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May 27, 2015 / 9 Sivan, 5775
At a Glance

Posts Tagged ‘Supreme Court’

Bennett Goes Underground as Likud’s Anxiety Increases

Tuesday, May 5th, 2015

Naftali Bennett, head of the Bayit Yehudi party, completely cut off communications today as negotiations with the Likud reached an impasse, just a day before Netanyahu’s deadline to form a coalition. No one from the Likud party was able to reach him, no matter how hard they tried. It’s a trick he clearly learned and perfected from Avigdor Liberman.

Bennett believes that Netanyahu is short-changing his party with unreasonable offers and low-level ministries, as well as giving too much to Shas and in particular the Ministry of Religious Affairs.

One rumor has it that Bennett is concerned that Netanyhu is just biding time and creating a temporary coalition until the Zionist Camp can dump Tzipi Livni, at which point it will join Netanyahu’s coalition, replacing the Bayit Yehudi party.

Breaking his silence on Tuesday evening, according to Channel 2, Bennett has demanded the Justice Portfolio for Ayelet Shaked, and that she be appointed as early as next week.

One of Bennett’s major goals is a reform of Israel’s High Court, and in particular, restricting their judicial activism, limiting their ability to unilaterally override legislative decisions made by the democratically elected Knesset, and democratizing the judicial selection process, so future judges better represent the values of the nation, and not just the far left. Currently, current High Court judges effectively select their successors.

Netanyahu does not want an open battle with the High Court this term, and as such, he has been trying to keep control of the Ministry of Justice within the Likud.

One thing is certain, the right will never forgive Netanyahu if he doesn’t form a coalition with Bennett, and instead brings in the Zionist Camp.

With Liberman Out , Bennett Toughens Position, But Who Will Blink First?

Tuesday, May 5th, 2015

Following the resignation of Avigdor Liberman from the Foreign Ministry and his decision to bring the Yisrael Beytenu party into the opposition, the Bayit Yehudi held an emergency meeting on Monday evening to reconsider their strategy and Netanyahu’s offer/threat.

Kulanu, UTJ and Shas have already signed with the Likud to join the coalition. The only options left open to Netanyahu at this point to put together his coalition is with either Bayit Yehudi, Yesh Atid or the Zionist Camp, and he has only until this Wednesday to sign one of them, otherwise President Rivlin will offer a different party the opportunity.

UTJ will absolutely not sit with Yesh Atid, nor does Netanyahu want Lapid in his coalition.

The Zionist Union could be a possibility, but it would be a major betrayal of the Likud voters who don’t want them in the government, and most likely they would need to dump Tzipi Livni, whom Netanyahu also doesn’t want to see again in his government, if possible. The Zionist Camp has said they won’t sit in Netanyahu’s coalition.

So, the keys to the kingdom are in Bennett’s hands.

Bayit Yehudi is a natural partner, but the Bayit Yehudi party feels that Netanyahu is not giving them a fair deal, especially after quietly acquiescing to Netanyahu’s siphoning off their voters with his emergency appeals right before elections.

Bennett also claims that Netanyahu, before the elections, offered him the Defense Ministry, and then recanted the offer after the elections.

Bayit Yehudi was also offered to chair the Judicial committee, but it is unlikely that the Likud will allow them to make major reforms against the overly powerful Supreme Court, so that position may be less valuable than previously thought.

At the emergency meeting, Bayit Yehudi saw Liberman’s withdrawal as an opportunity to get the Foreign Ministry, which they have demanding since the elections were over. Bayit Yehudi is particularly miffed that Shas got full control of the Ministry of Religious Affairs, and will probably now roll back all the progress that Bayit Yehudi made in rectifying that troubled field.

With the keys in his hands, Bennett has the opportunity to demand corrections in the deal with Shas (unlikely as Shas will bolt), as well as to demand a more significant post or posts.

The question is, in this game of chicken, who will blink first?

From Segregation to Confrontation – No Nostalgia for Baltimore

Thursday, April 30th, 2015

The riots in Baltimore are symptomatic of a world-wide disease that has been spreading for decades: Violence.

I have good memories of a good life in the Golden Ghetto where I grew up in Baltimore but I have no nostalgia, not for the Orioles, not for the peace and quiet in our white-only and Jewish-only neighborhood, not for segregation, not for our black maid and not for integration.

Not even for the Orioles when they beat the Dodgers in the World Series, believe it or not.

Yes, I did write “segregation.” Before 1954, when the Supreme Court ruled against school segregation in the Plessy vs. Ferguson suit, I never questioned the practice. What do you want from an eight-year-old?

Those were the days of law and order, but the deep white hatred of blacks in the south was superior to the rule of law, and it took years of protest marches and the assassination of Martin Luther King before integration in school was accepted.

Jews in my youth in Baltimore, like elsewhere in the Diaspora, always were worried about being politically and socially acceptable. The rabbis, especially the modern Orthodox, Conservative and Reform leaders, always spoke out for the blacks, the same people who rented from Jewish slumlords and worked for minimum wages from Jewish employers who were lucky if their employees showed up for work without being drunk.

Our rabbi marched in Washington in a huge rally for integration. Somehow, he always managed to connect it to the Torah.

Listening to King, one would think that God told the whites in the south, “Let my black people go.” That is what happens when Jews desecrate the Torah to co-exist with non-Jews.

Those were the days of the Limousine Liberals, the rich Jews who were in favor of integration, on condition that it was not in their neighborhood.

Those were the days of peaceful protests. They worked.

Today, they don’t.

There were many blacks in my high school class who studied hard, went to university and became part of the “haves.” Many remained with the have-nots.

When the United States declared “war on terror” after the 9/11 attacks, it was a bit late. It should have started years before and should have been called a war on violence., because violence has been working for decades.

Everyone can come up with his or her own reasons for excuse – liberalism, social media, television, movies and drugs, among others.

Underneath all of them is the undercurrent of “gimme, and if you don’t “gimme,” I will kill you.

Ray Lewis of the Baltimore Ravens has been seen all cross America this week for his rant against violence:

No way. No way. No way can this happen in our city. No. Young kids you got to understand something, get off the streets.

Violence is not the answer. Violence has never been the answer. Freddie Gray, we don’t do nothing for him doing this….

You don’t have any right to do what you’re doing to this city. Too many hard-working people build this city… We know what’s going on. We know the problems. We know there was wrong done. We know we’re not getting the right justice. We know all these answers.

But rioting in our streets is wrong. It’s dead wrong.

 

Lewis is speaking of values. He stated, “It takes a whole village to raise one child. We have to redefine what this looks like. We have to redefine what rebuilding Baltimore looks like. Cause there’s too many people putting real sweat, real tears to make our city a better place.”

His values are not “their” values. “Their” values are violence. “Gimme or violence, take your pick.”

Supreme Court Judge Calls Anti-Israeli Boycotts ‘Political Terrorism’

Thursday, April 16th, 2015

A nine-member panel of the Israeli Supreme Court dealt a blow to the Boycott Israel and BDS movements Wednesday by unanimously rejecting leftist petitions against a law that prohibits boycotts of goods from Israel.

The part of the legislation that protected products from Judea and Samaria from boycotts also was upheld by the court, but only by a 5-4 margin.

The only part of the legislation that was struck down by the justices was a clause allowing people to sue for more than compensation covering damage.

The law was passed in 2011 to thwart the boycott campaigns, but the Supreme Court suspended the law in December 2012 following petitions challenging the constitutionality of the legislation.

Justice Hanan Meltzer wrote in Wednesday’s ruling that boycotts are “political terrorism.”

The anti-boycott law allows lawsuits against any company, individual or organization that has been discriminated against “solely because of their affinity with the State of Israel, one of its institutions or an area under its control, in such a way that may cause economic, cultural or academic damage.”

The anti-boycott has been effective even when while it was suspended.

The left-wing 972 Magazine website, which states that is against the “occupation,” wrote Wednesday:

Civil society organizations self-censored in order to protect themselves from civil suits…. (Two years ago the editors of +972 Magazine decided to stop self-censoring boycott related articles.) [Parentheses are in the original content – [ed].

NGOs opposing the bill were quoted by the website as having commented on the court’s unanimous ruling, “The boycott law is a law to silence legitimate criticism. The High Court ruling is a serious blow to freedom of expression and basic rights for political participation on a disputed topic.”

“Freedom of expression” is very a popular concept among those who exploit it to demonize Israel and try to turn it into an Arab country.

The law does not ban debates against Israel. Nine justices on a court that is one of the most liberal judicial bodies in the Western world ruled that the law is constitutional. The decision implicitly made it clear that “freedom of expression” does not cover discrimination against a country’s goods simply because they are made by Jews, regardless of where they live.

Justice Meltzer explicitly wrote that Israel has the right to protect itself from people trying to use “freedom of expression” to destroy the country.

Even the 972 website told its readers that many anti-Israelis use the boycott “desire the destruction of Israel as a Jewish state.”

Supreme Court: Hareidi Papers Can’t Be Forced to Advertise Hareidi Women’s Party

Monday, March 16th, 2015

Hareidi newspapers can’t be forced to publish elections ads for the first all-female Hareidi (ultra-Orthodox) party, the Supreme Court ruled Monday.

A lower court had ruled that the Hareidi daily Yated Neeman was wrong in refusing to publish an ad for the female party U’Bezhutan.

The court found that Yated Neeman had unfairly discriminated against U’Bezhutan by refusing to publish its ad solely because the party’s members are women, while publishing ads for other Hareidi parties.

U’Bezhutan was formed in protest of the fact that existing Hareidi parties exclude women from their party lists.

Yated Neeman’s editors argued that their rabbinic leadership opposes the U’Bezhutan party, and that a paper cannot be forced to print any party’s ad. The courts would not force a newspaper written for the Arab public to run ads for a Jewish nationalist party, they argued.

The Supreme Court accepted their argument and overturned the previous ruling.

U’Bezhutan has faced considerable difficulty getting its message out. Hareidi communities in Israel tend to eschew television and the internet, preferring to get their news from hareidi daily papers – but those papers have refused to give publicity to the women’s party, even in the form of paid advertising.

 

Hareidi Group to Rabbis: Ignore Supreme Court

Monday, January 5th, 2015

The hareidi organization Eida Hareidit has publicly rebuffed an inquiry by the Supreme Court, Reshet Bet reports. The group has issued a statement declaring the Supreme Court unfit to judge in an ongoing case involving courts of Jewish law (batei din).

Courts of civil law have no authority to intervene in matters of Torah law, argued the statement, which was issued by the Eida Hareidit together with Rabbi Shmuel Vozner.

The Supreme Court is hearing a case involving kitvei siruv – statements issued by a rabbinic court denouncing those who ignore its summons. Those publicly condemned for having ignored a rabbinic court summons can face ostracism.

A resident from Elad appealed to the Supreme Court after a court of Jewish law (beit din) in her hometown issued a siruv notice against her after she refused to bring a dispute to it, preferring a local civil court.

Supreme Court justice Salim Joubran accused the beit din of having overstepped its bounds. “A Rabbinic court has no authority to make decisions regarding a case that has been brought to a civil court. Can the rabbinic court be allowed to punish someone for going to a civil court?” he demanded.

The Eida Hareidit urged judges in rabbinic courts to ignore the Supreme Court’s criticism, and to continue issuing kitvei siruv as they see fit. Judges of Jewish law must not fear secular authorities, it declared.

The group reiterated criticism of those who turn to civil courts rather than religious courts. Jews must avoid courts that do not judge by Jewish law, it argued.

High Court to Rule If Raising Vote Limit to be MK Violates Human Rights

Sunday, December 28th, 2014

The Supreme Court is hearing Sunday morning an appeal from representatives of Arab parties who argue that the Knesset law raising the limit of the number of votes needed for a party to elect Knesset Members violates human rights.

The Basic Law on Human Rights gives the court power to overthrow Knesset laws it thinks don’t meet its standards of equality, which are totally subjective.

The Knesset this year raised the “threshold” from 2 percent to 3.25 percent for a party to be represented in the Knesset.

The law was sponsored by Yisrael Beitenu and hoped to do away with a lot of little parties vying to be in the coalition. The higher limit theoretically discourages tiny parties from running but it also could mean that the Arab parties, unless they unite, will not win enough votes to return to the Knesset.

In the 2013 elections, 32 parties ran, of which, 20 did not win enough votes to enter the Knesset.

Among them were Moreshet Avot, which won a grand total of 461 votes, the Pirate party, with 2,076 votes, the Greens and Youth, which garnered 8,117 votes, and the Green Leaf pro-marijuana party, with 43,734 votes but still only a little more than half the number needed for representation.

All told, approximately 240,000 votes., worth three Knesset seats, went to losers.

There are two Arab parties in the outgoing Knesset, one with four MKs and the other with three MKs. An Arab-Jewish party – Hadash – has three MKs.

Lawyers for the Arab parties argued that the higher limit violates their human rights and equality.

They didn’t mention it, but it also increases the extortion capabilities of the mid-sized parties that become far more important for their electoral size.

Attorney General Yehuda Weinstein approved the law and told the court that it was not aimed at the Arab parties but was designed to make the elections and the government more manageable.

If the court overturns the law, it would make it easier for a third Sephardi party to enter the race and would increase the chances that the right-wing Otzma, headed by Michael Ben-Ari, will win Knesset representation.

If so, its seats would come at the expense of the Jewish Home party, making it harder for Binyamin Netanyahu to form a coalition if the Likud wins the election. Otzma is not likely to join a government that talks about “two states” and does not make it clear that all of Judea and Samaria is part of Israel.

Printed from: http://www.jewishpress.com/news/breaking-news/high-court-to-rule-if-raising-vote-limit-to-be-mk-violates-human-rights/2014/12/28/

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