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The One Question the Coalition Won’t Ask: What’s Best for Israel?

The term “judicial overhaul” was always misleading. What this extremist coalition is after is an Israel overhaul. Neutering the Supreme Court is simply the instrument to get there.
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July 25, 2023
Amir Levy/Getty Images

In all the statements and arguments I’ve read from Israel’s coalition in support of its controversial judicial overhaul, I still haven’t seen one that answers this simple question: What’s best for Israel?

I’ve heard plenty of arguments that have danced around the question — the Supreme Court has grabbed too much power and reforms are long overdue; important segments of Israeli society have felt disenfranchised; the coalition was democratically elected and has the right to pass these laws, and so forth.

None of these arguments, however, have hit the bullseye: These reforms are good for the country!

Of course, this shouldn’t shock us. Put yourself in the shoes of a coalition member like Shas MK Aryeh Deri, the convicted felon who needs these reforms to regain his seat in the Cabinet; or Bezalel Smotrich, the far-right maximalist who needs these reforms to advance his dream of annexing the West Bank; or the Haredi parties who need these reforms to codify into law that Haredim will forever be absolved from military service; or Prime Minister Benjamin Netanyahu, who could certainly use these reforms to help him with his criminal trial.

Clearly, these goals are rooted not in the national interest but in narrow and personal agendas. There’s a good reason why this government has been called the most extremist in Israel’s history— it’s very much about narrow and personal agendas.  

Seen in that context, the judicial reforms are just a means to push through these agendas without any High Court getting in the way. The extremists know that while they’re ramming through a fundamental judicial overhaul that impacts all Israelis, the benefits will accrue mostly to them. A long and proper process of reaching a national consensus is hardly in their interest.

Haredi parties, for example, may love the idea of the state pouring more secular tax money into their communities and yeshivot, but they’re not naïve enough to think that secular Israelis will believe it’s good for the country.

Similarly, Smotrich and his ilk may believe intensely that every inch of Judea and Samaria must remain in Jewish hands for eternity, but they’re no fools. They know that a significant segment of Israelis believe it will endanger the future of Israel as a Jewish democracy.

Let’s face it, the term “judicial overhaul” was always misleading. What this extremist coalition is after is an Israel overhaul. Neutering the Supreme Court is simply the instrument to get there, which is why the very idea of a “broad consensus” threatens them.

No wonder the coalition has been avoiding the only question that really matters: What’s best for Israel? They know they can’t make that case, so they must divert our attention.

They’re not blind. They’ve seen hundreds of thousands of fellow Israelis from all walks of life demonstrating for 30 straight weeks. What can they tell them — you’re all wrong? Trust us, our reforms are really good for the country? And please don’t pay attention to the damaging repercussions to our economy and national security that our moves have triggered?

Who are we kidding?

It’s not an opinion but a plain fact that Bibi and his Likud party have neglected the national interest by pushing through a divisive overhaul they know goes too far. We hear now that some of those Likud MK’s may have woken up. According to JPost, seven of them “expressed their views or were quoted in private conversations as advocating for further judicial reforms only if there is broad consensus.”

Gee, thanks. A little late, I would say. You watched your country tear itself apart for seven long months, potentially leaving lasting scars, and now you finally speak up? After you pass the first bill that led to the turmoil in the first place? Saying now what you should have said seven months ago— “only if there is broad consensus”— is not courageous. It’s lame.

It doesn’t have any easy answers, but in these times of unprecedented turmoil in the Jewish state, “deep and thought-provoking” may be the one thing we know for sure is best for Israel. 

For those of us who love Israel, this has been a painful and disillusioning time. But regardless of how strongly we feel one way or another, we still need help making sense of it all. I’m glad to say that our cover story this week, from our writer in Jerusalem Matthew Schultz, is as deep and thought-provoking as any commentary I’ve read on the subject.

It doesn’t have any easy answers, but in these times of unprecedented turmoil in the Jewish state, “deep and thought-provoking” may be the one thing we know for sure is best for Israel.

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