Israel's "Threat to Democracy?"
The American "aroma" over how Israel's proposed judicial reforms "threaten democracy," and why it matters
You’d be forgiving for not noticing what’s happening in the Middle East’s only democracy, Israel. But hundreds of thousands of Israeli citizens have taken to the streets, some engaging in violence, over proposed judicial reforms by its majority government, led by Prime Minister Binyamin Netanyahu.
It’s worth paying attention to because many of the same accusations are hurled at almost anyone in the USA for daring to increase the accountability of government officials. You know, “threat to democracy!”
Emotional appeals from protesting Israeli citizens are now flowing into American social media, often one-sided, to help influence public opinion and perhaps force official US action. The US government has enormous influence over Israel. Former New York City Mayor and wealthy former Presidential candidate Michael Bloomberg has weighed in, opposing the reforms and applauding investors for pulling back.
What’s going on here, and why should we care?
Two things come to mind - see reference to “ the Middle East’s only democracy” above and this story about how Iran, which has pledged repeatedly to destroy Israel, is days away from enough fissionable material to construct nuclear weapons. So much for the Obama-Biden “Joint Comprehensive Plan of Action” that only delayed Iran’s development of nuclear weapons and the Biden Administration’s proposed $90 billion bailout to Iran’s mullahs.
And get this: Russia is facilitating the JCPOA negotiations since Iran won’t sit down at the negotiating table with Biden Administration officials (Trump withdrew from the agreement). Meanwhile, Russia is buying destructive kamikaze drones from Iran in its invasion of Ukraine. Crazy, I know. US Senator Ted Cruz (R-TX) has asserted that the US is, in effect, subsidizing both sides of the Russia-Ukraine conflict. He’s not wrong. Congressional Democrats who breast-beat their allegiance to Ukraine are noticeably silent.
Israel is arguably more deeply politically divided than the United States. A multi-party democracy with a parliamentary system of government, it has experienced some five elections in four years. Putative prime ministers, from Netanyahu to Benny Gantz to Naftali Bennett to Yair Lapid, have been largely unable to cobble together and maintain a majority government. Until now. Late last year, Israel’s longest-serving Prime Minister, Netanyahu, returned to office with a 63-member coalition government (it takes 61 to form a government). He cut deals with several “ultra-orthodox” parties, including offering key positions to sometimes controversial Members of their parliament, the Knesset.
The controversies began right away, some based on falsehoods. But the judicial reforms represent a serious threat to the stability of Israel’s democracy, symbolized most recently by military reservists threatening not to report to duty in protest. When you’re surrounded by enemies sworn to your destruction, that matters.
Here’s what you need to know, at the risk of being overly simplistic.
First, like Great Britain, Israel has no real “constitution” as we know it in the United States, although its judiciary has unilaterally asserted one. Its Supreme Court can veto the introduction of new judges. Its Supreme Court selects its members with the power to veto the selection of new judges. It would be like our Supreme Court refusing to admit a duly nominated and confirmed Justice. THAT would be a “threat to democracy.”
They are, in effect, accountable to no one.
Nearly everyone agrees that judicial reform is necessary. But the Netanyahu-led coalition went too far by stripping the court of its power of “judicial review” over Knesset actions (declaring laws “unconstitutional”). Imagine our Supreme Court being stripped of the authority to declare acts of Congress (or the Executive) unconstitutional, which they’ve done numerous times, starting with Marbury vs. Madison. The government claims to impute review power solely in the nation’s Supreme Court but gives the Knesset “override” power.
It also creates a special “judicial appointment committee” with judicial representation to pick judges.
The process of picking judges here is up to the Executive to nominate with the US Senate infused with the power to “advise and consent.” Senators can no longer “filibuster” judicial nominations - a simple majority must confirm federal judges.
In some states, such as Virginia, the legislature has the sole power to pick judges. Supreme court justices and judges are popularly elected in other states, like Pennsylvania and North Carolina.
The good news is that Israel’s head of state, its President, Isaac Herzog, reports a compromise agreement is close. Let’s hope they are successful, especially on the issue of judicial review, and soon, since the clock is ticking on Iran’s ability to assemble its first nuclear weapon. Israel doesn’t need the distraction. Neither do we.