Only three government ministers explicitly said on Sunday that they would respect the High Court of Justice‘s ruling if it strikes down the law to limit the reasonableness standard in a hearing that will be held on Tuesday.
The hearing, which will be held on Tuesday, will hear petitions for striking down the amendment that was passed in July to the Basic Law: Judiciary that greatly limits the High Court’s ability to strike down government decisions on the basis of them being deemed irresponsible or unreasonable.
Petitions were filed against the amendment as soon as it passed, and if the court rules in their favor, this would be the first time it ever struck down part of a basic law.
Some coalition members have spoken out against the impending hearing with Knesset Speaker Amir Ohana and Finance Minister Bezalel Smotrich saying that if it strikes down the law, the High Court will be working against Israeli democracy, but not all coalition members agree.
Which ministers would respect the High Court’s ruling?
“My standing on this is known,” said Defense Minister Yoav Gallant. “The State of Israel is a democratic rule of law. I will respect every High Court ruling.”
Health and Interior Minister Moshe Arbel said that he would “explicitly” respect the High Court’s ruling, and Intelligence Minister Gila Gamliel said that “of course” she would respect the ruling.
Opposition leader Yair Lapid and National Unity leader Benny Gantz praised the three ministers for their promise to respect the High Court’s ruling.
“Ministers Gamliel, Gallant, and Arbel said the obvious this morning, but unfortunately, we’ve reached the days when such a statement is so needed and important,” wrote Gantz on Twitter. “I praise them for their brave standing in these crazy days and call all coalition members to be sane and clear. You must respect the High Court’s ruling and prevent a dangerous legislative crisis.”
“I praise Ministers Gila Gamliel, Moshe Arbel, and Yoav Gallant for their clear standing on the side of the rule of law,” wrote Lapid. “It’s unbelievable that there is even a debate on whether the government will obey a High Court ruling or not.”
Meanwhile, Communications Minister Shlomo Karhi echoed Ohana’s and Smotrich’s sentiments, saying “ask the High Court judges if they intend on respecting Israeli democracy.”
Housing and Construction Minister Yitzhak Goldknopf refused to give a straight answer, saying “we’ll decide together.”
Other ministers, including Prime Minister Benjamin Netanyahu, refused to answer the question. Netanyahu has not given an explicit answer to the question for weeks although he has been asked it multiple times.
Other ministers who refused to answer were Israel Katz, Itamar Ben-Gvir, Orit Struk, Dudi Amsalem, Nir Barkat, Idit Silman, and Meir Porush.
Meanwhile, Women’s Advancement Minster May Golan outright said that she would not respect a ruling to strike down the law.
The debate on respecting the High Court’s ruling has been going on for a few weeks with other coalition MKs also expressing an opinion.
Legislation Committee Chairman Simcha Rothman said last week that he would respect “any High Court ruling that is committed to the law.”
Otzma Yehudit MK Zvika Fogel’s standing was identical to Golan’s in that he would not accept the ruling if the High Court strikes down the reasonableness clause amendment.
All this may not be an issue, however, as Netanyahu worked intensively to try to reach a compromise agreement on the judicial reform to prevent Tuesday’s hearing from taking place, according to Maariv.
The agreement that the prime minister reportedly hopes to reveal on Monday will include a milder version of the reasonableness clause amendment, making the hearing unnecessary.
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