Thou shalt not pile on

The first stage of the judicial reform bill has passed

Jul 24, 2023

Prime Minister Benjamin Netanyahu in a statement to the nation after passing the first major bill of the judicial overhaul, July 24, 2023. (video screenshot) — PM Bibi Netanyahu addresses the nation after the passage of today’s legislation (video screenshot)

I’ve opened up my Substack at least four times today to start writing this post. Each time, I’ve titled this piece “?” because I’ve not been quite sure what it is I want to say; but I want to say something.

I woke up this morning to news that the Knesset, in a 64-0 vote (the opposition boycotted the vote in its entirety), approved a law that prevents the courts from reviewing the reasonableness of government and ministerial decisions.

Despite last-ditch efforts at compromise, 30 hours of continuous floor debate, Prime Minister Netanyahu’s last-minute pacemaker surgery, and the thunderous shouts of protestors in Jerusalem (both for and against the passage of the law), the law has passed.

The torch will now be passed to Israel’s Supreme Court - which has already been petitioned at least twice today - to determine the reasonableness of the new law that will prevent the Supreme Court reviewing the reasonabless of new law. A confusing but accurate sentence.

Reason for pessimism

Scrolling through the app-formerly-known-as-Twitter this morning (haven’t we had enough change for one day?!), there is merit to feeling dejected, despite what side of the debate you fall on. In just a few short hours, we have learned, among other things, that:

The Histadrut Labor Federation will annouce a labor dispute in the coming days, in response to the passage of the new law;
Mossad agents have informed Director Barnea that they were deliberating whether to leave their jobs in the current political climate;
The value of the shekel has declined, the country’s risk premium has gone up, and credit rating agencies are putting Israel on close watch;
Protestors in Jerusalem are being targeted by water cannons by Israeli police in an effort to disperse the immense crowds;
A car has driven through a crowd of protestors near Kfar Saba, injuring 3;
Israeli companies trading on US stock exchanges have taken a serious hit on account of the passage of the new law and the Tel Aviv Stock Exchange is down;
The White House has lamented the new law, calling it “unfortunate”;
The Israel Medical Association has announced a 24 hour strike over the new law; and
Tens of thousands of reservists in the army, and most importantly, in Israel’s Air Force, have notified their superiors that they will no longer be showing up for their crucial roles, in protest over the government’s passage of this law.

The impact that this will have on Israel, its economy, politics, and society, at the very least, is yet to be seen. So far, the protests over the last 30 weeks or so have been relatively calm, but it only takes one or two bad faith actors to turn things around. We will also see what the Supreme Court will do with the new law, and if it does strike it down, how the government will respond and act, thus really determining who is ultimately in charge in Israel.

How do I feel?

I’ve been asked several times this morning how I feel about what is happening. Truthfully, I’m just confused. I am sincerely upset about what the mood in Israel is like (I compared it early as akin to the mood on Nov 9, 2016, when people woke up to word of Donald Trump’s election victory), and I hate it when a sense of pessimism pervades the discourse around Israel. But I am sincerely perplexed.

I do believe there is a need for some judicial reform in Israel, but I don’t know enough about what is needed and the best way to effect that change. I do believe that the media often blows things out of proportion, and I think that we have seen in Canada much more about the anti-change protestors than the pro-change protestors, of whom there are many too. I hate polarization, and I hate that in today’s discourse about any issue, there is a need for mutual exclusivity: you can only have something at the expense of something else.

I also have not yet been convinced that Israel is no longer a democracy, that Israel cannot have free and fair elections, that Israel’s Supreme Court has lost all its power, or that Israel has lost its freedom to assemble or have a free press.

I guess my thinking this morning is that I am disappointed but I am not confident enough to say why.

I will not…

Like my first few drafts of this post, there are a lot of question marks, but as someone who cares deeply about Israel from the Diaspora, I know that there are certain things that I cannot bring myself to do:

I will not change my fundamental views about Israel: I care deeply about Israel. My concern for Israel today and in the future comes from my love for that country. Though it may seem quaint to look back to the establishment of Israel, it bears remembering the miracle of Israel’s establishment in dark days of history, and what Israel has managed to overcome in the last 75 years. The passage of a judicial reform bill is not reason enough to change my mind about Israel.

I will not give fodder to anti-Israel activists: Despite the passage of this law, Israel is still the only democracy in the Middle East. It remains a high-tech miracle, a remarkable vacation destination, a country with an untold number of patents, IPOs, publications, institutes of higher learning, and those who are always willing to look inward to better themselves. Israel is not an apartheid state, it is not a racist state, it is not a colonialist endeavour, and it is not the root of all evil. I will not allow my views of the passage of this new legislation (once fully formed) to colour the debate about Israel’s legitimacy. I will continue to be vocal in deeply held beliefs that Israel is a modern-day marvel.

I will not cast aspersions on either side: the protests in Israel have been remarkable in their duration, peacefulness, and underlying efforts. There is merit to both sides of the debate over the judicial overhaul process. We must remember that there are Israelis on either side of the divide who want Israel to be a better version of itself, whatever that version entails. There are good intentions on both sides. This vote did not pass because of the strength or size of one demonstration or another - it passed because of politicians. The protestors have been valorous. As Winston Churchill said, “Democracy is the worst form of government, except for all the others.”

I will not lose hope: Countries go through phases, and though those phases are now more public with the 24 hour news-stream, social media, and punditry following along each step, this is what countries experience. Every country is dynamic and prone to the whims of its government of the day. But that does not mean that its underlying principles and values are forever changed. It just means that we must live to fight another day.

I will not pile on: Israel is set to go through tumult like it has not seen before in peacetime. Though I will express my disappointment that it has come to this, I will not pile on, or try to make matters worse. There is enough polarization. There is enough animosity. There are enough blog posts lamenting today’s sadness. There is enough instability. There is enough fear. I will not pile on.

The (potential) role of the Diaspora

There are probably plenty of Israelis who disagree with the above. Of course, I can never put myself in their shoes, and certainly the passage of this new law, and the consequences thereto, do not impact me in Canada the same as it would them there. Many Israelis however may be looking to the Diaspora to speak up, to threaten to sever ties to show our disappointment, or to put our metaphorical foot on the scale somehow. But this is complicated, and I just do not think this is the way to go.

I have seen how Diaspora communities have tried to respond to what is going on in Israel over the last six months or so. Every Diaspora community is unique, and is made up of disparate voices who feel a certain way. In Toronto, there are plenty of Israelis who are here because they were unhappy with the way of life in Israel leading up to this moment. There are others who love Israel, but who are here for other reasons. There are also people in Toronto who love Bibi and his coalition, others who hate him, and many more who frankly have no idea what is going on. As such, our community institutions have had a tough time walking a fine line over the last few months. I can only imagine the emails I will receive this evening, urging restraint by the community, proposing town halls to discuss these changes or to better understand what’s happening, talking about shared values, and reminding us that we are all Jews, and we are responsible for supporting each other (cue the requisite reference to Tisha B’Av and sinat chinam this week as well).

However, there is a place in this dialogue to remember that there is a difference between a voice, a vote, and a veto. We in the Diaspora have a voice and a potential-vote in Israel (if we exercise our Right of Return), but we do not have a vote, and we do not have a veto over what happens there. That right lies with Israeli citizens, who vote for their government, for better or for worse. Our social contract with the State of Israel, at least to-date, states that we will support, love, criticize when necessary, and accept at the end of the day the decisions made by the people and the Government of Israel. We can have neither a vibrant Jewish Diaspora nor a beloved Israel without this important pact. At the end of the day, the social contract I adhere to states that wherever I stand, I stand with Israel. This neither diminshes my Canadian-ness, my free thought, nor my ability to be disappointed in Israel from time to time.

Everyone following closely events in Israel believes that there is need for judicial reform in that country. The debate however is over the extent and timing of the reform, and the government to oversee it. Today the first steps of that reform were codified, and what happens next is anyone’s guess.

Speaking from my comfortable office in Thornhill, surrounded with pictures of Israel’s founders, many of whom did not agree or see eye-to-eye on many issues (think Jabotinsky/Begin v. Ben Gurion), though my mind remains a question mark over today’s events, I will not pile on. I do not like seeing a weakened Israel. I do like not seeing Jews at each other’s throats, and I am sickened imagining the joy of our enemies at this crucial point. But, I remain cautiously optimistic, I hope Israel’s leaders tread carefully in the coming months, and I truly hope that levelheadedness prevails.

Catch

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