Israel courts 'January 6 moment' as government defies judiciary

Israel's government has openly declared it will not respect rulings from the High Court of Justice, a move that has fueled concerns about the nation's adherence to the rule of law. This defiance was evident when the government signaled it would not abide by a decision allowing the Council of the Second Authority, the commercial broadcasting regulatory body, to resume operations.

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The decision in question – allowing the Council of the Second Authority, the commercial broadcasting regulatory body, to resume operations – might seem inconsequential. But that was beside the point. Here was the government of Israel, the country’s executive branch, openly signaling that it no longer considered itself bound by a ruling of the nation’s highest court.

Further escalating these concerns, Justice Minister Yariv Levin publicly called for defying another High Court ruling. This latest order directed the Knesset to hold a new vote for State Comptroller after the initial vote was compromised by lawmakers who filmed their secret ballots. While these specific rulings might seem minor, they represent a pattern of undermining the judiciary.

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Again, it might seem inconsequential. It was, after all, just one minister speaking. But this is far from trivial. Ever since taking office in January 2023, this coalition has done everything it possibly could to undermine the legitimacy of the Supreme Court and the attorney-general.

Since taking office in January 2023, the current coalition has consistently worked to diminish the legitimacy of the Supreme Court and the attorney-general. Although a sweeping judicial overhaul was not fully enacted, the persistent attacks have succeeded in eroding public trust in Israel's judicial system and the fundamental principles of the rule of law. Arguments that the Supreme Court and attorney-general hinder the government's ability to govern or defeat enemies have resonated with many.

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But there is a fundamental difference between criticizing a system and seeking to improve it, and trying to dismantle that system altogether.

While criticism of the judicial system, such as the lack of transparency in appointments or overreach by legal advisers, has some legitimacy, the current approach is seen as an attempt to dismantle the system rather than reform it. The repeated attacks on the courts and attorney-general have shifted from genuine reform efforts to a strategy of deflection, blaming institutions for policy failures. This politics of deflection, rather than accountability, is increasingly apparent as the government faces difficult decisions.

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It became a politics of deflection rather than one of accountability.