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

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

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden