editorials
‘Judicial Reform’ in Israel
A ccording to new Israeli Justice Minister Yariv Levin,
the plan presented by Prime Minister Benjamin
Netanyahu’s government to redefi ne the authority of
Israel’s Supreme Court and to revamp the process
for appointment of Supreme Court judges is part of
a broad and orderly plan for “judicial reform,” and is
a good thing. According to opponents, the plan is
nothing less than a threat to democracy in the Jewish
state and an orchestrated eff ort to neuter the country’s
independent judiciary.

The judicial reform plan, if implemented, will signifi cantly
limit the Supreme Court’s ability to review laws and
strike them down. It will also increase the involvement
of politicians in selecting judges. In the words of Israel’s
Chief Justice, Esther Hayut, the plan will “deal a fatal
blow” to the independence of judges and will limit their
ability to serve the public. Hayut warned that the plan
would “change the democratic identity of the country
beyond recognition.”
There is good reason for concern.

Under the fi rst part of the plan, a simple majority
of Knesset’s 120 members will be able to override
almost any Supreme Court ruling regarding the validity
of a Knesset law. The only exception would be in the
rare instance where all 15 judges of the Supreme Court
agree that a law should be blocked. In that case, the
ruling cannot be overridden. In all other cases, a fi nding
of invalidity can be overridden.

Under the second part of the plan, the sitting
government would appoint a majority of the members of
the panel that selects new judges, changing the balance
of the selection committee, which currently only has a
minority of government appointees on the panel.

Proponents argue that judicial reforms are
necessary in order to address an overactive and
unelected judiciary that holds unreasonable power
over legislative decisions of democratically elected
Knesset members. They argue, as did Levin, that the
changes are “essential to the existence of democracy
and [to] restoring the public’s faith” in the judicial
system. Faltering faith in the court comes from the three
factions that comprise the new government. Settler
activists bristle under court rulings that prohibit or restrict
the building or expansion of settlements in parts of the
territories. Ultra-Orthodox Jews resent court interventions
that interfere with their conservative way of life or
fail to uphold religious mandates. And the increasingly
rightward-leaning Likud faithful want to assure that the
courts will not get in the way of Netanyahu continuing as
their leader and pursuing their agenda.

Judicial reform in furtherance of a political agenda
is problematic. We join those critical of the “judicial
reform” charade.

The proposed changes will weaken Israel’s primary
check on government overreach and threaten to uproot
the whole notion of judicial independence. Orderly
government requires an independent process for the
review and evaluation of government action. If all it
takes is 61 Knesset votes to override a ruling that fi nds
legislation enacted by the same 61 Knesset members to
be invalid, the whole review process will become a lame,
toothless exercise. ■
W e have seen a steady rise in antisemitic
activity domestically and around the world.

The boldness of the physical and verbal attacks
is chilling. While it has been comforting to hear
words of support, commitment and promised action
from government at all levels, we need more than
soothing words. We need tangible steps and results.

There is an opportunity for the Biden administration
and Congress to do just that with respect to funding
for the State Department’s Offi ce of the Special
Envoy to Monitor and Combat Antisemitism in the
2024 budget. The antisemitism envoy, Holocaust
scholar and longtime Emory University professor
Deborah Lipstadt is a well-known personality
and voice in the fi ght against antisemitism and
Holocaust denial.

Deborah Lipstadt
Last week, a bipartisan group of House members
asked Secretary of State Antony Blinken to increase the future. It comes just as the new House Republican
department’s funding request for the Special Envoy’s majority has rediscovered fi scal conservatism after
Offi ce from $1.5 million in 2023 to $2 million in 2024 — a two decades of borrowing to pay for tax cuts and
33% increase, but less than a rounding error in the State growing government programs in both Republican
Department’s budget.

and Democratic administrations. House Speaker Kevin
The State Department and Congress should embrace McCarthy (R-Calif.) wants to cut planned 2024 spending
this request. It will be money well spent. And it will for government services back to 2022 levels. That could
demonstrate that lawmakers and the administration are doom any extra support for Lipstadt’s offi ce and would
willing to go beyond soothing rhetoric and fund a practical also prompt signifi cant cutbacks in a whole host of
way to respond to a growing global problem.

government services.

This bipartisan ask, however, faces an uncertain
Another problem is that Lipstadt’s offi ce does not deal
10 JANUARY 19, 2023 | JEWISH EXPONENT
with domestic antisemitism, which is a continuing
and growing threat to our community’s safety and
peace of mind. Jan. 15 was the anniversary of the
hostage-taking crisis at Congregation Beth Israel in
Colleyville, Texas. Now, a year later, according to the
recently issued Anti-Defamation League survey of
“Antisemitic Attitudes in America,” American Jews
are increasingly insecure and frightened.

Among the report’s disturbing fi ndings: A whopping
85% of Americans believe at least one anti-Jewish
trope. That’s up from a previously upsetting 61% in
2019. And more than 50% of those surveyed believe
at least one antisemitic trope. In addition, some 39%
of respondents believe that Jews are more loyal to
Israel than to the United States.

Lipstadt and others have pointed out that societies
undergoing stress often resort to blaming Jews. That
seems to be the case in this country, and it concerns us.

We need meaningful and real responses.

Last month, the Biden administration announced the
creation of an interagency group to combat antisemitism.

We said at the time that the eff ort requires strong
leadership and urged the administration to make
such an appointment. Some have suggested that
Lipstadt’s portfolio be expanded to include domestic
antisemitism. Whatever choice is made, it should be
done quickly and be recognized as a serious challenge to
antisemitic activity. ■
Photo courtesy U.S. Holocaust Memorial Museum
Antisemitism Continues Unabated



opinion
Responding constructively and effectively
to Israel’s new government
Martin J. Raffel
Tuna salmon / AdobeStock
T The special U.S.-Israel
relationship is based in
significant part on common
strategic interests. But it has
always been rooted more
deeply in “shared values,”
especially the commitment
to democracy. These shared
values now appear to be in
grave jeopardy.

he Israel-American Jewish relationship
is severely challenged these days by
the new Netanyahu-led government in
Jerusalem. This government includes ministers inspired
by the hateful ideology and politics of the late
Meir Kahane. It has a stated policy agenda,
which could threaten the country’s democratic
structure of checks and balances by stripping the
Israeli Supreme Court of its independence and
undermining the delicate relations between the
country’s Jewish and Arab citizens. The minister
in charge of “Jewish identity” and an important
segment of Israel’s educational system is a proud
homophobe. Also, the government plans to
disqualify for state recognition all non-Orthodox
conversions in Israel.

And, to top it off, the new government is
poised to increase Jewish settlement in the West Bank
to an extent that achievement of a negotiated two-state
outcome becomes all but impossible. Israel cannot
continue to control the lives of millions of stateless
Palestinians in perpetuity and remain a full democracy.

That is why polls show that most American Jews oppose
settlements and favor the creation of a demilitarized
Palestinian state alongside Israel.

In other words, this Israeli government is abhorrent to
a sizable majority of American Jews. So, what are we to
think and do?
First, do not walk away. It took two millennia of horrific
persecution and a 20th-century genocide until we, the
Jewish people, finally managed to reconstitute ourselves
as a sovereign nation-state in our ancient homeland. Our
commitment to Israel must be unbreakable. If anything,
this is a time to intensify our engagement with Israel.

Second, the Netanyahu government was elected fair
and square, and the wishes of Israel’s voters must be
respected. That said, do not conflate the Netanyahu
government with the state of Israel. Don’t let anyone
get away with the accusation that criticism of Israel’s
policies is anti-Israel, any more than criticism by Israelis
and other foreigners of our policies is anti-American. To
criticize from a place of love is not only your right; it’s an
obligation. Israel is the nation-state of the Jewish people,
not only its citizens. That includes us.

Third, look for ways to express yourself constructively
and effectively. Get involved with those American
Jewish organizations that reflect your values. Some
criticize Israeli policies even as they work to strengthen
Israel’s security, including through active support of the
two-state outcome. Yes, it is clear this outcome won’t be
achieved anytime soon. But many steps can be taken in
the meantime to preserve conditions that, hopefully, will
make it possible in the future.

Also, directly support organizations in Israel that fight
for democracy, pluralism and human rights. You also can
have an impact as an individual. Write a personal email or
letter with your feelings about what’s happening in Israel
and send it to the Israeli consul general in New York
City, at the consulate with jurisdiction over Philadelphia.

If he receives a large number of communications, rest
assured that the message will get back to the Ministry of
Foreign Affairs in Jerusalem.

Fourth, share your opinions openly and honestly with
elected officials, especially members of Congress. Let
them know that they will not be seen by most in our
community as anti-Israel if they, too, voice criticism of
Israeli policies.

Here it gets a little tricky. Some in Congress, I suspect
a very small number, may want to exact a tangible price
for Israeli government policies that conflict with U.S.

values and interests, including even reducing our military
assistance. Punishing the Israeli government for its
actions is not the way to go. It will only feed the forces of
extremism in Israel. Moreover, Israel’s very real enemies
in the region – such as Iran, Hezbollah and Hamas —
need to recognize that while we may criticize, America’s
fundamental support for Israel’s defense continues to be
rock solid.

Fifth, pay special attention to the young American
Jewish generation. Surveys consistently show that
emotional attachment to Israel is weakest among this
population. That is understandable. They are furthest
removed from the Holocaust, Israel’s birth and the epic
struggles for survival.

Young Jews are in need not only of enhanced
education about Israel; they also must be provided
with a safe environment to raise all their questions
and concerns candidly, without fear. That is especially
necessary during this period of strain in Israel-American
Jewish relations.

Sixth, recognize that there are critics of Israel who do
not come from a place of love for the Jewish state. Much
ink has been spilled on the controversy surrounding BDS
– boycott, divestment and sanctions. Do I believe some
who advocate the boycott or sanction of Israel do so in
good faith with the intent to affect its policies? I do, even
as I also think such a path is misguided.

But we need to guard against those who use BDS as
a tactic to undermine Israel’s core legitimacy as a Jewish
state. This problem is most acute on college campuses.

The special U.S.-Israel relationship is based in
significant part on common strategic interests. But it
has always been rooted more deeply in “shared values,”
especially the commitment to democracy. These shared
values now appear to be in grave jeopardy. We can hope
for the best but need to prepare for the worst. ■
Martin J. Raffel is former senior vice president of the
Jewish Council for Public Affairs and the agency’s
lead professional on Israel.

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