The High Court of Justice today (Sunday), with an expanded panel of 11 judges, heard petitions against changing the composition of the Judicial Selection Committee, an amendment to the Basic Law that is a central part of the legal reform announced by Justice Minister Yariv Levin.
The panel of judges was expanded to include 11 judges, including Yitzhak Amit, Noam Solberg, Dafna Barak-Erez, David Mintz, Yael Wilner, Ofer Grosskopf, Gila Kanfi-Steinitz, Khaled Kabob, Yechiel Kasher and Ruth Ronen.
Some of the judges wondered why the law stipulated that representatives of the Bar Association would not take part in the composition of the committee for selecting judges. The representative of the legal advice, Attorney Yitzhak Bert, claimed that the places of the members of the Bar Association would be filled by other jurists.
Judge Yitzhak Amit said during the hearing: "We are not allowed to look at the law in a two-three year timeframe." According to him, "Every year we will have judges who are elected only by a political party. And so the benches of the Supreme Court will be filled - so that within 15 years the judicial system in Israel will change completely, I say this as a question, and a political chip will be implanted in the body of every judge whether he wants it or not. Doesn't this harm the independence of the judicial system? That is the question.".
MK Tali Gottlieb was removed from the courtroom after she stormed into the hearing. As she was being removed, she shouted at the judges: "You should be removed from the committee to select judges.".
When Judge Barak-Erez said: "There will be a large pool of judges who will not be elected to the Supreme Court because they have no political affiliation. This creates a situation that does not currently exist" - a citizen from the audience stood up and burst out shouting: "How can it not exist? With your agenda and your family, how can it not exist??? In the "change" government, you did not issue a single injunction on their appointments!
""Are you not political?! You are the most political! The most political!! Shame on you! Shame and disgrace! Aharon Barak said: Only from our family! From our color, from our opinions! Shame!!!""
The civilian was removed from the hall.
Motti Castel, who was reported from the Supreme Court, said: "This is a scandal! From the first hour of the hearing, you can understand which direction the judges are going. They want to bury even the minor amendment, the very least that remains of the legal reform. A small group that appoints itself. The rule of the officials in the State of Israel.".
Finance Minister Bezalel Smotrich said in response to the High Court hearing: "Beyond this hill, 11 detached people sit, in black robes, and think they are allowed to invalidate a Basic Law enacted by the Israeli Knesset. The amendment to the Basic Law of the Judiciary that changed the method of selecting judges, the method by which they and their friends are chosen.".
He said, "The Knesset enacted this law with authority and permission, democracy belongs to the people, they are the sovereign. I say to the Supreme Court justices - don't you dare. We will not practice this abomination under any circumstances, we will not normalize this abomination under any circumstances. You have no right, you have no authority to invalidate basic laws of the Knesset.".
Smotrich added: "Take your hands off Israeli democracy. If you want to influence how judges are elected, take off your robes, establish a party, run for the Knesset, and if you receive trust from the people, you can be part of the game. Until then, the country belongs to the people, they are the sovereign. Don't you dare destroy Israeli democracy.".
Foreign Minister Gideon Sa'ar: "The amendment that I led, together with Justice Minister Levin, to the law on the Judicial Selection Committee was very moderate and balanced. It was not at all similar to the original proposal brought by the Justice Minister on January 4, 2023, which included an absolute majority for the coalition and government representatives on the committee. It was enacted, by a large majority, over a year ago, with a delayed application: starting with the next Knesset.".
""The law is built on consensus. It includes a rare and unusual balance in veto power between the coalition and the opposition in the committee. It also gives veto power to the representation of Supreme Court judges in the committee for all instances, except one: the one in which they serve.".
""This is precisely the core of the discussion in the Supreme Court today: preserving the power of Supreme Court justices to serve as selectors who determine who will come through its gates.".
""Forcible invalidation of the law by the High Court judges would not only be baseless, but also extremely short-sighted. It would be a continuation of the refusal to reach an agreement on the election of judges to the Supreme Court in this term, following which it was enacted.".
""President Amit's comment in the debate regarding his preferred committee composition instead of the one the Knesset enacted places the court in the Knesset's shoes. This is inconsistent with basic respect for the legislative branch and the powers vested in it.".
""Anyone with eyes in their head understands well: an approach that rejects compromises and moderate reforms will lead to radical reforms in the future.".
