It’s rare to see thousands of demonstrators show up week after week for any cause. But the stunning launch in January of a radical judicial overhaul in Israel is not just any cause.
Most people agree that reforms are needed to limit the power of the courts; the problem is that the overhaul went way too far in the other direction.
In its current form, the overhaul would allow all three branches of the government to effectively be controlled by the governing coalition. What this would mean, in essence, is that any coalition could enact any constitutional-type law with virtually no oversight from a gutted court. If it has a one-seat majority, a coalition could, for example, decide that everything can open on Shabbat, every Charedi must join the army and any part of the West Bank can be annexed to Israel. And since it would control all three branches, who would get in the way?
Whether you’re far right or far left or anywhere in between, this is a blatant power grab by ideologues intent on remaking Israel in their image. Hundreds of thousands of Israelis figured that out, which is why they haven’t stopped screaming for five months. The protests were so intense that Prime Minister Benjamin Netanyahu was forced to halt the process before Passover, to allow for negotiations at President Isaac Herzog’s house.
Whether you’re far right or far left or anywhere in between, this is a blatant power grab by ideologues intent on remaking Israel in their image.
Of the many issues that are currently being negotiated, perhaps the stickiest is deciding who picks the judges. Unlike in America, with its three independent branches of power, in Israel the ruling party already controls two branches—the executive and legislative. Adding the judicial branch would be heaven on earth for any power grabber.
But to control the judicial branch, the coalition needs to control who picks the judges. Let’s say there are nine votes in the selection committee. If the coalition can control 5 out of those 9 votes by assigning them to political cronies, it would effectively control the assignment of judges, which includes the all-important head of the Supreme Court, which comes open this Fall.
But first, you need those five votes. A majority of one is a majority of one; there’s not much room for compromise.
Is there a way to break that impasse? I think so.
In the spirit of President Herzog’s recent initiative, “Kol Ha’am—Voice of the People: The President’s Initiative for Worldwide Jewish Dialogue,” which aimed to “connect the Jewish people with constructive conversation,” I’d like to offer a constructive suggestion.
Make President Herzog the tiebreaking vote.
There’s no one better. He understands both sides, he represents all Israelis, and he’ll put the interest of the country first. Regardless of which political party is in power, the president is the ideal choice to break any tie.
Regardless of which political party is in power, the president is the ideal choice to break any tie.
There are plenty of other sticking points to negotiate, but it wouldn’t be a bad start to resolve the selection committee, which comes up for an important Knesset vote on Wednesday.
If you’re one of the ideologues who are disappointed that you won’t get to control all three branches of the government and do with Israel as you wish, just accept that you were mugged by reality.
That reality includes not just the protesters in Israel, but Israel lovers in Los Angeles who are not afraid to speak up– and even offer a suggestion or two.
