Knesset Passes Controversial Judicial Selection Reform; Key Lawmaker Strikes Back
Hours after the Knesset passed a contentious amendment, MK Simcha Rothman told The Media Line in an exclusive interview that passing the judicial reform is essential for Israel's national security
Last Thursday morning, the Knesset plenum approved a controversial amendment to the law defining the composition of Israel’s Judicial Selection Committee. The final vote was passed 67-1, with the opposition boycotting the session. Opposition lawmakers accused the government of exploiting wartime conditions to pass legislation linked to the highly divisive judicial reform process that polarized the country prior to the war.
The newly approved amendment replaces two Judicial Selection Committee members from the Israeli Bar Association with two politically appointed representatives, one chosen by the coalition and one by the opposition. Critics say the change undermines the independence of the judiciary by giving politicians greater influence over judicial appointments.
Lawmaker Simcha Rothman, chair of the Knesset Constitution, Law, and Justice Committee, has faced heavy criticism for championing legislation perceived as empowering the executive branch at the expense of judicial independence during wartime.
Opposition leader Yair Lapid vowed to repeal the legislation if his party makes it to the government in the next election. He urged the public to protest both against the amendment and for the release of hostages held by Hamas in Gaza.
In an exclusive interview with The Media Line, conducted just hours after the Knesset approved the controversial bill, Rothman strongly defended the move. He claimed that the judicial selection process previously granted Supreme Court justices disproportionate influence over judicial appointments.
“No power in a democratic country should have the power to elect itself,” Rothman emphasized, arguing that the amendment ensures that appointments reflect a balanced representation between coalition and opposition, ending what he described as “self-perpetuating” judicial selections.
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It doesn’t matter if I will be in the coalition or not. People elected into the Knesset should have their voice heard on the kind of judiciary the state of Israel will have.
Addressing concerns over how these changes might impact future governments, Rothman insisted: “It doesn’t matter if I will be in the coalition or not. People elected into the Knesset should have their voice heard on the kind of judiciary the state of Israel will have.”
Some critics have warned that the reform might trigger international legal repercussions against Israeli leaders from bodies like the International Criminal Court or International Court of Justice. Rothman dismissed such threats, noting that those who serve on the ICC and the ICJ are also political appointees.
They are antisemitic today; they’ll be antisemitic tomorrow. Changes in how Israel selects its judges have nothing to do with it.
“They are antisemitic today; they’ll be antisemitic tomorrow,” he said. “Changes in how Israel selects its judges have nothing to do with it.”
Rothman acknowledged initial reservations regarding the wartime passage of the legislation. He justified the timing by accusing the Supreme Court and the attorney general of interfering with critical government decisions related to national security.
He pointed to the court’s recent intervention blocking the government’s attempt to dismiss Ronen Bar from his role as head of the Shin Bet, Israel’s internal security agency. That move compromised wartime leadership and justified the urgency of the reform, Rothman said.
You cannot put things on hold when the court and the chief legal adviser are interfering in how Israel conducts its war.
“You cannot put things on hold when the court and the chief legal adviser are interfering in how Israel conducts its war,” he said, adding, “We have a commitment to our voters and to the safety of the state of Israel. We don’t have a choice but to amend those laws.”
The proposed judicial reform championed by Rothman and Minister of Justice Yariv Levin led to massive public unrest in Israel. Starting in January 2023 and until the October 2023 Hamas invasion, tens of thousands of Israelis took to the streets each week in protest.
In response to the unrest, Israeli President Isaac Herzog held a series of meetings with politicians and judicial experts from across the political map, aiming to establish a new plan for reforming Israel’s judiciary that would avoid tearing the nation in two. He unveiled that plan, called the “People’s Framework,” in March 2023.
The legislation recently passed by the Knesset is far from the compromise proposed by Herzog. Rothman said that some ideas from those talks were incorporated into the legislation and criticized the opposition for their unwillingness to reach consensus.
“You cannot get any kind of agreement with people who don’t want to agree just because of who you are,” he said.
