In first, Israeli gov’t explicitly vows to disregard Supreme Court ruling; opposition warns of ‘danger to democracy’

In a historic first, the Israeli government declared its intention, in writing, to ignore a ruling by the High Court of Justice, setting the stage for a potential constitutional crisis and drawing outraged reactions from the opposition, as well as President Isaac Herzog.

“Statements calling for noncompliance with court rulings strike at the heart of the nation’s unity,” Herzog warned in a statement on 𝕏.

“I have made this clear before, and I will repeat it again and again: Refusing to comply with a court ruling is a red line that must not be crossed under any circumstances,” he added.

Earlier on Sunday, the Cabinet approved a statement vowing to disregard a three-week-old ruling by the High Court of Justice that allowed a regulatory body to continue making decisions despite lacking the legally required quorum. The statement was formulated by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin.

Responding to the government’s statement, the leaders of the opposition parties warned that Israel’s “democracy” was in danger, with language comparable in intensity to the days of the judicial reforms controversy before the war.

The government is “raising a hand to Israeli democracy,” warned Gadi Eisenkot, leader of the Yashar party.

Naftali Bennett of the Together party called it “a grave and dangerous breach of trust by the government toward the state.” He warned, “This event is a clear and immediate danger,” while his No. 2 and current opposition leader, Yair Lapid, said it was the “dismantling of the very foundations of our democracy.”

“As of today, there is no law in Israel – only rule,” he said.

The situation began with the court’s June 17 ruling allowing the "Second Authority Council for Television and Radio: to continue operating despite lacking the legally required number of members needed to make decisions.

The ruling came against the backdrop of the proposed sale of Channel 13, a television station widely seen as left-leaning and critical of the government, to a group of high-tech entrepreneurs led by Wiz co-founder Assaf Rappaport, who is also viewed as opposed to the government.

The council is required to approve the sale. However, six members of the council resigned, reportedly under pressure from Karhi, rendering it legally unable to approve the sale.

In its June ruling, the court stated that the council can decide despite the lack of members, while accusing Karhi of “deliberate obstruction and paralysis of the council’s operations.”

On Sunday, the government responded by noting that the court's ruling had no legal basis. “A ruling that contradicts the law will not be recognized, and any decisions made under it are void.”

Levin and Karhi had been among the leading proponents of the government’s judicial reform agenda and, in their view, the current case once again highlighted the court’s persistent overreach and what they described as an "abuse of power."

Karhi said the court did not have the “authority to erase an explicit legal requirement simply because it is inconvenient," adding, "The rule of law is not rule by judges.”

Levin added, “The government has a duty to ensure that the law – and only the law – remains the source of governmental authority.”

Amid a storm of criticism, Cabinet Secretary Yossi Fuchs backtracked on Sunday evening, writing on 𝕏 that the Cabinet’s statement “does not contain a single word calling for noncompliance…Rather, it expresses sharp criticism of a ruling that contradicts the explicit wording of the law.”

“The cabinet stated that it will use all legal means at its disposal to overturn the decision in the future,” Fuchs added.

Deputy Attorney General Gil Limon criticized the government's decision, questioning whether “this is how it will work from now on – whenever there is a legal opinion or court ruling that the government does not like... all of this serves to normalize systematic violations of the law.”

In another call-back to the highly contentious judicial reform period, former Prime Minister Ehud Barak renewed his ominous calls to oppose the government. Once again, he urged “civil disobedience,” calling it “the only path left for the citizens of Israel.”

The declaration to ignore the court ruling “is a declaration of war against the democratic State of Israel and constitutes a violation of the oath of office taken by the prime minister and his ministers,” Barak charged, arguing “the government and its leader have made themselves manifestly illegitimate.”

“Only the people, in their masses, can save us from descending into the abyss of a dark, corrupt, and internationally ostracized dictatorship, whose end will be anarchy and destruction.”

With several weeks still remaining in the Knesset’s current session, the government has mounted a last-minute push to advance several watered-down judicial reform bills, most notably a proposal to split the role of the attorney general.