Judicial Reforms
Short explanation: It is all pretty simple.
There are a series of laws that will give the government unlimited power and the only thing stopping that is the court. All the rest is commentary.
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The Judicial Reforms have roiled Israel from Eilat to the Golan Heights. Protests against the Judicial Reforms, pushed by Prime Minister Benjamin Netanyahu and his minions, have been held every Saturday night for 36 weeks. The army has been weakened. Reserve air force pilots have refused to show up for duty until the Judicial Reforms are dropped.
On Thursday, the prestigious Sayeret HaMatkal special operations unit received notice that reserve soldiers wouldn’t show up for duty as long as the Judicial Reforms are on the table. High School students have protested against the reforms and some have refused to show up for induction into the army.
“I worry about the future of the country,” said an orthodox rabbi. “I’m very depressed. I simply don’t know if the country can survive this turmoil.”
Protest in front of the Supreme Court in Jerusalem, Sept 11, 2023
On the eve of the High Court hearing, a protest attended by an estimated 60,000 people was held opposite the Supreme Court in Jerusalem. At the protest, former Justice Minister Tzipi Levni told the gathering that “Nine months ago (when Netanyahu’s coalition was formed) an earthquake destroyed Israel’s democracy. And now it has to be rebuilt.”
Israel’s President Yitzchak Herzog has continually called for a compromise, and for the sides to return to the negotiating table. But suspicion keeps a compromise out of reach. Yair Lapid, head of the Yesh Atid party, part of the opposition, said he expected Netanyahu to come up with some spin, some last-minute compromise, to head off the Supreme Court, however Netanyahu offered no compromise.
Finance Minister Bezalel Smotritch, of the national religious party, who joined with ultra-nationalist Itamar Ben Gvir, of the Jewish Strength party, said any compromise by Netanyahu would only be made to bring in opposition leader Benny Gantz’s National Unity party in order to form a “leftist” government. This move would allow Netanyahu to dump the ultra-nationalists. Both Smotritch and Ben Gvir have said they would not accept any compromise. That the Judicial Reforms must go through.
The High Court
All 15 judges of Israel’s Supreme Court hearing “Reasonableness” case Sept 12, 2023
Fifteen judges sat in what was described by Israeli media as an historic event to hear discussions on the first of many laws in what was considered the Judicial Reform by the Netanyahu coalition and the Judicial Coup by those against these laws.
The court session took place on Sept 12, 2023 and went on for 13.5 hours. No decision was reached, nor was one expected. Each of the judges now has to write their opinions. Two of the judges, court president Esther Hayut and justice Anat Baron will be retiring within weeks. However, they have 90 days in which to write their decisions after their retirement date. Should they miss that deadline, in January, their decisions will not be considered.
Israel’s attorney general Gali Baharav-Miara declined to represent the government before the Supreme Court. So Justice Minister Yariv Levin hired his own attorney, Alon Bombach. In an interview with Ynetnews Bombach said he’d appeared hundreds of times before the Supreme Court and he never could tell from the questions, facial expressions, or postures, what their final decision would be.
The law under discussion disallows the courts to determine if a law is reasonable or not. The law, said the justices, was hastily drawn up and did not meet the requirements of a proper law. The coalition members also stipulated that this Reasonableness Law was a ‘basic law’ that could not be changed. Basic laws are those that are considered to have been part of the intentions of those 37 people who signed Israel’s Declaration of Independence.
Court President Hayut said that “There needs to be a mortal blow to democracy to justify striking down a ‘basic law.’
According to analysts, Justice Minister Levin and head of the Knesset Judicial Committee Simcha Rotman want to strip the Supreme Court of power over the Knesset.
In a controversial appearance before the court Rotman called the court a “White oligarchy” that had to respect the will of the people.
Justice Hayut responded that a majority in the Knesset does not necessarily represent the will of the entire country.
As of now the Netanyahu coalition has 64 seats in the 120 member Knesset. However, pundits question if all 64 will continue to vote with Netanyahu as the various Judicial Reform laws are brought to a vote.
In his appearance before the High Court, Rotman also said that the 37 signatories to the Declaration of Independence were not elected and hence had no sway over the current legislation. He maintained, “We represent the elected government.
However, recent polls find that should new elections be held today, Netanyahu’s coalition would only receive 52 seats and the opposition 63 seats, enough to form a government.
Government Looks To Deny Court’s Authority
Another petition comes up before the Supreme Court next Tuesday, brought by anti-Judicial Reform groups. The petition demands that Justice Minister Levin convene the judicial selection committee. Critics say that the courts are facing a sever backlog.
Attorney General Gali Baharav-Miara, who opposes Levin’s stance, say Levin’s refusal has exacerbated an overload of cases on the court system, with 20 vacancies yet to be filled, a number expected to balloon to 53 open seats by the end of the year. The critics say that Levin is not assembling the committee because he wants to wait until he can pack the committee with pro-Judicial Reform members who will go along with his plan to neutralize the court’s powers.
The court today told Levin he had to convene the committee and start appointing judges. Levin’s reply was, “Only I have the authority to convene the Judicial Selection Committee.” Levin indicated that he would ignore the Supreme Court’s directive.
Also on Thursday, Knesset Speaker Amir Ohana of the Likud said that Prime Minister Benjamin Netanyahu’s ruling coalition is exploring the idea of establishing a new judicial body that would effectively bypass the High Court of Justice,
Pundits all see a coming battle between the court and the government over who has the ultimate control. Analysts say that the government will impose it’s will from a political point of view, while the court is ostensibly an unbiased party.
Will The Government Last
According to Ynetnews, a person close to Netanyahu has said that the current government wouldn’t last through the winter session.
This source says that the ultra-nationalists, Ben Gvir and Smotrich, would bring the government down. Of Ben Gvir he said, “Ben Gvir doesn’t realize this is not campaigning. He’s in the government and has to toe the line.”
Ben-Gvir, as Minister of National Security, that includes the police and the prisons, wants to limit the visitation rights of Palestinian prisoners. Netanyahu, and prison officials, have come out against the move. Ben Gvir took umbrage claiming the decision was his not Netanyahu’s. On Thursday, Sept 14, Ben Gvir stated he would “suspend” support for the government until his decision was accepted. Pundits point out that since the Knesset is in recess this action will have no real effect for now.
Analysts say that time may be running out for Netanyahu’s coalition. One analysts pointed out that even though Finance Minister Smotritch has juggled the budget and taken money out of programs for Arab Israelis and other parts of the economy and poured over 100 million shekels into the Ultra-Orthodox community’s programs, the ultra-Orthodox United Torah Judaism has threatened to bolt the coalition unless Netanyahu makes good on his promise to lower the draft exemption age for yeshiva students from 26 to 23 or even 21.
This means that once yeshiva students reach the age determined, 21 or 23, they will no longer be obligated to join the army and can enter the workforce. This proposed bill faces opposition from non-religious elements in the society who do not receive the same exemptions.
Netanyahu’s Trial
While the drama was being played out in the Supreme Court, the Jerusalem district court heard testimony from Avi Alkalay, former editor of the Walla news site, who described “very aggressive mental coercion” that slanted coverage in the premier’s favor in 2015-2016. Alkalay said the website was “a servant of a single family.” Alkalay also said “… staff members commonly referred to the premier as “Kim,” after North Korean dictator Kim Jong Un.
Alkalay is a witness in Case 4000, which involves allegations that Netanyahu handed the Shaul Elovitch-owned Bezeq telecom giant regulatory benefits in exchange for editorial intervention in Walla, also owned by Elovitch, in Netanyahu’s favor. Netanyahu is charged with bribery, fraud and breach of trust in the case.
Netanyahu’s trial has been going on for three years and is not expected to finish for two more. This, while former President Trump was indicted and faces trial within months with speedy verdicts expected. One pundit quipped, “Two brothers from different mothers.”
Crime Wave
The crime wave in the Arab-Israeli communities continues. So far nearly180 Arab-Israelis have been killed, including innocent women and children, as rival gangs fight for territory and control. This is nearly three times the number of fatalities in that community compared to last year.
Arab-Israeli politicians and citizens claim that National Security Minister Itamar Ben Gvir, who is in charge of the police, has allowed the killings to go on without serious intervention. Observers point out that Ben Gvir is an avowed follower of the late rabbi Meir Kahane who believed the Arabs should be driven out of Israel.
Holocaust Denial
Palestinian Authority President Mohammed Abbas made headlines in Israel when he said that the Holocaust wasn’t really against Jews but rather agains corrupt businessmen and money lenders.
At the same time the US was trying to supply the PA with defensive armored personnel carries (APCs). Some Israeli defense officials supported the move hoping the PA would be able to use these vehicles to help quell the upsurge in crime and terrorism in the West Bank.
Ben Gvir and Smotritch were adamantly against the move, saying Israel shouldn’t arm the Palestinians. Netanyahu said there were no arms involved, only the USA replacing old vehicles with newer ones. Supplying the PA with any type of military hardware has Ben Gvir and Smotritch fuming, according to media reports.
Population
According to the Central Bureau of Statistics, Israel’s population is approximately 9,795,000, up 194,000 since the previous year. Jews make up 73%, Arabs 21%, other groups 6%. CBS estimates that by 2048 Israel will have a population of 15 million. According to the Jewish Agency the world’s Jewish population is 15.7 million with 46% living in Israel.
Covid
An upsurge in Covid cases has been reported in Israel. A new subvariant “Eris” has caused concern. No new vaccines or boosters are available in Israel. Moderna and Pfizer say the new boosters should be delivered this month.
According to the Jerusalem Post, researchers are studying the new subvariants. “…scientists are better positioned to use the opportunity to understand why the virus persistently mutates, with the optimistic goal of eventually thwarting its evolution.
שנה טובה
AND WE WANT TO WISH ALL OF OUR JEWISH READERS A SHANA TOVA. MAY YOU AND YOURS BE WRITTEN IN THE BOOK OF LIFE FOR A HEALTHY, HAPPY, SUCCESSFUL NEW YEAR.