Israeli opposition heads reject judicial selection bill compromise

Members of Likud and other coalition MKs criticize the compromise and demand the original law.

 Yesh Atid MK Yair Lapid is seen gesturing at the Knesset, in Jerusalem, on March 20, 2023. (photo credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)
Yesh Atid MK Yair Lapid is seen gesturing at the Knesset, in Jerusalem, on March 20, 2023.
(photo credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)

Leaders of nearly every one of Israel's opposition parties on Monday criticized the coalition's decision to unilaterally "soften" its controversial bill regarding the Judicial Selection Committee, whereby the coalition would control only the first two High Court of Justice appointments per Knesset term, instead of all appointments.

"Instead of judges, they will have cronies," opposition leader MK Yair Lapid said ahead of his Yesh Atid Party's weekly faction meeting. "This is not a compromise, it is a hostile political takeover of the judicial system. This is what we warned of from day one," he said.

"This is not a compromise, it is a hostile political takeover of the judicial system. This is what we warned of from day one."

Yair Lapid

Lapid pledged that the moment the bill passed his party would appeal to the High Court of Justice against it.

"The basis for the appeal will be simple: If this law passes, Israel ceases to become a democracy," he said.

Lapid said he would refuse to enter negotiations during the Knesset's Passover recess if the judicial appointment bill passes into law.

National Unity chairman MK Benny Gantz said the same.

"Even if the legislation stops – we will not enter a negotiating room in which the Judicial Selection Committee is not on the agenda."

Benny Gantz
 Labor MK Merav Michaeli is seen speaking at the Knesset, in Jerusalem, on March 20, 2023. (credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)
Labor MK Merav Michaeli is seen speaking at the Knesset, in Jerusalem, on March 20, 2023. (credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)

"Even if the legislation stops – we will not enter a negotiating room in which the Judicial Selection Committee is not on the agenda," he said.

"I call on decent jurists not to run for a High Court seat if the legislation passes – do not agree to be appointed as judges of the coalition instead of judges of the State of Israel, with a mark of Cain on your forehead," Gantz said.

Yisrael Beytenu chairman MK Avigdor Liberman called the proposal "deceitful" and "contrary to all of Israel's liberal and democratic values."

Liberman said that his party would also appeal to the High Court against "crazy laws" that the coalition is promoting, and added that "every crisis is an opportunity" and therefore "now is the time to write a constitution and constitutional court for the State of Israel."

Hadash-Ta'al's Ahmad Tibi said during his party's faction meeting that the proposal "entrenched the fact that the coalition will have judges and the opposition will have judges.

"We oppose this politicization of the judicial system. The judicial system needs real reform that will anchor equality into law, and cancel the built-in discrimination in the judicial system against Arabs."

Labor chair MK Merav Michaeli said, "This is not a 'compromise' nor is it a 'softening' - it is Hungary and Poland on steroids."

"This is the exact opposite of the principle of separation of powers. This is total politicization of the branches of government. Another spin from Netanyahu's non-stop spin machine, and we must not fall into this trap," Michaeli added.

What did the coalition have to say?

MKs from the coalition criticized the "softening," as it still left an opening for the courts and opposition to enjoy veto power from the third judge appointed in one Knesset term and onwards.

Likud ministers and MKs to make this argument publicly or on social media included May Golan, David Amsalem, Danny Danon, Moshe Sa'ada, Tali Gottliv, Hanoch Milvetsky and others. Golan even threatened that she would not vote to support the bill if it remained based on the new proposal.

The Likud held a closed-door party meeting on Monday afternoon. The meeting was only open to Likud ministers and MKs. Advisers, media and even mayors were not allowed near the meeting room, as the Likud was weary of constant leaks and recordings that emerged from the meetings in recent weeks.

MKs from Otzma Yehudit, including MK Almog Cohen and Yizhak Kroyzer, and Noam MK Avi Maoz also criticized the new proposal. Maoz announced that in the coming week he would not commit to coalition discipline, and would vote as he saw fit. He explained his decision as coming both because of the new proposal and what he argued was the government's insufficient response to recent terror attacks.