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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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Whatever you think of Ilhan Omar, these threats are unconscionable
The Trump administration is reportedly planning to build a case to strip Congresswoman Ilhan Omar (D-MN) of her citizenship and eventually deport her.
It is my hope that American Jews — even those who do not like Omar and can recite every questionable comment she has made over the past 15 years to illustrate why — will understand this as offensive and outrageous not only because they are Americans, but because they are Jews.
The Trump administration may claim that it is building a case against Omar due to paperwork (reports suggest that they are interested in whether her father listed her age as 17 on her citizenship application when she was really 18). It is similarly filing dozens of lawsuits attempting to denaturalize citizens by trying to prove they lied in the process of gaining citizenship. However, that this is happening now, ahead of the midterm elections against a sitting member of Congress, a high-profile progressive whom the president has said should “go back” to her country of origin, suggests that it is, to put it mildly, politically motivated.
Evidently, the Trump administration sees citizenship not as a right or a responsibility but as a reward, one that can be taken away if that is seen as useful to the president and his adherents. That use could be silencing political opposition or something as simple (and callous) as an opportunity to brag about the sheer number of attempted denaturalizations.
Jews, too, have found themselves on the wrong end of political denaturalization. I do not mean to compare the Trump administration to the Nazis, but the stubborn fact is that Jews were indeed stripped of their citizenship as part of a political project in Germany and elsewhere in Europe in the 1930s and 40s. And in the early 20th century in the United States, it was Jews who politicians claimed were incapable of assimilating, of ever really being a part of the United States. These arguments culminated in legislation that kept out Jews who could have found refuge here. The threat of denaturalization and the experience of perpetual otherness is a grievous part of modern Jewish history; we should be offended by its presence in our political present.
Jewish tradition as well as history encourages us to stand up to authority when that authority is wrong. Mordecai refuses to bow to Haman; Nathan yells at King David for sleeping with Bathsheba and having her husband killed; Moses famously urges Pharoah to change his oppressive ways. Even God is on the receiving end of pushback when Abraham pleads and negotiates to spare Sodom.
I do not think one needs to be Jewish to be outraged by the attempt to denaturalize Ilhan Omar. I think it is also bone-chilling as an American who believes we, including our elected officials, have the right to openly oppose our president, and I am worried as a person who thinks it would be good to continue to live in a democratic republic. And I am sure that there are Jews who will say that Omar deserves to lose her citizenship because she has said things about Israel they do not like.
But the Jewish lens through which I see this is that it is right to challenge power when it is abused, and it is wrong for the powerful to make a show of trying to cast their opponents out of the country.
The point is not whether Trump can make good on the threat to strip Omar of her citizenship and deport her, but that it is obscene to use denaturalization as punishment for being a high-profile political opponent in the first place. If he is trying to make it more dangerous to speak out while being from the “wrong” country, then the rest of us need to say that this is a fundamental misunderstanding of what it means to be an American citizen.
We should do this because we are Americans and we should do this because we are Jews. We should do this because of the ways in which our American and Jewish identities bleed into one another. And, we should do this because we may not know exactly whether it is as Americans or as Jews that we know we have to protect the right to speak truth to power, but we know we need to do it all the same.
The post Whatever you think of Ilhan Omar, these threats are unconscionable appeared first on The Forward.
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Germany couldn’t stop Hitler’s election tactics; can America stop Trump’s?
Herding political opponents into prisons and concentration camps, suspending civil liberties, and sending SA thugs to destroy newsrooms and beat up journalists were among the means used by Adolf Hitler to game Germany’s parliamentary election of March 5, 1933, won by the Nazis.
As much as Donald Trump might fantasize about deploying such brutal tactics to subvert our midterm elections, he hasn’t done so — yet. But his objective is the same: Detonate constitutional barriers standing in the way of his lust for power. “Cheat like hell,” Trump told the GOP’s midterm convention last month.
Historian Timothy Ryback has just published a book about the last gasps of the Weimar Republic, titled 53 Days: How Hitler Dismantled A Democracy. The 53 days begin when Hitler becomes chancellor on Jan. 30, 1933, and end with the Reichstag’s March 23 passage of the Enabling Act, which gave him absolute power.
For our own perilous time, there is another number to take note of: 652 — the number of days between Trump’s second inauguration and our Nov. 3 midterm elections.
Hitler’s long march to despotic power occurred over 3,422 days — from his failed Beer Hall Putsch on Nov. 8-9, 1923, up until passage of the Enabling Act.
After spending less than a year of a five-year sentence for the failed 1923 coup, Hitler returned to a Nazi party that was in utter disarray. But the Great Depression turned the Nazis’ fortunes around, as jobless and disaffected Germans flocked to Hitler with his promises to make Germany great again. In parliamentary elections in 1930, the number of Reichstag seats held by the Nazis rose dramatically from 12 to 107, and more than doubled that in elections in 1932, making them the largest party. After some backroom political wheeling and dealing, President Paul von Hindenburg offered the chancellorship to Hitler, which he accepted on Jan. 30, 1933.
Even though Hitler was chancellor, his coalition wasn’t dominated by Nazis. When the Reichstag went up in flames on Feb. 27, 1933, der Führer had the pretext he needed to begin dismantling the last remnants of democracy. The Nazis’ first targets were Communists. More than 4,000 were arrested in the initial hours after the fire. It didn’t take long for Social Democrats, trade unionists and Jews to also face raids, arrests, beatings and terror, as Hindenburg — at Hitler’s urging — issued a decree that suspended Germans’ civil liberties.
There was still a barrier standing in Hitler’s way: the Reichstag. But Hitler had a scheme for getting rid of it: calling for a new election and ultimately engineering a vote by the Reichstag to abolish itself.
In the days and nights before the national election, set for March 5, Nazis carried out a campaign of repression and menace across the country. Brandishing firearms, storm troopers ruled the streets. Homes of Hitler critics were raided. His campaign speeches were blasted from loudspeakers. Voters were offered rides to the polls in transports organized by the Nazis, an unsubtle hint at which party they should vote for.
In the election, the Nazis and their Nationalist allies won a majority of seats in the Reichstag but fell short of the two-thirds needed to amend the constitution. But Hitler had a workaround: Convene the Reichstag to vote on a measure that would allow him to declare laws without the approval of the federal legislative body. With Communist delegates of the Reichstag either in hiding or in custody, Hitler already had a structural advantage; they wouldn’t be there to vote. With the Reichstag building destroyed, the delegates convened on March 23 inside the Kroll Opera House, which swarmed with armed storm troopers and members of the SS who harassed and threatened delegates who were either on the fence about giving Hitler absolute power or were known to oppose it.
In the end, weeks and months of trying to tilt elections through terror and intimidation gave Hitler his ultimate prize: of 538 delegates in the Kroll Opera House, only 94 — all Social Democrats — voted against the Enabling Act. In effect, German democracy was steered by Hitler into committing suicide.
In an essay for Literary Hub, Timothy Ryback noted parallels between Hitler’s election victory on March 5, 1933 and our midterm elections and cataloged them.
They include Trump’s “brazen attempt to quash negative press coverage” and Hitler’s and Trump’s virtually identical pre-election low approval ratings. Both the Nazi leader and the American president had gone to court to try to have earlier election results overturned, and the German election, like our fast-approaching midterms, was seen as a referendum on the nation’s leader.
“Amidst all the turmoil, everyone understood that the March 5 election was a make-or-break moment not only for the Hitler chancellorship but for democracy itself,” Ryback wrote.
With the midterms just around the corner, this can be said about America as well.
Since Trump’s second inauguration on Jan. 20, 2025, he has thrown more effort into trying to rig the midterms for the Republicans than into virtually any other endeavor — other than perhaps misusing his powers to enrich himself and his family, and dreaming up monuments to himself.
Trump’s pardon of 1,500 insurrectionists who stormed the capitol on Jan. 6 was an early signal that the defeated president had no intention of playing fair during the 2026 midterms. What followed was a barrage of assaults on the election system. Here’s just a partial list: lawsuits demanding sensitive voter data, the gutting of oversight bodies, intimidation of election officials and orders for key GOP-led states to redraw their congressional districts — all designed to both undermine Americans’ trust in the election system and manufacture pretexts for contesting any midterm outcomes that displease him.
Amid these relentless attempts to subvert the midterms, the Democrats have had success at blocking some of Trump’s poisoned salvos, such as holding the line against the so-called SAVE America Act and fending off Trump’s attempts to seize voter information. But none of this deters Trump, who just comes back with more schemes. The latest revelations come from documents obtained by Democracy Forward, a legal advocacy organization.
Those documents show that “U.S. Immigration and Customs Enforcement (ICE) collected tens of millions of voter records, explored undercover investigations against voter registration groups and considered feeding state election data into a system used to locate people for deportation as part of a sweeping federal effort to find alleged voter fraud ahead of the 2026 midterms,” according to Democracy Docket, which reviewed the documents.
“This is an absolute smoking gun,” said Democracy Docket founder Marc Elias.
Trump has openly suggested a federal takeover of election administration, and during the past several months it seems like he’s been laying the groundwork for that to happen if he doesn’t get the results he wants on Nov. 3. It’s all too easy to imagine horror scenarios: Trump claims massive voter fraud, his supporters storm county election offices in protest, the FBI seizes ballots and voting machines, unrest erupts across the country, Trump declares martial law.
If Trump’s schemes trigger the kind of disorder he appears to be preparing for, the question will be whether our courts, our press, our civil servants and our voters stand firm. Germany’s institutions bent until they broke. Ours have bent, but they have not yet snapped. What happens next will reveal whether they still possess the steel that Germany’s lacked.
The post Germany couldn’t stop Hitler’s election tactics; can America stop Trump’s? appeared first on The Forward.
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Sally Rooney’s publisher stops selling her books in Britain, citing ban on pro-Palestinian group she backs
(JTA) — Sally Rooney’s publisher says it will stop supplying her books in the United Kingdom because current legislation prevents it from passing her earnings on to her.
The best-selling Irish writer, whose work includes the novel “Normal People,” which was adapted into a hit BBC drama, has long been a vocal supporter of the Palestinian cause.
Faber said it would no longer supply her books in the United Kingdom because of her backing for Palestine Action, a group that the British government last year proscribed as a terrorist organization, saying it had “orchestrated a nationwide campaign of direct criminal action against businesses and institutions.”
“Current legislation in the UK has led to circumstances where Faber cannot pass on UK earnings to Sally Rooney for her work,” the publisher said.
“To sell a writer’s work and not be able to pass on earnings is an unconscionable situation for a publisher,” it said. “As such, and in full agreement with Sally, we have taken the decision that we can no longer supply her works in the UK in any format. We remain the proud publisher of her remarkable body of work, which we will continue to sell in other territories.”
Faber had no further comment, the statement said.
Yvette Cooper, then the Home Secretary, banned Palestine Action last year following an attack by the group on the Royal Air Force base at Brize Norton which caused millions of pounds of damage. It had previously targeted businesses and premises which it said were linked to Israeli defence companies.
Soon after the announcement, Rooney wrote an opinion piece in the Irish Times in which she doubled down on her support for Palestine Action, adding that she would give the proceeds of her books to back the group. “If this makes me a ‘supporter of terror’ under British law, so be it,” she wrote.
In a statement following the action announced by Faber, Rooney cited her Irish Times opinion piece as she explained that the publication of her books “could now constitute a serious criminal offence.”
The ban of Palestine Action has proven to be highly contentious in Britain. Back in February, the group’s co-founder Huda Ammori challenged the move in the High Court, with Rooney providing a supportive witness statement. She said at the time that she was “almost certain” her work would be dropped in Britain if the ban persisted.
The court ruled in Ammori’s favor, but that decision was overturned by the Court of Appeal in June. The Supreme Court is due to hear an appeal next month.
Rooney said on Wednesday: “After a process of consultation and deliberation, and with my full agreement, my publisher Faber has therefore determined that it can no longer supply my work within the UK.
“I have made every effort to be honest with the public about my beliefs and intentions, and I am wholly prepared to accept the consequences.”
Rooney’s support for the Palestinian cause predates the attack by Hamas on Oct. 7, 2023, and the subsequent war in Gaza. In 2021 she declined to sell Hebrew translation rights for her novel “Beautiful World, Where Are You?” to the Israeli publisher that had previously released her books in Hebrew.
At the time, she said she supported the BDS movement and would not work with an Israeli publisher unless it is willing to “publicly distance itself from apartheid and support the U.N.-stipulated rights of the Palestinian people.”
That move prompted backlash in Israel and beyond, including calls to boycott Rooney’s work. Israeli bookstore chains reportedly removed some of her books from shelves.
However, earlier this year she agreed to have her latest novel, “Intermezzo,” published by an Israeli publisher approved by boycott activists.
This article originally appeared on JTA.org.
The post Sally Rooney’s publisher stops selling her books in Britain, citing ban on pro-Palestinian group she backs appeared first on The Forward.
