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The Government Counted on Jerusalem’s Judges to Strike Down Its Law

From Jerusalem Post · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

Opinion Named sources Outcome reported
  • Israel’s Supreme Court unanimously struck down a temporary amendment that would have halted enforcement measures against qualifying ultra-Orthodox yeshiva students who failed to report for military service.
  • The amendment followed repeated warnings from Knesset legal advisers, the attorney-general and the military chief that it faced serious legal and practical problems.
  • The ruling has intensified criticism of the coalition, which had left the law largely undefended while attacking the court after it produced the expected result.

The government knew there were judges in Jerusalem. It also knew what they would do, according to this commentary, yet passed a law that legal officials had repeatedly warned could not survive scrutiny.

On July 14, the coalition approved a temporary amendment concerning ultra-Orthodox, or haredi, yeshiva students who failed to report for military service. The measure did not cancel their legal duty to serve. Instead, it would have prevented arrests, investigations and other enforcement proceedings against qualifying students. The law never took effect. Justice Ofer Grosskopf froze it the following day while the court considered petitions against it.

Nine justices later struck the amendment down unanimously. The commentary portrays the result not as an unexpected judicial intervention, but as the predictable outcome of legislation that had already been warned against from several directions. Deputy Supreme Court President Noam Sohlberg said Knesset legal advisers had cautioned lawmakers “once, twice, and three times” that the final legislation had departed entirely from the bill approved at its first reading.

once, twice, and three times

· Noam SohlbergThe deputy Supreme Court president described the repeated warnings from Knesset legal advisers about the legislation.

That original bill sought to increase haredi enlistment and national service, encourage employment and reduce inequality. The version that emerged contained no enlistment targets, effective sanctions or alternative enforcement mechanism. Its central effect was to remove the consequences of refusing to report.

The Knesset’s legal team later told the High Court that the legislative process was fundamentally defective. Attorney-General Gali Baharav-Miara opposed the amendment on procedural and constitutional grounds, while IDF Chief of Staff Lt.-Gen. Eyal Zamir warned that it would encourage noncompliance and was “clearly and unequivocally inconsistent” with the military’s needs. The commentary argues that the court did not create the draft crisis. The Knesset maintained the enlistment obligation, then tried to stop enforcing it for one group.

clearly and unequivocally inconsistent

· Eyal ZamirThe IDF chief of staff warned that the amendment conflicted with the military’s needs.
About this summary

Originally published by Jerusalem Post in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.