Israel Approaching Pivotal Point as Judicial, Political Timelines Set To Clash
As the Israeli government grapples with contested legal reforms, Netanyahu aims for critical diplomatic breakthroughs with the US and Saudi Arabia.
September is shaping up to be a tumultuous month in Israel, following a series of divisive events that have rocked the nation.
A controversial, government-backed judicial reform will be tested in the Supreme Court, as several political actors try to push for a compromise. Also, Israeli Prime Minister Benjamin Netanyahu is looking for a long overdue invitation to the White House in an effort to achieve the coveted normalization of relations with Saudi Arabia, an election campaign promise he has yet to deliver on. The paths to Washington and Riyadh are intertwined and will require extensive political maneuvering on Netanyahu’s part.
The first of three planned court hearings, originally set for today, has been rescheduled for September 19. The hearing concerning petitions against Justice Minister Yariv Levin’s refusal to assemble the judicial selection committee has been postponed. The coalition has left many judicial roles vacant, having failed to convene the committee for eight months since it was sworn in.
However, the delay merely postpones the imminent court showdown. Israel risks a constitutional crisis if the government ignores upcoming Supreme Court rulings.
Next week, the court will review a Knesset-passed law that removes the reasonability standard from the courts’ toolkit.
This standard allows courts to nullify government decisions and appointments deemed unreasonable.
In an unusual move, Attorney General Gali Baharav-Miara has opposed the government’s plans and will not represent Israel in court, breaking with custom. The government has enlisted private lawyers for representation, a move seen as pushing Israel toward a constitutional crisis.
Netanyahu does not want to enter a constitutional crisis, because this will be political limbo and will lead to a paralysis of the system
On Tuesday, multiple Israeli media sources indicated ongoing efforts for a coalition-opposition compromise to sidestep a showdown.
“There is a chance for a compromise,” said Moti Gigi, a sociologist and head of the Communications Department at Sapir Academic College. “Netanyahu does not want to enter a constitutional crisis, because this will be political limbo and will lead to a paralysis of the system.”
This holiday season, give to:
Truth and understanding
The Media Line's intrepid correspondents are in Israel, Gaza, Lebanon, Syria and Pakistan providing first-person reporting.
They all said they cover it.
We see it.
We report with just one agenda: the truth.
If the court overturns the law that canceled the reasonability standard, the government may draft a new version, potentially clashing with the judiciary once more.
Conversely, President Isaac Herzog’s monthslong mediation efforts have fallen flat, even when compromise appeared feasible.
“The experience has taught us that the political pressure on all sides is very, very strong,” said Dr. Liron Lavi, an assistant professor in the Department of Political Studies at Bar-Ilan University. “This time the pressure to reach a compromise appears higher than in the past, but a compromise would require everyone to separate from their original positions.”
Netanyahu, who leads the Likud party, heads a far-right coalition comprised of the extreme-right Religious Zionism party and various ultra-Orthodox Jewish factions. After taking office, the government declared its aim to reform the judiciary, arguing it wields excessive power for a non-elected institution. For years, Netanyahu and his supporters claim, the judiciary has hindered right-wing governance, even when the right held power.
Opponents of the overhaul are looking to the courts to stop what they see as a coup. They believe the government plan will shatter Israel’s democracy by stripping the judiciary of its role as a check on executive power.
For months, hundreds of thousands of Israelis have protested in the streets against the plan with the debate seeping into the military and having an adverse effect on the economy.
However, quick dismissals from politicians on both sides quashed reports of a possible compromise, which would have included a pause on further legislative overhauls. While Netanyahu himself said the door was still open for compromise, his political allies immediately shut the door. Benny Gantz, a key opposition figure and former defense minister, expressed in-principle agreement with the compromise but doubted Netanyahu’s willingness or capacity to deliver.
“Netanyahu is signaling he wants a unity government,” Gigi told The Media Line.
Gantz is just one in a long string of politicians scathed by Netanyahu’s broken promises. After sharing power with Netanyahu in 2019, he vowed never to sit with him again. Facing corruption charges, Netanyahu has been deemed an unsuitable partner by the opposition ever since his legal issues surfaced.
Amid looming security threats and an expected economic downturn, Israel stands on the brink of an unparalleled crisis, possibly compelling Gantz to compromise his principles once more. Such a scenario would likely see the resignation of Justice Minister Levin and the Religious Zionism party.
“Chances for this are not big, but the politicians could always say that as Israel finds itself on the verge of economic and political collapse, this is a necessary move with Netanyahu continuing to hold on to power,” Gigi added.
The balance could tip in favor of a compromise this time due to emerging supportive voices from within Likud—voices that were silent before.
“There is an internal opposition within the coalition that is backing Netanyahu in his attempts to reach a compromise,” Lavi told The Media Line.
Time is running out for Netanyahu, and not just in the legal arena. The Israeli leader is scheduled to speak at the UN General Assembly later this month. Normally, a visit to the US like this would automatically secure a meeting with the American president. However, ever since taking office, Netanyahu has yet to receive an invitation from President Joe Biden. Initial subtle criticisms have escalated into overt disapproval of Netanyahu and his coalition allies.
National Security Minister Itamar Ben Gvir and Finance Minister Bezalel Smotrich of the Religious Zionism party are Netanyahu’s most senior partners, causing a major headache for the US administration. Under the coalition agreements, Smotrich received expanded authority to oversee numerous aspects of Israel’s civil control in the West Bank.
Israel captured this territory during the 1967 Mideast war, and it has since been populated by hundreds of thousands of Jewish settlers. Palestinians see the lands as a major chunk of their future state, a stance backed by the international community. Settlement expansion in Israel has significantly accelerated since Smotrich took office.
“Smotrich is creating facts on the ground, he is promoting de facto annexation and collapse of the Palestinian Authority,” said Gigi.
Both the White House and the State Department have repeatedly condemned Smotrich and Ben Gvir for various inciting remarks and contentious policies, including settlement expansion.
Netanyahu is seeking a White House invitation, but he also needs President Biden’s support to progress toward normalizing relations with Saudi Arabia. Without setting foot in Washington, or at the very least getting a sideline meeting at UN headquarters in New York, the Israeli premier will struggle to make progress on these fronts. Diplomatic relations with Saudi Arabia would be a game changer for Israel and for the entire Middle East, something Netanyahu will want credit for in the history books.
Netanyahu is very concerned about his legacy, but in order to achieve it, he will threaten his political career
Netanyahu faces challenges in reaching a compromise if he is to secure his political survival. Achieving an ideologically cohesive government has long been a dream for many right-wingers in Israel.
“What we are seeing is Netanyahu the statesman versus Netanyahu the politician,” said Lavi. “Netanyahu is very concerned about his legacy, but in order to achieve it, he will threaten his political career.”
