
High Court Judges Threaten Government; Smotrich: “Judicial Mafia Has Moved On To Extortion”
High Court justices Yitzchak Amit, Alex Stein, and Ruth Ronen on Tuesday morning responded to the government’s declaration that it would not comply with their ruling regarding the Second Authority for Television and Radio.
Among other remarks, the judges warned government ministers that anyone who fails to obey their decision could bear civil liability and be exposed to lawsuits.
The judges wrote that “the duty to obey and respect court rulings is among the fundamental conditions upon which the rule of law in a democratic state is founded. Without compliance with court rulings, the principle of the rule of law and justice is undermined, and social order falls apart. Everyone will do as they like, and the distance between the rule of law and anarchy is razor-thin.”
“A citizen’s failure to comply with a court ruling is a serious violation of the rule of law,” they added. “Far more serious is the failure of a government authority to comply with a court ruling. A state in which a government authority takes the law into its own hands—complying with a judicial order issued against it when it chooses and ignoring it when it chooses—is a state in which the seeds of calamity and anarchy are sown, and a dangerous culture of the rule of force and arbitrariness develops.”
The judges added that these principles apply to both elected officials and public servants, warning that “When public servants act contrary to judicial decisions, it may, in appropriate cases, result in the personal immunity normally granted against civil lawsuits no longer applying.”
Finance Minister Betzalel Smotrich launched a fierce attack on the justices in response, saying: “The judicial mafia has moved on to extortion. That’s exactly how a threatening message sounds, reminiscent of a protection racket collector.”
“What’s the next step? Envelopes with bullets sent to government offices? A horse’s head in someone’s bed? A bottle of gasoline thrown on the vehicles of elected officials? Extortion is a criminal offense that requires a police investigation. No one is above the law—not even Yitzchak Amit and Gali Baharav-Miara. We will defeat this protection racket as well—at the ballot box.”
Justice Minister Yariv Levin also slammed the judges, calling them “dictators.” Levin compared a statement by former High Court President Aharon Barak—”We judges have neither a sword nor a purse; all we have is the public’s trust”—with the judges’ warning, writing: “The gap between these two statements reflects the depths to which the High Court has sunk. Like the last of the dictators who have lost the public’s trust, they are threatening to use force to suppress those who demand justice. They will not succeed.”
He added, “It is time for the judges to examine how they reached such a low point. Respect for the law and respect for democratic decisions are the duty of every citizen—even if that citizen is a High Court justice.”
Likud MK Avichai Buaron wrote: “In response to the mafia-style threat issued by the court this morning, a few points need to be clarified:
- There is no such thing as the “rule of the judiciary.” There is only the rule of law.
- The law is determined solely and exclusively by the public and its representatives—the Knesset of Israel, acting as both the legislative and constituent authority.
- Everyone is subject to the law enacted by the Knesset—the Knesset itself, the government, and the courts alike.
- Court orders that contradict the law are null and void from the outset. If the court were to decide that all redheads… or issue any ruling that undermines the foundations of democracy in Israel, we could not honor such a decision. The court is not above the law.
- When the law explicitly states that the Second Authority Council may not convene with fewer than two-thirds of its members—that is, fewer than ten members—and the court instructs it to convene even though the council has fewer than ten members, it is the court that is acting in complete violation of the law and placing itself above the law. That is precisely what Justices Stein, Amit, and Ronen themselves described: “A government authority that takes the law into its own hands.” And that, ladies and gentlemen, is unlawful.
- Finally, for the sake of accuracy, the government decided last night that it “will act using all legal means at its disposal to overturn the decision…” From there to actually refusing to comply with the court order is still a long way off.”
National Security Minister Itamar Ben-Gvir wrote: “This morning I stand with the dedicated public servants in the face of the mafia-style threats sent to them by Yitzchak Amit and his colleagues. The message to the justices this morning is very clear: In a democracy, public servants are subordinate to the elected officials, in accordance with the law. My colleagues in the government and I have no intention of being intimidated by them. If the High Court justices are unhappy with our policy, they are welcome to run in the elections. Only the people decide.”
(YWN Israel Desk—Jerusalem)