Israel's Supreme Court Delivers Stinging Blow to Netanyahu

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Timing is everything. Just under three months after the Hamas terrorist attacks, Israel's Supreme Court made a historic ruling on New Year's Day. In an 8-7 decision, it struck down a contentious amendment to a Basic Law that had stripped the court of its authority to overturn government decisions on the basis of "reasonableness."

The court's decision was unprecedented: it had never before invalidated one of Israel's Basic Laws, which serve as an informal constitution, or an amendment to such laws. The decision was made due to the "severe" and "unprecedented" threat the law posed to Israel's fundamental democratic nature. This decision gives the court the power to once again counter government decisions, as it did when it blocked a convicted tax fraudster from serving in the cabinet.

Under normal circumstances, this decision could have led to a constitutional crisis, or worse. "If we didn't have the (Hamas) war, we would have had an internal war and we've avoided that," said Reuven Hazan, a professor of political science at the Hebrew University of Jerusalem, in an interview with CNN.

During a CNN interview in July, Israeli Prime Minister Benjamin Netanyahu declined to commit to following a Supreme Court decision that went against him. Now that the decision has been made, the typically combative leader has chosen to remain silent.

Amit Segal, chief political analyst at Israels Channel 12, suggests that Netanyahu's allies could have previously compelled him to respond, but are unable to do so now due to the ongoing war. After the war, Segal believes that Netanyahu will have more pressing concerns to address.

The President of the Israeli Supreme Court, Esther Hayut, and all fifteen judges gathered at the court premises in Jerusalem on September 12, 2023, to hear petitions against the 'reasonableness clause'. The clause, passed by Israel's hardline government through parliament in July, is a key component of a controversial judicial overhaul that has sparked widespread protests and caused division within the nation. The amendment aims to limit the powers of the top court to review and potentially overturn government decisions, a move that opponents argue could pave the way to authoritarianism. (Photo by DEBBIE HILL / POOL / AFP) (Photo by DEBBIE HILL/POOL/AFP via Getty Images)

Debbie Hill/AFP/Getty Images

What we know about Israels Supreme Court ruling on Netanyahus judicial overhaul

Netanyahu's most prominent policy during his recent time as prime minister was the judicial overhaul package. The Supreme Court's rejection of the one law he managed to pass is a personal blow to him and a setback for his government's controversial right-wing agenda.

However, as Segal points out, Netanyahu is facing even bigger challenges at the moment. Since October 7, his reputation as "Mr. Security" has been severely damaged. In addition to leading the counteroffensive against Hamas in Gaza, he is now also fighting for his own political survival, with recent polls from Israel Channel 13 indicating that he would lose his position if an election were to take place tomorrow.

Yariv Levin, the Justice Minister under Netanyahu and the mastermind behind the judicial overhaul plans, was the one who finally spoke up. He criticized the timing of the decision, pointing out that it was not within the Supreme Court's control due to the upcoming retirement of two judges. He stated that this decision was contrary to the unity that the country currently needed.

Opponents of the bill also accepted the ruling positively. Benny Gantz, leader of the National Unity political bloc and a member of the war cabinet, emphasized the importance of respecting the verdict and advocated for avoiding reopening past wounds. "We are all in this together," he stated. "We share a common destiny."