High Court maintains freeze on law limiting enforcement against haredi draft dodgers

Israel's High Court of Justice has issued an interim order freezing a recently passed law that limited enforcement measures against ultra-Orthodox (haredi) men evading mandatory military service. The court's decision suspends the law's implementation until a final ruling is made, which is expected soon.

The law, passed on July 14, was immediately challenged by opposition factions and faced scrutiny from the Attorney-General. Justice Ofer Grosskopf initially froze the law, focusing on two key issues: the court's established rulings on the enlistment of yeshiva students and the law's apparent unequal treatment of different population segments.

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After considering the parties’ arguments, in writing and orally, an interim order is hereby issued. The judgment will be issued soon.

Attorney-General Gali Baharav-Miara urged the court to strike down the law, labeling it a "group immunity mechanism." She argued that while the duty to enlist remains, the law removes consequences for refusal, thereby protecting one sector from legal action while leaving other draft evaders vulnerable.

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The most fundamental subject of a bill, however, cannot be changed. There is no escaping the conclusion that the new law introduced a new subject.

Adding another layer to the legal challenge, the Knesset's own legal advisers argued that the law's passage was procedurally flawed. They contended that the legislative committee handling the bill introduced a "new subject" by shifting focus from integrating yeshiva students into service to freezing enforcement measures. This, they argued, exceeded the committee's authority to amend a bill without altering its fundamental purpose, potentially rendering the law invalid based on its legislative process.

The court's final decision is anticipated to address both the constitutional implications of unequal treatment and the procedural validity of the law's enactment.

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She called it a “group immunity mechanism” that protects one sector from arrest, investigation and prosecution while leaving other draft evaders exposed to the full force of the law.