In times of crisis, the truth tends to emerge from the fog that keeps obscuring what we don't see when things are calm. What is this truth? It's simple: The Right has been vindicated over the course of the 140 years of Zionism time and again on hot-button issues. The Left, on the other hand, has shown that it has been blessed with the ability to see things get done.
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The ideas expressed by right-wing Zionist leader Ze'ev Jabotinsky in his essay "The Iron Wall" were eventually adopted by David Ben-Gurion, even though he never conceded that he had done so. The formative essay eventually became a seminal document in Israel's national security doctrine. The RIght has always sought free market capitalism as a means of reaching prosperity rather than a centralized economy that the Left espoused (not to mention its admiration of Stalin and the communists among some of its fringes). Here too, there is no doubt who won the argument. Likewise, the Left has tried over the past decades to blur Jewish roots as the basis for Israeli life, while the Right has advocated safeguarding Israel's Jewish character.
Today it's clear that without Judaism we have no identity and no reason to be in this land. The major cultural talents we have produced were affiliated with the Right, even though right-wing thought has never been allowed to thrive.
Video: Reuters / Israelis block road by PM's office in protest of judicial overhaul
The RIght sounded the alarm about the Oslo Accords and the 2005 Gaza pullout and proved to be correct (no, the "Right" did not withdraw from Gaza, it was Ariel Sharon, a wannabe leftie who was rejected by that camp). The Right also opposed the reparations agreement with Germany, although perhaps from a historical perspective, it may have erred in that regard.
It is the Right that introduced human rights and the supremacy of the law in Israel. As you may recall, Menachem Begin opposed the military rule on Israel's Arab citizens as early as the 1950s and he was the one who coined the memorable statement "There are justices in Jerusalem." Begin, with his naive inclination, also believed that the professional government functionaries should be allowed to run the country. He never imagined that they would devoid his 1977 upset victory that ousted the Left from power.
During the 46 years since that election, the Likud and its allies continued to win time and again – but they have never held power in the true sense of the word. Through the judiciary, the bureaucracy, the defense establishment, academia, cultural elites, the media, and some of the economic wheelers and dealers, the Left's doctrine continued to dominate Israel's power foci. In fact, regardless of who the cabinet ministers were, the old guard has continued with its obstructionist insurgency.
The ongoing protests in Israel these days only highlight the distorted reality we have had since 1977. You can argue for and against the merits of the proposed judicial reforms, but when it comes to the old power centers, there is unanimous opposition, and anyone who dares to actually support the measures – in a bank, in a university, in the military and in the other centers of power – becomes an outcast. The claims that the reform will bring about dictatorship is just an excuse that is designed to rally the masses against the legislation.
Without the courts and the human rights groups
The first to realize this was Justice Minister Yariv Levin, Chairman of the Knesset and Constitution, Law and Justice Committee Simcha Rothman. They may have failed to anticipate the strength of the opposition to their plans – and perhaps they could have countered it with proper messaging – but they knew full well that this initiative would be a very painful surgery. That's why they have shown total rigidity since launching it.
Levin has vowed that he will not share the same fate of past justice ministers who saw their judicial reform shelved by the opposition after being duped into embracing stalling tactics.
The Opposition is banking on the Right becoming frightened and then rolling back the legislation. And indeed, there are indeed to protest tents pitched outside the Supreme Court: One against the reform, and the other calling for national unity.
There is no coincidence here. The Right has been right all along; the Left has been strong all along. Even when the Right is in power, it acts with timidity and carefulness, without self-confidence, encountering tough resistance when it tries to effect real change. This includes the bombing of the Iraq nuclear reactor in 1981, which then-Prime Minister Menachem Begin had to impose on the Israeli Air Force; the effort to strike Iran's nuclear infrastructure, which Netanayhu could not pass through the defense establishment; and the application of sovereignty on Judea and Samaria, which was torpedoed by then-Defense Minister Benny Gantz. In each case, the Right and Netanyahu remained outsiders.
The Left, on the other hand, doesn't think twice. In the handful of cases in which it managed to be in power since 1977, it has not wasted time and always galloped forward, regardless of democratic principles. Yitzhak Rabin coined the term "without the High Court and [human rights group] B'Tzelem]" when he signed the Oslo Accords. Under his leadership, the Knesset also passed a law to help undo various Supreme Court rulings so that he could keep the support of his Knesset allies. This never bothered the High Court and its supporters.
Prime Minister Ariel Sharon acted the same way, reneging on practically every pledge and violating every democratic norm on his way to implementing the 2005 Disengagement Plan. He put his friend as the IDF chief of staff by essentially ending the career of his predecessor, without even a squeak from the High Court. To counter the resistance to the Disengagement Plan, security forces also arrested 14-year-old girls without bail. The most recent governments under Yair Lapid and Naftali Bennett acted in the same brutal way and the only reason it did not do much harm is that the infighting led to its collapse.
All this is a result of the fact that the raging debate in Israel is not about the "what" but about the "who". Lapid, who was against judicial activism and used to override the attorney general in the past, wanted to reform the courts. He was also ready to have Aryeh Deri in his government had this helped him politically. That encapsulates the entire difference: A right-wing victory is what fueled the protest movement, and to hell with the state. The camp that has been taking to the streets and is resigned to staying out of power because of the demographic trends is afraid of the Haredim, the settlers, and Netanyahu.
So long as the High Court of Justice managed to offset these elections, the Left could take things with stride. But now that the government seeks to strike a balance between the courts, the genie is out of the bottle: the fears and the hatred came out bursting. The reform has only been the trigger. As a nation, we will have to undergo a rigorous healing process after the reform is passed in order to get over the chasm of the past two months.
What does Netanyahu want?
But will the reform pass? We will find out rather quickly. The Knesset will go on recess in early April. Justice Minister Yariv Levin has set April 2 as the deadline for the passage of the first tranche of bills for the reform and has made it clear that the legislative process won't stop. Because this is all about political wheeling and dealing, it is safe to assume that the talks will continue until the very last moment. President Isaac Herzog and all the politicians and experts that have been in touch with him will try to reach some compromise that could be acceptable to the Opposition. But it's hard to see how they can deliver on this.
State Party leader Benny Gatz and his people are the only ones who have shown responsibility by striving for compromise. At the moment of truth, it remains to be seen if they will sign or endorse the same document Levin will embrace. If they do so, they will be subject to a heavy barrage of artillery from their own camp. Gantz has already experienced that firsthand when he entered a rotating premiership deal with Netanyahu under the unity government during the coronavirus pandemic. He has never recovered from this traumatic experience. It is therefore much more likely that the government will water down the reform on its own. This has been the plan all along. But for this to happen, the prime minister has to be on board. Some believe that he has not shown his A-Game in recent weeks. Others disagree. "He is still the sharpest man in the room, even at 3 a.m.," a close associate of his says.
It appears that it's Netanyahu's mood that has floored. Despite the restrictions imposed on him by the attorney general – which have prevented him from engaging on this matter directly – he can explain things to the public and boost up the morale of Likud ministers. But he has not done so, for whatever reason. His orbit has promised that he will increase his involvement, as has been the case in major crises. He too has reasons to be optimistic, it seems.
People who have been in the know say there is a high chance that one of the counts in his trial will be dismissed – bribery, in Case 4,000. Some of the co-defendants have already asked for that, citing miscarriage of justice. Netanyahu's legal team will likely join this motion because the prosecution's key evidence appears to have misfired or tainted because of how it was obtained. If Netanyahu is no longer charged with bribery, the political dynamics will undergo a transformation. Many people, including some who have joined the protest, will have to answer many questions.
It is safe to say that for all the noise the Opposition is making right now, it is nothing but a swan song, however beautiful and strong it may be. Just after Passover, when Israel celebrates 75 years of independence, the reforms will have already been passed. Israel will continue to thrive and be a democracy. The swan, too, will realize that it had not been sent to the slaughterhouse.
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