For decades the right of American society has denounced the judicial system, including SCOTUS, for decisions that go against its desires. Their resultant strategy has been to attempt to load SCOTUS, and to some extent the lower courts, with sympathetic jurists, which has not been an entirely successful, or unsuccessful, strategy. The recent contretemps since the death of Justice Scalia is merely the latest battle in this war to win the Law to their side.
But this is not an isolated phenomenon. In Israel, of all places, the Law, in the persons of the Supreme Court, is under attack from the right, as reported by Ben Caspit of AL Monitor:
Though the Israeli right has long called for placing a limit on the power of the Supreme Court and allowing the country’s elected officials to rule, never before have these calls been so vociferous and so dangerous. This was evident in an impassioned clash that erupted during the opening session of the Israeli Bar Association’s annual conference in Eilat on April 4.
Raising the banner of revolt was Israel’s young Justice Minister Ayelet Shaked, Naftali Bennett’s partner in the leadership of HaBayit HaYehudi. In her inaugural speech to the conference, Shaked focused on the Supreme Court decision March 27 that led to the delay of the deal that Israel signed with the firms operating Israel’s offshore gas fields, including the large US corporation Noble Energy (for distribution of resources and benefits).
“A judicial body that has no responsibility for filling the [country’s] coffers is the one that allows itself to empty them,” she said. “This is yet another example of [the court] exerting its authority, but bearing no responsibility for it. The court has once again become a place for adjudication of purely political and macroeconomic questions.” Surprisingly, Shaked’s speech received thunderous applause from the hundreds of lawyers and top Israeli legal figures who were present in the hall.
Mr. Caspit notes how the Knesset has been attempting to limit the powers of the Supreme Court, and then surveys the Israeli political landscape, concluding:
Many think that Smotrich is the very personification of the kind of Jewish extremism that thrives and flourishes on the hills of Judea and Samaria. He is the fulfillment of what philosopher and professor Yeshayahu Leibowitz raged about prophetically in 1982, when he warned against the rise of a new race of “Judeo-Nazis.” The problem is that in the past, people like Smotrich had to hide and keep their opinions to themselves. Now, however, they feel confident enough to express their opinions loud and proud. They can even serve as legislators in the Israeli Knesset.
Which is distressingly similar to characterizations of some Trump supporters as white supremacists. But to return to the thread, the Kansas legislature is also tired of decisions rendered by its own Supreme Court. From The Wichita Eagle:
Stung by court decisions on school finance and death penalty cases, lawmakers are working toward creating a specific list of impeachable offenses, including “attempting to subvert fundamental laws and introduce arbitrary power” and “attempting to usurp the power of the legislative or executive branch of government.”
At present, the only guideline for an impeachable offense is the Constitution’s provision for “treason, bribery or other high crimes and misdemeanors.”
The Senate bill specifies some, but not all, crimes that could qualify. It advanced on a voice vote, with a roll-call vote set for Tuesday morning. SB 439 would also apply to constitutional officers of the executive branch, such as the governor or attorney general.
Exactly why the Legislature believes it may neuter another branch of government has the authority to compel favorable decisions from the courts is not clear. I should think that only a referendum modifying the State’s Constitution could succeed in imposing these changes.
