
Legal Officials: High Court Expected to Strike Down Draft Law “Immediately” Over Inequality
Senior legal officials are warning that Israel’s High Court of Justice is likely to invalidate the proposed draft law outright, even if the coalition revises its language and advances the framework led by MK Boaz Bismuth.
According to a report citing conversations with legal sources, the expectation is that the court will not allow the legislation to stand due to concerns that it fails to meet equality standards. The assessment is based on recent rulings and statements made by justices during hearings, which indicate that the law does not satisfy constitutional requirements. Officials said that “an order to halt the law will be issued immediately — since it does not align with the requirements of equality.”
The situation is further complicated by the position of the Knesset’s legal advisory body, which has raised “several significant comments” regarding the current wording of the bill. Despite the lack of legal approval, Bismuth, who chairs the Foreign Affairs and Defense Committee, appears determined to continue advancing the legislation.
Legal experts cautioned that the effort is unlikely to succeed in its present form, stating that “there is no chance of passing the draft law in its current version” without the backing of professional and legal authorities.
At the same time, leading rabbinic authorities have not yet issued a final ruling on the matter. Reports indicate that while Rav Moshe Hillel Hirsch has expressed reservations about the proposed law, a final decision from Rav Dov Landau has not yet been handed down.
Sources in Bnei Brak suggest that given the intensifying situation on the ground, including arrests of yeshiva students, Rav Landau could ultimately support the legislation in an effort to halt sanctions and detentions.
However, the latest legal assessments cast doubt on whether any political or rabbinic decision would ultimately matter. If the High Court issues an immediate injunction against the bill, even full backing from chareidi parties would not be enough to bring the law into effect.
This leaves the yeshiva community in a state of uncertainty, as the proposed legislation faces the prospect of being struck down immediately and outright, by High Court order.
The conduct of the Foreign Affairs and Defense Committee has also raised questions within legal circles. The fact that its chairman has continued to move forward in recent discussions without the approval of the Knesset’s legal advisers is seen by some as an attempt to bypass fundamental legal obstacles.
Legal analysts say the High Court is closely monitoring the legislative process, and any attempt to pass a version of the law that does not meet equality standards is expected to face firm judicial opposition.
{Matzav.com}