Judicial Reform Will Remain on Israel’s Agenda Even after Netanyahu Leaves Office

June 12 2019

To many observers, the Israeli prime minister’s recent interest in constraining the outsize power of the Supreme Court results from his desire to avoid indictment on corruption charges. Perhaps so, writes Evelyn Gordon, but the Israeli right has been pushing for legal reform well before Benjamin Netanyahu took up the idea, and its reasons for doing so go far beyond the political exigencies of the moment. Take, for instance, the experience of Moshe Kaḥlon, leader of the center-right Kulanu party:

Kaḥlon . . . entered the cabinet in 2015 vowing to thwart any effort to curb the legal system’s power. In his coalition agreement with Likud, he even demanded and received veto power over such legislation. And he exercised his veto repeatedly, inter alia killing bills to change the judicial appointments system and to let the Knesset reenact legislation overruled by the courts.

But after April’s election, Kaḥlon’s Kulanu party signaled that it would no longer thwart such efforts, [for] two reasons. . . . First, even Kulanu voters—the most moderate segment of the center-right electorate—objected to Kaḥlon’s defense of the legal status quo. In April’s election, Kulanu dropped from ten Knesset seats to four, and the party’s internal polling found that its repeated vetoes of legal reforms were a major reason why. Many rightists simply won’t vote for anyone opposed to legal reform.

Second, Kaḥlon, [while serving] as finance minister, acquired firsthand experience of the way the Supreme Court prevents governments from governing by repeatedly overturning decisions it deems “unreasonable”—a judgment other democracies leave to voters. [Specifically], the court overruled Kaḥlon’s flagship policy: . . . Kaḥlon had won election by promising to lower Israel’s cost of living, particularly its astronomical housing prices. He therefore enacted a special tax on third apartments, arguing that making it more expensive to buy housing for investment purposes would cool demand and thereby lower prices. . . . [T]he court overturned it, claiming the legislative process was “flawed.” . . .

After more than three decades of such rampant judicial activism, too many right-leaning legislators and voters have similar stories of policies they cared about being nixed . . . merely because unelected justices or an unelected attorney general decided to substitute their own policy judgments for those of the elected government.

Read more at Evelyn Gordon

More about: Benjamin Netanyahu, Israeli politics, Moshe Kahlon, Supreme Court of Israel

Israel Must Act Swiftly to Defeat Hamas

On Monday night, the IDF struck a group of Hamas operatives near the Nasser hospital in Khan Yunis, the main city in southern Gaza. The very fact of this attack was reassuring, as it suggested that the release of Edan Alexander didn’t come with restraints on Israeli military activity. Then, yesterday afternoon, Israeli jets carried out another, larger attack on Khan Yunis, hitting a site where it believed Mohammad Sinwar, the head of Hamas in Gaza, to be hiding. The IDF has not yet confirmed that he was present. There is some hope that the death of Sinwar—who replaced his older brother Yahya after he was killed last year—could have a debilitating effect on Hamas.

Meanwhile, Donald Trump is visiting the Persian Gulf, and it’s unclear how his diplomatic efforts there will affect Israel, its war with Hamas, and Iran. For its part, Jerusalem has committed to resume full-scale operations in Gaza after President Trump returns to the U.S. But, Gabi Simoni and Erez Winner explain, Israel does not have unlimited time to defeat Hamas:

Israel faces persistent security challenges across multiple fronts—Iran, the West Bank, Yemen, Syria, and Lebanon—all demanding significant military resources, especially during periods of escalation. . . . Failing to achieve a decisive victory not only prolongs the conflict but also drains national resources and threatens Israel’s ability to obtain its strategic goals.

Only a swift, forceful military campaign can achieve the war’s objectives: securing the hostages’ release, ensuring Israeli citizens’ safety, and preventing future kidnappings. Avoiding such action won’t just prolong the suffering of the hostages and deepen public uncertainty—it will also drain national resources and weaken Israel’s standing in the region and beyond.

We recommend launching an intense military operation in Gaza without delay, with clear, measurable objectives—crippling Hamas’s military and governance capabilities and securing the release of hostages. Such a campaign should combine military pressure with indirect negotiations, maximizing the chances of a successful outcome while minimizing risks.

Crucially, the operation must be closely coordinated with the United States and moderate Arab states to reduce international pressure and preserve the gains of regional alliances.

Read more at Jerusalem Institute for Strategy and Security

More about: Gaza War 2023, Hamas, Israeli strategy