Discussion about this post

User's avatar
Handle's avatar

The opposition to the proposed judicial reforms does not reflect a conflict between Jewish religious law and secular government. It reflects a conflict between progressive moral law and democratic government. The key reference on Israel's particular path toward and problems with Judicial Supremacy is Yonatan Green's excellent and brand new book, "Rogue Justice", which I highly recommend, especially to lawyers. Israel is hardly alone, the UK and many other western counties have established high courts - often in the face of long legal traditions to the contrary - which of course immediately arrogated to themselves the power of a superlegislature and some key executive functions as well and with immunity from any mechanism of democratic feedback, and then proceeded to run amok, constantly acting ultra-vires in numerous ways as quasi-dictatorial magistrates. Of course, this was often the hope and indeed the purpose of their establishment in the first place. For someone familiar with the American context, imagine "Warren Court on Steroids" and with the ability to self-select new judges, and with no domestic legal institutions remotely close to the level of mitigating influence of the federalist society or the conservative and libertarian legal movements more broadly, and with no firm backing for key jurisprudential disciplining principles like Originalism or structural concepts like Unitary Executive (and this in a parliamentary system with theoretically near-plenary powers and an actual "Prime Minister"!) In other words, if you think the American Judiciary could probably stand a little power-diminishing reform that it would never implement on its own, then your brain would explode through your cranium with sufficient force to send the fragments into orbit upon learning how much more powerful and insulated is Israel's judiciary (and also Attorney General, though that is its own related but distinct story.)

Seth Ariel Green's avatar

"So much for America" -- come on, things aren't *that* bad. Sure, many American Jews I know (urbanites in their late 30s) had a rude awakening after Octoer 7th (that our participation in the progressive coalition was conditional on denouncing Israel), but I'm not seeing anything like the all-or-nothing-religious split you're observing.

I notice instead that Jewish friends who have kids almost immediately start doing Shabbat candles and the like. I'm soon heading to a cousin's bat mitzvah at a conservative synagogue in South Orange, NJ where I expect most of her friends to be in the same boat that I was in growing up: mostly secular, bar/bat mitzvahed, planning to have a Jewish wedding, etc. From where I sit, the middle path is alive and well. (The stroller line outside Congregation Beth Elohim in Park Slope during daycare hours is really something to behold.)

25 more comments...

No posts

Ready for more?