Justice Minister Yariv Levin expressed displeasure with the court for its “seizure” of his authority.
(JNS) In protest against the Israeli High Court of Justice’s Sept. 8 order demanding that he convene the Judicial Selection Committee to appoint a court president, Justice Minister Yariv Levin on Sunday nominated all the sitting Supreme Court justices for the position.
He also nominated all 13 justices for the position of deputy president in a letter addressed to the Judicial Selection Committee.
(The Supreme Court sits as the High Court of Justice when considering petitions, as opposed to appeals.)
Levin submitted the list two and a half hours before the expiration of a 14-day court-set deadline to publish the names of candidates in the official gazette of the Justice Ministry.
The minister must convene the committee within 45 days of the publication of the names, according to the court order.
Levin made plain that he was carrying out the court’s wishes under duress, writing, “By virtue of the seizure of the powers of the Minister of Justice by decree on September 8, 2024 … attached are the names of the candidates whose case will be discussed before the Judicial Selection Committee.”
Throughout his long-running dispute with the court over convening the Judicial Selection Committee, Levin has stressed that according to the law, the committee is to be convened solely at the discretion of the justice minister.
Levin’s move is seen by some as a tactic to drag out the committee’s proceedings as the general public is allowed to weigh in on every nominated judge. Others see it as Levin pointing out the judicial activism of the court and the built in bias in the selection committee.
“Everyone, within 20 days from the date of publication of the names of the candidates, may contact the committee with a reasoned request not to select a particular candidate,” he wrote.
Observers say that if it is a maneuver, it is unlikely to work, as the other judges will retract their names in favor of their preferred candidate, Justice Isaac Amit. Amit is the most senior justice, and therefore by longstanding custom automatically promoted to president under the court’s seniority system. In fact, eleven of the the thirteen nominated judges already requested their names be removed, except for justices Elron and Amit. But according to sources around Levin, the law does not allow for the judges to remove their candidacy, and Levin plans to hold public discussions about all the reservations against all the judges.
Levin opposes Amit, as he is considered one of the most activist judges on the bench. To call the committee—a combination of Supreme Court judges, government ministers, Knesset members and Israel Bar Association members—would ensure Amit’s election as the judges enjoy a de facto majority.
As of Tuesday, hundreds of “reservations” against Amit’s appointment had already been filed by Israeli citizens.
The position of Supreme Court president, akin to chief justice, has been vacant for nearly a year after its last president, Justice Esther Hayut, stepped down on Oct. 16, 2023, upon reaching the mandatory retirement for judges of 70. Since then, the post has been filled by acting President Uzi Vogelman, who will retire for the same reason on Oct. 6.
The only judge likely to stay in the running against Amit is Justice Yosef Elron, viewed as a conservative judge, who put forward his candidacy for court president in August 2023.
In August, Levin offered a compromise proposal whereby Elron would serve as president for one year until his 70th birthday on Sept. 20, 2025, following which Amit would serve for the next three years.
Fogelman rejected the compromise, arguing the seniority custom (not law) protects the court’s independence and prevents its politicization.
‘Conflict of interest’
Levin referred to the court’s obstinacy in his letter on Sunday: “The Supreme Court judges rejected all compromise proposals, and by order forced me to deal with this subject … with the idea that they will be able to force the appointment of their president through a tainted procedure involving a sharp conflict of interest that is in essence invalid.”
The power to convene the committee was the one card held by Levin after his sweeping judicial reform plan, which he announced in January 2023, disintegrated under a barrage of street protests, refusals to report for IDF service, and occasional violence.
After years of what they saw as a Supreme Court marinated in left-wing ideology run amuck, reining it in became the cornerstone issue for Prime Minister Benjamin Netanyahu’s coalition partners and the Likud Party’s rank-and-file.
Indeed, the reason generally given for Levin’s success in the Likud Party primary in August 2022, in which he was elected to the No. 2 spot, right behind Netanyahu, was his long and vocal opposition to what Likud members viewed as the Supreme Court’s arrogation of power.
“We go to the polls, vote, choose, but time and time again people we didn’t choose decide for us,” Levin said upon announcing his judicial reform plan.
He reflected this widespread view among Israel’s right in his letter, writing, “This is another link in a series of legal decisions that stand in contradiction to the spirit of unity and responsibility that our soldiers and the entire public expect.”
He concluded in bold print: “Whoever tries to seize the crown and place it comfortably on his [own] head won’t win the public’s trust, or be recognized as one elected lawfully and in an acceptable manner.”
The court’s allies criticized Levin’s move. Amit Becher, head of the Israel Bar Association, accused the minister of having “lost his compass and his way. The announcement dishonors the verdict of the High Court of Justice and the Supreme Court judges. His behavior will be remembered in eternal disgrace.”
A staunch opponent of judicial reform, Becher found himself in hot water earlier this month when a recording emerged in which he promised to stop any candidate for a judgeship linked to the Kohelet Policy Forum, a pro-judicial reform think tank.
MK Karine Elharrar of the Yesh Atid Party, who sits on the Judicial Selection Committee as a member of the opposition, said, “Minister Levin’s conduct is shameful. This is how a minister looks who conducts himself lawlessly and destroys an entire country. Despite everything, Levin will not be able to escape. The permanent president of the Supreme Court will be appointed.”
