Netanyahu’s Government Proceeds with First Judicial Reform, Despite Protests

Israeli Prime Minister Benjamin Netanyahu’s government is proceeding with the first of a set of controversial judicial reforms, despite nationwide protests, warnings from the military, and pressure from the United States.

The reform would prevent judges from intervening in administrative decisions of the state simply on the basis of “reasonableness.” Proponents of the reform say that it is up to the elected leaders of the people to determine what a “reasonable” policy is. Simcha Rothman, a key legislator driving the reform, also noted wryly that the country’s liberal judiciary tends to find conservative policies “unreasonable” — but not the other way around.

Opponents of the reform have charged that Netanyahu is using his legislative majority in the Knesset to make sweeping changes to the system of government as a whole. They say that Israeli democracy is at stake — though they want Israel’s unelected judiciary to keep its unusual power relative to the country’s democratic parliament.

One lawmaker accused Netanyahu of “destroying” the country, a volatile accusation during the Jewish period of mourning known as the Nine Days, which commemorate the destruction of the two ancient Temples in Jerusalem.

Some opponents have gone further, saying that Israel’s military should step in and launch a coup d’étât:

Thousands of military reservists have refused to show up for duty in protest against the reforms, though the vast majority continue to serve. Israel’s military leaders have begun warning publicly that the seepage of the country’s political debates into its ranks poses a threat to the ability of the state to defend itself from enemies.

Netanyahu is also fighting a battle on another front: he had emergency heart surgery to fit a pacemaker this weekend. The bill on “reasonableness” will be debated for 26 hours; a final vote is expected Monday afternoon. The reform is expected to pass along party lines; Netanyahu’s right-wing coalition holds a 64-vote majority in the 120-seat Knesset. It is unclear whether the opposition parties will participate in the vote or boycott it.

The remaining reforms closely parallel existing practice in the U.S., except for one that would allow the legislature to override decisions of the Supreme Court by a simple majority, which is the most controversial.

Netanyahu paused the reforms this spring to allow time for negotiations with opposition parties, but decided to go ahead with the first reform after talks fell apart. He has left open the idea of compromise on subsequent bills.

U.S. President Joe Biden has opposed the reforms, refusing to meet with Netanyahu at the White House while the controversy continues, and threatening the “special relationship” between the U.S. and Israel over the issue.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.