They will not be dispossessed because they unlawfully squatted on someone else's property.
The residents of Migron will be tossed from their homes - on the order of the Supreme Court - because Attorney-General Yehuda Weinstein and his associates believe they are above the law. And due to this opinion, Weinstein and his associates refuse to recognize the sovereign authority of Israel's government or to act in accordance with its lawful decisions.
The media have alternatively presented the story of Migron's imminent destruction as a story about a power struggle between so-called settlers and the IDF, whose forces will be called upon to eject them from their homes; or as a struggle between the Israeli residents of Judea and Samaria and Prime Minister Binyamin Netanyahu; or as a struggle between the radical leftists from Peace Now and its fellow foreign government-financed NGOs, and the residents of Judea and Samaria.
These portrayals are reasonable on the narrow level of day to day developments in the story of Migron's struggle. But on a more fundamental level, the story of Migron and its pending destruction is the story of the power struggle between Israel's unelected, radical legal fraternity represented by the attorney-general, the State Prosecution he directs and the Supreme Court on the one hand, and Israel's elected governments - from the Right and from the Left - on the other.
Migron is the latest casualty of this struggle. The legal fraternity's bid to wrest sovereign power of governance from Israel's elected leadership threatens our democracy. In its continuous assault on governing authority, the legal fraternity renders it difficult if not, as a practical matter, impossible, for the government - any government - to govern.
It is important at the outset to recognize that there is a world of difference between the rule of law and the rule of lawyers. The fate of Migron, which was sealed on Wednesday with the decision of the Supreme Court, sitting as the High Court of Justice, to remove all 50 families from their homes, is a legal atrocity.
Migron was founded in 1999 on 60 plots of land. In 2006, the EU-funded Peace Now petitioned the High Court claiming to represent Arab owners of five out of the 60 plots of land. Peace Now asked the court to require the state to explain why it hadn't destroyed the town, which the group claimed was built on stolen land. Migron's residents dispute this claim.
Caroline B. Glick is the senior Middle East fellow at the Center for Security Policy in Washington, D.C., and the deputy managing editor of The Jerusalem Post, where this article first appeared.
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