The Biden administration’s current approach to the topic of Israeli judicial reform risks losing American leverage in Israel and requires a more strategic approach. Regular public comments by American officials on the dangers of Israeli Prime Minister Benjamin Netanyahu’s proposed judicial reform bill is no wiser than Netanyahu allying himself with Republicans against Democrats, as he did when Trump was president.
Netanyahu’s coalition is proposing aggressive judicial reforms that will, as currently drafted, subjugate Israel’s judicial branch to the full authority and veto power of a simple majority in the Knesset, the Israeli parliament. The reality is that Israel needs of some type of judicial reform. As it currently stands, the Israeli Supreme Court practically appoints itself and, because there is no binding constitution, has the power to strike down any legally passed bill it considers “unreasonable.” As The Dispatch’s Kevin Williamson explains, Netanyahu “is not wrong to note that Israel’s balance of powers is distinctly different from those typical of advanced democracies.” But, he continues, the real problem with Netanyahu’s judicial reform bill is that “it represents a radical constitutional change undertaken with too much speed in the heat of too much political passion.”
The Biden administration has chosen to battle Netanyahu publicly over the proposed reforms. In late February, American Ambassador to Israel Tom Nides suggested that Netanyahu “pump the brakes.” And after Netanyahu’s coalition announced it would postpone passing the judicial reform until the next legislative session, President Biden insisted that Netanyahu must “walk away” from attempting the reform all together. Netanyahu’s response to the American statements has been simple: his decisions will not be “based on pressures from abroad, including from the best of friends.”
Far from pressure from Washington, it is pressure from the Israeli people that has caused Netanyahu to step back. An estimated 630,000 people in a country of 9.3 million joined anti-reform rallies; Zionist educators and leaders in the diaspora are voicing unprecedented concern over the proposed bill; and an Israeli poll found that the vast majority of Israelis, including close to half of those who voted for Netanyahu’s party, oppose the judicial reform as it is currently drafted. Possibly the most telling is that groups that typically stay out of politics that have also cautioned against the reform. In March, Israeli business executives expressed fear about the economic fallout Israel will face because of the bill; and last week, Netanyahu publicly dismissed Defense Minister Yoav Gallant following his criticism.
Public rifts between Netanyahu and Biden are not new. In 2015, then Speaker of the House John Boehner invited Netanyahu to speak before a joint session of Congress without consulting the White House. Netanyahu used the speech as an opportunity to attack former President Barack Obama’s proposed Iran nuclear agreement, drawing heavy backlash from the Democratic Party. Shortly after the announcement of Netanyahu’s speech to Congress, the New York Times reported that former Obama campaign organizer Jeremy Bird was working in Tel Aviv to oust Netanyahu in the next election.
No one benefits when democratic allies interfere in each other’s internal affairs. There is a legitimate debate to have over how the US should leverage its influence in Israel. America must remain an active and honest broker in the Israeli-Palestinian peace process and continue to use its position to stabilize the region. Yet the right call in approaching the question of judicial reform is quiet diplomacy, and trust in the Israeli people to exert public pressure on Netanyahu themselves. Will the Biden administration learn that lesson for the inevitable next round of this fight? If Biden’s last warning to Netanyahu is any indication, probably not.
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