As expected, Israel’s High Court of Justice on Wednesday issued a temporary order immediately suspending the law freezing the arrests of bnei yeshivos who are designated as “draft dodgers” that was passed in the Knesset on Tuesday evening.

The order, issued by Justice Ofer Grosskopf in response to petitions filed by Yesh Atid and, separately, by Yisrael Beiteinu, means the new Security Service Law (Amendment No. 28 – Temporary Provision) will not take effect until further notice.

The petitioners argue that the law is discriminatory and unconstitutional, claiming it does not meet the requirements of Israel’s Basic Law: Human Dignity and Liberty.

In his decision, Justice Grosskopf ordered the state to explain why the law should not be invalidated altogether.

“In light of this Court’s longstanding rulings regarding the enlistment of bnei yeshivos, the significance of suspending arrest, investigation, and enforcement proceedings with respect to only certain segments of the population, and the substantial arguments raised by the petitioners challenging the law’s validity, a conditional order is hereby issued directing the respondents to explain why the Security Service Law (Amendment No. 28 – Temporary Provision), 5786-2026, should not be annulled,” the ruling states.

The burden now shifts to the government, which will have to present substantial legal arguments explaining why the law does not constitute a disproportionate violation of the principle of equality and why it should remain in force.

Because of the significance of the issue, Justice Grosskopf ordered that the petitions be heard as soon as possible before an expanded panel of Supreme Court justices, to be determined by Yitzchak Amit, the “President” of the High Court.

The state has been instructed to submit its response to the petitions and to the requests for interim orders no later than four days before the hearing.

The ruling concludes by formally granting the petitioners’ request for an interim order, stating: “A temporary order is hereby issued suspending the entry into force of the Security Service Law… until further decision.”

(YWN Israel Desk—Jerusalem)