Israelis are bracing for a tense day on Tuesday as all 15 justices of the Supreme Court will convene in Jerusalem for a high-stakes hearing to consider petitions against the contentious reasonableness law curbing the top court’s power to exercise judicial review over government decisions and appointments.
Tuesday’s hearing — positioned as part of an unprecedented clash between the court and Prime Minister Benjamin Netanyahu’s government over its planned overhaul of the judiciary — is slated to start at 9 a.m. and will likely stretch well into the afternoon. No ruling is expected for several weeks or possibly months, but the session will be closely watched in Israel, with the justices’ questions offering a hint of what direction they may be leaning.
The crucial hearing comes after more than nine months of sustained, massive protests and fierce opposition to the hardline Netanyahu coalition’s bid to radically overhaul Israel’s judiciary, starting with the passage of the reasonableness law, which the government pushed through the Knesset in July.
The divisive law cancels the court’s ability to block government actions and appointments using the legal concept of reasonableness. Significantly, the law is an amendment to one of Israel’s quasi-constitutional Basic Laws and proponents of the legislation argue that the court has no right of judicial review over such laws.
The petitioners, an array of government watchdog and civil society organizations, argue that the Basic Law amendment severely harms Israel’s democracy.
Political tensions have flared ahead of the court hearing, in which — for the first time — the full panel of 15 judges will hear the petitions. Justice were reportedly issued added protection amid fears of disruptions and protests.
Israelis protest against plans by Prime Minister Benjamin Netanyahu’s government to overhaul the judicial system and in support of the Supreme Court, in Jerusalem, September 11, 2023. (AP/Ohad Zwigenberg)
Israel Police reportedly increased security on the basis of intelligence that protesters may try to block the judges from traveling to Jerusalem for the court session, Channel 13 news reported Monday. Some judges were spending the night away from home as a precaution against difficulties in reaching the Supreme Court building in the capital on Tuesday, the channel said.
In addition to the increased protection for the justices ahead of the hearing, there will also be tight security on Tuesday at the court building as another precaution against disruption, Channel 13 reported.
Supporters of the hardline coalition’s judicial overhaul are planning to demonstrate outside the judges’ homes early Tuesday morning, Channel 12 said.
Police were also preparing for the possibility that spontaneous rallies will break out outside the Supreme Court building and at the official Prime Minister’s Residence in Jerusalem during the hearing.
Authorities were also concerned that demonstrators from the opposing camps could clash with each other in the capital over the course of the day Tuesday.
An illustrative photo of a court room in the Supreme Court in Jerusalem. August 1, 2023. (Chaim Goldberg/FLASH90)
On Monday evening, tens of thousands of demonstrators rallied against the government’s plans in a show of support to the judicial system outside the Supreme Court in Jerusalem.
By Tuesday morning, Israel’s two main news channels began live broadcasts on the hearing as early as 6 a.m. but largely addressed other news for the first few hours.
The court faces massive public pressure to strike down the reasonableness law and has an inherent interest in preserving its powers and independence. But if it does, Netanyahu’s government could ignore the ruling, setting the stage for a constitutional crisis over who has ultimate authority.
Netanyahu and other members of his government have been noncommittal on whether they will respect a High Court ruling against the law, with several suggesting they would not while three ministers said Sunday that decisions by the court must be adhered to.
Anti-overhaul activists protest outside the Supreme Court in Jerusalem, September 11, 2023. (Noam Revkin Fenton/Flash90)
The law is the only component of the coalition’s broader judicial overhaul program that has been passed by the Knesset so far. It prohibits the courts from reviewing government action using the judicial standard of reasonableness, whereby it can determine that a decision was invalid because it was made without properly assessing key considerations, or while using improper considerations.
Like other parts of the radical agenda, it has faced massive opposition from protest groups and opposition parties.
Opponents of the law argue that it could potentially undermine the independence of senior law enforcement agencies, since without the reasonableness standard, it will be difficult to challenge arbitrary dismissals of officials.
Overhaul supporters have argued that the law is necessary to stop the High Court from asserting its own worldview on government decisions and actions, and have said that the dismissal of senior law enforcement officials will still be subject to other tools in administrative law.
