Israeli lawmakers on Monday approved a key portion of Prime Minister Benjamin Netanyahu’s divisive plan to reshape the country’s justice system.

The vote came after a stormy session in which opposition lawmakers chanted “shame” and then stormed out of the chamber.


What You Need To Know

  • Israeli lawmakers on Monday approved a measure that prevents judges from striking down government decisions on the basis that they are “unreasonable"

  • The vote reflected the determination of Prime Minister Benjamin Netanyahu and his far-right allies to move ahead with the plan, despite massive, sustained protests for months and opposition from business leaders, military reservists and legal officials

  • Proponents say the current “reasonability” standard gives unelected judges excessive powers over decision-making by elected officials

  • Critics of the government says it removes a key element of the court's oversight powers and opens the way for corruption and improper appointents

It reflected the determination of Netanyahu and his far-right allies to move ahead with the plan, which has tested the delicate social ties that bind the country, rattled the cohesion of its powerful military and repeatedly drawn concern from its closest ally, the United States.

“This is a watershed moment for Israel and its own history,” said Brian Katulis, vice president of policy at the Middle East Institute, in an interview with Spectrum News. “It could throw the whole country into a legitimacy crisis, a political legitimacy crisis, with its own system.” 

The overhaul calls for sweeping changes aimed at curbing the powers of the judiciary, from limiting the Supreme Court’s ability to challenge parliamentary decisions to changing the way judges are selected. Netanyahu and his allies say the changes are needed to curb the powers of unelected judges.

Protesters, who come from a wide swath of Israeli society, see the overhaul in general as a power grab fueled by personal and political grievances of Netanyahu — who is on trial for corruption charges — and his partners.

In Monday’s vote, lawmakers approved a measure that prevents judges from striking down government decisions on the basis that they are “unreasonable.”

With the opposition out of the hall, the measure passed by a 64-0 margin.

After, Justice Minister Yariv Levin, the architect of the plan, said parliament had taken “first step in an important historic process” of overhauling the judiciary.

More mass protests are now expected, and the Movement for Quality Government, a civil society group, immediately announced it would challenge the new law in the Supreme Court.

The grassroots protest movement condemned the vote, saying Netanyahu’s “government of extremists is showing their determination to jam their fringe ideology down the throats of millions of citizens.”

“No one can predict the extent of damage and social upheaval that will follow the passage of the legislation,” it said.

Earlier, demonstrators, many of whom feel the very foundations of their country are being eroded by the government’s plan, blocked a road leading up to the parliament, and big mall chains and some gas stations shuttered their doors in protest.

Further ratcheting up the pressure on Netanyahu, thousands of military reservists have declared their refusal to serve under a government taking steps that they see as setting the country on a path to dictatorship. Those moves have prompted fears that the military’s preparedness could be compromised.

Ahead of Monday’s vote, opposition leader Yair Lapid had declared: “We are headed for disaster.”

“I don't think that they have a fully mapped-out gameplan of where this is all going,” Katulis said. “But I think at its core, a lot of what motivates Netanyahu to do this is to save his own personal hide, or to try to protect himself from some of the investigations that the judicial authorities are involved with on his record in office.” 

The vote came only hours after Netanyahu was released from the hospital, where he had a pacemaker implanted.

His sudden hospitalization added another dizzying twist to an already dramatic series of events, which were watched closely in Washington. The Biden administration has frequently spoken out against Netanyahu's government and its overhaul plan. In a statement to Axios on Sunday, President Joe Biden warned against pushing ahead with the legal changes that were sparking so much division.

“Given the range of threats and challenges confronting Israel right now, it doesn’t make sense for Israeli leaders to rush this — the focus should be on pulling people together and finding consensus,” the president told the outlet.

"As a lifelong friend of Israel, President Biden has publicly and privately expressed his views that major changes in a democracy to be enduring must have as broad a consensus as possible," White House press secretary Karine Jean-Pierre said in a statement on Monday. "It is unfortunate that the vote today took place with the slimmest possible majority. We understand talks are ongoing and likely to continue over the coming weeks and months to forge a broader compromise even with the Knesset in recess."

"The United States will continue to support the efforts of President Herzog and other Israeli leaders as they seek to build a broader consensus through political dialogue," Jean-Pierre added.

Biden has also been critical of the government's steps to deepen Israel's occupation of the West Bank.

In what appeared to be a significant step in Biden and Netanyahu’s recently tense relationship, the two leaders spoke on the phone last week. The White House confirmed after the call  that the U.S. president invited the Israeli prime minister to meet in-person in the U.S. this year, although they would not say if the meeting would take place at the White House specifically.

White House visits are typically standard protocol for Israeli prime ministers, and the delay in Netanyahu receiving one has become an issue in Israel, with opponents citing it as a reflection of deteriorating relations with the U.S.

Jean-Pierre on Monday said U.S. and Israeli officials are still working to try to “figure out a time to make that happen,” adding that Biden and Netanyahu will continue to have “honest conversations” and open dialogue. 

The massive, sustained democracy protests have shunned mention of Israel's 56-year occupation of lands the Palestinians seek for their hoped-for independent state, fearing the issue might alienate supporters. But critics portray this rule over another people as a major stain on Israel’s claim to be a liberal democracy and accuse the protesters of harboring a significant blind spot in their struggle.

As lawmakers debated, tens of thousands of people gathered for mass rallies for and against the plan.

Protesters banging on drums and blowing horns blocked a road leading to Israel’s parliament, or Knesset, and police used water cannons to push them back. The protest movement said one of its leaders was arrested.

“The state of Israel stands before destruction and ruin that is being brought upon it by a gang of extremists and kooks. We must go up to Jerusalem today!” one branch of the protest movement called out to demonstrators on social media.

Netanyahu's supporters, meanwhile, thronged central Tel Aviv — normally the setting for anti-government protests.

Despite the attempts to project business as usual, Netanyahu's schedule was disrupted by his hospitalization, with a Cabinet meeting and trips postponed. His doctors said Sunday the procedure had gone smoothly and the prime minister said in a short video statement from the hospital late Sunday that he felt fine.

Netanyahu paused the overhaul in March after intense pressure by protesters and labor strikes that halted outgoing flights and shut down parts of the economy. After talks to find a compromise failed last month, he said his government was pressing on with the overhaul.