Mediator withdraws support for Judicial Selection Committee legislation
Former minister Izhar Shay, who worked to bridge gaps on government’s judicial overhaul plan, urges leaders to focus on unity; calls for end to attacks on attorney general
A former minister who worked to mediate a compromise on the government’s controversial overhaul of the Judicial Selection Committee said Wednesday that he was withdrawing his support for the legislation, citing deep division in society and the need to focus on unity instead.
The announcement from Izhar Shay, who was a Knesset member for Benny Gantz’s former Blue and White party between 2019 and 2021, came hours after Justice Minister Yariv Levin said that he was beginning the process of ousting Attorney General Gali Baharav-Miara from her post, accusing her of politicizing her office.
“I am withdrawing my support for the legislative process on the Judicial Appointments Committee, which is being led by the justice minister and the chairman of the Knesset Constitution Committee,” Shay wrote in a post to his X account.
“I call on Justice Minister Yariv Levin and the Constitution Committee Chairman MK Simcha Rothman to immediately stop this legislation and also stop any other legislation that concerns Basic Laws or has a fundamental significance regarding the structure of Israeli democracy.”
Basic Laws are the legislative quasi-constitution that underpins Israeli democracy. Prime Minister Benjamin Netanyahu’s government has sought to radically alter these laws as part of a far-reaching, polarizing judicial overhaul program.
Shay’s declaration came days after Baharav-Miara warned that the government’s plans to change the way judges are appointed would undermine judicial independence and the separation of powers, harming democracy.
The legislation, proposed by Levin and Foreign Minister Gideon Sa’ar, would remove the two representatives of the Israel Bar Association from the nine-member Judicial Selection Committee, and replace them with two lawyers to be chosen by the coalition and opposition, among other changes. It would block the three Supreme Court justices from being able to push through a candidate of their choice without the support of at least one politician from each side of the aisle, but would allow politicians to add a justice to the country’s highest court without support from the judges on the panel.
The legislation is part of a compromise reached between Levin and Sa’ar that is meant to soften wide-reaching changes to the judiciary that sparked unprecedented protests when they were proposed by the government in 2023.
Critics say the changes will dangerously erode Israel’s democratic character while supporters frame it as a reform needed to rein in an overreaching court system.
The plan was put on hold following the outbreak of war in October 2023, but Levin, who is spearheading the process, has recently worked to revive the scheme, amid growing calls in the cabinet for Baharav-Miara to be fired.
On Tuesday, the coalition passed the third and final reading of a bill to change how the state ombudsman for judges is chosen.
The controversial legislation, sponsored by Religious Zionism MK Simcha Rothman, is widely seen as giving lawmakers a greater say in how the justice system is run.
Shay, who during his time in the Knesset also served as minister of science and technology, said that for the past three months he had worked with IDF Brigadier General (res.) Dedi Simchi to mediate between the sides on legislation for changing the way judges are appointed and build a bridge over the “difficult gaps that are causing division and rifts within Israeli society.”
Both men lost sons on October 7, 2023, in the Hamas-led invasion of southern Israel. Shay and Smichi are seen as representing the center-left and center-right of the political spectrum, respectively.
While noting that he and others were able to “significantly improve” the original bill for the Judicial Selection Committee changes, Shay admitted “we were unable to bridge the gap” between the two sides of the political map.
He said that at this time, all Israelis, “and especially our leaders,” should focus on bringing home the hostages and resolving the other security issues facing the country. He also called for “investigating the failure that led to the terrible disaster [of October 7] and drawing conclusions for correction at all levels affected by this failure.”
Shay called on Levin “and the members of the coalition to immediately end the boycott of the president of the Supreme Court [and] to stop the attack on the attorney general.”
Levin and other members of the right-wing governing coalition have said they refuse to recognize Justice Isaac Amit’s appointment as chief justice and will not work with him. While they cite allegations that he had presided over several cases in which he had conflicts of interest, the snub is largely seen as frustration after they failed to change the system to ensure the appointment of a conservative judge.
“I also call on the leaders of the opposition to find appropriate ways to unite the different parts of Israeli society,” Shay wrote. “This is the time for leadership based on values and personal example. “
