Israeli government set to ignore Supreme Court ruling in direct constitutional challenge

The Israeli government has indicated that it will refuse to comply with a ruling by the country’s Supreme Court, leading to bitter condemnations by leading opposition politicians, with just a few months to go until the legally mandated deadline for a general election.

The Supreme Court had ruled that the Second Authority for Television and Radio, a commercial broadcasting regulator, could continue to operate temporarily, despite a number of resignations having left its council without a legal quorum to make decisions. The main issue at stake is a proposed takeover bid for Channel 13 by a consortium of tech entrepreneurs led by Assaf Rappaport, a vocal critic of the Netanyahu government.

In a statement on Sunday Justice Minister Yariv Levin and Communications Minister Shlomo Karhi said that “today the government unanimously approved a proposal declaring that it will not recognise any decision, approval, appointment, or action taken by the Council of the Second Authority as long as the council does not meet the explicit minimum requirements established by law,” they said.

In even stronger language, Karhi subsequently said that “High Court justices are not the Knesset, and an abuse of power does not give them the authority to erase an explicit statutory requirement simply because they find it inconvenient.”

He went on to say that a two thirds majority by the regulator’s council in respect of decisions was “a legal requirement, not a recommendation”, and that the government had “made its position clear: when the High Court tramples the law, the state will not cooperate.”

The government statements were met by vehement criticism from leading opposition politicians, including Yair Lapid, Naftali Bennett and Gadi Eisenkot.

In a social media statement on Monday, Lapid said that “the government’s decision yesterday that it will not accept the High Court ruling had a purpose: the government wants to reach the elections without a court. The poison machine is steadily pumping this idea, until the madness sounds logical. This is a calculated plan aimed at stealing the elections.”

He went on to say that “If the government doesn’t accept the court’s ruling, from that moment on, the government has no boundaries, no oversight—it’s above the law… If the government won’t obey the law, we’re not obligated to obey the government. The laws they pass here won’t apply to us. We won’t cooperate with them and will annul every law and every appointment of theirs immediately when we return to power.”

In a similar vein Naftali Bennett described how “if the government of Israel decides not to obey a Supreme Court ruling, from that moment every citizen is forced to ask himself: Who do I obey? The government? The court? And when there is no single answer—there is no single state. There is anarchy. Chaos. That’s how they split Israel into two kingdoms. It’s already happened to us twice, and twice it ended in destruction.

“Many times court rulings don’t sit well with me, and yet I accept them, because otherwise there is no state. It is forbidden to dismantle Israel. This is a matter of life and death for us.”

Gadi Eisenkot, the former IDF Chief of Staff who has recently become a key political challenger to Prime Minister Netanyahu, summed up his view of the matter as follows: “The Israeli government is raising a hand against Israeli democracy. Netanyahu is dividing Israel. Israeli citizens deserve a government that unites the people – not a government that works to divide it.”

Israeli President Isaac Herzog, who is constitutionally expected to remain out of party politics, tweeted: “Statements of noncompliance with Supreme Court rulings harm the core of unity in the people. I have already clarified this, and I will repeat it again and again – noncompliance with a court ruling is a red line that must not be crossed under any circumstances.”

In response, Minister Karhi said: “Weird. Where was the president two weeks ago when the High Court issued a decision in violation of an explicit clause in the law? Exercising his right to remain silent? Where was his red line then?

“The people are no longer willing to stay silent. We are working to return the country to its citizens. We obey the law, not the illegal decisions of the High Court.

“In general, I would recommend that the president make room for the view of Yitzhak Rabin, who said: “The High Court is important, but it must know its place; I am not impressed by the High Court. It will judge solely according to the laws we enact. Even the High Court is subject to the law.”

Karhi also described how “This is just the beginning, God willing. The government decision that I led today together with Minister of Justice Yariv Levin is a directional call. Every time the High Court decides contrary to the law, we will obey the law. That’s it, simply. The people are sovereign!”

Israel must hold new Knesset elections by the end of October, after which a new government coalition – either led by Mr Netanyahu or opposing political parties, will need to be formed.