Yuval Shany and Amichai Cohen on the Israeli Supreme Court's Bombshell
The Lawfare Podcast11 Tammi 2024

Yuval Shany and Amichai Cohen on the Israeli Supreme Court's Bombshell

The Israeli Supreme Court—in the middle of the war in Gaza—handed down a decision that amounts to a kind of death blow to Prime Minister Bibi Netanyahu's judicial reform project.

Before October 7, judicial overhaul was all that anybody was talking about in Israeli politics—you know, a five-part legislative plan to assert parliamentary control over the judiciary and reduce Israel's checks and balances into a more majoritarian system. Only one part of it passed, and the Supreme Court has now struck it down in a decision that sharply divided the court on some questions and reflected significant unity on others.

To discuss the 700-page ruling, we brought back our Israeli judicial overhaul team: Yuval Shany of Hebrew University and Amichai Cohen of Ono Academic College. Lawfare Editor-in-Chief Benjamin Wittes spoke with them about what the court did and what the court didn't do, about their doing it in the middle of a war and whether that was truly necessary, and about where the judicial politics of Israel go from here.

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