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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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6 Jewish takeaways from the midterm elections
(JTA) — The sheer size and geographic scope of the Republican wipeout Tuesday makes it hard to read anything definitive into the results beyond a nationwide repudiation of President Donald Trump (and his candidate selections). But whether or not any other factors were at play in the GOP bloodbath, the fallout will have a range of reverberations. Here are 6 takeaways that point to what comes next.
1. A significantly weakened Donald Trump doesn’t bode well for Netanyahu
For Prime Minister Benjamin Netanyahu, Trump has been a longshot bet that keeps on paying off. It’s hard to overstate how significant Trump’s improbable wins in 2016 and 2024 were in bolstering Netanyahu’s domestic standing and giving him space to advance his regional agenda. Trump also served as a security blanket, leaving Netanyahu and his allies with a sense for many years that they need not worry too much about skyrocketing Democratic and international anger with Israel.
In fact, there was even a hope in Bibi world that The Donald’s support could save Netanyahu from political defeat at home (and, to be fair, his 11th-hour endorsement may have). Whether Netanyahu holds on or chief rival Gadi Eisenkot succeeds in replacing him, Israel is entering uncharted territory. There is little chance that the combination of a weakened Trump and an emboldened Democratic Congress produces similar levels of support for aggressive action against Iran and its proxies, and other policies that a wide spectrum of Israelis see as crucial to their security.
2. Jeffries and Schumer have a massive headache coming their way
With Tuesday night’s Democratic wave, Hakeem Jeffries is on track to become Speaker of the U.S. House of Representatives and Chuck Schumer will likely get a second shot as U.S. Senate Majority Leader. These New Yorkers have longstanding ties to the pro-Israel community and are among their party’s strongest Israel supporters – putting them at odds with the growing number of congressional Democrats who want their party to take a much harder line against Israel. It won’t be long before members in each caucus are demanding concrete action, including meaningful limits on U.S. military sales.
Both Democratic leaders have ratcheted up their criticism of Prime Minister Benjamin Netanyahu and his government in the wake of its war on Hamas in Gaza, but they have ultimately voted against various legislative attempts to punish Israel. This past April, Schumer was one of only seven Senate Democrats to vote against a pair of resolutions that together would have blocked the sale of D-9 bulldozers, widely used in military operations, and 1,000-pound bombs to Israel. In July, Jeffries voted against ending U.S. military aid to Israel, but the measure was supported by almost half of the Democratic caucus. As leaders of their respective chambers, Jeffries and Schumer will likely face immense pressure for more such votes and face much tougher scrutiny from the party base over continued support for Israel.
3. The impact of the anti-Israel vote was diluted
On the other hand, the massive Democratic victory dilutes the power of the anti-Israel lawmakers in Congress. Their numbers will grow, causing problems for party leaders trying to keep anti-Israel measures off the agenda. But they will remain a relatively small subset within a much larger Democratic majority that includes many moderates and Israel supporters.
Not only will anti-Israel members have less ability to hold Congress hostage, the overall issue of Israel loses some of its potency when the broader political winds indicate that all Democrats were boosted.
4. John Fetterman just lost his juice
Just as the sizable Democratic House majority makes Jeffries less dependent on anti-Israel lawmakers in his caucus, the next Senate Majority Leader won’t need to rely on Pennsylvania Sen. John Fetterman. For years, Fetterman has been driving fellow Democrats crazy with his cozying up to Republicans, with progressives especially upset over his die-hard support for Israel. Fetterman has even said that the one thing that could cause him to leave the Democratic Senate caucus would be his party turning decisively against Israel.
Had things broken differently, with Democrats grabbing a narrow 51-49 majority in the chamber, Fetterman’s influence would have been hypercharged. Now, not so much. The Democrats no longer need him to keep control of the chamber. So Schumer, should he regain the majority leader role, will have to worry much less about keeping the party’s top pro-Israel cheerleader happy. In 2028, he’ll be up for reelection and highly unlikely to survive the Democratic primary.
5. AIPAC has not found a formula for success
A few years back, the leading pro-Israel lobby decided the best way to counter the initial anti-Israel rumblings in Congress was to jump deep into the campaign fundraising business. Hundreds of millions of dollars later, the number of Israel critics in Congress – especially on the Democratic side of the aisle – has grown, with a fresh batch on the way. Moreover, in many races, anti-Israel candidates and AIPAC critics managed to turn the lobby’s backing into a liability.
Meanwhile, Trump’s seemingly impromptu announcement Tuesday that his administration would end aid to Israel after this year suggests that Republican backing for such support is dropping alongside Democrats’. And Tuesday’s results suggest AIPAC’s strong support for the U.S. and Israeli military strikes against Iran is out of step with the American public and many incoming lawmakers.
All of this indicates that AIPAC has yet to figure out how to manage the anti-Israel turn sweeping through American politics.
6. It was a great night for Jewish presidential hopefuls
U.S. Sen. Jon Ossoff says he isn’t running for president in 2028. But that won’t stop the speculation from skyrocketing after his impressive reelection in Georgia – Georgia?! – with nearly 60% of the vote. More importantly, he probably just grabbed frontrunner status in the race to become America’s first Jewish president. Pennsylvania Gov. Josh Shapiro also registered a similarly sized reelection victory in a state that Trump won just two years ago, but Ossoff – a fierce Trump antagonist and, increasingly, a critic of Israel’s military actions – cemented his rock star status among Democrats this cycle and has demonstrated an ability to bridge the gap between younger progressives and more traditional liberals.
Illinois Gov. JB Pritzker also cruised to reelection. Meanwhile in Michigan, moderate Elissa Slotkin – another senator and likely presidential hopeful (of course, which senator isn’t a presidential hopeful?) – may have at least propped open the door to some progressive support by campaigning hard for Abdul El-Sayed. All four have been highly critical of Netanyahu, with both Ossoff and Slotkin joining most of their fellow Democratic senators in voting in April for a curb on various weapons sales. Both senators have declined to label Israel’s actions in Gaza as genocide.
This article originally appeared on JTA.org.
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El-Sayed declares victory in Michigan Senate race that left many Jews uneasy
(JTA) — DETROIT – Democrat Abdul El-Sayed has declared victory in the hotly contested race for Michigan’s open U.S. Senate seat, capping a campaign that has prompted deep anxieties among Jews in the state and beyond.
With 88% of the ballots counted at around 2:27 a.m. ET, The Associated Press called the race for El-Sayed, who had 52% of the vote compared with 46% for his Republican rival, former U.S. Rep. Mike Rogers.”
In his acceptance speech, El-Sayed thanked supporters whom he said had welcomed him into “your homes, your churches, your synagogues.”
He also referenced his ardently pro-Palestinian views, saying, “They try to call you hateful if you believe that Palestinian kids should get to grow up in the land of their forefathers without being martyred by our tax dollars… We don’t want our money to be sent to do apartheid or genocidal war.”
During his victory speech, chants of “Free Palestine” were heard throughout the crowd. Mahmoud Khalil, the Palestinian Columbia University activist who was detained by the Trump administration, was in attendance.
The race had been viewed as crucial to Democrats’ hopes of retaking the chamber. But for many of Michigan’s estimated 105,000 Jewish voters, the campaign was defined instead by El-Sayed’s tumultuous relationship to the community.
That animosity extended beyond the Democrat’s fierce criticism of Israel to encompass his statements about attacks targeting the state’s Jewish community and his early campaigning with streamer Hasan Piker, who has made several controversial comments about Jewish voters.
His uncompromising stances on Israel have also made him a target among pro-Israel groups, including AIPAC, which has spent heavily against him in both the primary and general election. AIPAC’s rare entry into a general election race was in support of Rogers.
One of El-Sayed’s positions on Israel — to end all U.S. military aid — was once thought a far-left pipe dream. But that has changed. On Election Day morning, Trump announced that, under his watch, nearly $4 billion in annual U.S. military aid to Israel would wind down by the end of the year. Trump said Israeli Prime Minister Benjamin Netanyahu was in agreement with the need to end aid and deny Democratic critics a point of attack.
El-Sayed’s campaign has galvanized young voters and a range of other constituencies, and he pulled ahead in the polls in the race’s final stretch. But his questioning of Israel’s existence as a Jewish state and whether it or Iran posed a greater threat to the United States, as well as his prior associations with figures such as Hasan Piker, the streamer who has spread extreme rhetoric about American Jews, have sparked concern among Jewish Michiganders.
So, too, did comments the candidate made following the March terror attack on Temple Israel, a major synagogue in the state, in which El-Sayed appeared to link the attack to Israel’s war in Lebanon after reports that the attacker lost family in an Israeli strike. Hostile behavior from some of El-Sayed’s supporters toward pro-Israel Democrats, most prominently on display at the state party’s spring convention, has also alarmed Jews. El-Sayed has pledged to stand up to antisemitism.
Some Jews who had long considered themselves Democrats, including several local Jewish leaders, have cited such controversies in pledging to vote for Rogers. In some Michigan Jewish neighborhoods, yard signs proclaim that a vote for Rogers is a vote “against antisemitism.”
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Moskowitz wins Florida seat in race between two pro-Israel candidates
(JTA) — Democratic Rep. Jared Moskowitz beat Republican Scott Singer, the former mayor of Boca Raton, in a battle between two staunchly pro-Israel politicians in a redrawn district.
The redrawn district covers a stretch of Florida shoreline north of Miami and includes large Jewish communities in areas including Boca and Fort Lauderdale, and is seen as leaning slightly Democratic.
Moskowitz, who was endorsed by the lobbying group AIPAC, has touted himself as “the most pro-Israel Jewish Democrat in Congress.” Singer, meanwhile, was endorsed by President Donald Trump and the Republican Jewish Coalition.
Moskowitz has said there is an “ostracizing” associated with being staunchly pro-Israel in a Democratic Party that is increasingly including anti-Zionist voices. Singer seized on that sentiment, saying during a synagogue candidates’ forum that Moskowitz will be drowned out by the Democrats’ anti-Israel wing if he is reelected.
The candidates themselves have largely been aligned on the issue of Israel. Both have condemned accusations that Israel has committed genocide against Palestinians in Gaza. They each oppose any effort to condition or cut off U.S. military aid to Israel. Both supported Israel’s strikes on Iranian facilities in 2025, though Moskowitz has since called for the U.S. to end its war with Iran, whereas Singer said during a forum that the U.S. needs “to ensure victory here.”
Both candidates have also emphasized combating antisemitism in their campaigns, and say they would push to expand the Nonprofit Security Grant Program to increase funding for security at Jewish schools, synagogues and other institutions. They also are both in favor of codifying the International Holocaust Remembrance Alliance definition of antisemitism into federal law; critics say the definition wrongly lumps in some criticism of Israel.
In a campaign ad targeting antisemitism, Moskowitz pulled from the story of his family, some of whom — including his great-grandparents — were killed in Auschwitz during the Holocaust.
“In every generation, they rise against us,” Moskowitz said in the ad.
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