Judicial protests continue as Knesset passes ‘reasonability’ amendment 64-0

BY DAVID SAFFER

Protests over judicial reform continue to take place across Israel.

Demonstrations escalated after the government passed an amendment to legislation restricting the impact of the High Court of Justice. The High Court now is unable to apply a test of reasonability to challenge government decisions or appointments.

There were hopes of compromise before the vote. But after they failed the opposition walked out on mass from the Knesset ahead of the vote. Prime Minister Benjamin Netanyahu’s coalition claimed a 64-0 victory. The legislation has been postponed for three months.

The government’s vote will be challenged in the High Court but that may take a number of months.

The Knesset goes into summer recess shortly until mid-October. Netanyahu will hope to reach an agreement with opposition leaders. But a huge task awaits given the political vitriol.

Netanyahu explained in an address to the nation that the government could “lead policy’ according to the will of the majority of the citizens of the state.

He noted: “In no way is carrying out the will of the voter ‘the end of democracy.’ It is the essence of democracy. Due to the importance of the issue, the coalition worked throughout to reach consensus with the opposition. None of our compromise proposals were accepted. Even in the plenum today, as the voting was underway, until the last moment, we tried to reach agreement but the other side consistently refused.”

Netanyahu is however open to further dialog. He said: “In the coming days, the coalition will turn to the opposition to advance a dialogue between us. We are prepared to discuss everything, immediately, and do so in the round of talks during the Knesset recess and reach a comprehensive agreement on everything until the end of November. That is more than enough time to reach agreement on everything.

“We all agree that Israel needs to remain a strong democracy, that it will continue to safeguard individual rights for all, that it will not become a state governed by Jewish religious law, that the court will continue to be independent and that no side will control it.

Justice Minister Yariv Levin addressed the Knesset after the vote, stating: “We have taken the first step in the important historical process of correcting the judicial system, and restoring the powers that were taken from the government and the Knesset over many years.”

Leader of the Opposition Yair Lapid blasted Netanyahu’s comments.

“It is a sad day,” he said. “A day of Knesset destruction. A day of gratuitous hatred. I look at the coalition celebrating and ask, what are you celebrating? The fact that you are dismantling the Jewish state that we have?” Lapid added: “There is no prime minister in Israel. Netanyahu has become a puppet of messianic extremists.”

Lapid confirmed the opposition would file a petition against the legislation with the Supreme Court.

Head of the National Unity Party Benny Gantz noted: “Anyone who thinks he (Netanyahu) won today will soon discover that this was a terrible mistake for all of us. We will do whatever it takes to reverse course and to fix things. Everything that passed today will be annulled and erased from the statute books. Sooner or later.”

The White House issued a statement: “As a lifelong friend of Israel, President Biden has publicly and privately expressed his views that major changes in a democracy to be enduring must have as broad a consensus as possible.”

White House spokesperson Karin JeanPierre added: “It is unfortunate that the vote today took place with the slimmest possible majority. We believe that for major democratic changes, you need to work for consensus. We urge Israeli leaders to work toward a consensus-based approach through political dialogue.”

On Sunday night, Biden called on Israel not to rush the vote.

“It doesn’t make sense for Israeli leaders to rush this, the focus should be on pulling people together and finding consensus,” he said. “From the perspective of Israel’s friends in the United States, it looks like the current judicial reform proposal is becoming more divisive, not less,” he added.

President Isaac Herzog on his return from Washington DC visited Netanyahu at the Sheba Medical Center before meeting Lapid and Gantz for last ditch unity talks. His office said in a statement: “All the time, and also during his visit to the US, the president and his team are working to explore all efforts for dialogue with the aim of reaching an agreement between the parties.”

Herzog added during desperate discussions for unity: “We are in a state of national emergency. This is the moment for responsibility. We are working around the clock, in every possible way to find a solution. The infrastructure for a possible understanding exists, yet gaps remain which require the various parties to show responsibility.

“The citizens of Israel are thirsting for hope, and expect responsibility and leadership. During these decisive hours, I call on elected officials to act with courage, and to reach out in order to arrive at understanding.”

The political rhetoric will continue in the coming days and weeks amidst turmoil at the heart of Israel’s democracy.