of expression. He has spent his whole life making art, championing artists, and the idea that he feels like we’re moving towards, which we clearly are, is a more fascist behavior around freedom of expression. He wants to remind people how dangerous some of these moves from the current administration are.”
“But I’m just a little bit younger than Jeffrey,” Shapiro, 60, continued. “I did the play when I was in college. So I was probably 22, 23, actually, just finishing college. And it was very clear then, right? It was about good guys and bad guys, and it was very easy to demonize the people who named names and champion the people who were brave enough not to name names. And now, as I’m older, I realize there’s a lot more complexity when the entire system is coming after you in a way that makes you feel like your entire livelihood is threatened. So on one level, it’s one thing for Arthur Miller not to name names. It was Arthur Miller. They weren’t going to be able to destroy Arthur Miller. But it’s another thing for an actor whose career is fading and who doesn’t have any control over his destiny to be kind of pushed into naming names. And I think that that’s what interests me, which is how difficult it becomes to be good in America, how difficult that is becoming, how terrifying and terrorizing the current administration is.”
The play, by Eric Bentley, highlights testimony by some of those — Jerome Robbins, Elia Kazan, Larry Parks, Abe Burrows — who named names of Communist Party associates and some of those who didn’t, such as Arthur Miller, Paul Robeson, Lillian Hellman, Lionel Stander. It features a rotating cast that includes Steven Pasquale, Molly Ringwald, Santino Fontana and Bob Odenkirk.
Bentley, who died in 2020 at age 103, taught dramatic literature at Columbia University during the 1950’s and 60s. He was a champion and translator of the German playwright Bertolt Brecht. Shapiro won her Tony for Tracy Letts’ August: Osage County and is a former artistic director of the famed Steppenwolf Theatre Company in Chicago. Most recently on Broadway she directed the Tony-winning revival of Eureka Day.
‘Of course they were antisemitic’
Six of the Hollywood Ten screenwriters and directors who were blacklisted and sent to prison for their refusals to testify were Jews. In the Bentley play, Miller, Robbins, Hellman, Stander and Burrows are Jewish.
As the play records, one key committee member, John E. Rankin of Mississippi, a known racist who was called out for his antisemitism, insisted on reading out the birth names of actors who he presumed to be Jewish, such as June Havoc (June Hovick), Danny Kaye (David Daniel Kaminsky), Eddie Cantor (Edward Iskowitz), Edward G. Robinson (Emanuel Goldenberg) and Melvyn Douglas (Melvyn Hesselberg).
“Of course they were antisemitic,” Shapiro said. “One of the things that they went out of their way to point out was how many of the actors and directors in Hollywood had changed their names and that their original names were so clearly Jewish. For them, this exposed a kind of nefariousness. They assumed a nefarious intent, as opposed to being what it really was, which was a way for Jews to defend themselves and keep themselves safe from antisemitism by changing their names, to be able to be in the public eye in a way that was less dangerous for them.”
The committee, she said, “twisted that and said, see, all these people, all of these people in Hollywood, are pretending not to be Jews, but they are, and they’re the problem.”
Actually, though, she said, “when you really look at what being a quote-unquote Communist was in this time, for the most part, these were essentially Democratic socialists. They were people who had gotten a little lucky, were making a little money. Many of them for the first time in their families. And they wanted to help the underdog. They wanted to look at what was corrupt in the system and make things better for people. They weren’t ‘burn the system down.’ They weren’t those people.”
Many Jews were victims of blacklisting, but many top executives in Hollywood who perpetrated or supported blacklisting were themselves Jewish. One reason, of course, was fear of the committee and other anti-Communist zealots like Wisconsin Senator Joseph R. McCarthy. But there was another.
“I think that’s our complex history, isn’t it?” Shapiro said. “And we’re in a complex moment as Jewish people. We have been in such a conversation with our existential threats. And what we think of as the solution to that very, very real historic and current threat. And what I appreciate about you bringing that up is that Jews are not a monolith. Right now, that’s happening again, right? I disagree actively with my older brother, right? Now, what we don’t disagree with each other about is that we’re Jews.”
Making an impact
Although Shapiro says her family were not practicing Jews, she said she is very conscious of her Jewish heritage. “My mother didn’t practice primarily because she was a Marxist and she didn’t believe in God. And also, quite frankly, she was raised in a very conservative Jewish household. And the sexism of her day, of when they were in shul, the women were upstairs. Every Friday night, her grandmother would cook everything and eat in the kitchen. So she saw a lot of the sexism. And that really made her walk away from her Judaism. But with both of my parents, whenever Judaism was being attacked or somebody wanted to take it away from them, they would fight for it.”
“What I’ve realized, Shapiro went on to say, “is how without practicing, without going to shul, without even celebrating Passover, my Judaism is in my body, and it informs decisions I make. I think it’s the reason that I’ve done so much work around equity and systemic racism and systemic sexism. I think I essentially understand that part of my task is to seek justice, and to make an impact in the world.”
So what impact would she like the play to make on audiences?
“I always say that I direct plays really for one reason, and that is to make the audience’s world bigger. And that really only happens two ways, right? You go into a theater and you either see something familiar and you go, wow, there’s other people like me, or you go into the theater and you see something so different from your own experience and you think, my God, the world is so much bigger than I know. In this play, based on the way that you calibrate the performances, you can either make a very black and white statement, or you can make more nuanced and ambiguous statements.”
She agrees with the philosophy, she said, that every society’s survival is based on its ability to embrace ambiguity.
“And where we are right now — and I’m not even talking about on the right, because I don’t have anything to say about the right. They’re very confusing to me. So I can only speak to the people with whom I share essential beliefs. I think that we are not talking to one another well. I think we are looking at black and white and good and evil, and it’s way more complex than that. So I hope people come away going, wow, I really thought it was just going to be like the good guys who didn’t name names and the bad guys who named names.”
‘Are You Now Or Have You Ever Been’ runs through Sept. 11 at City Center in New York.
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Israel dominates debate as Rep. Dan Goldman defends seat in referendum on Zionism
American support for Israel and the ongoing Israeli-Palestinian conflict emerged as a central point of contention during the first televised Democratic primary debate between Rep. Dan Goldman and former New York City Comptroller Brad Lander on Tuesday night.
Lander, who identifies as a liberal Zionist, is challenging Goldman with the support of Mayor Zohran Mamdani, in a campaign that has gone after Goldman as allegedly out of step with Democratic voters who seek change in Israel.
Recent events in and near the 10th Congressional District, in Brooklyn and lower Manhattan, provided plenty of fodder. The Celebrate Israel parade, the vote by members of the Park Slope Food Coop to boycott Israeli products, military assistance for Israel and investments in Israel bonds made up the first 15 minutes of the one-hour debate, hosted by Spectrum News NY1.
The exchange highlighted growing divisions within the Democratic Party over Israel and the war in Gaza.
“With all due respect, we’re now 10 minutes into this, and we’ve only spoken about Israel,” Goldman, a two-term incumbent, complained. “Israel is not the most important issue in this district.” The district voted heavily for Mamdani, an outspoken critic of Israel. Jewish voters make up an estimated 20% of the electorate.
“This is one of the significant moral and humanity challenges of our time, and our representative failed,” Lander pushed back, citing Goldman’s support for U.S. aid to Israel and refusal to call the war in Gaza a genocide. In his opening remarks, Lander criticized Goldman for accepting donations from AIPAC, the U.S. campaign fundraising group allied with the Israeli government.
The Goldman-Lander contest is expected to serve as an early test of Mamdani’s political influence following his upset victory in the mayoral race. Mamdani and Lander cross-endorsed each other in the mayoral race, and Mamdani made his endorsement of Lander for Congress along with democratic socialists in two other congressional primaries. Recent polling has shown Goldman trailing Lander.
Both candidates, who describe themselves as liberal Zionists, drew sharp contrasts over their approach to the conflict in the Middle East and the movement to boycott Israel.
Lander defended his decision not to march this year the annual Israel parade by pointing to the participation of Israeli Finance Minister Bezalel Smotrich, a far-right member of Prime Minister Benjamin Netanyahu’s governing coalition who has made past controversial statements, including advocating for the displacement of Palestinians. “We shouldn’t be marching with war criminals,” Lander said.
However, Lander announced he would not attend the parade before it was publicly known that Smotrich would participate in the event, and shortly after Mamdani announced that he too would skip. Smotrich’s appearance drew little attention during the march itself. The Israeli minister joined the march at East 63rd Street along the route and walked primarily with a delegation of Knesset members. His participation sparked backlash afterward, with prominent Democrats condemning his appearance and critics of Israel excoriating Democratic elected officials who marched along the same route.
In an interview on Monday, Mamdani said he’s “offended” by the participation of Smotrich, saying he represents “a vision of annihilation, a complicity in genocide, and frankly a belief that does not have much value for even the sanctity of children in Gaza.”
Goldman defended his march. “I was unaware” of Smotrich joining the parade, he said. “And I am incredibly disappointed that that occurred.”
Israel appeared again in the cross-examination period, with Goldman asking Lander to explain why he left the Democratic Socialists of America after Oct. 7, 2023 — with Lander citing a “heinous” rally DSA promoted on Oct. 8 cheering on the attacks.
In the debate Lander emphasized his support for Israel as a Jewish state that is also one where Palestinian rights thrive.
In remarks on Sunday, ahead of the parade, Goldman spoke about the stakes of the race in an appeal to Jewish voters. “It’s a difficult time for many of us, but what we need is more than anything is moral clarity,” Goldman said at the Met Council annual legislative breakfast. “We need to stand for what we believe in, and I will do that right through the tape with the support of many of you.”
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Canada ‘is failing Jewish Canadians,’ prime minister says as he unveils effort to address antisemitism
(JTA) — Canada’s prime minister Mark Carney announced on Monday a new government body to combat racism, saying its first priority would be tackling antisemitism.
Carney addressed Canada’s surge in antisemitic hate crimes during a speech at Holy Blossom Synagogue, Toronto’s oldest Jewish congregation. He said the government had to “start with clearly admitting that Canada’s civic compact is failing Jewish Canadians.”
Carney referenced the wave of attacks on Canadian Jews since Oct. 7, 2023, including bullets fired at synagogues and Jewish schools and attacks on Jewish businesses, community centers and Holocaust memorials.
Over two-thirds of the country’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, he said.
Carney said the government was responding by launching the Ministerial Advisory Council on Rights, Equality, and Inclusion, with the mission of advising Canada’s government on combating all forms of hate.
“I am directing that the first responsibility of that council is to address antisemitism,” he said.
The council will be chaired by the Minister of Canadian Identity and Culture, Marc Miller. Carney also announced that Marc Gold, a lawyer and Jewish community leader who retired last year from the Senate of Canada, will join the council.
Carney said the council will be tasked with reassessing the nature, scale and drivers of antisemitism, developing a whole-of-government approach to align federal policies and public safety programs, improving the collection of data on hate incidents, and measuring the impact of government efforts.
Several Jewish organizations are likely to be disappointed that Carney’s announcement did not include more sweeping enforcement measures against antisemitism.
Rich Robertson, the director of research and advocacy at B’nai Brith Canada, said the speech was a “missed opportunity.” The organization was advocating for a task force that could respond immediately to antisemitic incidents and a commission of inquiry to identify their root causes, he said.
“We were hoping for true tactical changes that could positively be actioned to change the lived experience of Jewish Canadians, and unfortunately, that is not what we received today,” Robertson told the Jewish Telegraphic Agency.
Pressures on Carney were mounting ahead of the speech. The Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada, pushed for him to strengthen law enforcement.
“Government and law enforcement must address the drivers of this crisis, including radicalization, promotion of terrorism, and terrorist entities operating here in Canada,” CIJA said in a statement shortly before Carney’s address.
The group added, “The Prime Minister has an opportunity to set the tone from the highest office to make clear that nothing can justify the hatred, intimidation, and violence Jewish Canadians are experiencing and that every tool at the government’s disposal will be used to confront it.”
Carney’s messages about Israel, Gaza and antisemitism have divided Jewish voters. In September, he led Canada to officially recognizing a Palestinian state. He said in October that he would fulfill the commitment of his predecessor, Justin Trudeau, to arrest Israeli Prime Minister Benjamin Netanyahu if he visited Canada. (The International Criminal Court issued an arrest warrant against Netanyahu for alleged war crimes and crimes against humanity in Gaza in 2024.) Last week, he spoke with Israeli President Isaac Herzog about the experiences of Canadians detained after trying to sail to bring aid to Gaza.
But Carney, the leader of Israel’s Liberal Party, has also introduced public safety legislation supported by national Jewish organizations, including CIJA and B’nai Brith Canada. Most significant among them is Bill C-9, which would strengthen Canada’s criminal code by creating new offenses for intimidation and obstruction at houses of worship, schools and community centers used by religious groups.
That bill has also faced backlash from free speech advocates, including both Jewish conservatives and progressives. Pro-Palestinian Jewish groups say that it would wrongly criminalize protesting against events like real estate sales for Israeli settlements in the West Bank if they take place in synagogues.
Carney appeared to acknowledge those criticisms in his announcement of the new ministerial council.
“I want to be clear about what these measures are and what they are not,” he said. “They are not curtailments of freedom of expression. They are not constraints on legitimate criticism of any government on any subject anywhere. But they are the basic standards we owe one another in our shared public institutions.”
This article originally appeared on JTA.org.
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