What’s happened: Yesterday, following his election in January, Justice Isaac Amit was sworn in as President of Israel’s Supreme Court. It is the first time that the position has been filled permanently in seventeen months.
- While attended by President Herzog, Amit’s inauguration was notably boycotted by the whole of the Israeli cabinet, including the prime minister and justice minister.
- Justice Minister Yariv Levin’s boycotting of the ceremony underscores how opposed he has been to Amit’s appointment at every possible step in the process.
- Speaking at his appointment, Amit stressed the importance of the judiciary’s independence stating that it is “an essential component in the tripartite system of government… It does not stand above the other branches but operates alongside them, as an equal partner in the democratic framework of checks and balances. The role of the judiciary in this framework is to uphold the rule of law and protect individual rights from unlawful harm, whether from other individuals or from the government.”
- Amit also asserted his view of Israel’s courts as “a public trustee…[which is] loyal to the public – and to the public alone.” This further underscores the strong divide between the judicial and executive branches of government.
- President Herzog called on both sides of the divide to move towards compromise and reconciliation, to reach a “national spirit of goodwill—an era of outreach, moderation, and broad consensus-building.”
- This was needed “especially today,” Herzog continued, “as the voices of our captive sisters and brothers cry out to us from beneath the ground in Gaza, and we remain deeply concerned for their fate—the people of Israel look to the leadership of the three branches of government, yearning to see their leaders working shoulder to shoulder despite their differences.”
- He also added more criticism of the government boycotting the proceedings, explicitly stating that there was “no place” in a democracy for different branches of a government to shun each other.
Context: The unprecedented boycotting of the ceremony is a stark reminder of the chasm between the governing coalition and the judiciary.
- This is the first time the role has been filled since October 2023, when the outgoing Chief Justice, Esther Hayut, retired. Levin refrained from appointing her replacement, and it took almost a year until the High Court ruled that he did not have the authority to postpone the position indefinitely, eventually leading to Amit’s election last month.
- While the judiciary sees this is as a strengthening of the rule of law, their independence, and the separation of powers, the coalition view this as a tyranny of unelected minority of elites.
- The ceremony is a symbolic victory for the legal establishment, but the appointment could also provoke the coalition to renew their efforts to reform the system.
- The only legislation from the package of reforms proposed by Justice Minister Levin to pass parliament was the cancellation of the “reasonableness clause” in July 2023, which the Supreme Court eventually struck down.
- The controversial judicial reform package was frozen to accommodate the entry of Benny Gantz’s party into the coalition four days after the 7th October attacks. With Gantz’s departure from the coalition last June, Levin no longer saw himself as being bound by that commitment.
- One of the most contentious aspect of Levin’s proposed reforms involved the Judicial Appointments Committee. Levin and his supporters argued that the current makeup gave an outsized influence to serving judges and, in effect, was perpetuating a liberal and activist majority on the Court.
- Opponents of Levin’s reforms argued that it would put too much power in the hands of the governing majority, rendering the Court a rubber stamp for the government rather than a vital check on its power. Currently, the Committee is comprised of two Ministers of Government, two Members of Knesset, three judges, and two representatives of the Israeli Bar Association. It requires a supermajority of seven members out of nine to appoint a Supreme Court Justice.
- Months after Gantz’s departure from the coalition and war cabinet in June 2024, Gidon Saar broke off from Gantz and rejoined the coalition. He and Levin announced a compromise proposal for reforming the Judicial Appointments Committee in January that would eliminate the two Bar Association representatives and replace them with one MK from the coalition and one from the opposition.
- Their reform would also eliminate the supermajority requirement for Supreme Court appointments. While a far cry from the far-reaching reforms that Levin initially sought two years ago, this compromise would still weaken the weight of “professional” (that is, non-political) actors in the Committee and leave the Court more sensitive to the political majority of the day. The compromise proposal has not been advanced to a vote, and has been criticised by the government’s Attorney General.
- Over more than a year of this impasse over appointments and reforms to the appointment process, the Court functioned without a Chief Justice. Ultimately, the Committee met, without Levin, and picked a Chief Justice with the method that has been in use until now – namely by seniority.
- A result of this disagreement has included the inability to replace two retiring Supreme Court justices leaving their positions vacant. There has also been a knock-on effect with numerous appointments in lower courts remaining unfilled, causing significant delays to legal proceedings across the country.
- The constitutional crisis that tore Israel apart in the months before 7th October could now be back on the political agenda, just as the war takes a pause, the Knesset heads toward a possible dissolution, and Prime Minister Netanyahu is forced to make time each week testifying in his criminal trial.
Looking ahead: Regarding the hostage deal, Hamas has confirmed that it intends to release three Israeli hostages tomorrow, with their names expected to be released later today.


