Yom Shleeshee
Tuesday
7 Av 5783
July 25 2023
The News on the Israeli Street
The war in Judea and Samaria.
17 wanted terrorists were captured by IDF, Shin Bet, and Border Police overnight in Beitot, Masachen Sha’bia, Beit Kahil, Dora, Katana, and Tufuh.
Shooting attacks:
Palestinian terrorists opened fire at IDF soldiers again in Aqbat Jaber.
Palestinian terrorists shot at our forces in Nur Al-Shams.
Palestinian terrorists opened fire on our forces at Tulkarm.
Palestinian terrorists attacked between Beyyat and Einbus (near Hawara) with machine gun fire, hitting a bus 8 times. Miraculously there were no casualties.
3 Palestinian terrorists with automatic weapons opened fire on IDF soldiers in the Samaritan neighborhood of Shechem. No soldiers were wounded. All 3 terrorists were killed:
The weapons used by the 3 terrorists in the attack (photo Rescue Without Borders SSF).
IED, “rock”, Molotov attacks:
Palestinian terrorists attacked between Naama and Ojah, the the Gush Etzion-Hevron Road near Al Aruv, Singil, Ma’ale Levona Darom Junction, south of the Ziff Junction (vehicle caught fire but driver escaped), and at a myriad of other locations.
The fallout from yesterday’s vote . . .
**Massive anarchy in Tel Aviv overnight: for 5 hours, the Ayalon Freeway became the scene of pitched battles between the police and the anarchists who set large fires in the road. Scenes of the police having to drag anarchists out of the roadway filled television screens. The reports this morning are that 10 policemen were injured, and more than 1.5 million shekels in property damage was caused by the rioters:
It was perversely intriguing to watch anarchists build this bonfire on television last night in the middle of the Ayalon Freeway. After it was fully abaze with flames reaching some 2 meters in height, the anarchists happily hopped and jumped around it as if in a drunken frenzy.
**At least three groups have already filed petitions at the Supreme Court to nullify the decision of the Knesset yesterday.
**All of the major newspapers in Israel today have a black front page–an ad paid for by the “High-tech protesters” against the government.
Fiji becomes the 98th country . . .
Kolakevod to Fiji!
The country of Fiji announced that it will open an embassy in Israel in January.
Fiji becomes the 98th country with an embassy here!
TODAY’S BLOG:
A Glorious Day For Israeli Democracy!
We ended yesterday’s blog with these words:
“So now, we are down to the final hours. Will Netanyahu cave-in to the avalanche of those trying to “soften” or “pause” the legislation? Let’s hope and pray that he does not.”
Indeed, he did not.
Despite repeated efforts by Defense Minister Gallant to pause the legislation or otherwise compromise it out of existence, and despite the efforts of Lapid, Gantz, Herzog to present faux compromises, Bibi stood stall and held his ground and finally, after hours of debate the Amendment to the Basic Judiciary Law passed in the Knesset.
By far, the most dramatic moments came during the 30+ ballots to vote down the objections to the bill. At one point, we were treated to a scene of Gallant and Justice Minister Yariv Levin battling it out with Netanyahu in the middle:
Left to right: Galant, Netanyahu, Levin: at one point the argument became animated with Levin and Galant gesturing at each other while Netanyahu sat there apparently distracted (it should be noted that had just gotten out of the hospital hours before after having had a pacemaker implanted.)
Fortunately, Levin finally won out.
So what actually passed and why is it a glorious day for Israel democracy?
Let’s take the second point first. It is a glorious day because it finally begins to reverse the power usurped from the Knesset by Aharon Barak’s Court in the 1980s. That court established the reasonableness clause in order to toss out at the Court’s subjective whim any law or government decision it deemed “unreasonable.” Instead, it will begin the process of forcing the Supreme Court to anchor its decisions in law.
But it is important to understand that this Amendment does not eliminate the “reasonableness” doctrine.
To quote the law: “Those who have judicial authority according to the law, including the Supreme Court in its capacity as the High Court of Justice, will not issue judgements based on the reasonableness standard on decisions of the government, the prime minister, or another minister, and will not issue an order on this matter.”
In short, Justices may still use the reasonableness doctrine to rule in non-governmental cases such as administrative decisions made by civil servants, bureaucrats, and local elected officials. Not only that, as stated before, the Court can still rule against the government, the prime minister, and other ministers on the basis of law.
It should also be remembered that the Amendment that passed yesterday is a tiny portion of the overall judicial reform that was proposed by Levin in March. Hopefully, in the year to come, the Knesset will take up the Judicial Selection Committee composition once again, a Knesset override clause that would permit a Supreme Court decision to be overridden, as well as other elements that have been put aside.
Finally, it should be noted that the Supreme Court may yet rule in the next two weeks that the Amendment passed yesterday is “unreasonable.” After all, it has been fighting all along to hang on to its power. If that happens, a major governmental crisis will ensue.
It is too early to rejoice, but at least those who voted for this Coalition government can feel good today.
A student from Malawi, who had worked with an Israeli health volunteer in his country battling AIDS, came up to us as we walked down the street in the UC-Davis Picnic Day Parade and wanted to carry the Israeli flag.