Supreme Court Judge Yosef Elron’s recent bombshell announcement has sent shockwaves throughout the legal and political spheres of Israel. The target of his announcement, however, remains unclear, with both President-designate Yitzhak Amit and Minister of Justice Yariv Levin potentially in the firing line. It seems that Elron may be aiming to kill two birds with one stone, as both Levin and Elron share a common goal, which is to prevent a colleague from being elected as the next president of the Supreme Court.
Elron’s candidacy serves as a means to further this shared ambition, but it also provides an advantage and justification for the ongoing power struggle within the Netanyahu-Levin government and the Supreme Court. By presenting himself as a candidate, Elron has made the first move in what can be seen as a coup d’état. Levin, on the other hand, has been making progress in his efforts to undermine the government’s legal advisor, Gali Beharve-Miara, and has been successful in increasing the number of refusals of representation from her. This long list of refusals will serve as evidence of her alleged incompatibility when the time comes for her dismissal.
It is clear that Levin is firmly on Elron’s side in this power struggle. The two have a history of bad blood between them, dating back to their time at the district court in Haifa. Amit, however, has opposed Elron’s appointment to the Supreme Court, citing his poor professional skills and strained interpersonal relationships. Elron views this opposition as a form of contempt and exclusion based on his eastern origin. His frustration is further fueled by the circumstances of his appointment, which he believes were influenced by Minister Moshe Kahlon and others. Elron sees this race for the presidency as an opportunity to reverse the hierarchy between himself and Amit, with Amit suffering rather than him.
Furthermore, Elron’s candidacy may also indicate support for the changes in the composition of the committee for the selection of judges. This change, which would guarantee a majority for the coalition, is necessary to abolish the seniority system and secure Elron’s election. Levin, therefore, stands to benefit greatly from Elron’s candidacy, as it would allow him to appoint a president on his behalf.
Elron’s past rulings on issues related to Prime Minister Netanyahu and his government have also come under scrutiny. His positions on searching the cell phones of the Prime Minister’s advisors and disqualifying Shas chairman Aryeh Deri have raised questions about his impartiality. While these rulings may indicate a listening ear towards the government’s concerns, they can also be interpreted as a conservative stance on human rights and the court’s role in disqualifying ministers.
The seniority system, which dictates that the oldest judge becomes president, is not codified in law but rather a customary practice meant to discourage political interference in the Supreme Court’s affairs. The system has produced impressive presidents in the past, leading many to question why it should be changed. Seniority has become a binding “constitutional custom” and some argue that it provides quiet and stable certainty, which is preferable in this context.
Elron’s candidacy for the presidency signals a challenge to not only the professional decisions of his colleagues but also the tradition of the seniority system. Whether Elron’s candidacy succeeds in overthrowing this tradition and what implications it may have for the future of the Supreme Court remain to be seen.