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Home Politics

Netanyahu government defies court, raising constitutional crisis fears as election nears

by LJ News Opinions
July 21, 2026
in Politics
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Amna Nawaz:

The Israeli Parliament has dissolved, paving the way for October elections. And the country’s longest-serving leader is bracing for one of his toughest-ever reelection fights.

Benjamin Netanyahu faces questions over his leadership during and since the October 7 Hamas attacks. That includes questions about a new constitutional crisis, pitting his government against the judiciary.

Producer Karl Bostic in Tel Aviv reports with our Nick Schifrin.

Nick Schifrin:

In Israel, dissent is boiling. Hundreds of protesters fill Tel Aviv’s Habima Square to voice their disdain for a leader they argue is corrupting Israel’s democracy and misleading his own people.

Rotem Bavli Dvir, Movement for Quality Government in Israel: There is no government above the law. We are all equal before the law, and all of us have to do what the court says, even if we don’t agree with it.

Nick Schifrin:

Earlier this month, for the first time in Israeli history, Netanyahu’s Likud party said a decision by Israel’s Supreme Court can be ignored. The case was about the sale of a news channel to Netanyahu’s critics.

But retired Supreme Court justice Ayala Procaccia argues the case is really about democracy, even though retired justices don’t usually engage in public criticism.

Ayala Procaccia, Former Israeli Supreme Court Justice (through interpreter):

A country in which a governing authority takes the law into its own hands is a country where the seeds of disorder and anarchy are sown.

You can’t speak to original ethics when the situation is burning and it’s collapsing.

Nick Schifrin:

Procaccia was an Israeli High Court justice for more than a decade. She worries Israel’s on a slippery slope of democratic backsliding.

Ayala Procaccia:

The total combination of the antidemocratic activities that have begun three years ago, and have escalated more and more and more, reaching the peak of the breakage of our democracy. It’s an attack against the Supreme Court, actually weakening the gatekeepers of the government.

Nick Schifrin:

Since 2023, Netanyahu has tried to overhaul Israel’s judiciary, passing legislation to allow the ruling coalition to have more influence in picking judges, including on the Supreme Court, and trying but failing to prohibit a doctrine that allowed Israel’s High Court to strike down government decisions judged extremely unreasonable.

Eliad Shraga, Chair, Movement for Quality Government in Israel: This is the reason that why we are facing such a constitutional crisis.

Nick Schifrin:

Eliad Shraga guy is the founder of the Quality of Government Movement, a civil watchdog that advocates for government transparency, and is himself a formal Likud official.

Eliad Shraga:

Mr. Netanyahu to escape from justice amended at least 50 times the basic laws in Israel, just to adopt the system to his needs, his political, his legal needs, just to remain in power and just to escape from justice.

Nick Schifrin:

In three months, Netanyahu faces an election that his aides admit he might lose.

Eliad Shraga:

He want to take control on all the media in Israel, that they will be able to control the people, especially before the election. And he will lose, he won’t get result of the election, and we can face what you guys face in America in 6th of January.

Nick Schifrin:

But the court’s critics and advocates for judicial reform have long called it out of control.

Michael Oren, Israeli Ambassador to the United States: If you go back 25, 30 years, you would have a Supreme Court exercising its right of judicial review of overturning a law once every two or three years. Then all of a sudden you’re getting it two times a year, then three times a year, and then pretty consistently.

So eventually people in the Parliament are saying, who elected you?

Nick Schifrin:

Michael Oren served as the Israeli ambassador to the United States under Netanyahu from 2009 to 2013.

Michael Oren:

There has to be a greater input of Israeli public opinion in the decision of judges, who becomes a judge, choosing judges, as in the United States. You have that ability to impact the composition of the Supreme Court. We don’t have that.

Nick Schifrin:

But the reason that Netanyahu today faces such a political challenge is that even some of his historic supporters are fed up.

Michael Oren:

He is a person who has lost the trust of a tremendous amount of Israelis. He has not taken responsibility for October 7, which is a big issue here. He has poisoned relationship with just about everybody he’s worked with in the past, not with me, but just about everyone else. And it’s time for change.

Nick Schifrin:

And that sentiment is fueling Netanyahu’s opposition.

Gadi Eisenkot, a retired Israeli army chief, is running against Netanyahu and leading in the polls.

Gadi Eisenkot, Israeli Prime Minister Candidate Member (through interpreter):

When the minister of justice of the state of Israel calls not to comply with the High Court decision, he’s actually hinting at something else to us. It’s beyond the desire to weaken the Israeli judicial system. The desire here is to destroy.

Nick Schifrin:

And, like many here, Eisenkot criticizes Netanyahu for wars in Gaza, Lebanon, and Iran, none of which have ended or could be considered a victory.

Gadi Eisenkot (through interpreter):

There are military achievements. There are great challenges, but no resolution was achieved in any arena.

Nick Schifrin:

That concern echoed by Eisenkot’s supporters.

Yair Avraham, Campaign Manager (through interpreter):

I think the Israeli society is now ready for change. Mr. Netanyahu will serve the country for 30 years. I think it’s enough, especially after October 7.

Nick Schifrin:

And so Israelis and the world look to see whether the upcoming elections produce a new era of Israeli politics or a continuation of Netanyahu rule.

For the “PBS News Hour,” I’m Nick Schifrin.

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