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Home Hot Topic Smotrich Warns High Court Amid Pro-Government Rally

Smotrich Warns High Court Amid Pro-Government Rally

by Cecilia

Thousands of government supporters gathered outside the Supreme Court in Jerusalem on September 7, 2023, to show their backing for the coalition’s efforts to reform the judiciary, particularly in anticipation of crucial High Court of Justice hearings regarding these reforms. Finance Minister Bezalel Smotrich and other ministers warned the High Court against nullifying parts of the coalition’s legislative package aimed at reducing judicial influence, with Smotrich cautioning Chief Justice Esther Hayut not to overturn the law.

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While official turnout figures were not provided, it was estimated that around 10,000 people attended the protest, which was smaller than previous pro-government demonstrations and significantly smaller than the mass anti-reform rallies held in Tel Aviv.

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Some of the demonstrators were seen wearing stickers expressing support for controversial figures, including Jewish terrorists like Baruch Goldstein, Amiram Ben Uliel, extremist rabbi Meir Kahane, and Yigal Amir, the assassin of former Prime Minister Yitzhak Rabin. Many held signs with pictures of Attorney General Gali Baharav-Miara, Chief Justice Hayut, and former Prime Minister Ehud Barak, with captions referring to “the ruling elite.”

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Several protesters dressed as bananas, symbolizing their view that the country’s government had no real authority. Supporters of the judicial overhaul argued that the courts had overstepped their bounds and encroached on the power of elected officials.

Signs were displayed outside the Supreme Court stating, “The Supreme Court won’t decide over the [will of the] people.”

The rally preceded a High Court hearing scheduled for September 12 on petitions challenging the “reasonableness law,” which is part of the government’s judicial reform package. This law prevents courts from intervening in government and ministerial decisions based on their “reasonableness.” Another hearing on September 28 would address petitions against a law protecting prime ministers from forced recusal.

Both pieces of legislation involve amendments to Israel’s quasi-constitutional Basic Laws, which have never been voided by the High Court. Finance Minister Smotrich warned that nullifying a Basic Law would be a deviation from the court’s authority and the end of democracy.

Settlements Minister Orit Strock accused those opposing the reform of seeking dictatorship rather than democracy, while Public Diplomacy Minister Galit Distel Atbaryan warned Attorney General Baharav-Miara that she would have to contend with her and millions of other Israelis.

Minister for the Advancement of Women May Golan pledged to resist the High Court if it invalidated coalition legislation, emphasizing her commitment to fight for reforms.

One of the rally’s organizers warned of potential “chaos” if the High Court struck down the reasonableness law, asserting that in a democratic country, the government and Knesset had the final say.

Knesset Speaker Amir Ohana suggested that the coalition might not accept a ruling against the reasonableness law, warning that such a decision could lead to a constitutional crisis over which branch of government had the ultimate authority.

The High Court had rejected a government request to postpone the September 12 hearing on the reasonableness law, which prohibits courts from reviewing government actions based on the standard of reasonableness.

Opponents of the law argued that it could undermine the independence of senior law enforcement agencies by making it difficult to challenge arbitrary dismissals of officials. Supporters, however, contended that it was necessary to prevent the High Court from imposing its own worldview on government decisions.

The High Court would also hear petitions against Justice Minister Yariv Levin’s refusal to convene the Judicial Selection Committee, a move aimed at reshaping the committee to give the coalition more control over judicial appointments.

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