Fiercely critical High Court seems poised to annul keystone judicial overhaul law

The Israeli High Court of Justice on Sunday appeared poised to strike down a cornerstone of the government's judicial overhaul, as justices from across the political spectrum fiercely assailed the legislation designed to increase political influence over judicial appointments. The hearing, which focused on a law set to take effect after the upcoming election, saw numerous justices use strong language, describing the measure in "dystopian hues" and likening the proceedings to a "roasting of the government's lawyers."

The legislation grants politicians unprecedented veto power over lower court appointments and complete control over Supreme Court selections. In some instances, politicians could potentially handpick Supreme Court judges without a committee vote. Several justices expressed personal offense at the government's justification that the reform aims to increase "political diversity" on the bench, emphasizing that their political leanings are irrelevant to their professional conduct.

The ferocity of the justices' critique suggests a likely ruling against the government. This potential annulment is significant because the judicial reform is a central pillar of the current administration's agenda to limit the judiciary's power to check executive authority. The controversy is further compounded by the fact that the law was passed as an amendment to a quasi-constitutional Basic Law: The Judiciary.

While the government and its supporters argue that the court's authority for judicial review stems from Basic Laws, thus limiting the court's power to review them, at least five of the 11 justices hearing the case have previously ruled to strike down government actions based on Basic Laws. This precedent indicates a potential willingness to assert judicial authority over the government's legislative agenda, setting the stage for a highly contentious legal and political battle.