A bombshell leak was revealed on Wednesday evening when Channel 12 journalist Amit Segal announced that the Supreme Court intends to invalidate the reasonableness law passed by the Knesset in July by a one-vote majority, the first time in the history of the State of Israel that a Basic Law would be invalidated.
According to the report, Supreme Court judges voiced sharp criticism against Supreme Court President Esther Hayut for pushing them to reach a verdict without allowing them adequate time to deliberate the issue in order to reach a decision before her retirement on January 12.
Eight judges, including Hayut, wrote a decision in favor of disqualifying the law versus seven judges who opposed it. The report about the decision, which would roil the country amid a major war in Gaza, has sparked outrage among the right, especially since without the opinions of Hayut and Judge Anat Baron, who are both retiring, the result would have been 7-6 against the law’s invalidation.
The vast majority of legal scholars believe that the Supreme Court does not have the authority to invalidate a Basic Law and doing so risks sending Israel into a constitutional crisis. Even deliberating the invalidation of a Basic Law is unprecedented in Israeli history.
Hayut wrote: “The Basic Law constitutes a significant deviation from the ‘constitution in the making’ and therefore it must be accepted by broad consensus and not by a narrow coalitional majority.”
Judge Yechiel Kasher criticized the wording of the reasonableness law, but said that the court does not have the authority to invalidate it. “The work of legislating Basic Laws is under the authority of the Knesset and not of this court,” he wrote.
Justice Minister Yariv Levin responded to the report by stating: “While our soldiers are fighting side by side on the various fronts and the entire nation is grieving the loss of many lives, Am Yisrael must not be torn apart by disputes. The citizens of Israel expect the Supreme Court to refrain from publishing a ruling that is controversial even among its judges during a war.”
Honenu attorney Nati Rom slammed Hayut’s intention to issue the verdict during the war: “The ‘gift’ left by President Esther Hayut in the form of disqualifying a Basic Law… undermines the democratic foundations of the State of Israel. To plan this coup with a majority of one judge in a time of war when soldiers are fighting and families are burying their dead shows why the judicial reform is so necessary.”
“I don’t understand what went through Hayut’s mind when she saw that everyone was restraining themselves and decided that it was time to light this match again and tear apart our battered and bruised nation.”
Berale Crombie, the chairman of the pro-reform Tekumah organization, wrote: “Good morning to the Supreme Court judges. How did you sleep last night after announcing that you are paving a path to civil war while our soldiers fight and fall together in battle?! Responsible adult anyone?!”
Finance Minister Bezalel Smotrich responded: “Hundreds of thousands of soldiers and commanders are giving their lives for the common good now on all fronts, two million people are afraid of the knock on the door but there are those who insist on bringing us back to to October 6th.”
“Repealing a Basic Law for the first time in the history of the country by a narrow majority further deepens the division and controversy and the lack of understanding of the magnitude of the hour. Just as the Knesset is not currently advancing controversial laws, so is appropriate and expected of the other government institutions. It is a time for victory and unity.”
(YWN Israel Desk – Jerusalem)
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13 Responses
Another reason why judicial reform is necessary there. Judges don’t like the law so they just get rid of it without any care in the world as to what happens to the country. It’s utterly insane! You have unelected bureaucrats making decisions. That’s not the way of a normal country.
If I was a justice I would have voted to strike the law on the basis of inequality. The law as passed only applies to ministers and not to all citizens. Either there is a standard or there isn’t but it needs to apply equally to all people or we have created a communist society where only the politburo is above the law.
Israeli supreme court should be abolished. Bibi should instead of giving in to the self hating left, declare war time martial law and abolish the court overnight. No more apologizing for wanting to be proud Jews. No more (xtian behavior of) turning the other cheek to the chilonim. No one cares what mechallelei Shabbos b’farhesia have to say about the future of Eretz Yisroel. Time to tell them no, we (frum and traditional Jews) are in charge now.
Wow! The lunacy of these “judges” is off the charts! Just shows why they need to be stripped down of their power a bit.
Yes, but precisely Now we see so many of our brothers risking their lives defending us, while at the same time young Chareidy men of all ages are just walking around with absolutely no responsibility to join in the protection of the land.
This is proof that the secularism of the country is more important then life
libs have no rules, except for other people
Are any of these “justices” shomer shabbos?
Wicked evil erev rav. Their days are numbered as Moshiach comes they’re gone for good.
@ader
Don’t know what this has to do with your torah hating agenda, but since you bought it up just two quick reminders. 1- those that are sitting and learning are protecting the land, while those who don’t even believe in God are a bigger danger to our security then Hamas. 2- the Zionists made this mess, so it’s their responsibility to clean it up, and we are under no obligation to help them.
@ader:”no responsibility ..in the protection of the land”??? – NO SORRY, IT IS ONLY AND I REPEAT ONLY THE TORAH LEARNED BY THE YOUNG CHAREIDY MEN THAT PROTECTS THE LAND!!!
Hamas has shown its strength and intentions and Hitzbolla is many times worse. If not for the zechus of the tens of thousands “young chareidy men” studying torah most of their waking hours, despising the luxury and entertainments the secular world has to offer, both, Hamas & Hitsbollah could have and would have choliloh turned the whole land into rubble like Gaza City.
May HASHEM continue to protect the land, the people both in E”Y and abroad in the zechus of Torah & Mitzvos.
The biased Supreme Court or as it’s know
Elohay establishment, are
Elite
War mongers
Jew hating, Jews
who
ARE THE CAUSE OF 7th MASSACRE OF MOSTLY OF THEIR OWN NONRELIGIOUS KIDS, RAPE, KIDNAPPING, BURNING OF INNOCENCE
AND As admitted by same Jew hating News Media the REAL cause of speedy eventual 3 frontal attack that is happening NOW by Hamas BECAUSE OF DIVISION CAUSE BY LAWLESS
POWER HUNGRY,
SELFISH ELITE
is again trying to gain endless power by either
“ RIVER OF JEWISH BLOOD “ as noted by Ehud Barak or a call for
“CIVIL WAR “ by “Mayor of State Of TelAviv “
And chief Instigator and
head of BDS, Reform movement and Christian Jewish Converts, LAPID THE SON OF LAPID.
They are again interested in their power grab because of the death of left and their blood stained hands since WWII.
They, who cried that religious Jews must join the army are blind to see that “ over 45% of casualties in the Gaza” are religious kids.
Yotamo Chataim Min Haaretz.
ader,
Have you not heard the COUNTLESS OPEN miracles during the close to 90 day war?! Miracle upon miracle, told over by thoroughly SECULAR soldiers in the battlefield. What causes such miracles, may I ask? Do you not realize it is Hashem watching over his children?! Do you not know it says if not for the word of Torah, the world would cease to exist? Start believing my friend. We all saw how G-D can make the “invincible” Israeli army and intelligence services entirely blind. And mind you; there has been a huge increase in Chareidim enlisting. And how about the mountains and mountains of Chessed being done across the country?! The majority of that is done by Chareidim, the ones you so hate. I guess everyone has their own role in this horrible war. You chose the role of keyboard warrior, hatred inciter. Shame on you.