Israel's Supreme Court has struck down part of Prime Minister Benjamin Netanyahu's judicial overhaul plan, a move that could further compound the country's constitutional and political crisis amidst the ongoing conflict with Hamas. In July, the polarizing law drew massive protests and dissent due to its severe restrictions on the Supreme Court's oversight of the government. Today's ruling marks the first time all 15 Supreme Court justices have convened to hear a case and the first time they have invalidated a basic law or its amendment.
The contested legislation, known as the 'reasonableness bill,' aimed to remove the Supreme Court's power to overturn government decisions based on reasonableness. An example cited was the government's push for Aryeh Derry, leader of the Shus Party, with multiple convictions including tax fraud, to serve as a minister. The Supreme Court deemed it unreasonable and blocked the appointment. The court's decision to strike down this law now restores its authority to evaluate government actions against the grounds of reasonableness.
The verdict presents a challenge for Netanyahu, as his justice minister and chief proponent of the judicial overhaul, Yariv Levin, criticized the timing of the ruling amid the ongoing war with Hamas, emphasizing the need for unity. Meanwhile, far-right National Security Minister Itamar Ben-Gvir has labeled the decision as illegal and contested the court's intervention. Benny Gantz, former opposition member and current member of the War Cabinet, has urged respect for the verdict.
Notably absent from the discourse, however, is Prime Minister Netanyahu's response. The leader, who has previously evaded direct answers on whether he would abide by the Supreme Court's decisions, has yet to publicly express his stance on this ruling. This silence fuels speculation about a looming constitutional crisis should Netanyahu choose not to comply.
Despite these implications, the immediate focus for Israel remains on the ongoing war against Hamas. A senior U.S. official observed that Israel's announcement of a troop drawdown in Gaza suggests a transitioning into a lower intensity phase of the conflict. This development aligns with U.S. efforts to encourage Israel to exercise greater caution regarding civilian casualties in Gaza. Around 20,000 troops will be permitted to return home to recover, retrain, and provide a boost to the Israeli economy, which has suffered as essential workers were diverted to the war effort.
While the north of the Gaza Strip may witness a reduction in intensity, the war continues elsewhere until Israel achieves its objectives. As Israel grapples with the legal implications of the Supreme Court ruling, the focus for the time being will remain on the conflict with Hamas. The aftermath of the war may usher in renewed debates and potential divisions within Israeli society.
