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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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Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped
(JTA) —
All of Ed Sheeran’s opening acts and his backing band have withdrawn from his Loop Tour after the pro-Palestinian rapper Macklemore was dropped as an opening act amid pressure from Robert Kraft and other stadium owners.
Kraft, the Jewish and pro-Israel billionaire who owns the Boston-area stadium where one of the tour stops had been scheduled, said on Monday that he had told Sheeran’s team that Macklemore wouldn’t be allowed to perform there.
Macklemore was subsequently dropped from the tour following pushback from unnamed venues that “will not allow a concert to take place with Macklemore on the lineup,” Rolling Stone reported on Monday.
At a Macklemore performance at MetLife Stadium in East Rutherford, N.J., earlier this month, the rapper declared “Free Palestine” before performing his 2024 song, “Hind’s Hall,” referring to Columbia University’s Hamilton Hall. Pro-Palestinian protesters occupied the building and unofficially renamed it for Hind Rajab, a 6-year-old Palestinian girl who was killed during the war in Gaza. Israel is investigating her killing.
Sheeran said Tuesday that he wasn’t behind the tour promoter’s decision to drop Macklemore.
“I am not complicit,” Sheeran wrote in a statement on Instagram Tuesday, saying that Macklemore leaving the tour “was the promoter’s decision, it was not mine.” It was Sheeran’s first public statement on the controversy.
Hours after Sheeran’s comments, acts began pulling out of the tour.
His backing band, Beoga, said in an Instagram post that it was leaving the tour “following the silencing of Macklemore by zionist lobbies.”
“We believe in dialogue as a means of progressing the plight of the Palestinian people,” they added. Beoga’s management did not immediately respond to requests for further comment.
Kraft’s decision to bar Macklemore from performing at Gillette Stadium in Foxboro, Mass. got the backing of the Jewish Community Relations Council of Greater Boston.
“Mr. Kraft drew a clear moral line in the sand about the demonization and offensive conduct that he will not allow in ‘his home’,” Jeremy Burton, the JCRC CEO, said, referring to the stadium. “He also showed leadership and complexity … by rejecting those who would diminish the suffering of innocent Palestine people.”
“This decision is not about diminishing the suffering of innocent Palestinians or denying anyone the right to advocate on their behalf,” Kraft had said in his statement. “Their pain and loss are real.”
Other acts scheduled to support Sheeran on the Loop tour, including Aaron Rowe, Finneas and Lukas Graham, also withdrew Tuesday. Rowe and Lukas Graham were supposed to replace Macklemore on the remaining U.S. dates, AP reported.
It’s not yet clear what the fate of the tour is, given the withdrawal of his backing band. At least one Israeli musician joked that he was ready to put together a replacement band for “unlimited beer.”
Sheeran’s own note added, “I am appalled by the conflict between Israel and Palestine.” The British singer-songwriter wrote that he had been “involved in direct talks” between Kraft and various promoters “to try and find a mutual resolution for all.”
Sheeran didn’t mention Jews in his statement, but noted, “I have always used my platform and music to bring people from all backgrounds and cultures together and this won’t ever change.”
He also had some veiled criticism of his tourmate’s methods. “Those who come to my shows do not expect a political forum,” Sheeran wrote. “I respect Macklemore’s strength of purpose to stand up for what he believes. However, there is room for multiple approaches to the same end: peace… If we only focus on shouting the loudest, nothing will ever change.”
The Israeli-American Council, which organized a boycott against Macklemore following his New Jersey show, criticized Sheeran in a statement to the Jewish Telegraphic Agency.
“It’s time to take responsibility for giving a stage to antisemitic messaging,” the IAC said, of Sheeran. “This isn’t just ‘criticism of Israel.’ It’s a message that crosses the line between legitimate political criticism and antisemitism. This is Ed Sheeran’s stage, it’s the tour that carries his name — and so the responsibility for what happens on it is his too.”
The post Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped appeared first on The Forward.
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Vance: Trump willing to ‘part ways’ with Netanyahu when necessary, and has often opposed him
(JTA) —
President Donald Trump has an unprecedented track record of opposing Israeli Prime Minister Benjamin Netanyahu when it comes to advancing the interest of the American people, Vice President JD Vance said during a virtual address Tuesday at a Los Angeles-based technology summit.
More than any president in the last 40 years Trump “has shown a willingness to actually part ways with ‘Bibi’ Netanyahu when he feels like the interests of the American people are different from the interests of the government of Israel,” Vance told the All-In Summit on technology.
The claim that Trump is the “one president” who would differ with Netanyahu is one that would surprise many watchers of the U.S.-Israel relationship.
The most significant U.S.-Israel rupture since 2009, when Netanyahu was first elected prime minister, was with President Barack Obama in 2015 over Obama’s nuclear deal with Iran.
Vance’s comments were the latest in a series he has made emphasizing the widening gulf between Jerusalem and Washington as November midterm elections approach and at a time when Netanyahu’s popularity in the United States is at a low after three years of Middle East wars.
A Pew poll from the end of March, when the United States was actively at war with Iran, found that 60% of U.S. adults unfavorably view Israel and that 59% lacked confidence in Netanyahu’s handling of world affairs, an increase of 7% in both categories.
Republicans are scrambling to shuck off unpopular policies and associations, fearing the party will lose control of Congress in the midterms, a result that would cripple Trump’s agenda in the final two years of his presidency.
“I find it a little ironic … that you have Democrats criticizing Donald Trump for his relationship with Bibi when Donald Trump is the one president of the last 40 years who’s been willing to say, you know what, yeah, Bibi is a good partner, but also Bibi and I have a different opinion on this, or Bibi’s wrong about this, or maybe Bibi’s right about this from the perspective of Israel. But the American people need us to go in a different direction,” Vance said.
Trump has often touted himself as the president who has done the most for Israel, including relocating his country’s embassy to Jerusalem and rupturing Obama’s Iran deal, during his first term in 2018 and securing the release of the Gaza hostages in 2025 during his second, nonconsecutive term. The war he and Netanyahu launched against Iran in February is the first ever joint U.S.-Israeli military action.
The friendship between the two leaders is a highly public one, with Netanyahu enjoying more White House visits than any other world leader. Each has made the close ties central to their electoral campaigns. Netanyahu pitches himself as the world leader most influential with Trump, while Trump’s evangelical base lauds his closeness with Israel.
Vance, however, has often taken a harsher line, including accusing Israel of trying to manipulate U.S. public opinion on the Iran war.
“Israel has been an important partner when it comes to military technology, when it comes to intelligence sharing, but also sometimes the United States doesn’t always agree with Israel,” Vance said on Tuesday.
Serious differences have emerged since the joint U.S.-Israel goals in the Iran war – to change the regime and end once and for all Iran’s potential to acquire a nuclear weapon – have foundered. Among these has been the U.S. decision to end the Iran war without a clear plan to block the Islamic Republic’s path to nuclear weapons and its agreement to enter into a civilian nuclear deal with Saudi Arabia, without insisting on a normalization deal with the Jewish state.
“We cannot let our Middle Eastern foreign policy be subservient to the state of Israel,” Vance told the All In Summit.
Vance has also ruffled American Jewish feathers by refusing to disavow media personality Tucker Carlson, who has promoted conspiracy theories about Israel and Jews.
Vance’s remarks rankled pro-Israel figures who have otherwise been supportive of Trump’s policies.
“American foreign policy should be subservient to no country,” Jonathan Schanzer, the executive director of the Foundation for the Defense of Democracies, an influential think tank that backed the Iran war, wrote on X. “Why does the VP feel compelled to call out Israel in this respect? Why not call out the Qataris, or the Saudis, or Ukraine? Odd how this keeps happening.”
Heather Johnston, a Christian evangelical who founded the U.S. Israel Education Association, accused Vance on X of catering to Israel haters.
“Our U.S. foreign policy has never been subservient to Israel’s foreign policy,” she said, attaching a clip of Vance’s remarks. “He knows that. Why would he need to say that unless he’s trying to politically gain some points with Israel haters?”
The accusation hit a nerve. Vance’s communications director Taylor Van Kirk quoted Johnston’s tweet, and posted the entire exchange on X. “Let’s all take a moment to actually watch this exchange in full, where the VP was specifically asked about Israel,” Van Kirk said.
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LA Federation sues museum for custody of looted paintings once hoarded by Hermann Göring
(JTA) — The Jewish Federation of Los Angeles and the heirs to a Jewish artist filed suit against a California museum to recover a pair of 16th-century oil paintings seized by the Nazis and held in the private collection of Hermann Göring.
Also on Monday, the daughters of Holocaust survivor Dina Gottliebova Babbitt sued the Auschwitz-Birkenau Museum to recover watercolors of Roma victims she was forced to paint for Josef Mengele, the physician who tormented and experimented on inmates at Auschwitz. The artist died in 2009.
The two lawsuits were filed at the end of the filing window under a 2024 California law that permits claimants in previously dismissed lawsuits to refile for the retrieval of looted artworks. The law permits claimants to recover personal property stolen as the result of “political persecution” when earlier lawsuits were dismissed on procedural grounds.
The federation is suing the Norton Simon Museum in Pasadena for the retrieval of a life-sized oil diptych of Adam and Eve by the German painter Lucas Cranach the Elder. In 1940, the Nazis seized the pair of paintings from their Jewish owner, the art dealer Jacques Goudstikker. The art wound up in the hands of Göring, the Nazi air force commander and convicted war criminal, along with about 800 other pieces from Goudstikker’s collection. The paintings eventually made their way to the Norton Simon in 1971.
In a press release, the Jewish federation said it would use the majority of the proceeds from the sale of the art to care for Los Angeles-based Holocaust survivors living in poverty. (A 2018 study from the Jewish Federations of North America found that one-third of Holocaust survivors in the United States are living below the poverty line.)
“By pursuing the recovery of the Cranachs, we are seeking to reverse a great injustice perpetrated by the Nazi theft of a Jewish family’s property, and securing the resources that will enable us to provide for the many needs of thousands of impoverished Holocaust survivors in the greater Los Angeles area so they can live in dignity for the remainder of their lives,” Rabbi Noah Farkas, president and CEO of the Los Angeles federation, said in a statement.
Goudstikker’s daughter-in-law, Marei von Saher, first sued the Norton Simon Museum in 2007, claiming the paintings belonged to her family. A 2018 ruling determined on procedural grounds that they belong to the museum.
In addition to the 2024 California law, Congress passed a law earlier this year that eliminated “state doctrine,” the principle that acts committed by foreign countries within their territory are immune from lawsuits, strengthening the cases for the heirs of Goudstikker and Babbitt.
Dina Babbitt in 2006, at work on a recreation of the “Snow White” mural that she painted in the children’s barracks at Auschwitz. Her family is seeking the recovery of the portraits she drew of Roma inmates at the concentration camp. (Lawrence Stern for The David S. Wyman Institute for Holocaust Studies)
Also in 2024, 21 countries agreed to updated guidelines for restituting Nazi-looted art, which specifies that works sold to the Nazis under duress are also considered looted or stolen property.
“I am grateful to the Jewish Federation Los Angeles and its Chairman Daniel Gryczman for taking up this cause and pursuing the recovery of Adam and Eve by Lucas Cranach the Elder,” von Saher said in a statement shared with the Jewish Telegraphic Agency. “This effort represents a meaningful step toward justice for Holocaust survivors and victims of Nazi era atrocities.”
Jewish federations rarely file lawsuits as the plaintiffs in a Nazi-looted art restitution case. The San Diego Jewish Federation was a co-plaintiff in a lawsuit in 2015.
JTA has reached out to the attorneys for the Jewish federation for comment.
The Pasadena museum held onto the Cranachs even as other works that had been looted from Goudstikker’s collection were restituted by the Dutch government in the decades since their seizure.
“After decades of litigation, court after court including the United States Supreme Court ha confirmed that the Norton Simon Art Foundation has proper title to Adam and Eve by Lucas Cranach the Elder,” a spokesperson for the Norton Simon Museum told JTA in a statement. “We will continue to make these important artworks accessible to the public, as we have since 1971.”
The spokesperson said the museum is reviewing the complaint, and referred to a 2016 court decision that placed the artworks in their possession.
Goudstikker first acquired the paintings at a 1931 Berlin auction hosted by the Soviet authorities, which also included many works previously owned by the Russian Stroganoff family. In 1940, after Jacques Goudstikker’s death, his collection was sold to the Nazis under duress — but no cash ever came to his family.
In the Norton Simon Museum’s online catalogue, provenance cards for the works say they were “[s]aid to have been in the Stroganoff Collection” and describe the transfer from Goudstikker to Göring as “appropriated 1940.”
The quest to restitute Goudstikker’s artwork began in 1946, when his wife Désiree, an opera singer, filed a claim in the Netherlands that was initially rebuffed. Though she was able to retrieve one painting just a few years later, all of the pieces that had been seized by Göring were kept in the Dutch national collections. In later years, more than 200 artworks were returned to von Saher’s possession.
But in 1961, George Stroganoff-Scherbatoff, a descendant of the aristocratic family whose works were sold en masse along with the Cranachs, claimed the diptych from the Dutch government. He later sold the works to the Norton Simon Museum for $800,000.
In the case of the Gottliebova drawings, a spokesperson from the Auschwitz-Birkenau Museum told JTA that the memorial was their appropriate home. “The drawings of Roma victims made in the camp must remain in the Memorial as part of the documentation of the crimes of Mengele,” the spokesperson for the state-run museum said.
“We fully understand the emotional approach of Dina Gottliebova’s family,” said the spokesperson, but “we express the deep conviction that the watercolors should remain at the Memorial.”
“The portraits of Roma victims are the few remaining fragments of the documentation made by Mengele as part of his criminal experiments,” the spokesperson continued. “Therefore, they should be treated as unique documents related to the history of Auschwitz.”
Earlier this month, an Argentine court ordered the restitution to van Saher of a looted painting, after the painting was spotted on a real estate website advertising the sale of a home of the daughter of a former Nazi official. The painting came from Goudstikker’s collection.
Earlier this year, a judge ruled that a painting by Italian artist Amedeo Modigliani, once valued at more than $25 million, must be returned to the descendants of its original owner, who was forced to sell the painting to the Nazis under duress.
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