Tens of thousands of protesters have gathered in Israel’s government quarter ahead of a crucial legal clash over the recent parliamentary vote to limit the Supreme Court’s powers. The arguments are being heard by all 15 justices, an unprecedented seating of the entire court. The decision, which could take months to reach, will have far-reaching implications for the country and could potentially lead to a constitutional crisis.
The controversial vote, which restricted the court’s ability to rescind government actions deemed “unreasonable,” has sparked mass protests and strikes over the past eight months. The issue at hand is the division of powers in a country with no written constitution and limited legislative oversight. The court is effectively being asked to judge its own fate, with petitioners arguing that the government’s vote was a power grab that threatens judicial independence.
During the hearing, Simcha Rothman, the Knesset member who spearheaded the legislation, accused the justices of being a “privileged elite” and working against the will of the people. Supreme Court President Esther Hayut responded by emphasizing that the hearing is about the legislation itself and not the members of Knesset or the court.
The ruling of the court will have significant consequences, as some key ministers have already stated that they will not obey a decision that reverses the vote. Even Prime Minister Benjamin Netanyahu has refused to make a clear commitment to comply. If the court strikes down the law, it will mark the first time it has reversed a legislative change to a “basic law,” a protected category of statute equivalent to a constitutional amendment.
The controversy surrounding the issue has already caused instability in Israel, with the currency dropping and investors withdrawing. It has even led to a split in military ranks, with commanders warning of a readiness crisis. Demonstrators have filled central Jerusalem, surrounding the court and other important government buildings. Protesters have camped near the court, and their numbers have continued to grow.
The hearing began with heightened security measures, both inside and around the court building. Attendees packed into the narrow hearing room, including Amit Becher, the head of the Israel Bar Association and one of the petitioners against the judicial law. Supporters of the law were also present, both physically and online.
The outcome of this legal battle will shape the future of the country’s judiciary and political landscape. It remains to be seen whether the ruling coalition will accept and abide by the court’s decision. The controversy has exposed deep divisions within Israeli society regarding the role and power of the Supreme Court, with conservatives seeing it as an obstacle to the government’s policies, and the left viewing it as a protector of minority rights.
Prime Minister Netanyahu, who has seen a decline in his popularity due to the controversy, was not present at the court hearing. Instead, he convened a full cabinet meeting. Reports suggest that he has been seeking a compromise to avoid a potentially controversial court ruling or at least postpone it. He is scheduled to travel to the United States next week and hopes to address the United Nations and potentially meet with President Biden, who has been critical of the judicial overhaul.
The court’s decision, whenever it is reached, will have a lasting impact on Israel’s political and legal landscape, potentially triggering a constitutional crisis and exacerbating the deep divisions within the country.