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April 2019

How to Reform Israel’s Runaway Supreme Court by David Isaac

https://freebeacon.com/blog/how-to-reform-israels-runaway-supreme-court/

Israel’s Supreme Court banned Michael Ben-Ari, a member of the Otzma Yehudit or “Jewish Power” Party, from being a candidate in the Israeli elections. The court made its decision even after Israel’s Central Elections Committee said he could run. What especially provoked indignation was that at the same time the Supreme Court rejected Ben-Ari, it also overturned the Central Election Committee’s decision to ban the Arab party, Balad, which rejects the very idea of a Jewish State, and a radical-left Jewish candidate, Ofer Cassif, who is running on a joint list of two other Arab parties, Hadash and Ta’al, and who has compared Israel to Nazi Germany and referred to Israel’s War of Independence as the “Naqba” or catastrophe.

The Supreme Court ruling was 8-1. Minister of Justice Ayelet Shaked decried the ruling: “The decision by the High Court of Justice to disqualify Ben-Ari [for anti-Arab racist statements] and, on the other hand, to permit terror-supporting parties is a blatant and misleading intervention that goes to the core of Israeli democracy.”

Simcha Rothman, legal adviser to the Israeli Movement for Governability and Democracy, a nonprofit group that has been leading the charge for reforming Israel’s legal system, believes that by employing such a naked double standard, the Supreme Court may have played into the hands of its critics.

“I believe it will bring people out to vote for right-wing parties as a whole and, in particular, for the party that Ben-Ari was part of,” Rothman told the Free Beacon. “People will go to vote for them out of rage, as a vote of nonconfidence in the court.”