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What you need to know as Israel’s Supreme Court begins debating law limiting its power
(JTA) — For almost nine months, Israelis have been fighting over the future of their Supreme Court. Today, that battle has moved into the Supreme Court itself.
In July, Israel’s hardline right-wing governing coalition passed a law to weaken the court. Opponents of the law then filed legal challenges against it. That put the court in the uncomfortable, and unprecedented, position of ruling on itself: It can decide to uphold the law, strike it down, or send it back to parliament to be amended.
When Israelis on both sides of the debate warned that the country was headed to a constitutional crisis, this is what they meant. Today’s hearing is raising questions no one knows the answer to: What happens if the court strikes down the law, and the government doesn’t respect the court’s ruling? Who takes precedence — the court or the coalition?
For weeks, Israelis have been fiercely debating that question — and even members of Prime Minister Benjamin Netanyahu’s government are split on the issue. And while a decision won’t be handed down today (it could take four months), matters are already coming to a head on Israel’s streets, and in its halls of power.
While the Supreme Court’s activities are often closely watched, today’s hearing appears to be riveting many of the Israelis who have been fighting over the legislation on trial. Renewed protests in Jerusalem, where the court meets, flooded streets on Monday, and in a sign of hearing’s reach, the Tel Aviv Museum of Art waived admission fees and is showing a livestream of the court proceedings today.
Here’s what you need to know.
How did we get here?
Soon after Netanyahu’s government came to power, it unveiled a sweeping plan to limit the power of Israel’s judiciary. The Israeli right sees the courts as an unelected bastion of left-wing Ashkenazi secular elites that stymies the right-wing government from passing laws that reflect the will of the electorate.
The plan, in its original form, would have given the governing coalition complete control over the appointment of judges. It also would have let Israel’s parliament, the Knesset, override Supreme Court decisions with a bare majority, among other provisions.
That plan sparked a historic protest movement that has brought hundreds of thousands of people to the streets to oppose the law. The protesters say the judicial overhaul will undermine Israeli democracy by removing the most significant check on the power of the government and by leaving minorities vulnerable to discriminatory laws. In addition to the protesters, world leaders including President Joe Biden have come out against the overhaul, as have large Jewish groups in the United States.
In July, after failed negotiations over the plan and months of civil unrest, the Knesset passed one component of the overhaul along party lines. The law barred the Supreme Court from striking down government decisions it deems unreasonable — a tool the court had used to check the government’s power.
What’s the Supreme Court’s role in the controversy?
One of the roles of Israel’s Supreme Court is to hear petitions against laws that, their opponents say, are unconstitutional. Israel doesn’t have a constitution, but it does have a set of “Basic Laws” that act as a kind of substitute.
Soon after the “Reasonableness” law was passed, a handful of good-government groups and professional guilds submitted petitions against it, arguing that it undermines Israel’s democratic system or that there were procedural problems with its passage. The Supreme Court agreed to hear the petitions all together during the hearing today.
But here’s the twist: The law that was just passed is itself a Basic Law. The Supreme Court has never struck one of those down. That’s one of the main reasons why Netanyahu and his allies are saying the law needs to be upheld.
But opponents of the law note that the process for passing a Basic Law is no different than the process of passing an ordinary law. Therefore, they say, the law shouldn’t be immune from judicial review.
The court is hearing the arguments today — and early signs indicate its sympathy to the government’s opponents. In court today, several justices are arguing strenuously that just because they haven’t struck down a Basic Law before, they have the right to review laws designated as such. They said their power to do so rests in the country’s Declaration of Independence, which has taken on increased symbolic weight during the political fight.
The court must render a decision by Jan. 16 — either dismissing the petitions, sending the law back to Knesset for revision or striking it down. And in parallel, Netanyahu and his opponents are again negotiating over a compromise on the remaining overhaul legislation that has not yet passed.
Why are the stakes of one court decision being seen as so high?
Israelis on the right and left are attaching so much significance to the court hearing — and the resultant decision — because they agree on one thing: This is about way more than the “reasonableness law.” This is about the future of Israeli democracy.
In recognition of the hearing’s gravity, all 15 justices on the Supreme Court will hear the petition — the first time that has ever happened. The justices have also received added security.
On the right, supporters of the law say that the Supreme Court would be breaking with precedent, and further overstepping its bounds, by striking down a Basic Law. On the left, opponents of the law feel the court is the final bulwark of liberal democracy in Israel. In another sign of the unusual times, Israeli Attorney General Gali Baharav-Miara (whose position, unlike in the United States, is independent of the governing coalition), has publicly sided with the petitions against the law. She is sitting out the hearing because of her public stance.
Dueling protests have taken to the streets, and politicians have issued dire statements. But they’re not only disagreeing over whether the law is legitimate — they’re divided over what should happen if the court strikes the law down.
What happens if the court strikes the law down?
If the court says the law is unconstitutional, the coalition that passed it would have to decide whether to obey the court or not. If it were to obey the court, it would be delivering a major blow to its base, who would see a law limiting the Supreme Court’s overreach stricken down by that very same court.
But if the coalition were to defy the court, it would mean a major break with precedent, and would trigger a constitutional crisis — where different branches of the government conflict with each other, and the state lacks laws to resolve the dispute.
That’s why some of Netanyahu’s most senior allies have gone public saying that the government has a fundamental duty to respect court decisions. Defense Minister Yoav Gallant, who has tried to act as a moderating force on the judicial overhaul, said, “The State of Israel is a democratic country with a rule of law. I will honor any Supreme Court ruling,”
Other Netanyahu allies have taken the opposite tack. Knesset Speaker Amir Ohana gave a speech last week in which he said the court has no right to strike down Basic Laws and, if it does so, would be acting “against the Knesset and against Israeli democracy.”
Netanyahu, in interviews, has remained noncommittal about whether he would respect a court ruling striking down the law. But he retweeted Ohana’s video.
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The post What you need to know as Israel’s Supreme Court begins debating law limiting its power appeared first on Jewish Telegraphic Agency.
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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
The post Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says first appeared on Algemeiner.com.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
The post Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike first appeared on Algemeiner.com.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
The post Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks first appeared on Algemeiner.com.