Political Maneuver Fails as Netanyahu’s Coalition Pushes Judicial Overhaul
An attempt by Israel’s prime minister to push a judicial overhaul through the Knesset has been met with opposition from within his own coalition, leading to political unrest and potential ramifications for Israel's international relations
The Israeli parliament, the Knesset, was supposed to elect its representatives on the judicial selection committee on Wednesday, but minutes before the scheduled vote a political drama ensued, changing the plans. After hours of waiting, only one of the two representatives, MK Karine Elharrar of the Yesh Atid party—an opposition member—was elected.
The political struggle on a seemingly small issue was a test case for the fate of negotiations between the opposition and the coalition on the judicial overhaul planned by the current government.
Prime Minister Binyamin Netanyahu, head of the Likud party, found himself caught in the middle between his attempt to reach a compromise on the reforms his coalition was promoting and his political interest, which is to secure the support of his coalition, whose members have been pressuring him to push forward on the overhaul.
As a result of the upheaval in the Knesset, Netanyahu coerced members of his coalition who presented their candidacy for the committee to withdraw in order to topple the vote. One member refused to listen, quashing Netanyahu’s attempt to force a fresh vote in the coming weeks. Member of Knesset Tally Gotliv from the Likud did not reach the majority needed in the vote. Since the judicial selection committee is not fully staffed, it cannot convene.
Netanyahu has ended the dialogue. He was once a strong liar; now he is a weak liar.
During the day, opposition leaders Yair Lapid and Benny Gantz warned that Netanyahu’s political maneuvering would lead to a collapse of the talks sponsored by the Israeli president. They announced a monthlong pause in the talks, until the committee will be staffed.
“Netanyahu has ended the dialogue,” said Opposition Leader and former Prime Minister Yair Lapid. “He was once a strong liar; now he is a weak liar.”
“Netanyahu appears to have been weakened politically,” said Roni Rimon, a strategic adviser and partner at the public relations firm Rimon Cohen & Co. “In the past, members of his party may have disagreed with him but no one would have disobeyed him.”
In the tense halls of the Knesset, as the hours passed, supporters of each political side called for demonstrations in the evening. But once the opposition managed to secure a member on the committee, opposition calls were canceled. Spontaneous demonstrations may still take place as tensions appear to be bubbling beneath the surface. Weekly protests against the reforms have continued even after Netanyahu froze the legislation, but they were smaller and less feisty. Pilots and other military reservists reneged on their threats not to show up for reserve duty and Israel’s positive credit rating was retained.
“It looks like the demonstrations, which were relatively dormant in recent weeks, are going to increase again,” said Dr. Ilana Shpaizman of the Department of Political Studies at Bar-Ilan University. “This is something the coalition does not want; their hope was that it would gradually die down.”
After a victorious election late last year, Netanyahu secured a majority in order to lead a coalition. It immediately kick-started the legislation process for a wide-reaching judicial reform, which opponents refer to as a “judicial coup.” A series of dozens of different proposed laws or amendments dealing with an extensive range of issues had the opposition convinced that the judiciary was under a legislative barrage that signaled an unwanted regime change.
The makeup of the judicial selection committee has been at the heart of the contentious judicial reform that Netanyahu and his partners are trying to promote. Today, there are nine members on the committee: two ministers; two Knesset members, usually on opposing sides; three Supreme Court justices; and two lawyers from the Bar Association, guaranteeing that no one has an automatic majority.
Members of Netanyahu’s coalition on Wednesday wanted to elect the two parliamentarians on the committee from their own ranks, breaking from the tradition that only one of the committee’s two Knesset members is from the coalition and the other from the opposition. Opposition members said the move would create facts on the ground that essentially exposed Netanyahu’s real intentions, which were not to reach a compromise but to continue pushing forward on the overhaul unilaterally. The verbal agreement between the sides was that so long as no settlement was reached, no changes would be made.
Netanyahu, sandwiched between his need to pacify his coalition and the contradicting need to promote his other agendas, wanted to torpedo the vote.
When the Israeli premier froze the legislation in late March, it was after widespread demonstrations in the country and mounting international criticism. The American administration’s highly critical attitude toward the reform is undoubtedly a contributing factor in the fact that six months into the job, Netanyahu has yet to have been invited to the White House. Three months ago, US President Joe Biden told a reporter that Netanyahu would not get an invitation “in the near term.”
In another public snub, Israel’s President Isaac Herzog was invited to the White House next month, before Netanyahu, if the latter will ever be extended the coveted invite.
Netanyahu needs to appease Biden by placating the opposition. He knows that without cooperation from the opposition, he won’t be making it to Washington.
“Netanyahu needs to appease Biden by placating the opposition,” said Rimon. “He knows that without cooperation from the opposition, he won’t be making it to Washington.”
Netanyahu needs American support for a wide range of strategic issues important to Israel.
Justice Minister Yariv Levin has increasingly become a major hurdle in Netanyahu’s way. With support in the Likud, Levin has positioned himself as a stubborn rival to the premier.
Fears and warnings of the financial implications of the reforms have also likely pushed Netanyahu to freeze the legislation. In recent days, fluctuations in the value of the Israeli currency, the shekel, have demonstrated exactly how vulnerable the situation is. After a few days in which the shekel strengthened after months of devaluing, it crashed against the US dollar on Wednesday as chances for compromise dwindled.
But, all the while, the Israeli leader has been under intense pressure from within his bloc to abandon the compromise talks and push forward with the overhaul. Media reports from the compromise talks suggested that the opposition agreed to certain concessions regarding legal counsel to the government and amendments to the use of the reasonability clause in court rulings.
“Netanyahu has tried to make moves that would satisfy Levin and also help the opposition present accomplishments,” said Rimon. “But within the Likud, there are people who do not accept this and are working to hinder him.”
For decades, Netanyahu has been considered an unmatched political wizard who has unlimited tricks to pull from his hat. But Wednesday’s Knesset blunder revealed that his magic was waning.
“Coalitions are always hard to manage but, in this situation, even more so,” said Shpaizman.
As part of its overhaul, the government wants to give the ruling coalition a majority by changing the composition of the nine-member committee to have three ministers, two members of parliament from the coalition, one member of the opposition, the Supreme Court president, and two former judges selected by the justice minister. With a simple majority able to select a judge, it is clear the coalition will have the final say in the appointment process.
After the vote, some coalition members called for a restart of the legislation. But it is difficult to see how Netanyahu will allow this, despite the political cost.
“Netanyahu understands very well the meaning of going back to square one on the reform and even with all the bad blood, Netanyahu will move forward on a compromise and Levin will have to withdraw from his very steadfast position,” said Rimon.
The coalition claims the judicial overhaul is needed in order to make Israel more democratic in a state where the Supreme Court has accumulated too much power and often inserts itself where the coalition believes it shouldn’t. Critics say the reforms will achieve the opposite and significantly weaken Israeli democracy.
“If the coalition does decide to begin the legislation again, it does have a majority to do so,” said Shpaizman. “But polls show the majority of the public is against this. Netanyahu wants quiet and now faces noise he never imagined possible.”
