In a day of unrest on the streets and in the halls of power alike, Israeli lawmakers on Monday passed a major change in law to weaken the judiciary, capping a months-long campaign by the right-wing ruling coalition that has pitted Israelis against each other with rare ferocity.
Protesters outside the Knesset, the Israeli parliament and opposition lawmakers shouted that the change was a fatal blow to the rule of law, civil rights and democracy. The members of the union countered that the judiciary has threatened democracy and said that they are ready to take further steps to curb this.
The fight over the law, which prompted the most widespread demonstrations in the country’s history, reflects a deep divide between those who want a more distinctly Jewish and religious Israel and those who want to preserve a more secular, pluralistic society.
The move strips Israel’s Supreme Court of its power to deem government actions and appointments “unreasonable,” a practice Prime Minister Benjamin Netanyahu’s right-wing ruling coalition says has effectively given the court veto power over the will of the majority. Still on the coalition agenda are plans to give the government more power over the selection of Supreme Court justices, among other changes.
“From now on, Israel is a little more democratic, a little more Jewish, and we will be able to do more in our offices,” National Security Minister Itamar Ben-Gvir told reporters. “With God’s help, this is just the beginning.”
Opponents say that in a nation with a unicameral parliament and no written constitution, the court’s power only checks unjust rule by the majority. They say Monday’s change clears a major hurdle for the government – the most right-wing, nationalist and religiously conservative in the country’s history – and could potentially be used to derail Mr Netanyahu’s corruption trial.
Critics of the overall judicial overhaul package proposed by the government fear it could end up, if enacted, accelerating West Bank settlement construction, including some or all of the territory; restricting the rights of non-Jews; expanding the power of rabbinical leaders; and allowing discrimination against LGBTQ people and women. Mr. Netanyahu has said that individual rights will be protected, but many Israelis no longer believe him.
“There is a clear and immediate danger before us: the continuation of repressive legislation, the appointment of political judges, the trampling of gatekeepers and the firing of the attorney general,” said Benny Gantz, the leader of the opposition Blue and White party, which oversees the prosecution of the prime minister.
Last-minute compromise talks were held hours before the vote, but ultimately collapsed and the ruling coalition decided to move on. The measure won final passage by a vote of 64 to 0 after all opposition members in the 120-seat Knesset walked out.
Protesters in Jerusalem clashed with security forces who fired water cannons, many businesses across the country closed in protest, Israel’s largest labor union threatened a general strike and, perhaps most ominously for the government, 10,000 military reservists threatened to resign, which could handle some of the tasks of the armed forces.
Protesters spent the night outside Parliament; Some stayed on the road for five days, sleeping in tents, and marched from Tel Aviv to Jerusalem. During the day, hundreds of anti-government protesters tried to block the roads leading to the building, some chained themselves together, and they blocked the Knesset’s main entrance. Police officers sprayed them with water hoses and foul-smelling liquid, arrested them and pushed them back.
Massive protesters marched through the rose garden next to the Knesset, around police barriers shouting, beating drums and trying to blow up noisemakers before police pushed them back. There was a buzz inside and it reached a fever pitch when the Prime Minister voted.
“I am here to stop the government from committing suicide,” said one protester, 60-year-old engineer Noam Shaham. “The government is trying to gain power without any control. We only have the judicial branch to stop them and they are trying to get rid of it.
Some government supporters paused long enough to engage in arguments – or shouting matches – with demonstrators before moving on.
Inside the Knesset, opposition lawmakers shouted down Defense Minister Yoav Galant, who publicly expressed reservations about the decision to go ahead with the legislation, mostly out of concern about the impact of reservists’ protests on military readiness — but voted for it.
During the debate on many of the proposed amendments before the final vote, he argued repeatedly on the floor of parliament, Yariv Levin, the justice minister considered the architect of the overhaul — though both of them were Mr. Belongs to Netanyahu’s Likud party.
After midnight, street demonstrations continued across the country. Officers on horseback tried to push protesters off the streets in Tel Aviv but were unable to, and some in the crowd set fires in the streets. Jerusalem police again fired water cannons at people gathered outside the Supreme Court building. Chaotic images dominate newscasts throughout the day and Monday night.
A day after undergoing an emergency procedure to implant a cardiac pacemaker, Mr. Netanyahu took a conciliatory tone in a televised address on Monday night. “We have one country, one home, one people,” he appealed to military reservists not to leave the service.
“In the coming days the coalition will contact the opposition with the intention of holding a dialogue between us,” the prime minister said, adding that the Knesset is scheduled to recess on Wednesday and will not reconvene until October. “We are ready to discuss everything, immediately and at leisure, and if more time is needed, until the end of November.”
Such promises rang hollow for his opponents, after months of fruitless talks on a compromise.
Opposition lawmakers pondered, without much apparent optimism, their prospects of blocking the law — for example by asking the Supreme Court to overturn a measure designed to regulate it.
After a year and a half out of power, Israel’s longest-serving prime minister, Mr. Netanyahu formed a government in December with parties on the fringes of the country’s politics. They include right-wing nationalists who want an ostensibly state for Jews and an expanded Israel that includes some or all of the West Bank, as well as ultra-Orthodox parties.
“Today, we saw the unprecedented weakness of Netanyahu,” opposition leader Yair Lapid said after the vote. “There is no prime minister in Israel. Netanyahu is the puppet of a string of messianic extremists.
Mr. Mr. Netanyahu said his party, which is supposed to govern, would make no compromises on the judiciary bill. Ben-Gvir said and claimed an “overwhelming mandate” for the government’s proposed changes in last November’s election.
But polls consistently show more Israelis oppose than support the judicial overhaul, and former heads of the security services have advised against it.
In addition to deeply dividing Israelis, the move has alienated some of Israel’s American allies, such as President Biden, who has repeatedly warned against it.
“As a lifelong friend of Israel, President Biden has expressed his views, both publicly and privately, that major changes in a democracy must have the broadest possible consensus to be tolerated,” his press secretary, Karine Jean-Pierre, said in a statement. “It is unfortunate that today’s vote took place with a very narrow majority.”
The Israeli opposition has said it will appeal to the Supreme Court to overturn the law, and rights groups have already asked the court to intervene. The measure amends one of Israel’s fundamental laws, which functions almost like a constitution. Experts said the court had never struck down the fundamental law point, and it was unclear whether the court would take up the matter.
Another idea floated was President Isaac Herzog’s refusal to sign the bill. He had tried to compromise thoroughly. But Mr. While Herzog’s role is largely ceremonial, it is unclear whether he will go through with the plan, and some experts doubt that the absence of his signature carries any legal weight.
Isabel Kershner Reported from Jerusalem Aaron Boxerman From London and Richard Perez-Pena From New York. The report was contributed Patrick Kingsley, Error Yazbek, Jonathan Rosen, Myra Noveck And Ronnie Robin From Jerusalem, and Gabby Sobelman From Rehovot, Israel.
